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July 17, 2012 Agenda Packet

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  • 1. 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, July 17, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS 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. everyday 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. 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 awarding bid ES-01-12 for Street Sealcoat Program 2012 to Brannan Paving Co., Ltd. (Victoria, TX) not to exceed an amount of $849,701.65 and authorizing the Interim City Manager to execute said contract and any related documents 2. Consideration of awarding bid AP-01-12, For the U.S. Custom and Border Protection hangar renovations at San Angelo Regional Airport to Mega Contractors, Inc.(FT. Worth, TX) in the amount of $348,754 and authorizing the Interim City Manager to execute said contract and any related documents 3. Consideration of allowing the Fire Department to apply for an AFG (Assistance to Firefighters Grant) with a twenty percent (20%) match 4. Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. a. 106 W 15th Street, (Jones), Lot 9, Block 11, Lasker Addition, $950, Suit No. B-06-0055-T b. Next to 424 E 32 Street, (Garcia - Galindo), Lot 19 & E 5 of Lot 18, Block 1, Probst and Page Addition, $1,500, Suit No. B-07-0046-T c. 222 W 3rd Street, (Palmer), Lot 5, Block N, Miles Addition, $2,500, Suit No. B-03-0076-TCity Council Agenda Page 1 of 5 July 17, 2012
  • 2. d. 2215 Pecan Street, (Brewer-Munoz), 0.241 acre, N 210 x 50, James Williams Survey, $1,500, Suit No. B-05-0214-T 5. Consideration of approval to pay $52,820 to Midwest Employers Casualty Company for Excess Workers Compensation Premium for policy year ending July 1st, 2013 6. Consideration of applying for San Angelo Health Foundation (SAHF) grant funds in the amount of $100,000, authorizing the Interim City Manager to execute related documents, and approving resolution of support 7. Consideration of approving a Neighborhood Stabilization Program (NSP) contract between the City and Galilee CDC agreement identifying Galilee CDC as a developer and authorizing the City Manager to execute related documents 8. Consideration of approving a recommendation from the selection committee to award RFP CE-02- 12/Ticket Outlet to Barbed Wire & Roses and to Pinkie’s Liquor Store, and authorizing the Interim City Manager to execute a contract with the recommended vendors 9. Consideration and possible action regarding a recommendation by the COSADC Board to approve leasing approximately 100 acres of Phase 2 of the Industrial Park to Lucas Oil at a lease rate of $1.00 per year, for a period of five (5) years, requiring Lucas Oil to hold a minimum of one (1) race per year on the leased land, releasing the deed restrictions limiting the use of the land for industrial park purposes only, to allow use of the land for off road racing, authorizing the City Manager or his designated representative to negotiate and execute said lease agreement and any other matters in connection there to 10. Consideration and possible action regarding a recommendation by the COSADC to approve sponsorship of the 15th Annual Ports-to-Plains Alliance Conference to be held in Medicine Hat, Alberta Canada, the sponsorship to be at the Silver level at a cost of $2,500.00 11. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas authorizing the Mayor to execute a Tax Resale Deed on behalf of the City for itself and as Trustee for itself, Tom Green County and the San Angelo Independent School District, conveying certain real property to the San Angelo Independent School District for school use 12. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas authorizing the Interim City Manager or his designee to execute a letter agreement with Tetra Tech concurring with the monitoring of shallow ground water and to negotiate and execute restrictive covenants to be placed into deed records prohibiting exposure to groundwater relating to portions of three parcels of real property owned by the city located at or about North Browning and Pulliam Streets; North Baze and Upton Streets, and the alley from North Baze Street east to the Texas Pacifico Railroad right of way 13. Consideration of accepting the City of San Angelo’s FY2011 Comprehensive Annual Financial Report (CAFR) as presented through the city’s Audit Committee 14. Second Hearing and consideration of adoption of an Ordinance amending Article 8 of the City of San Angelo Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on unimproved surfaces in certain situations and in residential districts AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATEIII. 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 MeetingsCity Council Agenda Page 2 of 5 July 17, 2012
  • 3. be Open, Section 551.071(1) authorizing a governmental body to consult with its attorney in executive session to seek his or her advice concerning pending or contemplated litigation or settlement offer 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(2) authorizing a governmental body to consult with its attorney in executive session to seek his or her advice 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 Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 15. Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Mayor and/or Interim City Manager to execute said agreement (Presentation by Parks and Recreation Director Carl White) 16. Consideration of adopting the Fairmount Cemetery Master Plan and any action related thereto. (Presentation by Parks and Recreation Director Carl White) 17. Consideration of approving a naming rights agreement between the City of San Angelo, Citywise Marketing and the Kevin and Kara Love Family, authorizing naming rights for the San Angelo Municipal Pool and authorizing the Interim City Manager to execute said naming rights agreement (Presentation by Parks and Recreation Director Carl White) 18. Discussion and recommendation regarding proposed amendment to Thoroughfare Plan component of San Angelo Comprehensive Plan adopted in 2009, specifically to revise the alignment of a proposed collector street segment extending eastward from the existing right-of-way for Smith Blvd, eliminating the segment between McGill Blvd and PaulAnn Blvd, northwest of the US Hwy 67 N in far northeast San Angelo (Presentation by Planning Director AJ Fawver) 19. Consideration and possible action regarding a recommendation by the COSADC Board of Directors to fund construction of the south half of Paulann Blvd. from its intersection with Highway 67 to its intersection with the proposed extension of Smith Blvd, approximately 1240 linear feet, at a width of 32 feet; to fund one half of Smith Blvd. from its intersection with Paulann Blvd to the north property line of Howard College, approximately 685 linear feet, at a width of 25 feet; the total estimated cost of both streets being approximately $350,000, and recommending the proposed bid documents specify 2 course penetration sealcoat construction for both streets and including a bid alternate for roller compacted concrete construction for both streets (Presentation by Director of Community & Economic Development Shawn Lewis & City Engineer Clinton Bailey) 20. Consideration of allowing placement of a free standing sign for commercial use to within public right- of-way at 501 South Irving Street, as addressed in Chapter 12 Section 12.617.1.E of the City of San Angelo’s Code of Ordinances (Presentation by Planning Director AJ Fawver)City Council Agenda Page 3 of 5 July 17, 2012
  • 4. 21. 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 12-06: Willie Boulden 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: 1011 Martin Luther King Drive, located at the intersection of Martin Luther King Drive and West 11th Street, more specifically occupying the Miles Addition, Block 66 S/2 of E 150 feet of Block 66; Block 65, Lots 18 and 19, in central San Angelo, changing the zoning classification from a combination of General Commercial/ Heavy Commercial (CG/CH) and Two-Family Residential (RS-2) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Director AJ Fawver) 22. First Public Hearing and consideration of introduction of an Ordinance changing the name of Barry Avenue, extending from Glenna Street to Howe Street, to TLC Way. AN ORDINANCE TO CHANGE THE NAME OF A CERTAIN STREET SEGMENT TO WIT: Barry Avenue to TLC Way, over the complete length of this streets right-of-way between Glenna Street and Howe Street, in central San Angelo; AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Director AJ Fawver) 23. Consideration of an appeal of Planning Commissions decision to deny case number Z12-07, requesting approval of zone change from Single-Family Residential (RS-1) to Heavy Commercial (CH), specifically at 2727 Freeland Avenue, on the southeast corner of the intersection of Garfield Street and Freeland Avenue, more specifically occupying the mountain view addition, block 26, lots 7 & 8 in west central San Angelo (Presentation by Planning Director AJ Fawver) 24. First public hearing and introduction of an Ordinance amending Chapter 10, Article 10.200 of the Code of Ordinances, City of San Angelo, Texas authorizing a speed limit change from 30 mph to 35 mph on Foster Road beginning at the intersection of Foster Road and Sunset Boulevard extending south 8,285 feet through the cul-de-sac at the southernmost end of Foster Road (Presentation City Engineer Clinton Bailey) 25. Consideration of approval and second public hearing of the 2012 Annual Action Plan for use of CDBG and HOME funds and authorizing City Manager to execute the annual applications, required certifications, and related documents (Presentation by Neighborhood and Family Services Director Robert Salas) 26. Consideration of a report on the Texas Bank Sports Complex and any matters related thereto (Presentation by Parks and Recreation Director Carl White) 27. Consideration and first public hearing an introduction of Ordinance amending Chapter 2 “Administration,” of the Code of Ordinances of the City of San Angelo, by repealing Article 2.2900 entitled “Senior Services Advisory Board” in its entirety; repealing Article 2.2600 entitled “Recreation Board” in its entirety and enacting a new Article 2.2600 entitled “Parks & Recreation Advisory Board,” providing for the creation of the board AN ORDINANCE AMENDING CHAPTER 2 “ADMINISTRATION,” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY REPEALING ARTICLE 2.2900 ENTITLED “SENIOR SERVICES ADVISORY BOARD” IN ITS ENTIRETY; REPEALING ARTICLE 2.2600 ENTITLED “RECREATION BOARD” IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 2.2600 ENTITLED “PARKS & RECREATION ADVISORY BOARD,” PROVIDING FOR THE CREATION OF THE BOARD, PROVIDING FOR THE QUALIFICATIONS, TERMS, DUTIES, OFFICERS AND QUORUM, PROVIDING FOR BYLAWS, PROVIDING FOR MEETINGS ANDCity Council Agenda Page 4 of 5 July 17, 2012
  • 5. MINUTES, PROVIDING FOR ABSENT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ARTICLE 2.1400 “PARK SUPERINTENDENT;” AMENDING ARTICLE 2.4200 “SAN ANGELO PUBLIC ART COMMISSION,” SECTION 2.4201 “CREATED, MEMBERS,” SUBSECTION (c) PROVIDIING FOR AN EX-OFFICIO NON-VOTING COMMISSION MEMBER REPRESENTING THE PARKS & RECREATION DEPARTMENT OR PARKS & RECREATION ADVISORY BOARD; AMENDING CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.100 “GENERAL OFFENSES” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING SECTION 8.113 TO REMOVE THE REFERENCE TO THE PARK COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Parks and Recreation Director Carl White) 28. First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for grants, new projects and incomplete projects (Presentation by Budget Manager Morgan Trainer) 29. Discussion and consideration of matters related to the FY 2012-2013 Budget (Presentation by Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 30. Consideration of matters discussed in Executive/Session, if needed 31. Announcements and consideration of Future Agenda Items 32. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 13, 2012, at 4:00 P.M. /s/________________________ Bryan Kendrick, Deputy City ClerkCity Council Agenda Page 5 of 5 July 17, 2012
  • 6. City of San AngeloMemo Date: July 13, 2012 To: Mayor and Councilmembers From: Clinton Bailey, Engineering Services Subject: Agenda Item for June 19, 2012 Council Meeting Contact: Blake Wilde, Engineering Services, Phone # 481-2749 Caption: Consent Item Consideration of awarding bid and authorizing the Interim City Manager or his designee to execute any necessary related documents for ES-01-12 Street Sealcoat Program 2012, Brannan Paving Co., LTD, Victoria, TX, $772,408.25. Summary: The following bids were opened on May 15, 2012: 1. Brannan Paving Co Base Bid $770,542.59 Alternate #1 $87,293.40 Alternate #2 $23,038.00 Alternate #3 $11,865.66 Total Bid $892,739.63 2. Blacktopper Technology, Inc. Base Bid $808,151.10 Alternate #1 $80,220.50 Alternate #2 $14,306.45 Alternate #3 $2,842.45 Total Bid $905,520.50 3. Ronald R. Wagner & Co. L.L.C. Base Bid $837,392.51 Alternate #1 $85,912.35 Alternate #2 $22,008.86 Alternate #3 $4,739.30 Total Bid $950,053.00 History: This contract is the City’s yearly sealcoat program. Financial Impact: $663,592.00 from the City of San Angelo General Funds, and $1,865.66 from the Storm Water Utility to fund Alternate #3 related to drainage improvements on Lowrie Avenue south of Producers Park for a total amount of $665,457.66. Related Vision Item: Transportation Vision Other Information/ Staff recommends the bid from Brannan Paving Co., LTD, in the amount of Recommendation: $772,408.25 be accepted and authorizing the Interim City Manager or his designee to execute any necessary related documents to the contract with the condition that the project cost will be reduced to be within budget of $665,457.66.
  • 7. Attachments: ENG ES-01-12 Sealcoat Bid Tab & Summary ENG ES-01-12 Sealcoat Award SummaryPresentation: NonePublication: NoneReviewed by Shawn Lewis, Development Services Director, June 8, 2012Director:Approved by Legal: Lysia H. Bowling, City Attorney, June 8, 2012
  • 8. CITY OF SAN ANGELO BID TABULATION * RFB NO: ES-01-12 /Sealcoat Program 2012 May 15, 2012 Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price 1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 112,876 GAL 3.00 338,628.00 3.93 443,602.68 3.450 389,422.20 5TR, AC-20XP, AC-15P, or AC-10-2TR) 2 Grade 4 Type PB Aggregate 3,538 CY 93.26 329,953.88 56.70 200,604.60 72.000 254,736.00 3 Temporary Work Zone Pavement Marker (Yellow Tab, Type Y-2) 10,043 EA 0.65 6,527.95 1.26 12,654.18 0.750 7,532.25 4 Temporary Work Zone Pavement Marker (White Tab, Type W) 5,508 EA 0.65 3,580.20 1.26 6,940.08 0.750 4,131.00 5 Raised Pavement Marker Type II-A-A 2,378 EA 3.25 7,728.50 2.65 6,301.70 3.100 7,371.80 6 Raised Pavement Marker Type I-C, complete in 1,100 EA 3.25 3,575.00 3.44 3,784.00 3.100 3,410.00 7 Pavement Marking Type II (4” lBrokend l i d ith th White) 18,360 LF 0.21 3,763.80 0.15 2,754.00 0.160 2,937.60 8 Pavement Marking Type II (8” Solid White), 3,634 LF 0.49 1,780.66 0.44 1,598.96 0.320 1,162.88 9 Pavementi Marking Type IId l t l i ith th l (12” Solid White), 368 LF 1.80 662.40 2.00 736.00 1.350 496.80 10 Pavementi Marking Type IId l t l i ith th l (24” Solid White) 1,693 LF 2.67 4,520.31 3.00 5,079.00 2.500 4,232.50 11 Pavement Marking Type II (4” Broken Yellow), 19,840 LF 0.21 4,067.20 0.14 2,777.60 0.160 3,174.40 12 Pavementi Marking Type IId Solid Yellow) l t l i (4” ith th l 81,828 LF 0.13 10,637.64 0.13 10,637.64 0.140 11,455.92 13 Pavement Marking Type II (12” Solid Yellow), 65 LF 1.80 117.00 2.00 130.00 1.350 87.75 l t i l i d ith th l 14 Street Sweeping One Week After Sealcoating Lump Sum 10,000.00 10,000.00 0.01 0.01 3,500.000 3,500.00 15 Street Sweeping One Month After Sealcoating Lump Sum 10,000.00 10,000.00 0.01 0.01 3,500.000 3,500.00 16 Barricades and traffic control furnished and 4.5 MO 0.01 0.05 0.01 0.045 6,000.000 27,000.00 17 Mobilization Lump Sum 10,000.00 10,000.00 114,792.00 114,792.00 59,000.000 59,000.00 18 Contingency Lump Sum 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 $25,000.00 Base Bid Total 770,542.59 837,392.51 808,151.10 Alternative #1 - Soccer Complex Parking Lot - Glenna Street (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A1.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 13,050 GAL 3.00 39,150.00 4.14 54,027.00 3.45 45,022.50 5TR, AC-20XP, AC-15P, or AC-10-2TR), A1.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), 409 CY 93.26 38,143.34 56.70 23,190.30 72.00 29,448.00 A1.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 1,200.00 1,200.00 A1.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 1,200.00 1,200.00 A1.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.05 0.01 0.045 500.00 2,250.00 installed, complete in place A1.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 7,195.00 7,195.00 1,100.00 1,100.00 specifications Alternative #1 Total 87,293.40 85,912.35 80,220.50Y:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final
  • 9. Alternative #2 - Spring Creek Boat Ramp Parking - Lake Nasworthy (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A2.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- GAL 3.00 6,603.00 5.51 12,127.51 3.45 7,593.45 5TR, AC-20XP, AC-15P, or AC-10-2TR), 2,201 A2.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), CY 93.26 6,434.94 56.70 3,912.30 72.00 4,968.00 69 A2.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00 A2.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 750.00 750.00 400.00 400.00 A2.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.045 0.01 0.045 10.00 45.00 installed, complete in place A2.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 4,469.00 4,469.00 900.00 900.00 specifications Alternative #2 Total 23,038.00 22,008.86 14,306.45 Alternative #3 - Lowrie Ave. Magnolia St. to Alley to the North (2 Course Sealcoat) Description Quantity Brannon Paving Co., Inc. Ronald R. Wagner & Co, LP Blacktopper Technologies, Inc. No. Unit Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price A3.1 Asphalt Tier 2 (A-R Type II, A-R Type III, AC-20- 311 GAL 3.00 933.00 3.93 1,222.23 3.45 1,072.95 5TR, AC-20XP, AC-15P, or AC-10-2TR), A3.2 Grade 4 Type PB Aggregate (precoated crushed gravel, crushed slag, crushed stone, or LRA), 10 CY 93.26 932.60 56.70 567.00 72.00 720.00 A3.3 Street Sweeping One Week After Sealcoating, Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00 A3.4 Street Sweeping One Month After Sealcoating, Lump Sum 5,000.00 5,000.00 0.01 0.01 200.00 200.00 A3.5 Barricades and traffic control furnished and 4.5 MO 0.01 0.045 0.01 0.045 11.00 49.50 installed, complete in place A3.6 Mobilization in accordance with the plans and Lump Sum 0.01 0.01 2,950.00 2,950.00 600.00 600.00 specifications Alternative #3 Total 11,865.66 4,739.30 2,842.45 Base Bid Total + Alternative #1, #2, #4 $ 892,739.63 $ 950,053.00 $ 905,520.50 Recommended For Bid Award $ 772,408.25 RFBs mailed to: Blacktopper Technology, Inc. Blanco TX Brannon Paving Co Victoria TX Contract Paving Co. Tye TX F N Ploch Const New BraunfeTX Lipham Construction Co., Inc. Aspermont TX Mr.Ts Asphalt Paving & Sealcoating Menard TX Northeastern Pavers, Inc. Granbury TX Price Construction Big Spring TX Reece Albert San Angelo TX Van Zandt Paving Odessa TX Ronald Wagner & Co LP Kendalia TXY:12-RFXEngineeringES0112 SealcoatingBid Tab & Summary ES0112 final
  • 10. RFB/ES-01-12 Street Sealcoat 2012 Award Summary Base BidItem No. Description Units Quantity Unit Cost Total 1 Asphalt Tier 2 GAL 112,876 $ 3.00 $ 338,628.00 2 Grade 4 Type PB Aggregate CY 3,538 $ 93.26 $ 329,953.88 3 Yellow Work Zone Tab TY Y-2 EA 10,043 $ 0.65 $ 6,527.95 4 White Work Zone Tab TY-W EA 5,508 $ 0.65 $ 3,580.20 5 Raised Pavement Marker TY II A-A EA 2,378 $ 3.25 $ 7,728.50 6 Raised Pavement Marker TY I-C EA 1,100 $ 3.25 $ 3,575.00 7 4" Broken White Pavement Marking (Type II) LF 18,360 $ 0.205 $ 3,763.80 8 8" Solid White Pavement Marking (Type II) LF 3,634 $ 0.49 $ 1,780.66 9 12" Solid White Pavement Marking (Type II) LF 368 $ 1.80 $ 662.40 10 24" Solid White Pavement Marking (Type II) LF 1,693 $ 2.67 $ 4,520.31 11 4" Broken Yellow Pavement Marking (Type II) LF 19,840 $ 0.205 $ 4,067.20 12 4" Solid Yellow Pavement Marking (Type II) LF 81,828 $ 0.13 $ 10,637.64 13 12" Solid Yellow Pavement Marking (Type II) LF 65 $ 1.80 $ 117.00 14 Street Sweeping 1 Week After Sealcoating LS 1 $ 10,000.00 $ 10,000.00 15 Street Sweeping 1 Month After Sealcoating LS 1 $ 10,000.00 $ 10,000.00 16 Barricades MO 4.5 $ 0.01 $ 0.045 17 Mobilization LS 1 $ 10,000.00 $ 10,000.00 18 Contingency LS 1 $ 25,000.00 $ 25,000.00 Base Bid Total $ 770,542.59 Alternate #3 - Lowrie Ave. - Magnolia St. to the Alley North (2 Course Sealcoat)Item No. Item Units Quantity Unit Cost Total 1 Asphalt Tier 2 GAL 311 $ 3.00 $ 933.00 2 Grade 4 Type PB Aggregate CY 10 $ 93.26 $ 932.60 5 Barricades MO 4.5 $ 0.01 $ 0.045 6 Mobilization LS 1 $ 0.01 $ 0.01 Alternate #3 Total $ 1,865.66 Proposed Award Summary Base Bid $ 770,542.59 Alternate #3 - Lowrie Ave. - Magnolia St. to the Alley North (2 Course Sealcoat) $ 1,865.66 Total $ 772,408.25 Items Not Awarded in Alternate # 3Item No. Item Units Quantity Unit Cost Total 3 Street Sweeping 1 Week After Sealcoating LS 1 $ 5,000.00 $ 5,000.00 4 Street Sweeping 1 Month After Sealcoating LS 1 $ 5,000.00 $ 5,000.00
  • 11. MEMORANDUMDate: June 29, 2012To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 07-17-12 meetingContact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010Caption: Consent Agenda: CONSIDERATION OF AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO AWARD BID No. AP-01-12, AND AUTHORIZE ALL RELATED DOCUMENTS, IN THE AMOUNT OF $348,754 TO MEGA CONTRACTORS, INC. FOR THE U.S. CUSTOM AND BORDER PROTECTION HANGAR RENOVATIONS AT SAN ANGELO REGIONAL AIRPORT.History: Staff has received a request from the U.S. Customs and Border Protection to repair the 1st and 2nd floor central bathrooms, repair the leaks on the metal roof, and install heaters for their maintenance hangar. Staff enlisted the assistance of KSA Engineers, Inc. for the design and bidding process of this project.Summary: Five companies bid for this renovation project. The low bid is from Mega Contractors, Inc. who has done work previously for the City of San Angelo. Mega Contractors, Inc. is capable of completing the work. The project will consist of the renovation of the 1st and 2nd floor restroom facilities, installation of seventeen (17) radiant heaters with associated appurtenances, and repair of the metal roof at the U.S. Customs and Border Protection Hangar at 8092 Hangar Road. The entire project is expected to last 180 consecutive calendar days.Financial Impact: The City is obligated to pay $348,754 which will come from the airport’s enterprise fund balance.Related Vision Item: Adequately maintain infrastructure.Other Information/Recommendation: Staff recommends approval.Attachments: AP-01-12 - Bid Tabulation AP-01-12 - Project ContractPresentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 06-29-20112
  • 12. CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Frontera Construction Mega Contractors M&M Erectors Templeton Stoddard Construction Description Quantity Unit Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price Item 1 USCBP Restroom Renovations 1.01 Mobilization 1 LS 25,203.00 25,203.00 5,000.00 5,000.00 1,500.00 1,500.00 2,500.00 2,500.00 10,000.00 10,000.00 1.02 USCBP Restroom Renovations 1 LS 162,907.00 162,907.00 212,421.00 212,421.00 257,500.00 257,500.00 262,100.00 262,100.00 330,000.00 330,000.00 Total Bid Item 1 $ 188,110.00 $ 217,421.00 $ 259,000.00 $ 264,600.00 $ 340,000.00 Item 2 USCBP Hangar Roof Repair 2.01 USCBP Hangar Roof Repair 1 LS 15,347.00 15,347.00 9,500.00 9,500.00 9,900.00 9,900.00 13,500.00 13,500.00 15,000.00 15,000.00 Total Bid Item 2 $ 15,347.00 $ 9,500.00 $ 9,900.00 $ 13,500.00 $ 15,000.00 Item 3 USCBP Hangar Radiant Heaters 3.01 USCBP Hangar Radiant Heaters 1 LS 183,944.00 183,944.00 121,833.00 121,833.00 156,700.00 156,700.00 131,600.00 131,600.00 107,000.00 107,000.00 Total Bid Item 3 $ 183,944.00 $ 121,833.00 $ 156,700.00 $ 131,600.00 $ 107,000.00 Total Base Bid $ 387,401.00 $ 348,754.00 $ 425,600.00 $ 409,700.00 $ 462,000.00 Bid Bond: YES YES YES YES YES Price for Additional Work: Overhead Profit Overhead Profit Overhead Profit Overhead Profit Overhead Profit Work Performed by Gen. Contractor 8% 4% 10% 10% 10% 15% 10% 10% 10% 5% Work Performed by Sub-Contractors 6% 4% 10% 10% 15% 15% 5% 5% 5% 5% Calendar Days to Complete Project 180 150 210 120 180 Bids Mailed To: Blanek Construction company San Angelo TX Conerstone Builders San Angelo TX Cooper Construction San Angelo TX Corfield Constrution San Angelo TX G. Creek Construction Austin TX Garco Contracting Co. Inc San Angelo TX Greg Pierce Construction LLC San Angelo TX Guido Brothers Construction San Antonio TX Hi-Lite Markings, Inc. Adams Cente NY Imperial Construction Ltd. Weatherford TX Jay Mills Contracting Inc Stephenville TX JC Stoddard Construction Co. San Antonio TX Keller-Martin Organization, Inc. San Antonio TX Lee Lewis Construction San Angelo TX M & M Erectors San Angelo TX Mann Contractors LTD Hutto TX Mega Contractors Fort Worth TX Mid-Texas of Midland Midland TX Prime Construction Arlington TX Rafter C Construction, Inc San Angelo TX Ridgemont Commercial Construction Irving TX RKJ Construction, Inc. General ContracLampassas TX Roberts Construction Co San Angelo TX S.W. Sdidel Construction Christoval TX SR Baxter Construction, LLC Wall TX Stoddard Construction Management, In Bulverde TX Templeton Construction San Angelo TX The Fain Group Fort Worth TX San Angelo TXY:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212
  • 13. CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Frontera Construction Mega Contractors M&M Erectors No. Item Est Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 USCBP Restroom Renovations 1 188,110.00 188,110.00 217,421.00 217,421.00 259,000.00 259,000.00 2 USCBP Hangar Roof Repair 1 15,347.00 188,110.00 9,500.00 9,500.00 9,900.00 9,900.00 3 USCBP Hangar Radiant Heaters 1 183,944.00 183,944.00 121,833.00 121,833.00 156,700.00 156,700.00 Total Base Bid $ 560,164.00 $ 348,754.00 $ 425,600.00 Bid Bond: YES YES YES CITY OF SAN ANGELO BID TABULATION * RFB NO: AP-01-12/Hanger Restroom Renovation and Roof Repair * May 22, 2012 Templeton Stoddard Construction No. Item Est Qty Unit Price Total Price Unit Price Total Price 1 USCBP Restroom Renovations 1 264,600.00 264,600.00 340,000.00 340,000.00 2 USCBP Hangar Roof Repair 1 13,500.00 13,500.00 15,000.00 15,000.00 3 USCBP Hangar Radiant Heaters 1 131,600.00 131,600.00 107,000.00 107,000.00 Total Base Bid $ 409,700.00 $ 462,000.00 Bid Bond: YES YESY:12-RFXAirportAP0112 Hanger RenovationsBid Tab & Summary AP0212
  • 14. CONTRACT FOR US CUSTOMS AND BORDER PROTECTION HANGAR RESTROOM RENOVATIONS, BUILDING ROOF REPAIR AND INSTALLATION OF RADIANT HEATERS RFB No.AP-01-12 This Contract is entered into this ___ day of ____________, 2012 by and between City ofSan Angelo, a Texas home-rule municipal corporation (“City”) and MEGA Contractors, Inc., aTexas corporation (“Contractor”). RECITALS A. City has issued a Request for Bid No. AP-01-12 US Customs and BorderProtection Hangar Restroom Renovations, Building Roof Repair, and Installation of RadiantHeaters (“RFB No.AP-01-12”) for the renovation of restroom facilities, repair of the existingmetal roof, and the installation of seventeen (17) radiant heaters located at San Angelo AirportUS Customs and Border Protection Hangar with the address of 8092 Hangar Road San Angelo,Texas 76904 and Contractor’s bid, in response thereto, has been selected as the most qualifiedproposal for the provision of Work (“Work”). B. The Council of the City of San Angelo approved the selection of Contractor on________________, 2012, 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 WORKA. Contractor shall be responsible for the completion of the work described in RFB No. AP- 01-12 US Customs and Border Protection Hangar Restroom Renovations, Building Roof 1
  • 15. Repair, and Installation of Radiant Heaters, to include the renovation of the 1ST and 2nd floor restroom facilities, the repair of existing metal roof and installation of seventeen (17) radiant heaters with associated appurtenances.B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement, installation; and, all other work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 6 of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents; 2. TIME OF PERFORMANCEContractor agrees to substantially complete Work within one hundred eighty (180) consecutivecalendar days (“Contract Time”) after the date Work commences as established by the Notice toProceed. Contractor further agrees that approval for beginning Work on the project will not begiven and that Work will not start until all required bonds and insurance certificates specified inthe bid documents have been received and approved by City. 3. LIQUIDATED DAMAGESCity and Contractor recognize that the time of performance is of the essence in this Contract andthat City will suffer financial loss if Work is not substantially complete within the time specifiedin paragraph 2 above, plus any extensions thereof allowed. Both parties hereto also recognizethe delays, expense, and difficulties involved in proving in a legal proceeding the actual losssuffered by City if Work is not substantially complete on time. Accordingly, instead of requiringsuch proof, City and Contractor agree that a reasonable estimate of liquidated damages for anydelay (but not as a penalty) would be for Contractor to pay City Five Hundred Dollars ($500.00) 2
  • 16. for each calendar day that expires after the time specified in paragraph B until Work issubstantially complete. Therefore, Contractor shall pay as liquidated damages Five HundredDollars ($500.00) for each calendar day that expires after the time specified in paragraph 2 untilWork is substantially complete. 4. CONTRACT PRICECity shall pay to Contractor for performance of Work embraced in this Contract, and Contractorshall accept as full compensation therefore, the Bid Price of Three Hundred Forty EightThousand Seven Hundred Fifty Four Dollars No/100 ($348,754.00) subject to adjustment only asprovided 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 Section 5, PaymentProcedure. 5. PAYMENT PROCEDUREContractor shall submit Applications for Payment in accordance with the General Conditions asshown in RFB No.AP-01-12 and City shall process the Applications for Payment in accordancewith the General Conditions, except that progress payments and the final payment under thisContract shall be made as set as follows:A. Progress Payments. City shall make progress 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 as provided below. All progress payments shall be based upon the progress of Work, measured as provided for in the General Conditions. 1) Contractor shall subdivide Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment 3
  • 17. retainage shall not exceed Five Percent (5%) of the total bid price. Upon approval of the value by City, it shall be incorporated into the form of a Partial Payment Estimate furnished by Contractor. 2) If payment is requested by Contractor on the basis of materials on hand, not in place, but delivered and suitably stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material as inspected and approved for installation. 3) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to Ninety Five Percent (95%) of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions.B. Final Payment. Upon completion and acceptance of Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price. 6. CONTRACT DOCUMENTSThe following documents from the City of San Angelo are incorporated herein by reference forall purposes, as if fully set out verbatim: • Request for Bid for the US Customs and Border Protection Hangar Restroom Renovations, Building Roof Repair, and Installation of Radiant Heaters RFB No.AP-01-12(”RFB No.AP-01-12”) • All of the documents, conditions, specifications, technical data, 4
  • 18. drawings, requirements and addenda comprising said Bid Invitation number as of the time this Contract is entered by Contractor and City. 7. CONTRACTOR’S REPRESENTATIONSIn order to induce City to enter into this Contract, Contractor makes the followingrepresentations to City:A. 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.B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of 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.C. 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.D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWSContractor understands that agreements between private entities and local governments aresubject to certain laws and regulations, including laws pertaining to public records, conflict ofinterest, record keeping, etc. City and Contractor agree to comply with and observe all applicablelaws, codes and ordinances as they may be amended from time to time. 5
  • 19. 9. OWNERSHIP OF DOCUMENTSContractor understands and agrees that any information, document, report or any other materialwhatsoever which is given by the City to Contractor or which is otherwise obtained or preparedby Contractor pursuant to or under the terms of this Agreement is and shall at all times remainthe property of the City. Contractor agrees not to use any such information, document, report ormaterial for any other purpose whatsoever without the written consent of City, which may bewithheld or conditioned by the City in its sole discretion.. 10. AUDIT AND INSPECTION RIGHTSA. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Agreement, audit or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Agreement. Contractor 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 Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof, if applicable. Contractor 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 the City of San Angelo Code of Ordinance, as same may be amended or supplemented from time to time. 6
  • 20. 11. AWARD OF AGREEMENTContractor represents and warrants to City that it has not employed or retained any person orcompany 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, commission, percentage, brokerage fee, or gift of anykind contingent upon or in connection with, the award of this Agreement. 12. PUBLIC RECORDSContractor understands that the public shall have access, at all reasonable times, to all documentsand information pertaining to City contracts, and agrees to allow access by City and the public toall documents subject to disclosure under applicable law. Contractor’s failure or refusal tocomply with the provisions of this section shall result in the immediate cancellation of thisAgreement by City. 13. DEFAULTIf Contractor fails to comply with any term or condition of this Agreement, or fails to performany of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of adefault hereunder City, in addition to all remedies available to it by law, may immediately, uponwritten notice to Contractor, terminate this Agreement whereupon all payments, advances, orother compensation paid by City to Contractor while Contractor was in default shall beimmediately returned to City. Contractor understands and agrees that termination of thisAgreement under this section shall not release Contractor from any obligation accruing prior tothe effective date of termination. Should Contractor be unable or unwilling to commence toperform the Services within the time provided or contemplated herein, then, in addition to theforegoing, Contractor shall be liable to City for all expenses incurred by City in preparation andnegotiation of this Agreement, as well as all costs and expenses incurred by the City in the re- 7
  • 21. procurement of the Services, including consequential and incidental damages. 14. CITY’S TERMINATION RIGHTSA. City shall have the right to terminate this Agreement, 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, City shall pay to Contractor compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor 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 or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to the City all amounts received while Contractor was in default under this Agreement. 15. RESOLUTION OF CONTRACT DISPUTESContractor understands and agrees that all disputes between Contractor and City based upon analleged violation of the terms of this Contract by City shall be submitted to the City Manager forhis resolution, prior to Contractor being entitled to seek judicial relief in connection therewith.In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council.Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first receivedCity Manager’s written decision, approved by the City Council if the amount of compensationhereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60)days has expired, after submitting to the City Manager a detailed statement of the dispute,accompanied by all supporting documentation (90 days if City Manager’s decision is subject to 8
  • 22. City Council approval); or (iii) City has waived compliance with the procedure set forth in thissection by written instruments, signed by the City Manager. 16. INSURANCEA. Contractor 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 the services under this Agreement 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 Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City.B. If, in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor 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) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 9
  • 23. 17. SPECIAL INSURANCE AND INDEMNIFICATION RIDERA. 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 TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS 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 CONTRACTOR 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 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 COULD BE ASSERTED IN 10
  • 24. REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT.C. 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. 18. INSURANCE REQUIREMENTSA. 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 11
  • 25. 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 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, 12
  • 26. 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 Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of 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: $1,000,000.00 General Aggregate $500,000.00 Products- Completed Operations $500,000.00 Personal & Advertising Injury $500,000.00 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: $500,000.00 Each Accident Limit3) Workers’ Compensation and Employer’s Liability. If Contractor hires any 13
  • 27. employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect 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. 19. INDEPENDENT CONTRACTORNothing contained in this Agreement is intended to, or shall be construed in any manner, ascreating or establishing the relationship of employer/employee between the parties. Contractorshall at all times remain an independent contractor with respect to the services to be performedunder this Agreement. City shall be exempt from payment of all unemployment compensation,FICA, retirement, life and/or medical insurance and workers’ compensation insurance onContractor’s employees. 14
  • 28. 20. NONDISCRIMINATIONContractor represents and warrants to City that Contractor does not and will not engage indiscriminatory practices and that there shall be no discrimination in connection with Contractor’sperformance under this Agreement on account of race, color, sex, religion, age, handicap, maritalstatus or national origin. Contractor further covenants that no otherwise qualified individualshall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status ornational origin, be excluded from participation in, be denied services, or be subject todiscrimination under any provision of this Agreement. 21. AMENDMENTSCity or Contractor may amend this Agreement at any time provided that such amendments makespecific reference to this Agreement, and are executed in writing, signed by a duly authorizedrepresentative of both organizations, and approved by City. Such amendments shall notinvalidate this Agreement, nor relieve or release City or Contractor from their respectiveobligations under this Agreement. 22. ASSIGNMENTNo assignment by a party hereto of any rights under, or interest in, the Contract Documents willbe binding on another party hereto without the written consent of the party sought to be bound;and specifically, but without limitation, moneys that may become due, and moneys that are due,may not be assigned without such prior consent (except to the extent that this restriction may belimited by law), and unless specifically stated to the contrary in any written consent to anassignment, no assignment will release or discharge the assignor from any duty or responsibilityunder the Contract Documents. 15
  • 29. 23. SUCCESSORS AND ASSIGNSThis Agreement shall be binding upon the parties hereto, their heirs, executors, legalrepresentatives, successors, or assigns. 24. NOTICESCommunication and details concerning this Agreement shall be directed to the followingrepresentatives: CITY CONTRACTOR City of San Angelo MEGA Contractors, Inc. Attn: Luis Elguezabal Attn: R. D. Hogan, President 72 W. College 914 N. Sylvania Avenue San Angelo, Texas 76903 Fort Worth, Texas 76111 Phone: (325) 659-6409 ext-3 Phone: (817) 222-0600 Email: luis.elguezabal@sanangelotexas.us Email: D1@megacontractorsinc.comBefore City shall be liable to Contractor or any of its successors or assigns for any allegedbreach of this Contract, notice must first be given City within six (6) months of the dateContractor alleges the breach occurred. Such notice shall be in accordance with and providesubstantially the same information as required for notice of tort claims as specified in Article1.500 of the City of San Angelo Code of Ordinances. 25. MISCELLANEOUS PROVISIONSA.. Remedies: In the event of default by Contractor 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 Contractor 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. 16
  • 30. B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Contractor 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 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. 17
  • 31. 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 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. 26. CONTINGENCY CLAUSEFunding for this Agreement is contingent on the availability of funds and continued authorizationfor program activities and the Agreement is subject to amendment or termination due to lack offunds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 27. ENTIRE AGREEMENTThis Agreement constitutes the sole and entire agreement between the parties hereto. Nomodification or amendment hereto shall be valid unless in writing and executed by properlyauthorized representatives of the parties hereto. 18
  • 32. 28. REAFFIRMATION OF REPRESENTATIONSContractor herby reaffirms all of the representations contained in RFB No.AP-01-12. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted by their respective officials thereunto duly authorized, this the day and year abovewritten. . CONTRACTOR: MEGA Contractors, Inc. By: ______ATTEST: R. D. Hogan, President______________________________(SEAL) CITY City of San Angelo By: ______ Michael Dane, Interim City ManagerATTEST:Alicia Ramirez, City Clerk(SEAL) 19
  • 33. CONTRACT FOR US CUSTOMS AND BORDER PROTECTION HANGAR RESTROOM RENOVATIONS, BUILDING ROOF REPAIR AND INSTALLATION OF RADIANT HEATERS BETWEEN CITY OF SAN ANGELO & MEGA CONTRACTORS, INC. RFB No.AP-01-12Approved as to Content: Approved as to Form:______________________________ ______________________Luis Elguezabal, Airport Director Lysia H. Bowling, City AttorneyApproved as to Content: Approved as to Insurance Requirements______________________________ _______________________________Roger Banks, Purchasing Manager John Seaton, Risk Manager 20
  • 34. City of San AngeloMemo Date: July 13, 2012 To: Mayor and Councilmembers From: Brian Dunn, Fire Department th Subject: Agenda Item for July 17 , 2012 Council Meeting Contact: Brian Dunn, Fire Department, (325) 657-4355 Caption: Consent Agenda Item Consideration of allowing the Fire Department to apply for an AFG (Assistance to Firefighters Grant) with a twenty percent (20%) match. Summary: The fire department would like to apply for an AFG (Assistance to Firefighters Grant) for a Type III brush truck. This truck would cost about $291,700 and the equipment needed for the truck would be another $40,000 for a total of $331,700. The city would have a twenty percent match for the amount of $66,340. The city has a very small brush truck that we use to get in small areas inside the city. This Type III truck would carry 1000 gallons of water and have a larger pump. This type of truck would be more suited to help fight the type of fires we experienced in 2011. The City of San Angelo does have a considerable amount of wildland interface within and around the city limits. The best option is to remove these dangers with bulldozers and maintainers. This would prevent many of these areas from becoming fire hazards. We need the capacity to be able to contain these types of fires and this fire truck is made to deal with these situations. A type III truck would give us some ability to help with some of the bigger fires that threaten areas in the county. This truck could help protect other city assets that may be deployed to area wildfires. We will still need to purchase equipment to go on the vehicle. The vehicle would still need hose, nozzles, tools, airpacks, radios and other miscellaneous items. These items would cost about $40,000. History: N/A Financial Impact: $66,340…This money would come from account 508-9000-800 07-20 Related Vision Item N/A (if applicable): Other Information/ Staff Recommends Approval Recommendation: Attachments: AFG Grant Application 2012.pdf Adopted: 5/30/03 Revised: 6/21/10
  • 35. Presentation: NonePublication: NoneReviewed by Brian Dunn, Firechief July 3, 2012Director:Approved by Legal:
  • 36. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-06-0055-TLocation: 106 W 15th StreetParcel Size/Dimensions: 50 x 140City of San Angelo vs. Nancy WrightTax ID Number: 16-31200-0011-008-00Judgment Date: June 14, 2007Date of Sheriffs Sale: March 4, 2008Sheriffs Deed Recorded: April 7, 2008 Years Held in Trust 4 Yrs. Urban Redevlopment Sale: NOAdjudge Value: $ 1,713.00Amount of Offer: $ 950.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 195.00 $ 195.00 0.00% $ 195.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 275.00 $ 275.00 0.00% $ 275.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 1,143.00 100.00% $ 30.00 $ 30.00Total $ 920.00 $ 1,143.00 $ 920.00 100.00% $ 30.00 $ 950.00Actual Total Amt Due $ 2,063.00Amount Remaining $ 30.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  • 37. Lot 9, Block 11, Lasker Addition106 W 15th Street 50 x 140Copyright 2011 Esri. All rights reserved. Fri May 18 2012 02:52:31 PM.
  • 38. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Darrell Jones and Marta Jones, husband and wife 106 W. 15th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas. Acct. #16-31200-0011-008-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2007, in Cause No. B-06-0055-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 31, 2008, and recorded in Instrument Number 649595, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  • 39. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  • 40. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 9, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 47, Page 636, Official Public Records of Real Property of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 649595, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to DARRELL & MARTA JONES, a married couple, for the consideration ofNine Hundred Fifty and 00/100 Dollars ($950.00) and that the sale for said amount is also herebyauthorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managerc:usersbryan.kendrickdesktop07-17-1207-17-1204a4 resolution.doc
  • 41. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-07-0046-TLocation: Next to 424E 32nd StreetParcel Size/Dimensions: 62 x 135City of San Angelo vs. Billy F. BrownTax ID Number: 22-39300-0001-015-00Judgment Date: June 29, 2009Date of Sheriffs Sale: March 6, 2012Sheriffs Deed Recorded: March 20, 2012 Years Held in Trust 2 mos. Urban Redevlopment Sale: NOAdjudge Value: $ 2,485.00Amount of Offer: $ 1,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 249.00 $ 249.00 0.00% $ 249.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 392.00 $ 392.00 0.00% $ 392.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 1,744.00 100.00% $ 409.00 $ 409.00Total $ 1,091.00 $ 1,744.00 $ 1,091.00 100.00% $ 409.00 $ 1,500.00Actual Total Amt Due $ 2,835.00Amount Remaining $ 409.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  • 42. Lot 19 & E 5 of Lot 18, Block 1, Probst &Page Revised SD of Meador View AdditionNext to 424 E 32 Street 62 x 135Copyright 2011 Esri. All rights reserved. Mon Mar 26 2012 08:43:16 AM.
  • 43. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Adam Garcia, a single person and Victoria Galindo, a single person 812 E 36th Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas. Acct. #22-39300-0001-015-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 29, 2009, in Cause No. B-07-0046-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 15, 2012, and recorded in Instrument Number 716210, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  • 44. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  • 45. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 19 and the East 5 feet of Lot 18, Block 1, Probst and Page Revised Subdivision of Meador View Addition, San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Volume 1, Page 265, Plat Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 716210, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to ADAM GARCIA & VICTORIA GALINDO, single people, for theconsideration of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managerc:usersbryan.kendrickdesktop07-17-1207-17-1204b4 resolution.doc
  • 46. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 5, Block "N", Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-03-0076-TLocation: 222 W 3rd StreetParcel Size/Dimensions: 50 x 100City of San Angelo vs. Eva McClinton, deceasedTax ID Number: 19-34200-8114-002-00Judgment Date: September 27, 2004Date of Sheriffs Sale: October 4, 2005Sheriffs Deed Recorded: October 20, 2005 Years Held in Trust 6 1/2 yrs Urban Redevlopment Sales: NOAdjudge Value: $4,411.00Amount of Offer: $2,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $350.00 $350.00 0.00% $350.00Maintenance Fee $- 0.00% $-District Clerk $294.00 $333.00 $294.00 0.00% $294.00Sheriffs Fee $100.00 $100.00 $100.00 0.00% $100.00Attorney Fee $332.00 $540.00 $332.00 0.00% $332.00Demolition preformed as $2,459.32 100.00% $1,424.00 $1,424.00TrusteeTaxes $3,685.00 0.00% $- $-Total $1,076.00 $7,117.32 $1,076.00 100.00% $1,424.00 $2,500.00Actual Total Amt Due $8,193.32Amount Remaining $1,424.00
  • 47. Offer will satisfy the court cost and a portion of the demolition, which was preformed after obtained as Trustee.
  • 48. Lot 5, Block N, Miles Addition222 W 3rd Street 50 x 100Copyright 2011 Esri. All rights reserved. Mon Feb 20 2012 04:44:23 PM.
  • 49. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Palmer, Palmer, Palmer, a Texas Partnership 316 Martin Luther King Drive San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 5, Block “N”, Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas. Acct.#19-34200-8114-002-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 27, 2004, in Cause No. B-03-0076-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 17, 2005, and recorded in Volume 1243, Page 277, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  • 50. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  • 51. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: Lot 5, Block “N”, Miles Addition, City of San Angelo, Tom Green County, Texas, and described in deed recorded in Volume 613, Page 385, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Volume 1243, Page 277, of the Official Public Records of Real Property,Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to PALMER, PALMER, PALMER, a general partnership, for the considerationof Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amountis also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managerc:usersbryan.kendrickdesktop07-17-1207-17-1204c4 resolution.doc
  • 52. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: .241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: B-05-0214-TLocation: 2215 Pecan StreetParcel Size/Dimensions: 50 x 210City of San Angelo vs. Earl BurlesonTax ID Number: 38-05670-0183-000-00Judgment Date: April 29, 2008Date of Sheriffs Sale: November 3, 2009Sheriffs Deed Recorded: November 23, 2009 Years Held in Trust 2 1/2 yrs. Sold As Urban Redevelopment NoAdjudge Value: $ 3,000.00Amount of Offer: $ 1,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 265.00 $ 265.00 0.00% $ 265.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 365.00 $ 365.00 0.00% $ 365.00Municipal Liens $ - 0.00% $ - $ -Taxes $ 2,569.87 100.00% $ 420.00 $ 420.00Total $ 1,080.00 $ 2,569.87 $ 1,080.00 100.00% $ 420.00 $ 1,500.00Actual Total Amt Due $ 3,649.87Amount Remaining $ 420.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  • 53. .241 acre, entire N 210 x 50 o/o 1 acre tractin James Williams Survey2215 Pecan StreetCopyright 2011 Esri. All rights reserved. Tue Mar 20 2012 01:34:03 PM.
  • 54. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Adelina Munoz and Charlie Brewer, wife and husband 2201 Pecan Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): 0.241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas. Acct. #38-05670-0183-000-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on April 29, 2008, in Cause No. B-05-0214-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678737, Official Public Records, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
  • 55. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled toreceive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formalresolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation ofSection 52, Article III, Texas Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:City Attorney’s Office
  • 56. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: .241 acre, more or less, being the entire North 210 feet by 50 feet out of that certain 1 acre tract, more or less, situated in the James Williams Survey, Tom Green County, Texas, as described in Volume 1, Page 745, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 678737, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the Judgment against said property; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to ADELINA MUNOZ & CHARLIE BREWER, a married couple, for theconsideration of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and that the salefor said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Managerc:usersbryan.kendrickdesktop07-17-1207-17-1204d4 resolution.doc
  • 57. Click here for instructions. City of San AngeloMemo Date: 7/5/12 To: Mayor and Councilmembers From: John Seaton, Risk Manager Subject: Consent Item for 7/17/12 Council Meeting Contact: John Seaton Caption: Consent Consideration of approval to pay $52,820 to Midwest Employers Casualty Company for Excess Workers Compensation Premium for policy year ending July st 1 , 2013 Summary: The City is self-insured for its workers compensation exposures. Claim exposures exceeding $500,000 are insured by the purchase of Excess Workers Compensation Insurance. The renewal premium for fiscal year 2013 will be $52,820. History: Section 1.608 The city manager, with approval of the city council, is hereby authorized to purchase insurance as may be necessary to provide coverage to the extent that the loss exposure exceeds the reasonable capacity of the Self- Insurance Fund to afford adequate coverage. (1959 Code of Ordinances, Sec. 1- 33-8) Recommendation: Staff recommends payment of renewal premium. Attachments: Invoice and Policy Binder Reviewed by Lisa Marley, ext. 1351 Director:
  • 58. City of San AngeloMemoDATE: June 26, 2012TO: Mayor and Council MembersFROM: Robert Salas, Director of Community DevelopmentSUBJECT: Agenda Item for July 17, 2012 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration of applying for San Angelo Health Foundation (SAHF) grant funds in the amount of$100,000, authorizing the City Manager to execute related documents, and approving resolution ofsupport. ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Neighborhood Services requests approval to apply for $100,000 of SAHF grant funds to carryout roof repair housing activities in the neighborhoods targeted for revitalization for low/moderate incomecitizens.History: Faulty roofs that leak cause extensive damage to not only the roof foundation, but to the interiorwalls as well. Moisture from leaky roofs also allows mold to build up and cause health problems tofamilies. A windshield survey of the homes located in the revitalization target areas shows a great needfor immediate roof repairs. Currently, there are no organizations that provide assistance for roof repair inan emergency basis. CDBG housing rehab does provide funding for extensive remodels that includesroof repairs, but due to high interest in the program and consequently a lengthy waiting list, it takesapproximately 24 months before assistance is provided. This grant will allow Neighborhood Services staffto provide immediate roof repair assistance to multiple families in those target areas.Financial Impact: None at this time. If grant is approved, $100,000 will be made available forNeighborhood Services to execute a roof repair program in the target areas.Related Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Staff requests approval to proceed with the application process.Attachments: Grant Proposal and resolution stating council support for the grant proposal.Presentation: NonePublication: NoneReviewed by Department Director: N/A
  • 59. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS ENDORSING THE EFFORTS OF THE NEIGHBORHOOD SERVICES DEPARTMENT, COMMUNITY & HOUSING SUPPORT DIVISION TO OBTAIN SAN ANGELO HEATLH FOUNDATION GRANT FUNDING FOR A ROOF REPAIR PROGRAM TO BENEFIT CITIZENS OF SAN ANGELO, TEXAS.Whereas, the City of San Angelo recognizes the importance of providing funding forroof repairs in neighborhoods targeted for revitalization, andWhereas, the City of San Angelo supports the creation of a roof repair program forlow/moderate income citizens, andWhereas, The Community & Housing Support Division is proposing to apply for$100,000 from the San Angelo Health Foundation to create and execute a roof repairprogram.NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANANGELO:That the Council of the City of San Angelo supports and endorses the efforts of theCommunity & Housing Support Division to obtain a $100,000 grant for the purpose ofcreating and executing a roof repair program for low/moderate income citizens living inone of four neighborhoods targeted for revitalization and which include the Rio Vista,Reagan, Ft Concho, and Blackshear neighborhoods. PASSED, APPROVED and ADOPTED on this the 17th day of July, 2012. THE CITY OF SAN ANGELO ______________________________ JOSEPH W. LOWN, MAYORATTEST:______________________________ALICIA RAMIREZ, CITY CLERKC:Usersbryan.kendrickDesktop07-17-1207-17-1206b NFS - SAFH Grant application approval -Resolution.docxRDH06/16/04
  • 60. SAN ANGELO HEATLH FOUNDATION GRANT PROPOSAL ROOFING PROGRAM forLOW/MODERATE INCOME CITIZENS CITY OF SAN ANGELO Neighborhood Services Department Housing Support Division
  • 61. 1. Organization Information a. Mission and Goal statement: To secure grant funding to support the development of viable urban communities by expanding the supply of decent, safe, sanitary and affordable housing for low to moderate income persons. The use of grant funds directly aids in the preservation and increase of the number of suitable homes through several distinct programs that includes: new home construction, rehabilitation and emergency repairs. b. Summary of organizations history: The city’s Housing Support Division (HD) has been in existence since 1975 serving as the administrators for HUD Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grants. CDBG assists families through a combination of grants and no-interest loans for housing rehabilitation, emergency repairs, and demolition of substandard structures. The HOME program provides grants and no-interest loans for housing rehabilitation or reconstruction in City Council approved target areas, grants for first-time homebuyers, tenant based rental assistance, and low income duplex housing for elderly and disabled individuals. The implementation and operation of the CDBG and HOME programs conform to the policies and guidelines established by the United States Department of Housing and Urban Development (HUD) and the City of San Angelo’s City Council. c. Brief description of current programs and past accomplishments: HD manages and executes several housing and non-housing programs that include: • Housing Rehabilitation o Part grant & part 2% loan up to $24,999.00 • Emergency Repair o Grant up to $5000.00 • Demolition Program • Public Services • Economic Development • Public Facilities • Historic Preservation • Neighborhood Revitalization o New Construction in one of four neighborhoods targeted for revitalization  Rio Vista  Blackshear  Ft Concho
  • 62.  Reagan • Homebuyers Assistance Program (HAP) o Provides down payment & closing costs for first time home buyers o Will fund 11% of appraised value not to exceed $8,000.00 if home is located in one of the target areas o Or 6% of the appraised value not to exceed $5000.00 anywhere in the city • Home Buyers Education Classes • Funding for Community Housing Development Organizations (CHDO) • Tenant-based Rental Assistance for Special NeedsHousing Accomplishments since 2006: • 443 homes rehabilitated • 469 special needs assisted with rental assistance • 12 new homes constructed in the target areasd. Organization chart (both Staff and Board) (see attachment 1)e. Board roster (include occupations and/or community affiliations) and how many times each year the Board meets: City Council meets first and third Tuesdays of each month unless otherwise scheduled. Current council: • Alvin New • Paul Alexander • Dwain Morrison • Johnny Silvas • Fredd Adams • Kendall Hirschfeld • Charlotte Farmerf. List the amount and source of income of the organization for each of the past three years: Housing Support has received annual allocations from HUD CDBG and HOME grants as follows: 2006 - $1,350,685.00 2007 - $1,465,320.00 2008 - $2,185,079.00
  • 63. 2009 - $1,432,521.00 2010 - $1,496,731.00 2011 - $1,400,195.002. Proposed Project Information a. Description of the project: Funds in the amount of $100,000.00 is requested to repair/replace roofs for low/moderate income citizens residing in one of four neighborhoods targeted for revitalization within the San Angelo city limits. Costs will be held to a minimum with a cap of $5,000.00 for a complete reroofing project. Projects exceeding the $5K limit will be reviewed and approved on a case-by-case basis. Matching funds will be available to leverage SAHF grant funding. b. A statement validating the need for the project (If statistics or opinions are included, the source or reference should be cited.): Currently, there are no programs that can assist low/moderate income citizens with roof repair on an emergency basis. HD’s emergency repair program can only assist citizens whose roofs received damage within two weeks from requesting assistance (e.g. storms that knocked off shingles) but the assistance is limited to patching holes created by recent storms or other acts of God. Roofs that have sustained damage from normal wear and tear can be repaired/replaced under HD’s rehab program. However, the waiting list is closed due to the large number of households awaiting general rehab assistance. It is critical that roofs in disrepair be repaired/replaced as soon as possible in order to prevent future/further deterioration of the structure. Early prevention will save the city and individual home owners money in the long run and allow for the city’s CDBG funds to be allocated to more projects. c. Description of target population and how they will be positively impacted: Target population will be families that reside in one of four neighborhoods targeted for revitalization and who meet HUD’s definition of low/mod income (see attachment 2). Assisting low/moderate income families with roof repair will help prevent further deterioration of the overall structure for those homes in need of repair. d. Geographic area of project: Projects will be restricted to the four target areas: Blackshear, Reagan, Ft Concho, and Rio Vista (see attachment 3).
  • 64. e. List of goals and objectives of the project: Housing Support expects to assist a minimum of 40 families with roof repairs/replacement which will not only provide home structural improvements and preventive measures, but will aid in the city’s neighborhood revitalization efforts as identified in the 5-year Consolidated Plan.f. List of corresponding action steps to accomplish goals and objectives (include dates): Housing Support will follow its current process in place to vet projects, verify citizen eligibility, obtain contractor bids, monitor project progress, create and maintain files/documentation, and provide project completion reports. Activities will begin upon grant approval and continue throughout a 12-month period.g. Description of your evaluation process: 1. Expected results during the funding period: At least 40 families will be assisted with roof repairs/replacement. 2. How youll define and measure success: Success will be measured upon completion of 100% of our goal of 40 roofs repaired/replaced. 3. How the projects results will be used and/or disseminated: Project results will support the city’s neighborhood revitalization efforts and will be reported in the city’s Consolidated Annual Performance and Evaluation Report that provides citizens information on the city’s housing accomplishments. It will also be detailed on the city’s website.h. Implementation schedule: Immediately upon grant approval and throughout a 12-month period.
  • 65. i. Other organizations participating in the project and their roles (include contact name and phone number): None j. Other local groups doing similar or related work, and your linkages with them: None k. List of names, qualifications, i.e. resumes, and job descriptions of key staff and volunteers responsible for the project: (see attachment 4) l. Long-term strategies for funding this project at the end of the grant period: Through Community Development Block Grant funds, HD will continue to assist citizens with roofing needs on a first come first served basis. However, there is a waiting list and citizens with roofing needs will compete with overall housing rehab needs. m. Contact person regarding this project: Robert Salas, Housing Support Division, City of San Angelo, 657-4274. n. Three competitive bids are requested for capital projects: N/A3. Support Information a. Cover letter indicating organizations full Board support signed by the Board Chair: City Council resolution of support pending for March 3, 2009 meeting. (see attachment 5) b. IRS determination letter indicating 501 ( c ) 3 tax exempt status, and that the Organization is not a private foundation as defined in Section 509(a): N/A
  • 66. c. Finances: 1. Most recent independently audited financial statements: (see attachment 6) 2. Most recently filed IRS Form 990, including Schedule A and all supporting schedules: N/A 3. Interim financial statements which include a balance sheet and income and expenses compared to budget from the time of the last audit to present: N/A 4. Income and expense budget of your project proposal (the foundation prefers to fund only direct program costs): All expenses will be project costs. No administrative fees will be included in the grant proposal. Attachment 7 provides an example of a case where expenditures are identified for a single family unit. 5. List amounts requested of other foundations, government, corporations and other funding sources to which this proposal has been submitted and their response to date: Plan is to obtain COSA DC affordable housing funds to match this grant. 6. Amount requested of San Angelo Health Foundation: $100,000.00 d. Annual report (if available): (see attachment 6)4. Additional Information a. The request was developed thru consultations and citizen input during public meetings for the 2012 program year. The proposal is consistent with the city’s Fiver Year Consolidated Plan which identifies housing rehabilitation as a core activity. The request was developed by the HD Manager with authorization from the City Manager and City Council.
  • 67. b. HD will market the project aggressively and apply a first come first served process. Clients will be eligible if they meet HUD’s low/moderate income limits and are homeowners. Families can apply for assistance at HD. We will then send out an inspector to provide an initial needs assessment, then outsource the roof repair/replacement using the city bidding processes which consist of awarding bids to the lowest, most responsible contractor. Steve Diaz, the Housing Program Coordinator will oversee the program.c. There has been a renewed cooperation among and between the housing entities in the city and we have seen an increase in neighborhood revitalization efforts across the spectrum of for-profit and non-profit organizations in the target areas to include: • Partnering with the national guard to demolish and level over 20 blighted homes in the Blackshear area • Financing over a million dollars for sidewalks and other infrastructure improvements in the target areas • Earmarking over $200k and expending hundreds of manhours to support a $1M tax credit project to build 20 new single family homes in Blackshear o Project will begin Mar 2009 • Non-profits like Habitat for Humanity, Galilee CDC, and Rebuilding Together are working to build new housing and rehab existing homes in all four target areas • Clean-up efforts led by Code Compliance and Keep San Angelo Beautiful have resulted in 100 tons of trash and abandoned vehicles picked up and disposed of in the landfill • Private contractors have built two new homes in Blackshear in conjunction with the ½ cents sales tax affordable housing program
  • 68. City of San AngeloMemoDATE: July 10, 2012TO: Mayor and Council MembersFROM: Robert Salas, Director, Neighborhood & Family ServicesSUBJECT: Agenda Item for July 17, 2012 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration of approving a Neighborhood Stabilization Program (NSP) contract between theCity and Galilee CDC agreement identifying Galilee CDC as a developer and authorizing the CityManager to execute related documents. ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Request approval of a NSP contract between the City and Galilee CDC identifying GalileeCDC as a developer in order to construct housing units per NSP guidelines. The original agreement withGalilee CDC has expired, This new agreement will allow Galilee to construct NSP homes as developerswhich will allow the city to draw down NSP funds from the Texas Department of Housing & CommunityAffairs (TDHCA). Galilee has constructed three homes which the city has reimbursed. The city nowneeds to draw down funds from TDHCA and this agreement must be in place prior to requesting draws.We are coming up on the Aug 11, 2012 deadline to expend the funds or the funds revert back to theState. This agreement was provided by the Texas Dept of Housing & Community Affairs (TDHCA) for usto use as a template.History: On Dec 1, 2009 Council accepted the NSP grant funds in the amount of $525K to purchase,rehabilitate, and resell foreclosed homes to low income citizens in Tom Green County and authorized theCity Manager to execute the contract. The original contract called for the city to purchase existing homeswhich had been foreclosed and rehabilitate those homes for sale to low income families, or purchasingtax lots and building new units on those lots. Galilee has built three units and the city now needs toreceive reimbursement.Financial Impact: None. No change to the NSP grant amount.Related Vision Item: Neighborhood Revitalization.Other Information/Recommendations: Staff requests approval of contract amendmentAttachments: AgreementPresentation: None
  • 69. Publication: NoneReviewed by Department Director: N/A
  • 70. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) DEVELOPER AGREEMENT SINGLE FAMILY HOMESTHIS AGREEMENT, entered into this ___ day of ____, 2012, by and between the CITY OF SANANGELO, a Texas home rule municipal corporation acting by and through its duly authorizedcity manager, the address of which is P.O. Box 1751, San Angelo, Texas 76902, (hereinaftercalled the “City”) and GALILEE COMMUNITY DEVELOPMENT CORPORATION, a non-profitorganization chartered under the laws of the State of Texas (hereinafter called “GCDC”), actingby and through its duly authorized President, the address of which is 1404 S. Oakes, SanAngelo, Texas 76903. This Agreement will supersede any and all agreements between theseparties.WITNESSETH:WHEREAS, the City has entered into an Agreement to receive funds under the NeighborhoodStabilization Program (hereinafter called the NSP) from the US Department of Housing andUrban Development (hereinafter called “HUD”) as a subrecipient of Texas Department ofHousing and Community Affairs (hereinafter called TDHCA); andWHEREAS, the City has designated the above named organization as a DEVELOPER to assistthe CITY in the expenditure of the NSP award in accordance with Title III of Division B of theHousing and Economic Recovery Act of 2008, as amended (“HERA”) and associated crosscutting Federal Regulations governing the Neighborhood Stabilization Program (NSP) ;WHEREAS, the City desires to engage the DEVELOPER to carry out NSP activities in a mannersatisfactory to the City consistent with all applicable regulations, notices, standards and HUDguidance required as a condition of proving these funds;NOW, THEREFORE, the parties hereto do hereby agree as follows: I. DefinitionsUnless specifically provided otherwise or the context otherwise requires, when used in thisAgreement: 1. “Abandoned” refers to homes where no mortgage or tax payments have been made by the property owner for at least 90 days or a code enforcement inspection has determined that the property is not habitable, and the owner has taken no corrective actions within 90 days of notification of the deficiencies. 2. “Blighted structure” means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. 3. “CDBG Act” means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in HERA (as amended) and the alternative requirements in the NSP Notices, NSP is governed by the CDBG regulations. 4. “Current market appraised value” means the value of a property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 24.103 or the Uniform Standards of Professional Appraisal Practice 1
  • 71. or the appraisal requirements of the Federal Housing Administration or a Government Sponsored Entity and completed within 60 days prior to a final offer made for the property by the CITY, Subrecipient, developer, or individual homebuyer; provided, however, if the anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market appraised value of the property may be established by a valuation of the property that is based on a review of available data and is made by a person the Subrecipient (with DLG approval) determines is qualified to make the valuation.5. “Development Subsidy” is a reduction in sales price approved by CITY to enable the property to be sold to NSP eligible Buyer.6. "Eligible Costs" means costs for the activities specified in this Agreement for which NSP funds are budgeted, provided that such costs (i) are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (ii) conform to all NSP requirements.7. "Environmental Requirements" means the requirements described in 24 CFR Part 58.8. “Foreclosed” refers to a property that is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; or the property owner is 90 days or more delinquent on tax payments; or under state or local law, foreclosure proceedings have been initiated or completed; or foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer that is not an NSP CITY, contactor, subrecipient, developer, or end user.9. "HERA" means the Neighborhood Stabilization Program (NSP) found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended.10. "HUD" means the United States Department of Housing and Urban Development.11. “LMMI” is a HUD-defined term incorporating households with eligible incomes (at or below 120% of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program.12. “Low-Income Set-Aside” refers to the HERA requirement that not less than 25 percent of the funds NSP funds to the CITY shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income.13. “NSP Notice” refers to the alternative requirements for NSP issued by HUD in the Federal Register on October 6, 2008, and as modified in the Bridge Notice issued on June 19, 2009.14. "NSP Funds" mean those funds to be provided by the CITY pursuant to the terms of this Agreement, as specified in Section II of this Agreement.15. “Program Income" means the NSP1 portion of any proceeds received by the DEVELOPER and repaid to the CITY.16. "PROJECT" means the activities described in Exhibit A of this Agreement which are to be carried out to meet the objectives of the NSP1 Program.17. “Purchase Discount” means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR–5255–N–02, the purchase discount for NSP is “at least 1 percent from the current market-appraised value of the home or property.”18. “Vacant properties” includes both vacant land and properties with vacant structures on the land.19. “Sales Price” shall not exceed the cost to acquire, construct/rehabilitate/reconstruct 2
  • 72. the home and shall also include costs related to property disposition. The housing unit and may be referred to as Total Development Cost. Sales price may not exceed current market appraised value at time of purchase by NSP eligible buyer. II. Terms and Conditions of the FundingA. Funding Amount – NSP Funds in the amount of $190,534 are obligated for use in compliance with this agreement. 1. These amounts represent an allocation of the CITY’s total NSP funding contingent upon DEVELOPER performance and not an entitlement to a certain grant amount, and shall only be disbursed for approved projects and costs. 2. A minimum of 2 newly constructed single family homes shall be delivered under this Agreement and in accordance with all NSP, state and local regulations and laws.B. Use of Funds – NSP funds obligated under this agreement may be used as follows: 1. No Commitment or Expenditure Prior to Environmental Clearance – This obligation of NSP funds is conditional upon satisfactory completion of environmental review under the National Environmental Policy Act of 1969 (NEPA), and the related activities in HUD’s implementing regulations at 24 CFR Parts 50, 51, 55 and 58.. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by CITY of a release of funds from the U.S. Department of Housing and Urban Development under the regulations referenced above. The parties further agree that the provision of any funds to the project is conditioned on CITY’s determination to proceed with, modify or cancel the project based on the results of environmental review. Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and understands that violation of this provision may result in the denial of any funds under the agreement. 2. Eligible Activities – Funds may be used for the NSP eligible activities as follows: a. Acquisition of vacant properties that have been abandoned or foreclosed in order to redevelop such properties for sale to NSP eligible owner occupant buyers. b. Construction of new single family residences in accordance with applicable Federal, State and local codes, ordinances and zoning at the time of project completion. Any property located within the 100 year flood plain as identified by the Federal Emergency Management Agency must be developed so all finished ground floor elevations are at least one foot above the flood plain and parking and drive areas are no lower than six inches below the flood plain, and subject to any local requirements. c. Ongoing maintenance of properties during and following development and prior to sale d. Disposition of such properties to NSP eligible buyers. 3
  • 73. 3. Eligible Properties – The DEVELOPER may only utilize NSP funds for properties approved by the CITY. Approved properties are listed in Exhibit A. Other than those properties explicitly listed in Exhibit A, the DEVELOPER must prepare and submit a written request for property approval for each property to be assisted with NSP funds. Eligible properties must meet the following conditions for approval by CITY: a. Must be located in an NSP Target Area as identified in Exhibit A. b. Must have no substantial adverse environmental factors as determined by an environmental review. c. Must be in suitable locations for marketing and resale to low- and moderate- income homebuyers. d. Must be vacant , unoccupied and have no personal possessions on site. e. Must be eligible for acquisition under NSP as foreclosed or abandoned. f. Must meet purchase discount of a minimum of 1% below appraised value. 4. Activity Limitations – In implementing projects, DEVELOPER shall undertake only those activities permitted by this agreement, and comply with all provisions of this agreement, including the project requirements in Section III, as they may be modified by HUD. In particular: a. Acquisition – In order to ensure that only NSP-eligible properties are acquired, DEVELOPER may acquire only those properties listed in Exhibit A or subsequently approved by CITY. No acquisitions may occur without environmental clearance, and determination of the applicability of URA provisions. All NSP property acquisitions must meet the minimum 1% discount from market appraised value as evidence by an appraisal meeting NSP requirements. i. A Deed Restriction, mortgage and note in the amount of the purchase price plus estimated construction costs shall be completed by CITY at time of property Acquisition and recorded at CITY’s expense. These security documents will be satisfied at the time of sale of property to NSP eligible buyer. b. Demolition – Primary structures on properties acquired or contributed may not be demolished unless they are declared as blighted by CITY. c. Construction/Rehabilitation/Reconstruction – DEVELOPER may use NSP funds for the construction, rehabilitation or reconstruction of properties as approved by the CITY and permitted by this agreement, and shall implement the requirements in Section VII as applicable to all projects.C. Cost Limits – All uses of funds are subject to the approval of the CITY. 1. Cost Limits on Individual Units a. All project costs must be considered reasonable and customary as determined by CITY b. Total Development Cost of units must be affordable to NSP eligible buyers. 4
  • 74. D. Deadlines – Timely completion of the work specified in this agreement is an integral and essential part of performance. The NSP funds are subject to Federal deadlines and failure to comply could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the DEVELOPER that the PROJECT will be completed by July 31, 2012 and that the DEVELOPER will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of NSP funds. 1. Project Obligation Deadline – All properties not listed in Exhibit A will be identified by the DEVELOPER and submitted to the CITY for approval on or before July 1, 2012. 2. Obligation Standards – To be considered obligated, NSP funds must adhere to the following standards: a. Funds for property acquisition are obligated by the DEVELOPER entering into a valid purchase and sales agreement with the seller of the property in compliance with all NSP requirements. b. Funds for construction or rehabilitation are obligated by completing a detailed set of plans and specifications (or work write-up) and completing a detailed construction/rehabilitation cost estimate based upon those specifications. Such cost estimate may include a contingency for construction change orders of up to 15% for rehabilitation and up to 5% for new construction. c. For a property that has met the requirements above, the total obligation amount will include the per-unit or prorated estimates of soft costs, developer fee and selling costs based on the cost assumptions d. No funds are obligated until the CITY has completed environmental review and approval of the project as contained in Section VIII, and has obtained the release the funds. e. DEVELOPER must report fund obligations and expenditures on a monthly basis or when requests for reimbursements are made, whichever occurs sooner. 3. Project Expenditure Deadlines – All project activities and all expenditures of NSP funds must be completed by August 31, 2012. 4. The DEVELOPER expressly agrees to complete all work required by this agreement in accordance with the timetable as provided above. a. If DEVELOPER fails to obligate or expend NSP funds as indicated in this agreement, CITY in its sole discretion may recapture a portion or all of the DEVELOPER’s total NSP funding allocation. b. Changes to the timetable may be approved by the CITY, in the event the DEVELOPER is unable to meet the above deadlines or complete the above services because of delays resulting from natural disasters, inclement weather, untimely review and approval by the CITY and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the DEVELOPER, the CITY shall grant a reasonable extension of time for completion of the Project. It shall be the responsibility of the DEVELOPER to notify the CITY promptly in writing whenever a delay is 5
  • 75. anticipated or experienced, and to inform the CITY of all facts and details related to the delay. However, CITY may not provide extensions beyond deadlines imposed by HUD and the Texas Department of Housing and Community Affairs. 5. Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth in this agreement.E. Sale to Buyers – All units acquired under this agreement shall be sold to eligible buyers in accordance with the provisions of this section. 1. Eligible Buyers – Eligible homebuyers must be determined to be income-eligible in compliance with the limit checked below. Middle Income – less than 120% of Area Median __1_____ Income properties Moderate Income – less than 80% of Area Median ________ Income properties Low Income – less than 50% of Area Median __ 1_____ Income properties 2. Owner Occupancy – All NSP assisted properties must be conveyed to owner occupied buyers. 3. Sales Price – Sales prices must be in compliance with the price limits set by TDHCA and the sales price of each property must be approved by CITY. 4. Income Certification and Documentation – Every purchaser shall be determined to be eligible according to the requirements at 24 CFR 570.5. DEVELOPER is responsible for performing Income Certifications. 5. NSP Financing to Buyers – All buyers must obtain a first mortgage from a mortgage lender who agrees to comply with the bank regulators guidance for non-traditional mortgages OR for buyers meeting the Low Income Set aside requirement, the Texas Department of Housing and Community Affairs (TDHCA) NSP first mortgage program. To further increases the affordability of the home purchase, the Buyer may receive a maximum of $30,000 soft second mortgage under the TDHCA second mortgage program from the NSP Funds awarded under this agreement. These funds are not included in the amount of funding provided under this agreement. The terms of this assistance are as follows: a. Amount – The amount of the NSP buyer financing shall be: The gap between the approved sales price and buyer funds from the first mortgage and down payment of $500 minimum AND TDHCA Second mortgage not less than $1,000 and not to exceed $30,000. The amount of the second mortgage shall ultimately be determined by TDHCA. 6
  • 76. AND Any third mortgage assistance provided by the CITY from HOME funds or other similar mechanism. b. Affordability Period – The term shall be set by TDHCA. c. Resale During Affordability Period – If the buyer sells prior to the end of the affordability period, the following restriction applies: NSP funds will be recaptured by the CITY/TDHCA out of the net proceeds of the sale according to the formula contained in the NSP recapture note and mortgage d. Buyer Note & Mortgage – All NSP-assisted properties are subject to ongoing TDHCA compliance requirements for 10 years from the date of initial occupancy. Upon sale of an NSP-funded home, DEVELOPER will cause the homebuyer(s) to execute a promissory note and mortgage deed in favor of CITY as mortgagee for the combined amount of the mortgage assistance and down payment assistance as defined herein. i. The note and mortgage documents must be approved by CITY prior to their being executed by the homebuyer(s). ii. After each closing occurs, DEVELOPER will provide the recorded note and mortgage to CITY. e. Limitation on Down Payment Assistance – No buyer may receive more than 50% of the down payment amount as down payment assistance from NSP funds. No buyer may receive additional NSP assistance from programs or sources other than this agreement without the express consent of the CITY based on a determination that the additional assistance does not constitute double dipping and that the amount of additional funds invested are limited to the amount necessary for a qualified NSP buyer to purchase an affordable owner occupied home. 6. Net Proceeds of Sale – Upon sale of an NSP-funded home, from the net proceeds of the sale after payment of all closing costs and approved developer fees, DEVELOPER will repay CITY the total amount of NSP funds advanced, minus the following amounts: a. The amount of any development subsidy approved by CITY and limited by NSP guidelines. III. Project RequirementsThe DEVELOPER agrees to comply with all requirements of the NSP Program as stated in theNSP Notice and CDBG regulations, including but not limited to the following:A. NSP Eligible Use, CDBG National Objective and Eligible Activities – The DEVELOPER will ensure and document that its NSP activities meet LMMI national objective, eligible use, 7
  • 77. allowable cost, and eligible activity requirements of the NSP Notices & CDBG Regulations. The DEVELOPER will ensure that any expenditure of NSP funds will be in compliance with the requirements, and acknowledges that NSP funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed.B. Property Acquisition 1. Eligible properties – HERA and NSP limits the properties that are eligible for assistance to certain locations and types of properties (depending on the Eligible Use.) Eligible property types and locations are listed in Exhibit A. 2. Prohibition against eminent domain – The DEVELOPER will not undertake any involuntary acquisition of property with NSP funds without prior written consent of the Lead Applicant and written opinion of counsel that such acquisition is lawful. 3. Appraisal – Appraisals funded with NSP funds are required for all foreclosed properties. Exceptions to this requirement may be approved by the CITY. a. NSP1 requires appraisals to be performed with respect to the NSP funded acquisition of foreclosed upon homes and residential properties, even though they may be considered voluntary under the URA. The CITY further requires an appraisal for all NSP-assisted acquisitions of property to ensure cost reasonableness. b. The URA appraisal requirements of 49 CFR 24.103 must be met. For acquisitions which meet the applicable voluntary acquisition requirements of 49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed in writing of what it believes to be the market value of the property, and that the DEVELOPER will not acquire the property if negotiations fail to result in a an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)). c. The appraisal must have been completed within 60 days of the offer made for the property (an initial offer can be made, subject to the completion of the appraisal within 60 days of a final offer). 4. Occupied properties – DEVELOPER agrees not to acquire any occupied properties. 5. Purchase Discounts – HERA requires all NSP-assisted acquisitions of foreclosed property to be at a discount from the current market appraised value of the property, taking into account its current condition, and such discount shall ensure that the DEVELOPER is paying below-market value for the home or property. A minimum discount of 1 percent less than current market appraised value for each property purchased with NSP funds is required for all acquisitions funded with NSP. The address, appraised value, purchase offer amount, and discount amount of each foreclosed property purchase must be documented in the DEVELOPER’s records.C. Demolition – The DEVELOPER will use NSP funds to demolish major or convert units from non-residential uses only with the prior written permission of CITY. Permission for demolition of minor structures such as porches, sheds and garages shall be deemed to have been granted when CITY approves the plans and specifications (which may also be called work write-ups) for a particular property proposed by DEVELOPER.D. Construction/rehabilitation – For any construction or rehabilitation in this project, DEVELOPER will comply with the provisions of Section VII. If this project involves the construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall comply with the provisions of the Davis-Bacon Act and regulations (29 CFR, Part 5), as 8
  • 78. amended. If the building or commonly owned development (e.g. condo or townhouse) has 8 or more units, Davis Bacon is applicable, even if NSP funds only treat one unit.E. Property Standards – The DEVELOPER will carry out all NSP-assisted activities in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes and properties. 1. Rehabilitation Standards – DEVELOPER will carry out all NSP-assisted rehabilitation of a foreclosed-upon home or residential property in compliance with the rehabilitation standards in the CITY’s NSP substantial amendment, and in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. 2. Lead-based paint – The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead- based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 3. Accessibility – The DEVELOPER shall work with any home buying household that includes a person with disabilities to provide accessibility modifications required under the policy of reasonable accommodations and reasonable modifications. All such modifications shall be considered to be eligible NSP costs under this agreement.F. Maximum Sales Price – Approved sales prices are listed in Exhibit A. Changes to the prices must be approved by the CITY. However, in no event shall the sales price exceed the amount permitted by the NSP requirements listed below: 1. If an abandoned or foreclosed upon home or residential property is to be sold to an individual as a primary residence, no profit may be earned on such sale. 2. HERA Section 2301(d)(2) directs that the sale of such property shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. 3. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sale of property) and cannot exceed the appraised value at the time of sale. 4. In determining the sales price, the CITY will NOT consider the costs of boarding up, lawn mowing, maintaining the property in a static condition, or, in the absence of NSP-assisted rehabilitation or redevelopment, the costs of completing a sales transaction or other disposition to be redevelopment or rehabilitation costs. 9
  • 79. G. Sale and Occupancy – All of the funds made available under this Agreement shall be used with respect to. 1. Marketing and Selection – In the marketing, intake and selection of buyers for PROJECT units, the DEVELOPER shall comply with non-discrimination and fair housing requirements listed in Section VIII. DEVELOPER shall develop and provide to CITY for their approval, a Marketing and Buyer Selection Plan in accordance with Federal Affirmative Fair Marketing and Fair Housing requirements. 2. Buyer Qualification – All buyers of NSP-assisted units shall be individuals and families whose incomes do not exceed 120% of area median income (referred to as “low-, moderate- and middle-income”, or LMMI), unless lower income limits are specified in Exhibit A. DEVELOPER shall verify and document income eligibility of all buyers in compliance with 570.203(a) definition of “Income.” a. Low-Income Set-Aside–DEVELOPER must construct 1 unit identified in Exhibit A of this Agreement to create permanent housing for households with incomes at or below 50% of area median. The DEVELOPER may choose to expend more than the set-aside amount from NSP funds allocated, but within the total NSP award covered by this agreement, and doing so will not require an amendment to this Agreement. 3. Counseling Requirement – Each NSP-assisted homebuyer is required to complete at least eight hours of homebuyer counseling from a HUD-approved housing counseling agency or a counselor approved by the CITY. DEVELOPER is responsible for coordination of this activity by the CITY approved 3rd Party. 4. First Mortgage – DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators’ guidance for non- traditional mortgages. DEVELOPERS are cautioned against providing or permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 5. Affordability Period – All NSP-assisted units must adhere to the affordability provisions as listed in Exhibit A, which is based upon the total amount of NSP funds provided per unit. a. Affordability periods must be enforced utilizing a mortgage, promissory note and, where applicable, deed restriction. b. The Affordability Period is a minimum standard, and DEVELOPER or CITY may propose a longer Affordability Period. 6. NSP Note and Mortgage – TDCHA shall prepare and provide the NSP second mortgage to the CITY and DEVELOPER prior to closing. The recording of the Second mortgage shall be at the Developer’s expense. 7. Other mortgages- At CITY’s option, a third mortgage and note may be executed between the BUYER and CITY to enable the property to be affordable. CITY will prepare and provide the note and mortgage and record at CITY’s expense.H. Project Monitoring and Recordkeeping – The DEVELOPER will be monitored by the CITY for compliance with the NSP requirements and the applicable CDBG regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to project files as requested by the CITY during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as required under Section IX of this Agreement. 10
  • 80. I. Insurance - At time of acquisition and until property is sold to an eligible buyer, DEVELOPER must obtain and maintain property and casualty insurance in an amount sufficient to protect CITY’s interest in the property, and ensuring the full replacement cost of the Subject Properties. This insurance is to be furnished through a company of the Developer’s choice with a rating of at least “A-“by Standard and Poor’s Insurance Solvency Review and/or at least “A,XI” by Best’s Insurance Guide with the City of San Angelo listed as a mortgagee and not as coinsured. If the City, at its sole discretion deems the Mortgaged property to be a risk for special hazards, the City may require additional coverage. DEVELOPER must also obtain and maintain Commercial General Liability insurance in the minimum amount of $1,000,000 or other such amount as the CITY may require, with the City of San Angelo listed as an additional insured. DEVELOPER must also maintain or cause to be maintained by its General Contractor during any and all times improvements on the subject properties are under construction, Commercial General Liability insurance with the City listed as additional insured. The Developer and/or the General Contractor shall carry builder’s risk insurance on any improvements, repairs, or renovations projects in the amount of the completed value of the property. Further, if any Subject property is zoned for a legal but nonconforming use, DEVELOPER must also obtain and maintain building ordinance coverage for the [i] loss of improvements because of forced removal based on zoning violations [ii] related demolition costs and iii] increased costs of construction which is attributable to enforcement of zoning requirements. This additional coverage may be obtained by endorsement to existing property insurance policies. Certificates of Insurance shall be provided annually and upon acquisition of any NSP assisted properties to the City of San Angelo Risk Management Department.J. Title Insurance- DEVELOPER must provide CITY with an Interim Construction Binder or Mortgagee’s policy of title insurance as applicable, for each property (from a title insurer acceptable to the CITY) issued on a standard form promulgated by the Texas Department of Insurance, in the Loan Amount, showing the CITY (OR TDCHA) to be in first lien position. At closing the DEVELOPER must be prepared to provide the CITY (or TDHCA) with said Binder/Mortgagee Policy with only such exceptions to title on Schedule B as acceptable to the City (or TDHCA). The City or TDCHA shall require the standard “survey deletion”, deletion of the “arbitration Clause” and an Environmental Endorsement.K. Survey- DEVELOPER agrees to provide the CITY at the DEVELOPER’s expense, a current survey of each property and at completion, a final survey showing any improvements. The survey must be a Class 1A urban survey and/or a Class 1A “as built” survey and must be accompanied by a description of the Property and a surveyors certificate, both of which must be acceptable to the CITY and TDCHA and the title company. The survey must be sufficient to allow the title company to amend the title policy survey exception to provide for “shortages in area only”. The survey must also show whether any portion of the Property is located within a designated 100 year flood plain. The survey must show no encroachments. The survey must be certified to the CITY, TDHCA, DEVELOPER and the title company.L. Appraisal- DEVELOPER agrees to provide the CITY, at DEVELOPER’s expense, a full appraisal of the fair market value of each Property prepared by a state certified appraisal meeting all requirements defined in Section 1, item 4 above. The appraisal must be completed within 60 days of the DEVELOPER’s final offer. 11
  • 81. M. Taxes – All ad valorem taxes, along with any special assessments must be paid in full at time of acquisition at DEVELOPER’s expense. DEVELOPER is responsible for ensuring all taxes remain current up to time of Disposition/sale to eligible buyer. IV. CITY ResponsibilitiesA. The CITY shall furnish the DEVELOPER with information regarding requirements for the project, including any changes in NSP regulations or program limits that affect the project, including but not limited to income limits.B. Environmental Review – CITY will complete environmental assessments and provide clearances for all NSP target areas, as well as approvals of site-specific environmental reviews. DEVELOPER will provide all information required by CITY.C. Property Approval – CITY will provide prompt approval of any property selected by DEVELOPER, with all required documentation for approval. Failure to provide all required information will result in a delay in approval. Approval can only be provided on completion of environmental review.D. Homebuyer Counseling – CITY will contract with one or more agencies that are qualified to provide pre-purchase counseling and homebuyer education to prospective homebuyers, and will notify DEVELOPER of approved counselors so that the DEVELOPER can refer buyers. DEVELOPER is responsible for coordination of homebuyer education with prospective buyers.E. Inspections – The CITY will conduct progress inspections of work completed and review of project files and information to protect its interests as lender and regulatory authority for the project, and will provide information to the DEVELOPER regarding any progress inspections or monitoring to assist it in ensuring compliance. The CITY’s review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and NSP requirements, and all CITY regulations and ordinances.F. Disbursements – CITY will manage all draws of NSP funds from TDCHA and payment of valid and properly documented draw requests from DEVELOPER. The CITY will disburse funds as provided in Section IV of this Agreement. CITY will process requests for disbursements of NSP funds, including necessary construction inspections, in a timely manner. CITY will clearly and promptly describe any deficiencies identified by CITY that prevent a disbursement or portion of a disbursement from being approved.G. Reporting – CITY will report NSP obligations and expenditures to TDCHA.H. Monitoring – CITY will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP requirements.I. Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided under this Agreement. 12
  • 82. V. Disbursement of FundsA. Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget.B. Requests for payment must be submitted by the DEVELOPER on forms specified by the CITY, with adequate and proper documentation of eligible costs incurred in compliance with NSP and CDBG rules. The DEVELOPER agrees to submit requests for payment in a timely manner in the form and times directed by the CITY.C. The CITY will pay to the DEVELOPER funds available under this Agreement based upon information submitted by the DEVELOPER and consistent with any approved budget and CITY policy concerning payments. Payments will be made for eligible NSP related expenses actually incurred by the DEVELOPER, and will not exceed actual cash requirements. Payments will be adjusted by the CITY in accordance with advance fund and program income balances available in DEVELOPER accounts. In addition, the CITY reserves the right to liquidate funds available under this contract for costs incurred by the CITY on behalf of the DEVELOPER.D. Funds will be requested for draw from TDHCA within 3 business days of payment request and submission of CITY approved supporting documents by the DEVELOPER. CITY will reimburse DEVELOPER within 3 business days of receipt of approved funds from TDHCA.E. The NSP funds advanced to the Project will be secured by a note, mortgage and Deed Restriction on the property, which shall be released upon sale to an eligible buyer.F. The CITY reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The CITY also reserves the right to hold payment until adequate documentation has been provided and reviewed.G. The DEVELOPER may submit a final invoice upon completion. Final payment shall be made after the CITY has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with NSP regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions.H. The CITY shall pay the DEVELOPER, as maximum compensation or FEE for the developer services as provided in NSP guidelines and approved by TDHCA and the CITY. If multiple projects or buildings are involved, the developer fee may be pro-rated to each building or project, and the applicable percentage may be applied to each.I. The DEVELOPER shall report to CITY at time of sale any net proceeds of sales, after the payment of all closing costs and approved developer fee, under this contract, and The DEVELOPER shall return the net proceeds of each sale to the CITY at each closing. VI. Repayment of Funds and DispositionA. All NSP funds are subject to repayment in the event the PROJECT does not meet the Project Requirements and Other Requirements as outlined in this Agreement, including deadlines.B. It is understood that, upon the completion of the PROJECT, any NSP funds obligated but 13
  • 83. not expended under this agreement will revert to the CITY.C. All net sales proceeds after payment of all development and closing costs, including developer fee, shall be returned to the CITY.D. No less than three weeks prior to each closing or sale to an eligible buyer, the DEVELOPER will provide to the CITY a reconciliation of all Project funds and an estimated settlement statement (HUD 1).The reconciliation statement shall account for all NSP project funds to the individual unit, a copy of the First Mortgage or TDHCA Mortgage commitment letter, any Second or Third mortgage commitment letters, a copy of the buyers Appraisal, the amount of developer fee and the amount of net sales proceeds to be returned to the CITY. VII. Contracting, Labor & Hiring ProvisionsDuring the performance of this contract, the DEVELOPER agrees as follows:A. DEVELOPER will comply with all rules and regulations of Title VI of the Civil Rights Act of 1964 (42 USC Section 20003 et seq), 24 CFR Part 1 “Nondiscrimination in Federally Assisted programs of the Department of Housing Urban Development- Effectuation of Title VI of the Civil Rights Act of 1964” , Title VIII of the Civil Rights Act of 1968 “The Fair Housing Act of 1968” (42 USC Sec 3601 et seq)as amended, Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended, Executive Order 11063 , as amended by Executive Order 1125A9 and 24 CFR Part 107 “Non discrimination and Equal Housing Opportunity in Housing under Executive Order 11063”, the Age Discrimination Act of 1975 (42 USC Sec. 6101 et seq) the Americans with Disabilities Act of 1990 as amended March 15, 2011, Section 504 of the Rehabilitation Act of 1973 (29 USC Sec. 794) and “Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development” 24 CFR Part 8.B. The DEVELOPER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The DEVELOPER will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the CITY setting forth the provisions of this nondiscrimination clause.C. The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.D. The DEVELOPER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.E. The DEVELOPER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts 14
  • 84. by the CITY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. 1. In the event the DEVELOPER is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the DEVELOPER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law.F. The DEVELOPER shall conduct all contracting and purchases with NSP funds to ensure that materials and services are obtained in a cost-effective manner. The DEVELOPER will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the DEVELOPER becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the CITY, the DEVELOPER may request the United States to enter into such litigation to protect the interest of the United States.G. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.H. The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.I. The DEVELOPER agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The DEVELOPER shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.J. The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group developers or women. The DEVELOPER may rely on written representations by businesses regarding their status as minority and women-owned business enterprises in lieu of an independent investigation. 15
  • 85. K. The DEVELOPER agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the DEVELOPER of its obligation, if any, to require payment of the higher wage. The DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The DEVELOPER shall comply with the provisions of the Copeland Anti-Kick-Back Act (18 U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3), as amended.L. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the DEVELOPER and any of the DEVELOPER’s contractors and subcontractors. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1. The DEVELOPER further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” 2. The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 16
  • 86. 3. The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this Section in every non-exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. 4. The DEVELOPER agrees to comply with Executive Order 13279 of December 12, 2002- Equal protection of the Laws for Faith Based and Community Organizations (67-FR 77141). VIII. Compliance with Other Federal, State & Local LawsA. The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto.B. Environmental review – All NSP assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR Part 58. 1. No NSP project funds will be advanced, and no costs can be incurred, until the CITY has conducted an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the CITY of a release of funds from the U.S. Department of Housing and Urban Development [or the State of Texas under 24 CFR Part 58. 2. Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. 3. A copy of the Environmental Review Record shall be maintained by both the DEVELOPER and the CITY.C. Flood Disaster Protection – In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation.)D. Historic Preservation – The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 17
  • 87. E. Relocation – The DEVELOPER agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 – Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 – Displacement, relocation acquisition, and replacement of housing, as may be amended by the NSP NOFA. The DEVELOPER also agrees to comply with applicable CITY or local ordinances, resolutions and policies concerning the displacement of persons. 1. To meet these requirements, the owner of record must be notified in writing that Federal financial assistance will be used in the transaction and that if agreement cannot be reached through negotiation, that the acquisition will not take place. There are specific URA voluntary acquisition requirements that must be met depending on whether or not the buyer has the power of eminent domain and will not use it (see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat of eminent domain cannot be considered a “voluntary acquisition” (even if the seller is willing to negotiate). 2. The relocation provisions of the Uniform Relocation Act apply to NSP funds. An unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP-funded acquisition will not be entitled to relocation assistance and payments. However, a lawful occupant displaced for an NSP-funded acquisition will generally be eligible for relocation assistance and payments under URA. The DEVELOPER shall provide appropriate relocation assistance (URA or Section 104(d)) to eligible displaced persons as defined by applicable HUD and/or URA regulations that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for an NSP- assisted project.F. The DEVELOPER agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).G. The DEVELOPER agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. The DEVELOPER is prohibited from using funds provided herein or personnel employed in the administration of the program for inherently religious activities, lobbying, political patronage, and nepotism activities.H. Conflict of Interest – The provisions of 24 CFR 570.611, apply to the award of any contracts under the agreement and the selection of buyers for NSP-assisted units. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any benefit herefrom. No member, officer or employee of the CITY; or its designees, or agents; or member of the CITY Council of the CITY; and no other public official of the CITY who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. Exceptions must be requested by the DEVELOPER and the CITY may grant exceptions as permitted by Regulation. 18
  • 88. IX. Reporting, Monitoring & Access to RecordsA. The DEVELOPER agrees to submit any and all reports required by HUD or the CITY.B. The DEVELOPER shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with NSP requirements.C. The DEVELOPER agrees to provide the CITY access to records and projects at any time during project implementation or for five years after project closeout for purposes of verifying compliance with NSP requirements and this agreement. Access shall be immediately granted to the CITY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the DEVELOPER or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.D. The CITY reserves the right to audit the records of the DEVELOPER any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required by A-133, the DEVELOPER will provide the CITY with a certified audit of the DEVELOPER’s records representing the Fiscal Year during which the PROJECT becomes complete.E. Project Closeout – The DEVELOPER’s obligation to the CITY shall not end until all close- out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, accounting for use of funds, provision of all reports and records required by the CITY. X. Suspension & TerminationIn accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPERmaterially fails to comply with any term of the award, and that the award may be terminatedfor convenience in accordance with 24 CFR 85.44.A. If the DEVELOPER fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in this agreement, the DEVELOPER shall be in default and notice in writing shall be given to the DEVELOPER of such default by the CITY or an agent of the CITY. If the DEVELOPER fails to cure such default within such time as may be required by such notice, the CITY, acting by and through the Agent, may at its option terminate and cancel the contract. 1. In the event of such termination, all funds awarded to the DEVELOPER pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the DEVELOPER will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. 2. In such event, the DEVELOPER shall be entitled to receive just and equitable 19
  • 89. compensation for any work satisfactorily completed hereunder to the date of said termination. 3. Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the contract by the DEVELOPER and the CITY may withhold any payments to the DEVELOPER for the purpose of setoff until such time as the exact amount of damages due the CITY from the DEVELOPER is determined whether by court of competent jurisdiction or otherwise. 4. Such termination shall not effect or terminate any of the rights of the CITY as against the DEVELOPER then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the CITY under the law and the note and mortgage (if in effect), including but not limited to compelling the DEVELOPER to complete the project in accordance with the terms of this agreement, in a court of equity. 5. The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof.B. The CITY may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by the CITY, as provided herein, the CITY will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the DEVELOPER will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Claims and disputes between the parties will be submitted to the American Arbitration Association for resolution. Award or judgment may be entered in any court having jurisdiction thereof. XI. General ConditionsA. All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY DEVELOPER Neighborhood Services Galilee Community Development Corp. Bob Salas, Director Manuel Campos, President 52 W. College 1404 S. Oakes San Angelo, TX 76903 San Angelo, TX 76903 Phone: (325) 655-0824 Phone: (325) 655-6700 Facsimile: (325) 481-2628 Facsimile: (325) 486-9401 20
  • 90. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule.D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing.E. The CITY’s failure to act with respect to a breach by the DEVELOPER does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.F. The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Texas.G. Should any provisions, paragraphs, sentences, words or phrases 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, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, 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.H. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless CITY shall first consent to the performance or assignment of such service or any part thereof by another person or agency.I. The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns.J. DEVELOPER shall indemnify and save CITY harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of DEVELOPER’s activities under this Agreement, including all other acts or omissions to act on the part of DEVELOPER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof.K. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. 21
  • 91. XII. Miscellaneous Provisions:A. The DEVELOPER shall comply, and shall require its contractors, subcontractors, agents, employees, and volunteers to comply, with all applicable federal, state, and local laws, ordinances, and regulations, whether or not specified in this Agreement, in the use of the NSP funds and performance under this Agreement. Any reference in this Agreement to a statute or regulation includes any future amendments thereto, any replacement thereof, and any corresponding provision of future laws or regulations.B. The DEVELOPER is an independent contractor with respect to the City and is not an officer, agent, servant, partner, or employee of the City. To the extent consistent with the terms of this Agreement, the DEVELOPER (and not the City) shall have exclusive control of, and the exclusive right to control, the details of the work and services performed under this Agreement, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, directors, agents, servants, employees, contractors, subcontractors, program participants, licensees, invitees, and volunteers. The doctrine of respondent superior shall not apply as between the City and the DEVELOPER, its officers, directors, agents, servants, employees, contractors, subcontractors, program participants, licensees, invitees, and volunteers, and nothing in this Agreement shall be construed as creating a partnership or joint enterprise between City and the DEVELOPER. Neither the DEVELOPER nor any of its officers, directors, agents, servants, employees, contractors, subcontractors, program participants, licensees, invitees, or volunteers is in the paid service or employment of the City.C. The DEVELOPER shall not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the City. Any attempted assignment of same without approval shall be void and shall constitute a breach of this Agreement. The City has the right to inspect and approve in writing any proposed contracts between the DEVELOPER and any contractor or subcontractor engaged in any activity in conjunction with the Housing or the use of the NSP funds prior to any charges being incurred.D. Approval by the City of plans, reimbursement applications, or other documents or activities shall not constitute any endorsement of, and the City shall have no liability for, any aspect of the Housing or the construction thereof, or the operation of the DEVELOPER, including the design and cost of the Housing or adequacy of the plans, specifications, or bids; the DEVELOPER shall be solely responsible for them. Moreover, any such approval shall not relieve the DEVELOPER of any past, present, or future obligations to meet the requirements and obligations of the NSP Program, implementing legislation, governing regulations or Federal Cross –Cutting Regulations, or this Agreement; shall not constitute a representation by City that the DEVELOPER has complied with those requirements or obligations; and shall not constitute a waiver of any such requirements or obligations.E. Service of all notices under this Agreement will be sufficient if given personally, by registered or certified mail, return receipt requested, and mailed to the party involved at the address and to the attention of the person set forth below, or to such other person or address as said party may provide in wiring from time to time. 22
  • 92. F. Any such notice mailed to such address will be effective upon the date received as shown by the returned receipt or otherwise. RECIPIENT DEVELOPER Neighborhood Services Galilee Community Development Corp. Bob Salas, Director Manuel Campos, President 52 W. College 1404 S. Oakes San Angelo, TX 76903 San Angelo, TX 76903 Phone: (325) 655-0824 Phone: (325) 655-6700 Facsimile: (325) 481-2628 Facsimile: (325) 486-9401In Witness Whereof, the City and Galilee have executed this Agreement as dated below.THE CITY OF SAN ANGELO SUBRECIPIENTBy: By: MICHAEL DANE, MANUEL CAMPOS, INTERIM CITY MANAGER PRESIDENTAttest: Attest:Alicia Ramirez, City Clerk Martha Avila, SecretaryDate DateIN WITNESS WHEREOF,The CITY of __________________ and the DEVELOPER have caused their signatures to behereunto affixed and duly attested _____________________________ _____________________________ CITY _____________________________ _____________________________ DEVELOPER 23
  • 93. Exhibit A.Target Areas: List NSP eligible Census tractsSubject Property Address: 1. 405 E. 11th St. 2. 407 E. 11th St.Total number of newly constructed units: 2 single family homes, 1,062 square feet, 3 bedrooms, 2 baths, and carportPrior to purchasing lots, developer must provide to City: • Appraisal • Sales contract • Title search • Zoning conformance • Evidence of foreclosure1 property(s) to be sold to buyers under 120% of AMI1 property(s) to be sold to buyers under 50% AMIEligible uses of funds (cannot exceed budgeted amount in body of agreement without CITY approval) Site acquisition and associated costs Hard and soft construction costs Post construction property maintenance Marketing Property disposition costs Developer feeEstimated Sales price $95,267 (Developer to provide accounting of NSP eligible total development costsand post construction appraisal prior to setting final sales price)Net sales proceeds to be returned to CITYDown payment assistance up to $30,000 provided by TDHCA under Recapture 10 years. Amount ofassistance determined by TDHCA according to need.CITY to provide additional HOME down payment assistance not to exceed $12,000 under Recapture for5 years as needed.Developer to coordinate HUD certified 8 hour Homebuyer education for borrowers.Developer to locate, income certify and prequalify buyers and deliver to CITY.Developer to coordinate NSP eligible mortgage financing for buyers over 50% of AMIDeveloper to work with CITY to coordinate TDHCA financing for buyers under 50% AMIDeveloper to provide marketing plan and homebuyer selection guidelines to CITY upon execution ofAgreement. 24
  • 94. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) DEVELOPER AGREEMENT SINGLE FAMILY HOMESAPPROVED AS TO CONTENT: APPROVED AS TO FORM:ROBERT SALAS, Director of Neighborhood DAN T. SALURI, Sr. Assistant City & Family Services AttorneyAPPROVED AS TO INSURANCE:JOHN SEATON, Risk Manager 25
  • 95. City of San Angelo Civic Events DivisionMemo Date: May 16, 2012 To: Mayor and Councilmembers From: Anthony Wilson, Civic Events Manager Subject: Agenda Item for June 19, 2012, Council Meeting Contact: Anthony Wilson, Civic Events Manager, 234-0014 Caption: Consent Item Consideration of approving a recommendation from the selection committee to award RFP CE-02-12/Ticket Outlet to Barbed Wire & Roses and to Pinkie’s Liquor Store, and authorizing the Interim City Manager to execute a contract with the recommended vendors. The City issued a request for proposals to operate a ticket outlet after losing one of its outlets earlier this year. Of the four respondents, two offered a superb mix of Summary: high-visibility locations, impressive foot traffic, extended business hours, top-notch customer service, and marketing potential. The selection committee was so impressed, it is recommending that outlets be awarded to both locations – Barbed Wire & Roses in Sunset Mall and Pinkie’s Liquor Store at 1415 S. Bryant Blvd. History: Elite Physique decided earlier this year that it no longer wished to serve as a City ticket outlet. In seeking to fill that vacancy, the City issued RFP CE-02-12/Ticket Outlet, and received four responses: from Barbed Wire & Roses in Sunset Mall, Bug Express at 2210 Austin St., Mahon’s at 2214 W. Beauregard Ave., and Pinkie’s Liquor Store at 1415 S. Bryant Blvd. The responses were graded on three categories: location, hours of operation, foot traffic (45 points); proposal for operating the outlet and customer service (45 points), and marketing potential (10 points). The proposals were graded by a selection committee comprised of Gray Mundell, Civic Events Advisory Board member; Anthony Wilson, Civic Events Manager; Carl White, Parks and Recreation Director; Don Maynard, Parks and Recreation Business Analyst; and Becky Conally, Sr. Event Services Representative and our box office manager. Of a possible 500 total points, Barbed Wire & Roses scored 480, Pinkie’s 476, Mahon’s 335, and Bug Express 287. Based largely upon locations, foot traffic, hours of operation and staffing, the selection committee chose to interview the owners of Barbed Wire & Roses and of Pinkie’s. Committee members were so impressed by the interviews, they gave both prospects the maximum score of 500 and agreed to recommend that outlets be awarded to both businesses. Mr. Mundell called the decision to award outlets to both Barbed Wire & Roses and to Pinkie’s a “no-brainer.” Because Civic Events has a limited inventory of ticketing equipment, this will be accomplished by relocating the City’s lowest-performing outlet – at the offices of the San Angelo Stock Show and Rodeo Association – to one of the new locations. The SASSRA agrees with the move; it will continue to sell tickets from the Coliseum box office during rodeo season. Financial Impact: There is no expense for the City. While the City’s agreement with its outlets pays outlets 25 cents of the $1.50 facility use fee for each ticket it sells, that is a cost borne by event promoters. Civic Events will continue to use its existing inventory
  • 96. of ticketing equipment, meaning there will be no additional capital investment. Because these outlets are such attractive locations, they could well yield more ticket sales that would generate more revenue for Civic Events.Related Vision Item N/A(if applicable):Other Information/ The selection committee and staff recommend approving Barbed Wire & RosesRecommendation: and Pinkie’s Liquor Store as City ticket outlets, and authorizing the Interim City Manager to execute the outlet contract – drafted by the Legal Department in conjunction with the RFP process – with the recommended vendors. If approved, staff intends to begin working immediately to establish the new outlets.Attachments: RFP CE-02-12/Ticket Outlet Barbed Wire & Roses proposal Pinkie’s Liquor Store proposal RFP scoring sheets for written proposals and interviews Justification memo to Purchasing Division Barbed Wire & Roses contract Pinkie’s contractPresentation: N/APublication: N/AReviewed by Carl White, Parks and Recreation Director, 234-1724Director:Approved by Legal: Yes
  • 97. City of San Angelo Civic Events DivisionMemo To: Roger Banks, Purchasing Manager From: Anthony Wilson, Civic Events Manager Date: July 13, 2012 Re: RFP CE-02-12/Ticket Outlet The five-member selection committee for RFP CE-02-12 will recommend to the City Council that ticket outlets be placed with two of the respondents: Barbed Wire & Roses in Sunset Mall and Pinkie’s Liquor Store at 1415 S. Bryant Blvd. The committee reached this recommendation after first grading and ranking each of the four proposals received. That process resulted in Barbed Wire & Roses receiving a score of 480 (out of a possible 500 points), Pinkie’s scoring 476, Mahon’s 335, and Bug Express 287. The committee’s justifications for each score are as follows: • Barbed Wire & Roses: Located in the city’s busiest retail center, Sunset Mall, which has an estimated 5.5 million visitors per year. Open seven days per week with extended business hours each day. Great marketing potential with the most active Facebook page among the applicants, and an ability and willingness to post event materials in the Mall. • Pinkie’s: Great location on one of San Angelo’s busiest thoroughfares. Tallied 145,000 transactions in 2011, indicating heavy foot traffic. Excellent reputation for superior customer service. Long operational hours six days per week. Willingness to post event materials in its Sherwood Way store, also a heavy-traffic retailer. • Mahon’s: No info on foot traffic. Good hours of operation, but its location is off the beaten path, which limits marketing potential. No Facebook page, and no mention of marketing in its proposal. Very small staff, which could prevent adequate manning of the outlet. • Bug Express: Decent location between two major thoroughfares, but is a bit hidden … and it’s a business with virtually no foot traffic. No weekend hours of operation; open only from 8 a.m.-5:30 p.m. weekdays. Proposal mentioned neither how the outlet would be staffed nor how Bug Express would market ticketed events. After grading the written proposals, the committee agreed to interview Barbed Wire & Roses and Pinkie’s on May 16. The committee was thoroughly impressed by each interview … so much so that all five members scored both of the respondents the maximum 500 points. The committee believes Barbed Wire & Roses and Pinkie’s would deliver excellent value to the City – and superior convenience and customer service to ticket buyers. The group will recommend to the City Council at its June 19 meeting that an outlet be placed at each business. 1
  • 98. If you have questions or need further information, please contact me. Thanks for your help throughoutthis process. Page 2
  • 99. CITY OF SAN ANGELOREQUEST FOR PROPOSAL Civic Events Ticket Outlet RFP No; CE-02-12 RFB Submittal Deadline April 25, 2012/2:00 PM, Local Time City of San Angelo P.O. Box 1751 San Angelo, Texas 76902
  • 100. Table of ContentsINTRODUCTION ..................................................................................................................................................... 1 GENERAL......................................................................................................................................................................1 DIGITAL FORMAT ...........................................................................................................................................................1 DISQUALIFICATION .........................................................................................................................................................1 CONFIDENTIALITY ...........................................................................................................................................................1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY .........................................................................................................1 AWARD OF CONTRACT ....................................................................................................................................................1 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................2 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................................................2 PROPOSAL WITHDRAWAL ................................................................................................................................................2 POINTS OF CONTACT ......................................................................................................................................................2INSURANCE REQUIREMENTS ................................................................................................................................. 3DEADLINE AND DELIVERY LOCATION ..................................................................................................................... 3 DEADLINE.....................................................................................................................................................................3 COPIES.........................................................................................................................................................................3 PROPOSAL ENVELOPE/CONTAINER ADDRESSING INSTRUCTIONS ..............................................................................................3 MAILING/SHIPPING ENVELOP/CONTAINER INSTRUCTIONS .....................................................................................................3 DELIVERY ADDRESSES .....................................................................................................................................................3SCOPE OF SERVICES REQUESTED ............................................................................................................................ 9 BACKGROUND INFORMATION ...........................................................................................................................................9PROPOSAL FORMAT............................................................................................................................................. 17 PROPOSAL FORMAT INSTRUCTIONS .................................................................................................................................17 Tab 1 – Business Summary .................................................................................................................................17 Tab 2 – Foot Traffic Data....................................................................................................................................17 Tab 3 – Proposed Ticketing Plan ........................................................................................................................17 Tab 4 - Marketing Assistance Proposal .............................................................................................................17 Tab 5 – All Other Submission Forms ...................................................................................................................17SELECTION PROCESS ............................................................................................................................................ 19SUBMISSION FORMS............................................................................................................................................ 21 BUSINESS SUMMARY ....................................................................................................................................................23 DISCLOSURE OF CERTAIN RELATIONSHIPS..........................................................................................................................25 DEBARMENT AND SUSPENSION CERTIFICATION ..................................................................................................................29 LETTER OF INTEREST .....................................................................................................................................................31 CONTACT INFORMATION FORM ......................................................................................................................................33 i
  • 101. ii
  • 102. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220INTRODUCTION General This document constitutes a Request for Proposal issued by the City of San Angelo for a ticket outlet to sell tickets to events in City venues, including Foster Communications Coliseum, the McNease Convention Center, and the Bill Aylor Sr. Memorial RiverStage. Each proposal shall conform and be responsive to the Request for Proposals (RFP). Proposals shall be reviewed by a selection committee. Based on the information provided, the committee will select the firm it deems best meets the selection criteria and offers the City the “best value.” The City may request an interview of those submitting proposals. All costs associated with the interview process will be the proposer’s responsibility. The City reserves the right to accept or reject any or all proposals, and to waive any informalities or irregularities. Digital Format If Respondent obtained the RFP documents/specifications in digital format in order to prepare a proposal, the RFP must be submitted in hard copy according to the instructions contained in this RFP package. If, in its RFP response, Respondents makes any changes whatsoever to the published RFP specifications, the documents/specifications as published shall control. Furthermore, if an alteration of any kind to the RFP specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. Disqualification Disqualification may occur for any of the following reasons: • The respondent is involved in any litigation against the City of San Angelo. • The respondent is in arrears on any existing contract or has defaulted on a previous contract with the City; • The respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs. Confidentiality All proposals submitted shall remain confidential. However, after award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such. Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined or obtained without charge in the Purchasing Department, Room 204, City Hall, San Angelo, Texas. The Request for Proposal is also available at http://www.sanangelotexas.us, City Departments, Purchasing, and Bidding Opportunities at no cost. Award of Contract The award of the contract shall be made to the responsible offerer whose proposal is deemed to best meet the requirements set forth and “best value,” taking into consideration the relative importance ofRFP: CE-02-12/Ticket Outlet 1
  • 103. evaluation factors set forth in the Request for Proposals in accordance with the Texas Local Government Code, Chapter 252. Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an offer because of its proposal, failure to have made such investigation and examinations will in no way relieve the Respondent from its obligation to comply in every detail with all provisions and requirements. Equal Employment Opportunity Attention of Respondents for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability is required. Proposal Withdrawal Proposal shall be in effect for at least 90 days from the submission date. Points of Contact Roger Banks, Division Manager Anthony Wilson, Civic Events Director Purchasing Division City of San Angelo City of San Angelo P.O. Box 1751 P.O. Box 1751 San Angelo, Texas 76902 San Angelo Texas, 76902-1751 anthony.wilson@sanangelotexas.us Email: roger.banks@sanangelotexas.us Telephone: (325) 653-5328 Telephone: (325) 657-42202 RFP: CE-02-12/Ticket Outlet
  • 104. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220DEADLINE AND DELIVERY LOCATION Deadline Sealed submittals must be received and time stamped by May 25, 2012, 2:00 P.M. Local Time. The clock located in Purchasing will be the official time. Faxed or electronically transmitted RFP submittals will not be accepted It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of method chosen by the respondent for delivery. Proposals not received by the deadline will be rejected as non-responsive. Copies One (1) unbound original, five (5) bound copies, one (1) copy in PDF format on CD or USB drive. Proposal Envelope/Container Addressing Instructions • Proposal Envelope/container should be sealed (glued or taped) • Top Left Hand Corner: Business Name and Address • Lower Left Hand Corner: “RFP: CE-02-12/Ticket Outlet” • If mailing or shipping, place the envelope, in a separate envelope/container. Mailing/Shipping Envelop/Container Instructions • Lower Left Hand Corner: “RFP Enclosed” Delivery Addresses USPS: City of San Angelo Purchasing Department, RFP: CE-02-12/Ticket Outlet P.O. Box 1751 San Angelo, Texas 76902-1751 Delivery Services (FedEx, UPS, etc): City of San Angelo Purchasing Department, RFP: CE-02-12 106 South Chadbourne San Angelo, Texas 76903 Please ensure the delivery envelope/container is marked, “RFP Enclosed”.RFP: CE-02-12/Ticket Outlet 3
  • 105. Intentionally Left Blank4 RFP: CE-02-12/Ticket Outlet
  • 106. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220INSURANCE REQUIREMENTSThe following insurance requirements will be required for the duration of the contract. Failure to maintain therequirements will result in the termination of the contract.Prior to commencement of any work, the successful proposer shall provide a current Certificate of Insurance listingto coverages as per the attached insurance requirements. Certificates of Insurance must be on file with the City’sRisk Management Department. If you have questions regarding insurance coverages, contact Mr. John Seaton,Claims Manager (325) 657-4386.Indicates required coverage1 Indemnification. 1.1 General Indemnification. Contractor agrees to indemnify, defend, and hold City, its councilmembers, 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 to any act of commission, omission, negligence or fault of Contractor, its 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 Contractor to indemnify, defend or hold harmless any indemnified party for the indemnified party’s own gross negligence or willful misconduct. 1.2 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. 1.3 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 agreements between City and Contractor.2 Insurance. 2.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 2.1.1 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.RFP: CE-02-12/Ticket Outlet 5
  • 107. 2.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its councilmembers, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 2.1.3 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 councilmembers, board and commission members, officials, agents, guests, invitees, consultants and employees. 2.1.4 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 coverages 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 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, 72 West College or P.O. Box 1751, San Angelo, Texas 76903. 2.1.5 Sub-Contractors’ Insurance. Contractor shall cause each Sub-Contractor 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 Contractor’s Risk Manager evidencing coverage for each Sub-Contractor and Sub-Sub-Contractor. 2.2 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 coverages as follows with limits not less than those set forth below:TYPES OF COVERAGES 2.2.1 Commercial General Liability. This policy shall be an 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 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, premises/operations, and independent contractors. Coverage shall not be less than: $ 500,000.00 General Aggregate $ 500,000.00 Products- Completed Operations Aggregate $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence6 RFP: CE-02-12/Ticket Outlet
  • 108. “CITY” can also be known as “Lessor”,“CONTRACTOR” can also be known as “Contractor” or “Professional”“CONTRACT” can also be known as “Agreement” or “Contract”“PREMISES” can also be known as “Contracted Premises”RFP: CE-02-12/Ticket Outlet 7
  • 109. Intentionally Left Blank8 RFP: CE-02-12/Ticket Outlet
  • 110. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220SCOPE OF SERVICES REQUESTED Background Information The City of San Angelo’s Civic Events Division manages eight facilities: the pavilions at El Paseo de Santa Angela, the Farmer’s Market pavilions, Pecan Creek Pavilion, the indoor arena at the San Angelo Fairgrounds, the City Auditorium, the Bill Aylor Sr. Memorial RiverStage amphitheatre, the McNease Convention Center and Foster Communications Coliseum. Civic Events routinely rents some of those venues, most notably the Auditorium, RiverStage, Convention Center and Coliseum, for ticketed events. In doing so, the City often sells tickets on behalf of the event promoter. Aside from an online ticketing site and a purchase-by-phone option, Civic Events has established four ticket outlets in San Angelo: the Convention Center at 500 Rio Concho Drive, Blair’s Western Wear at 4230 Sherwood Way, the San Angelo Stock Show and Rodeo Association offices, 200 W. 43rd St., and the Event Center Information, Tickets & Tours Office at Goodfellow Air Force Base. Until recently, the Elite Physique tanning salon at 3109 Knickerbocker Road also served as an outlet. The City is interested in establishing a fifth outlet in a high-traffic retail establishment. Civic Events will provide all the necessary materials for selling tickets, including computer, printers, printer cartridges, along with a change drawer, training and technical support. Civic Events will also pay the outlet 25 cents for each ticket sold, with payments made on a quarterly basis. The prospective outlet must be willing to sell tickets to patrons in a timely, professional and courteous manner whenever it is open for business. Prospective outlets must be open for business on Saturdays and preferably Sundays. The outlet must be willing to have its employees trained to sell tickets and to run daily sales reports to ensure that receipts are reconciled. Civic Events would prefer that the outlet designate one employee as the lead, or “point person,” for ticket sales, though sufficient staff should be trained in order to accommodate customers. Prospective outlets should also be prepared to present a plan for promoting the events for which they are selling tickets to their customers. Likewise, the outlet must allow Civic Events and event promoters to use its name, address and other information about the outlet in the marketing of ticketed events. The prospective outlet chosen to serve as a ticket outlet must sign a ticketing agreement with the City. That agreement will have a five-year term with a five-year option to renew. The agreement will have a mutual termination clause. See draft copy Ticket Outlet AgreementRFP: CE-02-12/Ticket Outlet 9
  • 111. Intentionally Left Blank10 RFP: CE-02-12/Ticket Outlet
  • 112. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220 CITY OF SAN ANGELO, TEXAS MERCHANT TICKET NETWORK AGREEMENT FOR TICKET SALES This Merchant Ticket Network Agreement for Ticket Sales (“Agreement”) isentered into by and between the CITY OF SAN ANGELO, Texas (City) and (MERCHANT), pursuant to which MERCHANTagrees to sell event tickets as a participant in the City Merchant Ticket Network through a remotedesktop computer connection to the City’s ticket server. NOW THEREFORE in consideration of the mutual covenants, terms and conditionscontained in this Agreement, and for other good and valuable consideration, MERCHANT andCity agree as follows:City provides ticketing services for event promoters and facilities through its City MerchantTicket Network and Ticket Network. MERCHANT will sell event tickets at MERCHANT’Sretail location(s) as a participant in the City Merchant Ticket Network pursuant to the followingterms and conditions:1. City Merchant Ticket Network Requirements and Sign Up.In order to become a MERCHANT participating in the City Merchant Ticket Network, theMERCHANT warrants that: a. MERCHANT will maintain its retail location(s) at: known as: . b. MERCHANT’S point person for communication with City staff is: . c. MERCHANT will maintain the following regular business days and hours as a City Merchant Ticket Network participant open to the public for the sale of event tickets: i through (days of the week) from to . (times)RFP: CE-02-12/Ticket Outlet 11
  • 113. ii through (days of the week) from to . (times) iii Except MERCHANT will be closed on: d. MERCHANT will inform City of any change in its regular business days or business hours stated above within 48 hours of the change. City may, in City’s sole discretion, terminate this agreement with MERCHANT upon any reduction in the regular business days or hours of MERCHANT as stated above.2. Term.The term of this Agreement shall be from 12:01 a.m. on the day of , 2012, its effective date, through 12:01 a.m. on day of , 20 , or unless sooner terminated as provided herein.MERCHANT shall have the option to extend the term of this Agreement under the same termsand conditions for an additional five (5) years, provided that MERCHANT is not then in defaultof any term or condition of this Agreement; and, provided that MERCHANT provides City withwritten notice of the exercise of this option not more than one hundred and eighty (180) days andnot less than ninety (90) days before expiration of the term.3. City’s Obligations. a. City will provide a computer, a printer and operating supplies as itemized on Exhibit “A” attached, necessary for the on-site sale of event tickets. Said office equipment and supplies shall be utilized by MERCHANT and MERCHANT’S employees exclusively for event ticket sales made pursuant to this Agreement. The office equipment shall be returned to City in as good a condition as when received, reasonable wear and tear excepted; and supplies not utilized in the performance of this Agreement shall be returned to City, as soon as reasonably practical upon expiration or termination of this Agreement. b. City will provide MERCHANT with One Hundred Dollars ($100.00) cash for use by MERCHANT on site for each site listed above to facilitate cash sales for event tickets. Upon expiration or termination of this Agreement, MERCHANT shall return One Hundred Dollars ($100.00) to City for each listed site. c. City will provide training necessary for MERCHANT staff to utilize equipment and Ticket Network necessary for the sale of event tickets and for the making of sales reports and receipt reconciliations to City relating to event ticket transactions.12 RFP: CE-02-12/Ticket Outlet
  • 114. d. At the direction of the event promoter, City will set the price or prices at which event tickets shall be sold by Merchant as a participant in the City Merchant Ticket Network. e. City may provide MERCHANT with promotional materials for events for which tickets are available for sale.4. MERCHANT’S Obligations and Terms for Ticket Sales. a. MERCHANT will use the MERCHANT’S desktop computer connection to the City’s ticket server as a merchant participating in the City Merchant Ticket Network to sell event tickets and collect payment, be it cash, checks or major credit cards, at ticket prices set by City at the event promoter’s direction. b. MERCHANT will print copies of the event tickets at the time of purchase of the tickets, utilizing the office equipment and supplies provided by City for all ticket sales. c. During MERCHANT’S stated regular business hours, MERCHANT will provide facilities and trained staff for on-site event ticket sales utilizing Ticket Network on behalf of City. d. MERCHANT will allow its employees the time reasonably necessary for training on use of the equipment and the ticketing system for event ticket sales and for the making of reports to City relating to event ticket sales. MERCHANT will designate one of its regular employees as its “point person” for the operation of the ticket outlet and for communication with City staff regarding its performance under this Agreement. e. MERCHANT shall not add any service fees or charges to an event ticket sales price, other than those set by City at the event promoter’s direction. f. MERCHANT will not unlawfully discriminate in the sale of event tickets as a participant in the City Merchant Ticket Network. g. MERCHANT will print daily sales reports generated by the ticketing system for each and every day that at least one ticket is sold for reconciliation of receipts by MERCHANT’S employees and by City staff. h. MERCHANT must display promotional materials provided by City in a high-traffic area visible to and by the public. MERCHANT by the execution hereof consents to the use by City and by event promoters, during the term of this Agreement and any extension thereof, of MERCHANT’S name, logo, address and telephone number in marketing and advertising material, including websites, for purposes of identifying MERCHANT and MERCHANT’S location(s) as a City Merchant Ticket Network location for on-site purchase of event tickets.5. Handling Fee for Ticket Sales. a. MERCHANT will receive payment from City a fee of $0.25 for each event ticket sold by MERCHANT as a participant in the City Merchant Ticket Network. The MERCHANT fee will be $0.25 per ticket sold regardless of the event ticket purchase price. City will pay MERCHANT on a quarterly basis on the following dates: Jan. 31, April 30, July 31, Oct. 31. If said day falls on a weekend, payment will be made the next business day. b. MERCHANT will not be entitled to receive a handling fee for event ticket sales made at any location(s) other than the location(s) set forth above for on-site event ticket sales by MERCHANT as a participant in the City Merchant Ticket Network.RFP: CE-02-12/Ticket Outlet 13
  • 115. 6. Credit Card Charge Backs, Cancellations, Returns and Refunds. MERCHANT is prohibited from refunding or exchanging tickets once tickets have been purchased. Ticket buyers requesting a refund or exchange of tickets shall be directed to call or visit the Civic Events Division offices of the City.7. MERCHANT HOLD HARMLESS AND INDEMNIFICATION AGREEMENT. MERCHANT AGREES TO INDEMNIFY, DEFEND AND HOLD CITY, ITS COUNCIL 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 MERCHANT 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 MERCHANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF MERCHANT 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 MERCHANT HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE MERCHANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.8. Conduct of Business.MERCHANT will conduct its business contact with the public for event ticket sales as aparticipant in the City Merchant Ticket Network in a courteous, professional and timely mannerat all times.9. Notice.Any notice required or permitted to be given to a party under this Agreement, shall be in writingand shall be deemed given (i) on the day it is delivered personally (with receipt); or (ii) three (3)days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested andproperly addressed to the other party as follows:14 RFP: CE-02-12/Ticket Outlet
  • 116. Notice to MERCHANT:Notice to CITY OF SAN ANGELO:City of San Angelo Civic Events Convention CenterAttention: Anthony Wilson, Civic Events Manager500 Rio Concho DriveP.O. Box 1751San Angelo, Texas 7690210. Reservation of Rights.City reserves the right to deny MERCHANT the authority to conduct event ticket sales as aparticipant in the City Merchant Ticket Network for any specific event(s) for any reason.11. Confidentiality of Records. a. Merchant shall establish procedures that reasonably assure maintenance of the confidentiality of purchaser personal information obtained by MERCHANT as a participant in the City Merchant Ticket Network, including but not limited to purchaser’s name, address, driver’s license number, contact information and credit card information. b. MERCHANT shall maintain the confidentiality of information relating to merchant access to the Ticket Network for merchant on-site ticket sales as a participant in the City Merchant Ticket Network.12. Agreement Modification.The terms of this Agreement may only be modified only by written agreement duly executed bythe parties.13. Agreement Termination.Either party to this Agreement may terminate the Agreement without cause upon thirty (30) daysadvance written notice to the other party.RFP: CE-02-12/Ticket Outlet 15
  • 117. 14. Severability.If any term or provision of this Agreement or the application thereof to any person orcircumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as towhich it is held invalid or unenforceable, shall not be affected thereby and shall continue in fullforce and effect.15. Entire Agreement.This Agreement, together with all attachments hereto, constitutes the entire agreement betweenthe parties. There are no terms, obligations, covenants or conditions other than those containedherein.16. Execution.This Agreement may be executed in counterparts, each of which shall be considered an original,and all of which together shall constitute a single Agreement. CITY OF SAN ANGELO BY: ________________________________ATTEST: Michael Dane, Interim City Manager_____________________________Alicia Ramirez, City Clerk , MERCHANT BY: ITS:APPROVED AS TO CONTENT APPROVED AS TO FORMAnthony Wilson, Director of Civic Events Dan T. Saluri, Sr. Asst. City Attorney16 RFP: CE-02-12/Ticket Outlet
  • 118. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220PROPOSAL FORMATProposals shall be submitted in the following format with each element requested and/or form furnished asspecified to facilitate evaluation of the proposals. The detailed requirements in this RFP are mandatory.City of San Angelo will not participate in any cost the Respondent may incur in the preparation and submission of aproposal. The City will not be liable in any manner with regard to this RFP and the Respondent’s response to it.FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF PROPOSAL. Proposal Format Instructions Proponents are encouraged to be creative and resourceful in proposing a plan for ensuring over-the-top customer service, marketing support of ticketed events, financial safeguards for the cash it handles from ticket buyers, and training of its employees. The proposal, in a format decided by the prospective outlet, shall contain the following information to be considered complete. Proposals will be evaluated on a combination of factors. Specifically: Tab 1 – Business Summary Complete the Business Summary form along with a written one (1) page statement from the owner explaining why he/she is interested in having a ticket outlet. Tab 2 – Foot Traffic Data Enclose any available foot traffic data for 2011 Tab 3 – Proposed Ticketing Plan A proposed plan for how the ticketing operation would be manned; the name, title, responsibilities and work hours of the designated “point person” for ticket sales. The plan should include how many employees would be trained to sell tickets and reconcile daily receipts. The prospective outlet’s approach and philosophy regarding customer service. Tab 4 - Marketing Assistance Proposal A proposal for marketing assistance for ticketed events. At a minimum, this should include a willingness to display posters, flyers, coupons, etc., for ticketed events, along with posting information and online links to events on the outlet’s own website and social networking pages. Tab 5 – All Other Submission Forms • Completed RFP Letter Of Interest (REQUIRED) • Completed Conflict Of Interest form (if applicable) • Completed Debarment and Suspension Certificate (REQUIRED) • Completed Contact Form • Copy of IRS W-9 form (REQUIRED)RFP: CE-02-12/Ticket Outlet 17
  • 119. Intentionally Left Blank18 RFP: CE-02-12/Ticket Outlet
  • 120. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220SELECTION PROCESS All submittals shall be evaluated by a selection committee. A. The selection committee will consist of representatives from various City departments and board members. Name Title • Anthony Wilson Civic Events Manager • Carl White Parks and Recreation Director • Becky Conally Sr. Event Services Representative • Don Maynard Parks and Recreation Business Analyst • Gray Mundell Civic Events Advisory Board Member B. The selection committee will evaluate all proposals that are submitted. Selection ratings will be based on 100-point scale. Ranking will be as reflected below: • Location, hours of operation, foot traffic, owners’ written statement .......... 45% • Proposed for operating the outlet, reflecting the ability to deliver desired customer service (external and internal) ........................................... 45% • Marketing potential/proposals ....................................................................... 10% Total .............................. 100% C. Tentative Schedule April 10, 2012 Release Of Request for Proposal April 25, 2012 Submission of Proposals Due By 2:00 PM May 16, 2012* Presentation Given By Top Applicants June 19, 2012* Contract Awarded by City Council *Exact dates are subject to change at the City’s discretion. D. Respondents are advised that the City reserves the right to evaluate and rank the proposals without input from the respondents. Therefore, proposals should be complete as initially submitted. E. City staff shall make a recommendation to City Council of the selection of the most qualified respondent to enter into contract negotiations with the City. F. The selected respondent shall enter into negotiations with the City for the services to be performed. G. When services and fees are agreed upon, the selected respondent shall be offered a contract subject to City Council approval.RFP: CE-02-12/Ticket Outlet 19
  • 121. H. Should negotiations be unsuccessful, the City may enter into negotiations with the next, highest ranked respondent until an agreement for services and fees are reached. This process may continue until an agreement is reached. I. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending the interviews. The City reserves the right to accept or reject all or part of proposals.20 RFP: CE-02-12/Ticket Outlet
  • 122. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220SUBMISSION FORMS • Business Summary • RFP Letter Of Interest (REQUIRED) • Conflict Of Interest form (if applicable) • Debarment and Suspension Certificate (REQUIRED) • IRS form W-9 form (REQUIRED) • Contact Information FormRFP: CE-02-12/Ticket Outlet 21
  • 123. Intentionally Left Blank22 RFP: CE-02-12/Ticket Outlet
  • 124. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220 Business Summary (Required) Business Name: Tax ID Number: Street Address: Number of Years in Business: Nature of Business: Hours of Operation: Owners Name: Owners Work Experience: Manager Name: Owners Work Experience:Attach a written statement from the owner explaining why he/she is interested in having a ticket outlet and insertin Tab 1RFP: CE-02-12/Ticket Outlet 23
  • 125. Intentionally Left Blank24 RFP: CE-02-12/Ticket Outlet
  • 126. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220 NOTICE TO VENDORS Disclosure of Certain Relationships Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, areavailable at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm. A current list of City of San Angelo and City of San Angelo Development Corporations officers is availablein the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo no later ththan the seventh (7 ) business day after the date you become aware of facts that require the form to be filed. SeeSection 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development CorporationRequest for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either ofthose two entities, you are representing that you are in compliance with the requirements of Chapter 176 of theTexas Local Government Code. Roger S. Banks Division ManagerRFP: CE-02-12/Ticket Outlet 25
  • 127. Intentionally Left Blank26 RFP: CE-02-12/Ticket Outlet
  • 128. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4212RFP: CE-02-12/Ticket Outlet 27
  • 129. Intentionally Left Blank28 RFP: CE-02-12/Ticket Outlet
  • 130. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220 Debarment and Suspension Certification (Required)(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal.Business Name _________________________________________By:Printed Name and Title of Authorized RepresentativeSignature of Authorized RepresentativeDate:RFP: CE-02-12/Ticket Outlet 29
  • 131. Debarment and Suspension Certification INSTRUCTIONS1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment and Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.30 RFP: CE-02-12/Ticket Outlet
  • 132. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220 Letter of Interest (Required)RFP No: CE-02-12/Ticket OutletThe undersigned firm submits the following information in response to Request for Proposal (as amended byAddenda), issued by the City of San Angelo, Texas (“City”) for a Lake Water Pumping System. This proposalincludes:  Completed RFP Letter Of Interest (REQUIRED)  Completed Conflict Of Interest form (if applicable)  Completed Debarment and Suspension Certificate (REQUIRED)  Copy of IRS W-9 form (Required)  One (1) original, five (5) copies, one (1) copy of all submission forms in PDF format on CD or USB drive (REQUIRED)Respondent is responsible for calling the City to determine if any addendums have been issued.Respondent understands that A. the City is not bound to select any proposals and may reject any RFP submittal B. that all costs and expenses incurred in preparing this RFP and participating in this process will be borne solely by the respondent, and C. that the RFP submittal materials will become the property of the City and will not be returned.Respondent agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incompletestatements in this RFP and accepts all terms of the RFP submittal process by signing this letter of interest andmaking the RFP submittal.The respondent certifies, by submission of this proposal or acceptance of this contract, that neither it nor itsprincipals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom participation in this transaction by any Federal or State departments or agencies.Any offer submitted because of this RFP shall be binding on the Respondent for 90 calendar days following thespecified opening date. Any proposal for which the respondent specifies a shorter acceptance period may berejected.Business Name _________________________________________Business Address City, State Zip CodeBy: ______________________________________ Date:Signature of Authorized RepresentativePrinted Name & TitleRFP: CE-02-12/Ticket Outlet 31y:12-rfxcivic eventsce0212 ticket outletrfp ce0212 0042512.docx
  • 133. Intentionally Left Blank32 RFP: CE-02-12/Ticket Outlet
  • 134. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4212 or 4220Contact Information Form Business Name: Tax ID No: Mailing Address: City, State Zip Business Tele No: Cell: E-Mail: Printed Name/Title:RFP: CE-02-12/Ticket Outlet 33y:12-rfxcivic eventsce0212 ticket outletrfp ce0212 0042512.docx
  • 135. Intentionally Left Blank
  • 136. CITY OF SAN ANGELO, TEXAS MERCHANT TICKET NETWORK AGREEMENT FOR TICKET SALES This Merchant Ticket Network Agreement for Ticket Sales (“Agreement”) isentered into by and between the CITY OF SAN ANGELO, Texas (City) and BARBED WIRE &ROSES MERCANTILE, INC. (MERCHANT), pursuant to which MERCHANT agrees to sellevent tickets as a participant in the City Merchant Ticket Network through a remote desktopcomputer connection to the City’s ticket server. NOW THEREFORE in consideration of the mutual covenants, terms and conditionscontained in this Agreement, and for other good and valuable consideration, MERCHANT andCity agree as follows:City provides ticketing services for event promoters and facilities through its City MerchantTicket Network and Ticket Network. MERCHANT will sell event tickets at MERCHANT’Sretail location(s) as a participant in the City Merchant Ticket Network pursuant to the followingterms and conditions:1. City Merchant Ticket Network Requirements and Sign Up.In order to become a MERCHANT participating in the City Merchant Ticket Network, theMERCHANT warrants that: a. MERCHANT will maintain its retail location at 4001 Sunset Drive, #1230, San Angelo, Texas 76904 known as BARBED WIRE & ROSES. b. MERCHANT’S point person for communication with City staff is PEGGY ASHLEY, or such other person as MERCHANT may hereafter designate in writing to City. c. MERCHANT will maintain the following regular business days and hours as a City Merchant Ticket Network participant open to the public for the sale of event tickets: i Monday through Saturday: from 10:00 a.m. to 9:00 p.m. ii Sunday: from 12:00 p.m. to 6:00 p.m. iii Except MERCHANT will be closed on: Easter Sunday, Thanksgiving Day and Christmas Day. d. MERCHANT will inform City of any change in its regular business days or business hours stated above within 48 hours of the change. City may, in City’s sole discretion, terminate this agreement with MERCHANT upon any reduction in the regular business days or hours of MERCHANT as stated above.2. Term.
  • 137. The term of this Agreement shall be from 12:01 a.m. on the 1st day of August 2012, its effectivedate, through 12:01 a.m. on the 31st day of July 2017, or unless sooner terminated as providedherein.MERCHANT shall have the option to extend the term of this Agreement under the same termsand conditions for an additional five (5) years, provided that MERCHANT is not then in defaultof any term or condition of this Agreement; and, provided that MERCHANT provides City withwritten notice of the exercise of this option not more than one hundred and eighty (180) days andnot less than ninety (90) days before expiration of the term.3. City’s Obligations. a. City will provide a computer, a printer and operating supplies as itemized on Exhibit “A” attached, necessary for the on-site sale of event tickets. Said office equipment and supplies shall be utilized by MERCHANT and MERCHANT’S employees exclusively for event ticket sales made pursuant to this Agreement. The office equipment shall be returned to City in as good a condition as when received, reasonable wear and tear excepted; and supplies not utilized in the performance of this Agreement shall be returned to City, as soon as reasonably practical upon expiration or termination of this Agreement. b. City will provide MERCHANT with One Hundred Dollars ($100.00) cash for use by MERCHANT on site for each site listed above to facilitate cash sales for event tickets. Upon expiration or termination of this Agreement, MERCHANT shall return One Hundred Dollars ($100.00) to City for each listed site. c. City will provide training necessary for MERCHANT staff to utilize equipment and Ticket Network necessary for the sale of event tickets and for the making of sales reports and receipt reconciliations to City relating to event ticket transactions. d. At the direction of the event promoter, City will set the price or prices at which event tickets shall be sold by Merchant as a participant in the City Merchant Ticket Network. e. City may provide MERCHANT with promotional materials for events for which tickets are available for sale.4. MERCHANT’S Obligations and Terms for Ticket Sales. a. MERCHANT will use the MERCHANT’S desktop computer connection to the City’s ticket server as a merchant participating in the City Merchant Ticket Network to sell event tickets and collect payment, be it cash, checks or major credit cards, at ticket prices set by City at the event promoter’s direction. b. MERCHANT will print copies of the event tickets at the time of purchase of the tickets utilizing the office equipment and supplies provided by City for all ticket sales. c. During MERCHANT’S stated regular business hours, MERCHANT will provide facilities and trained staff for on-site event ticket sales utilizing Ticket Network on behalf of City. d. MERCHANT will allow its employees the time reasonably necessary for training on use of the equipment and the ticketing system for event ticket sales and for the making of 2CITY OF SAN ANGELO / BARBED WIRE & ROSES MERCANTILE, INC., MERCHANT TICKETNETWORK AGREEMENT
  • 138. reports to City relating to event ticket sales. MERCHANT will designate one of its regular employees as its “point person” for the operation of the ticket outlet and for communication with City staff regarding its performance under this Agreement. e. MERCHANT shall not add any service fees or charges to an event ticket sales price, other than those set by City at the event promoter’s direction. f. MERCHANT will not unlawfully discriminate in the sale of event tickets as a participant in the City Merchant Ticket Network. g. MERCHANT will print daily sales reports generated by the ticketing system for each and every day that at least one ticket is sold for reconciliation of receipts by MERCHANT’S employees and by City staff. h. MERCHANT must display promotional materials provided by City in a high-traffic area visible to and by the public. MERCHANT by the execution hereof consents to the use by City and by event promoters, during the term of this Agreement and any extension thereof, of MERCHANT’S name, logo, address and telephone number in marketing and advertising material, including websites, for purposes of identifying MERCHANT and MERCHANT’S location(s) as a City Merchant Ticket Network location for on-site purchase of event tickets.5. Handling Fee for Ticket Sales. a. MERCHANT will receive payment from City a fee of $0.25 for each event ticket sold by MERCHANT as a participant in the City Merchant Ticket Network. The MERCHANT fee will be $0.25 per ticket sold regardless of the event ticket purchase price. City will pay MERCHANT on a quarterly basis on the following dates: Jan. 31, April 30, July 31, Oct. 31. If said day falls on a weekend, payment will be made the next business day. b. MERCHANT will not be entitled to receive a handling fee for event ticket sales made at any location(s) other than the location(s) set forth above for on-site event ticket sales by MERCHANT as a participant in the City Merchant Ticket Network.6. Credit Card Charge Backs, Cancellations, Returns and Refunds. MERCHANT is prohibited from refunding or exchanging tickets once tickets have been purchased. Ticket buyers requesting a refund or exchange of tickets shall be directed to call or visit the Civic Events Division offices of the City.7. MERCHANT HOLD HARMLESS AND INDEMNIFICATION AGREEMENT. MERCHANT AGREES TO INDEMNIFY, DEFEND AND HOLD CITY, ITS COUNCIL 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 MERCHANT 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 3CITY OF SAN ANGELO / BARBED WIRE & ROSES MERCANTILE, INC., MERCHANT TICKETNETWORK AGREEMENT
  • 139. OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF MERCHANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF MERCHANT 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 MERCHANT HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE MERCHANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.8. Insurance. MERCHANT will comply with insurance requirements, including continuously maintaining insurance of the types and in the minimum amounts of coverage as set forth in Exhibit “B” attached hereto and made a part hereof for all purposes.9. Conduct of Business.MERCHANT will conduct its business contact with the public for event ticket sales as aparticipant in the City Merchant Ticket Network in a courteous, professional and timely mannerat all times.10. Notice.Any notice required or permitted to be given to a party under this Agreement, shall be in writingand shall be deemed given (i) on the day it is delivered personally (with receipt); or (ii) three (3)days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested andproperly addressed to the other party as follows:Notice to MERCHANT:BARBED WIRE & ROSES MERCANTILE, INC.ATTENTION: Peggy Ashley4001 Sunset Drive #1230San Angelo, TX 76904Notice to CITY OF SAN ANGELO:City of San Angelo Civic Events Convention CenterAttention: Anthony Wilson, Civic Events Manager 4CITY OF SAN ANGELO / BARBED WIRE & ROSES MERCANTILE, INC., MERCHANT TICKETNETWORK AGREEMENT
  • 140. 500 Rio Concho DriveP.O. Box 1751San Angelo, Texas 76902With copies to:City Attorney’s OfficeP.O. Box 1751San Angelo, Texas 7690211. Reservation of Rights.City reserves the right to deny MERCHANT the authority to conduct event ticket sales as aparticipant in the City Merchant Ticket Network for any specific event(s) for any reason.12. Confidentiality of Records. a. Merchant shall establish procedures that reasonably assure maintenance of the confidentiality of purchaser personal information obtained by MERCHANT as a participant in the City Merchant Ticket Network, including but not limited to purchaser’s name, address, driver’s license number, contact information and credit card information. b. MERCHANT shall maintain the confidentiality of information relating to merchant access to the Ticket Network for merchant on-site ticket sales as a participant in the City Merchant Ticket Network.13. Agreement Modification.The terms of this Agreement may only be modified only by written agreement duly executed bythe parties.14. Agreement Termination.Either party to this Agreement may terminate the Agreement without cause upon thirty (30) daysadvance written notice to the other party. 5CITY OF SAN ANGELO / BARBED WIRE & ROSES MERCANTILE, INC., MERCHANT TICKETNETWORK AGREEMENT
  • 141. 15. Severability.If any term or provision of this Agreement or the application thereof to any person orcircumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as towhich it is held invalid or unenforceable, shall not be affected thereby and shall continue in fullforce and effect.16. Entire Agreement.This Agreement, together with all attachments hereto, constitutes the entire agreement betweenthe parties. There are no terms, obligations, covenants or conditions other than those containedherein.17. Execution.This Agreement may be executed in counterparts, each of which shall be considered an original,and all of which together shall constitute a single Agreement. CITY OF SAN ANGELO BY: ________________________________ATTEST: Michael Dane, Interim City Manager_____________________________Alicia Ramirez, City Clerk BARBED WIRE & ROSES MERCANTILE, INC. BY: Peggy Ashley ITS: PresidentAPPROVED AS TO CONTENT APPROVED AS TO FORMAnthony Wilson, Civic Events Manager Dan T. Saluri, Sr. Asst. City Attorney 6CITY OF SAN ANGELO / BARBED WIRE & ROSES MERCANTILE, INC., MERCHANT TICKETNETWORK AGREEMENT
  • 142. CITY OF SAN ANGELO, TEXAS MERCHANT TICKET NETWORK AGREEMENT FOR TICKET SALES This Merchant Ticket Network Agreement for Ticket Sales (“Agreement”) isentered into by and between the CITY OF SAN ANGELO, Texas (City) and SAMCO, INC.,d/b/a PINKIE’S LIQUOR STORES (MERCHANT), pursuant to which MERCHANT agrees tosell event tickets as a participant in the City Merchant Ticket Network through a remote desktopcomputer connection to the City’s ticket server. NOW THEREFORE in consideration of the mutual covenants, terms and conditionscontained in this Agreement, and for other good and valuable consideration, MERCHANT andCity agree as follows:City provides ticketing services for event promoters and facilities through its City MerchantTicket Network and Ticket Network. MERCHANT will sell event tickets at MERCHANT’Sretail location(s) as a participant in the City Merchant Ticket Network pursuant to the followingterms and conditions:1. City Merchant Ticket Network Requirements and Sign Up.In order to become a MERCHANT participating in the City Merchant Ticket Network, theMERCHANT warrants that: a. MERCHANT will maintain its retail location at 1415 S. Bryant Blvd., San Angelo, Texas 76903 known as PINKIE’S LIQUOR STORE. b. MERCHANT’S point person for communication with City staff is LOUISE ALWALT, or such other person as MERCHANT may hereafter designate in writing to City. c. MERCHANT will maintain the following regular business days and hours as a City Merchant Ticket Network participant open to the public for the sale of event tickets: i Monday through Saturday: from 10:00 a.m. to 9:00 p.m. ii Except MERCHANT will be closed on: Sundays, Thanksgiving Day, Christmas Day and New Year’s Day. Should Christmas or New Year’s fall on a Sunday, Pinkie’s will be closed the following Monday, as is required by state law. d. MERCHANT will inform City of any change in its regular business days or business hours stated above within 48 hours of the change. City may, in City’s sole discretion, terminate this agreement with MERCHANT upon any reduction in the regular business days or hours of MERCHANT as stated above.
  • 143. 2. Term.The term of this Agreement shall be from 12:01 a.m. on the 1st day of August 2012, its effectivedate, through 12:01 a.m. on 31st day of July 2017, or unless sooner terminated as providedherein.MERCHANT shall have the option to extend the term of this Agreement under the same termsand conditions for an additional five (5) years, provided that MERCHANT is not then in defaultof any term or condition of this Agreement; and, provided that MERCHANT provides City withwritten notice of the exercise of this option not more than one hundred and eighty (180) days andnot less than ninety (90) days before expiration of the term.3. City’s Obligations. a. City will provide a computer, a printer and operating supplies as itemized on Exhibit “A” attached, necessary for the on-site sale of event tickets. Said office equipment and supplies shall be utilized by MERCHANT and MERCHANT’S employees exclusively for event ticket sales made pursuant to this Agreement. The office equipment shall be returned to City in as good a condition as when received, reasonable wear and tear excepted; and supplies not utilized in the performance of this Agreement shall be returned to City, as soon as reasonably practical upon expiration or termination of this Agreement. b. City will provide MERCHANT with One Hundred Dollars ($100.00) cash for use by MERCHANT on site for each site listed above to facilitate cash sales for event tickets. Upon expiration or termination of this Agreement, MERCHANT shall return One Hundred Dollars ($100.00) to City for each listed site. c. City will provide training necessary for MERCHANT staff to utilize equipment and Ticket Network necessary for the sale of event tickets and for the making of sales reports and receipt reconciliations to City relating to event ticket transactions. d. At the direction of the event promoter, City will set the price or prices at which event tickets shall be sold by Merchant as a participant in the City Merchant Ticket Network. e. City may provide MERCHANT with promotional materials for events for which tickets are available for sale.4. MERCHANT’S Obligations and Terms for Ticket Sales. a. MERCHANT will use the MERCHANT’S desktop computer connection to the City’s ticket server as a merchant participating in the City Merchant Ticket Network to sell event tickets and collect payment, be it cash, checks or major credit cards, at ticket prices set by City at the event promoter’s direction. b. MERCHANT will print copies of the event tickets at the time of purchase of the tickets utilizing the office equipment and supplies provided by City for all ticket sales. c. During MERCHANT’S stated regular business hours, MERCHANT will provide facilities and trained staff for on-site event ticket sales utilizing Ticket Network on behalf of City. 2CITY OF SAN ANGELO / SAMCO, INC. d/b/a PINKIE’S, MERCHANT TICKET NETWORK AGREEMENT
  • 144. d. MERCHANT will allow its employees the time reasonably necessary for training on use of the equipment and the ticketing system for event ticket sales and for the making of reports to City relating to event ticket sales. MERCHANT will designate one of its regular employees as its “point person” for the operation of the ticket outlet and for communication with City staff regarding its performance under this Agreement. e. MERCHANT shall not add any service fees or charges to an event ticket sales price, other than those set by City at the event promoter’s direction. f. MERCHANT will not unlawfully discriminate in the sale of event tickets as a participant in the City Merchant Ticket Network. g. MERCHANT will print daily sales reports generated by the ticketing system for each and every day that at least one ticket is sold for reconciliation of receipts by MERCHANT’S employees and by City staff. h. MERCHANT must display promotional materials provided by City in a high-traffic area visible to and by the public. MERCHANT by the execution hereof consents to the use by City and by event promoters, during the term of this Agreement and any extension thereof, of MERCHANT’S name, logo, address and telephone number in marketing and advertising material, including websites, for purposes of identifying MERCHANT and MERCHANT’S location(s) as a City Merchant Ticket Network location for on-site purchase of event tickets.5. Handling Fee for Ticket Sales. a. MERCHANT will receive payment from City a fee of $0.25 for each event ticket sold by MERCHANT as a participant in the City Merchant Ticket Network. The MERCHANT fee will be $0.25 per ticket sold regardless of the event ticket purchase price. City will pay MERCHANT on a quarterly basis on the following dates: Jan. 31, April 30, July 31, Oct. 31. If said day falls on a weekend, payment will be made the next business day. b. MERCHANT will not be entitled to receive a handling fee for event ticket sales made at any location(s) other than the location(s) set forth above for on-site event ticket sales by MERCHANT as a participant in the City Merchant Ticket Network.6. Credit Card Charge Backs, Cancellations, Returns and Refunds. MERCHANT is prohibited from refunding or exchanging tickets once tickets have been purchased. Ticket buyers requesting a refund or exchange of tickets shall be directed to call or visit the Civic Events Division offices of the City.7. MERCHANT HOLD HARMLESS AND INDEMNIFICATION AGREEMENT. MERCHANT AGREES TO INDEMNIFY, DEFEND AND HOLD CITY, ITS COUNCIL 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 MERCHANT OR CITY, BY REASON OF DEATH 3CITY OF SAN ANGELO / SAMCO, INC. d/b/a PINKIE’S, MERCHANT TICKET NETWORK AGREEMENT
  • 145. 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 MERCHANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF MERCHANT 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 MERCHANT HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE MERCHANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.8. Insurance. MERCHANT will comply with insurance requirements, including continuously maintaining insurance of the types and in the minimum amounts of coverage as set forth in Exhibit “B” attached hereto and made a part hereof for all purposes.9. Conduct of Business.MERCHANT will conduct its business contact with the public for event ticket sales as aparticipant in the City Merchant Ticket Network in a courteous, professional and timely mannerat all times.10. Notice.Any notice required or permitted to be given to a party under this Agreement, shall be in writingand shall be deemed given (i) on the day it is delivered personally (with receipt); or (ii) three (3)days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested andproperly addressed to the other party as follows:Notice to MERCHANT:SAMCO, INC. d/b/a PINKIE’S LIQUOR STOREATTENTION: Michael U. EllingtonP.O. Box 60287San Angelo, TX 76903Notice to CITY OF SAN ANGELO: 4CITY OF SAN ANGELO / SAMCO, INC. d/b/a PINKIE’S, MERCHANT TICKET NETWORK AGREEMENT
  • 146. City of San Angelo Civic Events Convention CenterAttention: Anthony Wilson, Civic Events Manager500 Rio Concho DriveP.O. Box 1751San Angelo, Texas 76902With copies to:City Attorney’s OfficeP.O. Box 1751San Angelo, Texas 7690211. Reservation of Rights.City reserves the right to deny MERCHANT the authority to conduct event ticket sales as aparticipant in the City Merchant Ticket Network for any specific event(s) for any reason.12. Confidentiality of Records. a. Merchant shall establish procedures that reasonably assure maintenance of the confidentiality of purchaser personal information obtained by MERCHANT as a participant in the City Merchant Ticket Network, including but not limited to purchaser’s name, address, driver’s license number, contact information and credit card information. b. MERCHANT shall maintain the confidentiality of information relating to merchant access to the Ticket Network for merchant on-site ticket sales as a participant in the City Merchant Ticket Network.13. Agreement Modification.The terms of this Agreement may only be modified only by written agreement duly executed bythe parties.14. Agreement Termination.Either party to this Agreement may terminate the Agreement without cause upon thirty (30) daysadvance written notice to the other party.15. Severability.If any term or provision of this Agreement or the application thereof to any person orcircumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as towhich it is held invalid or unenforceable, shall not be affected thereby and shall continue in fullforce and effect. 5CITY OF SAN ANGELO / SAMCO, INC. d/b/a PINKIE’S, MERCHANT TICKET NETWORK AGREEMENT
  • 147. 16. Entire Agreement.This Agreement, together with all attachments hereto, constitutes the entire agreement betweenthe parties. There are no terms, obligations, covenants or conditions other than those containedherein.17. Execution.This Agreement may be executed in counterparts, each of which shall be considered an original,and all of which together shall constitute a single Agreement. CITY OF SAN ANGELO BY: ________________________________ATTEST: Michael Dane, Interim City Manager_____________________________Alicia Ramirez, City Clerk MERCHANT: SAMCO, INC., d/b/a PINKIE’S LIQUOR STORE BY: Michael U. Ellington ITS: PresidentAPPROVED AS TO CONTENT APPROVED AS TO FORMAnthony Wilson, Civic Events Manager Dan T. Saluri, Sr. Asst. City Attorney 6CITY OF SAN ANGELO / SAMCO, INC. d/b/a PINKIE’S, MERCHANT TICKET NETWORK AGREEMENT
  • 148. . City of San AngeloMemo Date: July 3, 2012 To: Mayor and Councilmembers From: Robert Schneeman, Development Coordinator Subject: Agenda Item for 07-17-2012 Council Meeting Contact: Robert Schneeman or Shawn Lewis, 657-4210 Caption: Regular Item Consideration and possible action regarding a recommendation by the COSADC Board to approve leasing approximately 100 acres of Phase 2 of the Industrial Park to Lucas Oil at a lease rate of $1.00 per year, for a period of five (5) years, requiring Lucas Oil to hold a minimum of one (1) race per year on the leased land, releasing the deed restrictions limiting the use of the land for industrial park purposes only, to allow use of the land for off road racing, authorizing the City Manager or his designated representative to negotiate and execute said lease agreement and any other matters in connection there to At its meeting of April 11, 2012 the COSADC Board approved leasing up to 100 acres of phase 2 of the Industrial Park for use by Lucas Oil as an Off Road race Summary: track. In order for this to occur, an existing deed restriction imposed by Council at the time the property was conveyed to COSADC must be revised to eliminate the restriction that the property can only be used as an industrial park. History: The City has been approached by Lucas Oil as a possible venue for one or more races per year in their off road racing series. They require approximately 100 acres to create the race course, parking area, fan area etc. COSADC staff was approached by City staff to investigate the possibility of utilizing a portion of the Industrial Park for this purpose. In researching the records it was discovered that the original deed to the Park included a provision that “the property shall be used for an industrial park and no other purpose.” There was also a concern that due to the fact that Phase 1 of the Industrial Park was constructed using a grant from the Economic Development Administration (EDA) that this might in some way impact that grant. Staff contacted the EDA regional office and verified that use of Phase 2 property would not impact the Phase 1 grant. The 2012 Lucas Off Road Racing Series season schedule runs March 31 thru October 28. There are currently seven venues, with 8 race events of 2 days duration each. Current race locations are as follows: Firebird Raceway, Chandler, AZ Lake Elsinore Motorsports Park, Lake Elsinore, CA Speedworld Off Road Park, Surprise, AZ Miller Motorsports Park, Tooele, UT Glenn Helen Raceway, San Bernardino, CA Wild West Motorsports Park, Sparks, NV Las Vegas Motor Speedway, Las Vegas, NV Adopted: 5/30/03 Revised: 6/21/10
  • 149. The types of Racing typically include : Trucks-Pro 4 Unlimited, Pro 2 Unlimited, Pro Lite Unlimited, & Super Lite Buggies – Pro Unlimited & Limited Karts – Modified, JR2 &JR1 Lucas anticipates holding one race per year in San Angelo, possibly as a single day of racing as opposed to the normal two day race weekend. They also anticipate needing to subsidize drivers to get them here at least in the beginning. The anticipated draw is similar to the Boat Races. Lucas has visited San Angelo during the rodeo and likes the reception given to visitors and competitors as well as the way Boat Race drivers are treated here.Financial Impact: To be determinedRelated Vision Item(if applicable):Other Information/ Staff recommends approvalRecommendation:Attachments: COSADC Minute excerpt, Layout of 406 acre park, aerial exhibitPresentation: Shawn Lewis, Director of Community & Economic DevelopmentPublication:Reviewed by Shawn Lewis, ext 1541Director:Approved by Legal:
  • 150. City of San AngeloMemo Date: July 3, 2012 To: Mayor and Councilmembers From: Robert Schneeman, Development Coordinator Subject: Agenda Item for 07-17-2012 Council Meeting Contact: Robert Schneeman or Shawn Lewis, 657-4210 Caption: Regular Item Consideration and possible action regarding a recommendation by the COSADC to th approve sponsorship of the 15 Annual Ports-to-Plains Alliance Conference to be held in Medicine Hat, Alberta Canada, the sponsorship to be at the Silver level at a cost of $2,500.00. At its meeting of June 27,,2012 the COSADC Board approved funding th sponsorship of the 15 Annual Ports-to-Plains Alliance Conference at the Silver Summary: Level of $2,500.00. History: The City of San Angelo has hosted the annual Alliance meeting on a number of occasions. This year the meeting is being held in Medicine Hat, Alberta, Canada and the Alliance is seeking sponsorship by its members. COSADC approved sponsorship at the Silver level of $2,500.00 and is recommending Council approve this expenditure of half cent sales tax funds for this purpose. Financial Impact: $2,500.00 Related Vision Item (if applicable): Other Information/ Staff recommends approval Recommendation: Attachments: Request Letter, sponsorship levels, proposed agenda Presentation: Shawn Lewis, Director of Community & Economic Development Publication: Reviewed by Shawn Lewis, ext 1541 Director: Approved by Legal: Adopted: 5/30/03 Revised: 6/21/10
  • 151. 15th Annual Ports-to-Plains Alliance ConferenceThe Ports-to-Plains Alliance is excited to hold our 2012 Annual Conference in Medicine Hat, AlbertaOctober 2 – 4. It is the first time our conference will be held outside the United States, and we areworking hard with our partners from Palliser Economic Partnership, Battle River Alliance for EconomicDevelopment and Alberta HUB to host an excellent conference.We expect about 150 people from throughout the corridor – from Alberta to Mexico – to attend thisevent. Speakers will address topics that focus on growing our rural economies based on agriculture andenergy including transportation infrastructure, trade policy and border crossings.Participants will include individuals representing local and state governments, economic development,chamber of commerce, business and industry leaders from Canada and the United States from Texasnorth into western plains of Alberta, Saskatchewan and the surrounding provinces. These are thepeople who are the most active in their local areas in determining the public decisions regarding thoughon trade, regulation, purchasing and political priorities. These are the people who understand the valueof natural resources and trade to their economy.We hope that you will be a part of this great event. Enclosed is information on sponsorshipopportunities. Your support not only allows us to hold an outstanding conference, but enables thePorts-to-Plains Alliance to continue its mission to advocate for a robust transportation infrastructure topromote economic security and prosperity throughout North Americas energy and agriculturalheartland.Thank you for your consideration.Sincerely,Michael ReevesPresident5401 N. MLK Blvd. Lubbock, TX 79403 Ph: 806-775-2338 www.portstoplains.com
  • 152. EVENT SPONSORSHIP OPPORTUNITIESBRONZE - $1,000 • Logo recognition in Ports-to-Plains conference program as a Bronze sponsor • Listing as a sponsor on Ports-to-Plains website and free hyperlink from the sponsor listing to your home page • Company listing on prominent ballroom signage • One complimentary Conference registrationSILVER - $2,500Bronze sponsor benefits, plus; • Quarter-page color advertisement in Conference Program • Prominent company logo display at opening and closing sessions; and conference luncheon • One additional complimentary Conference registration (2 total)GOLD - $5,000Silver sponsor benefits, plus: • Half-page color advertisement in Conference Program • *One complimentary Exhibit Space • Advertisement featured for one year on Ports-to-Plains Website • Two additional Conference registrations (4 total)PLATINUM - $10,000Gold sponsor benefits, plus: • Full-page advertisement in Conference Program • Conference shirts with your company logo/name imprinted on sleeve along with the Ports-to-Plains logo on the chest of each shirt to be distributed to all conference attendees • Sponsor recognition and 20 minute speaking opportunity during event • Four additional Conference registrations (8 total)WWW.PORTSTOPLAINS.COM
  • 153. ADDITIONAL SPONSORSHIP OPPORTUNITIES 1) Reception Sponsor ($5,000) Gold Sponsor Benefits, plus; • Company listing on prominent signage in room during the sponsored reception • Sponsor recognition and 15 minute speaking opportunity during the sponsored reception 2) Breakfast Sponsor ($5,000) Gold Sponsor Benefits, plus; • Company listing on prominent signage in room during the sponsored breakfast • Sponsor recognition and 15 minute speaking opportunity during the sponsored breakfast 3) Luncheon Sponsor ($7,500) Gold Sponsor Benefits, plus; • Company listing on prominent signage in room during the sponsored luncheon • Sponsor recognition and 15 minute speaking opportunity during the sponsored luncheon 4) Dinner Sponsor ($7,500) Gold Sponsor Benefits, plus; • Company listing on prominent signage in room during the sponsored dinner • Sponsor recognition and 15 minute speaking opportunity during the sponsored dinner 5) Networking Break Sponsorship ($500) • All Break Sponsor logos will be featured on a tabletop sign at the break table • Company listing as Break Sponsor in conference program Canadian Sponsors can make their cheques payable to PALLISER ECONOMIC PARTNERSHIP PO Box 1046, Medicine Hat, Alberta T1A 7H1 American Sponsors can make their checks payable to PORTS-TO-PLAINS ALLIANCE 5401 N MLK Blvd. #395 Lubbock, TX 79403* EXHIBIT OPPORTUNITYYou are invited to participate as an exhibitor during the conference. The fee for an exhibit space is $250in addition to your conference registration. The registration fee includes a skirted display table and accessto an electrical outlet. Internet if available is at an additional cost to the exhibitor. Exhibitor registrationsare first-come first-serve based on exhibit space availability.If your organization is a GOLD or PLATINUM sponsor, an exhibit space is included with thesponsorship at no additional fee; however, you will need to register any additional personnel who wantaccess to refreshment breaks and meals during the event at the rate of $125 each.WWW.PORTSTOPLAINS.COM
  • 154. PORTS-TO-PLAINS ALLIANCE CONTACTS Michael Reeves Joe Kiely Duffy Hinkle President Vice President of Vice President of Membership Ports-to-Plains Alliance Operations & Marketing Ph: 806-775-2338 Ports-to-Plains Alliance Ports-to-Plains Alliance michael.reeves@portstoplains.com Ph: 303-586-1787 Ph: 806-755-3373 joe.kiely@portstoplains.com duffy.hinkle@portstoplains.com Cal Klewin Travis Hiner Walter Valentini Executive Director President Executive Director Theodore Roosevelt Expressway Heartland Expressway Palliser Economic Partnership Ph: 701-523-6171 Ph: 308-635-3393 Ph: 587-253-5353 cal@trexpressway.com thiner@charter.net walter@palliseralberta.comWWW.PORTSTOPLAINS.COM
  • 155.      Ports-to-Plains Alliance 15th Annual Conference     DRAFT AGENDA  Revised May 2, 2012  Tuesday, October 2 5:30 p.m.   Opening Reception  For the first time, the Ports‐to‐Plains Alliance is holding its annual conference  outside of the United States.  Enjoy Medicine Hat hospitality and network with  community and business leaders from the corridor region throughout North  America.  Provincial and local officials will speak and welcome attendees to  Alberta.   Mayor Norm Boucher,  Medicine Hat, AB (Confirmed)  Reeve Darcy Geigle, Cypress County, AB (Confirmed)  Keynote speaker – Alberta Premier Alison Redford invited Wednesday, October 3 8 a.m.    Breakfast     Welcome from Ports‐to‐Plains Chairman John Bertsch     Opening Keynote Address    Keynote speakers have not been confirmed yet, but speakers are targeted who  can provide insight on rural economic development, trade and infrastructure. 9 a.m.    Update from PTP Alliance Partners  The Ports‐to‐Plains Alliance partners are busy throughout the year working to  improve the infrastructure and business environment that allows commerce to  thrive throughout the region.  Hear reports on past year’s activities from the 
  • 156.    Ports‐to‐Plains Coalition, Heartland Expressway Association, Theodore Roosevelt  Expressway Association, Eastern Alberta Corridor  10 a.m.  Networking Break 10:30 a.m.  Transportation Challenges – How are PTP Jurisdictions addressing the issues  The Ports‐to‐Plains region fuels North America with Alberta, home of the world’s  third largest proven oil reserves, and 7 of the top 10 oil producing US states.   While the production is a boom to the local economies, it is placing a strain on  the transportation infrastructure.  Transportation leaders from Alberta, Texas  and North Dakota will tell how they are facing the challenge. 12 p.m.  Lunch     Keynote Address   Keynote speakers have not been confirmed yet, but speakers are targeted who  can provide insight on rural economic development, trade and infrastructure. 1:30 p.m.  Beyond the Canadian Wheat Board – the Future of Agricultural Trade  The Canadian government’s decision to end the Wheat Board’s monopoly  fundamentally shifted agriculture trade in North America.  Hear how this  decision will impact our rural, ag‐based economies, and other farm trade issues. 2:30 p.m.  Networking Break 3:30 p.m.  Oil Sands Economic Impact Beyond the Oil Sands  The Alberta oil sands are obviously an economic boom for Fort McMurray and  the surrounding area, but the economic impact stretches much further than  that.  Suppliers to oil sands development are located throughout the entire  Ports‐to‐Plains region from Eastern Alberta to Mexico.  Hear directly from  researchers and businesses that create jobs in the Ports‐to‐Plains area by  supplying the oil sands. 5 p.m.    Networking reception  
  • 157.     Thursday, October 4 8 a.m.    Breakfast     Keynote Address  Keynote speakers have not been confirmed yet, but speakers are targeted who  can provide insight on rural economic development, trade and infrastructure. 9:30 a.m.  Border Cooperation…Expanding Alternatives  Border crossings are a key component of trade.  They serve as essential  checkpoints, ensuring the safety and security of people and truck loads entering  our countries and driving on our highways.  They can also serve as bottlenecks of  congestion that slow trade.  Learn how we can improve existing border  crossings, and provide new alternatives to improve the flow of trade and create  new opportunities for our communities. 10:30 a.m.  Taking Advantage of the PTP Corridor – Economic Development Successes  You have heard about the Ports‐to‐Plains Alliance Corridor and the opportunities  for growth and prosperity it brings.  Learn first‐hand how communities are taking  advantage of their location along the corridor. 11:15 a.m.  Cool Companies  What are the innovative companies who are making a positive impact on our  region and the world?  Hear from some of the cutting edge entrepreneurs who  are creating jobs in innovative ways. 11:45 a.m.  Closing Remarks – Call to Action  Ports‐to‐Plains owes its success to the hard work and dedication of its grassroots  volunteers.  Now is the time to take what you have learned at the conference  and take action in your own communities. 
  • 158. Click here for instructions. City of San AngeloMemo Date: May 4, 2012 To: Mayor and Councilmembers From: Clinton Baily, City Engineeer Subject: Agenda Item for May 15, 2012 Council Meeting Contact: Clinton Bailly at 1211 Caption: Consent Agenda Consideration of: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LETTER AGREEMENT WITH TETRA TECH CONCURRING WITH THE MONITORING OF SHALLOW GROUND WATER AND TO NEGOTIATE AND EXECUTE RESTRICTIVE COVENANTS TO BE PLACED INTO DEED RECORDS PROHIBITING EXPOSURE TO GROUNDWATER RELATING TO PORTIONS OF THREE PARCELS OF REAL PROPERTY OWNED BY THE CITY LOCATED AT OR ABOUT NORTH BROWNING AND PULLIAM STREETS; NORTH BAZE AND UPTON STREETS, AND THE ALLEY FROM NORTH BAZE STREET EAST TO THE TEXAS PACIFICO RAILROAD RIGHT OF WAY. Summary: The City has been requested to authorize the placement of restrictive covenants on certain areas of streets and alleys within an area designated for environmental cleanup of shallow groundwater resulting from industrial pollution.. History: Certain real property located at 926 Pulliam Street in San Angelo Texas (the “Site”) was formerly owned and operated by the San Angelo Electric Service Company (“SESCO”) for the business of selling, repairing, and servicing electrical transformers. The Texas Commission on Environmental Quality (“TCEQ”) has discovered that spilled transformer oil had impacted the Site. TCEQ has determined that an environmental investigation and cleanup is necessary and has pursuant to the Texas Health & Safety Code, classified the Site as a “Texas Superfund Site” The SESCO Site Working Group (“SSWG”) is a group of former customers of SESCO that did not operate the SESCO facility, but have investigated the environmental issues Adopted: 5/30/03 Revised: 6/21/10
  • 159. associated both with the Site and certain nearby off-Site areas for purposes of performing environmental remediation and removal activities as the need is identified by those investigations. SSWG has submitted to the TCEQ a Feasibility Study/Presumptive Remedy outlining for the TCEQ the remediation it proposes to undertake to finalize the on-Site and off-Site remediation. The City owns portions of real property utilized as street or alley right-of-way within the Site located at or about North Browning and Pulliam streets, North Baze and Upton streets, and the alley from North Baze Street east to the Texas Pacifico Railroad right of way. Timely completion of the on-Site and off- Site remediation proposed by the SSWG will allow the Site to be revitalized, redeveloped, and reused for commercial/industrial use, to the benefit of the environment and the citizens of the City of San Angelo.Financial Impact: NoneRelated Vision The City Council of the City of San Angelo, Texas has an interest in theItem reuse, redevelopment, and revitalization of real property located in its(if applicable): City Limits that may otherwise be complicated by the presence of impacted soils and groundwaterOther Information/ Staff recommends . . . ApprovalRecommendation:Attachments ResolutionPresentation: Clinton BaileyPublication:Reviewed by Clinton Baily, City Engineer at 1211Director:Approved by Legal: Yes
  • 160. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LETTER AGREEMENT WITH TETRA TECH CONCURRING WITH THE MONITORING OF SHALLOW GROUND WATER AND TO NEGOTIATE AND EXECUTE RESTRICTIVE COVENANTS TO BE PLACED INTO DEED RECORDS PROHIBITING EXPOSURE TO GROUNDWATER RELATING TO REAL PROPERTY OWNED BY THE CITY GENERALLY DESCRIBED AS THE RIGHT-OF-WAY FOR A SECTION OF PULLIAM STREET RUNNING FROM A POINT WEST OF WHERE NORTH BROWNING STREET INTERSECTS WITH PULLIAM STREET TO A POINT TO EAST OF WHERE NORTH BAZE STREET INTESECTS PULLIAM. WHEREAS, the City Council of the City of San Angelo, Texas has an interest in thereuse, redevelopment, and revitalization of real property located in its City Limits that mayotherwise be complicated by the presence of impacted soils and groundwater; and WHEREAS, the remediation of such real property protects the environment, reducesblight, and takes development pressures off green spaces and working lands; and WHEREAS, it is the understanding of the City Council of the City of San Angelo that theproperty located at 926 Pulliam Street in San Angelo Texas (the “Site”) was formerly owned andoperated by the San Angelo Electric Service Company (“SESCO”) for the business of selling,repairing, and servicing electrical transformers; and WHEREAS, the City owns a portion of real property utilized as street right-of-waywithin the Site located at or about a section of Pulliam Street running from a point just west ofwhere North Browning Street intersects Pulliam street to a pint to the east of where North BazeStreet intersects Pulliam Street; and WHEREAS, the City Council of the City of San Angelo further understands that theTexas Commission on Environmental Quality (“TCEQ”) discovered that spilled transformer oilhad impacted the Site; determined that an environmental investigation and cleanup is necessary;and classified the Site as a “Texas Superfund Site” pursuant to the Texas Health & Safety Code;and WHEREAS, the City Council of the City of San Angelo acknowledges that the SESCOSite Working Group (“SSWG”) is a group of former customers of SESCO who did not operatethe SESCO facility but have voluntarily investigated the environmental issues associated bothwith the Site and certain nearby off-Site areas, and intend to perform environmental remediationand removal activities as the need is identified by those investigations; and WHEREAS, the City Council of the City of San Angelo further acknowledges that theSSWG has submitted to the TCEQ a Feasibility Study/Presumptive Remedy outlining for theTCEQ the remediation it proposes to undertake to finalize the on-Site and off-Site remediation;and,{68185/1/00038581.1}
  • 161. WHEREAS, timely completion of the on-Site and off-Site remediation proposed by theSSWG will allow the Site to be revitalized, redeveloped, and reused for commercial/industrialuse, to the benefit of the environment and the citizens of the City of San Angelo; and, WHEREAS, the City Council resolved on May 15, 2012, to support the proposedremediation efforts of SSWG at and around the former SESCO facility, to grant the CityManager the authority to execute a Letter Agreement with Tetra Tech concurring with themonitoring of shallow ground water, and to negotiate, execute, and cause to be recorded saidrestrictive covenants with respect to three other parcels of real property owned by the Citylocated at the site: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO THAT: The City of San Angelo, Texas resolves to support the proposed remediation efforts ofthe SSWG at and around the former SESCO facility, by: 1. Granting the Interim City Manager or his designee the authority to execute a Letter Agreement with Tetra Tech concurring with the monitoring of shallow ground water and granting Tetra Tech (an environmental consultant to the SSWG) permission to cause restrictive covenants to be placed into the deed records of a section of Pulliam Street running from a point just west of where North Browning Street intersects Pulliam street to a pint to the east of where North Baze Street intersects Pulliam Street owned by the City of San Angelo located nearby the Site as more specifically identified in that Letter Agreement. 2. Granting the City Manager the authority to negotiate, execute, and cause to be recorded said restrictive covenants in the deed records of Tom Green County. and PASSED, APPROVED, and ADOPTED on this the ____ day of ___________________,2012. CITY OF SAN ANGELO, TEXAS By: ________________________ Alvin New, MayorATTEST:Alicia Ramirez, City Clerk{68185/1/00038581.1}
  • 162. APPROVED AS TO CONTENT APPROVED AS TO FORMClinton Bailey, City Engineer Lysia H. Bowling, City Attorney{68185/1/00038581.1}
  • 163. City of San AngeloMemo Date: 07/05/2012 To: Mayor and Councilmembers From: Bill Smith , Accounting Department Subject: Consent Agenda Item for 07/17/2012 Council Meeting Contact: Michael Dane , Acting City Manager 657-4268 Caption: Consent Item Consideration of accepting the City of San Angelo’s FY2011 Comprehensive Annual Financial Report (CAFR) as presented through the city’s audit committee. Summary: The CAFR is an audited report that provides financial information on the City of San Angelo. It is for the fiscal year ended September 30, 2011. History: An audit is required and completed on an annual basis and covers the City’s fiscal year beginning October 1 and ending September 30. Financial Impact: None Related Vision Item (if applicable): None. Other Information/Recommendation: None Attachments: Audit Linked and CD sent in council packets. Presentation: None Publication: None. Reviewed by Service Area Director: Adopted: 5/30/03 Revised: 1/16/08
  • 164. City of San AngeloMemoDate: July 17th, 2012To: Mayor and City Council membersFrom: AJ Fawver, Planning ManagerSubject: Limited prohibition of parking in yardsContact: AJ Fawver, Planning Manager 657-4210Caption: Second Public Hearing and consideration of an Ordinance amending Chapter 8 (Offenses and Nuisances) in the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE____________________________________________________________________________________Summary: At the requests of Council members Adams and Alexander, staff members have put together a draft ordinance to address the issue of parking in residential yards, while at the same time recognizing that there are some circumstances which may render some areas more suitable for doing so than others.History and Background:The issue of parking in residential yards was discussed in December of 2003, when amember of the Legal staff presented a draft ordinance which would prohibit parking inresidential front yards. The City Council at that time decided to take no action and didnot change the regulations.
  • 165. In October of 2009, the matter was again presented for discussion by the DevelopmentCoordinator at that time. Discussion centered around what other cities did to regulatethe practice, and Council members asked that staff continue to look into the matter.In May of 2011, the matter was again presented to the City Council as a matter foraction, based on a draft ordinance. No action was taken at this time.This item was presented for a vote on May 15th, 2012. At this time, the motion forapproval failed by a vote of 3-3, with Hirschfeld, Morrison, and Silvas voting inopposition.The item was presented again for a vote on June 19th, at which time the motion wasmade, and passed by a vote of 5-2, to accept the draft with additional exceptions to beincluded in the ordinance. These included: • In the absence of a driveway, allowance to park within the perpendicular boundary of the curb cut leading to a garage or carport; • In the absence of a driveway, allowance to park within the perpendicular boundary of the curb cut throughout the parcel; or • In the absence of a parking area or curb, allowance to park on the property, perpendicular to the street, on either side of the home.Analysis:After meeting with Council members Adams and Alexander to discuss the matter, staffput together a draft ordinance which attempts to bridge the gap between the twoprevious discussions. While the 2003 discussion was with a different Council thatgenerally did not feel compelled to act, the 2009 discussion seemed to have oneconsensus: that the regulations, if pursued at some point, not prohibit this type of parkingentirely. Rather, it recognized that there might be some instances in which it should beallowed. Staff’s draft ordinance attempts to recognize such circumstances.Basically, this proposed ordinance prohibits the parking of vehicles on unimproved (asdefined in the ordinance) surfaces as a nuisance, with the following exceptions, includingthose added by Council in their most recent action on June 19th: (1) Parking in an area screened from public view with a fence or wall 6’ in height; (2) Parking in a rear yard not adjacent to a street right-of-way;
  • 166. (3) Residential lots on streets 36’ wide or narrower; (4) Parking of a vehicle with a valid handicapped license plate or mirror hanger. (5) Parking, in the absence of a driveway, perpendicular to the street by parking within the boundaries created by the extension of the outside edges of the existing curb cut, leading to the garage and/or carport structure. (6) Parking, in the absence of a driveway, perpendicular to the street by parking within the boundaries created by the extension of the outside edges of the existing curb cut, to the termination of the property line. (7) Parking, in the absence of a curb cut, perpendicular to the street on either side of the residence.Fiscal Impact: N/ARelated Vision Items: Establish appropriate regulations to protect neighborhoods Provide adequate amenities for all neighborhoods Cleaner neighborhoodsRecommendation: City staff recommends approval as presented; the various definitions and exceptions in the ordinance appear to address concerns discussed in previous discussions on this issue.Attachments: draft ordinancePublication: not applicablePresentation: AJ Fawver, Planning ManagerApproved:
  • 167. AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES)BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OFVEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONSAND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FORSEVERABILITY; PROVIDING A PENALTY AND PROVIDING ANEFFECTIVE DATE:WHEREAS, the appearance of residential neighborhoods is enhanced byencouraging clear demarcation between improved surfaces intended for off-street parking and grass-covered surfaces contributing to natural beautyand openness in the residential environment; andWHEREAS, both off-street parking and grass-covered surfaces, inmeasured amounts and clearly distinct from one another, contribute to thecomfortable enjoyment of life and property in residential districts; andWHEREAS, off-street parking on unimproved surfaces prevents growth ofvegetation, contributing to sediment-laden, contaminated runoff; andWHEREAS, the appearance of healthy residential impacts is negativelyblighted by a reduction of openness; andWHEREAS, safety issues are created by visual clutter which blocks sightlines for vehicular traffic; andWHEREAS, hazards are created for emergency vehicles by obstructingaccess; andWHEREAS, a blurred distinction between natural areas and off-streetparking areas does diminish the quality and value of not only the propertywhere this occurs but of other nearby properties, as well; NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO:1) THAT Chapter 8 in the Code of Ordinances, City of San Angelo,Texas is hereby amended by adding the following Article 8.1000 theretoand which concerns prohibiting parking vehicles on unimproved surfaces, inresidential districts:
  • 168. ARTICLE 8.1000 PARKING VEHICLES ON UNIMPROVED SURFACES Section 8.1001 DefinitionsThe following words and phrases when used in this article shall have themeanings respectively ascribed to them:fence or wall, privacy: A fence or wall made of wood, masonry or metal,permanently constructed of products commercially sold as fence materials,and which provides a solidly opaque barrier.improved surface: Asphalt, concrete, paving brick or an acceptable all-weather surface of compacted gravel, caliche or crushed rock, as follows:hot mix asphaltic concrete having minimum thickness 1¼ inches, over a 4-inch stabilized base consisting of compacted crushed stone, cement-treatedbase, or soil cement base;two-course penetration surface composed of two layers of crushed stoneand asphalt;reinforced concrete having a minimum thickness of 5 inches;interlocking concrete paving stones at least two inches thick on a baseconsisting of a layer of bedding sand over a minimum 4 inches of compactedcrushed stone, cement-treated base, or soil cement base; orcompacted gravel, caliche or crushed rock having a minimum depth of 6inches.lot: A tract or parcel of land potentially suitable for building purposes andlegally transferrable as a single unit of land. For the purposes of this article,a lot may or may not coincide with a lot shown on a recorded subdivisionplat.residential district: A residential zoning district according to the ZoningOrdinance of the City of San Angelo.vehicle: Shall include but not be limited to automobiles, trucks, trailers, semi-trailers, recreational vehicles, travel trailers, boats or other watercraft, andmotorcycles (not including bicycles and tricycles that are not motor-propelled).
  • 169. yard: An open, unoccupied space on the surface of a lot or tract of land, thatis unobstructed from the ground to the sky.yard, front: All that space on the surface of a lot, located between the streetright-of-way line and the apparent front line of the principal building on thatlot, extending across the full width of the lot. The depth of such yard shallinclude the entire area between said street right-of-way line and the mostremote point on an exterior wall of the apparent front face of that principalbuilding.yard, rear: All that space on the surface of a lot, located between the rearline (opposite the apparent front line) of the principal building on that lot andthe most proximate and nearly parallel property boundary (that being the rearboundary) on that same lot, extending across the full width of the lot. Thedepth of such yard shall include the entire area between said rear boundaryand the most remote point on an exterior wall of the rear face of that principalbuilding.yard, side: All that space on the surface of a lot, adjoining the sides of theprincipal building on that lot and located between the front and side yards.Section 8.1002 Parking Prohibited(a) The act or failure to act described in the following paragraph (b) shall constitute a nuisance and is therefore prohibited and unlawful.(b) Parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot (other than a municipal park or recreation area) in a residential district, except as allowed specifically below: (1) on an improved surface; or (2) in an area screened from public view, by a solidly opaque privacy fence or wall at least 6 feet in height and which otherwise conforms to height limitations proscribed by the Zoning Ordinance of the City of San Angelo.Section 8.1003 Additional ExceptionsThe prohibitions of this article shall also not apply to:(a) parking of trailers & semi-trailers used for recreational or home owner utility purposes & recreational vehicles, when excepted from parking
  • 170. prohibitions under Article 10.1000, Parking Restricted in Residential Districts, Section 10.1005, Exceptions;(b) parking, placing, depositing, leaving or permitting to remain any vehicle in the rear yard of any lot in a residential district, so long as the rear boundary of said lot is not adjacent to a street right-of-way;(c) parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot in a residential district, so long as said lot has access only to street(s) having an improved surface thirty-six feet (36’) or less in width;(d) parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot in a residential district, so long as such vehicle has a valid handicapped license plate or mirror hanger;(e) parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot in a residential district without a driveway so long as the vehicle is placed perpendicular to the street and within the boundaries created by the extension of the edges of the existing curb cut, leading to the garage and/or carport structure;(f) parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot in a residential district without a garage or carport so long as the vehicle is placed perpendicular to the street and within the boundaries created by the extension of the edges of the existing curb cut; and(g) parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot in a residential district without a curb cut, so long as the vehicle is placed perpendicular to the street and on either side of the residence.Section 8.1004 DefensesIt is a defense to prosecution under Section 8.1002 that the vehicleunlawfully parked, placed, deposited, left or permitted to remain is registeredto a person residing on the lot where the offense occurs, but such realproperty is rented or leased from another person, firm or corporation, inwhich case only the registered vehicle owner(s) shall be subject toprosecution, not the real property owner.
  • 171. 1) THAT the following severability clause is adopted with this amendment: SEVERABILITY:That the terms and provisions of this Ordinance shall be deemed to beseverable in that, if any portion of this Ordinance shall be declared to beinvalid, the same shall not affect the validity of the other provisions of thisOrdinance.2) THAT the following penalty clause is adopted with this amendment: PENALTYAny person who violates any provision of this article shall be guilty of amisdemeanor and, upon conviction thereof, shall be subject to a fine asprovided for in Section 1.106 of the Code of Ordinances, City of San Angelo,Texas. Each day of violation shall constitute a separate offense.3) THAT this Ordinance shall be effective on, from and after the date 365 days following the date of its adoption. INTRODUCED on the _______ day of _________________ 2012, and finally PASSED, APPROVED and ADOPTED on this the _______ day of ___________________, 2012. CITY OF SAN ANGELO by: _____________________________ Alvin New, Mayor ATTEST: by:_____________________________ Alicia Ramirez, City Clerk
  • 172. APPROVED AS TO CONTENT: APPROVED AS TO FORM:________________________ _________________________A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 173. City of San AngeloMemo Date: June 29, 2012 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for July 17, 2012 Council Meeting Contact: Carl White, Parks & Recreation Director – 657-4279 Caption: Regular Agenda Item Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Mayor and/or Interim City Manager to execute said agreement. Summary: Two Pro Management (Two Pro) and City Staff recommend approval of a First Amended Agreement for management and operation of the Santa Fe Golf Course. Key elements of the existing agreement include: • Two Pro to provide golf course management services for the Santa Fe Municipal Golf Course including: maintenance, operation, marketing, programming and improvements (in cooperation with the City). • 5-year term beginning June 2010, with 1 option to extend for an additional 5 years. • City pays Two Pro a management fee, currently at $75,000/year. • Two Pro to pay to City, at end of each FY, 20% of gross revenues generated which exceeds $135,000. Gross revenues include proceeds from concessions, green fees, tournaments, merchandise, rentals and permanent advertising. Here is the current situation: • Two Pro has attempted to generate revenues for permanent advertising but has not been successful due to code restrictions and the desires of nearby residents to limit visible advertising. Two Pro states their inability to sell advertising at the course limits their gross revenues. • In order to continue the management services agreement, Two Pro has asked for additional compensation. The proposed First Amended Agreement includes the following changes: • A new term, effective upon approval, ending September 30, 2015. • Management fee increased to $95,000 for this fiscal year, then lowered amounts for subsequent years – FY 12-13 = $85,000, FY 13-14 = $80,000 and FY 14-15 = $75,000. • Two Pro payment at the end of the FY = 50% of the gross revenues Adopted: 5/30/03 Revised: 6/21/10
  • 174. generated which exceeds $115,000. • Gross revenues include proceeds derived from concessions, green fees, tournaments, merchandise, rentals and other potential revenues, not including management fees. • Beginning 1 Oct. 2012, the City may allocate up to $2,500 in any one quarter of operation based on specific factors. If the majority of days in any one quarter recorded less than average rainfall or were spent in DS II or III, up to $2,500 may be credited, on a pro-rated basis, to golf course water bills for the affected quarter. Credits would be paid from the City’s management account to the Water Fund account, reducing the amount of reimbursement due from Two Pro for the same period. • All other essential existing terms of the original agreement to stay in effect.History: Council authorized negotiation and execution of the initial agreement on May 18, 2010. The agreement was executed on June 14, 2010. The course was renovated the summer of 2010 and reopened September 2010. The first full year of operation of the course was perhaps the most difficult year for golf courses in recent memory due to the drought and elevated summer temperatures. Council discussed a possible first amended agreement at the June 5 meeting and directed staff to re-negotiate the agreement, ensuring reduced payments for subsequent years and devising a method to allocate additional funds for water, if justified. Council also asked for additional financial information from Two Pro showing revenues and expenditures for each year of operation.Financial Impact: The financial impact is an additional $20,000 from the General Fund for this fiscal year.Related Vision Item N/A(if applicable):Other Information/ Staff recommends approval.Recommendation:Attachments: First Amended Agreement (which includes the Initial Agreement)Presentation: Verbal and PowerPointPublication: N/AReviewed by Rick Weise, Assistant City ManagerDirector:Approved by Legal: July 2, 2012
  • 175. FIRST AMENDED SANTA FE MUNICIPAL GOLF COURSE SERVICES AGREEMENT This First Amended Santa Fe Municipal Golf Course Services Agreement (“First AmendedAgreement”) is made and entered into this ____ day of ________________, 2012 between the CITYOF SAN ANGELO, TEXAS, a Texas home-rule municipality (“City”) and TWO PRO CLUBMANAGEMENT, LLC, a Texas limited liability company (“Two Pro”). WHEREAS, City and Two Pro entered into a Santa Fe Municipal Golf Course ServicesAgreement effective June 14, 2010 (“Agreement”), a copy of which is attached to Amendment asAttachment “A,” attached herein as for reference; and WHEREAS, City and Two Pro now desire to amend Agreement to change certainprovisions of Agreement and enter into First Amended Agreement. NOW THEREFORE, in consideration of the premises, and of the mutual promises,covenants and agreements of the parties hereinafter set forth, it is hereby agreed between the partiesthat Agreement shall be and the same is hereby amended as follows: FIRST. Amendment to Article V, SERVICES TO BE PROVIDED BY TWO PRO,Section 5.3, Prior Written Approval, Subsection (b). Agreement shall be and the same is amended bystriking therefrom Article V, SERVICES TO BE PROVIDED BY TWO PRO, Section 5.3, PriorWritten Approval, Subsection (b), and by substituting in lieu thereof a new Article V, SERVICES TOBE PROVIDED BY TWO PRO, Section 5.3, Prior Written Approval, Subsection (b) to read asfollows, to-wit: 5.3 Prior Written Approval. (b) Required when making improvements to Premises that exceed Two Thousand Five Hundred and No/100 Dollars ($2,500.00) in value. SECOND. Amendment to Article V, SERVICES TO BE PROVIDED BY TWO PRO,Section 5.4, Capital Improvements. Agreement shall be and the same is amended by striking and
  • 176. deleting therefrom Article V, SERVICES TO BE PROVIDED BY TWO PRO, Section 5.4, CapitalImprovements in its entirety. THIRD. Amendment to Article VII, MANAGEMENT FEE. Agreement shall be andthe same is amended by striking therefrom Article VII, MANAGEMENT FEE and by substituting inlieu thereof, a new Article VII, MANAGEMENT FEE to read as follows, to-wit: VII. MANAGEMENT FEE 7.1 Management Fee. City shall pay to Two Pro a management fee (“MANAGEMENT FEE”) for the Services provided under First Amended Agreement for the time periods as follow: (a) For the period beginning October 1, 2011 through September 30, 2012, a total amount of Ninety-Five Thousand and No/100 Dollars ($95,000.00). i. Two Pro acknowledges that as of the date of execution of this First Amended Agreement, the total outstanding amount due from City under subsection (a) is Thirty-Eight Thousand Seven Hundred Fifty and No/100 Dollars ($38,750.00). ii. City shall be required to pay said outstanding balance due under Subsection 7.1 (a)(i) as follows: Twenty Thousand and No/100 Dollars ($20,000.00) on or before August 1, 2012 and Eighteen Thousand Seven Hundred Fifty and No/100 Dollars ($18,750.00) on or before September 30, 2012. (b) For the time period beginning October 1, 2012 through September 30, 2013, a total amount not to exceed Eighty-Five Thousand and No/100 Dollars ($85,000.00). (c) For the time period beginning October 1, 2013 through September 30, 2014, a total amount not to exceed Eighty Thousand and No/100 Dollars ($80,000.00). (d) For the time period beginning October 1, 2014 through September 30, 2015, a total amount not to exceed Seventy-Five Thousand and No/100 Dollars ($75,000.00).
  • 177. 7.2 Payment Schedule. City shall be required to pay the total annual amount due as set forth in paragraph 7.1(b) – (d) quarterly as follows:  City shall pay to Two Pro twenty-five percent (25%) of Management Fee on or before December 31 of each year;  City shall pay to Two Pro twenty-five percent (25%) of Management Fee on or before March 31 of each year;  City shall pay to Two Pro twenty-five percent (25%) of Management Fee on or before June 30 of each year; and  City shall pay to Two Pro twenty –five percent (25%) of Management Fee on or before September 30 of each year. FOURTH. Amendment to Article VIII, CAPITAL IMPROVEMENTS. Agreement shallbe and the same is amended by striking and deleting therefrom Article VIII, CAPITALIMPROVEMENTS in its entirety. FIFTH. Amendment to Article IX, CITY COMPENSATION. Agreement shall be andthe same is amended by striking therefrom Article IX, COMPENSATION and by substituting in lieuthereof, a new Article IX, COMPENSATION to read as follows, to-wit: IX. CITY COMPENSATION. 9.1 Gross Revenues. For purposes of this Agreement, gross revenues shall include proceeds derived from concessions, green fees, tournaments, merchandise, rentals, and any other actual proceeds on revenue received by Two Pro with respect to the operation of the Santa Fe Municipal Golf Course by Two Pro. The management Fee shall not be considered proceeds or revenue for any reason under this Article IX (“Gross Revenues”). 9.2 City Compensation. For each year during the term of this Agreement, beginning October 1, 2012, Two Pro shall pay City an amount equal to fifty percent (50%) of Gross Revenues generated from the operations of Premises when Gross Revenues reach or exceed One Hundred Fifteen Thousand and No/100 dollars ($115,000.00).
  • 178. 9.3 Payment of City Compensation. Two Pro shall pay any compensation owed City pursuant to Section 9.2 above on or before October 31, of each respective year, with the first payment, if any, being due on or before October 31, 2012. SIXTH. Amendment to Article X, OPERATING EXPENSES. Agreement shall beand the same is amended by striking therefrom Article X, OPERATING EXPENSES and bysubstituting in lieu thereof a new Article X, OPERATING EXPENSES to read as follows, to-wit: X. OPERATING EXPENSES 10.1 Maintenance and Personnel Costs. Subject to Paragraph 10.3, normal maintenance costs, including, without limitation, utilities and water, pro shop personnel, grounds maintenance personnel, and other day to day maintenance costs shall be paid out of Gross Revenues. 10.2 Personnel. Pro shop personnel, concession personnel, and grounds maintenance personnel shall be paid out of Gross Revenues. 10.3 Water Contingency Funds. Beginning October 1, 2012, City reserves the right to allocate up to Two Thousand Five Hundred and No/100 Dollars ($2,500.00) in any one quarter of operation based on the following two factors: drought contingency stage and lower than average rainfall. If the majority of days in any one quarter recorded less than average rainfall or were spent in Drought Contingency Stage II or III, up to Two Thousand Five Hundred and No/100 Dollars ($2,500.00) may be credited to golf course water bills for the affected quarter. Credits will be paid from the City’s golf course management account to the Water Fund account. SEVENTH. Remaining Terms and Conditions. All other provisions of Agreement notspecifically amended hereby remain in full force and effect throughout the remaining term ofAgreement as written. In the event of conflict between Agreement and First Amended Agreement,the order of precedence shall be First Amended Agreement and then Agreement.
  • 179. IN WITNESS WHEREOF, the undersigned have executed or caused to be executed thisFirst Amended Agreement for Santa Fe Municipal Golf Course Services as of the date first abovewritten. City of San Angelo ______________________________ Michael Dane, Interim City ManagerATTEST:_______________________________Alicia Ramirez, City Clerk Two Pro Club Management ______________________________ William Kevin Collins, Manager
  • 180. FIRST AMENDED SANTA FE MUNICIPAL GOLF COURSE SERVICES AGREEMENT BETWEEN CITY OF SAN ANGELO, TEXAS AND TWO PRO GOLF MANAGMENTAPPROVED AS TO CONTENT: APPROVED AS TO FORM:____________________________ _____________________________Carl White, Director of Department of Lysia H. Bowling, City AttorneyParks & RecreationDate ______________ Date _____________
  • 181. City of San AngeloMemo Date: June 29, 2012 To: Mayor and Council Members From: Carl White, Parks and Recreation Director Subject: Agenda Item for July 17, 2012 Council Meeting Contact: Carl White, 234-1724 Caption: Regular Item Consideration of adopting the Fairmount Cemetery Master Plan and any action related thereto. Summary: The Friends of Fairmount, the Fairmount Cemetery Board and City Staff recommend adoption of the Fairmount Cemetery Master Plan. Friends of Fairmount engaged the services of Komatsu Architecture of Fort Worth, Texas, to research and prepare the plan. To meet the future burial needs for the City of San Angelo as well as enhance the ceremonial experience, the Friends of Fairmount and the Fairmount Cemetery Board envisioned a long-range plan that would: • optimize the economic and physical longevity of the cemetery, • utilize sustainable features and trends, • embrace the future prospects of the cemetery as a significant historic city park space and • identify and prioritize potential capital improvement projects. To meet these goals, the master plan proposes the addition of columbaria for more burial space, new and remodeled buildings and features, enhanced landscaping along view corridors, technological and convenience concepts to enhance the visitor experience, and the establishment of an architectural theme for all future improvements. Six architectural concepts are presented for both existing and proposed cemetery features and structures: • main entrance feature, • columbaria, • restroom facility, • gazebo, • St. Francis area and • Multi-use building and maintenance facility. In addition to the architectural concepts, a tree survey and narrative is included to help manage the landscape. Adopted: 5/30/03 Revised: 6/21/10
  • 182. Adoption of the master plan will provide us with an official road map to follow to meet the identified goals.History: On August 18, 2009, after hearing a presentation from the Friends of Fairmount regarding needed improvements to the cemetery, City Council directed that a master plan be conducted for Fairmount Cemetery. The City was unable to fund the commissioning of the plan, so the Friends of Fairmount raised the funds through donations and grants in the amount of $46,000.00 and commissioned the plan in April 2011. The plan was completed in June 2012.Financial Impact: There is no financial impact for adopting the plan. Improvements proposed in the plan would need to return to Council for separate consideration for approval and funding.Related Vision Item This item is supported by the Successful Neighborhood and Community Appearance Visions.(if applicable):Other Information/ Staff recommends adopting the Friends of Fairmount Master Plan. The FairmountRecommendation: Cemetery Board approved the plan on June 20, 2012.Attachments: Fairmount Cemetery Master PlanPresentation: Verbal and PowerPoint.Publication: N/AReviewed by Rick Weise, Assistant City Manager, July 2, 2012Director:Approved by Legal: N/A
  • 183. F AIRMOUN TC E M E T E RYMASTER PLAN July 2, 2012
  • 184. Table of ContentsAcknowledgments 3Introduction 5Summary 6Process 7Existing Site Plan 8Overall Master Plan 9Concepts Main Entrance Feature 11 Columbaria 14 Restroom Facility 19 Gazebo 22 St. Francis Area 24 Multi-Use Building 27 and Maintenance Facility Recommendations and Phasing 31Statement of Probable Cost 32Tree Summary and Narrative 412 Fairmount Cemetery Master Plan
  • 185. AcknowledgmentsKomatsu Architecture wishes to thank the following people for their help in organizing,developing, and information gathering for this Fairmount Cemetery Master Plan.Friends of Fairmount Fairmount Cemetery2012 Board of Directors 2012 Board of DirectorsKay Rork President Beverly Stribling PresidentCora McGowan Vice President Eva Horton Vice PresidentAnn West Secretary Katie Johnson SecretarySharon Alexander Treasurer Carolyn CargileSusan Ball Donna CrispCandice Brewer Chris HoltMary Chatfield Jean JohnsonAmy Deadman Jackie MartinBarbara Hesse Eva Moutos-ChoateGerron Hite Mary Jane SteadmanAmanda Hooker Bitsy StoneWalter Noelke Ann WestBob Paschal Angela WilliamsRobert (Rob) Rainey Susan WilliamsMartha VisneyEx-officio Members: Ex-officio Members: Consultant Team:Susan Mertz Immediate Past Pres. Kay Rork President, Komatsu Architecture: Karl KomatsuBitsy Stone Membership, Web page Friends of Fairmount Les EdmondsBeverly Stribling President, Chris Steele Fairmount Cemetery Board Staff Liaisons: RVi Landscape Architecture: Mark SmithStaff Liaisons: Fairmount Cemetery Oscar Mota Cemetery Supervisor Renderings by: Robin FryeCarl White Dir., Parks and Rec. Dept. City of San AngeloOscar Mota Cemetery Supervisor, Carl White Dir., Parks and Rec. Dept. Fairmount Cemetery Master Plan 3
  • 186. AcknowledgementsThe Friends of Fairmount and Fairmount Cemetery Board would like to thank the followingfor funding the development of this Master Plan:Underwriters SponsorsMary Ellen Kent Bunyard Foundation Eva and Guy ChoateSan Angelo Health Foundation Kay and Chase Holland Jean and Jim JohnsonDonors Jackie and Terry Martin Cora and Wally McGowanSharon and John Alexander Martha and Robert VisneyCarolyn Cargile Susan and Lawrence WilliamsCity Lumber Brenda and Bryant WilliamsDonna and Richard CrispValery and Robert Frank Photographs provided byBrenda and Ken Gunter Jackie MartinEva and Lee Horton Mary Jane SteadmanJamie HuffmanMadolyn and Mort Mertz Editing Services provided bySusan and Mort Mertz Laura BehrensVirginia and Walter NoelkeKay and Louis RorkAnne B. ShahanBitsy and Hugh StoneBeverly and Ben StriblingAnn and John West4 Fairmount Cemetery Master Plan
  • 187. IntroductionFairmount Cemetery is San Angelo’s 119 is designated as a Texas Historic Cemeteryyear old, city owned cemetery. The Friends by the Texas Historical Commission. Inof Fairmount (FOF) was established in 1930, the cemetery was deeded to the City2005 as a non-profit, auxiliary group and placed under the supervision of thesupported by over 400 community Parks Commission. Within the cemeterymembers. The Fairmount Cemetery Board are areas identified as Pleasant View,(FCB) oversees the cemetery’s operations Independent Order of Odd Fellows, Greekand maintenance along with the cemetery Orthodox Cemetery, as well as unidentifiedstaff employed by the city. remains originally interred at the old City Cemetery.The FOF and the FCB felt a Master Planwas important at this time to assess and The cemetery has almost 2,000 feet ofdefine the cemetery’s physical, economic, street frontage on West Avenue N. Itand longevity needs and to suggest is bordered on the west by the Calvaryimprovements for meeting those needs in Cemetery which was also established inways which not only maintain Fairmount’s 1893 and is owned by the Catholic Diocesehistorical significance but also extend its of San Angelo. The Angelo State Universityeconomic life. intramural fields are located to the south, and the university’s physical plant occupiesThe FOF engaged the services of the property to the southwest. Various lightKomatsu Architecture, a Texas firm commercial properties are located to thespecializing in historic cemeteries, in April east.2011 to research and prepare a MasterPlan for Fairmount Cemetery. Komatsu Over 33,000 persons are buried inArchitecture suggested the addition of the Fairmount. An archeological surveyAustin-based landscape architecture firm of performed in 2006 located 575 availableRVi to identify the cemetery’s predominate grave sites on the property bringing thetree species and provide an assessment of total empty individual plots to 612. Thethe overall landscape health. cemetery holds approximately 100 funeral services each year.Fairmount was established in 1893 andover the years grew to the current size of 56acres. It is a perpetual care cemetery and Fairmount Cemetery Master Plan 5
  • 188. SummaryTo meet the future burial needs for the ▪▪ Restroom FacilityCity of San Angelo as well as enhance the ▪▪ Gazeboceremonial experience, the FOF and FCB ▪▪ St. Francis Areaenvisioned a long-range plan that would: ▪▪ Multi-Use Building and Maintenance Facility▪▪ Optimize the economic and physical longevity of the cemetery In addition to the architectural concepts,▪▪ Utilize sustainable features and trends a tree survey and narrative is included to▪▪ Embrace the future prospects of the help manage the landscape. cemetery as a significant historic city park space The Master Plan establishes an▪▪ Identify and prioritize potential capital architectural theme based on the features improvement projects and details found on the gazebo:To meet these goals, the Master Plan ▪▪ Buff colored brickproposes the addition of a columbaria for ▪▪ Green glazed clay barrel tile roofingmore burial space, new and remodeled ▪▪ Cast stonebuildings and features, enhanced ▪▪ Stuccolandscaping along view corridors, techno- ▪▪ Exposed timberlogical and convenience concepts to ▪▪ Archesenhance the visitor experience, and theestablishment of an architectural theme forall future improvements.Based on discussions with participantsin the Master Plan process and KomatsuArchitecture’s analysis of the existingconditions, six architectural concepts arepresented for both existing and proposedcemetery features and structures:▪▪ Main Entrance Feature▪▪ Columbaria6 Fairmount Cemetery Master Plan
  • 189. ProcessThe FOF hosted a design charrette in investigations of the existing conditions,2007 which identified the historic signif- FOF and City Staff determined the followingicance and needs of the cemetery as well concepts should be included in the Masteras recommendations for its future. The Plan:comprehensive, three-day explorationfocused on Fairmount’s past and potential. ▪▪ Address safety issues at the present main entrance on West Avenue NThe 2007 charrette highlighted the ▪▪ Find a location for columbariafollowing: ▪▪ Find a location for a chapel/large gathering/multi-use buildingFairmount Cemetery importance: ▪▪ Provide a location for restroom facilities▪▪ Youth outreach ▪▪ Provide a water feature at the St.▪▪ Knowledge base of local history Francis statue and enhance the▪▪ Event celebration landscaping in the triangle at Block 84▪▪ Collaboration opportunities Based on these five conceptual elements,Fairmount Cemetery needs: Komatsu developed the Master Plan.▪▪ Comprehensive landscape plan▪▪ Sustainability Komatsu developed an architectural theme for each of the concepts presented. ForRecommendations: this very important aspect of the Master▪▪ Establish design guidelines Plan, the designers looked to the cemetery▪▪ Relocate the main entrance and traffic Gazebo for inspiration. The Gazebo was flow built in 1911 and lies on an axis with the▪▪ Build a columbarium main entrance and at the heart of the▪▪ Build a chapel / public facility cemetery. The simple and elegant structure▪▪ Provide public restrooms was designed in the Italian Renaissance▪▪ Create a water source for wildlife style made popular in America from the mid-1800’s and early 1900’s. TheIn 2011, the Master Plan process began restrained detailing includes bracketedwith Komatsu Architecture analyzing the eaves, round top arches, cast stone trim,information presented in the charrette. stucco, interleaved brick detailing, and aBased on this analysis, research, and barrel clay tile roof. Fairmount Cemetery Master Plan 7
  • 190. Existing Site Plan Administration Building West Avenue N Main Entrance Calvary Cemetery Block 84 Gazebo St. Francis Statue Storage Shed ASU Physical Plant Maintenance Facility ASU Intramural Fields8 Fairmount Cemetery Master Plan
  • 191. Overall Master PlanFairmount Cemetery Master Plan 9
  • 192. 10 Fairmount Cemetery Master Plan
  • 193. Main Entrance FeatureThe current main entrance is well A broader and more prominent façadepositioned as the primary approach to the element with signage, lighting, and nativecemetery because of its close proximity landscaping will create an identifyingto the administrative office, West Avenue focal point and provide an entrance that isN and the direct axis to the Gazebo on helpful, safe, and beautiful.the tree-lined drive. Both the links to theadministrative office and the Gazebo offer The architectural theme of the Entrancevisitors landmarks to help orient them to Feature and other new additions to thethe cemetery layout. cemetery are elements taken from the existing Gazebo. The theme blends brickSeveral features should be considered to and cast stone as well as larger scaleaddress safety issues for cars exiting the honed limestone forming the arches.cemetery. The gates should be relocated atleast 25 feet south of West Avenue N with The Entrance Feature should includecurb radii of at least 30 feet. This will allow lighting elements for safety, identity, andcars more room to maneuver and increase aesthetics. The landscaped areas willthe site lines to oncoming traffic. The full provide opportunities for low native andextent of this relocation will be based on drought tolerant plants to further enhancethe proximity of nearby grave sites and the the identity of the cemetery. Prominentcompletion of a site topography and utility signage and ample space for thesurvey. Texas Historical Commission medallion designating the cemetery as a TexasNo traffic light, stop, or yield sign is Historic Cemetery will also be provided.suggested for this location because ofthe limited amount of traffic exiting and In addition to identifying the ingress andentering the cemetery; however, provisions egress point to the cemetery, this featurefor accent pavers extending across West also sets the tone for the overall cemeteryAvenue N will help identify this intersection experience, one of permanence, stability,to oncoming motorists. The addition of and civic pride.a new sidewalk at the curb in front of theentrance would contribute to improvedsafety and heighten awareness of theentrance. Fairmount Cemetery Master Plan 11
  • 194. Main Entrance Feature12 Fairmount Cemetery Master Plan
  • 195. Main Entrance Feature Fairmount Cemetery Master Plan 13
  • 196. Columbaria A columbarium is a vault with niches for cinerary urns. There are many manufac- turers of columbarium niches. The niches are generally constructed of pre-cast concrete and are offered in a variety of configurations. The concept for the Fairmount Columbaria is a linear path using a 4-niche-high by 9-niche-wide pattern. The pre-manufactured vaults will be placed on a concrete foundation. Exterior cladding materials will be installed on site.14 Fairmount Cemetery Master Plan
  • 197. ColumbariaWhen Fairmount was established over This location also allows north-south car100 years ago, fewer than one in one access to remain open; east-west drivehundred of all deaths used cremation. closures will not adversely affect trafficIn 2006 about one-third of deaths in the patterns. The columbaria location in theU.S. used cremation as the burial option. cemetery is easily found southwest of theThis national rate continues to climb and Gazebo off the primary entrance drive.is expected to reach one-half by 2025. It offers areas for privacy and reflection.Cremain burials increased significantly at The plan includes landscaped pathwaysFairmount Cemetery in 2011, reflecting with benches and locations for accessiblethis nationwide increase. parallel parking.Some factors contributing to this trend are: The material selections for the columbarium▪▪ Economic hardships that create a need include honed natural limestone pilasters for less expensive burials with cast stone copings. The columbarium▪▪ More cemeteries offering columbarium niches will be faced with marble or granite burials held in place with brass or stainless steel▪▪ Acceptance of cremation by more fittings. religions▪▪ Increased receptivity to non-traditional The plan envisions space for 6 two-sided burial ceremonies columbaria with a total niche count of 1,296▪▪ Fewer people with reserved spaces in and the potential to generate revenue. family burial plots▪▪ Heightened environmental awareness Trees will be added to provide shade, and about full body burial and land use perennial planting beds will be placed to accent the decomposed granite or otherKomatsu Architecture found an appropriate porous material pathways and seatinglocation for building columbaria structures areas.by closing three east-west cross drives.This location provides for a three-phasedconstruction effort, allowing time forfund-raising and budgeting. Fairmount Cemetery Master Plan 15
  • 198. Columbaria16 Fairmount Cemetery Master Plan
  • 199. ColumbariaFairmount Cemetery Master Plan 17
  • 200. 18 Fairmount Cemetery Master Plan
  • 201. Restroom FacilityPublic restrooms were identified as a need Architectural elements from the Gazeboin the 2007 design charrette. This need was will be incorporated into the design of thereinforced in the more recent discussions Restroom Facility. The Restroom Facilitywith the FOF and FCB. will also incorporate a breezeway design linking the parking spaces to the graveThere is a non-accessible restroom facility sites. The breezeway will lend itself to thewithin the cemetery which is not well use of exposed timber roof framing. Thisidentified, nor is it constructed to current breezeway will also provide additionalcode standards. This cinder block building opportunities for natural ventilation intooffers little opportunity for reuse; however, the toilet rooms. The exterior walls willthe site is centrally located and therefore a consist of a buff brick wainscot cappedgood candidate for a new structure. by cast stone with stucco extending to the roof rafters. Translucent glazed archedThe Master Plan proposes that this building windows will be used to provide naturalbe demolished and a new accessible light into the interior. A green glazed clayrestroom facility be constructed. The site barrel roof will be used on the roof.offers enough space to include a storageroom as well as two parking spaces. Sustainable features of the Restroom Facility will include a well insulated wall and roof system, low-water use plumbing fixtures, occupancy-sensor lights, natural ventilation and lighting, pervious paving, and generous roof overhangs for shading. Landscaping materials will be selected from the region and will be drought tolerant. New trees will be locally selected and positioned for optimal shading. Capturing and collecting rainwater from the roof to use for drip irrigation should also be considered. Criteria for a LEED® Silver rating will be the design and construction goal for the Restroom Facility. Fairmount Cemetery Master Plan 19
  • 202. Restroom Facility20 Fairmount Cemetery Master Plan
  • 203. Restroom FacilityFairmount Cemetery Master Plan 21
  • 204. Gazebo The Gazebo is the focal point of the entire Cemetery grave site locator kiosks provide cemetery and is the first landmark that a way of displaying a cemetery map along the visitor encounters. The Master Plan with burial information and grave locations. suggests capitalizing on this location by Kiosks are constructed with durable better defining the roundabout surrounding materials, are weather resistant, and it. Because of the relationship to the main provide easy access for handicapped entrance, the Gazebo lends itself to being persons. A list of people and a map of the the main orientation feature. The Gazebo cemetery plots will allow visitors to easily also offers the most appropriate location find their friends and family. for an electronic grave site locator. The expanded roundabout will allow the The computer touch screen digital kiosks cemetery visitor the opportunity to park are the most advanced, expandable, and and enter the Gazebo to use the grave site dynamic directories. These directories are kiosk. In addition to parking, the roundabout run from a computer, are housed in the will include enhanced landscaping, seating kiosk structure, and use a touch screen area, and sites for memorials or public art. and a software program that will search and navigate through the cemetery’s As noted throughout the Master Plan, the information. The program displays architectural elements already established cemetery maps and locations of graves by the Gazebo will be used as the basis for as well as personal photos, obituaries and the design features of the other cemetery genealogy information. concepts.22 Fairmount Cemetery Master Plan
  • 205. GazeboFairmount Cemetery Master Plan 23
  • 206. St. Francis Area The current setting of the St. Francis statue offers the cemetery visitor a shady place with an atmosphere of serenity and contemplation. The Master Plan suggests several features to be added to this area. The statue is well located on one of the cemetery’s major drives. Adding parallel parking spaces will help identify this area as a destination. A small, low-maintenance water feature will not only add tranquility to this area, it will also offer a water source for the cemetery’s wildlife. Comfortable benches will be located at the statue, affording visitors opportunities for rest and reflection. Native and drought-tolerant landscape materials will be used as well as walking surfaces using pervious paving materials. The triangle of ground at the transition of the drive at Block 84 is currently free of grave sites and therefore offers a well positioned space for a memorial and place of meditation. This location is the termination of a major view corridor on an axis with the Gazebo. This use will establish the area as a cemetery landmark, drawing visitors to the west and giving them a point of reference. Similar landscaping and paving proposed for the St. Francis statue will be used.24 Fairmount Cemetery Master Plan
  • 207. St. Francis AreaFairmount Cemetery Master Plan 25
  • 208. 26 Fairmount Cemetery Master Plan
  • 209. Multi-Use Building and Maintenance FacilityThe new Multi-use Building will allow the vestibule. Additional functions such Windows will offer natural lighting andthe option for on-site burial services in as a conference room and storage space views out of the building; generous roofan enclosed, temperature-controlled, can be accommodated as well as a small overhangs will shade these windows.chapel-like setting. The building also will preparation kitchen. Landscaping materials will be selectedbe a convenient place for gatherings after from the region and will be drought-tolerant.graveside services. Site amenities include an 18 car parking New trees will be selected and positioned area and a water feature with outdoor for optimal shading of the building andFor non-cemetery functions, the facility seating and planting beds. A living screen the parking area. Consideration shouldwill serve as the location and starting point wall of trees and shrubs will be located be given to paving the parking area withfor city-wide events such as Memorial Day between the Multi-use Building and the new pervious material. A geothermal heatingand Veterans’ Day as well as historical Maintenance Facility. Overflow parking will and air conditioning system should also bewalking tours of the cemetery. It can also be accommodated on the adjacent drives. considered. Another sustainable featuregenerate revenue as a fee-based, general is capturing and collecting rainwater frommeeting space. Sustainable features of the Multi-use the roof to use for drip irrigation of the Building will include a well insulated wall landscape beds. A LEED® Silver rating isThe Master Plan design concept of this and roof system, low-water use plumbing the goal for design and construction of thebuilding is one of a simple yet elegant fixtures, and occupancy-sensor lighting. project.structure which will fit comfortably into thecemetery setting. The suggested steeplypitched roof form and timber constructionwill present a ceremonial structure whilenot exhibiting an overly ecclesiasticaldesign. The material selections and designfeatures for the Multi-use Building will beborrowed from the Gazebo and give anopportunity to feature the use of a glazedgreen clay barrel tile for the roof.At 3,050 gross square feet, the buildingwill seat 168 people. For cateredevents, approximately 90 people can beaccommodated. Handicap accessibletoilets will be provided on either side of Fairmount Cemetery Master Plan 27
  • 210. Multi-Use Building and Maintenance Facility28 Fairmount Cemetery Master Plan
  • 211. Multi-Use Building and Maintenance Facility Fairmount Cemetery Master Plan 29
  • 212. 30 Fairmount Cemetery Master Plan
  • 213. Recommendations and PhasingIt is not possible for the City of San Angelo ▪▪ Enhancing the St. Francis area withto implement all of the concept ideas landscaping, a water feature, and apresented in this Master Plan in a single Memorial Triangle will also enhance theconstruction project; therefore, a phasing visitors experience. It offers a contem-plan is presented here. The following plative space and a refuge for wildlife.prioritized list should be considered: ▪▪ The new Multi-use Building and▪▪ The new Main Entrance Feature will Maintenance Facility are important greatly enhance the visibility, safety additions to the cemetery. By providing and marketability of the cemetery and a location for the funerals/memorials, should be a top priority. meetings, ceremonies, receptions, and educational opportunities the Multi-use▪▪ Increasing the number of burial opportu- building and Maintenance Facility will nities by adding the Columbaria will better meet the growing needs of the increase the longevity and economic Fairmount Cemetery. The services viability of the cemetery. To lessen will also provide additional sources of the financial burden, the Columbaria income. could be separated into three or more phases.▪▪ The accessible Restroom Facility will enhance the cemetery visitors experience and should be among the top priorities.▪▪ Placing an electronic grave site locator in the Gazebo will positively impact the visitors experience and cemetery’s functionality. The roundabout could be a phased construction effort by providing parking, new paving surfaces, landscaped areas and memorials as funds are available. Fairmount Cemetery Master Plan 31
  • 214. Statement of Probable Cost The following statement of probable construction costs are based on 2012 labor and materials rates. These statements should be considered preliminary in nature and used for discussion purposes only. Many items may fluctuate because the level of detail has not been established. Once each concept is designed and engineered, a more accurate estimate will be established. A yearly escalation factor past 2012 should be added, as this will most likely be a long range, phased set of construction projects. The Master Plan provides statements of probable costs for the six concepts presented. Internal street paving improvements, grave site irrigation repairs, additions and updates, cemetery tree removal and replacement, as well as primary drive landscape enhancements, are not included. Other exclusions are site topographic and utility surveys, geotechnical reports, architectural and engineering fees, and city administrative costs.32 Fairmount Cemetery Master Plan
  • 215. Statement of Probable Cost Prepared by JUNE 6, 2012 KOMATSU ARCHITECTURE Main Entrance Feature Master PlanPROJECT: Fairmount CemeteryLOCATION: San Angelo, TexasSIZE: 3,800 AREACLIENT: Friends of Fairmount PROJECT # 2010.161------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - -------------- -ACCOUNT MAIN ENTRANCE FEATURE AREA NO. DESCRIPTION TOTAL COST COST------ - ---------- --------------------------------------- ------------------- ------- ---------------------- - -------------- - 2 SITE WORK I $ 106,975 I $ 28.15 | 3 BUILDING CONCRETE I $ 7,875 I $ 2.07 | 4 MASONRY I $ 39,900 I $ 10.50 | 5 METALS I $ - I $ - | 6 CARPENTRY I $ - I $ - | 7 MOISTURE PROTECTION I $ - I $ - | 8 DOORS/GLASS & GLAZING I $ - I $ - | 9 FINISHES I $ - I $ - | 10 SPECIALTIES (LETTERS) I $ 2,550 I $ 0.67 | 15 MECHANICAL I $ - I $ - | 16 ELECTRICAL I $ 8,250 I $ 2.17 | =========== ==== = = = = = = = = = = = = TOTAL DIRECT COST $ 165,550 $ 43.57 ***** PROJECT MARK-UPS***** OVERHEAD 6% $ 9,933 PROFIT 8% $ 13,244 GEN. COND. 6% $ 9,933 CONTINGENC 15% $ 24,833 ------------------- ------- - - - - - - - - TOTAL PROJECT $ 223,493 $ 58.81 Fairmount Cemetery Master Plan 33
  • 216. Statement of Probable Cost Prepared by JUNE 6, 2012Columbaria KOMATSU ARCHITECTURE Master Plan PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 20,000 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - ACCOUNT COLUMBARIA AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- --------------------- ------ ---------------------- - ---------------- - 2 SITE WORK I $ 231,050 I $ 11.55 | 3 BUILDING CONCRETE I $ 31,500 I $ 1.58 | 4 MASONRY I $ 107,400 I $ 5.37 | 5 METALS I $ - I $ - | 6 CARPENTRY I $ - I $ - | 7 MOISTURE PROTECTION I $ - I $ - | 8 DOORS/GLASS & GLAZING I $ - I $ - | 9 FINISHES I $ - I $ - | 10 SPECIALTIES (NICHES) I $ 259,200 I $ 12.96 | 15 MECHANICAL I $ - I $ - | 16 ELECTRICAL I $ 24,750 I $ 1.24 | ============ === = = = = = = = = = = = = TOTAL DIRECT COST $ 653,900 $ 32.70 ***** PROJECT MARK-UPS***** OVERHEAD 6% $ 39,234 PROFIT 8% $ 52,312 GEN. COND. 6% $ 39,234 CONTINGENCY15% $ 98,085 --------------------- ------ - - - - - - - - TOTAL PROJECT $ 882,765 $ 44.1434 Fairmount Cemetery Master Plan
  • 217. Statement of Probable Cost Prepared by JUNE 6, 2012 KOMATSU ARCHITECTURE Restroom Facility Master PlanPROJECT: Fairmount CemeteryLOCATION: San Angelo, TexasSIZE: 850 BLDSFCLIENT: Friends of Fairmount PROJECT # 2010.161------ - ---------- --------------------------------------- ------------------- ------- -------------------- - ------------------ -ACCOUNT RESTROOM FACILITY BLDSF NO. DESCRIPTION TOTAL COST COST------ - ---------- --------------------------------------- ------------------- ------- -------------------- - ------------------ - 2 SITE WORK I $ 93,738 I $ 110.28 | 3 BUILDING CONCRETE I $ 8,400 I $ 9.88 | 4 MASONRY I $ 35,000 I $ 41.18 | 5 METALS I $ - I $ - | 6 CARPENTRY I $ 6,000 I $ 7.06 | 7 MOISTURE PROTECTION I $ 13,665 I $ 16.08 | 8 DOORS/GLASS & GLAZING I $ 5,375 I $ 6.32 | 9 FINISHES I $ 18,063 I $ 21.25 | 10 SPECIALTIES (TOILET ACCESSORIES) I $ 1,488 I $ 1.75 | 15 MECHANICAL I $ 15,300 I $ 18.00 | 16 ELECTRICAL I $ 14,025 I $ 16.50 | =========== ==== = = = = = = = = = = = = = TOTAL DIRECT COST $ 211,053 $ 248.30 ***** PROJECT MARK-UPS***** OVERHEAD 6% $ 12,663 PROFIT 8% $ 16,884 GEN. COND. 6% $ 12,663 CONTINGENC 15% $ 31,658 ------------------- ------- - - - - - - - TOTAL PROJECT $ 284,921 $ 335.20 Fairmount Cemetery Master Plan 35
  • 218. Statement of Probable Cost Prepared by JUNE 6, 2012 KOMATSU ARCHITECTUREGazebo Master Plan PROJECT: Fairmount Cemetery LOCATION: San Angelo, Texas SIZE: 8,000 AREA CLIENT: Friends of Fairmount PROJECT # 2010.161 ------ - ---------- --------------------------------------- ---------------------- ------ ---------------------- - ---------------- - ACCOUNT GAZEBO AREA NO. DESCRIPTION TOTAL COST COST ------ - ---------- --------------------------------------- ---------------------- ------ ---------------------- - ---------------- - 2 SITE WORK I $ 177,438 I $ 22.18 | 3 BUILDING CONCRETE I $ - I $ - | 4 MASONRY I $ 2,500 I $ 0.31 | 5 METALS I $ - I $ - | 6 CARPENTRY I $ 15,000 I $ 1.88 | 7 MOISTURE PROTECTION I $ 2,100 I $ 0.26 | 8 DOORS/GLASS & GLAZING I $ - I $ - | 9 FINISHES I $ 6,400 I $ 0.80 | 10 SPECIALTIES (LOCATOR) I $ 40,000 I $ 5.00 | 15 MECHANICAL I $ - I $ - | 16 ELECTRICAL I $ 8,000 I $ 1.00 | ============= === = = = = = = = = = = = = TOTAL DIRECT COST $ 251,438 $ 31.43 ***** PROJECT MARK-UPS***** OVERHEAD 6% $ 15,086 PROFIT 8% $ 20,115 GEN. COND. 6% $ 15,086 CONTINGENCY 15% $ 37,716 ---------------------- ------ - - - - - - - - TOTAL PROJECT $ 339,441 $ 42.4336 Fairmount Cemetery Master Plan