CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING ...

CITY OF DEL RIO, TEXASREGULAR CITY COUNCIL MEETINGCOUNCIL CHAMBERS - CITY HALL

109 WEST BROADWAYTUESDAY, OCTOBER 12, 2021 - 6:30 P.M.

AGENDA

ITEM NO. DESCRIPTION

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE &PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."

4. MAYOR/CITY COUNCIL

a. Breast Cancer Awareness Month Proclamation

b. Domestic Violence Awareness Month

c. Del Rio Hispanic Chamber Of Commerce 15th Anniversary Proclamation

d. Discussion and Possible Action Regarding the City Manager Application Review CommitteeAppointments and the Next Steps

e. Request Travel Authorization to Austin, Texas for a joint hearing of the Texas House Committee onDefense and Veteran’s Affairs and the Homeland Security & Public Safety Committee September29, 2021 - Bruno J. Lozano, Mayor

f. Request Authorization to Travel to Houston, Texas October 5, 2021 to Attend the 109th TMLConference for Mayor Bruno Lozano, Councilmember J.P. Sanchez, and Councilmember Raul Ojeda

5. CITIZEN COMMENTS ON AGENDACitizen comments will be heard as posted on the agenda. Citizen comments regarding items notposted on the agenda shall be heard at the end of the agenda items prior to entering executive session.Please limit remarks to three minutes. Topics of operational concerns shall be directed to the CityManager. Comments should not personally attack other speakers.

THE FOLLOWING ITEMS ARE FOR DISCUSSION, CONSIDERATION, AND ACTION:

6. HUMAN RESOURCES

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a. Employee of the Month Recognition

b. Recognition of City Employees for September's Year of Service

c. O:2021-107 An Ordinance of the City of Del Rio, Texas Amending Policy 180, entitled 'PaidLeave/Holidays' of the City of Del Rio Employee Personnel Policy Handbook by Adding"JUNETEENTH” as a Holiday to the City of Del Rio Paid Leave/Holiday Leave Schedule

7. FINANCE

a. Discussion and Possible Action to Appoint Two (2) Council Members to the New City Hall DesignCommittee

b. Discussion on the results of Request for Proposals for Golf Management Services.

c. O:2021-109 An Ordinance Amending Ordinance No. 2021-102, Dated September 28, 2021, inAccordance with the Del Rio City Charter Amending Chapter 29 of the City of Del Rio Code ofOrdinances, Establishing Rates for Water Services and Providing for an Effective Date

d. R:2021- 137 A Resolution of the City of Del Rio, Texas Authorizing and Directing the City Managerto Accept the Second Payment of the Total Funding Allocation of the Coronavirus State and LocalFiscal Recovery Program from the American Rescue Plan for COVID-19 Related Expenses

e. R:2021-138 A Resolution Authorizing and Directing the Interim City Manager to Advertise and GiveNotice of the Request for Bids (RFB) for Equipment Financing for Thirty (30) Golf Carts for the SanFelipe Springs Golf Course

f. R:2021- 140 A Resolution Authorizing and Directing the Interim City Manager to Advertise and GiveNotice of the Request for Bids (RFB) for Equipment Financing for Golf Course Turf MaintenanceEquipment

g. R:2021-139 A Resolution Authorizing and Directing the Interim City Manager to Advertise and GiveNotice of the Request for Bids (RFB) for Equipment Financing for One (1) 2022 Freightliner 114SDwith Palfinger M13A80 Loader for Brush Collection Services for the City of Del Rio

8. ASSISTANT CITY MANAGER

a. R:2021-141 A Resolution by the City Council of the City of Del Rio, Texas Authorizing the InterimCity Manager to Execute a Lease Agreement for the Purpose of Temporary Shelter for LawEnforcement Personnel with U.S. Customs and Border Protection; and Authorizing any AdditionalActions Reasonably Necessary therewith; Providing a Severability Clause and Establishing anEffective Date

9. CITY AUDITOR

a. Receive and Discuss Operations & Compliance Auditor Job Description

10. CONSENT AGENDA

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10. CONSENT AGENDAThis is a procedure to help facilitate the meeting with a CONSENT AGENDA. One motion willapprove 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 onthe consent agenda, any Councilmember may have a consent item withdrawn from this portion of theagenda so that it may be discussed prior to action.

a. Approval of Meeting Minutes August 17, 2021 - Special Meeting MinutesSeptember 28, 2021 - Regular Meeting Minutes

b. O:2021-108 An Ordinance Authorizing and Directing the Interim City Manager to Award a Contractfor the Annual Bid for Water Treatment Chemicals to NAPCO Chemicals Co. and DPC Industries

11. CITIZEN COMMENTS

12. EXECUTIVE SESSION

a. The City Council will Deliberate in Closed Session Pursuant to Government Code Section 551.074,Personnel Matters, to Discuss and Deliberate the Employment, Appointment, and Duties of the CityManager Position

RECONVENE SESSION:The City Council will Reconvene into Regular Session upon Conclusion of the Executive Session andMay Recall any Item Posted for Executive Session for Action, as Necessary

13. ADJOURNMENT

* NOTE: The Council reserves the right to consider business out of the posted order and the right to adjourn intoExecutive Session to discuss items which are not listed as Executive Session items but which qualify to be

discussed in closed session under Chapter 551 of the Texas Government Code.

CERTIFICATION

I, Maria C. Acosta, City Secretary, hereby certify that the above agenda was posted on the bulletin board in theMunicipal Building and on the bulletin board immediately outside the Municipal Building on or before 6:30 p.m. onthe 8th day of October 2021.

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City Council Regular 4. a. Meeting Date: 10/12/2021

InformationSubjectBreast Cancer Awareness Month Proclamation

AttachmentsNo file(s) attached.

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City Council Regular 4. b. Meeting Date: 10/12/2021

InformationSubjectDomestic Violence Awareness Month


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City Council Regular 4. c. Meeting Date: 10/12/2021

InformationSubjectDel Rio Hispanic Chamber Of Commerce 15th Anniversary Proclamation


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City Council Regular 4. d. Meeting Date: 10/12/2021

InformationSubjectDiscussion and Possible Action Regarding the City Manager Application Review Committee Appointments andthe Next Steps


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City Council Regular 4. e. Meeting Date: 10/12/2021

InformationSubjectRequest Travel Authorization to Austin, Texas for a joint hearing of the Texas House Committee on Defense andVeteran’s Affairs and the Homeland Security & Public Safety Committee September 29, 2021 - Bruno J. Lozano,Mayor

AttachmentsFinancial Impact Travel Authorization Request

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City Council Regular

Meeting Date: 10/12/2021

Subject:

Travel to Austin, Texas on September 29, 2021 for a joint hearing of the Texas House

Committee on Defense and Veteran’s Affairs and the Homeland Security & Public Safety

Committee for Mayor Bruno Lozano.

Fiscal Impact:

FY 2020-2021

General Fund (101)

Account Number: 5-01-01-5385

Account Name: Travel Expense Mayor

Budgeted Amount: $10,000

Travel Expense: $778

Amount Remaining: $9,222

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City Council Regular 4. f. Meeting Date: 10/12/2021

InformationSubjectRequest Authorization to Travel to Houston, Texas October 5, 2021 to Attend the 109th TML Conference forMayor Bruno Lozano, Councilmember J.P. Sanchez, and Councilmember Raul Ojeda

AttachmentsFinancial Impact Travel Authorization Request

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City Council Regular

Meeting Date: 10/12/2021

Subject:

Travel to Houston, Texas on October 5, 2021 to attend the 109th TML Conference for Mayor

Bruno Lozano, Councilmember J.P. Sanchez, and Councilmember Raul Ojeda.

Fiscal Impact:

FY 2020-2021

General Fund (101)


Account Name: Travel Expense


Amount Available: $9,222

Travel Expense: $760

Registration Expense: $415


FY 2020-2021

General Fund (101)




Amount Available: $14,173

Travel & Registration Expense: $2,350 Councilmember Sanchez - $1,175

Councilmember Ojeda - $1,175


FY2021-2022

General Fund (101)




Hotel Reservation Expense: $749


FY 2021-2022

General Fund (101)




Hotel Reservation Expense: $1,498 Councilmember Sanchez - $749

Councilmember Ojeda - $749


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InformationSubjectEmployee of the Month Recognition

AttachmentsLetterCommendation_DoraGarcia

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City Council Regular 6. b. Meeting Date: 10/12/2021

InformationSubjectRecognition of City Employees for September's Year of Service

AttachmentsSept2021Anniversaryreport

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EMP ID EMPLOYEE NAME DEPARTMENT HIRE DATE SERVICE

01-0338 HERNANDEZ, DELIO 656-72 : WASTEWATER FUND 9/12/2000 21

01-0721 MARTINEZ, MARIA D 101-21 : FINANCE 9/04/2003 18

01-0905 SANDOVAL, JUAN JOSE 101-33 : PARKS & RECREATION 9/20/2005 16

01-0907 TORRES, RAUL E 652-21 : INTERNATIONAL BRDIGE 9/27/2005 16

01-1121 GARCIA JR., HECTOR 101-42 : FIRE 9/01/2007 14

01-1183 DE LUNA, EDDIE 101-42 : FIRE 9/13/2010 11

01-1505 GONZALEZ, IVONNE 101-41 : POLICE 9/06/2011 10

01-1512 VASQUEZ, GERARDO 654-61 : REFUSE FUND 9/15/2011 10

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City Council Regular 6. c. Meeting Date: 10/12/2021 Submitted By: Mario Garcia, Human Resources Dir, Human Resources

InformationSUBJECT:O:2021-107 An Ordinance of the City of Del Rio, Texas Amending Policy 180, entitled 'Paid Leave/Holidays' ofthe City of Del Rio Employee Personnel Policy Handbook by Adding "JUNETEENTH” as a Holiday to the Cityof Del Rio Paid Leave/Holiday Leave Schedule

SUMMARY:The City of Del Rio City Council adopted Ordinance O:2021-012 establishing the City Employee PersonnelPolicy Handbook on February 9, 2021, and has been amended several times.

BACKGROUND:June 19 marks the day in 1865 that Major General Gordon Granger of the Union Army landed in Galveston,Texas and informed slaves there that the Civil War had ended and slavery was abolished. The EmancipationProclamation issued by President Abraham Lincoln became effective on January 1, 1863, declaring that allenslaved persons were freed. Slavery had been abolished more than two years earlier, but notification of the endof slavery was last to arrive in Galveston on June 19, 1865. Juneteenth is a blend of the words ‘June’ and‘nineteenth’, to honor that day as the end of slavery in the United States. Juneteenth, has also been known asEmancipation Day, Freedom Day, Jubilee, as well as Liberation Day. The celebration of Juneteenth recognizesthe significant role and the innumerable contributions of African Americans in US history, and commemoratesblack history and culture. Juneteenth has become the most prominent Emancipation Day holiday in the UnitedStates and is known for celebrations that consider the past, and aim to educate, honor and recognize present daycontributions and events. Texas was the first state to give recognition of Juneteenth in 1980. Juneteenth is nowrecognized by 47 states and the District of Columbia.

DISCUSSION:Staff recommends amending the holiday paid leave schedule to include the addition of “Juneteenth”, deems it inthe public interest to add “Juneteenth” to the City of Del Rio paid leave schedule.

PROS:The celebration of Juneteenth recognizes the significant role and the innumerable contributions of AfricanAmericans in US history, and commemorates black history and culture.

CONS:If passed, the City will receive less actual hours worked by the employee.

RECOMMENDATION:Approval of the ordinance.

Fiscal Impact

Summary:The estimated cost for a staff holiday is approximately $77,500, however, this expense is budgeted in Salariesand is included in the FY 2021-2022 Budget.

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AttachmentsO:2021-10042-108 CODR 2022 calendar

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ORDINANCE NO. O: 2021-107

An Ordinance of the City of Del Rio, Texas, Amending Policy 180 “PAID LEAVE,

HOLIDAYS” of the "CITY OF DEL RIO EMPLOYEE PERSONNEL POLICY

HANDBOOK” by Adding “JUNETEENTH” as a Holiday to the City of Del Rio Paid

Leave/Holiday Leave Schedule

WHEREAS, on February 9, 2021, the City Council of the City of Del Rio, Texas, adopted

Ordinance O:2021-012 establishing the "Employee Personnel Policy Handbook”; and

WHEREAS, June 19th marks the day in 1865 that Major General Gordon Granger of the Union Army landed in Galveston, Texas and informed slaves there that the Civil War had ended and slavery was abolished; and

WHEREAS, the Emancipation Proclamation issued by President Abraham Lincoln became

effective on January 1, 1863, declaring that all enslaved persons were freed. Slavery had been abolished more than two years earlier, but notification of the end of slavery was last to arrive in Galveston on June 19, 1865; and

WHEREAS, Juneteenth is a blend of the words ‘June’ and ‘nineteenth’, to honor that day as the end

of slavery in the United States. Juneteenth, has also been known as Emancipation Day, Freedom Day, Jubilee, as well as Liberation Day; and

WHEREAS, the celebration of Juneteenth recognizes the significant role and the innumerab le contributions of African Americans in US history and commemorates black history and culture.

Juneteenth has become the most prominent Emancipation Day holiday in the United States and is known for celebrations that consider the past, and aim to educate, honor and recognize present day contributions and events; and

WHEREAS, Texas was the first state to give recognition of Juneteenth in 1980.

Juneteenth is now recognized by 47 states and the District of Columbia; and WHEREAS, staff recommends amending the holiday paid leave schedule to include the addition

of “Juneteenth”; and

WHEREAS, the City Council of the City of Del Rio, Texas, deems it in the public interest to add “Juneteenth” to the City of Del Rio Holiday paid leave schedule.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

DEL RIO, TEXAS:

Section 1. That the findings and recitations set out in the preamble to this Ordinance are found to be

true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes.

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Section 2. That the City Council of the City of Del Rio, Texas, hereby amends Policy, “Paid Leave/Holiday Leave” of the “Employee Personnel Policy Handbook, as Amended” to read and provide as follows:

Holiday Leave Schedule

A. The City recognizes the following fourteen (14) annual holidays for all regular, full-time employees:

1. New Year’s Day

2. Dr. Martin Luther King’s Birthday

3. Good Friday

4. Memorial Day

5. Juneteenth, (as determined annually)

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans Day

10. Thanksgiving Day

11. … day after Thanksgiving

12. Christmas Day

13. …day after or before Christmas (determined annually)

14. New Year’s Eve Day

Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared invalid by the final judgment or

decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

Section 4. All Ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed.

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.

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Section 7. It is officially found, determined, and declared 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, as required by Chapter 551, Texas Government Code, as amended.

Section 8. This Ordinance shall be in force and effect immediately on its final passage, and it is so ordained.

PASSED AND APPROVED on this 12th day of October 2021

________________________________

BRUNO J. LOZANO

Mayor

ATTEST:

________________________________ MARIA C. ACOSTA

City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM & LEGALITY:

JOHN A. SHEEDY, IV DNRBZ, PC

Interim City Manager Interim City Attorney

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S M T W Th F S S M T W Th F S S M T W Th F S

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5 Pay Date Friday

5 Holiday & pay date Monday

Holiday Monday

Longevity Pay Friday

Employee Appreciation Dinner Monday

City Council Meeting (reg scheduled)

Monday

Monday

November

November

Fri/Mon

Fri/MonNew Year's Eve December 30-2

CITY OF DEL RIO HUMAN RESOURCES

Thanksgiving Thur/Fri 24-25

Christmas December 23-26

Personal Days must be taken Columbus Day October 10

before September 30th. Veteran's Day Thurs 11

Independence Day July Monday 4

Note: Labor Day September 5

Memorial Day May 30

Juneteenth June Monday 20

President's Day February 14

Good Friday April 15

Legend Holidays (as approved by Ordinance)

New Year's Day January 1

Dr. Martin Luther King Jr. Day January 17

July August September

October November December

City of Del Rio

Calendar Year 2022 Pay Dates and Holidays

January February March

April May June

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InformationSubjectDiscussion and Possible Action to Appoint Two (2) Council Members to the New City Hall Design Committee


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City Council Regular 7. b. Meeting Date: 10/12/2021 Submitted By: Luis Menchaca, Purchasing Agent, Finance

InformationSUBJECT:Discussion on the results of Request for Proposals for Golf Management Services.

SUMMARY:Discussion on the results of Request for Proposals for Golf Management Services.

BACKGROUND:The public notice for the request for proposals for golf management services was posted on September 2, 2021, atthe Val Verde County doors. The request for proposals was distributed to various vendors. A non-mandatorypre-response meeting was scheduled for September 15, 2021, at 2:00 PM at the Multi Purpose Facility. Novendors attended the pre-response meeting. Responses were scheduled to be opened on October 1, 2021, at 10:00AM.

DISCUSSION:The City did not receive any proposals, therefore, staff is recommending to proceed with the operations of thegolf course under the newly hired golf superintendent. At a later date, staff can bring back for City Councildiscussion the possibility of doing another request for proposals for golf management services.

PROS:Staff recommends proceeding with the operations of the golf course under the newly hired golf superintendent.

CONS:No Cons associated.

RECOMMENDATION:Staff is recommending to proceed with the operations of the golf course under the newly hired golfsuperintendent. At a later date, staff can bring back for City Council discussion the possibility of doing anotherrequest for proposals for golf management services.

Fiscal Impact

Summary:There is no fiscal impact associated with this agenda item.


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City Council Regular 7. c. Meeting Date: 10/12/2021 Submitted By: Patricia Molina, Asst. Finance Director, Finance

InformationSUBJECT:O:2021-109 An Ordinance Amending Ordinance No. 2021-102, Dated September 28, 2021, in Accordance withthe Del Rio City Charter Amending Chapter 29 of the City of Del Rio Code of Ordinances, Establishing Ratesfor Water Services and Providing for an Effective Date

SUMMARY:An Ordinance Amending Ordinance No. 2021-102, Dated September 28, 2021, in Accordance with the Del RioCity Charter Amending Chapter 29 of the City of Del Rio Code of Ordinances Amending and Establishing Ratesfor Water Services and Providing for an Effective Date

BACKGROUND:The current water rates are based on an ordinance that was passed on October 2016. On June 9, 2020, a contractwas awarded to Willdan Financial Services for the services of conducting a Water/Wastewater/Gas Study. Basedon the recommendation of Willdan Financial Services, Ordinance No. O:2021-064 was approved on May 25,2021 to amend the City of Del Rio Code of Ordinances, establishing rates for water services, effective October 1,2021. However, on September 28, 2021, Ordinance No. O:2021-102 was approved to amend the following:

On Section 1(a), a clerical error was made on the monthly water service charge rates for the 1" and 1 1/2"meters. Based on the rate study, the monthly cost should be $16.72 and $28.06, respectively.On Section 1(d), a section is being added to include the rate for non-profit cemeteries. This was discussedby Council on the September 14, 2021 Regular Council Meeting to encourage the use of watering at alower cost. The cost to implement is estimated at $3,100 annually.Section 1(j) was added under Section 1(i) to extend the senior citizen discount of 5% on residentialsprinkler accounts. Staff is estimating the cost of this offering of approximately $10,000 annually.

DISCUSSION:On the September 28, 2021 Regular Council Meeting, Council also discussed the option of lowering theresidential sprinkler rates. The sprinkler accounts are billed at the base rate based on the meter size in addition tothe consumption for every 1,000 gallons. The recommendation from Willdan Financial Services for theupcoming year is a proposed rate of $5.83 per 1,000 gallons for the sprinkler accounts. The residential water per1,000 gallon rate would be $3.49. Council agreed to lower the sprinkler rate so that it corresponds to the proposedresidential water rate.

PROS:It will provide a savings to the customer.

CONS:The loss of revenue to the City.

RECOMMENDATION:Approval of this ordinance.

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Fiscal Impact

Summary:The cost to reduce the residential sprinkler per 1,000 gallon rate is estimated to be $200,000 to $300,000annually. Below is the line item that will be affected by this reduced rate and will be adjusted in the budgetamendment at mid-year.

Water Fund (651)Account Number: 4-00-30-4337Account Name: Water Service ChargesBudgeted Amount: $10,812,000

AttachmentsO:2021-109 10035 Ordinance Amend Water Rates

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An Ordinance Amending Ordinance No. 2021-102, Dated September 28, 2021, in

Accordance to the Del Rio City Charter Amending Chapter 29 of the City of Del Rio Code

of Ordinances, Establishing Rates for Water Services and Providing for an Effective Date

WHEREAS, the City Council adopted Chapter 29, with the creation of the City’s Charter

in 1962, and has since periodically updated and modified the fees charged; and WHEREAS, an Ordinance O:2020-067 was approved to award a contract to Willdan

Financial Services for the services of conducting a Water/Wastewater/Gas Study; and

WHEREAS, Ordinance O:2021-064 was approved on May 25, 2021 to amend Chapter 29 of the City of Del Rio Code of Ordinances to increase residential water rates; and

WHEREAS, Ordinance O:2021-102 was approved on September 28, 2021 to correct a clerical error on the residential water rate, add cemetery non-profit rates, and extend the

5% discount to the Senior Citizens sprinkler accounts; and

WHEREAS, On September 28, 2021, Council agreed to decrease the residential sprinkler

rate from $5.83 to $3.49, which corresponds to the current residential water per 1,000 gallon rate; and

WHEREAS, City Council finds and determines that the rates specified herein are reasonable and that the same are necessary to maintain the financial stability of the water

system of the City of Del Rio, Texas; and

WHEREAS, City Council finds that the revisions contained herein are necessary for the health, safety and welfare of the City; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF DEL RIO, TEXAS, THAT:

Section 1. The City Council finds the above recitations to be true and correct and

adopts said findings as if set forth in full herein.

Section 2. Section 29-22 of Chapter 22, as it currently exists in the Del Rio Code of

Ordinances, is hereby repealed, and the City Council hereby adopts in the place of the repealed provisions the language as shown below. Additions are indicated by an underline. Deletions are indicated by a strikethrough.

Sec. 29-22 Rates – Water services within the City.

There shall be charged for water services for residences and business houses within the city the following monthly rates:

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(1) Effective first billing cycle in for October 2021 consumption.

a. Minimum monthly water bill: The minimum monthly water bill

shall be based on the customer’s water meter size on the following schedule:

Residential:

Meter Size Serving Customer Monthly Water (inches) Service Charge

5/8” or ¾” $ 11.20

1” 16.72 17.38 1 ½” 28.06 29.18 2” 43.93 3” 89.23

4” 152.69 6” 347.84

8” 587.71 10” 914.00 12” 1,312.52

Non-Residential:

Meter Size Serving Customer Monthly Water

(inches) Service Charge

5/8” or ¾” $ 11.20

1” 16.72 1 ½” 28.06 2” 43.93

3” 89.23 4” 152.69 6” 347.84

8” 587.71 10” 914.00

12” 1,312.52

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b. Residences: All water consumed in excess of the minimum will be billed according to the following rate schedule:

$3.49 for every one thousand (1,000) gallons (inside city limits)

$4.01 for every one thousand (1,000) gallons (outside city limits)

c. Business Houses: All water consumed will be billed at the rate of

five dollars and eighty-three cents ($5.83) for every one thousand (1,000) gallons.

d. Cemeteries:.

For Profit Cemeteries: All water consumed will be billed at the rate of five dollars and eighty-three cents ($5.83) for every one thousand (1,000) gallons. Non-Profit Cemeteries:

• 0-15,000 gallon consumption will be included with the base fee.

• 15,001 and over gallon consumption will be billed at the rate of ($5.83) for every one thousand (1,000) gallons.

e. Governmental Inside: All water consumed will be billed at the

rate of five dollars and eighty-three cents ($5.83) for every one thousand (1,000) gallons.

f. Governmental Outside: All water consumed will be billed at the rate of six dollars and seventy cents ($6.70) for every one thousand

(1,000) gallons.

g. Sprinkler (inside city limits): All water consumed will be billed at the rate of five dollars and eighty-three cents ($5.83) three dollars and forty nine cents ($3.49) for every one thousand (1,000) gallons.

h. Sprinkler (outside city limits): All water consumed will be billed at

the rate of six dollars and seventy cents ($6.70) for every one thousand (1,000) gallons.

i. The charges for water services for residences and businesses outside the corporate limits of the city will be 1.15 times, (15%) the rate of those within the corporate limits.

j. Senior Citizens 65 years of age and over shall receive a 5%

discount on their utility bill for water/gas/sewer residential services to include residential sprinkler accounts.

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- 4 -

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 part of the judgment and finding 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 Council 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, Texas Government Code, as amended.

Section 8. This Ordinance shall become effective immediately with the first billing

cycle for October 2021 consumption.


BRUNO J. LOZANO

Mayor

ATTEST:

MARIA C. ACOSTA

City Secretary

REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM AND LEGALITY:

JOHN A. SHEEDY, IV DNRBZ, PC Interim City Manager Interim City Attorney

35

City Council Regular 7. d. Meeting Date: 10/12/2021 Submitted By: Michael Garcia, Asst. to CM/Grant Writer, Administration

InformationSUBJECT:R:2021- 137 A Resolution of the City of Del Rio, Texas Authorizing and Directing the City Manager to Acceptthe Second Payment of the Total Funding Allocation of the Coronavirus State and Local Fiscal Recovery Programfrom the American Rescue Plan for COVID-19 Related Expenses

SUMMARY:The Coronavirus State and Local Fiscal Recovery Funds will deliver $350 billion for State, Local, Territorial, andTribal Governments to respond to the COVID-19 emergency and bring back jobs. This relief program will allowthe city to receive reimbursement for expenses made to support urgent COVID-19 response efforts to continue todecrease spread of the virus and bring the pandemic under control, replace lost public sector revenue tostrengthen support for vital public services and help retain jobs, support immediate economic stabilization forhouseholds and businesses, and address systemic public health and economic challenges that have contributed tothe unequal impact of the pandemic on certain populations.

Funds provide substantial flexibility for each jurisdiction to meet local needs - including support for households,small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. Thesefunds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer,and broadband infrastructure. The City of Del Rio will receive a total allocation of $8,860,825.53. On September24, 2021, the City of Del Rio received $4,430,412.77 (50% of the total allocated amount), the first payment of theallocation, and will receive the second payment 12 months after receiving the first payment.

BACKGROUND:On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus Sate and LocalFiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion inemergency funding for eligible state, local, territorial, and Tribal governments. Treasury also released details onhow these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these,and support the communities and populations hardest-hit-by the COVID-19 crisis.

State, local, territorial, and Tribal governments have been on the front lines of responding to the immense publichealth and economic needs created by this crisis - from standing up vaccination sites to supporting smallbusinesses - even as these governments confronted revenue shortfalls during the downturn. As a result, thesegovernments have endured unprecedented strains, forcing many to make untenable choices between laying offeducators, firefighters, and other frontline workers or failing to provide other services that communities rely on.Faced with these challenges, state and local governments have cut over 1 million jobs since the beginning of thecrisis. The experience of prior economic downturn has shown that budget pressures like these often result inprolonged fiscal austerity that can slow an economic recovery.

Funding allocations were selected based on population. Out of the allocated $350 billion funds, Non-EntitlementsUnits of local government (NEUs), local governments typically serving a population under 50,000, will receive$19.5 billion which will be delivered by their applicable state government. The State of Texas received theallocation amount of $1,386,117,819. Allocated funds must be used before December 31, 2026. The first annualproject and expenditures report must be submitted to the U.S. Department of Treasury by Oct 31, 2021. Anysubsequent annual reports must be submitted by October 31 of each year until December 2026.

DISCUSSION:

36

Per council's request.

PROS:The City of Del Rio will receive reimbursement on COVID-19 related expenses made to support urgentCOVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control,replace lost public sector revenue to strengthen support for vital public services and help retain jobs, supportimmediate economic stabilization for households and businesses, and address systemic public health andeconomic challenges that have contributed to the unequal impact of the pandemic on certain populations.

CONS:No cons associated.

RECOMMENDATION:Approval of this resolution.

Fiscal Impact

Summary:The recording of these funds will be as follows:

American Rescue Plan (209)Account Number: 4-00-54-5633Account Name: American Rescue Plan GrantAmount Received: $4,430,413

AttachmentsR:2021-137

37

RESOLUTION NO. R: 2021-137

A Resolution of the City of Del Rio, Texas Authorizing and Directing the City Manager to Accept the

Second Payment of the Total Funding Allocation of the Coronavirus State and Local Fiscal Recovery

Program from the American Rescue Plan for COVID-19 Related Expenses

WHEREAS, the American Rescue Plan Act of 2021 was passed by the 117th United Sates Congress and

signed into law on March 11, 2021; and

WHEREAS, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local

Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in

emergency funding for eligible state, local, territorial, and Tribal governments; and

WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds authorized $19.5 billion for non-

entitlements units of local governments to assist with the recovery from the effects of the COVID-19

pandemic; and

WHEREAS, the City of Del Rio was allocated the total amount of $8,860,825.53 and received the first

payment of $4,430,412.77 (50% of total allocated funds) on September 24, 2021; and

WHEREAS, the City of Del Rio will receive the second payment of the total allocated amount 12 months

after receiving the first payment; and

WHEREAS, the United States Department of Treasurer has released an Interim Final Rule regarding

eligible uses of the funding received through the American Rescue Plan Act of 2021; and

WHEREAS, the Interim Final Rule provides local governments authority to make certain determination

relating to the eligible uses of such funding; and

WHEREAS, the first annual project and expenditures report must be submitted to the U.S. Department of

Treasury by Oct 31, 2021 and any subsequent annual reports must be submitted by October 31 of each year

until December 2026; and

WHEREAS, the City of Del Rio designates the City Manager as the grantee’s authorized official to apply

for, accept, reject, alter, or terminate the grant on behalf of the applicant agency.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO,

TEXAS, THAT:

Section 1. The City of Del Rio authorizes the City Manager to accept the allocated funding provided by

the Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act of 2021 and

act on behalf of the City of Del Rio in all matters related to the funding program.

Section 2. The City of Del Rio will use funding in the following areas:

a. Support for immediate economic stabilization for small businesses

b. Replace lost public sector revenue (4.1% at an estimate of $5 million, with the exemption of tax

revenue)

c. Nutrition programs (additional meals for 55-60 age group)

d. COVID-19 mitigation and prevention salaries (such as contact tracers, public safety and public health

employees, and any essential workers)

e. Water and sewer infrastructure (which includes generators)

38

Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are

hereby made a part of this Resolution for all purposes and are adopted as part of the judgment and finding

of the City Council.

Section 4. All Resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this

Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be

and remain controlling as to the matters resolved herein.

Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of

Texas and the United States of America.

Section 6. If any provision of this Resolution or the application thereof to any person or circumstance

shall be held to be invalid, the remainder of this Resolution and the application of such provision to other

persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this

Resolution would have been enacted without such invalid provision.

Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is

adopted was open to the public and public notice of the time, place, and subject matter of the public business

to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551,

Texas Government Code, as amended.

Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved.


________________________________ BRUNO J. LOZANO

Mayor

ATTEST:

_______________________________ MARIA C. ACOSTA

City Secretary REVIEWED FOR ADMINISTRATION: REVIEWED AS TO FORM AND LEGALITY: _________________________________ ________________________________


39

City Council Regular 7. e. Meeting Date: 10/12/2021 Submitted By: Luis Menchaca, Purchasing Agent, Finance

InformationSUBJECT:R:2021-138 A Resolution Authorizing and Directing the Interim City Manager to Advertise and Give Notice ofthe Request for Bids (RFB) for Equipment Financing for Thirty (30) Golf Carts for the San Felipe Springs GolfCourse

SUMMARY:Discussion and possible action to proceed with the advertisement for the request for bids for equipment financingfor Thirty (30) Golf Carts for the San Felipe Springs Golf Course.

BACKGROUND:O: 2016-002, An Ordinance by the City Council of the City of Del Rio, Texas, to Ratify the Lease/Purchase ofTwenty (20) 2015 EZGO TXT Gas Golf Cars for the San Felipe Springs Golf Course from C&M Golf & GroundsEquipment via the Texas Association of School Boards BuyBoard Cooperative and Leased Through Wells FargoFinancial Leasing Inc., was approved on January 16, 2016. This lease came to term January 2021. The lease termwas set to automatically renew once the original term expired. The section of the lease pertaining to the term readsas follows:

TERM: AUTOMATIC RENEWAL. The term of each Lease will begin on the date that the relatedSchedule is accepted by Us or any later date that We designate (the "Commencement Date'') and willcontinue for the number of months shown on such Schedule (the "Initial Term"). As used herein, "Term"means the term presently in effect at any time, whether it is the Initial Term or a Renewal Term {definedbelow). With respect to each Lease, unless You have a $1.00 Purchase Option as indicated in the relatedSchedule, You shall notify Us in writing at least 30 days before the end of a Term (the "Notice Period")that you intend to purchase or return the Equipment at the end of such Term or:

a) the applicable Lease will automatically renew for an additional one-month period (a "RenewalTerm") andb) all terms of such Lease will continue to apply .

If You do notify Us in writing within the Notice Period for a given Lease that You intend to purchase orreturn the related Equipment at the end of the Term of such Lease, then You shall

i) purchase the Equipment by paying the purchase option amount (and all other amounts duehereunder) within 10 days after the end of the Term, orii) return the Equipment pursuant to Section 12.

For any "Fair Market Value" Purchase Option, the fair market value shall be determined by Us in Our solebut commercially reasonable judgment. Each Lease is non-cancelable for the full Term.

Current buyout amount to keep the twenty (20) golf cart is set at $27,689.84. The City of Del Rio would like toreturn the currently leased equipment once new equipment is purchased. Staff would like to make sure that thefinancing obtained is a closed term and the equipment is paid in its entirety by the time the lease term iscomplete.

DISCUSSION:The San Felipe Springs Golf Course hosts at least one monthly tournament and operates 11 hours a day, 6 days aweek. The Golf Course members use the Golf Carts to transport themselves and their equipment around thecourse during their visit to the Golf Course. Golf Course and Purchasing Division staff have spoken to numerousvendors and have been able to obtain pricing from Metro Golf Cars on thirty (30) 2022 Yamaha Drive2Two-Passenger golf carts through Buyboard contract #611-20. The purchase price for thirty golf carts, eachincluding the top canopy, hinged windshield, basket, cup holders, hubcaps, annual onsite tune up and the golf cart

40

unit, is $224,802.00. Lead time in the last year has increased due to shortages in the industry caused by externalfactors such as the pandemic and shutdowns. At the moment, the lead time would be approximately seven (7)months after order has been placed. The advantage of financing large dollar value items is that it allows the City to more evenly budget and manageit's cash flows. This type of financing is short term, five to seven years, which is ideal for these type ofpurchases. Certificate of Obligation issuances normally have a payback of 20-30 years and are more suited forstreet reconstruction, water, wastewater and landfill infrastructure and buildings which have a useful life ofgreater than thirty (30) years.

PROS:Approving this resolution would get us one step closer in the procurement of the equipment needed at the GolfCourse. Once financing is secured, the equipment can be ordered.

CONS:There are no cons associated with the approval of this resolution.


Fiscal Impact

Summary:There is minimal fiscal impact associated with this item which includes the mailing of the request for bids topotential financial institutions and posting on the City and County websites. The FY 2021-2022 Budgetincludes the lease of the golf carts under the golf course operating budget, however, once the carts are purchasedthe expense will be recorded within the Fixed Asset Fund.

AttachmentsR:2021-138 Resolution RFB Quote

41

RESOLUTION NO. R:2021-138

A Resolution Authorizing and Directing the Interim City Manager to Advertise and Give Notice of

the Request for Bids (RFB) for Equipment Financing for Thirty (30) Golf Carts for the San Felipe

Springs Golf Course

WHEREAS, The Golf Course has an inventory of golf carts, available for patrons to use to transport themselves and their equipment around the course during their visit; and

WHEREAS, The Golf Course has been leasing twenty golf carts since 2016; and WHEREAS, The current lease stipulates that the City of Del Rio can opt to lease the equipment month to month once the original term has been completed or notify the lender they wish to return the equipment with a thirty day advanced notification; and WHEREAS, The City of Del Rio would like to obtain bids from qualified financial institutions to finance thirty (30) golf carts; and WHEREAS, the City Council finds that procurement of these services through a bid process is in the best interest of the health, safety and welfare of the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL

RIO, TEXAS, THAT:

Section 1. The City Council hereby authorizes and directs the City Manager to give notice and advertise a Request for Bids for Equipment Financing for thirty (30) golf carts for the San Felipe Springs Golf Course of the City of Del Rio.

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 part of the

judgment and finding of the City Council.

Section 3. All Resolutions, or parts thereof, which are in conflict or inconsistent with any provision

of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this

Resolution shall be and remain controlling as to the matters resolved herein.

Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State


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.

42

Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so

ordained.

PASSED AND APPROVED on this the 12th day of October 2021

ATTEST:

BRUNO J. LOZANO

Mayor

MARIA C. ACOSTA

City Secretary



43

RFB FOR EQUIPMENT FINANCING FOR GOLF CARTS PAGE 1 OF 6

REQUEST FOR BIDS

FOR

EQUIPMENT FINANCING FOR GOLF CARTS

DUE NOVEMBER 16, 2021

BY 10:00 AM

RFB R:2021-XXX

Sealed bids will be accepted by mail or hand delivery no later than 10:00 AM, November 16, 2021 at the following physical or mailing address: Mailing / Physical address: City of Del Rio Attention: Mari C. Acosta, City Secretary

109 W. Broadway St. Del Rio, TX 78840

44


I. REQUEST FOR BIDS

The City of Del Rio is seeking to obtain bids from qualified and eligible financial institutions to provide financing services for the acquisition of thirty (30) 2022 Club Car Onward Tempo 2 Passenger Golf Carts under a financing agreement.

The City will be accepting sealed bids up until 10:00 AM on November 16, 2021. Bids can be mailed or hand delivered. All bids received after this time will not be accepted and will be returned

unopened. This solicitation does not commit the City of Del Rio to award a contract, to pay any costs

associated with the submission or preparation of any bid submitted, or the procurement of the equipment listed. The City of Del Rio reserves the right to consider any other factors that it deems

to be relevant to its needs. The City reserves the right to request additional information from an individual or to request all submitters to submit supplemental materials in fulfillment of the content requirements of this request for bids (RFB) or to meet additional information needs of the City. The

City also reserves the unilateral right to waive any technical or format requirements contained in the RFB.

II. PROJECT The City of Del Rio is accepting bids for Equipment Financing of thirty (30) Golf Carts which will be used at the San Felipe Springs Golf Course. The proceeds may be used to cover the cost of the thirty (30) Golf Carts and extended warranty program associated with the procurement of the golf

carts. The approximate price for each golf cart is $7,500 for a grand total of $225,000. Actual costs will be determined at the time of purchase and could vary from the projected cost. The principal financed

will be for the entire actual cost of the equipment and any other associated cost approved by the City of Del Rio pertaining to the procurement of the golf carts.

III. TAX EXEMPT PURCHASE As a local government, the City of Del Rio’s departments and divisions and other political subdivisions are Sales Tax and Federal Excise Tax exempt by law and are not required to apply for

exemption. The Purchase being made with the proceeds will be tax exempt. a. This issue shall be "Institution-Qualified” for taxation purposes in calendar year 2021 and 2022

(as described in Section 265(b) (3) (B) of the Internal Revenue Code of 2009, as amended). b. The City shall enter into a tax-exempt finance agreement with the Institution in order to provide

financing for this Project. c. Type/Security: The obligation of the City to pay loan payments shall be subject to annual appropriations by the City of Del Rio City Council.

d. Interest Rate: The City desires fixed rate financing for these Project purchases. Please include the single factor rate in addition to quoted interest rate.

45


e. The bid should include an indicative date for the fixed rate quote, and the period that the Institution will "hold" such rate. The City anticipates full delivery of the Project before September

30, 2022.

IV. BID INSTRUCTIONS The Sealed bids must be addressed as follows:

City of Del Rio

RFB R:2021-XXX Request for Bids for

Equipment Financing for Thirty (30) Golf Carts Attention: Mary Acosta, City Secretary

109 West Broadway

Del Rio, TX 78840

It is the responsibility of the offeror to ensure their bid is received by the City of Del Rio City Secretary’s Office by the due date and time. Bids received after the deadline shall be considered void and unacceptable. The City of Del Rio reserves the right to reject any and all bids, to waive

any informalities or irregularities, as it shall deem to be in the best interest of the City. The offeror shall sign and date the Bid Affidavit (Attachment 1). The person signing the bid must have the authority to bind the firm in a contract. Bids which are not signed and dated in this manner

will be rejected. Any questions concerning bid specifics should be addressed to Luis Menchaca, Purchasing Agent via e-mail at [email protected]

Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening by the City must be initialed by the signer of the bid, guaranteeing authenticity.

A bid may not be withdrawn or canceled by the offeror without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and offeror so

agrees upon submittal of his bid. All bids meeting the intent of this request will be considered for award. Offerors taking exception to the specifications, or offering substitutions, shall state these exceptions by attachment as part of

the bid. The absence of such a list shall indicate that the offeror has not taken excep tion and shall hold the offeror responsible to perform in strict accordance with the specifications in this bid. Any interpretations, corrections or changes to this Request for Bids will be made by addenda. Sole

issuing authority of addenda shall be vested in the City of Del Rio Purchasing Agent. Addenda will be added as an attachment to the original posting. Offerors shall acknowledge receipt of all addenda in Section III of the Financing Bid (Attachment 2).

Bids must comply with all applicable federal, state, county, and local laws concerning these types of service.

46


Attachment 1 - Bid AFFIDAVIT Instructions: All pages in offeror's bid containing statements, letters, etc., shall be signed by the

offeror or a duly authorized agent of the offeror, whose signature is binding on the bid. The period of acceptance of this bid will be ______ calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by offeror.)

STATE OF____________________________

COUNTY OF______________________ BEFORE ME, a Notary Public in and for the State of _____________, on this day, the undersigned authority personally appeared, who after being by me duly sworn, did depose and say:

"I, ___________________________________, am: ____ a duly authorized officer of/agent for the offeror named below and have been duly authorized to execute the foregoing bid on behalf of the said offeror.”

____ the only owner of the sole proprietorship named as the offeror below.” “The offeror offers and agrees to furnish all of the services upon which information is submitted in the accompanying bid.

“The offeror has carefully read and understands all documents relating to the work for which the bid is submitted. Offeror is not relying on any verbal interpretations or changes to the bid packet. The offeror has personally made a thorough investigation accepts full responsibility for any pre -existing

conditions that would affect the bid that were obvious and could have been ascertained by direct observation.

“I hereby certify that the foregoing bid has not been prepared in collusion with any other offeror or other persons engaged in the same line of business prior to the official receipt of this bid. Further, I certify that the offeror is not now, nor has been in the past six (6) months, directly or indirectly

concerned in any pool or agreement or combination, to control the price of services offered, or to influence any person or persons to offer or not to offer thereon. “On behalf of the offeror I waive all claims against the City of Del Rio, its officers, agents, employers

and contractors to the extent such claims arise out of or in connection with the administration, evaluation, or recommendation of any bids; waiver of any requirements in connection therewith; acceptance or rejection of any bids; and the award of the contract.”

Offeror Name:

Offeror Address:

Phone Number:

Authorized Signature:____________________________________________________

SUBSCRIBED AND SWORN to before me by the above

named on this day

of , 2021.

Notary signature:

47


Return this affidavit as part of the bid

Attachment 2 - FINANCING BID

The contract is for this Equipment Financing for the acquisition of thirty (30) Golf Carts. Bids shall be awarded to the responsible Offeror whose bid is determined to be the most advantageous to the City

based on the condition and guidelines set forth in this financing bid. The City of Del Rio has no plans to issue in excess of $10 million in debt during the 2021 calendar

year; thus, the financing should be deemed tax-exempt bank qualified. The City confirms that it has budgeted all loan payments. The City reserves the right to substitute an item or change the amount financed up to $225

,000 but not to exceed this amount.

1. Bidders must state in writing, if there are any additional costs or fees that may be required and the manner of calculating those costs or fees, unless those costs are determined on the

basis of a fixed fee, in which case each fee amount must be stated separately.

2. Bidders shall express interest costs in terms of annual percentage rate. An amortization schedule may be submitted separately but is not required.

3. On receipt of the balance of the purchase price by the Lender, the Lender will transfer title of the equipment to the City of Del Rio.

SECTION I. OFFEROR INFORMATION

Company Name:

Street Address:

City/State/Zip:

Telephone Number: Tax ID:

Email:

48


SECTION II. FINANCING

PURCHASE PRICE OF EQUIPMENT IS ESTIMATED AT $225,000.00. The entire amount shall be

financed over a sixty-month period with payments made annually beginning in the City’s 4th quarter of budget year 2021-2022.

Annual Interest Rate: %

Payment Schedule

SECTION III. ADDENDA ACKNOWLEDGEMENT

Acknowledgement is hereby made of the following Addenda received since issuance of the Request

for Bids:

Addendum No. Dated: Addendum No. Dated:

Addendum No. Dated:

Authorized Signature:

Date:

.

Annual

Payment #Loan Balance Principal Payment Interest Payment Total Payment

1

2

3

4

5

Additional Costs/Fees:

Total Cost:

49

1 4063 South Freeway, Fort Worth, Texas 76110 P: 817-921-5491 metrogolfcars.com

Quote Expires in 60 Days

Rev0

September 16, 2021

Luis J. Menchaca

City of Del Rio

105 W. Gibbs

Del Rio, TX 78840

Office: (830) 774-8795

Cell: (830) 309-6850

[email protected]

BUYBOARD CONTRACT # 611-20

2022 Club Car Onward Tempo 2 Passenger- Gas 48 Month Operational Lease $194.00 per month per vehicle

Includes: Top Canopy, Hinged Windshield, White Body, Basket, Cup Holders, Hub Caps, Cart #, Annual Onsite Tune-Up

Unit Price Extended (30)

Purchase price $8,639.10 $259,173.00

BUYBOARD CONTRACT # 611-20

2022 Yamaha Drive2 2 Passenger- Gas 48 Month Operational Lease $173.00 per month per vehicle

Includes: Top Canopy, Hinged Windshield, White Body, Basket, Cup Holders, Hub Caps, Cart #, Annual Onsite Tune-Up

Unit Price Extended (30)

Purchase price $ 7,493.40 $224,802.00

Regards,

Ben King

[email protected]

50

City Council Regular 7. f. Meeting Date: 10/12/2021 Submitted By: Luis Menchaca, Purchasing Agent, Finance

InformationSUBJECT:R:2021- 140 A Resolution Authorizing and Directing the Interim City Manager to Advertise and Give Notice ofthe Request for Bids (RFB) for Equipment Financing for Golf Course Turf Maintenance Equipment

SUMMARY:Discussion and possible action to proceed with the advertisement for the request for bids for equipment financingfor golf course turf maintenance equipment

BACKGROUND:The Golf Course currently has the following equipment that is being leased through Wells Fargo Financial:

Year Make Model Serial Number Description2017 Jacobsen Tri-King EJ400347 Trim Mower2017 SmithCo Manufacturing Tournament Ultra T7232 Roller2017 Jacobsen Greens King IV Plus 6237905031 Mower2017 Jacobsen Hauler 1200 3306303 Mid-Duty Utility Vehicle 2017 Jacobsen PGM 6328601867 Mower2017 Jacobsen GA-24 5823405031 Aerator2017 Jacobsen ST Series T1700392 Zero Turn Mower2017 Jacobsen LF150 700145 4WD MowerUnless the City of Del Rio notified the financier of intent to purchase the leased items once the original term wascompleted, the lease term was set to automatically renew once the original term expired to a monthly lease withall the original lease terms continuing to be applicable. This monthly renewal arrangement continues until theCity of Del Rio notifies the financing institution that we wish to return the equipment or purchase it at fair marketvalue, set by the financing institution. Current buyout amount to keep the equipment is set at $83,370.06. The Cityof Del Rio would like to return the currently leased equipment once new equipment is purchased. Staff would liketo make sure that the financing obtained is a closed term and the equipment is paid in its entirety by the time thelease term is complete.

DISCUSSION:The upkeep and maintenance of the Golf Course greens is extremely important to the long term health of thecourse. The greens and fairways need to be maintained in very specific ways. It is recommended that greens bemowed once every three days while fairways can be mowed at a frequency of once a week. This would ensurethat the greens and fairways at the golf course are low enough to not affect playability for golfers. Since the grassis cut so often, this also leaves the golf course greens susceptible to scalping, which would result in brown patchesthroughout the course. The Golf Course and Purchasing Division staff have spoken to numerous vendors and have been able to obtainpricing from Professional Turf Products, LP through cooperative agreement Q67545. The purchase price for theequipment is as follows: Equipment Type: Cost Per

Unit:One (1) Fairway Reelmaster 3575-D $63,918.32

51

One (1) Greensmaster 3150-Q $51,053.74One (1) ProCore 648 Aerifier $30,706.84One (1) Surround Reelmaster 3100-D Sidewinder $44,664.23One (1) Rough Groundsmaster 3200 2WD $23,628.71One (1)Tee Greensmaster 3150-Q $40,924.21One (1) Range Workman GTX EFI Lifted $16,274.63One (1) 31 HP Kawasaki FX w/72" Turbo Force DeckRough Z Mower LCE $16,500.00

Total $287,670.68Lead time in the last year has increased due to shortages in the industry caused by external factors such as thepandemic and shutdowns. At the moment, the lead time would be approximately six to nine months after orderhas been placed. The advantage of financing large dollar value items is that it allows the City to more evenlybudget and manage it's cash flows. This type of financing is short term, five to seven years, which is ideal forthese type of purchases. Certificate of Obligation issuances normally have a payback of 20-30 years and are moresuited for street reconstruction, water, wastewater and landfill infrastructure and buildings which have a usefullife of greater than thirty (30) years.

PROS:Approving this resolution would allow staff to move forward with the procurement of golf turf maintenanceequipment. Providing the golf course with adequate maintenance equipment allows staff to ensure that the greensand fairways are maintained, avoiding additional expenses caused by scalping and other issues that arise whenturf is not maintained accurately.



Fiscal Impact

Summary:The FY 2021-2022 Budget includes the lease of the maintenance equipment under the golf course operatingbudget. However, once these items are purchased they will be recorded and expensed from the Fixed AssetFund.

AttachmentsR:2021-140-10039 Request for Bids

52

RESOLUTION R:2021-140


the Request for Bids (RFB) for Equipment Financing for Equipment Financing for Golf Course Turf

Maintenance Equipment

WHEREAS, The Golf Course has an inventory of golf course turf maintenance equipment, used for the maintenance and upkeep of the greens and fairways; and WHEREAS, The lease for the golf equipment ended in January 2021; and WHEREAS, The current lease stipulates that the City of Del Rio can opt to lease the equipment month to month once the original term has been completed or notify the lender they wish to return the equipment with a thirty day advanced notification; and WHEREAS, The City of Del Rio would like to obtain bids from qualified financial institutions to finance various pieces of equipment; and WHEREAS, the City Council finds that soliciting for bids as provided for herein is in the best interest of the health, safety and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL RIO,

TEXAS, THAT:

Section 1. The City Council It hereby authorizes and directs the Interim City Manager to give notice and advertise a Request for Qualifications for Equipment Financing for golf course turf maintenance equipment for the San Felipe Springs Golf Course of the City of Del Rio.


recitals are hereby made a part of this Ordinance for all purposes and are adopted as part of the

judgment and finding of the City Council.

Section 3. 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 4. This Ordinance shall be construed and enforced in accordance with the laws of the State



circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such

provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby

declares that this Ordinance would have been enacted without such invalid provision.

Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance

is adopted was open to the public and public notice of the time, place, and subject matter of the public

business to be considered at such meeting, including this Ordinance, was given, all as required by

Chapter 551, Texas Government Code, as amended.

53

Section 7. This Ordinance shall be in force and effect from and after its final passage, and it is so

ordained.


ATTEST:

BRUNO J. LOZANO

Mayor

MARIA C. ACOSTA

City Secretary



54

RFB FOR EQUIPMENT FINANCING FOR GOLF TURF MAINTENANCE EQUIPMENT PAGE 1 OF 6

REQUEST FOR BIDS

FOR

EQUIPMENT FINANCING FOR GOLF TURF

MAINTENANCE EQUIPMENT


BY 10:30 AM

RFB R:2021-XXX



55


I. REQUEST FOR BIDS

The City of Del Rio is seeking to obtain bids from qualified and eligible financial institutions to provide financing services for the acquisition of Golf Turf Maintenance Equipment under a financing agreement.

The City will be accepting sealed bids up until 10:30 AM on November 16, 2021. Bids can be mailed or hand delivered. All bids received after this time will not be accepted and will be returned

unopened. This solicitation does not commit the City of Del Rio to award a contract, to pay any costs

associated with the submission or preparation of any bid submitted, or the procurement of the equipment listed. The City of Del Rio reserves the right to consider any other factors that it deems

to be relevant to its needs. The City reserves the right to request additional information from an individual or to request all submitters to submit supplemental materials in fulfillment of the content requirements of this request for bids (RFB) or to meet additional information needs of the City. The

City also reserves the unilateral right to waive any technical or format requirements contained in the RFB.

II. PROJECT The City of Del Rio is accepting bids for Equipment Financing of Golf Turf Maintenance Equipment which will be used at the San Felipe Springs Golf Course. The proceeds may be used to cover the cost of the following pieces of equipment along with any extended warranty program associated

with the procurement of the golf turf maintenance agreement:

1 Fairway Reelmaster 3575-D $ 63,918.32

1 Greensmaster 3150-Q $ 51,053.74

1 ProCore 648 Aerifier $ 30,706.84

1 Surround Reelmaster 3100-D Sidewinder $ 44,664.23

1 Rough Groundsmaster 3200 2WD $ 23,628.71

1 Tee Greensmaster 3150-Q $ 40,924.21

1 Range Workman GTX EFI Lifted $ 16,274.63

1 31 HP Kawasaki FX w/72" Turbo Force Deck. Rough Z Mower LCE $ 16,500.00

Total $ 287,670.68

The approximate price for the pieces of equipment needed for golf turf maintenance equipment is $290,000. Actual costs will be determined at the time of purchase and could vary from the projected cost. The principal financed will be for the entire actual cost of the equipment and any

other associated cost approved by the City of Del Rio pertaining to the procurement of the golf turf maintenance equipment.

III. TAX EXEMPT PURCHASE As a local government, the City of Del Rio’s departments and divisions and other political subdivisions are Sales Tax and Federal Excise Tax exempt by law and are not required to apply for exemption. The Purchase being made with the proceeds will be tax exempt.

56


a. This issue shall be "Institution-Qualified” for taxation purposes in calendar year 2021 and 2022 (as described in Section 265(b) (3) (B) of the Internal Revenue Code of 2009, as amended).

b. The City shall enter into a tax-exempt finance agreement with the Institution in order to provide financing for this Project. c. Type/Security: The obligation of the City to pay loan payments shall be subject to annual

appropriations by the City of Del Rio City Council. d. Interest Rate: The City desires fixed rate financing for these Project purchases. Please include

the single factor rate in addition to quoted interest rate. e. The bid should include an indicative date for the fixed rate quote, and the period that the Institution will "hold" such rate. The City anticipates full delivery of the Project before September

30, 2022.


City of Del Rio


Equipment Financing for Golf Turf Maintenance Equipment Attention: Mary Acosta, City Secretary

109 West Broadway

Del Rio, TX 78840 It is the responsibility of the offeror to ensure their bid is received by the City of Del Rio City

Secretary’s Office by the due date and time. Bids received after the deadline shall be considered void and unacceptable. The City of Del Rio reserves the right to reject any and all bids, to waive any informalities or irregularities, as it shall deem to be in the best interest of the City.

The offeror shall sign and date the Bid Affidavit (Attachment 1). The person signing the bid must have the authority to bind the firm in a contract. Bids which are not signed and dated in this manner

will be rejected. Any questions concerning bid specifics should be addressed to Luis Menchaca, Purchasing Agent via e-mail at [email protected]

Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening by the City must be initialed by the signer of the bid, guaranteeing authenticity.

A bid may not be withdrawn or canceled by the offeror without the permission of the City for a period of ninety (90) days following the date designated for the receipt of bids, and offeror so agrees upon submittal of his bid.

All bids meeting the intent of this request will be considered for award. Offerors taking exception to the specifications, or offering substitutions, shall state these exceptions by attachment as part of

the bid. The absence of such a list shall indicate that the offeror has not taken exception and shall hold the offeror responsible to perform in strict accordance with the specifications in this bid. Any interpretations, corrections or changes to this Request for Bids will be made by addenda. Sole

issuing authority of addenda shall be vested in the City of Del Rio Purchasing Agent. Addenda will be added as an attachment to the original posting. Offerors shall acknowledge receipt of all addenda in Section III of the Financing Bid (Attachment 2). Bids must comply with all applicable

federal, state, county, and local laws concerning these types of service.

57


Attachment 1 - Bid AFFIDAVIT

Instructions: All pages in offeror's bid containing statements, letters, etc., shall be signed by the offeror or a duly authorized agent of the offeror, whose signature is binding on the bid. The period of acceptance of this bid will be ______ calendar days from the date of the bid opening. (Period of

acceptance will be ninety (90) calendar days unless otherwise indicated by offeror.)

STATE OF____________________________ COUNTY OF______________________ BEFORE ME, a Notary Public in and for the State of _____________, on this day, the undersigned

authority personally appeared, who after being by me duly sworn, did depose and say: "I, ___________________________________, am:

____ a duly authorized officer of/agent for the offeror named below and have been duly

authorized to execute the foregoing bid on behalf of the said offeror.” ____ the only owner of the sole proprietorship named as the offeror below.”

“The offeror offers and agrees to furnish all of the services upon which information is submitted in

the accompanying bid. “The offeror has carefully read and understands all documents relating to the work for which the bid is submitted. Offeror is not relying on any verbal interpretations or changes to the bid packet. The

offeror has personally made a thorough investigation accepts full responsibility for any pre -existing conditions that would affect the bid that were obvious and could have been ascertained by direct

observation. “I hereby certify that the foregoing bid has not been prepared in collusion with any other offeror or other persons engaged in the same line of business prior to the official receipt of this bid. Further, I

certify that the offeror is not now, nor has been in the past six (6) months, directly or indirectly concerned in any pool or agreement or combination, to control the price of services offered, or to influence any person or persons to offer or not to offer thereon.

“On behalf of the offeror I waive all claims against the City of Del Rio, its officers, agents, employers and contractors to the extent such claims arise out of or in connection with the administration, evaluation, or recommendation of any bids; waiver of any requirements in connection therewith;

acceptance or rejection of any bids; and the award of the contract.”

Offeror Name: Offeror Address:

Phone Number:



named on this day

of , 2021.

Notary signature:

58




The contract is for this Equipment Financing for the acquisition of golf turf maintenance equipment.

Bids shall be awarded to the responsible Offeror whose bid is determined to be the most advantageous to the City based on the condition and guidelines set forth in this financing bid.

The City of Del Rio has no plans to issue in excess of $10 million in debt during the 2021 calendar year; thus, the financing should be deemed tax-exempt bank qualified. The City confirms that it has

budgeted all loan payments. The City reserves the right to substitute an item or change the amount financed up to $290,000 but not to exceed this amount.

1. Bidders must state in writing, if there are any additional costs or fees that may be required and the manner of calculating those costs or fees, unless those costs are determined on the basis of a fixed fee, in which case each fee amount must be stated separately.


3. On receipt of the balance of the purchase price by the Lender, the Lender will transfer title

of the equipment to the City of Del Rio.


Company Name:

Street Address:

City/State/Zip:


Email:


59


PURCHASE PRICE OF EQUIPMENT IS ESTIMATED AT $290,000. The entire amount shall be financed over a sixty-month period with payments made annually beginning in the City’s 4th quarter

of budget year 2021-2022. Annual Interest Rate: %

Payment Schedule


Acknowledgement is hereby made of the following Addenda received since issuance of the Request for Bids:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:


Date:

.

Annual


1

2

3

4

5


Total Cost:

60

City Council Regular 7. g. Meeting Date: 10/12/2021 Submitted By: Luis Menchaca, Purchasing Agent, Finance

InformationSUBJECT:R:2021-139 A Resolution Authorizing and Directing the Interim City Manager to Advertise and Give Notice ofthe Request for Bids (RFB) for Equipment Financing for One (1) 2022 Freightliner 114SD with PalfingerM13A80 Loader for Brush Collection Services for the City of Del Rio

SUMMARY:Discussion and possible action to proceed with the advertisement for the request for bids for equipment financingfor one (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader for brush collection services.

BACKGROUND:The City of Del Rio Neighborhood Services division brush truck fleet includes the following units: Unit 8695 2017 Freightliner (Grabber Claw Truck) 3 Years in Service Unit 8696 2017 Freightliner (Grabber Claw Truck) 3 Years in Service Unit 9129 2018 Freightliner (Grabber Claw Truck) 2 Years in ServiceThe Neighborhood Services division uses the Grabber Claw Trucks for brush collection, provided to all Cityresidential solid waste ratepayers who live within the City limits. Brush waste includes tree limbs, grass and plantclippings, leaves and tree or brush trimmings. Currently, the brush collection schedule is divided into ten zones. Currently, the division faces challenges when an employee is out or a brush truck is receiving maintenance. Anadditional Heavy Equipment Operator position was approved for brush collection in the 2021-2022 Fiscal Year.

DISCUSSION:The City of Del Rio is seeking to obtain bids from qualified financial institutions to finance one (1) 2022Freightliner 114SD with Palfinger M13A80 Loader for brush collection services in the amount of $235,000 over aperiod of five years. The lowest most responsive bid will be brought back to the City Council for approval. Funds are included in the FY 2021-22 Fixed Asset Equipment Fund Budget for the financing of this grabber clawtruck. The City of Del Rio is obtaining pricing for the 2022 Freightliner 114SD with Palfinger M13A80 Loader throughFreightliner Austin with Buyboard contract #601-19. Purchasing uses cooperative contracts to ensure they receivethe best pricing available to the City of Del Rio. The advantage of financing large dollar value items is that it allows the City to more evenly budget and manageit's cash flows. This type of financing is short term, five to seven years, which is ideal for these type ofpurchases. Certificate of Obligation issuances normally have a payback of 20-30 years and are more suited forstreet reconstruction, water, wastewater and landfill infrastructure and buildings which have a useful life ofgreater than thirty (30) years.

PROS:Approving this resolution would allow staff to move forward with the procurement of an additional grabber clawtruck. The division would be able to have four claw trucks collecting brush simultaneously within the City of DelRio, providing a more efficient service.


61


Fiscal Impact

Summary:The short term financing for this brush truck will be recorded as follows:

Fixed Asset Fund (780)Account Number: 5-85-01-5643Account Name: Heavy EquipmentBudgeted Amount: $38,200 per year

AttachmentsR:2021-10026-139 RFB Quote

62

RESOLUTION R:2021-139


the Request for Bids (RFB) for Equipment Financing for One (1) 2022 Freightliner 114SD with

Palfinger M13A80 Loader for Brush Collection for the City of Del Rio

WHEREAS, The Neighborhood Services division uses the Grabber Claw Trucks for brush Collection, provided to all City residential solid waste ratepayers who live within the City limits ; and

WHEREAS, The City of Del Rio currently has three (3) grabber claw trucks in its fleet; and

WHEREAS, an additional Heavy Equipment Operator position was approved for Brush Collection in the 2021-2022 Fiscal Year; and

WHEREAS, Pricing is being obtained through Freightliner of Austin with Buyboard contract #601-19;

and WHEREAS, The City of Del Rio would like to obtain bids from qualified financial institutions to

finance one (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL

RIO, TEXAS:

Section 1. The City Council hereby authorizes and directs the City Manager to give notice and advertise a Request for Qualifications for Equipment Financing for one (1) 2022 Freightliner 114SD with

Palfinger M13A80 Loader for brush collection for the City of Del Rio.

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 part of the judgment and finding of the City Council.

Section 3. All Resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolut ion

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 Resolut ion 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.

63



ATTEST:

BRUNO J. LOZANO

Mayor

MARIA C. ACOSTA

City Secretary



64

RFB FOR EQUIPMENT FINANCING

FOR ONE 2022 FREIGHTLINER 114SD WITH PALFINGER M13A80 LOADER PAGE 1 OF 6

REQUEST FOR BIDS

FOR

EQUIPMENT FINANCING FOR ONE 2022 FREIGHTLINER 114SD WITH PALFINGER M13A80 LOADER


BY 10:15 AM

RFB R:2021-XXX



65



I. REQUEST FOR BIDS

The City of Del Rio is seeking to obtain bids from qualified and eligible financial institutions to provide financing services for the acquisition of one (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader (may be referred to as a grabber claw truck within the rest of the

document) under a financing agreement. The City will be accepting sealed bids up until 10:15 AM on November 16, 2021. Bids can be

mailed or hand delivered. All bids received after this time will not be accepted and will be returned unopened.

This solicitation does not commit the City of Del Rio to award a contract, to pay any costs associated with the submission or preparation of any bid submitted, or the procurement of the

equipment listed. The City of Del Rio reserves the right to consider any other factors that it deems to be relevant to its needs. The City reserves the right to request additional information from an individual or to request all submitters to submit supplemental materials in fulfillment of the content

requirements of this request for bids (RFB) or to meet additional information needs of the City. The City also reserves the unilateral right to waive any technical or format requirements contained in the RFB.

II. PROJECT The City of Del Rio is accepting bids for Equipment Financing of one (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader to be used for brush collection for the City of Del Rio. The proceeds

may be used to cover the cost of the grabber claw truck and extended warranty program associated with the procurement of the grabber claw truck. The approximate price for the grabber claw truck is $235,000. Actual costs will be determined at

the time of purchase and could vary from the projected cost. The principal financed will be for the entire actual cost of the equipment and any other associated cost approved by the City of Del Rio pertaining to the procurement of the grabber claw truck.

III. TAX EXEMPT PURCHASE As a local government, the City of Del Rio’s departments and divisions and other political

subdivisions are Sales Tax and Federal Excise Tax exempt by law and are not required to apply for exemption. The Purchase being made with the proceeds will be tax exempt.

a. This issue shall be "Institution-Qualified” for taxation purposes in calendar year 2021 and 2022 (as described in Section 265(b) (3) (B) of the Internal Revenue Code of 2009, as amended).

b. The City shall enter into a tax-exempt finance agreement with the Institution in order to provide financing for this Project. c. Type/Security: The obligation of the City to pay loan payments shall be subject to annual

appropriations by the City of Del Rio City Council. d. Interest Rate: The City desires fixed rate financing for these Project purchases. Please include the single factor rate in addition to quoted interest rate.

66



e. The bid should include an indicative date for the fixed rate quote, and the period that the Institution will "hold" such rate. The City anticipates full delivery of the Project before September

30, 2022.


City of Del Rio


Equipment Financing for One (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader

Attention: Mary Acosta, City Secretary

109 West Broadway Del Rio, TX 78840

It is the responsibility of the offeror to ensure their bid is received by the City of Del Rio City Secretary’s Office by the due date and time. Bids received after the deadline shall be considered

void and unacceptable. The City of Del Rio reserves the right to reject any and all bids, to waive any informalities or irregularities, as it shall deem to be in the best interest of the City. The offeror shall sign and date the Bid Affidavit (Attachment 1). The person signing the bid must

have the authority to bind the firm in a contract. Bids which are not signed and dated in this manner will be rejected. Any questions concerning bid specifics should be addressed to Luis Menchaca, Purchasing Agent

via e-mail at [email protected] Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening by the City must be initialed by the signer of the bid, guaranteeing

authenticity. A bid may not be withdrawn or canceled by the offeror without the permission of the City for a

period of ninety (90) days following the date designated for the receipt of bids, and offeror so agrees upon submittal of his bid. All bids meeting the intent of this request will be considered for award. Offerors taking exception to

the specifications, or offering substitutions, shall state these exceptions by attachment as part of the bid. The absence of such a list shall indicate that the offe ror has not taken exception and shall hold the offeror responsible to perform in strict accordance with the specifications in this bid.

Any interpretations, corrections or changes to this Request for Bids will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Del Rio Purchasing Agent. Addenda will be added as an attachment to the original posting. Offerors shall acknowledge receipt of all

addenda in Section III of the Financing Bid (Attachment 2). Bids must comply with all applicable federal, state, county, and local laws concerning these types

of service.

67



Attachment 1 - Bid AFFIDAVIT Instructions: All pages in offeror's bid containing statements, letters, etc., shall be signed by the

offeror or a duly authorized agent of the offeror, whose signature is binding on the bid. The period of acceptance of this bid will be ______ calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by offeror.)

STATE OF____________________________

COUNTY OF______________________ BEFORE ME, a Notary Public in and for the State of _____________, on this day, the undersigned authority personally appeared, who after being by me duly sworn, did depose and say:

"I, ___________________________________, am: ____ a duly authorized officer of/agent for the offeror named below and have been duly authorized to execute the foregoing bid on behalf of the said offeror.”

____ the only owner of the sole proprietorship named as the offeror below.” “The offeror offers and agrees to furnish all of the services upon which information is submitted in the accompanying bid.

“The offeror has carefully read and understands all documents relating to the work for which the bid is submitted. Offeror is not relying on any verbal interpretations or changes to the bid packet. The offeror has personally made a thorough investigation accepts full responsibility for any pre -existing

conditions that would affect the bid that were obvious and could have been ascertained by direct observation.

“I hereby certify that the foregoing bid has not been prepared in collusion with any other offeror or other persons engaged in the same line of business prior to the official receipt of this bid. Further, I certify that the offeror is not now, nor has been in the past six (6) months, directly or indirectly

concerned in any pool or agreement or combination, to control the price of services offered, or to influence any person or persons to offer or not to offer thereon. “On behalf of the offeror I waive all claims against the City of Del Rio, its officers, agents, employers

and contractors to the extent such claims arise out of or in connection with the administration, evaluation, or recommendation of any bids; waiver of any requirements in connection therewith; acceptance or rejection of any bids; and the award of the contract.”

Offeror Name:

Offeror Address:

Phone Number:



named on this day

of , 2021.

Notary signature:

68





The contract is for this Equipment Financing for the acquisition of one (1) 2022 Freightliner 114SD with Palfinger M13A80 Loader. Bids shall be awarded to the responsible Offeror whose bid is

determined to be the most advantageous to the City based on the condition and guidelines set forth in this financing bid.

The City of Del Rio has no plans to issue in excess of $10 million in debt during the 2021 calendar year; thus, the financing should be deemed tax-exempt bank qualified. The City confirms that it has budgeted all loan payments. The City reserves the right to substitute an item or change the amount

financed up to $235,000 but not to exceed this amount.

1. Bidders must state in writing, if there are any additional costs or fees that may be required

and the manner of calculating those costs or fees, unless those costs are determined on the basis of a fixed fee, in which case each fee amount must be stated separately.


3. On receipt of the balance of the purchase price by the Lender, the Lender will transfer title of the equipment to the City of Del Rio.


Company Name:

Street Address:

City/State/Zip:


Email:

69




PURCHASE PRICE OF EQUIPMENT IS ESTIMATED AT $235,000.00. The entire amount shall be financed over a sixty-month period with payments made annually beginning in the City’s 4th quarter of budget year 2021-2022.

Annual Interest Rate: %

Payment Schedule


Acknowledgement is hereby made of the following Addenda received since issuance of the Request for Bids:

Addendum No. Dated:

Addendum No. Dated: Addendum No. Dated:


Date:

.

Annual


1

2

3

4

5


Total Cost:

70

1701 Smith Rd. (Hwy. 183 So.)

FAX: 512-389-2663 INV.

CITY STATE ZIP CODE

TX

YEAR MAKE MODEL/BODY VIN

2022 114SDMILEAGE:

KEVIN KRIEG

MILEAGE:

YEAR MAKE MODEL/BODY VIN LICENSE PLATE

MILEAGE:

YEAR MAKE MODEL/BODY VIN LICENSE PLATE

TOTAL

DATED: LIEN AMOUNT $

cobrar. Al comprador por el rendimiento de los servicios

relacionados con la completacion de la venta y por

completar los documentos. El comprador puede evitar el

pago al vendedor de este costo si el comprador mismo se

encarga de mandejar los documentos y de los servicios

necesarios para la completacion de la venta. El cobro

documental no puede sobrepasar los $50.00 (U.S.) Este

aviso es requerido bajo la ley.

Disclaimer of Warranties

SHOW LIEN TO:

PAYOFF TO:

ADDRESS:

TELEPHONE: / FAX:

GOOD UNTIL:

QUOTED BY:

Federal Excise Tax

Trading Difference

Sales Tax

License Fee

Vehicle Inventory Tax

Body Type:

License Wt.:

Documentary Fee

N/A

234,656.40

N/A

N/A

N/A

N/A

N/A

El cobro documental no es un cobro oficial. El cobro

documental no es un requisito bajo la ley, pero se le puede

TELEPHONE

Austin, Texas 78721

PURCHASING NAME

fee may not exceed $50.00. This notice is required by law.

Wats: 1-800-395-2005

ADDRESS

to the seller by handling the documents and performing the

830-774-8715

DEL RIO

BUY BOARD CONTRACT # 601-19

CITY OF DEL RIO

109 W BROADWAY ST

is not required by law but may be charged to buyers for

handling documents and performing services relating to the

the closing of a sale. Buyers may avoid payment of the fee

FREIGHTLINER

FREIGHTLINER OF AUSTIN

I/We Hereby Purchase from You, Under the Terms and Conditions Specified, the Following:

LICENSE PLATE

A documentary fee is not an official fee, a documentary fee

3ALHG3FMNDNE0936

Bus: 512-389-0000

Any warranties on the products sold hereby are those made by

the factory. The Seller , Freightliner of Austin , hereby

expressly disclaims all warranties, either expressed or implied

including any implied warranty of merchantability or fitness

for a particular purpose, and Freightliner of Austin, neither

assumes nor authorizes any other person to assume for it any

234,656.40

N/A

liability in connection with the sale of this vehicle.

CUSTOMER SIGNATURE

SALESMAN SIGNATURE

TRADE-IN

cars or trucks involved, if any. THIS IS NOT A CONDITIONAL SALES CONTRACT, BUT IS A BUYER'S ORDER. All new vehicles carry the standard factory warranty. It is understood there is no guarantee on the above described new or used vehicle

TOTAL SALE PRICE

Payoff on Trade

Total Balance Due 234,656.40

Less Deposit

Ext. Service Agreement

DRAFT THRU:

ADDRESS:

State Insp.:

License:

11SD BASE MODEL PRICE

OPTION CONTENT

TRADE-IN

Trade Allowance

other than appears on this Buyer's Order. Mileage, if used vehicle model is not guaranteed and a verbal agreement by the Salesman will not be considered binding on the Seller. It is agreed that neither Freightliner of Austin nor the manufacturer will be

CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY. "The information you see on the window form for this vehicle is part of this contract. Information on the window form overrieds any contrary provisions in the contract of sale. "

ADDRESS:

Full disclosure required by federal regulation "Z", The Consumer Protection Act and The Texas Consumer Credit Code, will be made prior to consummation of a credit sale. This written order comprises the entire agreement pertaining to this purchase

property is delivered to him/her and either the full price is paid in cash or satisfactory deferred payment agreement is executed by the parties hereto, the terms of which shall thereafter be controlling, and a clear title is furnished to dealer for the used

and no other agreement of any kind, verbal understanding or promise whatsoever, will be recognized. It is expressly agreed that the purchaser acquires no right, title or interest in or to the property which he agrees to purchase hereunder until such

DRAFT FOR $ Title:

Transfer:

78840

70,282.00

PALFINGER M13A80 LOADER

services relating to the closing of the sale. A documentary

$54,538.00$109,836.40

71

City Council Regular 8. a. Meeting Date: 10/12/2021 Submitted By: Manuel Chavez, Asst. City Manager, Asst. City Manager

InformationSUBJECT:R:2021-141 A Resolution by the City Council of the City of Del Rio, Texas Authorizing the Interim CityManager to Execute a Lease Agreement for the Purpose of Temporary Shelter for Law Enforcement Personnelwith U.S. Customs and Border Protection; and Authorizing any Additional Actions Reasonably Necessarytherewith; Providing a Severability Clause and Establishing an Effective Date

SUMMARY:Discussion and possible action on a resolution to execute a lease agreement for temporary shelter for lawenforcement personnel with U.S. Customs and Border Protection located underneath and adjacent to the Del RioInternational Bridge.

BACKGROUND:Beginning on or about September 10, 2021, there have been thousands of migrants crossing the border andhabituating on City property as an emergency shelter based on the backlog of immigration processing by USBorder Patrol and there are likely thousands more who are traveling to Del Rio through Mexico in the comingdays and weeks. The City of Del Rio finds that there are extenuating circumstances needing additional resourcesfrom the Federal government and a surge in resources from all cooperating Federal, State, Local, andNon-Governmental Organizations due to the rapid and significant migrant influx to preserve the health and safetyand property of the citizens of Del Rio. The City Council of the City of Del Rio have determined thatextraordinary and immediate measures must be and were taken to respond quickly, to ensure and deter illegalborder crossings and collaborate with Federal and State entities, and devote additional City resources towardsdeterring illegal border crossings, manage the current circumstances in the City and on City property, andprotecting our border community.

DISCUSSION:The United States of America, acting by and through U.S. Customs and Border Protection (“CBP”), together withCBP’s agents, representatives, employees, contractors, and sub-contractors (collectively, the “Lessee”), seek todeploy, operate, and maintain temporary shelter facilities for use by CBP for migrants and other mobilization ofresources in Del Rio, Texas. The City of Del Rio, owner of the three parcels of land, located underneath andadjacent to the Del Rio International Bridge and the United States of America, totaling approximately 8.7 acres (“Property”) wishes to lease this property to CBP. The lease will begin on September 15, 2021 and run throughSeptember 30, 2021. The lessee will pay a lump-sum total of $150,000 to the City for the temporary use of thisproperty.

PROS:The City will collect revenue as part of this lease agreement.

CONS:None.


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Fiscal Impact

Summary:The lump-sum payment of $150,000 for the temporary use of this property will be recorded as follows:

International Bridge (652)Account Number: 4-00-80-4741Account Name: Lease ProceedsLump Sum Payment Amount: $150,000

AttachmentsResolution Customs Agreement Lease_CBP_Bridge

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RESOLUTION NO. R:2021-141

A Resolution by the City Council of the City of Del Rio, Texas Authorizing the

Interim City Manager to Execute a Lease Agreement for the Purpose of Temporary

Shelter for Law Enforcement Personnel with U.S. Customs and Border Protection;

and Authorizing any Additional Actions Reasonably Necessary Therewith;

Providing a Severability Clause and Establishing an Effective Date

WHEREAS, beginning on or about September 10, 2021, there have been thousands of migrants crossing the border and habituating on City property as an emergency shelter based on the backlog of immigration processing by US Border Patrol and there are likely thousands more who

are traveling to Del Rio through Mexico in the coming days and weeks; and

WHEREAS, the City of Del Rio finds that there are extenuating circumstances needing additional resources from the Federal government and a surge in resources from all cooperating Federal, State, Local, and Non-Governmental Organizations due to the rapid and significant

migrant influx to preserve the health and safety and property of the citizens of Del Rio; and WHEREAS, the City Council of the City of Del Rio have determined that extraordinary and immediate measures must be and were taken to respond quickly, to ensure and deter illegal border crossings and collaborate with Federal and State entities, and devote additional City resources towards deterring illegal border crossings, manage the current circumstances in the City and on City property, and protecting our border community; and WHEREAS, the United States of America, acting by and through U.S. Customs and Border Protection (“CBP”), together with CBP’s agents, representatives, employees, contractors, and sub-contractors (collectively, the “Lessee”), seek to deploy, operate, and maintain temporary

shelter facilities for use by CBP for migrants and other mobilization of resources in Del Rio, Texas; and

WHEREAS, the City of Del Rio, owner of the three parcels of land, located underneath and adjacent to the Del Rio International Bridge and the United States of America, totaling approximately 8.7 acres (“Property”) wishes to lease this property to CBP; and WHEREAS, the lease will begin on September 15, 2021 and run through September 30, 2021; and WHEREAS, Lessee will pay a lump-sum total of $150,000 to the City for the temporary use of this Property; and WHEREAS, the City of Del Rio has determined that it is necessary to contract for temporary

shelter facilities to better serve its citizens and protect the public health, safety and welfare of them and the City; and

WHEREAS, the City Council hereby finds that it is in the best interest of the City to enter into a Lease Agreement by and between U.S. Customs and Border Protection and the City of Del Rio,

for the purpose of temporary shelter.

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

DEL RIO, TEXAS THAT:

Section 1. The City Council hereby approves and accepts the Lease Agreement as set out in Exhibit “A”.

Section 2. The Interim City Manager, or his designee, is hereby authorized to execute the Lease Agreement, on behalf of the City, and such other documents and

instruments reasonably necessary to conclude the transaction.

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.


PASSED, ADOPTED, APPROVED, AND EFFECTIVE on this 12th day of October 2021

_____________________________

BRUNO J. LOZANO

Mayor

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ATTEST:

_________________________________

MARIA C. ACOSTA

City Secretary


_________________________________ _________________________________________


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EXHIBIT A

LEASE AGREEMENT

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Exhibit A

85


InformationSubjectReceive and Discuss Operations & Compliance Auditor Job Description

AttachmentsJob Description

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OPERATIONS & COMPLIANCE AUDITOR

Full Time

$34.76 hourly rate

$72,300 Annual

JOB DESCRIPTION

JOB SUMMARY:

Under the direction of the City Manager, is responsible for planning, coordinating, investigating and

conducting reviews of citywide policies and procedures, along with assessing contract performance,

operational, contractual, and statutory compliance. Assists in developing and implementing special

projects and programs that have a broad impact citywide. Leads in performing project steps and

procedures to establish and maintain a strong internal control environment and review of operations to

safeguard City assets. This position requires work schedule flexibility as required to perform citywide

compliance audits.

ESSENTIAL JOB FUNCTIONS:

• Reviews policies and procedures, evaluates complex management controls, identifies control

weaknesses and formulates recommendations to improve the control environment.

• Monitors existing policies, processes, and procedures to ensure citywide compliance with

oversight requirements and management mandates.

• Prepares working papers and reports of findings, impacts and corrective action to be taken

before Council on a quarterly basis.

• Participates in special investigations, projects and programs requested by the City Council and

City Manager’s Office.

• Evaluates complex management controls; determines criteria; analyzes, reviews and validates

evidence; identifies issues; and makes recommendations to improve compliance.

• Researches and analyzes updates to Federal and State laws, and other governing directives,

policies and procedures pertaining to contracts and grants being reviewed.

• Conducts off-site compliance reviews.

• Measures customer service effectiveness and evaluates procedures and operations to include

but NOT limited to:

o Customer service

o Brush and trash pickup

o Meter reading

o Permitting

o Code Compliance

o Ordinance Violations

o Receipt and proper recording of funding from the rental/use of City facilities

o Others as directed from the City Council and City Manager’s office

• Makes on-site inspections of businesses for contractual and Ordinance compliance.

• Review and evaluate the use of city vehicles and equipment inventory to safeguard City assets.

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• Perform compliance reviews of the personnel policy and other citywide processes to be able to

streamline and set more efficient procedures.

• Reviews training programs for effectiveness; assist in developing additional training, if

necessary.

JOB REQUIREMENTS:

• Bachelor’s Degree from an accredited college or university with a major coursework in Business

Management, Business Administration, or Public Administration.

• Five (5) years of experience in city government.

• Three (3) years of experience in project management, public administration, financial analysis,

and/or project control.

KNOWLEDGE, SKILLS, AND ABILITIES:

• Knowledge of state and federal laws regulating governmental activities.

• Knowledge of departmental business operations with regards to management practices, inte rnal

controls.

• Skilled in communicating effectively in writing and orally.

• Ability to maintain integrity, objectivity, and independence and implement appropriate

standards of care in all scopes of work.

• Ability to maintain high ethical standards in difficult situations.

Preferred Qualifications:

• Proficient ability in use of Microsoft Office including Word, PowerPoint, Excel, and Access

• Familiar with GIS software.

• Preparing materials for elected officials.

• Grant coordination.

• Excellent time and project management skills.

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City Council Regular 10. a. Meeting Date: 10/12/2021 Submitted By: Maria Acosta, City Secretary, City Secretary

InformationSUBJECT:Approval of Meeting Minutes

August 17, 2021 - Special Meeting MinutesSeptember 28, 2021 - Regular Meeting Minutes

SUMMARY:

BACKGROUND:

DISCUSSION:

PROS:

CONS:

RECOMMENDATION:

Fiscal Impact

AttachmentsAug 17 2021 Spec Meeting Minutes Sept 28 2021 meeting minutes

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CITY OF DEL RIO, TEXASSPECIAL CITY COUNCIL MEETING

Council Chambers - City Hall109 West Broadway

August 17, 2021 - 6:00 P.M.MINUTES

1. Mayor Pro Tem Alfredo Carranza, Jr. Called the Meeting to Order at 6:00PM. 2. ROLL CALL

Present: Councilman Alfredo Carranza, Jr. Councilman James DeReus Councilman Raul Cardenas Ojeda Councilman J. P. Sanchez Councilwoman Alexandra Falcon Calderon Councilman Steven T. Webb

Absent: Mayor Bruno Lozano

Staff Present: John Sheedy, Manuel Chavez, Mari C. Acosta, Alberta Barrett, Flavio Aguilar,Esmeralda Meza, Oriana Fernandez, Elsa Reyes, Lorinda Castillo, Mario Garcia, andothers.

3. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS)

a. Discuss FY 2021-2022 Proposed Budget

Finance Director Alberta Barrett provided an update and additional information on the Property Tax

Revenues and the Rates. Mrs. Barrett also clarified that she previously stated that the CertifiedValues for this year were going to change, however the change was for the previous year. Thischanged the revenue calculation and the proposed tax rate, which Mrs. Barrett discussed andreviewed. Proposing a Total Tax Rate of $0.7070; which keeps us within the Voter Approval Rate.

Mrs. Barrett proceeded to thoroughly review the following: Properly Tax Rate Schedule/Impact to Tax Payer:

Proposing an M&O rate of $0.3580 and an Interest & Sinking rate of $0.3489 for a totalof $0.7070 as the new rateRecommend leaving the Collection Tax Rate at 94%; a conservative amount taking intoconsideration the latest COVID strain

With no questions from Council, Mrs. Barrett continued with a thorough review of theGeneral Funds highlighting new staffing positions and additional equipment; with arecommendation from Council directing the Interim City Manager to research other City AuditorPosition Salaries and Job Descriptions as well as considering changing the title. In closing,management of over-time was reiterated.

Next, Mrs. Barrett proceeded with the review of the Enterprise Funds. In regard to the GeneratorExpenses, Mrs. Barrett confirmed, that once the funds are recuperated through the American Rescue

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Plan the funds will be reimbursed to the Enterprise Funds. Councilman DeReus mentioned he has visited with Mrs. Barrett about researching andconsider lowering the water rates to the Non-Profit Cemeteries and will be presenting herfindings during the first Council Meeting in September.

Mrs. Barrett proceeded with the review of the Special Revenue Restrictive Funds. Exploring opportunities to extend additional HOT Funds to Casa de La Cultura and Councilfor the Arts was discussed. Also discussed, for future consideration, was the HOT Fundsapplication process, stipulations, and reporting of "heads-in-beds"; to better quantify and fairlydisburse HOT funds to organizations, with a recommendation to having a presentation of HOTFunds Training be brought back as a refresher.

Lastly, Mrs. Barrett reviewed the Debt Service Fund stating revenues are budgeted at $4,886,800keeping in mind this is the Interest & Sinking portion of the property tax revenues; $210,500 isthe cost paid to the Appraisal District for the Certified Tax Roll calculation and the County for theTax Collection Service. Transfer to the General Fund is budgeted at $200,000 and Debt Service fornext year is $4,380,200 adding $96,100 to the Debt Service Fund.

Mayor Pro Tem Carranza, closed the discussion summarizing that we are proposing to lowerthe tax rate and not have a tax increase, as it appears now; and acknowledged the hard workpresented by Mrs. Barrett and the Finance Staff.

4. There being no further business, Mayor Pro Tem Carranza adjourned the meeting at 8:07PM.

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CITY OF DEL RIO, TEXASREGULAR CITY COUNCIL MEETING

Council Chambers - City Hall109 West Broadway

September 28, 2021 - 6:30 P.M.MINUTES

1. Mayor Lozano Called the Meeting to Order at 6:30PM. 2. ROLL CALL

Present: Mayor Bruno Lozano Councilman Alfredo Carranza, Jr. Councilman James DeReus Councilman Raul Cardenas Ojeda Councilman J. P. Sanchez Councilwoman Alexandra Falcon Calderon Councilman Steven T. Webb

Staff Present: John Sheedy, Manuel Chavez, Cynthia Trevino-Special Council, Mari C. Acosta, AlbertaBarrett, Janice Pokrant, Albert Quintanilla, Esmeralda Meza, Oriana Fernandez, ElsaReyes, Mario Garcia

3. PLEDGE OF ALLEGIANCE & PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG: Recited 4. MAYOR/CITY COUNCIL

a. Discuss and Act on the Selection of the City Manager Application Review Committee and the NextSteps

Moved by Councilwoman Alexandra Falcon Calderon, Seconded by Councilman Steven T.

Webb motion was made to extend the application process for two additional weeks; allowing formore candidates to apply and directing the Interim City Manager to reach out to the San Angeloand Seguin City Managers requesting their participation in the committee.

AYE: Mayor Bruno Lozano, Councilman James DeReus, Councilman Raul CardenasOjeda, Councilwoman Alexandra Falcon Calderon, Councilman Steven T. Webb

OPPOSED: Councilman Alfredo Carranza, Jr., Councilman J. P. Sanchez MOTION PASSED

5. CITIZEN COMMENTS ON AGENDA: None presented. 6. COMMUNITY SERVICES

a. Golf Master Plan by Baxter Spann Assistant City Manager, Manuel Chavez, shared the history behind the Golf Course Master Plan and

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Assistant City Manager, Manuel Chavez, shared the history behind the Golf Course Master Plan andFeasibility Study, then turned the floor over to Baxter Spann of Finger Dye Spann, Inc whopresented a PowerPoint highlighting the Master plan Tasks which included:

Study existing course improvement needsDetermine what site constraints existDetermine whether 18-holes fit on available propertyDetermine probable costs for implementation of plansDetermine likely operational costs and revenuesProvide economic feasibility analysis

The presentation also highlighted recommendations for the existing course and four studyrecommendations that were presented to the Del Rio Golf Commission for their consideration andrecommendation to Council. In conclusion, Mr. Spann stated the City must decide whether itwishes to preserve the historic San Felipe Springs Golf Course and continue to provide theamenity of golf to its residents and visitors; if so, some level of investment and ongoing subsidy isrequired to restore and maintain the facility in a form that is attractive and marketable.

b. Golf Master Plan Recommendations by the San Felipe Springs Golf Course Commission

Golf Superintendent and former Del Rio Golf Commission Member, Eddie Ochoa, reported on

behalf of the Golf Commission that in consensus; the Golf Commission recommends investing thecurrent funds, already allocated, towards improving the current 9-holes and work towardsdeveloping the additionally 9-holes in the future. Councilman DeReus quantified the recommendation, reiterating the Golf Commissions'recommendation. .

c. O:2021-106 An Ordinance of the City of Del Rio, Texas, Amending Chapter 19.5- Parks, Recreation

and Public Gatherings Places, Article III, Division 1 and Division 2 od the City Code of Ordinancesfor the Management and Operations Related to Brown Plaza

Moved by Mayor Bruno Lozano, Seconded by Councilwoman Alexandra Falcon

Calderon motion was made to approve O: 2021-106 as presented; after acknowledgment from theInterim City Manager that a meeting was held with the Brown Plaza Association representativesand all concerns have been addressed.

AYE: Mayor Bruno Lozano, Councilman Alfredo Carranza, Jr., Councilman RaulCardenas Ojeda, Councilman J. P. Sanchez, Councilwoman Alexandra FalconCalderon, Councilman Steven T. Webb

OPPOSED: Councilman James DeReus MOTION PASSED

d. O:2021-105 An Ordinance Authorizing the Appropriation of Funds from the General Fund to Val

Verde County and Approving an Interlocal Agreement with Val Verde County for Funding theCounty's Family Violence Shelter Program

Moved by Mayor Bruno Lozano, Seconded by Councilman J. P. Sanchez motion was made to

approve O: 2021-105 as presented.

AYE: Mayor Bruno Lozano, Councilman Alfredo Carranza, Jr., Councilman James DeReus,Councilman Raul Cardenas Ojeda, Councilman J. P. Sanchez, Councilwoman AlexandraFalcon Calderon, Councilman Steven T. Webb

MOTION PASSED - Unanimously 93

e. O:2021-098 An Ordinance Allocating Money from the General Fund to the Community Services

Budget for Distribution to the Bethel Center of Val Verde, Inc. and Approving a Contract for Services

Moved by Mayor Bruno Lozano, Seconded by Councilman Steven T. Webb motion was made to



MOTION PASSED - Unanimously

f. R:2021-133 A Resolution Authorizing and Directing the Interim City Manager to Accept the AARP

Host Agency Agreement with the AARP's Foundation Senior Community Service EmploymentProgram


approve R: 2021-133 as presented.



g. R:2021-132 A Resolution Ratifying the Acceptance of the Section 5311 Federal Grant for the City of

Del Rio Transportation Program from the Texas Department of Transportation

Moved by Mayor Bruno Lozano, Seconded by Councilman Raul Cardenas Ojeda motion was

made to approve R: 2021-132 as presented.



7. ASSISTANT CITY MANAGER

a. Presentation by Justin Bragiel from the THLA (Texas Hotel and Lodging Association) on the Use ofHotel Occupancy Tax Revenues

Justin Bragiel of the Texas Hotel and Lodging Association gave a high-level presentation regarding

the use of Hotel Occupancy Tax Revenues.

Mayor Lozano called for a brief recess at 8:12PMMayor Lozano reconvened the meeting at 8:20PM

b. O:2021-100 An Ordinance Authorizing the Use of Hotel Occupancy Tax Revenue Pursuant to Tax

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b. O:2021-100 An Ordinance Authorizing the Use of Hotel Occupancy Tax Revenue Pursuant to TaxCode Section 351.001 for the International Good Neighbor Council - Del Rio Chapter Fiesta DeAmistad Celebration for Expenses that Promote Tourism and the Convention and Hotel Industry





c. R:2021-131 A Resolution Authorizing the Interim City Manager to Execute a Hangar Keepers Lease

Agreement for the Land Beneath Hangar C-14 and C-15





d. R:2021-135 A Resolution by the City Council of the City of Del Rio, Texas Authorizing the Interim

City Manager to Execute a Lease Agreement for the Purpose of Temporary Shelter for LawEnforcement Personnel with U.S. Customs and Border Protection; and Authorizing any AdditionalActions Reasonably Necessary therewith; Providing a Severability Clause and Establishing anEffective Date





8. FINANCE

a. Discussion and possible action on lowering the sprinkler rates to align with the residential water rates. Finance Director, Alberta Barrett, stated that at the direction received from Council, staff reviewed

the possibility of lowering the residential sprinkler rate that is currently at $5.50 per 1,000 gallonconsumption rate to what the residential consumption use rate is currently at, which is $3.29 per1,000 gallons. Mrs. Barrett further noted; that on an annual bases the cost, depending onconsumption, would be about $200,000 to 300,000 and to recuperate this cost, there would be aneed to increase the residential water rate by 6%-7% which would be about a $0.25 increase on theper 1,000 rate,

Councilman DeReus commented that it makes no sense, that because someone has a sprinklersystem from the same water source, that they would have to pay a ton more.

95

Moved by Councilman James DeReus, Seconded by Councilman Alfredo Carranza, Jr. motionwas made to make the sprinkler rate the same as the residential water rate per 1,000 gallons. *Anordinance will be brought back to ratify this action.



Mrs. Barrett asked for clarification on Council's direction for recuperating this cost.

Councilman DeReus stated his motion stands alone and that at least for this next year this would bea perfect and valid use of the excess fund balance that has been talked about.

b. Discussion on Lowering the Residential Sprinkler Rates.

This was a duplicate agenda item and discussed under item 8.a.

c. O:2021-101 An Ordinance of the City of Del Rio to Amend the Fiscal Year 2020-2021 Budget;Establishing a Severability Clause; and Providing an Effective Date

Moved by Mayor Bruno Lozano, Seconded by Councilman Alfredo Carranza, Jr. motion was

made to approve O: 2021-101 as presented; with the directive to bring back HOT FundsAllocation recommendations for further discussion and consideration.



d. O:2021-099 An Ordinance in Accordance with the Del Rio City Charter and State Law Providing for

the Adoption of a Budget for the City of Del Rio for the Fiscal Year Commencing on October 1,2021 and Ending on September 30, 2022; Providing for the Appropriation of all Funds During SaidFiscal Year for the Operation of the City of Del Rio Governmental, Debt Service, Capital Projects,Enterprise, Special Revenue, and Internal Service Funds


adopt the proposed budget as the budget for the fiscal year 2021-2022; with a record vote taken asfollows:




ratify the property tax increase reflected in the budget for fiscal year 2021-2022; with a recordvote taken as follows:

AYE: Mayor Bruno Lozano, Councilman Alfredo Carranza, Jr., Councilman James DeReus,96



e. O:2021-103 An Ordinance in Accordance with the Del Rio City Charter and State Law Providing for

the Adoption of a Tax Rate for the 2021 Tax Year for the Purpose of Imposing the Amount of TaxesNeeded to Fund the Maintenance and Operation Expenditures of the General Government of the Cityof Del Rio for the Fiscal Year Commencing on October 1, 2021 and Ending September 30, 2022;Providing for the Levy of Taxes On and Against All Taxable Property in the City of Del Rio, Texas;and Providing for an Effective Date

Moved by Mayor Bruno Lozano, Seconded by Councilman Steven T. Webb motion was made,

that the property tax rate be adopted at a tax rate of $0.7070; a record vote was taken as follows:



Moved by Mayor Bruno Lozano, Seconded by Councilman Raul Cardenas Ojeda motion was

made that the Maintenance and Operations component of the tax rate be set at $0.358094 per$100 valuation. This tax rate will raise more taxes for maintenance and operations than last year’stax rate. The tax rate will effectively be raised by 5.98 percent and will raise taxes formaintenance and operations on a $100,000 home by approximately $15.84; a record vote wastaken as follows:



f. O:2021-104 An Ordinance in Accordance with the Del Rio City Charter and State Law Providing for

the Adoption of a Tax Rate for the 2020 Tax Year for the Purpose of Imposing the Amount of TaxesNeeded to Pay the City's Debt Service for the Fiscal Year Commencing on October 1, 2021 andEnding September 30, 2022; Providing for the Levy of Taxes On and Against All Taxable Property inthe City of Del Rio, Texas; and Providing for an Effective Date


made that the Interest and Sinking component of the tax rate be set at $0.348906 per $100valuation; a record vote was taken as follows:



g. O:2021-096 An Ordinance Authorizing and Directing Interim City Manager to Award a Five-Year

Agreement to Texas Chiller Systems in the amount of $342,516 Through CooperativeProgram Goodbuy, Contract ID #20-22 7D000

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approve O: 2021-096 as presented:



h. O:2021-102 An Ordinance Amending Ordinance No. 2021-064, Dated May 25, 2021, in Accordance

with the Del Rio City Charter Amending Chapter 29 of the City of Del Rio Code of OrdinancesAmending and Establishing Rates for Water Services and Providing for an Effective Date

Moved by Mayor Bruno Lozano, Seconded by Councilman James DeReus motion was made to




9. POLICE

a. Chief of Police Swearing-In Ceremony - Frank R. Ramirez Judge Pro Tem, Gail Schroeter administered the Oath of Office to newly appointed Del Rio Chief of

Police, Frank Ramirez. Chief Ramirez addressed Council, thanking them for the opportunity to serve.

Mayor Lozano and Council welcomed Chief Ramirez; followed by Mayor Lozano calling themeeting into recess at 8:54PM for a brief cake reception welcoming the Chief.Mayor Lozano reconvened the meeting at 9:04PM

10. HUMAN RESOURCES

a. R:2021-136 A Resolution Providing for the Appointment of a Member of the Police Officer’s andFire Fighter’s Civil Service Commission, Place 3 for the City of Del Rio


made to approve R: 2021-136 as presented; appointing Donald Fernandez to the Civil ServiceCommission, Place 3.



11. ECONOMIC DEVELOPMENT

a. R:2021-127 A Resolution by the City Council of the City of Del Rio, Texas to Authorize Funding

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a. R:2021-127 A Resolution by the City Council of the City of Del Rio, Texas to Authorize Fundingfrom the Del Rio Economic Development Corporation (DREDC) to Support Marketing Efforts byand Through American Airlines

Note: This agenda item was held and acted on following Executive Session discussion.

Moved by Mayor Bruno Lozano, Seconded by Councilman J. P. Sanchez motion was made toapprove R: 2021-127 as presented.



b. R:2021-128 A Resolution Providing for the Appointment of Members to the Del Rio Economic

Development Corporation (DREDC) Board of Directors Places 1, 3, and 9


Calderon motion was made to approve R: 2021-128 as presented appointing. Mr. Andy Mitchellto Place 1, Mrs. Sarah Chen to Place 3 and re-appointing Mr. Eddie Amezcua, Jr. to Place 9.(Councilman Ojeda was not present during this vote)

AYE: Mayor Bruno Lozano, Councilman Alfredo Carranza, Jr., Councilman James DeReus,Councilman J. P. Sanchez, Councilwoman Alexandra Falcon Calderon, CouncilmanSteven T. Webb

Other: Councilman Raul Cardenas Ojeda (ABSENT) MOTION PASSED - Unanimously

c. R:2021-130 A Resolution to Authorize Funding from the Main Street Facade Assistance Grant

Program in the amount of $10,000 to Support the Facade Improvement Project at La HaciendaRestaurant located at 330 Pecan Street


Calderon motion was made to approve R: 2021-130 as presented.



12. LEGAL

a. R:2021-134 A Resolution of the City Council of the City of Del Rio, Texas ("City") Joining with theState of Texas and Political Subdivisions of the State as a Party in the Texas Opioid SettlementAgreements Secured by the Office of the Attorney General; Authorizing the Mayor/ City Manager toExecute Settlement Participation forms; and Establishing an Effective Date

Moved by Mayor Bruno Lozano, Seconded by Councilman James DeReus motion was made to


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13. CONSENT AGENDA

This is a procedure to help facilitate the meeting with a CONSENT AGENDA. One motion willapprove all action items, noted as consent. These are routine matters which are repeated on theagenda. Approval means they will be implemented as recommended by the administration. Prior toacting on the consent agenda, any Councilmember may have a consent item withdrawn from thisportion of the agenda so that it may be discussed prior to action.

a. R:2021-129 A Resolution Authorizing and Directing the Interim City Manager to Reject all Bids

Received for the Annual Bid for Natural Gas System Supplies for Fiscal Year 2021-2022

b. O:2021-097 An Ordinance Authorizing and Directing the Interim City Manager to Award the Annual

Water/Wastewater Supplies and Materials Annual Contract for Fiscal Year 2021-2022 to FortilineWaterworks and Core & Main

c. Approval of Minutes:

September 14, 2021 Regular Meeting MinutesSeptember 21, 2021 Special Meeting Minutes


approve the Consent Agenda Items as presented.



14. EXECUTIVE SESSION Mayor Lozano called the meeting into Executive Session at 9:09PM

Mayor Lozano reconvened the meeting into Open Session at 10:13PM; noting no action was takenduring Executive Session.

a. Personnel Matters--Del Rio Economic Development Corporation (DREDC) Applicant Pool

Interviews

Council acknowledged and thanked the pool of candidates who applied for a place on the DREDC

Committee and took Action under Agenda Item 11.b.

b. Attorney Consultation Pursuant to Government Code Section 551.071, Consultation with Attorney, toDiscuss and Receive Advice on the Status of the Franchise Agreement, and Pending or ContemplatedLitigation with Red River Waste Solutions.

No further discussion/no action.

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No further discussion/no action. 15. There being no further business for discussion, Mayor Lozano adjourned the meeting at 10:15PM.

101

City Council Regular 10. b. Meeting Date: 10/12/2021 Submitted By: Luis Menchaca, Purchasing Agent, Finance

InformationSUBJECT:O:2021-108 An Ordinance Authorizing and Directing the Interim City Manager to Award a Contract for theAnnual Bid for Water Treatment Chemicals to NAPCO Chemicals Co. and DPC Industries

SUMMARY:Discussion and possible action on an ordinance to authorize and direct the Interim City Manager to award a bidfor Water Treatment Chemicals for the City's Water Production and Wastewater Treatment Departments forFiscal Year 2021-2022.

BACKGROUND:R:2021-088, a resolution by the City Council of the City of Del Rio, Texas approving and authorizing the CityManager to give notice and advertise the water treatment chemicals request for bids for Fiscal Year 2021-2022;authorizing any additional actions reasonably necessary therewith; providing a severability clause andestablishing an effective date, was approved on July 27, 2021. The Public Notice of Request for Bids was postedat the Val Verde County doors on July 30, 2021. The Public Notice was also posted on the Val Verde Countyand City of Del Rio websites. The information for the Request for Bids was sent to firms who specialize inproviding these items in order to ensure the City of Del Rio obtained viable bids for these items. The opening forthis posting was scheduled for opening on August 31, 2021, at 2:20 PM. The City of Del Rio did not receive anybids for this posting. The Public Notice for this request for bids was posted a second time posted at the Val VerdeCounty doors on September 13, 2021. The Public Notice was also posted on the Val Verde County and City ofDel Rio websites. The information for the Request for Bids was sent to firms who specialize in providing theseitems in order to ensure the City of Del Rio obtained viable bids for these items, including both incumbents.

DISCUSSION:The City of Del Rio opened bids on October 4, 2021 at 2:30 PM. The City of Del Rio received a total of threesubmittals, one being a "no Bid" letter and the other two were received as follows:

Liquid Sodium Hypochlorite Chlorine Gas CylindersNAPCO Chemical $0.92 Per Gallon No BidDPC Industries $1.3350 Per Gallon $250.00 Per Cylinder + $10.00/ Month RentalUsage for Liquid Sodium Hypochlorite is estimated at 54,000 gallons a year. Chlorine Gas Cylinders aredelivered in cylinders of 150 LBs and the approximate annual usage is 240 cylinders. Staff has reviewed the bidsreceived and feel confident in recommending the annual contract be awarded to NAPCO Chemicals Co., forLiquid Sodium Hypochlorite, and DPC Industries, for Chlorine Gas Cylinders. Effective Dates would be October13, 2021, to September 30, 2022.

PROS:The purchase of chlorine water and wastewater treatment chemicals is a vital role in controlling bacteria andviruses in water that can cause illness. The purchase of chlorine water and wastewater treatment chemicalsthrough open competition will allow the City to obtain such at the best cost to the City.

CONS:There are no cons associated with the approval of this ordinance.

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RECOMMENDATION:Approval of this Ordinance.

Fiscal Impact

Summary:Funds are included in the FY 2021-2022 Budget within various departments for these expenditures.

AttachmentsO:2021-108 Bid For Water Treatment Chemicals Bid Tab

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An Ordinance Authorizing and Directing the Interim City Manager to Award a Contract for the

Annual Bid for Water Treatment Chemicals to NAPCO Chemicals Co. and DPC Industries

WHEREAS, R:2021-088, a resolution by the City Council of the City of Del Rio, Texas approving and authorizing the City Manager to give notice and advertise the water treatment chemica ls

request for bids for Fiscal Year 2021-2022; authorizing any additional actions reasonably necessary therewith; providing a severability clause and establishing an effective date, was

approved on July 27, 2021; and WHEREAS, the public notice of request for bids was posted at the Val Verde County doors on July

30, 2021; and

WHEREAS, the City of Del Rio received no bids and Request for Bids was posted a second time; and

WHEREAS, the public notice for this request for bids was posted a second time posted at the Val Verde County doors on September 13, 2021; and

WHEREAS, the City of Del Rio opened bids on October 4, 2021 at 2:30 PM; and

WHEREAS, staff has reviewed the bids received and feel confident in recommending the annual contract be awarded to NAPCO Chemicals Co., for Liquid Sodium Hypochlorite, and DPC

Industries, for Chlorine Gas Cylinders with effective dates of October 13, 2021, to September 30, 2022; and

WHEREAS, City Council finds that the award of bid as provided for herein is in the best interest of the health, safety and welfare of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

DEL RIO, TEXAS, THAT:

Section 1. The City Council approves an ordinance authorizing and directing the Interim City

Manager to award the annual contract for water treatment chemicals to NAPCO Chemical for

Liquid Sodium Hypochlorite and DPC Industries for Chlorine Gas Cylinders. The Interim City Manager is authorized to execute the respective contracts for and on behalf of the City.


recitals are hereby made a part of this Ordinance for all purposes and are adopted as part of the judgment and finding of the City Council.

Section 3. 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.

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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.


circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid

provision.

Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was

given, all as required by Chapter 551, Texas Government Code, as amended.

Section 7. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained.


ATTEST:

BRUNO J. LOZANO

Mayor

MARIA C. ACOSTA

City Secretary


JOHN A. SHEEDY, IV DNRBZ, PC

Interim City Manager Interim City Manager

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City Council Regular 12. a. Meeting Date: 10/12/2021 Submitted By: Manuel Chavez, Asst. City Manager

InformationSubject The City Council will Deliberate in Closed Session Pursuant to Government Code Section 551.074, PersonnelMatters, to Discuss and Deliberate the Employment, Appointment, and Duties of the City Manager Position

RECONVENE SESSION:The City Council will Reconvene into Regular Session upon Conclusion of the Executive Session and MayRecall any Item Posted for Executive Session for Action, as Necessary


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CITY OF DEL RIO, TEXAS REGULAR CITY COUNCIL MEETING ...

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