City Council December 6, 2011 Agenda Packet

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, December 6, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!

I. OPEN SESSION (9:00 A.M.)

A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Veterans Memorial Drive” dedication on December 7, 2011, to be accepted by Darrell Elliott,
Commander, VFW Post 1815
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.

II. SPECIAL AGENDA

1. Public hearing to receive comments from the public regarding proposed redistricting Illustrative Plans
concerning proposed new boundaries for City of San Angelo councilmember districts
2. Discussion and possible action to consider and adjust proposed redistricting plans
3. Discussion and possible action to adopt a Resolution adopting the final redistricting plan, and to
authorize redistricting legal counsel to seek Voting Rights Act Section 5 preclearance of adopted plan
III. CONSENT AGENDA

4. Consideration of approving the November 15, 2011 City Council Regular meeting minutes

5. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any
City Council Agenda Page 1 of 5 December 6, 2011
REVISED: 12/2/2011 11:17 AM

necessary related documents:
a. VM-10-11: Two (2) Forklifts, Cisco Equipment (San Angelo, TX), $103,022.00
b. VM-23-11: Police Patrol Vehicles, HGAC/Dallas Dodge (Dallas, TX) #VE03-06, $429,220.00
6. Consideration of authorizing the City Manager or his designee to execute Task Order No. 16, and all
related documents, between the City of San Angelo and KSA Engineers for architectural/engineering
services (AP-01-10) associated with the terminal building renovations project in the amount of
$354,526.00 at San Angelo Regional Airport
7. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed authorizing sale of
Tax Lot(s) at 37 W 21st Street, (Green), Lot 2, Block 27, Lasker Addition, $2,500, Suit No. B-05-0070-T

8. Consideration of authorizing the sale of the property located at 6002 Knickerbocker Road, Glen
Meadows Baptist Church, Lot 1, Group, for the appraised value of $312,358.00 and authorizing the
Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to
the sale of subject properties, subject to completion of all curative requirements
9. Consideration of approving a Memorandum of Understanding (MOU) Agreement between the City of
San Angelo and the Department of State Health Services, Health Service Region 9/10, whereby in the
event of a Public Health Emergency event in the State of Texas, local and regional health and medical
infrastructure and associated resources will be quickly committed to providing the necessary treatment
and supporting strategies to effectively respond to a potential evolving event or to support the response
to an actual event, and authorizing the Mayor and/or City Manager to execute said agreement

10. Consideration of authorizing the City Manager or his designee to negotiate and execute an Agreement
with Metropolitan Planning Organization by and between the City as Fiscal Agent, the Texas
Department of Transportation, and the San Angelo Metropolitan Planning Organization Policy
Committee, providing for urban district transportation planning and superseding prior agreements
between the parties

11. Consideration of approving a maintenance service contract for San Angelo Public Safety
Communications in the amount of $137,861.96 for calendar year 2012 between the City of San Angelo
and Intergraph authorizing 24/7 technical support and authorizing the City Manager or his designee to
execute said maintenance contract and any renewal contract thereafter provided the cost does not
increase more than 4% each subsequent year

12. Second Hearing and consideration of adoption of an Ordinance amending Ordinance #2011-09-116,
previously authorized to execute abandonment of an alley in Fairview Addition, Block 50
AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER
18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
ALLEY, TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH
ARCHER STREET TO NORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION,
RUNNING PARALLEL TO AND SOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN
NORTHEASTERN SAN ANGELO; AUTHORIZES THE CONVEYANCE THEREOF TO THE
ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE
AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY
REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES
FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.
13. Second Hearing and consideration of adoption of an Ordinance changing the name of River Drive,
extending from 14th Street to Irving Street, to Veterans Memorial Drive

REVISED: 12/2/2011 11:17 AM

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS
INTERSECTION WITH THE 14TH STREET RAMP NORTH OF 14TH STREET ON THE WEST
TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO
“VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE
14. Second Hearing and consideration of adoption of an Ordinance changing the name of 50th Street,
extending from Grape Creek Road to Armstrong Street, to Lake View Heroes Drive

AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS
INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH
ARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES
DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE
IV. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

G. PUBLIC HEARING AND COMMENT

15. Consideration of awarding bid no. AP-04-11 for Airport terminal reconstruction to Templeton
Construction Co. in the amount of $5,925,715.00 and authorizing City Manager or his designee to
execute any necessary related documents
(Presentation by Airport Director Luis Elguezabal)
16. Consideration of the development of a “Harmony Place” at Firefighter’s Memorial City Park to include
the installation of a series of high quality and durable musical instruments provided by Children for a
Peaceful World through their fundraising efforts and any action related thereto
(Presentation by Parks and Recreation Director Carl White)
17. Consideration of approval and public hearing of the 2010 Consolidated Annual Performance and
Evaluation Report (CAPER)
(Presentation by Neighborhood and Family Services Director Bob Salas)

18. Discussion and consideration of repairs to the Animal Services Crematorium / Incinerator and any
action thereto
(Presentation by Health Services Manager Sandra Villarreal)
19. First public hearing and consideration of introduction of an Ordinance of the City of San Angelo,
Texas, providing for the annexation of territory generally described to be approximately 1310 total
acres located northeast of the existing city’s corporate limits, composed of the following: 128 acres out
of J. Fenner survey 1, 77 acres out of bullock survey 10, 329 acres out of Mrs. Julia A. Egglestone
survey 2, 29 acres out of J. Pocintevent survey 1113, 653 acres out of Washington County Railroad Co.
surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas,
being within the extra territorial jurisdiction of the city and adjacent and contiguous to the present
REVISED: 12/2/2011 11:17 AM

corporate limits of the City of San Angelo; finding that all necessary and legally required conditions
have been satisfied; describing the territory annexed and extending the corporate limits of the City of
San Angelo, Texas to include the annexed territory; providing a service plan therefore; obligating the
property situated therein to bear its pro-rata part of taxes levied; providing rights and privileges as well
as duties and responsibilities of inhabitants and owners of said territory; providing a severability clause
and providing an effective date
(Presentation by Planning Manager AJ Fawver)

20. Consideration of adopting a Resolution authorizing the City Manager to execute a temporary
nonexclusive Sidewalk Use License Agreement with Phyllis Cox for sidewalk café use at 123 and 125
S. Chadbourne Street and such other instruments as may be necessary or convenient for carrying out
such purposes; and, finding a public purpose and benefit therein
(Presentation by Development Coordinator Robert Schneeman)

21. First public hearing and consideration of introduction of an Ordinance amending chapter 12.900
entitled “Tax Increment Reinvestment Zone” of the San Angelo Code of Ordinances by amending
section 12.902, entitled “Tax Increment Reinvestment Zone Boundaries”; providing for severability;
and, providing for an effective date
(Presentation by Community and Economic Development Director Shawn Lewis)
22. Discussion and consideration of the Fiscal Year 2012 budgeted capital funding as it relates to the 2011-
2016 Capital Improvement Plan for the City of San Angelo
(Presentation by Finance Director Michael Dane)
23. Consideration of adopting a Resolution casting votes for one nominee or distributing them among
nominees for a position on the Board of Directors of the Tom Green County Appraisal District for the
January 1, 2012 through December 31, 2013 term of office
(Presentation by City Clerk Alicia Ramirez)
24. Consideration of authorizing the City Manager to negotiate and execute a Memorandum of
Understanding in the preparation, adoption and implementation of an agreement for joint election and
for election services, for the sharing of costs of holding a joint election, and for the acquisition or lease
of election equipment including electronic voting machines
(Presentation by City Manager Harold Dominguez and City Clerk Alicia Ramirez)

25. Consideration of adopting a Resolution designating polling places within the election precincts within
the City of San Angelo, Texas for elections ordered; providing for pre-clearance and all other necessary
actions; and providing for an effective date
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES

26. Consideration of matters discussed in Executive/Session, if needed;
Consideration of an offer of economic incentives to a medical device company considering locating in San
Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and lease
assistance and any action in connection thereto
27. Consideration of Future Agenda Items
28. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
REVISED: 12/2/2011 11:17 AM

551, Thursday, December 1, 2011, at 2:30 P.M.

_____________________________
Bryan Kendrick, Deputy City Clerk

REVISED: 12/2/2011 11:17 AM

PROCLAMATION

WHEREAS, The City Council of The City of San Angelo, Texas supports all Veterans of Tom
Green County, for their significant service and self-sacrifice to the United States
of America and our community; and,

WHEREAS, we recognize that all our Veterans have given something of themselves to this
country – and some have given all – laying down their lives to defend the
freedoms we hold so dear; and,

WHEREAS, more than 10,000 veterans live in San Angelo and the surrounding area; and

WHEREAS, the naming of a street would serve as a special, lasting commemoration of their
service and would mean a great deal to these Veterans and their families who call
San Angelo home; and

WHEREAS, the dedicated street would serve as a reminder to all who travel through the area,
of the many patriotic and wonderful people who live in this community.

NOW, THEREFORE, I Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City
Council, do hereby proclaim Wednesday, December 7, 2011 as the dedication and renaming of
“River Drive” extending from its intersection with 14th Street on the West to its intersection with
Irving Street on the East, shall now be known as

“VETERANS MEMORIAL DRIVE”

And I encourage all citizens to recognize the valor and sacrifice of our veterans and to
acknowledge and thank the many Veterans, both past and present, for their commitment to the
citizens of San Angelo.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City to be affixed
this 6th day of December, 2011.

THE CITY OF SAN ANGELO

__________________________________
ALVIN NEW, MAYOR

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
ANGELO, TEXAS, APPROVING THE REDISTRICTING OF THE
CITY’S SINGLE-MEMBER COUNCIL DISTRICTS AND
ESTABLISHING NEW DISTRICT BOUNDARY LINES BASED ON 2010
CENSUS DATA FOR SAN ANGELO CITY COUNCIL ELECTIONS;
DIRECTING THE CITY’S REDISTRICTING CONSULTANT TO
SUBMIT THE ADOPTED PLAN FOR PRECLEARANCE UNDER
SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; AND
PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the results of the 2010 federal Census have been considered and indicate
that the City of San Angelo’s single-member council districts are sufficiently out of population
balance to require redistricting in order to comply with the “one-person, one-vote” (equal
population) principle established by the U.S. Constitution; and

WHEREAS, the City of San Angelo (the “City”) engaged the law firm of Bickerstaff
Heath Delgado Acosta LLP to act as the City’s redistricting consultant, including advising and
assisting the City Council in preparation of a new redistricting plan in compliance with
applicable requirements of state and federal law; and

WHEREAS, on April 19, 2011, the City Council adopted redistricting criteria to assist
the City and the public in developing redistricting plans which comply with applicable federal
and state laws, and the adopted redistricting criteria were applied in the development of the
City’s new redistricting plan; and

WHEREAS, on April 19, 2011, the City Council also adopted redistricting guidelines
regarding the submission of comments and proposed plans by the public, to ensure the ability of
the City to timely receive and adequately consider them; and

WHEREAS, during the redistricting process the City provided notice to the public of its
proposed discussions and development of a redistricting plan through meeting agendas posted in
compliance with the Texas Open Meetings Act, notices on the City’s website, and publication of
newspaper notices as well as providing certain individual notices regarding public hearings; and

WHEREAS, the City Council has considered the proposed redistricting plan at City
Council meetings on June 23, 2011, August 24, 2011, August 30, 2011, and November 15, 2011
and at public hearings held on November 28, 2011 and December 6, 2011, and has considered
oral testimony, written comments, reports from the City’s redistricting consultant, and various
proposed plans regarding the appropriate reconfiguration of the council member districts; and

WHEREAS, the City Council finds that the attached city council district redistricting
plan is in the best interest of the citizens of the City, complies with the adopted redistricting
criteria, and is believed to comply with all state and federal requirements, including requirements
for preclearance under Section 5 of the federal Voting Rights Act;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN ANGELO, TEXAS:

A. That the existing single-member council district boundary lines for the City of
San Angelo are hereby amended, and the new districting plan depicted on the map attached
hereto as Exhibit A, defining new districts, as such new districts are further described in the
tables attached hereto as Exhibit B reporting populations and demographic statistics for each
such new district, is hereby adopted and designated to define the City’s six [single-member
council districts from and after the Effective Date; that Exhibits A and B are incorporated by
reference in and made a part of this RESOLUTION, and shall be kept on file in the City Clerk’s
Office; and, further, that the City’s redistricting consultant is hereby authorized and directed to
submit the adopted plan to the United States Department of Justice for preclearance under the
Section 5 of the Voting Rights Act.

B. That this RESOLUTION shall take and be given effect immediately upon
preclearance of the adopted plan under Section 5 of the Voting Rights Act; and that thereafter all
San Angelo City Council elections shall be held under and in accordance with the new single-
member council district districting plan here adopted by the City Council and precleared by the
Department of Justice, until such time as a subsequent lawfully-enacted districting plan shall be
adopted to replace this plan and has been precleared under Section 5 or its successor statute, as
applicable.

PASSED AND APPROVED by the City Council of the City of San Angelo, Texas this
______ day of _________, 2011.

CITY OF SAN ANGELO, TEXAS

_______________________________
Alvin New, Mayor

ATTEST:

_________________________________
Alicia Ramirez, City Clerk

APPROVED AS TO FORM:

_______________________________
Lysia H. Bowling, City Attorney

2

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 1
Tuesday, November 15, 2011 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:06 A.M., Tuesday, November 15,
2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:

Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Mr. Tom Woods of Immanuel Baptist and pledge was led by Aidan Kendrick, 3rd
Grader at TLC Academy.

PROCLAMATION
“Concho Christmas Celebration Day”, Saturday, December 3, 2011, was accepted by Lee Pfluger, Chairperson
of the Community Committee for Concho Christmas Celebration.
PUBLIC COMMENT
Councilmember Farmer commended the Ft. Concho Museum Manager Robert Bluthardt and the Ft. Concho
staff for their successful Veteran’s program held on the weekend of November 11, 2011.
Mayor New commented on the recent Rental Housing oversight initiative and proposed ordinance by the
Neighborhood & Family Services staff. He addressed the article in the local newspaper and remarked on the
process. He suggested staff hold more public hearings at various locations and address any concerns with City
Council in order to educate all involved, specifically on the details of such ordinance. Assistant City Manager
Elizabeth Grindstaff responded staff is investigating the issues presented by West Texas Organizing Strategy
Representative (WTOS) Craig Meyers and the public meetings are meant to gather information on the subject.

CONSENT AGENDA

APPROVAL OF THE NOVEMBER 1, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARDING BID(S) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ANY NECESSARY RELATED DOCUMENTS:
PK-03-11: Rio Vista Park Renovation Project Playground Equipment, Exerplay, Inc. (Cedar Crest, NM),
$54,616.70
VM-22-11: Zero Turn Mowers, Cross Texas Supply (San Angelo, Texas ), $26,878.00
WU-11-11: Industrial Electric, Mike Verfurth Electric (San Angelo, Texas), $65.00/hour minimum charge
and other rates, as assigned
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENTS WITH
THE TOM GREEN COUNTY FOR MONETARY SUPPORT OF THE COUNTY’S MENTAL HEALTH

Minutes
Vol. 103 November 15, 2011

UNIT AND CRISIS INTERVENTION UNIT
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF TAX LOTS: (ANNEX A, PAGE , RESOLUTION #2011-11-???R & ANNEX B, PAGE ,
RESOLUTION #2011-11??-???R)
29 E 25th Street, (Ramirez), 0.376 acres o/o NW corner of J.B. Harrison Subdivision, F.E. Cramer
Survey #318, Abstract 112, $3,000, Suit No. B-07-0027-T
Corner Blaze/Richter, (Jessop), Lots 3 & 4, Block “B”, Spencer Addition #1, $2,924, Suit No. B-06-
0207
ADOPTION OF A RESOLUTION AUTHORIZING SALE OF TAX RESALE LOT OF TOM GREEN
COUNTY: (ANNEX C, PAGE , RESOLUTION #2011-11-???R)
2005 Shelton Street, (Brown), S ½ of E ½ of Lot 3, Block 4, Home Acres Addition, $500, Suit No. TAX87-
0003-B
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL
LEASE AGREEMENT NO. 4 TO LEASE NO. GS-07B-15244, AND ALL RELATED DOCUMENTS,
BETWEEN THE CITY OF SAN ANGELO AND GENERAL SERVICES ADMINISTRATION (GSA) AT
SAN ANGELO REGIONAL AIRPORT
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE
A THIRD AMENDED CONCESSION AGREEMENT WITH SAN ANGELO HOST, INC. EXTENDING
THE TERM OF THE CURRENT CONCESSION AGREEMENT FOR AN ADDITIONAL FIVE YEARS
PURSUANT TO THE OPTION THEREFORE IN THE CURRENT AGREEMENT, AND AMENDING
THE TERMS THEREOF PROVIDING FOR THE DISPENSING OF FOOD, NON-ALCOHOLIC
BEVERAGES, AND ALCOHOLIC BEVERAGES IN CERTAIN FACILITIES OWNED BY THE CITY
OF SAN ANGELO
Councilmember Farmer and Adams requested VM-22-11 and the WEBEOC items be considered in Regular
Session. Council concurred.
Motion, to approve the Consent Agenda, as presented, with the exception of VM-22-11 and the WEBEOC
items, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried
unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AWARD OF BID VM-22-11 FOR ZERO TURN MOWERS FROM CROSS TEXAS SUPPLY (SAN
ANGELO, TEXAS), IN THE AMOUNT OF $26,878.00 AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:
Councilmember Farmer recused herself from the vote and left the meeting at 9:19 A.M.
Motion, to approve, as presented was made by Councilmember Hirschfeld and seconded by Councilmember
Adams. Motion carried unanimously.

Councilmember Farmer returned to the meeting at 9:21 A.M.
APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND
THE CONCHO VALLEY COUNCIL OF GOVERNMENTS AUTHORIZING SHARING OF THE COSTS
OF WEBEOC, A WEB BASED COMMUNICATIONS SOFTWARE, THAT ALLOWS FOR SECURE,
REAL-TIME ACCESS TO EMERGENCY RESPONSE INFORMATION AND COMMUNICATIONS,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT

Minutes Page 3
November 15, 2011 Vol. 103

Responding to a question from Councilmember Adams, City Manager Harold Dominguez and Emergency
Coordinator Ron Perry explained the cost of, the grant received for the program, and how the partnering entities
would be involved.
Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
PRESENTATION OF THE 3RD QUARTER 2011 REPORT FROM THE CHAMBER OF COMMERCE
ECONOMIC DEVELOPMENT COUNCIL AND THE CONVENTION & VISITORS BUREAU (CVB)
Economic Development Chairman Fred Key and CVB Vice President Pamela Miller presented background
information.
RECESS
At 9:56 A.M., Mayor New called a recess.
RECONVENE
At 10:12 A.M., Council reconvened, and the following business was transacted:
APPROVAL OF THE SPECIAL EVENTS COMMUNITY REVIEW COMMITTEE’S
RECOMMENDATION REGARDING SAN ANGELO GIRLS FAST PITCH ASSOCIATION’S (SAGFA)
REQUEST FOR IN-KIND SUPPORT FOR THE 2012 WEST TEXAS ALL-STAR TOURNAMENT
Civic Events Manager Anthony Wilson presented background information. A copy of the presentation is part of
the Permanent Supplemental Minute record.
Councilmember Farmer spoke in support of staff’s recommendation; however, she suggested the organization
provide the appropriate financial reports in order to provide the appropriate review and transparency analysis.
Public comments were made by Vice President of SAGFA Jody Darnell and Ezell guy from Midland.
Motion, to approve, as presented, was made by Councilmember Morrison and seconded by Councilmember
Hirschfeld.
General discussion was held on the organization providing the appropriate financial reports, the potential
generated revenue from the tournament, and the organization’s request in comparison to their immediate needs
and financial standings.
Mayor New spoke in opposition of approval, specifically due to the lack of financial information provided and
that the organization or a third party of the organization has the potential to make a profit from the tournament.
A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, and
Farmer. NAY: New. Motion carried 6-1.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OF
RIVER DRIVE, EXTENDING FROM 14TH STREET TO IRVING STREET, TO VETERANS MEMORIAL
DRIVE
AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS
INTERSECTION WITH THE 19TH STREET RAMP NORTH OF 14TH STREET ON THE WEST TO ITS
INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS
MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE
City Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information. A copy of
the presentation is part of the Permanent Supplemental Minute record.
Assistant Chief Kevin Lassiter spoke on the emergency response time and the limited potential issues posed by
the inconsistent addressed location.

Minutes

Based recent opponent concerns, Councilmember Hirschfeld suggested the range of the street rename be
changed from 19h Street to Irving Street to 14th to Irving Street. Council concurred.
City Manager Harold Dominguez commented on the precedence that the change was setting for future request.
Public comments were made by Citizen Karl Bookter and Terry Jarreau. 50110462821 1542
Motion, to introduce the Ordinance, as presented and revised, was made by and seconded by . Motion carried
unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OF
50TH STREET, EXTENDING FROM GRAPE CREEK ROAD TO ARMSTRONG ROAD, TO LAKEVIEW
HEROES DRIVE
AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS
INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH
ARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”;
AND, PROVIDING FOR AN EFFECTIVE DATE
City Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information.
Mayor New left the meeting at 11:00 A.M. and
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Adams.
Councilmember Farmer facilitated the meeting as Mayor Pro Tempore.
Public comments were made by Citizen Jerry Hasty and Assistant Chief Kevin Lassiter.
Mayor New returned to the meeting at 11:02 A.M.
Councilmember Adams withdrew his motion.
City Manager Harold Dominguez commented on the number of properties east of Armstrong Street, the
emergency response time, and the potential issues associated with two different street names for one street.
General discussion was held on the potential confusion that may be caused due to the different street names
assigned to one street, specifically related to emergency response issues.
Councilmember Silvas withdrew his motion.
Motion, to introduce the Ordinance, as presented, and amended from Covington Road to Armstrong Street, was
made by Councilmember Morrison and seconded by Councilmember Alexander. Motion carried unanimously.
SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OF
APPROXIMATELY 1,336 ACRES LOCATED NORTHEAST OF SAN ANGELO’S EXISTING CITY
LIMITS, ENCOMPASSING AN AREA SOUTH OF EAST FARM TO MARKET ROAD 2105, BEGINNING
AT A POINT ALONG SAN ANGELO’S EXISTING CITY LIMITS LINE; SAID POINTS BEGIN
APPROXIMATELY 1,290 FEET EAST OF THE INTERSECTION OF EAST 37TH STREET AND PRUITT
ROAD, WHICH EXTENDS ALONG SAN ANGELO’S EXISTING CITY LIMITS FOR APPROXIMATELY
11,080 FEET, INCLUDING AN APPROXIMATELY 1.68-MILE SEGMENT OF RIGHT-OF-WAY OF OLD
BALLINGER HIGHWAY, AN APPROXIMATELY 1.64-MILE SEGMENT OF COVINGTON ROAD, AN
APPROXIMATELY 0.48-MILE SEGMENT OF RIGHT-OF-WAY OF EAST FARM TO MARKET ROAD
2105, AN APPROXIMATELY 0.50-MILE SEGMENT OF RIGHT-OF-WAY OF EAST 50TH STREET, AN
APPROXIMATELY 0.61-MILE SEGMENT OF RIGHT-OF-WAY OF NORTH US HIGHWAY 277, AND
AN AREA OF 200 ACRES NORTHEAST OF THE INTERSECTION OF SAN ANGELO’S EXISTING
CITY LIMITS LINE AND NORTH US HIGHWAY 277

Minutes Page 5

Planning Manager AJ Fawver presented background information. A copy of the map is part of the Permanent
Supplemental Minute record.
City Manager Harold Dominguez noted the questions Council raised at the last meeting regarding the Tom
Green County property and 4-H Center had been resolved. He informed should the County have issues in the
future, the City will consider possible land swaps.
Councilmember Morrison commented on providing the delivery of water to the area. Ms. Fawver stated staff is
currently working on including the provision within the Service Delivery Plan timeframe.
Public comments were made by Citizen Don Miller of 3793 Old Ballinger Hwy.
General discussion was held on providing the following services: sewer, water, street lights, street cleaning,
code enforcement, and police protection.
Mayor New officially closed the public comment period.
APPROVAL OF MATTERS RELATED TO HEALTH INSURANCE: THE BENEFITS PLAN DESIGN,
HEALTH INSURANCE PREMIUMS, AND THE ALLOCATION OF SAVINGS DERIVED FROM THE
HEALTH INSURANCE AND ANCILLARY PRODUCTS PROVIDER; ACCEPTANCE OF THE
COMMITTEE’S RECOMMENDATION, AS PRESENTED, WITH THE FOLLOWING CHANGES TO
THEIR RECOMMENDATION: REDUCE THE EMPLOYEE PREMIUM ADJUSTMENT FROM $16.50 TO
$13.20; APPROXIMATE SAVINGS OF $52,500.00 SHALL REMAIN IN THE FUND TO OFFSET
FUTURE YEAR EXPENSES; AND, UPON RECEIPT OF EARLY RETIREE REINSURANCE PROGRAM
FUNDS, SAID FUNDS SHALL ALSO REMAIN IN THE FUND TO OFFSET FUTURE YEAR EXPENSES
Human Resources Director Lisa Marley presented background information. A copy of the presentation is part of
the Permanent Supplemental Minute record.
Ms. Marley informed the City had been approved for $330K from the Early Retiree Reinsurance Program
(ERRP) fund, but had not yet received the funds. She noted receipt of funds cannot be guaranteed based on the
availability of funds and staff is working on the 2011 claims. Ms. Marley informed the monies must be utilized
for provider cost of the plans and insurance related matters.
Motion, to accept the Committee’s recommendation, setting aside $324,500.00 to set up a rate stabilization fund
contingent on receiving the ERRP funds, and upon receipt of ERRP funds, an amount equal to said funds will
transferred from the rate stabilization fund to purchase the Emergency Response Type 3 brush truck, was made
by Mayor New.
General discussion was held on the rate stabilization plan set up and expenditure process, health savings account
concept, available physicians between both hospitals, additional cost to the patient to transfer medical records,
receipt of the ERRP funds, possible transfers of funds between the self-insurance and probable rate stabilization
accounts, future insurance rate and premium increases, and savings available for such increases.
Councilmember Morrison spoke in opposition of purchasing the brush truck with the savings. Mayor New
withdrew his motion.
Motion, to accept the Committee’s recommendation with the following changes to the plan: reduce the
employee premium adjustment from 16.50 to 13.20; approximate savings of $52,500.00 shall remain in the fund
to offset future year expenses; and, upon receipt of ERRP funds, said funds shall also remain in the fund to
offset future year expenses; was made by Councilmember Hirschfeld and seconded by Councilmember
Alexander.
Public comment was made by Citizen Jim Turner.
A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY:
Morrison and Adams. Motion carried 5-2.

Minutes

EXECUTIVE/CLOSED SESSION
At 12:41 P.M., Council convened in Executive Session under the provision of Government Code, Title 5.
Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.
Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other
incentive to a company or companies with whom the City of San Angelo is conducting economic
development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San
Angelo; Section 551.071 to consult with attorney with regard to a possible settlement agreement of the
following: settlement with AEP Texas North Company of any and all claims that the City of San Angelo
may have relating to utility charges for unmetered street lighting preceding February 16, 2011; and, Section
551.071 to consult with attorney on a matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
this chapter on issues related to redistricting
OPEN SESSION (continued)
At 1:54 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:54 P.M., Mayor New called a recess.
RECONVENE
At 2:14 P.M., Council reconvened, and the following business was transacted:
DISCUSSION ON AERIAL TRUCK RESPONSE EMERGENCY RUNS AND RELATED MATTERS
Assistant Fire Chief Kevin Lassiter presented background information.
General discussion was held on moving reserved equipment to Central Fire Station, supplying the firefighter
with duplicate gear and equipment in order to man the additional vehicles, Insurance Offices Rating (ISO), and
National Fire Protection Agency (NFPA) Code regulations and requirements.
POSTPONEMENT OF AWARDING BID NO. AP-04-11 FOR AIRPORT TERMINAL RECONSTRUCTION
TO TEMPLETON CONSTRUCTION CO. IN THE AMOUNT OF $5,925,715.00 AND AUTHORIZING
CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
Mayor New informed the item has been removed by staff and postponed until December 6, 2011.
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #3 TO THE 50TH
STREET CONSTRUCTION & GRAPE CREEK ROAD RECONSTRUCTION PROJECT (ES-1-11) IN THE
AMOUNT OF $155,489.15 TO REECE ALBERT, INC. FOR CHANGING THE CONSTRUCTION OF
50TH STREET (TRAVIS ST. TO ARMSTRONG ST.) FROM HOT MIX ASPHALT PAVEMENT TO
ROLLER COMPACTED CONCRETE PAVEMENT (RCC)
City Engineer Clinton Bailey presented background information.
Motion, to authorize, as presented, was made by Councilmember Morrison and seconded by Councilmember
Adams.
General discussion was held on the design onto Grape Creek Road from N. Chadbourne, the drainage near and
around the area, and the quality of the material, specifically related to wear, tear, and cracking.
A vote was taken on the motion on the floor. Motion carried unanimously.

Minutes Page 7

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ORDINANCE
#2011-09-116, PREVIOUSLY AUTHORIZED TO EXECUTE ABANDONMENT OF AN ALLEY IN
FAIRVIEW ADDITION, BLOCK 50
AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18,
2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY,
TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH ARCHER STREET TO
NORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION, RUNNING PARALLEL TO AND
SOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN NORTHEASTERN SAN ANGELO;
AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES
FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES
FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN
WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.
Planning Manager AJ Fawver presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
DENIAL TO ISSUE REBATES FOR WATER FEES
Finance Director Michael Dane presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to deny the issuing of a water rebate, was made by Councilmember Alexander and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
CONSIDERATION OF APPROVING A SETTLEMENT WITH AEP TEXAS NORTH COMPANY OF ANY
AND ALL CLAIMS THAT THE CITY OF SAN ANGELO MAY HAVE RELATING TO UTILITY
CHARGES FOR UNMETERED STREET LIGHTING PRECEDING FEBRUARY 16, 2011
Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember
Silvas. Motion carried unanimously.
DESIGNATION OF PLAN A AND PLAN C REDISTRICTING PLANS AS ILLUSTRATIVE PLAN(S) TO
BE PROPOSED FOR PUBLIC CONSIDERATION AND COMMENT; AND, APPROVAL OF SCHEDULE
FOR TWO (2) PUBLIC HEARINGS TO RECEIVE COMMENTS ON DESIGNATED REDISTRICTING
ILLUSTRATIVE PLAN(S) FROM MEMBERS OF THE PUBLIC
City Manager Harold Dominguez presented background information.
Council agreed to hold two public hearings on December 6, 2011 and another to be scheduled by staff.
Motion, to designate Plan A and Plan C and hold one of two public hearings on December 6, 2011 and the other
to be scheduled by staff, was made by Councilmember Farmer and seconded by Councilmember Adams.
Motion carried unanimously.

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:
Civic Events Board: Gray Mundell (SMD5) to a 1st full term October 2014 and Scott Zaruba (Mayor) to a 2nd
full term October 2014

Minutes

Motion, to approve various board nominations by Council and designated Councilmembers, was made by
Mayor New and seconded by Councilmember Silvas. Motion carried unanimously.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed November 15, 2011 Agenda and solicited Council
comments and suggestions.
Proposed rental ordinance, issues, staff involvement, and related Public Hearing
Consider recruiting Amateur Softball Association (ASA) & United States Specialty Sports Association
(UAAASA) Softball leagues and how to coordinating the holding of both leagues
Drainage issue at northeast corner of Brown and E. 22nd Street; Mr. James Horne residence
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion
carried unanimously.
The meeting adjourned at 3:12 P.M.


___________________________________
Alvin New, Mayor

ATTEST:

_______________________________

Annexes A-C

In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)

Minutes Page 9

THE CITY OF SAN ANGELO, TEXAS
Tuesday, November 15, 2011
Certified Agenda for Executive/Closed Session

I. Announcement by Presiding Officer

“The City Council will begin its Executive Session on the November 15 day of Month, 2011, at
_____P.M.”

Attendees included the City Council, City Manager Harold Dominguez, Asst. City Manager Rick Weise,
Assistant City Manager Elizabeth Grindstaff, City Attorney Lysia H. Bowling, City Clerk Alicia Ramirez,
and Finance Director Michael Dane.

II. Subject matter of each Executive Session deliberation

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A.
Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings
be Open:

III. Action

No formal action was taken by the City Council during the Executive/Closed Session. Action relative to
any matter discussed during this session can be found in the minutes of the Regular Meeting of this same
November 15.

IV. Announcement by Presiding Officer

“The City Council has completed its Executive Session on the November 15 day of Month, 2010, at
___P.M.”

CERTIFICATION

I hereby certify this Agenda of an Executive Session of the City Council of the City of San Angelo, at which I
served as Presiding Officer, is a true and correct record of the proceedings and the only matter(s) as stated above
were discussed, pursuant to Title 5, Texas Government Code, Chapter 551.

WITNESS my hand this _____ day of ____________, 2011.


___________________________________
Alvin New, Mayor
ATTEST:

________________________________

City of San Angelo
Memo

Date: November 17, 2011

To: Councilmembers

From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance

Subject: Agenda Item for December 6, 2011

Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651

Caption: Consent

Consideration of awarding bid VM-10-11 for Forklifts, and authorizing the City
Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for forklifts from ASCO
Equipment – San Angelo, TX, Cisco Equipment – San Angelo, TX, Warren CAT – San Angelo,
TX, and Yellow House Machinery – San Angelo, TX. Bids were received from ASCO Equipment
and Cisco Equipment.

History: Bids were requested for replacing current equipment that are past their useful
operational life. Formal bids were requested from vendors listed on the Purchasing Master Data
Base, advertised in local media and the internet. If awarded, the bid may be used for this and
subsequent purchases for a period of one year from the date of award. This purchase, and all
additional forklift purchases requested during the contract term, will be presented before Council
for approval.

Vendor selection is based on the financial impact of the bid; the completeness of the bid;
inclusion and pricing of items and options requested; the competence of the vendor regarding the
purchase transaction; and the after-sale benefits including location of warranty shops, parts
supply lead-time and availability, etc.

Specifications were draft for a 7000# capacity forklift and an 8000# capacity all-terrain forklift.
Submissions from both vendors met all specifications for the 7000# machine. Cisco Equipment’s
submission for the 8000# forklift met all specifications. ASCO’s submission for the 8000#
machine did not meet specifications regarding the type of cab requested and requested safety
features and was therefore rejected for this machine.

Financial Impact: The City recommends awarding the bid in its entirety to Cisco Equipment.
This purchase will consist of two (2) machines for a total amount expensed of $103,022.00. The
budget account for this transaction will be 260-4400-800-0741 and 270-5400-800-0741.

Related Vision Item: NA

Other information/Recommendation: Staff recommends awarding the bid in its entirety to
Cisco Equipment (San Angelo, TX).

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-10-11 - Forklifts.doc

Attachments: Bid Tabulation VM-10-11

Reviewed by: Will Wilde, Water Director

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-10-11 - Forklifts.doc

CITY OF SAN ANGELO
BID TABULATION * RFB NO: VM 10 11/Forklifts November 9, 2011

Cisco Equipment ASCO ASCO Alternate
Extended

QTY
Item
Description Unit Price Extended Price Unit Price Price Unit Price Extended Price
1 7000# Forklift 1 $ 31,420.00 $ 31,420.00 $ 39,855.00 $ 39,855.00 $ 35,350.00 $ 35,350.00
2 8000# Forklift 1 $ 71,602.00 $ 71,602.00 Did Not Meet Specifications Did Not Meet Specifications
Total Bid $ 103,022.00 $ 39,855.00 $ 35,350.00

Bids Requested From:
Associated Supply Company San Angelo, TX
Cisco Equipment San Angelo, TX
Warren CAT San Angelo, TX
Yellow House Machinery San Angelo, TX

City of San Angelo
Memo


To: Councilmembers

From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance

Subject: Agenda Item for December 6, 2011

Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651

Caption: Consent
Consideration of awarding HGAC quote VM-23-11 for Police Patrol Vehicles, and
authorizing the City Manager or designee to execute any necessary related
documents.

Summary: The Vehicle Maintenance Department requested a quote for 20 Pursuit Rated
Vehicles for the Police Department. Dallas Dodge (Dallas, TX) responded through the State
approved purchasing co-op HGAC, contract #VE03-06.

History: A quote was requested for vehicles to replace current units that have met their
expected usable life. Vendor selection is based on the financial impact of the quote; the
completeness of the quote; inclusion and pricing of items and options requested; the competence
of the vendor regarding the purchase transaction; and the after-sale benefits including location of
warranty shops, parts supply lead-time and availability, compliance with specifications, best
overall value for the City, etc.

Financial Impact: The City recommends awarding the quote to Dallas Dodge for the acquisition
of 20 Police Package Sedans for a total amount expensed of $429,220.00 through the Houston-
Galveston purchasing co-op. The budget account for this transaction will be 501-8000-800-0742.

Related Vision Item: NA

Other information/Recommendation: Staff recommends awarding the quote in its entirety to
Dallas Dodge (Dallas, TX) through HGAC contract #VE03-06.

Attachments: None

Reviewed by: Chief Vasquez, Chief of Police

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-23-11 - Police Patrol
Vehicles.doc

MEMORANDUM

To: Mayor and Councilmembers

From: Luis Elguezabal, A.A.E., Airport Director

Subject: Consideration for 12-6-11 meeting

Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010

Caption: CONSENT AGENDA:
CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE TASK ORDER NO. 16, AND ALL RELATED DOCUMENTS, BETWEEN THE
CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING
SERVICES ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT
IN THE AMOUNT OF $354,526 AT SAN ANGELO REGIONAL AIRPORT.

History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering
Services, in November 2009. KSA Engineers was selected and an Agreement was
entered by City Council on May 4, 2010. The selection process met the standards and
guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 –
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

Airport staff is planning several improvements to the airports: infrastructure, Master Plan,
Airport Layout Plan, and terminal building area. Staff will bring forth separate Task Orders
for additional projects as funding for each project becomes available from the Federal
Aviation Administration.

Summary: Task Order No. 16 will provide the San Angelo Regional Airport with construction phase
services, construction materials testing, and post-construction phase services associated with
the Terminal Building Renovations project. The fee covers bi-weekly periodic site visits to
observe work in progress by the Architects, as requested by the Federal Aviation
Administration. KSA Engineers has been teamed with: Corgan Associates Inc, (Architect),
Reed, Wells, Benson and Company (Mechanical/Electrical/Plumbing), L.A. Fuess Partners,
Inc (Structural Engineering), and CAGE Inc.(Baggage Consultant.) The term of this Task
Order will be for 18 months for the construction phase and 45 days for the post-construction
phase.

Financial Impact: Total cost for Task Order No. 16 is $354,526 for which the Federal Aviation
Administration will fund 95% which is $336,800 and the City is responsible for 5%
or $17,726. The City will fund its share with Passenger Facility Charges (PFC).

Related Vision Item: Adequately Maintain Infrastructure.

Other Information/Recommendation: Staff recommends approval.

Attachments: Task Order No. 16

Presentation: None

Publication: None

Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 11-17-11

San Angelo Regional Airport
Task Order No. 16 TASK ORDER N0. 16
KSA Project No. SAN.009

This is Task Order No. 16, consisting
of 3 pages.

Task Order No. 16 – Terminal Renovations Construction Phase Services

In accordance with paragraph 1.02 of the Standard Form of Agreement between the City of San Angelo,
Texas (Owner) and KSA Engineers, Inc. (Engineer) for professional services, Task Order Edition, dated
May 4, 2010 ("Agreement"), Owner and Engineer agree as follows:

1. Specific Project Data

A. Title: Terminal Renovations Construction Phase Services

B. Description: Conduct construction phase services, construction materials testing, and post-
construction phase services associated with the Terminal Building Renovations project at San
Angelo Regional Airport.

2. Services of Engineer

A. Provide the services in Exhibit A – Schedule of Engineer’s Services as outlined below.

a. The services outlined in Paragraph A1.01 Study and Report Phase of the
General Services Agreement are NOT included in this Task Order.

b. The services outlined in Paragraph A1.02 Preliminary Design Phase of the
General Services Agreement are NOT included in this Task Order.

c. The services as outlined in Paragraph A1.03 Final Design Phase of the General
Services Agreement are NOT included in this Task Order.

d. The services as outlined in Paragraph A1.04 Bidding or Negotiating Phase of
the General Services Agreement are NOT included in this Task Order.

e. During the Construction Phase ENGINEER shall: Provide the services outlined
in Paragraph A1.05 Construction Phase of the General Services Agreement.

f. During the Post-Construction Phase ENGINEER shall: Provide the services
outlined in Paragraph A1.06 Post-Construction Phase of the General Services
Agreement.

B. This task order does not include services for study and report phase, preliminary design
phase, final design phase, geotechnical investigations, resident project representative or
inspection.

3. Owner's Responsibilities

A. See Exhibit B of Standard Form of Agreement dated May 4, 2010.

Task Order No. 16
Page 1 of 3

TASK ORDER N0. 16

4. Times for Rendering Services

Phase Completion Date
Construction Phase 18 Months from Notice to Proceed
Post-Construction Phase 45 Calendar Days from Notice to Proceed
Note: Times for rendering services do not include review periods of the Client or
Governmental Agencies.

5. Payments to Engineer

A. Owner shall pay Engineer for services rendered as follows:

Category of Services Compensation Method Fee
Construction Phase Lump Sum $321,708.00*

Construction Materials Testing Lump Sum $27,818.00

Post-Construction Phase Lump Sum $5,000.00

TOTAL $354,526.00
* Fee includes the following: review and respond to Requests for Information (RFI’s), review and
comment on Submittals from the Contractor, periodic site visits to observe work in progress (Architect
every two weeks), participation in Construction Meetings by phone (unless in town for site observation),
and site visits for specific milestones or equipment installations (Architect or other disciplines as
required).

B. The terms of payment are set forth in Article 4 of the Agreement.

6. Consultants:

Corgan Associates, Inc. – Architect

Reed, Wells, Benson and Company – Mechanical/Electrical/Plumbing (MEP)

L.A. Fuess Partners, Inc – Structural Engineering

CAGE Inc. – Baggage Consultant

7. Other Modifications to Agreement:

None

8. Attachments:

None

9. Documents Incorporated By Reference:

None

Task Order No. 16
Page 2 of 3

TASK ORDER N0. 16

Terms and Conditions: Execution of this Task Order by OWNER and ENGINEER shall make it subject
to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by
this reference. ENGINEER is authorized to begin performance upon its receipt of a copy of this Task
Order signed by OWNER.

The Effective Date of this TASK Order is , .

OWNER: ENGINEER:
City of San Angelo KSA Engineers, Inc.

By: By:

Name: Harold Dominguez Name: Joncie H Young, P.E.

Title: City Manager Title: President

Attest:
(SEAL)

DESIGNATED REPRESENTATIVE FOR DESIGNATED REPRESENTATIVE FOR TASK
TASK ORDER: ORDER:

Name: Luis E. Elguezabal, A.A.E. Name: David A. Alexander, P.E.

Title: Airport Director Title: Project Manager

Address: 8618 Terminal Circle, Suite 101 Address: 5301 Knickerbocker Road, Suite 120
San Angelo, TX 76904 San Angelo, Texas 76904

E-Mail E-Mail
Address: Luis.Elguezabal@sanangelotexas.us Address: dalexander@ksaeng.com

Phone: 325-659-6409 Phone: 325-947-1555

Fax: 325-657-0050 Fax: 325-947-1559

Approved as to content Approved as to form

_____________________________ _____________________________
Luis E. Elguezabal, Airport Director Lysia H. Bowling, City Attorney

Task Order No. 16
Page 3 of 3

City of San Angelo

Memo

To: Mayor and Council Members

From: Roger S. Banks, Purchasing, Division Manager

Subject: Agenda Item for December 6, 2011 Council Meeting

Contact: Diana Farris, Purchasing Specialist, 657-4212

Caption: Consent Item
Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of
Tax Lot(s):
st
A. 37 W 21 Street, (Green), Lot 2, Block 27, Lasker Addition, $2,500, Suit No. B-05-0070-T

Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the
City as Trustee for itself and the other taxing entities.

OFFERS
Location Size Date Auctioned Offer Will Satisfy…
st
37 W 21 Street 50’ x 140’ 03/04/08 The total amount due under the judgment

History: The following amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for
delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter
33, Property Tax Code, which accrue on all said taxes from date of judgment until paid.

st
37 W 21 Street
Taxes $2,746.28
Sheriff Fees $100.00
District Clerk $548.00
Attorney Fees $275.00
Administration $350.00
Municipal Liens $0.00
Total $4,019.28

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed
according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll.

Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it
is recommended that the above offer(s) be accepted.

Attachments: Resolution, Tax-Resale Deed, and Property Location Map

Presentation: N/A

Reviewed by Service Area Director: Michael Dane, Director of Finance

RESOLUTION AUTHORIZING
SALE OF REAL PROPERTY
(Not Less Than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011, at a regularly scheduled meeting of
the City Council of the City of San Angelo, Texas, there was presented to said Council the
proposal for the City to sell a parcel of land situated within the city limits of the City of San
Angelo, said parcel being described as follows:

Lot 2, Block 37, Lasker Addition, an addition to the City of San Angelo, Tom
Green County, Texas, as described in Volume 797, Page 597, Official Public
Records of Real Property of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s
Tax Deed, recorded on Instrument No. 649603 of the Official Public Records of Real Property,
Tom Green County, Texas; and,

WHEREAS, the City Council, has determined that it is in the best interest of the City of San
Angelo as Trustee to sell said lot(s) for an amount that is greater than or equal to the market
value specified in the Judgment of foreclosure or greater than or equal to the amount of the
judgment(s) against said property.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity
as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above
described lot(s) to MARTHA DOMINGUEZ GREEN, a single person, for the consideration of
Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amount is
also hereby authorized and approved.

APPROVED AND ADOPTED ON THE DAY OF , 2011.


_______________________________
Alvin New, Mayor

Attest:

_____________________

Approved As to Form: Approved As to Content:

______________________ ____________________________
Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager

City of San Angelo

Memo
From: Will Wilde, Water Utilities Director
Contact: Will Wilde, Water Utilities Director, 657-4209
Consideration of authorizing the sale of the following residential property for the appraised
value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all
necessary legal documents pertaining to the sale of subject properties, subject to completion
of all curative requirements.

Summary: Glen Meadows Baptist Church 6002 Knickerbocker Road
Lot 1, Group 2 $312,358

History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.

Related Vision Item (if applicable): None.

Other Information/Recommendation: If the sale is approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.

Staff recommends approval.

Attachments: Appraisal Report (Glen Meadows Baptist Church)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, November 9, 2011.

City of San Angelo

Memo
Date: December 2, 2011

To: Mayor and Council Members

From: Ron Perry, Emergency Management Coordinator


Contact: Ron Perry, Emergency Management, 325-657-4230

Caption: Consent
Consideration of approving a Memorandum of Understanding (MOU)
Agreement between the City of San Angelo and the Department of State
Health Services, Health Service Region 9/10., whereby in the event of a
Public Health Emergency event in the State of Texas, local and regional
health and medical infrastructure and associated resources will be quickly
committed to providing the necessary treatment and supporting strategies to
effectively respond to a potential evolving event or to support the response
to an actual event, and authorizing the Mayor and/or City Manager to
execute said agreement.

Summary: The capability of mobilizing resources from the state, federal, and private sector
will enable the quick augmentation of local and regional medical and health
resources, supporting the effective management and distribution of the Strategic
National Stockpile (SNS), during a Public Health emergency.

History: With a recent change in Emergency Management and Public Health preparedness
requirements, establishing designated Point Of Dispensing (POD) sites throughout
the Tom Green County area and working with the Department of State Health
Services in procuring these medications for a Public Health emergency will assist
in the mitigation process to prepare for such an emergency.

Financial Impact: All reasonable and eligible costs, including lost revenues relating to use of the facility,
associated with the Strategic National Stockpile may be submitted for consideration
and reimbursement through established disaster assistance programs.

Related Vision Item N/A
(if applicable):

Other Information/ Staff recommends approval for the Mayor or City Manager to sign the Memorandum
Recommendation: of Understanding (MOU) Agreement between the City of San Angelo and the
Department of State Health Services, Health Service Region 9/10

Attachments: EM DSHS MOU Agreement.pdf

Presentation: N/A

Publication: N/A

Reviewed by Harold Dominguez, City Manager,

Service Area
Director:

Approved by Legal: Date of Approval (attach Legal Approval Form)

San Angelo
Metropolitan Planning
Organization

Memo

To: Mayor and City Council members

From: Doray Hill, Jr., Interim MPO Director

Subject: Agenda Item for October 21, 2008 Council Meeting

Contact: Doray Hill, Jr. Interim MPO Director

Caption: Consideration of authorizing the City Manager or his designee to execute a
Planning Contract between the San Angelo Metropolitan Planning
Organization, the Texas Department of Transportation, and the City of San
Angelo

Summary: This contract is a requirement by the Texas Department of Transportation. All
twenty-five Metropolitan Planning Organizations in the State of Texas are required to have a
Planning Contract.

History:

The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in place
between the City of San Angelo and the Texas Department of Transportation. This agreement
was executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract
(Agreement) was recently given to the Texas MPOs that have changes, which incorporate
recent legislation. The current contract will remain in effect until this new one can be signed.

The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-
MPO. This attached agreement does not change any of the responsibilities of the fiscal agent
rather, it includes new federally required provisions.

The City of San Angelo legal staff approved this agreement. Additionally, the San Angelo
Metropolitan Planning Organization Policy Board approved this agreement at their November
3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation for

the State of Texas execution. The new contract after signed will expire on September 30, 2012,
as did the recently signed contract.

Financial Impact: n/a

Related Vision Item (if applicable): n/a

Notification: n/a

Attachments: Agreement with Metropolitan Planning Organization

Presentation: n/a

Publication: n/a

Reviewed by: n/a

San Angelo
Metropolitan Planning
Organization

Memo

To: Mayor and City Council members

From: Doray Hill, Jr., Interim MPO Director

Subject: Agenda Item for October 21, 2008 Council Meeting

Contact: Doray Hill, Jr. Interim MPO Director

Caption: Consideration of authorizing the City Manager or his designee to negotiate and
execute an Agreement with Metropolitan Planning Organization by and between
the City as Fiscal Agent, the Texas Department of Transportation, and the San
Angelo Metropolitan Planning Organization Policy Committee, providing for
urban district transportation planning and superseding prior agreements
between the parties

Summary: This contract is a requirement by the Texas Department of Transportation. All
twenty-five Metropolitan Planning Organizations in the State of Texas are required to have a
Planning Contract.

History:

The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in place
between the City of San Angelo and the Texas Department of Transportation. This agreement
was executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract
(Agreement) was recently given to the Texas MPOs that have changes, which incorporate
recent legislation. The current contract will remain in effect until this new one can be signed.

The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-
MPO. This attached agreement does not change any of the responsibilities of the fiscal agent
rather, it includes new federally required provisions.

The City of San Angelo legal staff approved this agreement. Additionally, the San Angelo
Metropolitan Planning Organization Policy Board approved this agreement at their November
3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation for
the State of Texas execution. The new contract after signed will expire on September 30, 2012,
as did the recently signed contract.

Financial Impact: n/a

Related Vision Item (if applicable): n/a

Notification: n/a

Attachments: Agreement with Metropolitan Planning Organization

Presentation: n/a

Publication: n/a

City of San Angelo

Memo
Date: 11/03/11
From: Chief Tim Vasquez
Contact: Chief Tim Vasquez, 657-4336

Consideration of approving a maintenance service contract for San Angelo Public Safety
Communications in the amount of $137,861.96 for calendar year 2012 between the City of
San Angelo and Intergraph authorizing 24/7 technical support and authorizing the City
Manager or his designee to execute said maintenance contract and any renewal contract
thereafter provided the cost does not increase more than 4% each subsequent year

Summary: This is an annual service contract that provides 24/7 technical support for Intergraph Public
Safety products. This service can not be supported or purchased locally.

History: The City of San Angelo selected Intergraph as its Public Safety Software vendor in 1999 and
each year following a maintenance contract has been purchased.

Financial Impact: The Intergraph maintenance contract for this year is $137,861.96. The funds for the
contract are budgeted in the San Angelo Public Safety Communications Budget FY 2011-2012.

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval of Intergraph maintenance
contract.

Attachments: Intergraph quote # 1-5TT6NH, Intergraph Maintenance Contract

Presentation:None

Publication: N/A

Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, November 3,
2011

Adopted: 5/30/03
Revised: 1/16/08

Exhibit A Security, Goverment and Infrastructure
San Angelo TX City Of PO#: tbd
Account Nbr: MDC-2222 Performance Period: 01/01/2012 Through 12/31/2012
Quote: 1-5TT6NH - City of San Angelo TX - SW 2012 Service Level: Premium

Bill To: Ship To:
San Angelo TX City Of San Angelo TX City Of
Attn: Accounts Payable Attn: Sgt. Victor Vasquez
PO Box 1751 401 East Beauregard Avenue
San Angelo, TX 76902 San Angelo, TX 76902
USA USA

Ln Base Part Description Serial Begin End Coverage Mths Qty Mth Total
Cost Cost

Site Number: 00085719
2 IPS0001 I/Executive MME-1-ZBH7 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $656.25 $7,875.00
3 IPS0002 I/Dispatcher MME-1-1K3WS 01/01/2012 12/31/2012 Ph Supp with Upg's 12 9 $281.40 $30,391.20
4 IPS0004 I/Informer MME-1-ZBHR 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $374.85 $4,498.20
5 IPS0004A I/Informer to I/LEADS MME-1-ZBHT 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $0.00 $0.00
6 IPS0007 I/Executive 2 MME-1-ZBHV 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $468.30 $5,619.60
7 IPS0009 I/Mobile Data Terminal MME-1-ZBHX 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $749.70 $8,996.40
8 IPS0015 I/Tracker 1-233977243 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $425.25 $5,103.00
9 IPS0019 I/LEADS-Server MME-1-ZBIB 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $357.00 $4,284.00
10 IPS0020 I/LEADS-Records Management System - MME-1-1K585 01/01/2012 12/31/2012 Ph Supp with Upg's 12 60 $26.25 $18,900.00
11 IPS0022 I/LEADS-Incident Based Reporting MME-1-ZBLP 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $162.75 $1,953.00
12 IPS0030 I/LEADS-CAD Link MME-1-ZBLT 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $0.00 $0.00
13 IPS0038 I/Mobile MME-1-ZBN1 01/01/2012 12/31/2012 Ph Supp with Upg's 12 112 $18.90 $25,401.60
14 IPS0042A I/NetViewer - 15 users MME-1-ZBT9 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $425.25 $5,103.00
15 IPS0052 I/Fire Station Alerting 1-16070760 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $171.15 $2,053.80
16 IPS1163C I/MapEditor CC - Component 145Z2D700120184 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $75.60 $907.20
17 SFRMSCAD FireRMS CAD Interface 1-213629321 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $399.99 $4,799.88
18 SJBX690AA-C GeoMedia Pro - CC - English - 145Z2D700120184 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $168.00 $2,016.00
19 SUNPRORMSENT SUNPRO Fire RMS Enterprise Edition 1-213826621 01/01/2012 12/31/2012 Ph Supp with Upg's 12 8 $60.00 $5,760.00
20 IPSCUSTOM14 I/LEADS State Accident Report 1-290127869 01/01/2012 12/31/2012 Ph Supp with Upg's 12 1 $350.01 $4,200.08
SubTotal for Site Number 00085719 $137,861.96

Report Generated for mschweri on 10/3/2011 Page 1 of 2

Exhibit A Security, Goverment and Infrastructure
San Angelo TX City Of PO#: tbd
Account Nbr: MDC-2222 Performance Period: 01/01/2012 Through 12/31/2012
Quote: 1-5TT6NH - City of San Angelo TX - SW 2012 Service Level: Premium

Ln Base Part Description Serial Begin End Coverage Mths Qty Mth Total
Cost Cost

Grand Total Excluding Tax $137,861.96

Report Generated for mschweri on 10/3/2011 Page 2 of 2

Security, Government & Infrastructure (SG&I)
U.S. Maintenance Terms and Conditions
for Software

This document (“Terms and Conditions”) and the Quote to which these Terms and Conditions are
attached set forth the terms and conditions for the maintenance of software and related support
services by Intergraph Corporation, doing business as the Security, Government and Infrastructure
Division (“Intergraph”) for Customer.

1. DEFINITIONS

1.1. “Affiliate” means any entity or person controlled by or under common control of Intergraph
Corporation. For the purposes of this Agreement, the term "control" means ownership,
directly or indirectly, of equity securities entitling the owner to exercise in the aggregate
equal or more than twenty-five percent (25%) of the voting power of the entity in question.
For the avoidance of doubt, any Affiliate of Intergraph Corporation is as well deemed an
Affiliate of any other Affiliate of Intergraph Corporation; also Intergraph Corporation is an
Affiliate of any of its Affiliates.

1.2. “Agreement” means (1) the binding contract incorporating these Terms and Conditions as
well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the
binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or
Section 12.1 as well as the maintenance service contract terms and conditions referenced
therein.

1.3. “Coverage Period” means the period of performance set forth in the Quote.

1.4. “Covered Products” means the software listed on the Quote for which Services are to be
provided to Customer by Intergraph. Covered Products shall also include additional copies
of the software (i) where the original software is already covered by the Agreement and (ii)
for which additional licenses are purchased or otherwise obtained by Customer during the
Coverage Period. Covered Products may include Software Products, as well as Third
Party Software.

1.5. “Customer” means the entity or person purchasing Services.

1.6. “Quote” means a quotation for Services submitted to Customer by Intergraph or an
authorized Intergraph partner, along with a product quotation at time of purchase of the
product to be maintained. according to Section 2, or a quotation for Services submitted to
Customer by Intergraph, according to, Section 3.2 and/or Section 12.1.

1.7. “Services” means the maintenance and support services for Covered Products that are
further described in the Agreement.

1.8. “Software Product” includes Intergraph’s or Intergraph’s Affiliate’s computer software and
all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software
is provided, including any templates, data, printed materials, and “online” or electronic
documentation, all copies, and any Updates of such Software Products. Software

Page 1 of 15

Products are subject to all of the terms and conditions of the End-User License Agreement
(“EULA”) provided with the Software Product.

1.9. “Third Party Software” means computer software or other technology in which any person
or entity, other than Intergraph or Intergraph’s Affiliate, has any right, title or interest,
including any restrictions or obligations (such as obligations to obtain consents or
approvals and restrictions that may be eliminated only by obtaining such consents or
approvals) applicable to the computer software or technology, but does not include
software embedded in the Software Products by license from third parties. The use of
Third Party Software is subject to all of the terms and conditions of the third party’s
software license or similar agreement (“SLA”) provided with the Third Party Software.

1.10. “Update(s)” means any Upgrade, modified version, fix, patch and/or update of Covered
Products. The use of Updates is subject to all of the terms and conditions of the EULA or
SLA provided with Customer’s current version of the Covered Products.

1.11. “Upgrade(s)” means each new release of Covered Products. Upgrades require a full
installation and may be provided with a separate EULA or SLA. Any EULA or SLA
delivered with the Upgrade will supersede any EULA or SLA associated with prior releases
of the Covered Products.

2. AUTHORIZATION OF SERVICES

By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote;
(c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a
Quote, Customer authorizes Intergraph to provide the Services for Covered Products during the
Coverage Period in accordance with the Agreement. The Services will be provided by Intergraph in
accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become
binding and effective upon the written acceptance by Intergraph or the first delivery of the Services
set forth in the Quote, whichever is earlier.

3. TERM

3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of
the first month of the applicable Coverage Period, and shall expire at the end of the
Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual
agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for
whole months only.

3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage
Period, Intergraph will submit to Customer a renewal Quote that includes pricing for the
upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the
Agreement based on the renewal Quote as well as the maintenance service contract terms
and conditions referenced therein or made available to Customer together with the renewal
Quote. If the Agreement is not entered into based on the renewal Quote as well as the
maintenance service contract terms and conditions referenced therein, Intergraph, after the
preceding Coverage Period has expired, shall be entitled to discontinue Services for the
affected Covered Products, including access to system support or knowledge base, and/or
end the ability of Customer to log or check support requests.

4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE

4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or
suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any
reinstated Services (the “Renewal Coverage Period”) shall begin on the first day after the

Page 2 of 15

expiration or termination of the last paid-in-full Coverage Period and extend until the next
purchase anniversary date of the lapsed Covered Products. The reinstatement fee will
equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole
months only) for the Renewal Coverage Period, and shall be in addition to the total
maintenance charges due for the Renewal Coverage Period, all calculated at the current
maintenance list price. Upon request of Customer, Intergraph will provide a Quote for the
Renewal Coverage Period, to include the reinstatement fee, which is applicable only for
reinstatement made in the then-current month.

4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the
time that the Covered Product was originally purchased, in order to obtain Services,
Customer must pay one hundred twenty-five percent (125%) of all maintenance payments
from the date the original Covered Product was purchased up to the date the Services are
actually purchased, plus one hundred percent (100%) of the remaining Coverage Period
that expires upon the anniversary date of the original Covered Product purchase, all
calculated at the current maintenance list price. The Coverage Period for such Covered
Products will begin on the first day of the month in which the Covered Products were
originally purchased.

5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS

Services described in this Section apply to Software Products only. Services for Third Party
Software are set forth in Section 10.

Intergraph offers two levels of Services for Software Products included in the Covered Products:
Standard Support and Premium Support. Under both levels of Services, Intergraph shall provide
reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide
general advice as to the use of the Software Products included in the Covered Products. The level of
Services will be set forth on the Quote and will include the following:

5.1. Standard Support: Standard Support will include and be limited to the following:

5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk
(telephone or eService via Intergraph’s Customer Support Web Site where available
at http://esupport.intergraph.com). Phone support for all priority levels of software
errors is available on Monday through Friday from 8AM – 5PM at Customer’s local
time, excluding Intergraph-observed holidays. Local variances in support hours will
be posted on the Customer Support Web Site or applicable local support website, or
can be determined by contacting Customer’s local Intergraph office.

5.1.2. Updates. Access to all available Updates of Software Products included in the
Covered Products. Intergraph will notify Customer when Updates are made
available for any Software Products for which Service has been purchased, by way
of posting notices of such to the “Support Notices and Announcements” section on
the Customer Support Web Site or applicable local support website or via direct
notification by Intergraph. If applicable, Customer may also register on the Customer
Support Web Site or applicable local support website to automatically receive email
notifications when a new release of a Software Product is made available by
Intergraph. Updates are shipped to Customer upon Customer request. Intergraph
is not obligated to produce any Updates.

5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem
Knowledge Base, an on-line self-help tool.

Page 3 of 15

City Council December 6, 2011 Agenda Packet

City Council December 6, 2011 Agenda Packet

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City Council December 6, 2011 Agenda Packet