January 22, 2013 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, January 22, 2013
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
“School Board Recognition Month”, January 2013, to be accepted by Lanny Layman, Board President, San
Angelo Independent School District
D. Recognition
Brian Groves, City of San Angelo Employee, for outstanding service and excellent work as the City’s
Multimedia Coordinator
E. 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 January 8, 2013 City Council Regular meeting minutes
2. Consideration of awarding bid WU-17-12 for Liquid Ferrous Chloride to Kemira Water Solutions, Inc.
(Mattesson, IL), in the amount of $85,120.00 and authorizing the City Manager to execute the related
documents (submitted by Interim Water Utilities Director Ricky Dickson)
3. Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to
Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal
equipment and authorizing City Manager to execute a service agreement in substantially the attached form
between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal
of spent resin
City Council Agenda Page 1 of 5 January 22, 2013

4. Consideration of awarding RFP FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group in the
amount up to $114,743.00 and authorizing the City Manager to execute a service contract in substantially
the attached form between the City of San Angelo and Siddons-Martin Emergency Group for the repair
and maintenance of our Fire apparatus and Ambulance Fleet (submitted by Assistant Fire Chief Scott
Farris)
5. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim)
Deed conveying all right, title and interest of the City of San Angelo, and all other taxing units
interested in the Tax Foreclosure Judgment(s) located at 117 E 43rd Street, (Gonzalez), Lot 5, Block
19, Fair Park Addition, $1,500.00, Suit No. D-08-0023-T (submitted by Real Estate Administrator
Cindy Preas)
6. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim)
Deed for the purpose of Urban Redevelopment, conveying all right, title and interest of the City of San
Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 1814 Ellis
Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, B-06-0131-T (submitted by Real Estate
Administrator Cindy Preas)

7. Consideration of authorizing the City Manager to execute amendment No. 1 to Task Order No. 18, and all
related documents, between the City of San Angelo and KSA Engineers for architectural/engineering
services associated with the Airport Layout Plan (ALP) update in the amount of $72,404.00 at San Angelo
Regional Airport (submitted by Airport Director Luis Elguezabal)
8. Consideration of adopting a Resolution approving the “SNAPS” city-wide photography contest as
recommended by the Public Art Commission (“program”); directing and authorizing the Parks &
Recreation Department to facilitate and coordinate the program; and, providing for the deposit of
revenues into, and disbursements for necessary expenditures and awards from designated city accounts
(submitted by Parks and Recreation Director Carl White)
9. Consideration of adopting a Resolution approving bylaws of the City of San Angelo, Texas, Design
and Historic Review Commission; and, directing that said bylaws be filed with the City Clerk
(submitted by Planning Manager AJ Fawver)
10. Consideration of accepting the annual report of Records Management Program and consideration of
adopting a Resolution authorizing the Records Management Officer to continue implementation of the
routine operational and procedural amendments to the Records Management Program (submitted by
City Clerk Alicia Ramirez)
11. Consideration of adopting a Resolution granting a thirty foot five-inch (30’5”) variance from the
required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by
leaseholder Bruce L. Hitt, for city-owned property located at 1814 Cove Road (submitted by Interim
Water Utilities Director Ricky Dickson)
12. Consideration of adopting a Resolution authorizing the City Manager to execute an airport property
lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located at 8926
Hangar Road, San Angelo Regional Airport – Mathis Field (submitted by Airport Director Luis
Elguezabal)
13. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal
agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making
provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for
Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim
Vasquez)
14. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal
agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making
provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for Fiscal
Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez)

15. Second Hearing and consideration of adopting Ordinances amending the Code related to Animal
Control and fees: (submitted by Health Services Director Sandra Villarreal)
a. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY
REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500,
PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR
AN EFFECTIVE DATE;
b. AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL
SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION
FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL
ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,”
PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR
AN EFFECTIVE DATE;
c. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL
REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF
ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR
ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS;
STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS
BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED
ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION
FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING
FOR AN EFFECTIVE DATE
16. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager
AJ Fawver)
Z 12-18: David Mazur & Z 12-19: COSA Planning
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: Evenly addressed properties on the east side of the 300 block
of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck
Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning
classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
17. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager
AJ Fawver)
Z 12-17: CSA Materials
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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter
Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter
Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul
Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and

M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy
Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
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 551.071 to consult with attorney on a matter of attorney/client privilege
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

JOINT MEETING BETWEEN CITY COUNCIL AND DEVELOPMENT CORPORATION (see special
agenda for further information) 9:00 A.M. – 10:30 A.M.

G. PUBLIC HEARING AND COMMENT

18. Presentation and discussion of the 96-gallon cart pilot program survey results conducted by Republic
Services, and any action in connection thereto
(Presentation by Interim Operations Director Shane Kelton and Robert Searls, Municipal Services
Manager for Republic Services)
19. Consideration of adopting the 2012 San Angelo Cultural District Planning Study and any action related
thereto
(Presentation by Parks and Recreation Director Carl White and Howard Taylor, Director of the
Museum of Fine Arts)
20. Public comments for and against annexation of certain properties situated immediately west/southwest
of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive,
and located east of the Community of Faith subdivision and southwest of the Sam's Club Addition
(Presentation by Planning Manager AJ Fawver)
21. First Public Hearing and consideration of an Ordinance annexing property within the San Angelo’s
existing city limits and related matters:
AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY,
TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS
20 ACRES LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN
CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A
SOUTHWARD PROJECTION OF APPALOOSA TRAIL, ADJACENT AND CONTIGUOUS TO
THE PRESENT CORPORATE LIMITS OF THE CITY, OUT OF THE DEAF AND DUMB
ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211; DESCRIBING THE TERRITORY
ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE OF THE BOUNDARIES AND
OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING
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 OF SAID TERRITORY; DIRECTING THE FILING OF THE ORDINANCE IN
THE MANNER REQUIRED BY LAW; DIRECTING NOTICE TO SERVICE PROVIDERS;
DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING
COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)


22. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new
projects, incomplete projects, and grants
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR
NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS
(Presentation by Budget Manager Morgan Trainer)
23. Consideration of approving a naming rights proposal for the San Angelo soccer complex from Ener-Tel
and authorizing the Mayor and/or City Manager to execute the agreement with Ener-Tel and Citywise
Marketing
(Presentation by Public Information Officer Anthony Wilson)
24. Discussion of residential customer’s water consumption information
(Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES

25. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
26. Announcements and consideration of Future Agenda Items
Scheduling of Strategic Planning Meeting
27. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Wednesday, January 16, 2013, at 5:00 P.M.

/s/________________________
Alicia Ramirez, City Clerk


PROCLAMATION

WHEREAS, The mission of public schools is to meet the diverse educational needs of all children
and to empower them to become competent, productive contributors to a democratic
society and an ever-changing world; and

WHEREAS, Local school board members are committed to children and believe all children can
be successful life-long learners and that the best education is tailored to the
individual needs of each child; and

WHEREAS, Local school board members work closely with parents, educational professionals,
and other community members to create the educational vision we want for our
students; and

WHEREAS, Local school board members are responsible for ensuring the structure that provides
a solid foundation for our school system; and

WHEREAS, Local school board members are strong advocates for public education and are
responsible for communicating the needs of the school district to the public and the
public’s expectations to the district;

NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, on behalf of the City Council,
do hereby declare our appreciation to the members of the San Angelo Independent School Board
and proclaim the month of January 2013, as

“SCHOOL BOARD RECOGNITION MONTH”

in San Angelo and urge all citizens to join us in recognizing the dedication and hard work of local
school board members and in working with them to mold an education system that meets the needs
of both today’s and tomorrow’s children.

IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
to be affixed this 22nd day of January, 2013.

THE CITY OF SAN ANGELO

____________________________________
ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 179
Tuesday, January 8, 2013 Vol. 104

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 8, 2013, 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 Councilmember Morrison and pledge was led by Mayor New.
PROCLAMATIONS AND RECOGNITIONS
Western Towers for receiving the Texas Workforce Commission Employer of Excellence Texas Workforce
Commission during the 16th Annual Texas Workforce Conference on November 29, 2012, was be received by
Charles Anderson, owner of Western Towers
PUBLIC COMMENT
Public comment was made by citizen Bill Murray regarding the designated classification zone of his property
and how the property is represented on the Comprehensive Master Plan.
CONSENT AGENDA
APPROVAL OF THE DECEMBER 18, 2012 CITY COUNCIL AND DOWNTOWN DEVELOPMENT
COMMISSION JOINT AND CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID WU-14-12 FOR WASTEWATER IRRIGATION PUMP TO XYLEM INCORPORATED /
FLYGT PRODUCTS (CARROLTON, TX), IN THE AMOUNT OF $54,678.00, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS (SUBMITTED BY
INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 UP TO $400,000.00
BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN CONSTRUCTION, LLC ON THE
HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR BRUSH CLEARING REQUIRED
FOR THE EXPANSION OF THE WELL FIELD (SUBMITTED BY INTERIM WATER UTILITIES
DIRECTOR RICKY DICKSON)
AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED
VALUE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR INTERIM WATER UTILITIES
DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF
SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:
(SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)
3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves)

Minutes
Vol. 104 January 8, 2013

2872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds)
3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga)
ADOPTION OF A RESOLUTION REQUESTING THE MEMBERS OF THE 83RD LEGISLATIVE
SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR
THE TEXAS RECREATION AND PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY
RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS
STATE PARK SYSTEM (SUBMITTED BY PARKS AND RECREATION DIRECTOR CARL WHITE)
(PAGE 187, #2013-01-001)
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENT ON BEHALF OF THE CITY
AS GRANTOR, WITH CHARLES BECKER AND NANCY BECKER, GRANTEES, BEING THE
OWNERS OF A CERTAIN LANDLOCKED PARCEL OF REAL PROPERTY LOCATED AT 2059
CHRISTOVAL ROAD, FOR PURPOSES OF PERMITTING A RIGHT-OF-WAY OVER WHICH
GRANTEES SHALL CONSTRUCT A ROAD FOR PEDESTRIAN AND VEHICULAR ACCESS TO AND
FROM CHRISTOVAL ROAD AND SAID LANDLOCKED PARCEL AND ADJACENT PROPERTY
OWNED BY THE CITY, FOR JOINT USE OF THE PARTIES (SUBMITTED BY INTERIM WATER
UTILITIES DIRECTOR RICKY DICKSON) (PAGE 189, #2013-01-002)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET
FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (SUBMITTED BY BUDGET
MANAGER MORGAN TRAINER)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS
Motion, to approve the Consent Agenda, as presented, with the exception of the Archer Western Construction
change order, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried
unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
PUBLIC HEARING AND COMMENT
AUTHORIZATION FOR staff to negotiate and THE CITY MANAGER TO EXECUTE a CHANGE ORDER
#1 UP TO $400,000.00 BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN
CONSTRUCTION, LLC ON THE HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR
BRUSH CLEARING REQUIRED FOR THE EXPANSION OF THE WELL FIELD
Interim Water Utilities Director Ricky Dickson presented background information.
General discussion was held on the funding of the project provided as a loan by the Water Development Board
and whether such cost maybe reimbursed, the importance to proceed with the necessary brush clearing, the
negative impacts should the City not approve the change order,
Motion, to authorize to proceed, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Adams.
Further discussion was held on the planned projected use, the data regarding the amount of water available as
provided by hydrologist.
A vote was taken on the motion on the floor. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 12-18: David Mazur & Z 12-19: COSA Planning

Minutes Page 181
January 8, 2013 Vol. 104

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: Evenly addressed properties on the east side of the 300 block of North
Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2,
Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General
Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplement Record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Hirschfeld. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 12-17: CSA Materials
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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson
Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more
specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2,
Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the
zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Farmer. Motion carried unanimously.
APPROVAL OF AN APPEAL OF PLANNING COMMISSION'S DECISION TO DENY CASE NUMBER
CU 12-14, REQUESTING APPROVAL OF A CONDITIONAL USE TO ALLOW FOR “HOUSEHOLD
LIVING” FOR AN AREA CURRENTLY ZONED GENERAL COMMERCIAL (CG), SPECIFICALLY AT
AN UNADDRESSED TRACT OF LAND ON THE NORTHWEST CORNER OF KNICKERBOCKER
ROAD AND VALLEYVIEW BOULEVARD, MORE SPECIFICALLY OCCUPYING THE SOUTH HILLS
ADDITION, BLOCK 51, LOTS 3 THROUGH 10 IN SOUTH CENTRAL SAN ANGELO

General discussion was held on possible conditional uses and how much detail may be imposed as part of the
approval, possible detail to conform within the surroundings, pros and cons with the residential use designation,
traffic concerns, quality of construction and conforming with the neighborhood, availability and possibly
authorizing architectural restrictions,
Public comments were made by Proponent Brad Morris, Home Builder Louis Blanek, Realtor Nancy Vincent,

Minutes

Opponents Greg Keeling, Frieda Ingram, Mona Leggett, Bill Robbins, EJ Roberts, Jim Whitten, and Chris
Zapata.
Responding to questions by Councilmember Farmer, Mr. Morris stated his company will be the managers of the
community and Mr. Keeling agreed to consider a gated community. Planning Manager AJ Fawver informed of
the complications of private street ownership.
Councilmember Alexander suggested an RS-1 designation; implement architectural restrictions
Motion, to remand the item to the Planning Commission, allow specific restrictions and conditions, to include
specific architectural restrictions that conform with the vision of the proponents, builders, and nearby residential
owners, was made by Councilmember Alexander. Motion failed due to the lack of a second.
Motion, to overturn the appeal of the Planning Commission subject to the conditions that the Planning
Department provide oversight of the construction and issues addressed ensuring conformance and compatibility
of the existing neighborhood, and allow the submittal of appeals to the City Council, was made by
Councilmember Farmer and seconded by Councilmember Hirschfeld.
Ms. Fawver stated the legal requirements do not allow the case to be remanded to the commission, but Council
can designate to another body, e.g. staff, department, or Planning Commission.
Councilmember Hirschfeld must conform or visually compatible with surrounding neighborhood, thereby
providing flexibility to the builder and developer.
A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Hirschfeld, and Farmer.
NAY: Adams. Motion carried 6-1.
RECESS
At 11:14 A.M., Mayor New called a recess.
RECONVENE
At 11:30 A.M., Council reconvened, and the following business was transacted:
PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED
IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 8.995
ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED EAST OF
THE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWEST OF THE SAM'S CLUB ADDITION

Mayor New opened the floor to provide public comment for and against the annexation. No comments were
made. Mayor New closed the public comment period.
PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED
IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00
ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S.
HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL
Planning Manager AJ Fawver presented background information. A copy of the report/presentation is part of
the Permanent Supplemental Record.

Mayor New opened the floor to provide public comment for and against the annexation. No comments were
made. Mayor New closed the public comment period.

APPROVAL OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-01-12:

Minutes Page 183

• DISCUSSION OF PROPOSALS SUBMITTED FOR REQUEST FOR PROPOSAL HR-01-12 FOR
INDIVIDUAL AND AGGREGATE STOP LOSS INSURANCE
• SELECTION OF AMWINS FIDELITY AS THE BENEFIT PROVIDER RELATED TO REQUEST FOR
PROPOSAL HR-01-12, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY
RELATED DOCUMENTS

Human Resources Director Lisa Marley presented background information. A copy of the presentation is part of
the Permanent Supplement Record.
Motion, to approve and select AmWins, including changing terms and related increased cost, as presented, was
made by Councilmember Adams and seconded by Councilmember Hirschfeld.
General discussion was held on the extension of the terms and analyzing the costs and terms for future years.

POSTPONEMENT Of ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITH
SKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGAR
ROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORT

Mayor New informed the item has been tabled to a future meeting. Council concurred.
ADOPTION OF A RESOLUTION TO EXECUTE A LEASE OF THE FOSTER COMMUNICATIONS
COLISEUM TO UNDERWATER FOOTBALL, LLC, D/B/A THE SAN ANGELO BANDITS, FOR
SCHEDULED INDOOR FOOTBALL GAMES FOR THE 2013, 2014, AND 2015 INDOOR FOOTBALL
LEAGUE SEASONS
Civic Events Manager Angelica Pena presented background information. A copy of the presentation is part of
Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld.
General discussion was held on the number of teams on the league, working with local youth groups,
RECESS
At 12:04 P.M., Mayor New called a recess.
RECONVENE
At P.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 12:28 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; 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)

Minutes

At 1:10 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:10 P.M., Mayor New called a recess.
RECONVENE
At 1:19 P.M., Council reconvened, and the following business was transacted:
AWARD OF BID VM-09-12 FOR POLICE PATROL VEHICLES, AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS
Police Chief Tim Vasquez presented background information. A copy of the report/presentation is part of the
Permanent Supplemental Record.
General discussion was held on gas consumption, weight differential between the sedan and utility vehicle,
number of vehicle replacements, expressed concerns on increased costs, and trial test for consideration of future
purchase.
Motion, to award, as presented, was made by Councilmember Adams and seconded by Councilmember
Alexander.
A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, and
Farmer. NAY: New. Motion carried 6-1.
DISCUSSION OF RESIDENTIAL CUSTOMER’S WATER CONSUMPTION INFORMATION

Assistant City Manager Michael Dane presented background information. A copy of the presentation is part of
General discussion was held on why the City billed on per 1,000 gallon methodology, under billing or rounding
down for the billing period versus actual usage, the effect on the sewage fee and any related cost for a particular
month, empowering customers to manage their usage, and providing additional month reports with average
rainfall.
Councilmember Silvas requested data for the summer months, specifically August.

FAILURE OF THE DESIRABILITY FOR AN INDEPENDENT AUDIT AND INVESTIGATION OF
WATER UTILITIES DEPARTMENT; DISCUSSION AND CONSIDERATION OF THE OBJECTIVES,
SCOPE, AND PARAMETERS OF SUCH INDEPENDENT AUDIT AND INVESTIGATION
Requested by Councilmember Morrison, City Manager Daniel Valenzuela informed the issues are being
addressed, leadership has changed, concerns are being researched and resolved, and staff is taking steps to
correct any issues or discrepancies.
Councilmember Morrison noted should this statement been made at the beginning of his request, read
statements into the record,
He commended staff for assisting citizens with issues with their utility statements.
Mr. Valenzuela requested citizens or petitioners contact the department directly in order to resolve their issues,
staff is continuously catching anomalies
Councilmember Morrison regarding water department and generated revenue; rebate process, balance of water
rebate, appropriation of revenue to the correct account, and where the revenues are expended
Mr. Valenzuela stated issues have been acknowledged and requested staff be allowed the necessary time to

Minutes Page 185

review the accounting of the various accounts, allowing the new management to address the concerns, and such
a request should be determined by management.
General discussion was held on the circulated petition, the limited information to respond to the petitioners,
providing the opportunity to staff to resolve the issues, current leadership of the department, implemented
changes,
Direction to staff to authorize the Auditors to inspect the ledger assignments, specifically track the incoming
funding and ensuring the funds are allocated to the appropriate accounts, for this year and future audits. Also
recommended City Manager and Interim Water Utilities Director Ricky Dickson present any findings to
Council, specifically regarding the meters, meter reading, and any billings which are out of the norm.
Motion, to hire an external investigator to investigate the Water Department and water billing procedure to
investigate how the funds are being appropriated and ensuring the funds are being appropriated correctly, was
made by Councilmember Morrison and seconded by Councilmember Alexander.
Public comment was made by Citizen Jim Turner.
A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams,
Hirschfeld, and Farmer. Motion failed 3-4.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
Setting a meeting, of no more than 3 person, regarding the support of Hotel/community housing, volunteers:
New, Adams, and Alexander
Railroad growth: in coordination with the new legislation session: Councilmember Hirschfeld and Farmer
City Manager Daniel Valenzuela distributed the proposed January 22, 2013 Agenda and solicited Council
comments and suggestions.
Councilmember Farmer – feasibility of utilizing actual versus under billing on the City’s utility statement
Councilmember Alexander: city inability to handle growth
- City’s inability to react to change, specifically oil boom growth, internal policy change (water billing
issues)
- Should be aware of conventional thinking and react to quickly
Councilmember Adams: annexation issue near colisum
Councilmember Silvas - update on concho river project (include pictures)
City Manager Daniel Valenzuela – Strategic meeting on 2/19
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.
Motion carried unanimously.
The meeting adjourned at 2:53 P.M.

THE CITY OF SAN ANGELO

Minutes

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

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.)

City of San Angelo
Water Utilities

Memo
Date: January 3, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Interim Water Utilities Director
Subject: Consent Agenda Item for January 22, 2013 Council
Meeting
Contact: Ricky Dickson, Interim Water Utilities Director, 657-
4209
Caption: Consideration of awarding Water Utilities Bid, “WU-17-
12” for Liquid Ferrous Chloride to Kemira Water
Solution, Inc. for the calculated amount of $85,120.00.

Summary: Bids have been received from Kemira Water Solutions, Inc. for
liquid ferrous chloride. The bids were mailed to five suppliers and the only bid
was received from Kemira Water Solutions, Inc.

Financial Impact: Bid amount is calculated on a price per pound for
the estimated quantities used by the Water Reclamation Facility. Estimated
quantities are for 112,000 lbs @ $0.76 for a total of $85,120.00. Funds are
budgeted in operating funds for the Water Reclamation Facility.

Related Goal Item: The liquid ferrous chloride is used for odor and
corrosion control at the Water Reclamation Facility.

Other Information/Recommendation: It is recommended the bid
from Kemira Water Solutions, Inc. be accepted.

Attachment: Bid tabulation.

Presentation: None

Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities
Director January 3, 2013

City of San Angelo
RFB WU-17-12 / Liquid Ferrous Chloride
Bid Opening 12/21/2012 @ 2:pm

Kemira Water Solutions, Inc. (Lawrence, KS)
Percent of
Item No. Ferrous Iron Pounds of FE Price per Pound Total Bid
1 10.50% 46,100 0.76 $ 3,678.78

Estimated Delivery Time (In Calendar 3 days
Net 30

Bids Mailed to:

Kemira Water Solutions, InMattesson IL Unable to Forward
Enviromental Chemical CoSan Antonio, TX Unable to Forward
Kemira Water Solutions, InLawrence, KS
Brenntag Southwest Houston, TX No Bid
PVS Chemicals Detroit, MI No Bid

C:Usersbryan.kendrickDesktop01-22-1302b PUR WU-17-12 Bid Tab

City of San Angelo

Memo
Date: January 15, 2013

To: Mayor and Councilmembers

From: Ricky Dickson, Interim Water Utilities Director

Subject: Agenda Item for January 22, 2013 Council Meeting

Contact: Ricky Dickson; 657-4209

Caption: Consent Item

Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium
Removal System to Water Remediation Technology, LLC in the amount of
$150,000.00 for the design of the radium removal equipment and authorizing the City
Manager to execute a service agreement in substantially the attached from between
the City of San Angelo and Water Remediation Technology, LLC for maintenance and
disposal of spent resin

Summary: RFP WU-16-12 was advertised for selection of a system and resin supplier of
radium removal equipment. Proposals have been received from a single
equipment/media supplier. The single supplier Water Remediation Technology,
LLC is therefore selected to provide equipment and ion exchange media required
to remove radium from the Hickory groundwater. The selected vendor will
provide information necessary to complete the design of the Hickory groundwater
treatment plant. Bid prices will also be utilized to enable city staff to negotiate a
service agreement. The service agreement will be brought to Council for
approval.

History: This project is part of the groundwater treatment plant project that will be bid at a
future date. Projects completed or under construction include the Well Field
Pipelines, 30” Transmission Main and the Booster Pump Station and Well Field.
Future projects will be related to the well field expansion.

Financial Impact: Bid amount $150,000.00. Funded from the Texas Water Development loan
program proceeds in the amount of $120,000,000.

Related Vision Item Long term water supply.
(if applicable):

Other Information/ Staff recommends the bid be accepted and the City Manager be authorized to
Recommendation: execute the contract documents.

Attachments: Bid Tabulation and Draft Contract

Presentation: None.

Publication: None.

Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209
Director:

Approved by Legal: 12/19/12

CITY OF SAN ANGELO
BID TABULATION * RFB NO: WU-16-12/Radium Removal System
January 15, 2013/2:30PM

WRT

No. Item Unit Est Qty Total Price $
1 Radium Removal System LS 1 4,839,500.00
2 Submittals and Design LS 1 150,000.00
Total Bid 4,989,500.00

Bids Mailed To:
WRT Aurora CO
Layne Tyler TX
The Brandt Companies, LLC Carrollton TX

C:Documents and SettingsKevin.KruegerLocal SettingsTemporary Internet FilesContent.OutlookZEXODQWZBid Tab WU1612 minus alt

DOCUMENT 00_52_00

AGREEMENT

NOTICE

This is the City’s standard form of agreement for projects of this type and applies only to the
Submittals and Design Information Services Contract portion of the Scope of Work and applies only
to the Submittals and Design Information Services Contract portion of the Scope of Work. The
specified insurance requirements in Section 179 of this agreement are applicable to this project.
After proposals are opened and the City has determined its recommendation, a final agreement for
the Supplier’s signature will be prepared. The appropriate sections will be completed with an
accurate summary of the description of work to be awarded and the bid price recommended to
Council, including all alternates, options and addenda to be awarded. This agreement must be
finalized by the CITY, and signed by the Supplier, prior to the award of the bid by the City Council.

SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF SAN ANGELO AND _________________________
RFP WU-16-12

This Agreement is entered into this ___ day of ____________, 2013 (but effective as of

___________________) by and between the City of San Angelo, a municipal corporation of the

State of Texas (“City”) and ________________a corporation (“Supplier”).

RECITAL

A. City is in need of securing a long term usable water treatment system for its potable

water supply (“Project”), and in that connection, is seeking technical expertise and

services to the design and implement of a radium removal water treatment system

(“Services”). The project site will be on City property located at 327 East Avenue I,

San Angelo, Texas, also known as the City Water Production Facility (“Site”).

B. City has issued Request for Proposal for Water Utilities Hickory Water Supply

Project Radium Removal System No. WU-16-12 (“RFP No. WU-16-12”) at San

Angelo, Texas to procure Services, and Supplier’s bid, in response thereto, has been

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

December 2012 00_52_00-1 8173A10 600
pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)

C. On _______________, 2013, the City Council of the City of San Angelo, approved

the selection of Supplier and authorized the City Manager to execute an agreement

(“Agreement”), under the terms and conditions set forth herein.

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

herein contained, Supplier and City agree as follows:

TERMS

1. RECITALS: The recitals are true and correct and are hereby incorporated into and

made a part of this Agreement.

2. TIME FOR PERFORMANCE:

Supplier shall perform Services under this Agreement in accordance with the following

time schedule:

A. RADIUM REMOVAL SYSTEM CONTRACT BETWEEN SUPPLIER AND

GENERAL CONTRACTOR FOR PROJECT

(1) City shall provide Supplier the copy of the Notice of Award to the General Contractor

for Project (“General Contractor”).

(2) Within thirty (30) calendar days of receipt of the Notice of Award to the General

Contractor from City, Supplier shall execute a contract with General Contractor for

the provision of a radium removal system in accordance with the specifications set

out in RFP No. WU-16-12 and submit a copy of such executed contract to City.

B. SUBMISSION OF RADIUM REMOVAL SYSTEM DESIGN-PHASE

SUBMITTALS

(1) City shall provide Supplier the copy of the Notice to Proceed for Project.

December 2012 00_52_00-2 8173A10 600

(2) Within thirty (30) calendar days of receipt of the Notice to Proceed from City,

Supplier shall submit the radium removal system design-phase submittals as defined

in Section 46_63_11 except those submittals required by Section 40_61_05 in Formatted: Font: Not Italic

accordance with the specifications set out in RFP No. WU-16-12 to Engineer for

approval. Within sixty (60) calendar days of receipt of the Notice to Proceed from Formatted: Font: Not Italic

City, Supplier shall submit the submittals specified in Section 40_61_05 to Engineer

for approval.

(2) Formatted: List Paragraph, Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.5" +
C. DELIVERY OF RADIUM REMOVAL SYSTEM EQUIPMENT Indent at: 0.75"

(1) Contractor shall provide Supplier the copy of the Notice to Commence Manufacture

for the Project.

(2) Within twenty-four (24) weeks, upon Supplier’s receipt of the Notice to Commence

Manufacture from Contractor, Supplier shall manufacture and deliver the radium Formatted: Font: Italic

removal system to Site in accordance with the specifications set out in RFP No. WU-

16-12. Supplier shall coordinate said delivery with the General Contractor for

Project.

3. SCOPE OF SERVICE:

A. Supplier agrees to perform Services as specifically described, and subject to the

special terms and conditions set forth in RFP No. WU-16-12, which by this reference is

incorporated as if fully set out herein.

B. Supplier represents and warrants to City that: (i) it possesses all qualifications,

licenses and expertise required for the performance of Services; including but not limited to full

qualification to do business in the State of Texas(ii) it is not delinquent in the payment of any

December 2012 00_52_00-3 8173A10 600

sums due City, including payment of permit fees, occupational licenses, etc., nor in the

performance of any obligations to City; (iii) all personnel assigned to perform Services are and

shall be, at all times during the term hereof, fully qualified and trained to perform the tasks

assigned to each; and (iv) Services will be performed in the manner, at such times, and for the

budgeted amounts described in, Exhibit Attachment “A” Fee and Payment Schedule attached Formatted: Strikethrough
Formatted: Font: Italic
hereto, which by this reference is incorporated into this Agreement, and (v) each person

executing this Agreement on behalf of Supplier has been duly authorized to so execute the same

and fully bind Supplier as a party to this Agreement.

4. COMPENSATION:

A. The amount of compensation payable by City to Supplier for Service shall be

based on the Compensation described under Exhibit Attachment “A” Fee and Payment Schedule Formatted: Strikethrough
Formatted: Font: Not Italic
B. Absent an amendment to this Agreement, additional services and expenses are not

included in Compensation shall only be provided upon a written amendment entered into by City

and Supplier and with prior approval by City Council. City shall not be liable for any costs, fees,

expenses or charges beyond Compensation.

C. Unless otherwise specifically provided in Attachment “A”, payment shall be

made within thirty (30) calendar days after receipt of Supplier’s invoice, which shall be

accompanied by sufficient supporting documentation and contain sufficient detail, to allow a

proper audit of expenditures should City require one to be performed. No advance payments

shall be made at any time.

5. LIQUIDATED DAMAGES: Supplier acknowledges that General Contractor is

required to perform timely under its contract for Project with City and that Supplier’s time of

performance under this Agreement is of the essence. Supplier further acknowledges that delay in

December 2012 00_52_00-4 8173A10 600

Supplier’s performance under this Agreement will adversely impact City and the ability of

General Contractor to timely perform under its contract with City and that City and General

Contractor will suffer financial loss if Services are not complete by the time as specified in RFP

No. WU-16-12, plus any extensions thereof allowed. City and Supplier agree that a reasonable

estimate of liquidated damages for any delay (but not as a penalty) for Supplier providing

Services would be for Supplier to pay City Two Thousand and 00/100 Dollars ($2,000.00) for

each calendar day that expires after the time specified under Section 2.B.(2). Time For

Performance hereunder. Therefore, Supplier shall pay as liquidated damages Two Thousand and

00/100 Dollars ($2,000.00) for each calendar day that expires after the time specified under

Sections 2.B.(2) and 2.C.(2). Time of Performance hereunder. The Supplier will only be charged

liquidated damages for late equipment delivery if the Supplier’s delay causes the General

Contractor to miss a deadline and, therefore, be charged liquidated damages by the City.

6. 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 Water Utilities Hickory Water Supply Project Radium Removal

System No. WU-16-12 (“RFP No. WU -16 -12”)

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

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

entered by Supplier and City.

7. ADDITIONAL SUPPLIER’S REPRESENTATIONS:
In order to induce City to enter into this Agreement, Supplier makes the following

representations to City:

A. Supplier has familiarized itself with the nature and extent of the Contract

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

December 2012 00_52_00-5 8173A10 600

B. Supplier has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of Services 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 Supplier for such purposes.

C. Supplier 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 Supplier.

D. Supplier is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

8. OWNERSHIP OF DOCUMENTS: Supplier understands and agrees that any

information, document, report or any other material whatsoever which is given by City to

Supplier or which is otherwise obtained or prepared by Supplier pursuant to or under the terms of

this Agreement is and shall at all times remain the property of City. Supplier agrees not to use

any such information, document, report or material for any other purpose whatsoever without the

written consent of City, which may be withheld or conditioned by City in its sole discretion. The

City will keep confidential any information noted by Supplier as being ‘confidential’ to the

extent allowed by law.

9. AUDIT AND INSPECTION RIGHTS:

A. City may, at reasonable times, and for a period of up to three (3) years following

the date of final payment by City to Supplier under this Agreement, audit, or cause to be audited,

those books and records of Supplier which are related to Supplier’s performance under this

December 2012 00_52_00-6 8173A10 600

Agreement. Supplier agrees to maintain all such books and records at its principal place of

business for a period of three (3) years after final payment is made under this Agreement.

B. City may, at reasonable times during the term hereof, inspect Supplier’s facilities

and perform such tests, as City deems reasonably necessary, to determine whether the goods or

services required to be provided by Supplier under this Agreement conform to the terms hereof

and/or the terms of the Solicitation Documents, if applicable. Supplier shall make available to

City all reasonable facilities and assistance to facilitate the performance of tests or inspections by

City representatives. All tests and inspections shall be subject to, and made in accordance with,

the provisions of City of San Angelo Code of Ordinances, as same may be amended or

supplemented from time to time.

10. AWARD OF AGREEMENT: Supplier represents and warrants to City that it has

not employed or retained any person or company employed by City to solicit or secure this

Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,

percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award

of this Agreement..

11. PUBLIC RECORDS: Supplier understands that the public shall have access, at all

reasonable times, to all documents and information pertaining to City contracts, subject to the

provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the

public to all documents subject to disclosure under applicable law. Supplier’s failure or refusal

to comply with the provisions of this section shall result in the immediate cancellation of this

Agreement by City.

12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Supplier

understands that agreements between private entities and local governments are subject to certain

December 2012 00_52_00-7 8173A10 600

laws and regulations, including laws pertaining to public records, conflict of interest, record

keeping, etc. City and Supplier agree to comply with and observe all applicable laws, codes and

ordinances as they may be amended from time to time.

13. INDEMNIFICATION: Supplier shall indemnify, defend and hold harmless City

and its officials, employees, Engineer, and agents (collectively referred to as “Indemnitees”) and

each of them from and against all loss, costs, penalties, fines, damages, claims, expenses

(including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any

injury to or death of any person or damage to or destruction or loss of any property arising out of,

resulting from, or in connection with (i) the performance or non-performance of Services

contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in

whole or in part, by any act, omission, default or negligence (whether active or passive or in

strict liability) of Supplier or its employees, agents or sub-suppliers (collectively referred to as

“Supplier”), regardless of whether it is, or is alleged to be, caused in whole or part (whether

joint, concurrent or contributing) by any act, omission, default or negligence (whether active or

passive) of the Indemnitees, or any of them or (ii) the failure of Supplier to comply with any of

the paragraphs herein or the failure of Supplier to conform to statutes, ordinances, or other

regulations or requirements of any governmental authority, local, federal or state, in connection

with the performance of this Agreement. Supplier expressly agrees to indemnify defend and

hold harmless the Indemnitees, or any of them, from and against all liabilities which may be

asserted by an employee or former employee of Supplier, or any of its sub-Suppliers, as provided

above, for which Supplier’s liability to such employee or former employee would otherwise be

limited to payments under state Workers’ Compensation or similar laws. Supplier further agrees

to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all

December 2012 00_52_00-8 8173A10 600

Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,

condition, or requirement, related directly to Supplier’s negligent performance under this

Agreement, compliance with which is left by this Agreement to Supplier, and (ii) any and all

claims and/or suits for labor and materials furnished by Supplier or utilized in the performance of

this Agreement or otherwise.

Supplier’s obligations to indemnify, defend and hold harmless the Indemnitees shall

survive the termination of this Agreement.

Supplier understands and agrees that any and all liabilities regarding the use of any sub-

supplier for Services related to this Agreement shall be borne solely by Supplier throughout the

duration of this Agreement and that this provision shall survive the termination of this

Agreement.

14. DEFAULT: If Supplier fails to comply with any term or condition of this Agreement,

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

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

immediately, upon written notice to Supplier, terminate this Agreement whereupon all payments,

advances, or other compensation paid by City to Supplier while Supplier was in default shall be

immediately returned to City. Supplier understands and agrees that termination of this

Agreement under this section shall not release Supplier from any obligation accruing prior to the

effective date of termination. Should Supplier be unable or unwilling to commence to perform

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

Supplier shall be liable to City for all expenses incurred by City in preparation and negotiation of

this Agreement, as well as all costs and expenses incurred by City in the re-procurement of

Services, including consequential and incidental damages.

December 2012 00_52_00-9 8173A10 600

15. RESOLUTION OF CONTRACT DISPUTES: Supplier understands and agrees that

all disputes between Supplier and City based upon an alleged violation of the terms of this

Agreement by City shall be submitted to the City Manager for his/her resolution, prior to

Supplier being entitled to seek judicial relief in connection therewith. In the event that the

amount of compensation hereunder exceeds Twenty-five Thousand and No/100 Dollars

($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.

Supplier shall not be entitled to seek judicial relief unless: (i) it has first received the City

Manager’s written decision, approved by City Council if the amount of compensation hereunder

exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), or (ii) a period of sixty (60)

calendar days has expired, after submitting to the City Manager a detailed statement of the

dispute, accompanied by all supporting documentation (90 calendar days if the City Manager’s

decision is subject to City Council approval); or (iii) City has waived compliance with the

procedure set forth in this section by written instruments, signed by the City Manager.

16. CITY’S TERMINATION RIGHTS:

A. City shall have the right to terminate this Agreement, in its sole discretion, at any

time, by giving written notice to Supplier at least five (5) business days prior to the effective date

of such termination. In such event, City shall pay to Supplier compensation for services

rendered and expenses incurred prior to the effective date of termination. In no event shall City

be liable to Supplier for any additional compensation, other than that provided herein, or for any

consequential or incidental damages.

B. City shall have the right to terminate this Agreement, without notice to Supplier,

upon the occurrence of an event of default hereunder. In such event, City shall not be obligated

December 2012 00_52_00-10 8173A10 600

to pay any amounts to Supplier and Supplier shall reimburse to City all amounts received while

Supplier was in default under this Agreement.

17. INSURANCE: Supplier shall, at all times during the term hereof, maintain such

insurance coverage as may be required by City. All such insurance, including renewals, shall be

subject to the approval of City for adequacy of protection and evidence of such coverage shall be

furnished to City on Certificates of Insurance indicating such insurance to be in force and effect

and providing that it will not be canceled during the performance of Services under this contract

without thirty (30) calendar days prior written notice to City. Completed Certificates of

Insurance shall be filed with City prior to the performance of services hereunder, provided,

however, that Supplier shall at any time upon request file duplicate copies of the policies of such

insurance with City.

A. If, in the judgment of City, prevailing conditions warrant the provision by

Supplier of additional liability insurance coverage or coverage which is different in kind, City

reserves the right to require the provision by Supplier of an amount of coverage different from

the amounts or kind previously required and shall afford written notice of such change in

requirements thirty (30) calendar days prior to the date on which the requirements shall take

effect. Should Supplier fail or refuse to satisfy the requirement of changed coverage within

thirty (30) calendar days following City’s written notice, this Contract shall be considered

terminated on the date that the required change in policy coverage would otherwise take effect.

B. Supplier understands and agrees that any and all liabilities regarding the use of

any of Supplier’s employees or any of Supplier’s sub-suppliers for Services related to this

Agreement shall be borne solely by Supplier throughout the term of this Agreement and that this

provision shall survive the termination of this Agreement. Supplier further understands and

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agrees that insurance for each employee of Supplier and each sub-supplier providing Services

related to this Agreement shall be maintained in good standing and approved by the City Risk

Management Administrator throughout the duration of this Agreement.

18. SPECIAL INSURANCE AND INDEMNIFICATION RIDER

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

B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR
IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT
AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO

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EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY
DURING THE TERM OF THIS AGREEMENT 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 SUPPLIER IN PERFORMING UNDER THIS AGREEMENT.

C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS
AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS
OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO
CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM
OF PREVIOUS AGREEMENTS BETWEEN CITY AND SUPPLIER.

19. INSURANCE:

A. GENERAL CONDITIONS. The following conditions shall apply to all
insurance policies obtained by Supplier for the purpose of complying with this
Agreement.
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 Insured. All insurance policies required herein shall be drawn in
the name of Supplier, 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. Supplier 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
Agreement, Supplier 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

December 2012 00_52_00-13 8173A10 600

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, Supplier and insurance company shall immediately
provide written notice to City’s Risk Manager upon receipt of notice of cancellation of
any insurance policy, or of a decision to terminate or alter any insurance policy. Copies
of required endorsements will be attached to the certificates to confirm the required
endorsements are in effect. Certificates of insurance and notices of cancellations,
terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72
West College Avenue, San Angelo, Texas 76903.
5) Supplier’s Liability. The procurement of such policy of insurance shall not
be construed to be a limitation upon Supplier’s liability or as a full performance on its
part of the indemnification provisions of this Agreement. Supplier’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 Supplier to maintain adequate coverage shall not relieve Supplier of any
contractual responsibility or obligation.
6) Sub-suppliers’ Insurance. Supplier shall cause each Sub-supplier and Sub-
sub-supplier of Supplier to purchase and maintain insurance of the types and in the
amounts specified below. Supplier shall require Sub-suppliers and Sub-sub-suppliers to
furnish copies of certificates of insurance to Supplier’s Risk Manager evidencing
coverage for each Sub-supplier and Sub-Sub-supplier.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Supplier shall
obtain and continuously maintain in effect at all times during the term hereof, at Supplier’s sole
expense, insurance coverage as follows with limits not less than those set forth below:
1) Commercial General Liability. This policy shall be an occurrence-type
policy and shall protect Supplier and additional insured against all claims arising from
bodily injury, sickness, disease or death of any person (other than Supplier’s employees)
and damage to property of City or others arising out of the act or omission of Supplier or
its agents and employees. This policy shall also include protection against claims for the

December 2012 00_52_00-14 8173A10 600

contractual liability assumed by Supplier under the paragraph of this Agreement entitled
“Indemnification,” including completed operations, products liability, contractual
coverage, broad form property coverage, explosion, collapse, underground,
premises/operations, and independent suppliers (to remain in force for two years after
final payment). Coverage limits shall not be less than:

$3,000,000.00 General Aggregate
$1,000,000.00 Products – Completed Operations
$1,000,000.00 Personal & Advertising Injury
$1,000,000.00 Each Occurrence

2) Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect Supplier 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 shall be as follows:
$1,000,000.00 Each Accident Limit

3) Workers’ Compensation and Employer’s Liability. If Supplier hires any
employees, Supplier shall maintain Workers’ Compensation and Employer’s Liability
insurance, which shall protect Supplier 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

$1,000,000.00 Employer’s Liability, Each Accident
$1,000,000.00 Employer’s Liability, Disease - Each Employee
$1,000,000.00 Employer’s Liability, Disease – Policy Limit

If Supplier uses contract labor, Supplier shall require its Sub-supplier to maintain the
above referenced coverage and furnish copies of certificates of insurance as required
herein.

December 2012 00_52_00-15 8173A10 600

4) Professional Liability. This insurance shall include contractual liability in
its coverage, and the coverage under this policy shall survive the term of this Contract as
long as any liability could be asserted. Coverage shall not be less than:
$1,000,000.00 Aggregate
$ 500,000.00 Each Claim

20. NONDISCRIMINATION: Supplier represents and warrants to City that Supplier does

not and will not engage in discriminatory practices and that there shall be no discrimination in

connection with Supplier’s performance under this Agreement on account of race, color, sex,

religion, age, handicap, marital status or national origin. Supplier further covenants that no

otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

handicap, marital status or national origin, be excluded from participation in, be denied services,

or be subject to discrimination under any provision of this Agreement.

21. ASSIGNMENT: This Agreement shall not be assigned by Supplier, in whole or in

part, without the prior written consent of City, which may be withheld or conditioned, in City’s

sole discretion.

22. NOTICES: All notices or other communications required under this Agreement shall

be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return

receipt requested, addressed to the other party at the address indicated herein or to such other

address as a party may designate by notice given as herein provided. Notice shall be deemed

given on the day on which personally delivered; or, if by mail, on the fifth day after being posted

or the date of actual receipt, whichever is earlier.

TO CITY: TO SUPPLIER:

City of San Angelo Water Reclamation Technology,
LLC_________________________

December 2012 00_52_00-16 8173A10 600

Attn: Kevin Krueger
Attn: Ron Dollar__________________.
72 West College Avenue 5525 W. 56th Avenue, Suite Formatted: Superscript
100_________________________
San Angelo, Texas 76903 Arvada_____________, CO 80002TX
7______
Phone: (325)657-4260 Phone: (303__)424 -5355
Email: kevin.krueger@sanangelotexas.us Email:
rdollarinfo@wrtnet.com.com Formatted: Default Paragraph Font
Formatted: Default Paragraph Font

23. MISCELLANEOUS PROVISIONS:

A. Remedies: In the event of default by Supplier under the Contract Documents, City shall

have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract

Documents; however, arbitration is not an available remedy to resolve any disputes arising under

this Agreement unless City and Supplier mutually agree to such remedy in a separate written

agreement. The exercise of any one right or remedy shall be without prejudice to the

enforcement of any other right or remedy allowed at law or in equity.

B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Supplier

to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority

of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary

disbursements in addition to any other relief to which the prevailing party is entitled.

C. Conflicts: This Agreement, the documents required to be provided, and the Contract

Documents constitute the entire agreement between the parties hereto and supersede any prior

written or oral agreements and understandings between the parties. If any provision of this

Agreement, the General Conditions, the Specifications or any other provision contained within

the Contract Documents conflicts, or is inconsistent with any other provision of the Contract

December 2012 00_52_00-17 8173A10 600

Documents, then the conflict or inconsistency will be resolved first by reference to the terms of

this Agreement, then to the General Conditions to this Agreement and then finally to the

Specifications therein, unless a federal law, regulation or restriction would require otherwise, in

which case the federal provision would control.

D. Severability: If any provision of this Agreement is held invalid or unenforceable, the

remainder of the Agreement shall not be affected thereby and all other parts of this Agreement

shall nevertheless be in full force and effect.

E. Venue: This Agreement, including the Contract Documents, is governed by the laws of

the State of Texas. Venue for any suit or claim or cause of action arising out of or related to

Work covered by this Agreement shall be in Tom Green County, Texas.

F. Counterparts: This Agreement may be executed in two or more counterparts, each of

which shall constitute an original but all of which, when taken together, shall constitute one and

the same agreement.

G. Enforcement: This Agreement shall be construed and enforced according to the laws of

the State of Texas.

H. Headings: Titles and paragraphs are for convenient reference and are not a part of this

Agreement.

I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute a

waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall

be effective unless made in writing.

J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained

in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or

otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such

December 2012 00_52_00-18 8173A10 600

provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary

in order to conform with such laws, or if not modifiable, then same shall be deemed severable,

and in either event, the remaining terms and provisions of this Agreement shall remain

unmodified and in full force and effect or limitation of its use.

K. Applicable Law: This Contract and the Contract Documents are subject to all applicable

federal and state laws, statutes, codes, rules and regulations and local ordinances, rules and

regulations.

24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties

hereto, their heirs, executors, legal representatives, successors, or assigns.

25. INDEPENDENT SUPPLIER: Supplier has been procured and is being engaged to

provide services to City as an independent supplier, and not as an agent or employee of City.

Accordingly, Supplier shall not attain, nor be entitled to, any rights or benefits under the Civil

Service or Pension Ordinances of City, nor any rights generally afforded classified or

unclassified employees. Supplier further understands that Texas Workers’ Compensation

benefits available to employees of City are not available to Supplier, and agrees to provide

workers’ compensation insurance for any employee or agent of Supplier rendering services to

City under this Agreement.

26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the

availability of funds and continued authorization for program activities and the Agreement is

subject to amendment or termination due to lack of funds, reduction of funds and/or change in

regulations, upon thirty (30) calendar days notice.

27. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject to

all Attachments hereto, to all of the attachments, provisions, requirements, federal, state and

December 2012 00_52_00-19 8173A10 600

local laws, rules and regulations as of the effective date herein, and to any and all requirements,

whether federal, state or local, verbal or written, placed upon City. The entire foregoing is

hereby made a part of this Agreement and incorporated herein by reference as if fully set out

herein.

28. FORCE MAJEURE: A “Force Majeure Event” shall mean an act of God, act of

governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane,

sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,

insurrection, blockade, or embargo. In the event that either party is delayed in the performance

of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure

Event, the time for required completion of such act or obligation shall be extended by the

number of days equal to the total number of days, if any, that such party is actually delayed by

such Force Majeure Event. The party seeking delay in performance shall give notice to the other

party specifying the anticipated duration of the delay, and if such delay shall extend beyond the

duration specified in such notice, additional notice shall be repeated no less than monthly so long

as such delay due to a Force Majeure Event continues. Any party seeking delay in performance

due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay

and shall cooperate with the other party to overcome and delay that has resulted.

29. CITY NOT LIABLE FOR DELAY: Supplier hereby understands and agrees that

in no event shall City be liable for, or responsible to Supplier or any Sub-supplier, or to any other

person, firm, or entity for or on account of, any stoppages or delay(s) in work herein

provided for, or any damages whatsoever related thereto, because of any injunction or other legal

or equitable proceeding or on account of any delay(s) for any cause over which City has no

control.

December 2012 00_52_00-20 8173A10 600

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