CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING
Transcription
CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING
CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY TUESDAY, JULY 28, 2015 - 6:30 P.M. AGENDA DESCRIPTION ITEM NO. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION - PASTOR MARTIN SECA, LIVINGSTONE WORSHIP CENTER 4. PLEDGE OF ALLEGIANCE 5. CITIZEN COMMENTS (NO ACTION WILL BE TAKEN) This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any presented issue, nor take any action on any issue. A sign-up sheet is available for citizens who wish to address the Council. Please limit remarks to three minutes. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. 6. MAYOR'S COMMENTS 7. INFORMATION ITEMS a. Update on the City of Del Rio's Recycling Program - Emiterio Salinas, Streets & Drainage Superintendent b. Update on Commercial Airline Service - Juan Carlos Onofre, Airport Director 8. CONSENT AGENDA (ACTION MAY BE TAKEN ON THESE MATTERS) This is a procedure to help facilitate the meeting with a CONSENT AGENDA. One motion will approve all action items, noted as consent. These are routine matters which are repeated on the agenda. Approval means they will be implemented as recommended by the administration. Prior to acting on the consent agenda, any Councilmember may have a consent item withdrawn from this portion of the agenda so that it may be discussed prior to action. it may be discussed prior to action. 9. ORDINANCES (ACTION MAY BE TAKEN ON THESE MATTERS) a. O: 2015 - 056 An Ordinance by the City Council of the City of Del Rio, Texas Authorizing and Directing City Manager Henry Arredondo, to Award the Bid for the Purchase of Four (4) 3/4 Ton Diesel Pick Up Trucks with Utility Service Bodies for Various City Departments to Grande Ford Truck Sales - Mario A. Garcia, Purchasing Agent b. O: 2015 - 057 An Ordinance by the City Council of the City of Del Rio, Texas Authorizing the Emergency Rental and Directing the City Manager Henry Arredondo, to Rent, one (1) Raw Water Pump for the Water Production Division of the City of Del Rio, from United Rentals - Alejandro Garcia, Public Works Director c. O: 2015 - 058 An Ordinance by the City Council of the City of Del Rio, Texas Hereby Authorizing and Directing the City Manager Henry Arredondo to Approve Change Order Number 1 in the Amount of $80,446.68 with the Firm of Reese Albert, Inc. for the Construction of the Tx CDBG Contract 713121 Drainage Structure on Amistad Boulevard - Bob Parker, City Engineer 10. RESOLUTIONS (ACTION MAY BE TAKEN ON THESE MATTERS) a. R: 2015 - 058 A Resolution by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to Submit an Application to the Department of Homeland Security, Office of Transportation Security Administration for the Law Enforcement Officer (LEO) Reimbursement Program in Support of Air Passenger Screening at the Del Rio International Airport - Juan C. Onofre, Airport Manager b. R: 2015 - 059 A Resolution by the City Council of the City of Del Rio, Texas Directing Publication of Notice of Intention to Issue City of Del Rio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2015A - Manuel B. Chavez, Finance Director 11. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) a. Renewal of the 911 Interlocal Agreement between City of Del Rio and Middle Rio Grande Development Council - Forrest Anderson, Middle Rio Grande 911 Director b. Water Treatment Plant and Distribution System - Update and Discussion on Corrective Measures Henry Arredondo, City Manager c. Proposed Economic Development Corporation and/or Model for the City of Del Rio - Oriana Fernandez, Economic Development Director d. Request Permission to Send Water Purchase Agreement to Outside Counsel for Review - Suzanne West, City Attorney City Council Regular Meeting Date: 07/28/2015 7. a. Information Subject Update on the City of Del Rio's Recycling Program - Emiterio Salinas, Streets & Drainage Superintendent Attachments Recycle Report City Council Regular Meeting Date: 07/28/2015 7. b. Information Subject Update on Commercial Airline Service - Juan Carlos Onofre, Airport Director Attachments No file(s) attached. City Council Regular 9. a. Meeting Date: 07/28/2015 Submitted By: Jean Flynn, Executive Secretary, Administration Information SUBJECT: O: 2015 - 056 An Ordinance by the City Council of the City of Del Rio, Texas Authorizing and Directing City Manager Henry Arredondo, to Award the Bid for the Purchase of Four (4) 3/4 Ton Diesel Pick Up Trucks with Utility Service Bodies for Various City Departments to Grande Ford Truck Sales - Mario A. Garcia, Purchasing Agent SUMMARY: Discussion and possible action on an ordinance to authorize and direct City Manager Henry Arredondo, to award the bid for the the purchase of four (4) 3/4 ton diesel pick up trucks with utility service bodies for various City Departments BACKGROUND: The City of Del Rio has multiple departments that utilize 3/4 ton utility trucks in the daily operation of providing services to the community. Utility bodies are necessary to enable the crews to carry the necessary equipment and materials to work sites. Smaller capacity pick up trucks are not an option as most times, the crew also requires towing equipment for digging, trenching, or materials that are too long and heavy for a smaller truck. The departments currently have a fleet of vehicles that have long past the effective life expectancy and are in need of replacement. DISCUSSION: The City of Del Rio advertised the request to interested vendors, to submit to this invitation for bids in part of the requirement for open competition for the purchase of said vehicles. Additionally, as part of this process, the City attempted to obtain the best possible product at the most reasonable cost, from the most reliable and responsible bidder. This bid request was posted online and in the local newspaper with an open period of 4 weeks to provide ample time for vendors to compile and submit their bid. Bids were closed on May 1st, 2015. Upon closing, a total of 4 bids were submitted, of those only 1 complied with the required bonding, thus only that 1 could be considered for award, that being, Grande Ford Truck Sales. The best value bid submitted came from Grande Ford Truck Sales at $ 35,939.75 each for a total amount of $143,759.00 and is within the current allowed budget for this purchase. PROS: The replacement of the aging vehicles will reduce the down time for repairs and provide equipment that is more reliable. CONS: The initial capital costs for the purchase as expected to be approximately $143,759.00. The additional cost incurred by the Fleet Department in preparing the vehicles for use after delivery. Regular maintenance costs after delivery. RECOMMENDATION: The Purchasing Agent recommends that the City Council discuss and consider authorizing and directing the City Manager Henry Arredondo to give notice of the bid award to Grande Ford Truck Sales for the purchase of four (4) 3/4 ton diesel pick up trucks with utility service bodies for various City Departments, of a total amount of $143,759.00. Fiscal Impact FISCAL IMPACT: The cost of $143,759.00 for the replacement vehicles is from vehicle replacement funds allocated to those departments. Attachments O2015-056 Award Diesel utility trucks tabulation sheet ORDINANCE NO. O: 2015 - 056 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE CITY MANAGER HENRY ARREDONDO, TO GIVE NOTICE OF THE BID AWARD FOR FOUR (4) ¾ TON DIESEL PICK-UP TRUCKS WITH UTILITY SERVICE BODIES FOR VARIOUS DEPARTMENTS, TO GRANDE FORD TRUCK CENTER. WHEREAS, the City of Del Rio is required to procure services, goods, and materials that are competitively bid and awarded in accordance with State of Texas Local Government Code, Chapter 271; and WHEREAS, the City of Del Rio has the need to replace the vehicles that have exceeded the effective life expectancy of such equipment; and WHEREAS, the cost for the procurement of the four (4) ¾ ton diesel pick-up trucks with utility service bodies is approximately $ 143,759.00, with the funding for this project being from the departments budgeted vehicle replacement funds; and WHEREAS, the requirement for the public and open solicitation of sealed bids through an open procurement process was complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: It hereby authorizes and directs the City Manager, Henry Arredondo, to give notice of the bid award of four (4) ¾ ton diesel pick-up trucks with utility service bodies to: GRANDE FORD TRUCK CENTER POB 201210 SAN ANTONIO, TEXAS TOTAL AMOUNT OF BID $143,759.00 PASSED AND APPROVED on this the 28th day of July, 2015. ___________________________________ ROBERT GARZA Mayor ATTEST: __________________________________________ SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: _______________________________ HENRY ARREDONDO City Manager ____________________________________ SUZANNE WEST City Attorney BID TABULATION SHEET BID #R: 2015‐027 ‐ FOUR (4) ¾TON DIESEL PICK UP TRUCKS WITH UTILITY SERVICE BODYS VENDOR GRANDE FORD TRUCK SALES PO BOX 201210 SAN ANTONIO TX YEAR MAKE MODEL BOND BID AMT EXTENDED 2016 FORD F250 YES $ 35,939.75 $ 143,759.00 GUNN FLEET 16550 I35 NORTH SELMA, TEXAS 2015 CHEV 2500 NO $ 35,175.15 $ 140,700.60 DEL RIO FORD LINCOLN MERC 2700 VETERANS BLVD DEL RIO, TEXAS 2016 FORD F250 NO $ 35,861.99 $ 143,447.96 CALDWELL COUNTY FORD 800 HWY 21 EAST CALDWELL , TEXAS 2016 FORD F250 NO $ 33,235.00 $ 132,940.00 City Council Regular 9. b. Meeting Date: 07/28/2015 Submitted By: Bob Parker, City Engineer, Engineering Department Information SUBJECT: O: 2015 - 057 An Ordinance by the City Council of the City of Del Rio, Texas Authorizing the Emergency Rental and Directing the City Manager Henry Arredondo, to Rent, one (1) Raw Water Pump for the Water Production Division of the City of Del Rio, from United Rentals - Alejandro Garcia, Public Works Director SUMMARY: Authorizing the Emergency Procurement and Directing the City Manager Henry Arredondo, to proceed with the rental of the necessary pumping equipment for the Water Production Division of the City of Del Rio, from United Rentals, via the State of Texas Multiple Award Schedule Contract #TxMAS-7-51V080, and as Authorized by the Texas Local Government Code, Chapter 252.022. BACKGROUND: The City of Del Rio Water Production Plant had four raw water pumps of the total six that have been inoperable since last fiscal year. Funding to replace these pumps were requested through the City's recent CIP plan. The approved CIP plan funded the amount of $230,000.00 in March of this year. Those funds were sufficient enough to replace at least one pump. Since the time of the request, two were inoperable and one additional pump was lost. Currently leaving the operation with only two working pumps to serve the community. Of these two remaining West Springs pumps, the 36 inch raw water inlet pipe to the water production plant was damaged and the production of the plant, cannot meet the water demands of the City. This caused the City to activate the City's Water Emergency and Drought/Water Conservation Plan to help curtail water usage. This places an additional strain on the one remaining rental pump to produce as much as possible, and possibly cause it to fail as well. DISCUSSION: City staff has taken steps to supplement what water can be pumped from the permanent pumps by renting mobile pumping equipment. Monthly cost estimate to rent one of these is approximately $12,000. One pump has been rented and is in place to assist in the production of water. With the issue of the damaged pipe that has just occurred, one permanent pump has been shut down and an additional pump is needed to produce potable water. This issue has been discussed with City Management and other staff and all are in support of the emergency procurement. In essence, the basis of an emergency, is time. As a side note; emergency purchases should be rare and based on unforeseen circumstances. Normal purchasing procedures cannot be reasonably expected to provide the required goods or services within the needed time frame without experiencing operational or financial damages. PROS: The production of water for the community will continue at a stable amount, without interruptions for the increased use in the coming summer months. *It allows less time to procure the purchase, installation, and turn-key services so as to avoid potential reduction of water production. Normal production is essential to meet the needs of the City of Del Rio and its residents. CONS: The added amount of four-to-six weeks of the formal procurement process, would be added to the eighteen weeks to manufacture and install. *The emergency procurement of the pump to be manufactured could see an increased cost that may be less in a formal and open procurement process. RECOMMENDATION: City of Del Rio staff recommend to the City Council that it approves this emergency procurement and that it direct the City Manager Henry Arredondo, to proceed with the rental of the necessary pumping equipment for the Water Production Division of the City of Del Rio, from United Rentals, the State of Texas Multiple Award Schedule Contract #TxMAS-7-51V080. Fiscal Impact FISCAL IMPACT: The procurement of the necessary equipment necessary for the continued water production by the Water Production Plant and for the City of Del Rio Springs, is approximately $75,000 and is funded by current water reserves or Enterprise funds. Attachments Ord.2015 Rental Invoice ORDINANCE NO. O: 2015 – 057 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING THE EMERGENCY RENTAL AND DIRECTING THE CITY MANAGER HENRY ARREDONDO, TO RENT, ONE (1) RAW WATER PUMP FOR THE WATER PRODUCTION DIVISION OF THE CITY OF DEL RIO, FROM UNITED RENTALS WHEREAS, the City of Del Rio is authorized to procure services, goods, and materials that are determined to be an emergency as authorized by the Texas Government Code, chapter 2155.137 and Texas Administrative Code, Title 34, Part 1, Chapter 20; and WHEREAS, the City of Del Rio Water Production Division has an expedited need to rent and temporary install one raw water pump at the City of Del Rio San Felipe Springs water source so as to avoid the potential reduction in available water service to the community; and WHEREAS, the cost for the emergency procurement and installation of the raw water pump is in the estimated amount of $11,477.32 and is funded by available funds from the water reserves and/or Enterprise funds; and WHEREAS, two water pumps need immediate and unforeseen repairs and/or replacements in order to meet increased seasonal water consumption; and WHEREAS, declaring this needed and expedited procurement as emergency, as authorized by state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: It hereby authorizes the emergency rental and directs the City Manager Henry Arredondo, to rent, one (1) Raw Water Pump for the Water Production Division of the City of Del Rio, as authorized by the Texas Government Code, chapter 2155.137 and Texas Administrative Code, Title 34, Part 1, Chapter 20, to: PASSED AND ORDAINED on this the 28th day of July, 2015. ___________________________________ ROBERT GARZA Mayor ATTEST: __________________________________________ SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: _______________________________ HENRY ARREDONDO City Manager ____________________________________ SUZANNE WEST City Attorney City Council Regular 9. c. Meeting Date: 07/28/2015 Submitted By: Bob Parker, City Engineer, Engineering Department Information SUBJECT: O: 2015 - 058 An Ordinance by the City Council of the City of Del Rio, Texas Hereby Authorizing and Directing the City Manager Henry Arredondo to Approve Change Order Number 1 in the Amount of $80,446.68 with the Firm of Reese Albert, Inc. for the Construction of the Tx CDBG Contract 713121 Drainage Structure on Amistad Boulevard - Bob Parker, City Engineer SUMMARY: The City of Del Rio applied for and was successful in obtaining a TX CDBG grant, contract number 713121 to construct a drainage structure under Amistad Boulevard. The City procured the professional services of the firm of Bain Medina Bain to perform the surveying and design work required to produce the plans and specifications. BACKGROUND: The City advertised for bids and was subsequently successful in awarding the contract to the firm of Reese Albert, Inc. In clearing the Right of Way of utilities it was discovered from speaking to Verizon that they could not obtain the required cable and fiber to be able to relocate these facilities until after the ending date of the contract with TxCDBG. The only option was to perform a re-design to raise the grade of the flow line above the cables. This was done and the contractor provided a summary of the changes and prices required to build this structure this way. This will require the approval of the City Council to move forward with this project by the approval of this Change Order. DISCUSSION: This project started out to have concrete paving over the pipes. The Contractor proposed changing this regular paving to be able to drop the cost of the Change Order. This will not negatively affect the finished project and this saves $100,200.00 even though the cost of the overall project did increase. PROS: Passage of this Ordinance will allow the project to be constructed and provide a safer roadway during rain events. CONS: Passage of this Ordinance will cause the City to spend an additional $80,446.68 to construct this Passage of this Ordinance will cause the City to spend an additional $80,446.68 to construct this project. RECOMMENDATION: Staff recommends approval of this ordinance to authorize and direct City Manager Henry Arredondo to approve Change Order Number #1 in the amount of $80,446.68 with the Firm of Reese Albert, Inc. for the construction of the TxCDBG Contract 713121 Drainage Structure on Amistad Boulevard. Fiscal Impact FISCAL IMPACT: Passage of this Ordinance will result in a fiscal impact to the City in the amount of $80,446.68. Attachments O2015-058 Approve Change Order #1 Amistad Blvd. CO # 1 Pricing CO #1 ORDINANCE NO. O: 2015 - 058 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS HEREBY AUTHORIZING AND DIRECTING THE CITY MANAGER HENRY ARREDONDO TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $80,446.68 WITH THE FIRM OF REESE ALBERT FOR THE CONSTRUCTION OF THE TXCDBG CONTRACT 713121 DRAINAGE STRUCTURE ON AMISTAD BOULEVARD. WHEREAS, The City of Del Rio has long desired to upgrade drainage structures on its streets; and WHEREAS, The City of Del Rio applied for and was successful in obtaining TxCDBG Contract 713121 to help fund a drainage structure on Amistad Boulevard; and WHEREAS, The City of Del Rio advertised for the construction of this project and followed all of its normal procurement process as is required; and WHEREAS, The City Council of the City of Del Rio awarded the contract for the construction of the Amistad Boulevard Drainage project to the firm of Reese Albert, Inc. by passage of Ordinance O: 2015-004; and WHEREAS, In dealing with all of the utility adjustments needed, it was discovered that Verizon had three phone lines that would need to be adjusted to clear the proposed structure as designed; and WHEREAS, Subsequent conversations with Verizon revealed that because of their inability to acquire the proper size copper cable and fiber optic cable in a timely manner, they would not be able to clear the Right of Way before the grant expired for this project; and WHEREAS, The only option available to salvage the project is to raise the grade of the structure above the elevation of the existing cables by executing a Change Order for the project; and WHEREAS, It is in the best interest of the City of Del Rio to approve Change Order Number 1 so that this project can get underway and be completed prior to the grant expiring: and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: 1. It hereby authorizes and directs the City Manager to execute Change Order Number 1 to the contract with the firm of Reese Albert in the amount of $80,446.68 PASSED AND APPROVED on this the 28th day of July, 2015. ROBERT GARZA Mayor ATTEST: SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: HENRY ARREDONDO City Manager SUZANNE WEST City Attorney City Council Regular 10. a. Meeting Date: 07/28/2015 Submitted By: Juan Onofre, Airport Manager, Engineering Department Information SUBJECT: R: 2015 - 058 A Resolution by the City Council of the City of Del Rio, Texas Authorizing and Directing the City Manager Henry Arredondo to Submit an Application to the Department of Homeland Security, Office of Transportation Security Administration for the Law Enforcement Officer (LEO) Reimbursement Program in Support of Air Passenger Screening at the Del Rio International Airport - Juan C. Onofre, Airport Manager SUMMARY: Discussion and possible action on authorizing submission of an application to the Office of Transportation Security Administration, Law Enforcement Officer (LEO) Reimbursement Program in support of air passenger screening at the Del Rio International Airport. BACKGROUND: After the terrorist attacks on September 11th, 2001, Congress established on November 19, 2001 the Transportation Security Administration Agency and gave it the responsibility for security for all modes of transportation and provide 100 percent screening of all checked luggage for explosives. In March 2005, the City of Del Rio began regularly scheduled air passenger service at the Del Rio International Airport which required the airport operator to provide the presence of LEO’s for all passenger screening activities. The City of Del Rio Police Department began deploying police officers to the airport on March 5th 2005 with the beginning of air carrier flights. The number of flights per day in 2005 averaged three (3), in 2006 two (2), which remained the same until April 2013 when the air service was terminated by the Airline. Two years later, on 2015, the City of Del Rio has started conversations with an Air Services provider and is confident that an arrangement will be concluded by Fall 2015. The Del Rio International Airport has one (1) checkpoint lane. All commercial passengers are screened by TSA before entering the sterile area or onto departing commercial aircraft. Funding from the United States Homeland Security, Transportation Security Administration will benefit the City of Del Rio. The financial assistance requested is vital to the secure operation of this airport. The cost for the security operation of this airport creates a financial strain on the City of Del Rio which is expected to continue to increase with no way to pass along all of the cost to the flying public in an economically viable manner. The federal funds requested, though only a portion of the cost, help keep airports like Del Rio economically viable. If no federal funds are available to the City of Del Rio, airport security operation will still have to be mandated, but will continue to place a burden on the City of Del Rio budget. DISCUSSION: It is mandatory by TSA to have the presence of an uniformed Law Enforcement Officer during passenger screenings; and, having additional funds from the Federal Government will help to alleviate the burden on the City's budget of such activities where Police Officers are present. PROS: If this Resolution is passed, the City of Del Rio may apply to receive partial reimbursement of LEO expenses incurred in support of air passenger screening at the Del Rio International Airport through the Law Enforcement Officer (LEO) Reimbursement Program. CONS: There are no cons associated with this Resolution. RECOMMENDATION: Staff recommends approval of the City Council of the City of Del Rio authorizing City Manager Henry Arredondo to submit an application to the Department of Homeland Security, Office of Transportation Security Administration for the Law Enforcement Officer (LEO) Reimbursement Program in support of air passenger screening at the Del Rio International Airport. Fiscal Impact FISCAL IMPACT: The fiscal impact to the City of Del Rio will be a reimbursement of a portion of the direct employee costs related to LEO support of air passenger screening as authorized through the LEO Reimbursement Program if it is determined that the City is eligible for reimbursement. Attachments R2015-058 LEO Reimb. Program LEO project narrative LEO Budget narrative LEO Budget form LEO Data sheet RESOLUTION NO. R: 2015 - 058 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS AUTHORIZING AND DIRECTING THE CITY MANAGER HENRY ARREDONDO TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY, OFFICE TRANSPORTATION SECURITY ADMINISTRATION FOR THE LAW ENFORCEMENT OFFICER (LEO) REIMBURSEMENT PROGRAM IN SUPPORT OF AIR PASSENGER SCREENING AT THE DEL RIO INTERNATIONAL AIRPORT. WHEREAS, 49 C.F.R. Part 1542 requires that each airport operator must provide, Law enforcement personnel in the number and manner adequate to support its security program. and that Law enforcement personnel are available and committed to respond to an incident in support of a civil aviation security program when requested by an aircraft operator or foreign air carrier that has a security program: and WHEREAS, the City of Del Rio provided since March 2005 until April 2013, law enforcement officer (LEO) support and in the near future will provide LEO support in accordance with 49 C.F.R. Part 1542: and WHEREAS, the City of Del Rio wishes to seek partial reimbursement of expenses through the LEO Reimbursement Program as a means to relieve the City of a portion of these expenses; and WHEREAS, it is in the best interest of the City of Del Rio seek relief of expenses that may incur in support of air passenger screening at the Del Rio International Airport through the Law Enforcement Officer (LEO) Reimbursement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS THAT: The City Council of the City of Del Rio does hereby authorize City Manager Henry Arredondo to submit an application to the Department of Homeland Security, Office of Transportation Security Administration for the Law Enforcement Officer (LEO) Reimbursement Program in Support of air passenger screening at the Del Rio International Airport. PASSED AND APPROVED on this the 28th day of July 2015. ___________________________________ ROBERT GARZA Mayor ATTEST: ___________________________________ SUSAN CORP City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM: _______________________________ HENRY ARREDONDO City Manager _________________________________ SUZANNE WEST City Attorney Del Rio International Airport Project Narrative LEO Reimbursement Program A. Goal of the Program The program’s primary goal will be to provide a certified armed law enforcement presence at the Del Rio International Airport in support of TSA passenger and checked baggage screening. The City of Del Rio Police Department will deploy one (1) police officer for all departure flights 365 days of the year. B. Objectives of the program The objective is to deliver an air transportation security program that provides a law enforcement presence and to ensure the safety of the traveling public. DRT, in cooperation with TSA, will seek to prevent any terrorist or malicious items or individuals from entering the airport clearance gate and onto any outbound commercial aircraft, while securing the safety of all passengers. An officer will provide security, check for any suspicious activities, and be present to respond to any unforeseen situation(s) that may arise from a disturbance or violation of the law. C. Service Times A law enforcement presence for DRT will be provided for all departure flights available 365 days of the year. Officers will be at the airport’s gate at least 15 minutes before all scheduled departure times and remain until such time that the screening checkpoint closes. D. Target Population This program will serve the City of Del Rio’s population of 36,667and numerous surrounding counties, plus all business and leisure related travel to and from Del Rio, Texas. E. Organizational Capacity The City of Del Rio Police Department’s police officers full strength is 72 of which all of the patrol officers assigned to the Uniform Services have airport clearance and at any point may be assigned to the Del Rio International Airport in support of TSA screening operations. F. Historical Information It was not required to have police officers at the Del Rio International Airport before September, 2001. That changed after the terrorist attack in American soil on September 11, 2001. The City of Del Rio Police Department began deploying police officers to the airport on March 5th 2005 with the beginning of air carrier operations flights. The number of flights per day in 2005 averaged three (3), in 2006 two (2), which remained the same until April 2013 when the air service was terminated by the Airline. Two years later, on April 2015, the City of Del Rio Del Rio International Airport Project Narrative LEO Reimbursement Program started conversations with an Air Services provider and is confident that an arrangement will be concluded by Fall 2015. With this in mind, the City of Del Rio Police Department must have police officers at the airport. The City of Del Rio Police Department’s police full strength is 72. All of which have airport clearance to the Del Rio International Airport for airport checkpoint duties; 100% force support. The Del Rio International Airport has one (1) checkpoint lane. All commercial passengers are screened by TSA before entering the sterile area or onto departing commercial aircraft. Funding from the United States Homeland Security, Transportation Security Administration will benefit the city of Del Rio. The financial assistance requested is vital to the secure operation of this airport. The cost for the security operation of this airport creates a financial strain on the city of Del Rio which is expected to continue to increase with no way to pass along all of the cost to the flying public in an economically viable manner. The federal funds requested help keep airports like Del Rio economically viable. If no federal funds are available to the City of Del Rio, airport security operation will still have to be mandated, but will continue to place a burden on the City of Del Rio budget. The City of Del Rio Police Department will continue to cooperate with the Transportation Security Administration guidelines to ensure the safety of every passenger to avoid any unforeseen incidents. Due to Del Rio International Airport’s geographic location near the Mexican border, we are at a high area of terrorist threat. Funding to support and augment TSA operations would be wisely spent. Budget Narrative Del Rio International Airport LEO Cooperative Agreement Budget Category- Labor Cost A. Enforcement Average: Annual Pay Police Officer $39,419.38 Corporal $45,978.92 Lieutenant $53,629.42 $46,342.57 Average Rate Position Annual Fringe $14,611.66 $16,312.83 $18,186.81 $16,370.43 Annual Total $54,031.04 $62,291.75 $71,816.23 $62,713.01 Hourly Rate $25.98 $29.95 $34.53 $30.15 B. Enforcement (regular hours): 1. Officer: 1 officer daily @ 2 hrs each/departure/day= 2 hrs daily 2 hrs daily X 365 days a year = 730 hours annually 730 hours annually @ $30.15= $22,009.50 Annual Average Pay Increase 4% Year 1 Funding> October 1, 2015 to September 30, 2016 _$22,009.50_ Year 1 Funding> October 1, 2016 to September 30, 2017 _$22,889.88_ Year 1 Funding> October 1, 2017 to September 30, 2018 _$23,805.48 Federal Amount Requesting $68,704.86 Applicant: $6,870.49 (Estimate 10% administrative costs) Total: $75,575.35 Applicant Name: City of Del Rio Award Number: NEW SUBMISSION AWARD NUMBER PENDING APPROVAL Budget Information - Non Construction Programs OMB Approval No. 0348-0044 Section A - Budget Summary Estimated Unobligated Funds Grant Program Function or Activity (a) 1. LEO Reimbursement Program (b) Federal (c ) New or Revised Budget Non-Federal (d) Federal (e) HSTS02-12-R-SLR349 Non-Federal (f) 68,704.86 Total (g) 6,870.49 75,575.35 6,870.49 75,575.35 2. 3. 4. 5. - Totals - 68,704.86 Section B - Budget Categories 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Total Direct Charges (sum of 6a-6h) j. Indirect Charges k. Totals (sum of 6i-6j) 7. Program Income Grant Program, Function or Activity LEO Direct Costs (2) (3) 16,264.26 5,745.24 N/A N/A N/A N/A N/A N/A 22,009.50 N/A 22,009.50 (4) Total (5) 16,264.26 5,745.24 22,009.50 22,009.50 N/A SF-424A (Rev. 4-92) Prescribed by OMB Circular A-102 Previous Edition Usable Authorized for Local Reproduction Section C - Non-Federal Resources (a) Grant Program (b) Applicant (c ) State (d) Other Sources (e) Totals 6,870.49 8. $6,870 9. $0 10. $0 11. 12. $0 $6,870 Total (sum of lines 8 - 11) $0 $6,870 $0 Section D - Forecasted Cash Needs Total for 1st Year 13. Federal 14. Non-Federal 15. Total (sum of lines 13 and 14) 1st Quarter 2nd Quarter 3rd Quarter 4th quarter $22,010 $2,201 $24,211 $6,053 $6,053 $6,053 $6,053 Section E - Budget Estimates of Federal Funds Needed for Balance of the Project Future Funding Periods (Years) (a) Grant Program 16. (b) First (c ) Second (d) Third LEO Reimbursement Program $22,010 $22,890 $23,805 Total (sum of lines 16-19) $22,010 $22,890 $23,805 (e) Fourth 17. 18. 19. 20. $0 Section F - Other Budget Information 21. Direct Charges 22. Indirect Charges 23. Remarks SF-424A (Rev. 4-92) Previous Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM FY 2015-FY 2017 OTA DataSheet 2. DATE SUBMITTED Applicant Identifier 7/30/2015 1. TYPE OF SUBMISSION: DRT 3.. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Application Initial Revision 4. APPLICANT INFORMATION ATTACHED ASSURANCES IF THE OTA IS AWARDED. Organizational Unit: City of Del Rio Department: Engineering Division: Airport Organizational DUNS: 078482262 Name and telephone number of person to be contacted on matters involving this application and/or project (provide area code) Address: First Name: Juan Street: 109 West Broadway Prefix: City: Del Rio Middle Name: Carlos County: Val Verde Last Name: Onofre-Saavedra State: TX Suffix: Zip Code: 78840-5502 Country: U.S.A. Email: jonofre@cityofdelrio.com 5. EMPLOYER IDENTIFICATION NUMBER (EIN): - 74-6000665 Fax Number (give area code) (830) 703-5331 Phone Number (give area code): (830) 774-8538 6. TYPE OF APPLICANT: (See back of form for Application Types) C 7. TYPE OF APPLICATION: (See back of form for description of letters.) A 8. NAME OF FEDERAL AGENCY: Transportation 9.. TITLE (Name of Program ): Security Administration Law Enforcement Officer (LEO) Reimbursement Program 10. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Del Rio 11. PROGRAM PERIOD Start Date: 12. CONGRESSIONAL DISTRICTS OF: Ending Date: 10/1/2015 a. Applicant 23 9/30/2018 b. Project 23 13. ESTIMATED FUNDING: $68,704.86 a. Federal $6,870.49 b. Applicant _$ c. State $0.00 d. Local $0.00 e. Other $0.00 f. TOTAL $75,575.35 14. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? NO √ Yes No X (If “Yes” attach an explanation.) 15. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THEDOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE OTA IS AWARDED. a. Authorized Representative Prefix Mr. Henry Last Name: Arredondo Title: City Manager ed. Signature of Authorized Representative Middle Name Suffix b. Email: harredondo@cityofdelrio.com c. Telephone Number (give area code) (830) 774-8616 e. Date Signed City Council Regular 10. b. Meeting Date: 07/28/2015 Submitted By: Manuel Chavez, Finance Director, Finance Information SUBJECT: R: 2015 - 059 A Resolution by the City Council of the City of Del Rio, Texas Directing Publication of Notice of Intention to Issue City of Del Rio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2015A - Manuel B. Chavez, Finance Director SUMMARY: Discussion and possible action on a resolution directing publication of notice of intention to issue City of Del Rio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2015A for CIP projects for FY 2014-2015. BACKGROUND: On June 23, 2015 during the reguarly scheduled Council meeting, the Firm of Estrada Hinojosa & Company Inc. presented the preliminary plan of finance for the CIP projects for FY 2014-2015. During the presentation, Tony Jasso from Estrada Hinojosa & Company Inc. went over the City's current debt pre 2015A issuance and post 2015A issuance to compare required debt payments and interest & sinking rate. The CIP FY 2014-2015 projects were introduced as follows: Water Treatment Plant-Upgrades $1,800,000 Water Distribution Lines $300,000 Water Heavy Equipment $1,000,000 Wastewater Collection Lines $300,000 Wastewater Heavy Equipment $500,000 Financial Applications Soft/Hardware $100,000 Streets & Drainage $7,600,000 Flood Control Drainage $200,000 City Facility Repairs/Upgrades $1,000,000 City Park Upgrades $250,000 Streets Heavy Equipment $1,000,000 DISCUSSION: The City intends to borrow funds for the projects mentioned above . The projects in FY The City intends to borrow funds for the projects mentioned above . The projects in FY 2014-2015 would include Water Treatment Plant upgrades, Water Distribution Lines, Water Heavy Equipment, Wastewater Collection Lines, Wastewater heavy equipment, Financial Applications Software/Hardware, Streets & Drainage, Flood Control Drainage, City facility repairs/upgrades, City park upgrades and Streets Heavy Equipment. The City is required to pass a resolution to publish a notice of intention if it wishes to issue Certificates of Obligation for 2015A. PROS: By approving this resolution, the City commences the process to issue Certificates of Obligation to fund identified projects in the CIP plan for FY 2014-2015. CONS: City staff will be involved in the process to issue Certificated of Obligation with the City's Financial Advisors and Bond Counsel. RECOMMENDATION: Staff recommends approval of the resolution to publish the notice of intention to issue City of Del Rio, Texas combination and revenue certificates of obligation, Series 2015A. Fiscal Impact FISCAL IMPACT: The fiscal impact at this time is the cost of publication in the newspaper, to be funded from the Finance Department budget. Attachments R2015-059 NOI RESOLUTION CIP FY14-15 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY VAL VERDE CITY OF DEL RIO § § § We, the undersigned officers of the City Council of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 28th DAY OF JULY, 2015, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Robert Garza, Mayor Mike Wrob Rowland Garza Fred Contreras Rene 'Reno' Luna John A. Sheedy, IV Elizabeth 'Liz' Elizalde-Frausto Susan Corp, City Secretary , and all of said persons were present, except the following members: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION No. R: 2015 - 059 DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DEL RIO, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015A was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed, and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: NOES: 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 28th day of July, 2015. _______________________________ Susan Corp City Secretary (CITY SEAL) _________________________________ Robert Garza Mayor RESOLUTION NO. R: 2015 – 059 DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DEL RIO, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015A THE STATE OF TEXAS COUNTY OF VAL VERDE CITY OF DEL RIO § § § WHEREAS, the City Council deems it advisable to give notice of intention to issue Certificates of Obligation, in the amount not to exceed $17,000,000, for paying all or a portion of the City's contractual obligations for the purpose of (a) constructing, improving and repairing City streets and sidewalks, together with drainage, utility line replacement, traffic and street signalization and lighting improvements; (b) constructing, installing and acquiring additions, extensions and improvements to the City's Waterworks and Sewer System, including acquisition of heavy equipment; (c) constructing, modifying, renovating and equipping facilities for various City departments for the purpose of installing energy savings equipment, including the installation of energy efficient HVAC systems; (d) acquiring financial application hardware and software for City departments, including the City’s Fleet Services department; (e) constructing and acquiring stormwater drainage and flood control improvements; (f) acquiring, constructing and improving municipal parks; and (g) paying fiscal and engineering fees in connection with such projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO, TEXAS: 1. That attached hereto is a form of the Notice of Intention to issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. That the City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper of general circulation in said City, and published in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the time set for the issuance of such certificates of obligation as shown in said notice. 3. That this Resolution shall become effective immediately upon adoption. PASSED AND APPROVED ON THIS 28th day of July, 2015. SUSAN CORP City Secretary ROBERT GARZA Mayor REVIEWED AS TO FORM: REVIEWED FOR ADMINISTRATION: SUZANNE WEST City Attorney HENRY ARREDONDO City Manager NOTICE OF INTENTION TO ISSUE CITY OF DEL RIO, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015A The City of Del Rio does hereby give notice of intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2015A, in one or more series, in the maximum principal amount not to exceed $17,000,000, for paying all or a portion of the City's contractual obligations incurred for the purpose of (a) constructing, improving and repairing City streets and sidewalks, together with drainage, utility line replacement, traffic and street signalization and lighting improvements; (b) constructing, installing and acquiring additions, extensions and improvements to the City's Waterworks and Sewer System, including acquisition of heavy equipment; (c) constructing, modifying, renovating and equipping facilities for various City departments for the purpose of installing energy savings equipment, including the installation of energy efficient HVAC systems; (d) acquiring financial application hardware and software for City departments, including the City’s Fleet Services department; (e) constructing and acquiring stormwater drainage and flood control improvements; (f) acquiring, constructing and improving municipal parks; and (g) paying fiscal and engineering fees in connection with such projects. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from a limited pledge of surplus revenues of the City's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with any of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the City's Waterworks and Sewer System. The City Council intends to consider for passage an Ordinance authorizing the issuance of City of Del Rio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2015A, at a Regular Meeting to be held at 6:30 P.M. on September 8, 2015, at the City Hall, 109 West Broadway Street, Del Rio, Texas. Robert Garza, Mayor $ 1,800,000 $ 50,000 $ $ 200,000 500,000 $ 200,000 $ $ $ 300,000 Rock Saw-Heavy Equipment $ - 300,000 $ 100,000 $ $ $ $ $ - Waste Water- Heavy Equipment J Flood Control Drainage 350,000 $ $ $ $ $ $ 20,110,000 $ $ 18,140,000 500,000 $ $ 150,000 17,960,000 500,000 $ $ $ 150,000 10,260,000 500,000 $ $ $ $ $ $ $ $ $ $ $ $ .CIP FY 14-15C-Yr14-15 b 4,000,000 10,760,000 14,760,000 1,000,000 $ $ 7,960,000 12,150,000 Property Tax Supported Gas Fund Supported through rates Refuse Fund Supported through rates $ $ Tax Supported Total Self- Supported Total $ $ N Grand Total Streets- Heavy Equipment $ $ 8,490,000 9,650,000 $ 5,000,000 12,960,000 $ $ 300,000 9,960,000 $ $ Wastewater Fund Supported through rates Water Fund Supported through rates $ $ $ $ 400,000 500,000 2,000,000 2,500,000 600,000 4,000,000 210,000 Parks-Vehicles $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ M 250,000 5,000,000 2,500,000 600,000 4,000,000 210,000 100,000 400,000 11. Rolling Stock Relocation of Toll Plaza & Admin. Bldg./Software Package 10. INTERNATIONAL BRIDGE $ $ 150,000 2,500,000 600,000 4,000,000 210,000 30,000 500,000 100,000 5,000,000 L $ $ $ $ $ $ $ $ $ K 150,000 2,500,000 600,000 4,000,000 210,000 100,000 3,000,000 City Parks Upgrades $ $ $ $ $ $ $ $ City Facilities Repairs/Upgrades/Purchase 1,000,000 200,000 600,000 7,000,000 210,000 100,000 100,000 500,000 $ $ $ $ $ $ $ $ $ City Hall Improvements 9. PARKS/RECREATION & FACILITIES: I I Street & Drainage&Infrastructure Repair/Replacement-Contracted H G F E Street & Drainage&Infrastructure Repair/Replacement-In House Projects Fire Trucks 8. PUBLIC WORKS: Police Vehicles & Equip./Communication Equipment 7. PUBLIC SAFETY: GIS Hardware/Software Financial Applications Software/Hardware 6. FINANCIAL/TECHNOLOGY: AirCargo Facility 5. AIRPORT: Gas Vehicles/Heavy Equipment 4. GAS Waste Water Collection * Trunk Line $ $ 2,000,000 Waste Water Treatment Plant $ $ $ $ Wastewater Liftstation Wastewater Collection Lines-In House Projects $ $ $ - $ 3,500,000 Wastewater Collection Lines-Contracted 3. WASTEWATER SYSTEM: $ 3,000,000 $ $ D $ 500,000 $ 1,500,000 $ $ Secondary Water Source $ 500,000 3,500,000 200,000 1,000,000 2018-2019 Tierra Del Lago Storage Tanks Water- Generators 1,000,000 C Water Vehicles/ Heavy Equipment $ $ $ 300,000 Water Distribution Lines-In House Projects $ B Water Distribution Lines-Contracted Water Treatment Plant-Upgrades $ $ 2017-2018 $ 1,000,000 2016-2017 $ $ 2015-2016 Landfill Equipment A 2014-2015 2. WATER SYSTEM: Closing Landfill Cells Construction of Cell #6 1. LANDFILL: City of Del Rio Capital Improvement Plan FY 2014-2015 to FY 2018-2019 PROPOSED CIP FOR FY 14-15 31,100,000 27,210,000 53,010,000 1,000,000 400,000 - - - 2,250,000 1,600,000 7,000,000 - 10,200,000 3,000,000 23,000,000 - 1,050,000 - 30,000 600,000 - - - 500,000 - 8,000,000 850,000 2,400,000 - 300,000 - - - 300,000 - 1,500,000 3,000,000 1,000,000 1,300,000 7,000,000 2,450,000 - - 1,000,000 1,500,000 Totals 7/21/2015 7/21/2015 City Council Regular Meeting Date: 07/28/2015 11. a. Information Subject Renewal of the 911 Interlocal Agreement between City of Del Rio and Middle Rio Grande Development Council - Forrest Anderson, Middle Rio Grande 911 Director Attachments Del Rio Interlocal 2015-2017 Del Rio PD Inventory Monitoring Checklist INTERLOCAL AGREEMENT FOR E9-1-1 PUBLIC SAFETY ANSWERING POINT SERVICES Article 1: Parties & Purpose 1.1 The MIDDLE RIO GRANDE DEVELOPMENT COUNCIL (RPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. The RPC has developed a Strategic Plan to establish and operate 9-1-1 service (Strategic Plan) in State Planning Region 24 (Region), and the Commission on State Emergency Communications (Commission) has approved its current Strategic Plan. 1.2 CITY OF DEL RIO (Local Government) is a local government that operates Public Safety Answering Points (PSAP) that assist in implementing the Strategic Plan as approved by the Commission. 1.3 The Commission, as authorized by Health & Safety Code, Chapter 771, is the oversight and funding authority for regional planning commissions implementing 9-1-1 service. 1.4 The Contract for 9-1-1 Services between the Commission and the RPC requires the RPC to execute interlocal agreements with local governments relating to the planning, development, operation, and provision of 9-1-1 service, the use of wireline and wireless 9-1-1 fees and equalization surcharge appropriated to the Commission and granted to the RPC (9-1-1 Funds) and adherence to Applicable Law. Article 2: Applicable Law 2.1 Applicable law, as defined in the prior section, includes but is not limited to Health and Safety Code Chapter 771; Commission Rules (Title 1, Part 12, Texas Administrative Code) and Program Policy Statements; the biennial state General Appropriations Act; Texas Government Code Chapter 783 (Uniform Grant and Contract Management, including Uniform Grant Management Standards [UGMS] Title 34, Part 1, Chapter 20, Subchapter I), Chapter 441, Subchapter J (Preservation and Management of Local Government Records Act), and Chapter 2260 (Resolution of Certain Contract Claims Against the State); and Texas Local Government Code Chapter 391 (Regional Planning Commissions). 2.2 Any new or amended policy or procedure, other than an adopted rule, shall be enforceable against the Local Government 30 days following the date of its adoption unless the RPC finds and declares that an emergency exists which requires that such policy or procedure be enforceable immediately. The RPC shall provide the Local Government written notice of all new or amended policies, procedures or interpretations of Commission rules within a reasonable time after adoption, and in any event at least 10 days prior to the time such policies or procedures are enforceable against the Local Government. Rev 082913 Article 3: Deliverables 3.1 The Local Government agrees to: 3.1.1 Operate and maintain the CITY OF DEL RIO COMMUNICATIONS CENTER PSAP(s) located at 1051 W 10TH ST., DEL RIO, TX 78840; City of Del Rio Communications Center. 3.1.2 Provide 9-1-1 public safety answering service 24 hours per day, seven days per week; and 3.1.3 Cooperate with the RPC in providing and maintaining suitable PSAP space meeting all technical requirements. 3.2 Ownership, Transference & Disposition of Equipment 3.2.1. The RPC and the Local Government shall comply with Applicable Law, in regards to the ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 Funds in connection with the provision of 9-1-1 service (9-1-1 equipment). 3.2.2 The RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC may maintain ownership, or it may agree to transfer ownership to the Local Government according to established policy. 3.2.3 The Local Government shall ensure that sufficient controls and security exist by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. 3.2.4 Ownership and transfer-of-ownership documents shall be prepared by the RPC and signed by both parties upon establishing ownership or transference of ownership of any such 9-1-1 equipment in accordance with UGMS and the State Comptroller of Public Accounts. Sample forms are provided as Attachments A and B to this Agreement. 3.2.5 Replacement insurance on 9-1-1 equipment shall be purchased and maintained by MIDDLE RIO GRANDE DEVELOPMENT COUNCIL and proof of insurance shall be provided upon request. 3.2.6 The RPC and/or the Commission shall be reimbursed by the Local Government for any damage to 9-1-1 equipment other than ordinary wear and tear. Rev. 082913 2 3.3 Inventory 3.3.1 The RPC shall maintain a current inventory of all 9-1-1 equipment consistent with Applicable Law; 3.3.2 All 9-1-1 equipment shall be tagged with identification labels. 3.3.3 Any lost or stolen 9-1-1 equipment shall be reported to the RPC as soon as possible. 3.4 Security 3.4.1 The Local Government shall limit access to all 9-1-1 equipment and related data only to authorized personnel. 3.5 Training 3.5.1 The Local Government shall notify the RPC of any new 9-1-1 call takers and schedule for applicable training as soon as possible. 3.6 Operations The Local Government shall: 3.6.1 Designate a PSAP supervisor and provide related contact information to the RPC; 3.6.2 Monitor and test the 9-1-1 equipment and report any failures or maintenance issues immediately to the appropriate maintenance vendor and/or the RPC; 3.6.3 Coordinate with the RPC and local elected officials in the planning for and implementation and operation of all 9-1-1 equipment; 3.6.4 Allow 24-hour access to the 9-1-1 equipment for repair and maintenance service, as required; 3.6.5 Assist the RPC in conducting inspections of all 9-1-1 equipment at the PSAP as identified by the RPC for quality assurance; 3.6.6 Test all Telecommunications Devices for the Deaf (TDD) for proper operation; 3.6.7 Log all TDD 9-1-1 calls and equipment testing as required by the Americans with Disabilities Act of 1990; Rev. 082913 3 3.6.8 Log all trouble reports and make copies available to the RPC as required by the RPC; 3.6.9 Make no changes to 9-1-1 equipment, software or programs without prior written consent from the RPC. Article 4: Performance Monitoring 4.1 The RPC and the Commission reserve the right to perform on-site monitoring of the PSAP(s) for compliance with Applicable Law and performance of the deliverables specified in this Agreement. The Local Government agrees to fully cooperate with all monitoring requests from the RPC and/or the Commission for such purposes. Article 5: Procurement 5.1 The RPC and the Local Government agree to use competitive procurement practices and procedures required by Applicable Law and RPC procurement policies in connection with any procurement to be funded with 9-1-1 Funds. 5.2 The RPC shall purchase or reimburse Local Government for supplies necessary for performance of the deliverables per this Agreement. Article 6: Financial 6.1 As authorized by Applicable Law, the provisioning of 9-1-1 service throughout the Region is funded by Commission grants of appropriated 9-1-1 Funds. 6.2 The RPC will provide 9-1-1 Funds to the Local Government on a cost reimbursement basis using a monitoring process that provides assurance that the reimbursement requests from the Local Government are complete, accurate, and appropriate. 6.3 The RPC may withhold, decrease, or seek reimbursement of 9-1-1 Funds in the event that those 9-1-1 Funds were used in noncompliance with Applicable Law. 6.4 The Local Government shall reimburse the RPC and/or the Commission, as applicable, any 9-1-1 Funds used in noncompliance with Applicable Law. 6.5 Such reimbursement of 9-1-1 Funds to the RPC and/or the Commission, as applicable, shall be made by the Local Government within 60 days after demand by the RPC, unless an alternative repayment plan is approved by the RPC and then submitted to the Commission for approval. 6.6 The Local Government commits to providing 9-1-1 services as a condition to receiving 9-1-1 Funds as prescribed by the RPC’s Strategic Plan and any amendments thereto. Rev. 082913 4 Article 7: Records 7.1 The Local Government will maintain adequate fiscal records and supporting documentation of all 9-1-1 Funds reimbursed to the Local Government for 9-1-1 service consistent with Applicable Law and generally accepted accounting principles and as approved in the RPC’s current approved Strategic Plan; 7.2 The RPC or its duly authorized representative shall have access to and the right to examine and audit all books, accounts, records, files, and/or other papers or property pertaining to the 9-1-1 service belonging to or in use by the Local Government, the PSAP, or by any other entity that has performed or will perform services related to this Agreement. 7.3 The Commission and State Auditor’s Office shall have the same access and examination rights as the RPC. Article 8: Assignment 8.1 The Local Government may not assign its rights or subcontract its duties under this Agreement. An attempted assignment or subcontract in violation of this paragraph is void. Article 9: Nondiscrimination and Equal Opportunity 9.1 The RPC and the Local Government shall not exclude anyone from participating under this Agreement, deny anyone benefits under this Agreement, or otherwise unlawfully discriminate against anyone in carrying out this Agreement because of race, color, religion, sex, age, disability, handicap, or national origin. Article 10: Dispute Resolution 10.1 Disputes include, but are not limited to, disagreement between the parties about the meaning or application of the Strategic Plan, the Applicable Law or policy, or this Agreement. 10.2 The parties desire to resolve disputes without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between them. To this end, the parties agree not to sue one another, except to enforce compliance with this Article 10, until they have exhausted the procedures set out in this Article 10. 10.3 At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising between the parties. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. Rev. 082913 5 10.4 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to submit the dispute to a mutually designated legal mediator. Each party shall pay one-half the total fee and expenses for conducting the mediation. 10.5 The parties agree to continue performing their duties under this Agreement, which are unaffected by the dispute, during the negotiation and mediation process. 10.6 If mediation does not resolve the parties’ dispute, the parties may pursue their legal and equitable remedies. Article 11: Suspension for Unavailability of Funds 11.1 In the event that (i) the RPC’s approved budget and/or appropriations to the Commission from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Local Government provided for in this Agreement, and (ii) such lack of permission or non-appropriation shall not have resulted from any act or failure to act on the part of the RPC, and (iii) the RPC has exhausted all funds legally available for reimbursement to Local Government, and no other legal procedure shall exist whereby payment hereunder can be made to Local Government; and (iv) RPC has negotiated in good faith with Local Government to develop an alternative payment schedule or new agreement that will accommodate RPC’s approved budget and/or appropriations for the applicable period, then RPC will not be obligated to reimburse the Local Government for the applicable budget year(s). Article 12: Notice to Parties 12.1 Notice under this Agreement must be in writing and received by the party against whom it is to operate. Notice is received by a party (1) when it is delivered to the party personally; or (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party’s address specified in this Article and signed on behalf of the party. 12.2 The RPC’s address is: MIDDLE RIO GRANDE DEVELOPMENT COUNCIL PO Box 1199 Carrizo Springs, TX 78834 ATTN: 9-1-1 Director The Local Government’s address is: CITY OF DEL RIO 109 W Broadway Del Rio, TX 78840 ATTN: City of Del Rio Mayor Rev. 082913 6 12.3 A party may change its address by providing notice of the change in accordance with paragraph 12.1. Article 13: Effective Date and Term 13.1 This Agreement is effective as of September 1, 2015 and shall terminate on August 31, 2017. 13.2 In the event of default in the performance of this Agreement, the non-defaulting party may terminate this Agreement after providing written notice of the default to the defaulting party, and the failure of the defaulting party to cure said default within 30 calendar days of said notice. 13.3 If this Agreement is terminated for any reason, the RPC shall not be liable to the Local Government for any damages, claims, losses, or any other amounts arising from or related to any such termination. Article 14: Force Majeure 14.1 The RPC may grant relief from performance of the Agreement if the Local Government is prevented from performance by act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the Local Government. The burden of proof for the need of such relief shall rest upon the Local Government. To obtain release based on force majeure, the Local Government shall file a written request with the RPC. Article 15: Confidentiality 15.1 The parties will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. This Agreement and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. The parties agree to maintain the confidentiality of information received during the performance of this Agreement. 15.2 The Local Government or its duly authorized representative will notify the RPC upon receipt of any requests for information. Article 16: Indemnification 16.1 To the extent authorized by law, each party agrees to indemnify the other and agrees to defend its governing body members, officers and employees, against any claim, suit or administrative proceeding, and to indemnify them against any liability including all costs, expenses, and reasonable attorney’s fees incurred arising out of an act or omission of the governing body, any officer, employee or agent in carrying out this Agreement. Rev. 082913 7 Article 17. Historically Underutilized Business Requirements 17.1 The Local Government shall comply with requirements of Chapter 2161 of the Government Code regarding Historically Underutilized Businesses. Article 18: Miscellaneous 18.1 For purposes of this Agreement, terms not specifically defined herein are defined in the Applicable Laws. 18.2 Each individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so, and that the party is legally authorized to perform the obligations undertaken. 18.3 This Agreement constitutes the entire agreement between the parties and supersedes any and all oral or written agreements between the parties relating to matters herein. An amendment to this Agreement is not effective unless in writing and signed by both parties. 18.4 All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect the term of this Agreement, which shall continue in full force and effect. 18.5 The following Attachments are part of this Agreement: Attachment A Attachment B Attachment C Attachment D Attachment E Ownership Agreement Transfer of Ownership Form Scope of Work PSAP Operations Performance Measures and Monitoring Commission Documents – Legislation, Rules and Program Policy Statements 18.6 This Agreement is binding on, and to the benefit of, the parties’ successors in interest. Rev. 082913 8 18.7 This Agreement is executed in duplicate originals. MIDDLE RIO GRANDE DEVELOPMENT COUNCIL CITY OF DEL RIO By: By: Printed Name: _Mr. Nick Gallegos_ Printed Name: _Robert Garza________ Title: _Executive Director___ Title: _City of Del Rio Mayor____ Date: Date: Rev. 082913 9 Attachment A Ownership Agreement As stipulated in Article 3 of the Agreement, the RPC shall establish ownership of all 9-1-1 equipment located within the Local Government’s jurisdiction. The RPC hereby establishes all 9-1-1 equipment located at CITY OF DEL RIO COMMUNICATIONS CENTER, in VALVERDE County, to be the property of ____________________, hereinafter referred to as “Owner”. Following is an itemized listing of 9-1-1 equipment hereby defined as the property of Owner. Middle Rio Grande Development Council City of Del Rio By: By: Printed Name: Printed Name: Title: Title: Date: Date: Rev. 082913 10 Attachment B Transfer of Ownership Form As stipulated is Article 3 of the Agreement between _____________________ (RPC) and _____________________ (Local Government) dated ___________, 20___, the RPC shall document all transfers of ownership of 9-1-1 equipment between the RPC and the Local Government. Indicate the appropriate classification: Transfer__________ Disposition__________ Lost__________ Please provide the following information in as much detail as possible. Inventory Number Current Assignee: Description Location: Serial Number Signature: Acquisition Date Date: Acquisition Cost New Assignee: Vendor Location: Invoice Number Signature: Purchase Order Number Date: Condition Continued………. Rev. 082913 11 Attachment B Transfer of Ownership Form (continued) Action Recommended by:____________________________________ Title:_____________________________________________________ Date:____________________________ Comments:________________________________________________ Approved: _____Yes _____No Proceeds, if any:____________________ Approved by:_______________________________________________ Title:______________________________________________________ Comptroller Date:____________________________ Disposed or Lost Property shall require approval by the agency head. Reviewed by:_______________________________________________ Executive Director (or other appropriate title of agency head) Date:____________________________ Rev. 082913 12 Attachment C Scope of Work All agencies operating a 9-1-1 Public Safety Answering Point (PSAP) within the Middle Rio Grande Development Council (MRGDC) region shall: 1. Answer all 9-1-1 calls within 30 seconds, 2. Designate a PSAP supervisor and provide related contact information as a single point of contact for MRGDCs 9-1-1 Regional Planning Office, 3. Monitor the 9-1-1 Telecommunicator and equipment and report any failures or maintenance issues immediately to MRGDCs 9-1-1 Coordinator, 4. Keep a log of all trouble reports and forward copies of said log to MRGDC as requested, 5. Notify MRGDC/ WSC of any and all major service-affecting issues in a timely manner, 6. Notify MRGDC of new 9-1-1 Telecommunicators that need to be scheduled for training in basic courses such as TDD/TTY, Crisis Communications, and when requested, the 40-hour TCOLE basic course. Other advanced courses are provided upon availability of funding, 7. Limit access to all 9-1-1 equipment and related data only to authorized public safety personnel. Notify MRGDC of any and all requests for such data, prior to release of any 9-1-1 data, 8. Ensure no equipment other than 9-1-1 authorized equipment be connected to the 9-1-1 power supply, 9. Perform daily test procedures on all 9-1-1 equipment to ensure its proper function, 10. Ensure no third-party software or hardware be added to any component of the 91-1 equipment without written authorization from MRGDC, 11. Ensure no modifications be made to any component of the 9-1-1 equipment without written authorization from MRGDC, 12. Safeguard and maintain any ALI maintenance equipment purchased with 9-1-1 funds, 13. Adhere to Health & Safety Code, Section 771-061, Confidentiality of Information, in maintaining 9-1-1 and ALI databases and information, 14. Fully cooperate with all monitoring requests from MRGDC and/or CSEC for the purposes of assessing and evaluating Local Government’s performance of the ALI maintenance deliverable specified in this contract, 15. Notify MRGDC immediately of any disposition of equipment due to obsolescence, failure, or other planned replacement or transfer of equipment by submitting Attachment B, Transfer of Ownership Form, 16. Provide a safe and healthy environment for all 9-1-1 call-takers, which enhances proper use and maintenance of the 9-1-1 equipment. Accepted by: ____________________________________________ Date: ____________________________________________ Rev. 082913 13 Attachment D PSAP Operations Performance Measures and Monitoring Reports The RPC may request that the Local Government provide it with specialized reports which will not duplicate information readily available from vendors. Such reports shall include, but are not limited to: 1. ANI/ ALI problem report 2. 9-1-1 trouble/ alarm reports 3. Call volume statistics Logs The Local Government shall provide copies of logs and reports to assist with the RPC’s collection of efficiency data on the operation of PSAPs including, but not limited to: 1. 2. 3. 4. Trouble report logs at least once per _MONTH_____________; List of service affecting issues once per _MONTH____________; Certification of TTY/TDD testing once per _QUARTER__________; and TTY/TDD call logs. Quality Assurance Inspections RPC personnel will conduct site visits at least _4___ per year to evaluate the condition of equipment, efficiency of PSAP operations, and compliance with the Agreement. In addition, quality assurance inspections will be conducted as follows: Middle Rio Grande Development Councils’ 9-1-1 Regional Planning Office staff will conduct monitoring visits and quality assurance/ quality control inspections utilizing the standard form provided by the Commission on State Emergency Communications (CSEC), as per Program Policy Statement 031. A sample of the Monitoring checklist used by the MRGDC 9-1-1 Regional Office staff is attached to this document. This documentation is completed in order to insure compliance with this Agreement, the CSEC/RPC contract, Regional Strategic Plan and individual local requirements. Rev. 082913 14 Attachment E Commission Documents The following documents govern the funding and provisioning of 9-1-1 services by the RPC: 1. Commission Legislation: http://www.csec.texas.gov and http://www.csec.texas.gov/statutes 2. Commission Rules: http://www.csec.texas.gov 3. Commission Program Policy Statements: http://www.csec.texas.gov/program-policy-statements/9-1-1-program Rev. 082913 15 Site Name Manufacturer Brief Description Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD Del Rio PD NEC NEC NEC NEC NEC NEC NEWMAR NEWMAR Positron Intrado Cisco Cisco Comtrol Positron Positron Positron HP Intrado Intrado Intrado Eaton Powerware HP HP HP NEC NEC NEC NEWMAR Positron Positron Positron Positron Positron Sierra Wireless Positron Positron HP HP 17in LCD Monitor 17in LCD Monitor 17in LCD Monitor 17in LCD Monitor 17in LCD Monitor 17in LCD Monitor 48v Rectifier Module 48v Rectifier Shelf AIM Card AIM/CIM Gateway Shelf Network Switch (24 Port) Network Switch (24 Port) Rocket Port Express Card Satellite Box - POS1 Satellite Box - POS2 Satellite Box - POS3 Server - AUX Sonic Box - POS1 Sonic Box - POS2 Sonic Box - POS3 UPS - Transfer Switch (9120) Workstation PC - POS1 Workstation PC - POS2 Workstation PC - POS3 17in LCD Monitor 17in LCD Monitor 17in LCD Monitor 48v Rectifier Shelf AIM Card AIM Card AIM Card AIM Card AIM/CIM Gateway Shelf ALI - Wireless Modem CIM Card CIM Card ePrinter ePrinter Manufacturer PN 445-4253-0A 5002505 220P000081-401 220P000081-401 220P000081-401 C9F04UC#ABA 220P000080-401 220P000080-401 220P000080-401 C9F04UC#ABA C9F04UC#ABA C9F04UC#ABA 445-4253-0 A 1101207 912801 912801 C9F04UC#ABA C9F04UC#ABA Model # Serial # Installed Status Location LCD175M-BK LCD175M-BK LCD175M-BK LCD175M-BK LCD175M-BK LCD175M-BK UR48-3 35543953NA 35543952NA 35543951NA 35543950NA 35543949NA 35543948NA 1231M176 1345178 S13480144 S13371036 FOC1723Z32Z FOC1723Z334 0126-013587 S13370501 S13370509 S13370465 2UA336125H S13410392 S13410411 S13410413 8/20/2013 8/20/2013 8/20/2013 8/20/2013 8/20/2013 8/20/2013 6/10/2014 6/10/2014 6/10/2014 6/10/2014 8/20/2013 8/20/2013 6/10/2014 6/10/2014 6/10/2014 6/10/2014 6/10/2014 6/10/2014 6/10/2014 6/10/2014 3/4/2008 6/10/2014 6/10/2014 6/10/2014 In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use In Use Spare Spare Spare Spare Spare Spare Spare Spare Spare Spare Spare Spare Spare Spare On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site On Site Catalyst 2960-S Catalyst 2960-S 30126-4 RP5800 RP5800 RP5800 RP5800 LCD175M LCD 175M LCD175MBK URS GX400 RP5800 RP5800 2UA336122S 2UA336124V 2UA336124D 17144927NA 16134888NA 16134887NA 943065 V0917308 S13030008 S13480175 S13030007 V09480020 CA11793061410 I77818 I77828 2UA336125B 2UA336123J 5/13/2014 5/27/2014 2/5/2014 1/18/2007 Removed Best Practices Model Monitoring Checklist for PSAP's (RPC Name): County Name: Date: PSAP Name: Telephone Number: PSAP Contact Person: RPC 9-1-1 Coordinator: Previous Findings: 1. CPE - Front Room CPE: Leased or Owned CPE Vendor: CPE Maintenance Vendor: CPE Description/Model: Category Check Box if in Compliance Findings Lighting Cleanliness Ventilation Inventory tags Secure from general public; accessible to PSAP staff Redundant 9-1-1 call taking equipment functioning (PPS 031) ANI/ALI display (PPS 031) Map display, if applicable No unauthorized third-party software/integration (PPS 031) Language Line speed dial/direct dial transfer/accessibility (PPS 031) Language Line account number & PSAP access code visible Poison Control direct dial transfer (PPS 031) Poison Control 10-digit number displayed Published PSAP 10-digit emergency telephone number (PPS 031) RPC Contact information Page 1 of 3 7/13/2015 CSEC Contact: Mark McCollum, Regional Programs Manager 512-305-6949 Comments Category Check Box if in Compliance Findings Comments Wireless Phase I & II E9-1-1 level of service (PPS 031) Equipment repair/trouble contact information Make busy overflow To: ____________________ Contingency Plan (PPS 031) To: Name of PSAP/County To: ____________________ Network Testing (PPS 031) Maintenance trouble/trouble report logs Direct dial transfers & labels, if applicable 9-1-1 ANI/ALI Discrepancy Reports TTY test call log (PPS 031) Required TTY training offered (PPS 031) Stand alone TTY accessible (PPS 031) Printer functioning - adequate paper & ribbon, if applicable 2. CPE Backroom Category Check Box if in Compliance Findings Redundant network connections functioning (PPS 031) Cleanliness Ventilation Lighting Secure from general public; accessible to PSAP staff Back-up Power/UPS (PPS 031) Generator testing Page 2 of 3 7/13/2015 CSEC Contact: Mark McCollum, Regional Programs Manager 512-305-6949 Comments Category Check Box if in Compliance Findings Comments Check Box if in Compliance Findings Comments 3. Recorders Brand/Model: Category Accessible Verify & list number of channels Verify & list number of channels dedicated to 9-1-1 lines Functioning - each 9-1-1 line being recorded (PPS 031) Adequate supply of storage media Page 3 of 3 7/13/2015 CSEC Contact: Mark McCollum, Regional Programs Manager 512-305-6949 City Council Regular Meeting Date: 07/28/2015 11. b. Information Subject Water Treatment Plant and Distribution System - Update and Discussion on Corrective Measures - Henry Arredondo, City Manager Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 11. c. Information Subject Proposed Economic Development Corporation and/or Model for the City of Del Rio - Oriana Fernandez, Economic Development Director Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 11. d. Information Subject Request Permission to Send Water Purchase Agreement to Outside Counsel for Review - Suzanne West, City Attorney Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 Submitted For: Manuel Chavez, Finance 11. e. Submitted By: Manuel Chavez, Finance Information Subject Distribution of the Proposed Budget for Fiscal Year 2015-2016 and Approve Dates for Budget Workshops - Manuel B. Chavez, Finance Director Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 11. f. Information Subject Ports-to-Plains Alliance Request Letter of Support for a Proposed Feasibility Study of the Extension of Interstate 27 - Robert Garza, Mayor Attachments PTP letter of support request City Council Regular 11. g. Meeting Date: 07/28/2015 Submitted By: Guadalupe Gomez, Administrative Assistant, Police Information SUBJECT: Presentation on February 2015 Shooting Incident, including Civil Service Rules and Regulations and the Police Department approach to the 180 day statute of limitations for disciplinary action as requested by Councilman John Sheedy - Waylon Bullard, Chief of Police SUMMARY: The Critical Incident/Officer Involved Shooting occurred on February 17, 2015, the 180th day statue of limitations ends August 15,2015. Government Code 143.052 Disciplinary Suspensions (h) In the original written statement and charges and any hearing conducted under this chapter, the department head may not complain of an act that occurred earlier than the 180th day preceding the date the department head suspends the fire fighter or police officer. BACKGROUND: The Critical Incident/Officer Involved Shooting occurred on February 17, 2015 and unfortunately a Del Rio citizen died as a result of the shooting. The City Council advised the City Attorney to hire Public Sector Solutions to investigate/review the possible violation of policies and procedures as they relate to the Critical Incident. Public Sector Solutions has completed most of their review. One allegation remains unclassified (unfounded, exonerated, sustained, not sustained). Public Sector Solutions stated in their review ("When the remainder of the relevant evidence is available from Ranger Dixon, this allegation can receive a classification"). DISCUSSION: The Val Verde County District Attorney Fred Hernandez has convened a Grand Jury which has met one time, it is unknown when he will reconvene the Grand Jury in order to complete the process. Loudermill Hearing letters have been given to all officers involved in the Critical Incident. The hearings are scheduled for the week of July 27 - 31, 2015. Officers have the right to legal council at their expense and to talk on their behalf. After the hearings a decision can be made reference any disciplinary action that will be taken by the department head (Chief of Police). PROS: District Attorney Fred Hernandez convened a Grand Jury and met for one day, to my knowledge has not been reconvened since that date. CONS: The Grand Jury met for one day and to my knowledge has not been reconvened since that date. The Grand Jury met for one day and to my knowledge has not been reconvened since that date. One allegation can not be classified until all relevant evidence is available after the Grand Jury concludes it review. RECOMMENDATION: No recommendation required Fiscal Impact FISCAL IMPACT: no fiscal impact at this time. Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 11. h. Information Subject Update on the City of Del Rio Code Compliance Division as requested by Councilman John Sheedy - Bob Parker, City Engineer Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 11. i. Information Subject Personnel Matters: Performance of the City Manager - Mike Wrob, Councilperson Attachments No file(s) attached. City Council Regular Meeting Date: 07/28/2015 Submitted By: Mary Canales, Human Resources Director 12. a. Information Subject Personnel Matters: Performance of the City Manager - Mike Wrob, Councilperson Attachments No file(s) attached.