City Council October 4, 2011 Agenda Packet

NOTICE OF A PUBLIC MEETING
INCLUDING ADDENDUM
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, October 4, 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 6:30 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. Proclamations
“National Domestic Violence Awareness Month”, Month of October 2011, to be accepted by Santa
Tobias, Legal Advocate & Outreach Coordinator for the New Bridge Family Shelter
“Fire Prevention Week”, Week of October 9, 2011, to be accepted by Thomas Truett, Arson Investigator
for the City of San Angelo
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. CONSENT AGENDA
1. Consideration of approving the September 20, 2011 City Council Regular meeting minutes
2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any
necessary related documents:
a. VM-07-11: Backhoe Loader, Yellowhouse (San Angelo, TX), $66,250.00
b. VM-09-11: Light Duty Vehicles, Jim Bass Ford (San Angelo, TX) and Caldwell Country
Chevrolet (Caldwell, TX), $200,000.00
c. VM-11-11: Mowing Equipment, Cisco Equipment (San Angelo, TX), $57,051.00
d. VM-17-11: Street Sweeper, Tymco, Inc. (Waco, TX) via HGAC, $195,170.00
e. WU-13-11: Utility Trench Repair, CM Construction (Mertzon, TX), $1,029,878.18

City Council Agenda Page 1 of 5 October 4, 2011

3. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax
Lots:
a. 201 W 26th Street, (Saldivar), Lot 7 & E 10’ of 8, Block 1, Ruby Douglas Addition, $9,000, Suit
No. D-08-0031-T
b. 1634 Beacon Street, (Mejia), Lots 1 & 2, Block 15, Avondale Addition, $2,327, Suit No. B-06-
0032-T
4. Consideration of authorizing the City Manager to execute the 2012 New Freedom Grant Contract with
the Texas Department of Transportation and receive said funds for pedestrian improvements along
North Chadbourne Street from 7th Street to 12th Street, the grant amount being $275,108.00 with an in-
kind match of $68,777.00 to be provided in the form of Engineering and Design Services by the
Engineering Division
5. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ)
Board for the allocation of $7,500.00 from the South TIRZ fund as a grant toward façade
improvements for the proposed Business Resource Center to be located at 69 North Chadbourne Street
(the former Coca Cola building)
6. Consideration of authorizing the City Manager to execute an Interlocal Agreement renewal between
the City of San Angelo and Concho Valley Council of Governments for 9-1-1 Service in Tom Green
County
7. Second hearing and consideration of adoption of an Ordinance authorizing the abandonment of public
right-of-way around City Hall in downtown San Angelo,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr
Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of
property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the
intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the
eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of
North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment
of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with
West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending
north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of
West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A
101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in
downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING
PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE
AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
8. Second hearing and consideration of adoption of an Ordinance amending Fire Department Staffing
Positions
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE
OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500,
ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION
PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A),
ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED
POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE
LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER
OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE
EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND
PROVIDING EFFECTIVE DATES


III. 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 551.087 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

9. Consideration of granting a request for temporary placement of a manufactured home, not to exceed
two years, during construction of a permanent home on the same 1.61-acre site at 3612 Lake Drive in
northern San Angelo
(Presentation by Planning Manager AJ Fawver)
10. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-18: Michael Pittman
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 428 Montague Avenue, at the southeast intersection of Ellis
Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres
respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz
subdivision, in northeastern San Angelo, changing the zoning classification from Single Family
Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
11. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-12: Mike Carter
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 4003 N. Chadbourne Street, located west of the intersection of
East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M
G RR CO survey, changing the zoning classification from CG/CH (General Commercial/Heavy
Commercial) and R&E (Ranch & Estate) to CG (General Commercial); PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
12. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of an
alley in Fairview Addition, Block 50
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING ALLEY SEGMENT, 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; AUTHORIZING THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING
FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS
13. Consideration of awarding bid WU-12-11 for the Hickory Water Supply 30” Transmission Main
Project to Oscar Renda Contracting not to exceed an amount of $39,000,000.00, authorizing staff to
negotiate a contract, and authorizing the City Manager to execute said contract and any related
documents
(Presentation by Water Utilities Director Will Wilde)
14. Consideration of authorizing the sale of 1961 Beaty Road (David L. Hirschfeld, and his successors, as
Trustee of the Trust) for the appraised value of $174,650.00 and authorizing the Mayor, City Manager, or
Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property,
subject to completion of all curative requirements
(Presentation by Water Utilities Director Will Wilde)
15. Discussion and possible action regarding employee alternate work schedule
(Presentation by Human Resources Director Lisa Marley)
16. Discussion and possible action to designate a marker name, to wit: Hughes Point, at Lake Nasworthy
at the end of Camper Road
(Requested by Councilmember Farmer and presentation by City Manager Harold Dominguez)
Addendum 17. Discussion and consideration to rename 50th Street and any action in connection thereto
(Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey)
18. Discussion and consideration of preparedness, response, and mitigation responsibilities of the City of
San Angelo to reduce the potential for loss of life, property, and damage to the environment due to
wildfires in the City of San Angelo, Tom Green and neighboring counties; and to create a wildfire
interface task force to partner and establish working relationships with private citizens and local, state,
and federal agencies to suppress the potential for large damaging wildfires
a. Consideration of authorizing the City Manager in his discretion to enlist, assemble and dispatch
equipment, manpower, and fire suppression resources to suppress wildfires that pose an imminent
threat of catastrophic loss of life, property and damage to the environment in the City
b. Consideration of awarding RFP VM-05-11 for Equipment Financing to California First National Bank,
authorizing staff to negotiate a Master Equipment Lease/Purchase Agreement, and authorizing the City
Manager to execute said agreement and any necessary related documents
Addendum c. Consideration of authorizing staff to negotiate lease agreements for the following equipment in
accordance with City of San Angelo Purchasing Policy and Procedures
(1) VM-14-11: 5 Pickups via HGAC&Buyboard/Philpott Motors (Nederland, TX), $175,487.37
(2) VM-15-11: Heavy Construction Equipment via Buyboard/Warren Caterpillar (San Angelo,
TX), $734,600.00
(3) VM-18-11: Haul Trailer via Buyboard/Kirby Smith Machinery (Abilene, TX), $72,943.35
(4) VM-19-11: Type III Brush Truck, via HGAC/Hall Buick Pontiac GMC (Tyler, TX),
$285,387.00
(Requested by Councilmembers Hirschfeld and Farmer)


19. Discussion and possible action regarding the consolidation of City of San Angelo Public Safety
Communications Center (dispatch) and Tom Green County Dispatch, and authorizing the Chief of
Police to negotiate an interlocal agreement and transition plan, including any associated matters
involving such consolidation
(Presentation by Police Chief Tim Vasquez)
20. Consideration of adopting a Resolution nominating candidates for Board of Directors of Tom Green
County Appraisal District
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES

21. Consideration of matters discussed in Executive/Session, if needed
22. Consideration of various Board nominations by Council and designated Councilmembers:
a. Civic Events Board: Jennifer Odom (SMD4) to a 2nd full term October 2014
23. Consideration of Future Agenda Items
24. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, September 28, 2011, at 7:00 P.M.

/x/________________________
Alicia Ramirez, City Clerk


PROCLAMATION

WHEREAS, the crime of domestic violence violates an individual’s privacy and
dignity, security and humanity, due to systematic use of physical,
emotional, sexual, psychological and economic control and/or
abuse including abuse to children and the elderly; and

WHEREAS, the problems of domestic violence are not confined to any group or
groups of people, but cut across all economic, racial and societal
barriers, and are supported by societal indifferences; and

WHEREAS, the impact of domestic violence is wide ranging, directly effecting
individuals and society as a whole, here in this community,
throughout the United States and the world; and

WHEREAS, it is battered women themselves who have been in the forefront of
efforts to bring peace and equality to the home.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf
of the City Council, do hereby proclaim the month of October 2011, as

“NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH”

and urge all citizens to actively participate in the scheduled activities and programs to
work toward improving victim safety and holding perpetrators of domestic abuse
accountable for their actions against individual victims and our society as a whole.

IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City to
be affixed this 4th day of October, 2011.

THE CITY OF SAN ANGELO

___________________________
ALVIN NEW, MAYOR

PROCLAMATION

WHEREAS, Fire is a serious public safety concern both locally and nationally, and
homes are the locations where people are at the greatest risk from
fire; and

WHEREAS, Fire departments in the United States responded to nearly 400,000
home fires in a single year; and

WHEREAS, San Angelo residents are responsive to public education measures
and are able to take personal steps to increase their safety from fire,
especially in their homes; and

WHEREAS, The fire service of San Angelo is dedicated to the safety of life and
property from the devastating effects of fire, and they are joined by
other emergency service providers, businesses, safety advocates,
schools, and service clubs,

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of
the City Council, do hereby proclaim the week of October 9-15, 2011 as

FIRE PREVENTION WEEK

and call upon the people of San Angelo to participate in fire prevention activities at home,
work, and school, and practice home fire safety especially this week which commemorates
the great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, and
destroyed 17,400 buildings.

IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Seal of the City to be
affixed this 4th day of October, 2011.

_________________________________
ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 33
Tuesday, September 20, 2011 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:04 A.M., Tuesday, September 20,
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 Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led by
Hayden, 2nd Grader, and Hallee, 5th Grader, Carlson of Angelo Catholic School.

PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA

APPROVAL OF THE SEPTEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID REC-02-11 FOR FOOD PRODUCTS FOR SENIOR SERVICES NUTRITION
PROGRAM TO BEN E. KEITH (ABILENE, TX) IN THE AMOUNT OF $83,833.57 AS THE PRIMARY
VENDOR AND TO PERFORMANCE FOOD SERVICE AS THE SECONDARY (TEMPLE, TX) IN THE
AMOUNT OF $85,915.49; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS
ADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S.
DEPARTMENT OF JUSTICE FY 2011 JUSTICE ASSISTANCE GRANT IN THE SUM OF THIRTY-
THREE THOUSAND SIX HUNDRED TWENTY-NINE AND NO/100 DOLLARS ($33,629.00), AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD
AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE
OF THE GRANT (ANNEX A, PAGE 43, RESOLUTION #2011-09-099R)

RATIFICATION OF A RESOLUTION OF THE CITY OF SAN ANGELO DEVELOPMENT
CORPORATION ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITY
NEEDS OF THE STATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THE
INFRASTRUCTURE REQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COST
EFFECTIVE PROGRAMS TO ASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATED
PROJECTS, THE EFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXAS
WATER DEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXAS
CONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS

Minutes
Vol. 103 September 20, 2011

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT
“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B,
PAGE 45, ORDINANCE #2011-09-100)

PD 11-01; Z 11-11: ATMOS Energy
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
FOLLOWING PROPERTY, TO WIT: 1730 North Main Street, an approximately 2.6 acre tract of property
formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north,
North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the
zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for a
combination of office, aggregate and materials storage, accessory parking, and contractor usage;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX C,

Pd 11-02; Z 11-13: City of San Angelo
FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest
corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a
segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the
zoning classification from Single Family Residential (RS-1) to Planned Development (PD) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX
D, PAGE 49, ORDINANCE #2011-09-102)
Z 11-14: City of San Angelo Planning Commission
FOLLOWING PROPERTY, TO WIT: Area generally bounded by North Oakes Street on the west, East/West
3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to
one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street
on the west, and West 1st Street on the south, changing the zoning classification from Multi-Family
Residence and General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District
(CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes Page 35
September 20, 2011 Vol. 103

“A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E,
Z 11-16: First National Bank
FOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from the intersection of Ward
Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the
abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoning
classification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded by
Councilmember Adams. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PRESENTATION OF DOWNTOWN SAN ANGELO 2ND QUARTERLY REPORT
DSA Executive Director Genora Young and DSA Board President Brenda Gunter presented background
information. A copy of the presentation is part of the permanent supplemental minute record. Ms. Young
distributed a revised financial report.
General discussion was held on the commercial rent and lease rates noting the rates have slightly increased to
coincide with the increased purchase and leasing of various buildings in the downtown area; open container
provision and related issues. Ms. Young suggested developing a consensus between all the business owners
and to present their recommendation to the Council. Council also suggested staff meet with the business owners
to educate the owners to better understand the legality of the ordinance in relation to the Texas Alcoholic
Beverage Commission provisions.
DISCUSSION AND AUTHORIZATION TO RENAME 50TH STREET AND ANY ACTION IN
CONNECTION THERETO
Councilmember Morrison requested the item and City Engineer Clinton Bailey presented background
information. A copy of the presentation is part of the permanent supplemental minute record.
Mr. Bailey informed there is an application process, a public notice requirement to all the residences along the
street, Planning Commission review and approval, a cost associated with the replacement of the signage, and he
commented on the impact of the name change to the surrounding residences.
Discussion was held on the name of the street, the negative impact of changing the name, and centralizing the
name recognition as opposed to a specific region of the city.
Motion, to move forward with renaming 50th Street or find a location to name a street in recognition of the
veterans within the City, was made by Councilmember Farmer and seconded Councilmember Alexander.
Due to the nature of the motion and the relation to item as posted, Ms. Farmer rescind her motion.
Motion, to direct staff to move forward with renaming 50th Street and providing discretion on the name, was
made by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander,
Morrison, Silvas, Adams, and Hirschfeld. NAY: Farmer. Motion carried 6-1.

Minutes

RECESS
At 10:06 A.M., Mayor New called a recess.
RECONVENE
At 10:15 A.M., Council reconvened, and the following business was transacted:
APPROVAL OF A RECOMMEND CHANGE TO THE COMMUNITY & HOUSING SUPPORT HOUSING
GUIDELINES FOR CDBG AND HOME HOUSING PROGRAMS
Neighborhood and Family Services Director Bob Salas presented background information. A copy of the
presentation is part of the permanent supplemental minute record.

Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld.
Discussion was held on selection criteria for the general contractors and that such provisions should be
addressed in the contract or other options to satisfy the needs of the project. Councilmember Hirschfeld
withdrew his motion and Councilmember Adams his second.
Motion, to add recapture language to protect the city in foreclosure cases, was made by Councilmember
Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.
AUTHORIZATION TO ALLOW PLACEMENT OF A FREESTANDING SIGN WITHIN PUBLIC RIGHT-
OF-WAY AT 37 EAST HARRIS AVENUE (FIRST BAPTIST CHURCH), INCLUDING CONDITIONS
AND AN INDEMNIFICATION CLAUSE TO THE PERMIT, AS ADDRESSED IN CHAPTER 12 SECTION
12.617.1.E OF THE CITY OF SAN ANGELO’S CODE OF ORDINANCES, AND AUTHORIZATION FOR
THE CITY MANAGER TO EXECUTE SAID PERMIT
Community and Economic Development Director Shawn Lewis presented background information. A copy of
the presentation is part of the permanent supplemental minute record.
Discussion was held on the legality of placing the sign within the right-of-way, granting the permit to install
such signage, and the indemnification of the City’s responsibility via a contractual relationship, in this case the
permit.
Motion, to add a condition to the permit with the understanding that said permit shall provide for complete
indemnification of the City and ensure the sign does not approach beyond the planter area, and to authorize the
City Manager to execute said agreement, was made by Councilmember Hirschfeld and seconded by
Councilmember Morrison.
Public comment was made by Proponent Basil Jordan.
A vote was taken on the motion on the floor. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF PUBLIC RIGHT-OF-WAY AROUND CITY HALL IN DOWNTOWN SAN
ANGELO,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’
NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to
and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and
extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with
West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment
of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending
north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of

Minutes Page 37

Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x
93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City
Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in
downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING
PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM
DEED TO THE ABUTTING PROPERTY OWNERS
the presentation is part of the permanent supplemental minute record.
Discussion was held on the increased parking spaces due to the proposed changes.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
AUTHORIZATION OF A REQUEST TO ALLOW AN ATTACHED SIGN LARGER THAN THE
MAXIMUM 16 SQUARE FEET AS ALLOWED IN SECTION 12.604(B)(2)(C)(IV) OF SAN ANGELO’S
SIGN ORDINANCE, TO PERMIT AN APPROXIMATELY 18 SQUARE FOOT ATTACHED SIGN TO BE
LOCATED AT 221 SOUTH CHADBOURNE STREET
the presentation is part of the Permanent Supplemental Minute Record.
Motion, to authorize, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXES
FOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR: (ANNEX F, PAGE 53, ORDINANCE
#2011-09-104)
AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION
THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS,
FOR THE 2011-2012 BUDGET YEAR
Finance Director Michael Dane presented background information.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Morrison and seconded by
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING FIRE
DEPARTMENT STAFFING POSITIONS
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF
ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED
“CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b),
ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO
CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY
INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND
DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91),
SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY,
AND PROVIDING EFFECTIVE DATES
Fire Chief Brian Dunn presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld. Motion carried unanimously.

Minutes

DISCUSSION OF STORMWATER QUALITY DATA COLLECTED DURING AUGUST 13, 2011 STORM
EVENT
Upper Colorado River Authority Hydrologist Chuck Brown and City Engineer Clinton Bailey presented
background information. A copy of the presentation is part of the Permanent Supplemental Minute Record.
Discussion was held on the monitoring locations throughout the City and collection measurements in relation to
effectiveness of the stormwater quality program.
Public comment was made by Citizen Jim Ryan.
RECESS

At 11:57 A.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:29 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 551.072 to deliberate the purchase, exchange,
lease, or value of real property; 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; and 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.
OPEN SESSION (continued)
At 1:48 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:48 P.M., Mayor New called a recess.
RECONVENE
At 1:54 P.M., Council reconvened, and the following business was transacted:
DIRECTION TO STAFF TO MAKE THE RECOMMENDED CHANGES ON THE WATER
CONSERVATION/DROUGHT CONTINGENCY PLAN OPTIONS
Water Utilities Director Will Wilde presented background information. A copy of the report/presentation is part
of the Permanent Supplemental Record.
Extensive discussion was held and the following changes were recommended:
General Provisions - Watering Frequency: Frequency based on “days landscape is watered” rather than “area
being watered”
Landscape watering allowance: Drought Level (DL)

Water Conservation DL I DL II DL III
Lawns, Shrubs & Trees Twice a week 2 times every 7 days Once every 2 weeks Not allowed
Greens Daily Daily Daily Not allowed
Tees Twice a week Twice a week Once a week Not allowed
Athletic Fields Twice a week Twice a week Once a week Not allowed

Minutes Page 39

Newly Planted Grass Daily for 28 days Daily for 28 days No Exemption Not allowed
Newly Planted Trees or Daily for 28 days Daily for 28 days No Exemption Not allowed
Shrubs

Surcharge Table: Residential
Surcharge Rate Water Conservation DL I DL II DL III
$1.50 40,000
$2.50 50,000
$5.00 60,000
$2.00 25,000
$3.50 35,000
$6.00 45,000
$3.50 10,000
$5.00 15,000
$8.00 20,000
$6.00 10,000

Commercial Charges: Schools, colleges, parks, cemeteries, golf courses and athletic fields are exempt from
surcharges under Water Conservation and Drought Level I; but not Drought Level II

General discussion was held on providing a financial analysis determining the impact of the changes to the
budget and water line items, providing a provision within the ordinance for large entities to submit their
watering plans; and adding a penalty clause for anyone that violates the “trigger point” for the highest surcharge
level.
Public comment was made by Citizen David Lewis.
RECESS

At 3:01 P.M., Mayor New called a recess.

RECONVENE

At 3:11 P.M., Council reconvened, and the following business was transacted:
APPROVAL TO CONSOLIDATE THE PARK COMMISSION AND RECREATION BOARD; THE
HISTORIC PRESERVATION (HP) AND RIVER CORRIDOR COMMISSION (RCC); AND TO
ESTABLISH THE NEWLY CREATED HP/RCC BOARD AS A SUBCOMMITTEE OF THE PLANNING
COMMISSION
PARKS & RECREATION
City Manager Harold Dominguez and Parks and Recreation Director Carl White presented background
information. Mr. Dominguez explained an ordinance authorizing the consolidations will be required.
Motion, to authorize consolidation the Park Commission & Recreation boards, as presented, was made by
Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.
COMMUNITY & ECONOMIC DEVELOPMENT
City Manager Harold Dominguez and Community and Economic Development Director Shawn Lewis
presented background information.

Minutes

General discussion was held on the oversight of the Downtown Development Commission boundaries and
further consolidating the Historic Preservation and River Corridor boards with Planning Commission.
Motion, to consolidate River Corridor and Historic Preservation Commissions into one board and further
authorize the newly created board as a subcommittee of Planning Commission, was made by Councilmember
Hirschfeld and Councilmember Farmer. Motion carried unanimously.
TABLING OF THE ADOPTION 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
City Clerk Alicia Ramirez presented background information. A copy of the report/presentation is part of the
Permanent Supplemental Record.
Public comments were made by citizens Jim Ryan and Jim Turner.
Discussion was held on the term lengths and other options available. Council determined consideration should
be given to the two year unstaggered term option.
Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Morrison.
Motion carried unanimously.
Mayor suggested staff present information regarding unstaggered terms at a future meeting.
POSTPONEMENT ON THE DISCUSSION AND POSSIBLE ACTION REGARDING EMPLOYEE
ALTERNATE WORK SCHEDULE
Mayor New suggested postponing the item. Council concurred.
PRESENTATION AND DISCUSSION ON THE FORMAT OF THE WATER UTILITY STATEMENT AND
ANY ACTION IN CONNECTION THERETO
Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the
Permanent Supplemental Record.
General discussion was held on the options presented and by consensus, Council agreed Option #2 to be the
better of the two options. Council also suggested staff include the water/sewer capital improvement contribution
rates and, for those customers that reach the “trigger points”, the overage surcharge data information.
Councilmember Farmer suggested Water Utility staff should be prepared to explain and educate the customers
on the details of the statement.
Public comments were made by Citizens Jim Ryan and David Lewis.
POSTPONEMENT OF DESIGNATING A MARKER NAME, TO WIT: HUGHES POINT, AT LAKE
NASWORTHY AT THE END OF CAMPER ROAD
POSTPONEMENT OF DISCUSSION AND CONSIDERATION OF OFFERING FINANCIAL,
TECHNICAL, AND RELATED (PERSONNEL, AND EQUIPMENT) ASSISTANCE TO RURAL FIRE
DEPARTMENTS
DISCUSSION OF COUNCIL POLICY AND PROCEDURE FOR MEETINGS
Councilmember Morrison requested the item and commented on conducting City Council meetings in the
evening.

Minutes Page 41

Public comments were made by Citizens Barbara Pratt, Jim Ryan, and Jim Turner.
General discussion was held on selecting a date for an evening meeting, what constitutes and who determines a
“hot button” item, considering items affecting the entire city at the evening meetings, and holding town
hall/special meetings. In conclusion, Council suggested further consideration will be made should City Council
members receive additional requests by their constituents. City Manager Harold Dominguez stated at the
request of the City Council member or the public, that he and staff will schedule public meetings separate and
apart from the City Council meetings. He commented on the Charter requirement to hold such meetings for the
Capital Improvement Plan.

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 FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed October 4, 2011 Agenda and solicited Council
comments and suggestions.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Morrison. Motion
carried unanimously.
The meeting adjourned at 5:32 P.M.


___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-F

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

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo
Memo

Date: September 21, 2011

To: Councilmembers

From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance

Subject: Agenda Item for October 4, 2011

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

Caption: Consent
Consideration of awarding bid VM-07-11 for one Backhoe-Loader, and
authorizing the City Manager or designee to execute any necessary related
documents.

Summary: The Vehicle Maintenance Department requested bids for one backhoe-loader for the
Water Reclamation Department. Solicitations were sent to and received from Cisco Equipment –
San Angelo, TX, ASCO Equipment – San Angelo, TX, Warren Caterpillar – San Angelo, TX, and
Yellowhouse Equipment – San Angelo, TX.

History: Bids were requested for replacing current equipment that are past its useful operational
life. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1)
year from the date of award.

Vendor selection is based on the financial impact; 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 purchase will consist of one (1) unit for $66,250.00 from Yellowhouse
Equipment. The budget account for this transaction will be 270-5400-800-0741.

Related Vision Item: NA

Other information/Recommendation: Staff recommends awarding the bid in its entirety to
Yellowhouse Equipment.

Attachments: Bid Tabulation VM-07-11

Reviewed by: Ricky Dickson, Director – Operations

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-07-11 - Backhoe-Loader.doc

CITY OF SAN ANGELO
BID TABULATION * RFB NO: VM-07-11/Backhoe-Loader * September 14, 2011

WarrenCat Cisco Equipment Yellowhouse Machinery ASCO
Extended Extended Extended Extended

QTY
Item
Description Unit Price Price Unit Price Price Unit Price Price Unit Price Price
1 New and Unused Backhoe-Loader 1 No Bid No Bid $ 64,940.00 $ 64,940.00 $ 66,250.00 $ 66,250.00 $ 61,994.00 $ 61,994.00
2 AM/FM Radio 1 $ - $ 395.00 $ 395.00 included $ 135.00 $ 135.00
3 Auxiliary Hydraulics 1 $ - $ 2,950.00 $ 2,950.00 included $ 1,925.00 $ 1,925.00
4 Extended Warranty 1 $ - $ 3,567.00 $ 3,567.00 included see attached
5 Parts, Service, and Operator Manuals 1 $ - no charge included $ 1,475.00 $ 1,475.00
Total Bid No Bid $ 71,852.00 $ 66,250.00 $ 65,529.00

NO BID- Did not submit
bid sheet with package.

Y:11-RFXVehicle MaintenanceVM-07-11 Backhoe LoaderVM-07-11 BID TAB/Bid Tab

City of San Angelo
Memo

To: Councilmembers

From: Patrick Frerich, Vehicle Maintenance



Caption: Consent

Consideration of awarding bid VM-09-11- Light Duty Vehicles, and authorizing
the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles
from Jim Bass Ford – San Angelo, TX, Philpott Motors – Nederland, TX, All American Autoplex –
San Angelo, TX, All American Chevrolet – San Angelo, TX, Baby Jack II Automotive – Caldwell,
TX, Dallas Dodge – Austin, TX, Sam Pack’s Five Star Ford – Carrolton, TX, Allen Samuels
Chrysler Dodge Jeep – Waco, TX, Hall Buick Pontiac GMC – Tyler, TX, Mac Haik Ford –
Georgetown, TX, Mitchell Toyota Kia – San Angelo, TX, and Reliable Chevrolet – Richardson,
TX. Bids were received from Jim Bass Ford and Caldwell Country Chevrolet Ford.

History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of
replacing current units that are past their useful operational life and expansion of fleet. Formal
bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised
in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A
vendor and their submitted pricing is approved and used as the basis for ordering vehicles
throughout the term year. Awards are given 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.

Financial Impact: The City recommends awarding the bid to both Jim Bass Ford and Caldwell
Country Chevrolet Ford as indicated on the bid tab for the acquisition of light duty vehicles.
Purchases will encompass approximately $200,000 from various capital accounts within the
General Fund, Water Fund, Storm Water Fund, and Airport Fund. This bid will be used for this
purchase and the prices submitted will be used for all subsequent purchases.


Other information/Recommendation: Staff recommends awarding the bid and subsequent light
duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford
(Caldwell, TX) as assigned on Bid Tabulation VM-09-11.



C:Documents and Settingsalicia.ramirezLocal SettingsTemporary Internet FilesContent.Outlook25DHVA3YBackground Memo
VM-09-11 - Light Duty Vehicles.doc

C I T Y   O F   S A N   A N G E L O
BID TABULATION * RFB NO: VM‐09‐11/Light Duty Vehicles * September 8, 2011

Vendor Caldwell Country Chevrolet Ford Jim Bass Ford

Est Qty Total Bid Delivery Days Est Qty Total Bid Delivery Days
1/4 Ton Regular Cab 1 $
21,740.00 90 NO BID
Make and Model Quoted 2012 Chevrolet Colorado

1/4 Ton Extended Cab 1 $
21,699.00 90 NO BID
Make and Model Quoted 2012 Chevrolet Colorado

22,818.00 90 1 $
24,965.00 60
Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F150

1/2 Ton Extended Cab 1 $
24,991.00 90 1 $
27,277.00

1/2 Ton Crew Cab 1 $
28,030.00 90 1 $
30,469.00 60

25,089.00 90 1 $
24,408.00 60
Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F250

3/4 Ton Extended Cab
Ton Extended Cab 1 $            26,712.00 90 1 $              ,346.00
26 60

3/4 Ton Crew Cab 1 $
27,634.00 90 1 $
27,620.00 60

1 Ton DRW Regular Cab 1 $
26,931.00 90 1 $
26,651.00 60
Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW

1 Ton DRW Extended Cab 1 $
28,482.00 90 1 $
28,635.00 60
Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW

1 Ton DRW Crew Cab 1 $
30,208.00 90 1 $
29,620.00 60
Make and Model Quoted 2012 Chevrolet 3500HD 2012 F350 Chassis DRW

1.5 Ton DRW Regular Cab 1 $
47,325.00 90‐120 1 $
32,978.00 60
Make and Model Quoted 2012 Ford F450 2012 F450 Chassis DRW

1.5 Ton DRW Extended Cab 1 $
49,793.00 90‐120 1 $
34,949.00 60
Make and Model Quoted 2012 Ford F450 Supercab X4 2012 F450 Chassis DRW

1.5 Ton DRW Crew Cab 1 $
50,920.00 90‐120 1 $
36,274.00 60
Make and Model Quoted 2012 Ford F450 Crew 2012 F450 Chassis DRW

1/4 Ton Utility Vehicle 1 $
20,732.00 90 1 $
19,586.00 60
Make and Model Quoted 2012 Ford Escape XLS 2012 Ford Escape

25,622.00 90 1 $
24,478.00 60
Make and Model Quoted 2012 Ford Explorer XL K7B 2012 Ford Explorer

39,760.00 90 1 $
27,757.00 60
Make and Model Quoted 2012 Chevrolet 2500 Suburban 2012 Ford Expedition

1 Ton Passenger Van 1 $
24,212.00 90‐120 1 $
24,902.00 60
Make and Model Quoted 2012 Chevrolet 3500 Express Pass Van 2012 Ford E350 Wagon

Requests for Bids Mailed To:
All American Autoplex San Angelo TX
All American Chevrolet San Angelo TX
Allen Samuels Chrysler/Dodge/Jee Waco TX
Baby Jack II Automotive LTD Caldwell TX
Dallas Dodge Austin TX
Hall Buick, Pontiac, GMC Tyler TX
Jim Bass Ford San Angelo TX
Mac Haik Ford Georgetown TX
Mitchell Toyota Kia San Angelo TX
Philpott Motors LTD Nederland
Nederland TX
Reliable Chevrolet Richardson TX
Sam Pack's Five Star Ford Carrolton TX

C I T Y   O F   S A N   A N G E L O
BID TABULATION * RFB NO: VM‐11‐11/Mowing Equipment * September 16, 2011

Cisco Equipment Porter Henderson Austin Turf
Extended Extended

QTY
Item
Description Unit Price Extended Price Unit Price Price Unit Price Price
1 New and Unused Tractor 1 $
42,314.00 $       42,314.00 No Bid No Bid
2 New and Unused Batwing Rotary Cutter 1 $
14,737.00 $       14,737.00 No Bid No Bid
3 New and Unused 3‐Point Rotary Cutter 1 $
5,938.00 $         5,938.00 No Bid No Bid
Total Bid $
62,989.00 $                ‐
$             ‐

Bids Requested From:
Cisco Equipment San Angelo, TX
Porter Henderson San Angelo, TX
Austin Turf and Tractor Marble Falls, TX

City of San Angelo
Memo


To: Councilmembers




Caption: Consent

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

Summary: The Vehicle Maintenance Department requested formal bids for mowing equipment
including tractors, 6’ shredders, and 15’ batwing shredders from Cisco Equipment – San Angelo,
TX, Austin Turf and Tractor – Marble Falls, TX, and Porter Henderson Implement Co. – San
Angelo, TX. Requests for Bid were also advertised in local media. Bids were received from 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

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.

Financial Impact: The City recommends awarding the bid in its entirety to Cisco Equipment.
The purchase will consist of one (1) tractor and one (1) batwing rotary cutter, for a total amount
expensed of $57,051.00. The budget account for this transaction will be 260-4400-800-0741.


Other information/Recommendation: Staff recommends awarding the bid in its entirety to
Cisco Equipment.


Reviewed by: Will Wilde, Director – Water

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

City of San Angelo
Memo


To: Councilmembers




Caption: Consent
Consideration of awarding HGAC quote VM-17-11 for Street Sweepers, and
authorizing the City Manager or designee to execute any necessary related
documents.

Summary: The Vehicle Maintenance Department requested quotes for one Regenerative Air
Street Sweeper for the Storm Water Department. Tymco, Inc. responded through the State
approved purchasing co-op HGAC.

History: Quotes were requested for an additional unit to help meet the requirement of the
Federal Storm Water Mandates implemented in 2008. If awarded, the bid may be used for this
and subsequent purchases for a period of 1 year from the date of award.

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 Tymco for the acquisition of one
street sweeper for a total amount expensed of $195,170.00 through the Houston-Galveston
purchasing co-op. The budget account for this transaction will be 240-5800-800-0741.


Other information/Recommendation: Staff recommends awarding the quote in its entirety to
Tymco.

Attachments: None


X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-17-11 - Street Sweepers.doc

CITY OF SAN ANGELO
BID TABULATION * RFB NO: WU‐13‐11/ 2011 Trench Repair* September 22, 2011

Vendor Total Bid Bid Bond
CM Construction $         1,029,878.18 Y
Darnell & Dickson $         1,128,329.58 Y
Housley Communications $         1,107,693.53 Y

Requests for Bid were mailed to:
4 K Construction San Angelo TX

Angelo Underground Utilities &
Construction San Angelo TX
CAS Construction Co. Wimberly TX
CM Construction Mertzon TX
Crushed Stone & Ashalt or CSA San Angelo TX
Darnell & Dickson San Angelo TX
Goode Construction San Angelo TX
Housley Communication Inc San Angelo TX
J & N Utilities Abilene TX
James Walters Carlsbad TX
JENCO San Angelo TX
Jeranimo Landeros Buffalo Gap TX
Joe Moore Pipeline Abilene TX
Price Construction Big Spring TX
Reece Albert San Angelo TX
Roberts Construction San Angelo TX
S.W. Sdidel Construction Christoval TX
Sanborn Asphalt Specialities San Angelo TX
Seidel Inc San Angelo TX
SR Baxter Construction, LLC Wall TX
Statewide Construction San Angelo TX
Texas Water & Soil San Angelo TX
Mr. Daniel Cardenas San Angelo TX
TC Trucking and Construction San Angelo TX

CONTRACT FOR 2011 UTILITY TRENCH REPAIR

This Contract is entered into this ___ day of ____________, 2011 in Tom Green County,

Texas by and between Jerry M. Peters and Carlos Macias D/B/A CM CONSTRUCTION CO.,

hereinafter called “Contractor”, and the CITY OF SAN ANGELO, Texas, a Texas home-rule

municipal corporation, hereinafter called “City”. The parties agree as follows:

RECITALS

A. The City of San Angelo Water Utilities Department is responsible for carrying out

the City of San Angelo’s regular utility line repair and replacement program at various locations

throughout the city.

B. City has issued a Request for Bid for Water Utilities Trench Repair 2011 No.

WU-13-11 (“RFB No. WU-13-11”) to perform repair of asphalt cuts resulting from work on

water and wastewater systems (“Work”); and Contractor’s bid, in response thereto, has been

selected as the most qualified proposal for the provision of the Work.

C. The Council of the City of San Angelo approved the selection of Contractor on

________________, 2011, and authorized the City Manager to negotiate and execute a contract,

under the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein

contained, City and Contractor agree as follows:

1. STATEMENT OF WORK

A. Description of Work. Contractor shall furnish all of the material, supplies, tools,

equipment, labor and other services necessary for the construction and completion of the

Work described herein and complete all the Work as specified or indicated in the

Contract Documents incorporated herein by reference in Section 3 of this Contract.

Contractor shall be responsible for the following:

1) Completion of the Work described in RFB No WU-13-11 2011 Utility Trench Repair

Contract. Contractor shall furnish all material, accessories, labor, and equipment

necessary for completing the repair of utility trenches and, all other work specified in

the technical specification documents and drawings included with the Contract

Documents incorporated herein by reference in Section 3 of this Contract and in

accordance with the terms and conditions set forth herein and within those Contract

Documents;

2) The description of the work to be completed shall hereinafter be referred to as the

“Work.”

B. Time of Performance. Contractor agrees to perform the directed Work throughout the

term beginning November 1, 2011 and ending February 28, 2013 (“Contract Time”) after

the date the Work commences as established by the Notice to Proceed. Contractor

further agrees that approval for beginning Work on the project will not be awarded and

that Work will not start until all required bonds and insurance certificates specified in the

bid documents have been received and approved by the City.

C. Liquidated Damages. City and Contractor recognize that timely completion of this

project is necessary to prevent delays in street reconstruction project(s) and to minimize

2

project impact to the public and the time of performance is of the essence in this Contract

and that City will suffer financial loss if the Work is not substantially complete within the

time specified in paragraph 1.2 above, plus any extensions thereof allowed. Both parties

hereto also recognize the delays, expense, and difficulties involved in proving in a legal

proceeding the actual loss suffered by City if the Work is not substantially complete on

time. Accordingly, instead of requiring such proof, City and Contractor agree that a

reasonable estimate of liquidated damages for any delay (but not as a penalty) would be

for Contractor to pay City Fifty Dollars ($50.00) per delinquent permit for each calendar

day that expires after the time specified in paragraph 1.2 until the Work is substantially

complete. Therefore, Contractor shall pay as liquidated damages Fifty Dollars ($50.00)

per delinquent permit for each calendar day that expires after the time specified in

paragraph 1.2 until the Work is substantially complete.

D. Contract Price. City shall pay to Contractor for performance of the Work embraced in

this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of

One Million Twenty Nine Thousand Eight Hundred Seventy Eight and 18/100 Dollars

($1,029,878.18) subject to adjustment only as provided by approved change order, for all

Work covered by and included in the contract award; payment thereof to be made in

current funds in the manner provided in paragraph 2 below.

2. PAYMENT PROCEDURES

A. Contractor shall submit Applications for Payment in accordance with the General

Conditions as shown in RFB No. WU-13-11 and City shall process the Applications for

Payment in accordance with the General Conditions, except that progress payments and

3

the final payment under this Contract shall be made as set as follows:

1) Payments. City shall make payments of the Contract Price on the basis of

Contractor’s applications for payment on or about the thirtieth (30th) day after

submittal of the application for payment each month All payments be based upon the

completed portions of requested Work and as further provided for in the General

Conditions.

2) Final Payment. Upon completion and acceptance of the Work by City in accordance

with the General Conditions, City shall pay the amount provided for in the Contract

Documents.

3. CONTRACT DOCUMENTS

The following documents from the City of San Angelo are incorporated herein by reference for

all purposes, as if fully set out verbatim:

Request for Bid for the 2011 Utility Trench Repair Contract No. WU-13-11 (“RFB No.

WU - 13 - 11”)

All of the documents, conditions, specifications, technical data, drawings, requirements

and addenda comprising said Bid Invitation number as of the time this Contract is entered

by Contractor and City.

4. CONTRACTOR’S REPRESENTATIONS

A. In order to induce City to enter into this Contract, Contractor makes the following

representations to City:

4

1) Contractor has familiarized itself with the nature and extent of the Contract

Documents, Work, and with all local conditions and federal, state and local laws.

2) Contractor has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of the Work at the Contract

Price, within the Contract Time and in accordance with the other terms and conditions

of the Contract Documents; and no additional examinations, investigations or similar

data are, or will be required by Contractor for such purposes.

3) Contractor has given City advanced written notice of all conflicts, errors, or

discrepancies that it has discovered in the Contract Documents prior to bidding and

the written resolution thereof by City is acceptable to Contractor.

4) Contractor is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

5. INDEMNIFICATION

A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY,
DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND
COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,
CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS,
JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’
FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING
AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH
OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING
FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION
OR IN ANY MANNER ATTRIBUTABLE IN WHOLE OR IN PART TO ANY ACT
OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS

5

AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR
AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR
PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE
PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR
ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS
INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS
LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL
REQUIRE EITHER PARTY TO THIS CONTRACT TO INDEMNIFY, DEFEND, OR
HOLD HARMLESS THE OTHER FOR THE PARTY’S OWN GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT.

B. ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO
INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD
AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,
CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS,
JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’
FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL
ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN
CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF
CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE,
DISPOSAL, TREATMENT, RECOVERY, AND/OR RESUSE BY ANY PERSON
UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED,
TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH
ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR,
SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER
CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMINFY,
DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES
AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA
CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN
SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE

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AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER
ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR
OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS
DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION
SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE
TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY
KIND
C. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR
IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT
AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES
TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT
ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG
AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR
CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO
ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS
CONTRACT.
D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS
CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS
OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY
TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING
THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR.

E. APPLICATION TO SURROUNDING PROPERTY, THE INDEMNIFICATION
PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS
RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY
OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS,
TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND
SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR,
DURING THE TERM OF THIS CONTRACT OR PREVIOUS CONTRACTS
BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE
CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED,

7

MANAGED OR MONITORED.

6. INSURANCE

A. GENERAL CONDITIONS. The following conditions shall apply to all insurance

policies obtained by Contractor for the purpose of complying with this Contract.

1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms

of policies satisfactory to City and with insurers licensed to do business in Texas.

2) Named Insureds. All insurance policies required herein shall be drawn in the name of

Contractor, with City, its council members, board and commission members,

officials, agents, guests, invitees, consultants and employees named as additional

insureds, except on Workers’ Compensation coverage.

3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect

to all insurance policies, to waive all rights of subrogation against City, its council

members, board and commission members, officials, agents, guests, invitees,

consultants and employees.

4) Certificates of Insurance. At or before the time of execution of this Contract,

Contractor shall furnish City’s Risk Manager with certificates of insurance as

evidence that all of the policies required herein are in full force and effect and provide

the required coverage and limits of insurance. All certificates of insurance shall

clearly state that all applicable requirements have been satisfied. The certificates

shall provide that any company issuing an insurance policy shall provide to City not

less than thirty (30) days advance notice in writing of cancellation, non-renewal, or

material change in the policy of insurance. In addition, Contractor and insurance

company shall immediately provide written notice to City’s Risk Manager upon

8

receipt of notice of cancellation of any insurance policy, or of a decision to terminate

or alter any insurance policy. Certificates of insurance and notices of cancellations,

terminations, or alterations shall be furnished to City’s Risk Manager at City Hall,

106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76903.

5) Contractor’s Liability. The procurement of such policy of insurance shall not be

construed to be a limitation upon Contractor’s liability or as a full performance on its

part of the indemnification provisions of this Contract. Contractor’s obligations are,

notwithstanding any policy of insurance, for the full and total amount of any damage,

injury, or loss caused by or attributable to its activities conducted at or upon the

premises. Failure of Contractor to maintain adequate coverage shall not relieve

Contractor of any contractual responsibility or obligation.

6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub-

Contractor of Contractor to purchase and maintain insurance of the types and in the

amounts specified below. Contractor shall require Subcontractors and Sub-

subcontractors to furnish copies of certificates of insurance to City’s Risk Manager

evidencing coverage for each Subcontractor and Sub-subcontractor.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall obtain

and continuously maintain in effect at all times during the term hereof, at Contractor’s

sole expense, insurance coverage as follows with limits not less than those set forth

below:

1) Commercial General Liability. This policy shall be occurrence-type policy and shall

protect the Contractor and additional insureds against all claims arising from bodily

injury, sickness, disease or death of any person (other than the Contractor’s

9

employees) and damage to property of the City or others arising out of the act or

omission of the Contractor or its agents and employees. This policy shall also include

protection against claims for the contractual liability assumed by Contractor under the

paragraph of this Contract entitled “Indemnification,” including completed

operations, products liability, contractual coverage, broad form property coverage,

explosion, collapse, underground, premises/operations, and independent contractors

(to remain in force for two years after final payment). Coverage limits shall not be

less than:

$2,000,000.00 General Aggregate

$1,000,000.00 Products- Completed Operations

$1,000,000.00 Personal & Advertising Injury

$1,000,000.00 Each Occurrence

$ 100,000.00 Fire Damage (any one fire)

2) Business Automobile Liability. This policy shall protect Contractor and the

additional insureds against all claims for injuries to members of the public and

damage to property of others arising from the use of motor vehicles and shall cover

operation on and off the premises of all motor vehicles licensed for highway use,

whether they are owned, non-owned or hired. Coverage limits shall not be less than:

$1,000,000.00 Combined Single Limit

3) Workers Compensation and Employer’s Liability. If Contractor hires any employees,

10

Contractor shall maintain Workers Compensation and Employer’s Liability

insurance, which shall protect the Contractor against all claims under applicable state

workers compensation laws and employer’s liability. The insured shall also be

protected against claim for injury, disease or death of employees which for any

reason, may not fall within the provisions of a workers compensation law. Coverage

shall not be less than:

Statutory Amount Workers’ Compensation

$ 500,000.00 Employer’s Liability, Each Accident

$ 500,000.00 Employer’s Liability, Disease - Each Employee

$ 500,000.00 Employer’s Liability, Disease - Policy Limit

The foregoing requirement will not be applicable if, and so long as, Contractor

qualifies as a self-insurer under the rules and regulations of the commission or agency

administering the workers compensation program in Texas and furnishes evidence of

such qualification to City in accordance with the notice provisions of this Contract.

If Contractor uses contract labor, Contractor shall require its subcontractor to

maintain the above referenced coverage and furnish copies of certificates of insurance

as required herein.

7. GENERAL PROVISIONS

A. Independent Contractor. Nothing contained in this Contract is intended to, or shall be

construed in any manner, as creating or establishing the relationship of

11

employer/employee between the parties. The Contractor shall at all times remain an

independent contractor with respect to the services to be performed under this Contract.

The City shall be exempt from payment of all unemployment compensation, FICA,

retirement, life and/or medical insurance and workers’ compensation insurance on

Contractor’s employees.

B. Default: Contractor fails to comply with any term or condition of this Contract, or fails

to perform any of its obligations hereunder, then Contractor shall be in default. Upon the

occurrence of a default hereunder the City, in addition to all remedies available to it by

law, may immediately upon written notice to Contractor, terminate this Contract

whereupon all payments, advances, or other compensation paid by the City to Contractor

while Contractor was in default shall be immediately returned to the City. Contractor

understands and agrees that termination of this Contract under this section shall not

release Contractor from any obligation accruing prior to the effective date of termination.

Should Contractor be unable or unwilling to commence to perform the Services within

the time provided or contemplated herein, then, in addition to the foregoing, Contractor

shall be liable to the City for all costs and expenses incurred by the City in the

reprocurement of the Services, including consequential and incidental damages.

C. City’s Termination Rights:

1) The City shall have the right to terminate this Contract, in its sole discretion, at

any time, by giving written notice to Contractor at least five (5) business days prior to the

effective date of such termination. In such event, the City shall pay to Contractor

compensation for services rendered and expenses incurred prior to the effective date of

termination. In no event shall the City be liable to Contractor for any additional

12

City Council October 4, 2011 Agenda Packet

City Council October 4, 2011 Agenda Packet

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City Council October 4, 2011 Agenda Packet