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, April 16, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
San Angelo, TX 76903
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“West Texas Genealogy Appreciation Day”, April 26, 2013, Commemoration of the 40th Anniversary, to
be accepted by Susan Ball, President San Angelo Genealogical and Historical Society
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the April 2, 2013 City Council Regular meeting minutes
2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any
necessary related documents:
a. VM-06-13: Aerial Bucket Truck, National Joint Powers Association (NJPA) purchasing
cooperative contract #060311-All, $94,217.00
b. VM-07-13: Emergency Vehicle Upfit Equipment, GT Distributors (Austin, TX) Buyboard Contract
#363-10, $54,286.27
3. Consideration of matters related to CFM-02-13 Construction and Facilities Management Janitorial
Services: (submitted by Construction and Facilities Manager Ron Lewis)
a. Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities
City Council Agenda Page 1 of 5 April 16, 2013

2. Management Janitorial Services to Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial
Services and to authorize the City Manager to execute a services agreement, and related documents,
between the City of San Angelo and Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial
Services in accordance with said bid award; and providing for an effective date
b. a Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities
Management Janitorial Services to ABM Janitorial Service - South Central, Incorporated and to
authorize the City Manager to execute a services agreement, and related documents, between the City
of San Angelo and ABM Janitorial Service - South Central, incorporated in accordance with said bid
award; and providing for an effective date
c. Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities
Management Janitorial Services to Varsity Contractors, Incorporated and to authorize the City
Manager to execute a janitorial services agreement, and related documents, between the City of San
Angelo and Varsity Contractors, Incorporated in accordance with said bid award; and providing for
an effective date
4. Consideration of authorizing the sale of the following 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:
(submitted by Water Utilities Director Ricky Dickson)
a. 2810 Red Bluff Road, Lot 18, Group Red Bluff (Benetich),$91,800.00
b. 2165 Gun Club Road, Lot 10, Group 10 (Butts), $88,000.00
5. Consideration of adopting a Resolution authorizing the Mayor to execute a Special Warranty Deed
conveying all right, title and interest of the City of San Angelo:
a. 108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips,
$2,000
6. Consideration of adopting a Resolution authorizing the Mayor to execute a tax-resale (quitclaim) deed
conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in
the tax foreclosure judgment:
a. 2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No.
TAX91-0010B
b. 309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B
c. 310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6,
Block 3, Akins, $750, Suit No. TAX89-0364B
d. 115 W 16th Street, (Guerra), Lot 3, Block 11, Lasker, $1,900, Suit No. B-06-0088-T
e. 217 W 16th Street, (Guerra), Lot 3, Block 12, Lasker, $2,500, Suit No. B-05-0274-T
f. 2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-
0217B
g. 209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T
h. 1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T
i. 322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T
j. 613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T
k. 800 W 16th Street, (Roberts), Lot 10, Block 5, Mineola, $750, Suit No. TAX89-0032B
l. 804 W 16th Street, (Roberts), Lot 11, Block 5, Mineola, $750, Suit No. TAX91-0054B
m. 810 W 16th Street, (Roberts), Lot 12, Block 5, Mineola, $750, Suit No. TAX93-0151B
7. Consideration of approving a Recreational or Agricultural Lease agreement with MK-Allan
Enterprises, Inc., a Texas corporation for 9.77 acres of land located adjacent to the Concho River and
authorizing the City Manager or Water Utilities Director to execute the same (submitted by Water
Utilities Director Ricky Dickson)
City Council Agenda Page 2 of 5 April 16, 2013

3. 8. Consideration of adopting a Resolution authorizing the City Manager to execute a second amendment
to Commercial Lease Agreement with lessee, Lee Brown and Gale Brown , d/b/a Spring Creek
Marina, at Lake Nasworthy, specifically-describing the leased premises, providing for the non-
exclusive joint use of certain areas of the leased premises, and revising indemnification and insurance
requirements of lessee (submitted by Assistant City Manager Rick Weise and Water Utilities Director
Ricky Dickson)
9. Consideration of adopting a Resolution authorizing the City Manager to execute a first amended lease
agreement with Texas Southwest Council of the Boys Scouts of America, Inc, (formerly known as
Concho Valley Council, Inc., Boy Scouts of America) to amend original lease agreement between
City of San Angelo and Concho Valley Council, Inc., Boy Scouts of America, for lease of city
premises located at 104 West Veterans Memorial Drive, San Angelo, Tom Green County, Texas
(submitted by Parks and Recreation Director Carl White)
10. Consideration of adopting a Resolution authorizing the City Manager to execute a First Amendment to
Lake Nasworthy Cruise Boat Concession Agreement to: provide for a prorated credit against the
annual fixed base payment for days during a contract year in which lake level is insufficient for
operation of the cruise boat concession; clarify the beginning and ending months applicable to the
annual fixed base payment schedule; and describe the concession premises (submitted by Parks and
Recreation Director Carl White)
11. Consideration of adopting By-Laws for the Parks and Recreation Advisory Board (submitted by Parks
and Recreation Director Carl White)
12. Consideration of adopting a Resolution to approve the City of San Angelo’s participation in the Texas
Events Trust Fund for the National Reined Cow Horse Association 2013 Celebration of Champions in
the amount of $13,136.00 with a state match of $82,098.00, to create a total trust fund of $95,234.00
(submitted by Civic Events Manager Angelica Pena)
13. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser
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: 3512 Ben Ficklin Road, located approximately 200 feet east
from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically
occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes
Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance,
changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
14. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-08: Cho Walker
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: 1205 South Jackson Street; located approximately 75 feet
southwest from the intersection at South Jackson Street and West Avenue H. This property
specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo,
changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family
Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
City Council Agenda Page 3 of 5 April 16, 2013

4. 15. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel
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: a 7.938 acres at southwest corner of South Oxford Drive and
A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned
Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add
allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
16. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-10: Mills Development Inc.
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: An unaddressed tract occupying 8.895 acres of the Deaf & Dumb
Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March
5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This
property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6,
Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo,
changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
III. REGULAR AGENDA:
E. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real
property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
F. PUBLIC HEARING AND COMMENT
17. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related
thereto (Presentation by Morgan Chegwidden, Budget Manager)
18. Discussion and update on current water supply and any action in connection thereto (Presentation by
Water Utilities Director Ricky Dickson)
19. Discussion of late fees associated with delinquent water utility statements (Presentation by Water
Utilities Director Ricky Dickson)
City Council Agenda Page 4 of 5 April 16, 2013

5. 20. Update and presentation on Boards and Commissions regarding attendance, meeting quorum issues,
related matters, and any action in connection thereto (Presentation by City Clerk Alicia Ramirez and
related Board Liaisons)
G. FOLLOW UP AND ADMINISTRATIVE ISSUES
21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
22. Consideration of approving a Board nomination by Council and designated Councilmembers:
a. Civic Events Board: Estela Salas (SMD5) to an unexpired term October 2014
23. Consideration of Civil Service Commission nomination, Raul Lopez, by City Manager and approval
by City Council
24. Announcements and consideration of Future Agenda Items
25. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, April 11, 2013, at 5:30 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 5 of 5 April 16, 2013

6. City of San Angelo
Memo
Date: March 26, 2013
To: Councilmembers
From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance
Subject: Agenda Item for April 16, 2013
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of approving NJPA quote VM-06-13 for an aerial bucket truck and
authorizing the City Manager or designee to execute any necessary related
documents.
Summary: The Vehicle Maintenance Department requested a quote for an aerial bucket truck
for the use of the City’s Traffic Department. Altec Industries (Kaufman, TX) submitted a quote
through the National Joint Powers Association (NJPA) purchasing cooperative contract #060311-
All.
History: Quotes were requested for replacing current equipment that is past its useful
operational life. Vendor selection is based on the financial impact of the quote; inclusion and
pricing of items and options requested; the competence of the vendor regarding the purchase
transaction; and the after-sale benefits including location of warranty shops, parts supply lead-
time and availability, etc.
Financial Impact: The City will purchase one (1) aerial bucket truck from Altec Industries
through the NJPA purchasing cooperative for $94,217.00 expensed from the account number
501-3102-800-0742.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding quote and subsequent
purchase to Altec Industries (Kaufman, TX) through NJPA pricing.
Attachments: None
Reviewed by: Shane Kelton, Operations Director
X:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-06-13 - Bucket Truck.doc

9. City of San Angelo
Memo
Date: April 1, 2013
To: Councilmembers
From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance
Subject: Agenda Item for April 16, 2013
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of approving Buyboard quote VM-07-13 for Emergency Vehicle
Upfit Equipment and authorizing the City Manager or designee to execute any
necessary related documents.
Summary: The Vehicle Maintenance Department requested quotes for equipment used in the
upfitting process of emergency response vehicles. GT Distributors (Austin, TX) submitted a quote
through the Buyboard purchasing cooperative contract #363-10.
History: Quotes were requested for emergency lightbars, emergency lighting, prisoner transport
seats, and prisoner partitions used in the upfitting process by the Vehicle Maintenance
Department. Items chosen are those proven by San Angelo patrol officers to provide maximum
safety to officers and prisoners, prisoner confinement, and consistency and familiarity with
existing equipment.
Financial Impact: The City will purchase equipment for 17 vehicles for Police Patrol, Municipal
Court and Lake Patrol totaling $54,286.27 from their respective capital accounts.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding quote and subsequent
purchase to GT Distributors (Austin, TX) through Buyboard contract number 363-10.
Attachments: Buyboard Quote QTE0061884, QTE0060246 – GT Distributors
Reviewed by: Tim Vasquez, Chief of Police
X:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-07-13 - Emergency Vehicle
Upfit Equipment.doc

10. Quote QTE0061884
Date 1/9/2013
Page: 1
GT Distributors - Austin
P.O. Box 16080
Austin TX 78761
(512) 451-8298
Bill To: Ship To:
San Angelo, City of San Angelo, City of
Attn:Accounts Payable 1727 St. Ann St.
P.O. Box 1751 Attn: Patrick Frerich
San Angelo TX 76902 San Angelo TX 76905
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No.
TAHOE 003582 JD U NET 15 0/0/0000 956,316
Quantity Item Number Description UOM Unit Price Ext. Price
12 PG-P5712T12A* Progard 1/2 Polyc 1/2 Expanded Metal Window Each $413.44 $4,961.28
2010-2013 Tahoe
12 PG-SP57FW12* Progard Lower Ext. Panel Full Width Each $44.20 $530.40
12 PG-S5705T07* Progard ABS Std. Transport Seat with EA $723.52 $8,682.24
7ga Steel Screen Window
Cargo Barrier & seat mount kit
12 SET-WB-SUV-STEEL* Setina Window Barriers Steel EA $159.00 $1,908.00
2013 Tahoe
24 WE-LINZ6J Whelen Split Red Blue LED Lighthead EA $77.90 $1,869.60
All returns must be authorized by GT Distributors. Interest charges on past Subtotal $17,951.52
due invoices at the maximum rate allowed by law. Misc $0.00
Peter Hernandez Tax $0.00
does not include shipping cost Freight $0.00
Total $17,951.52

11. Quote QTE0060246
Date 11/1/2012
Page: 1
GT Distributors - Austin
P.O. Box 16080
Austin TX 78761
(512) 451-8298
Bill To: Ship To:
San Angelo, City of San Angelo, City of
Attn:Accounts Payable 1727 St. Ann St.
P.O. Box 1751 Attn: Patrick Frerich
San Angelo TX 76902 San Angelo TX 76905
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No.
WHELEN 003582 JD U NET 15 0/0/0000 920,955
Quantity Item Number Description UOM Unit Price Ext. Price
1 WE-VTX609J Whelen Vertex Split Red Blue EA $67.90 $67.90
1 WE-VTXFB Whelen Vertex Flange Kit Black EA $4.67 $4.67
1 WE-TXLIB-SR2PKG55 Whelen Liberty CenCom SA315P PKG 55" EA $2,259.95 $2,259.95
1 WE-TXLIB-SR8PKG Whelen Liberty CenCom SA315P PKG EA $2,259.95 $2,259.95
1 WE-SXTDLED Whelen Two High Int. LED Takedown Lights EA $213.00 $213.00
1 PG-WB56NPC11* Progard Black Powder Coated Steel Standard Push EA $149.90 $149.90
1 PG-S56C06* PG-Rear Seat-2004-08 Dodge Charger Grey EA $308.90 $308.90
1 PG-P5612C11A* Progard 1/2 Polyc , 1/2 Exp Metal Window Part. EA $414.50 $414.50
1 PG-RP56C11* Progard LEP 2011 Charger EA $59.95 $59.95
1 PG-PB56C11* Progard Black Powder Coated Steel Standard Push EA $177.25 $177.25
1 HS-C-VS-0809-CHGR-1*Havis 2011 Charger Vehicle Spec 17" Console EA $269.94 $269.94
1 HS-C-ARM-103* Havis Shield Adjustable Armrest EA $65.34 $65.34
1 HS-C-CUP2-I* Havis Shield-4 Inch High Plate-2 Cup Holders EA $27.68 $27.68
2 HS-MC* Havis Shields Mic Clip Only EA $7.26 $14.52
2 HS-MCB* Havis Shields Mic-Clip Bracket EA $9.24 $18.48
1 HS-EB30-EOR-1P* Havis Shield-Orion Radio Bracket EA $0.00 $0.00
1 HS-EB40-CCS-1P* Havis Shield-Equipment Bracket EA $0.00 $0.00

12. Quote QTE0060246
Date 11/1/2012
Page: 2
GT Distributors - Austin
P.O. Box 16080
Austin TX 78761
(512) 451-8298
Bill To: Ship To:
San Angelo, City of San Angelo, City of
Attn:Accounts Payable 1727 St. Ann St.
P.O. Box 1751 Attn: Patrick Frerich
San Angelo TX 76902 San Angelo TX 76905
Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No.
WHELEN 003582 JD U NET 15 0/0/0000 920,955
Quantity Item Number Description UOM Unit Price Ext. Price
1 HS-C-FP-2* Havis Shield-Two Inch Filler Plate EA $0.00 $0.00
1 HS-C-FP-1* Havis Shield-One Inch Filler Plate EA $0.00 $0.00
1 HS-C-FP-3* Havis Shield-3 Inch Filler Plate EA $0.00 $0.00
1 HS-C-TMW-CHGR-01* Havis-Console Mounting Base-Charger EA $83.70 $83.70
1 HS-C-TMW-GMC-02* Havis 28" Long Tunnel Mt. 2010 Tahoe/Sub EA $83.70 $83.70
All returns must be authorized by GT Distributors. Interest charges on past Subtotal $6,479.33
due invoices at the maximum rate allowed by law. Misc $0.00
Peter Hernandez Tax $0.00
Buyboard contract price Freight $175.00
on Whelen #363-10 Total $6,654.33

13. SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELO
AND ABM JANITORIAL SERVICES – SOUTH CENTRAL, INCORPORATED
RFB No. CFM-02-13
This Agreement is entered into this ___ day of ____________, 2013 (but effective as of
__________________________) by and between the City of San Angelo, a municipal
corporation of the State of Texas (“City”) and ABM Janitorial Services – South Central,
Incorporated, a foreign corporation (“Provider”).
RECITAL
A. City has issued a Request for Bid Construction & Facilities Management
Janitorial Services RFB No.CFM-02-13 (“RFB No.CFM-02-13”) for the provision of
professional janitorial services (“Services”) and Provider’s bid, in response thereto, has been
selected as the most qualified proposal for the provision of the Services. The RFB referred to
herein, collectively, as the Contract Documents, and are by this reference incorporated into and
made a part of this Agreement (“Agreement”).
B. On _____________, 2013, the City Council of City of San Angelo, approved the
selection of Provider and authorized the City Manager to execute a contract, under the terms and
conditions set forth herein.
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.

14. 2. TERM: The term of this Agreement shall be for three (3) years commencing on the
effective date hereof.
3. OPTION TO EXTEND: City shall have two (2) option(s) to extend the term hereof
for a period of one (1) year each, subject to availability, appropriation of funds and to agreement
of both parties. City Council approval shall not be required as long as the total extended term
does not exceed two (2) years.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Exhibit “A” attached hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to City that: (i) it possesses all qualifications,
licenses and expertise required for the performance of the Services; (ii) it is not delinquent in
the payment of any sums due City, including payment of permit fees, occupational licenses, etc.,
nor in the performance of any obligations to City; (iii) all personnel assigned to perform
Services are and shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; and (iv) Services will be performed in the manner described
in Contract Documents.
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates described in Exhibit “B” attached hereto, which by this reference is incorporated into
this Agreement.
B. Unless otherwise specifically provided in Exhibit “B”, payment shall be made
within thirty (30) calendar days after receipt of Provider’s invoice, which shall be accompanied
2

15. by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures should City require one to be performed. No advance payments shall be made at
any time.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of City. Provider agrees not to use
any such information, document, report or material for any other purpose whatsoever without the
written consent of City, which may be withheld or conditioned by City in its sole discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. City may, at reasonable times, and for a period of up to three (3) years following
the date of final payment by City to Provider under this Agreement, audit, or cause to be audited,
those books and records of Provider which are related to Provider’s performance under this
Agreement. Provider 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 Provider’s work and
perform such tests, as City deems reasonably necessary, to determine whether the goods or
services required to be provided by Provider under this Agreement conform to the terms hereof
and/or the terms found in Exhibit “A”, if applicable. Provider shall make available to City all
reasonable access and assistance to facilitate the performance of tests or inspections by City
representatives.
8. AWARD OF AGREEMENT: Provider represents and warrants to City that it has not
employed or retained any person or company employed by City to solicit or secure this
3

16. Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award
of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the
public to all documents subject to disclosure under applicable law. Provider’s failure or refusal
to comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by City.
10. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Provider, its
agents, employees and sub-providers understands that agreements between private entities and
local governments are subject to certain laws and regulations, including laws pertaining to public
records, conflict of interest, record keeping, etc. Provider agrees to comply with and observe all
applicable laws, city charter, codes and ordinances as they may be amended from time to time.
Provider must obtain all necessary permits and licenses that are required in completing the work
contracted for in this agreement.
11. VENUE: Venue for any cause of action arising under this contract is Tom Green
County, Texas. This contract is governed by the laws of the State of Texas both as to
interpretation and performance. This contract shall, in any dispute over its meaning or
application, be interpreted fairly and reasonably, and not more strongly for or against either
party.
12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City and its
officials, employees and agents (collectively referred to as “Indemnitees”) and each of them from
4

17. and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees)
or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any
person or damage to or destruction or loss of any property arising out of, resulting from, or in
connection with (i) the performance or non-performance of the services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or sub-providers (collectively referred to as “Provider”), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of provider to comply with any of the paragraphs herein or the failure of provider
to conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement. Provider
expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and
against all liabilities which may be asserted by an employee or former employee of Provider, or
any of its sub-providers, as provided above, for which provider’s liability to such employee or
former employee would otherwise be limited to payments under state Workers’ Compensation or
similar laws.
13. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by City to Provider while Provider was in default shall be
immediately returned to City. Provider understands and agrees that termination of this
5

18. Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to City for all expenses incurred by City in preparation and negotiation of
this Agreement, as well as all costs and expenses incurred by City in the re-procurement of the
Services, including consequential and incidental damages.
14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and City based upon an alleged violation of the terms of this
Agreement by City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds Twenty-five Thousand and 00/00 Dollars
($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.
Provider shall not be entitled to seek judicial relief unless: (i) it has first received the City
Manager’s written decision, approved by City Council if the amount of compensation hereunder
exceeds Twenty-five Thousand and 00/00 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 (ninety (90) days if the City Manager’s decision is
subject to City Council approval); or (iii) City has waived compliance with the procedure set
forth in this section by written instruments, signed by the City Manager.
15. CITY’S TERMINATION RIGHTS:
A. City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Provider at least five (5) business days prior to the effective date
of such termination. In such event, City shall pay to Provider compensation for services
6

19. rendered and expenses incurred prior to the effective date of termination. In no event shall City
be liable to Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. City shall have the right to terminate this Agreement, without notice to Provider,
upon the occurrence of an event of default hereunder. In such event, City shall not be obligated
to pay any amounts to Provider and Provider shall reimburse to City all amounts received while
Provider was in default under this Agreement.
16. INSURANCE: Provider 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
contract without thirty (30) calendar days prior written notice to City. Completed Certificates of
Insurance shall be filed with City prior to the performance of services hereunder, provided,
however, that Provider shall at any time upon request file duplicate copies of the policies of such
insurance with City.
If, in the judgment of City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, City reserves the
right to require the provision by Provider 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 provider fail or
refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s
7

20. written notice, this Contract shall be considered terminated on the date that the required change
in policy coverage would otherwise take effect.
17. SPECIAL INDEMNIFICATION AND INSURANCE:
A. INDEMNIFICATION:
1. GENERAL INDEMNIFICATION. PROVIDER 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 PROVIDER 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
PROVIDER, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE
OF PROVIDER 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 PROVIDER HEREUNDER.
THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS
AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED.
NOTHING HEREIN SHALL REQUIRE PROVIDER TO INDEMNIFY, DEFEND,
OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED
PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
2. ENVIRONMENTAL INDEMNIFICATION. PROVIDER AGREES TO
INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS,
BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS,
INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS
8

21. FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS,
SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES,
ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR
FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR
ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING
OUT OF PROVIDER’S HANDLING, COLLECTION, TRANSPORTATION,
STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY
PERSON UNDER PROVIDER’S DIRECTION OR CONTROL OF WASTE
COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP
ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER
SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR
SURFACE WATER CONTAMINATION. PROVIDER SPECIFICALLY
AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST
ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE
ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF
PROVIDER REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED.
PROVIDER SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL,
UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL
IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF PROVIDER
REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE
INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT
OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY
ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.
3. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY
PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION
OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER
OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER
AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF
THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY
(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST
9

22. CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR
OMISSIONS OF PROVIDER IN PERFORMING UNDER THIS AGREEMENT.
4. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN
THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND
ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT
BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY
HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS
BETWEEN CITY AND PROVIDER.
B. INSURANCE:
1. GENERAL CONDITIONS. The following conditions shall apply to all
insurance policies obtained by Provider for the purpose of complying with this
Agreement.
a) 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.
b) Named Insureds. All insurance policies required herein shall be drawn in
the name of Provider, 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.
c) Waiver of Subrogation. Provider 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.
d) Certificates of Insurance. At or before the time of execution of this
Agreement, Provider shall furnish City’s Risk Manager with certificates of insurance as
evidence that all of the policies required herein are in full force and effect and provide the
required coverage and limits of insurance. All certificates of insurance shall clearly state
that all applicable requirements have been satisfied. The certificates shall provide that
any company issuing an insurance policy shall provide to City not less than thirty (30)
days advance notice in writing of cancellation, non-renewal, or material change in the
policy of insurance. In addition, Provider and insurance company shall immediately
10

23. provide written notice to City’s Risk Manager upon receipt of notice of cancellation of
any insurance policy, or of a decision to terminate or alter any insurance policy. Copies
of required endorsements will be attached to the certificates to confirm the required
endorsements are in effect. Certificates of insurance and notices of cancellations,
terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W.
Beauregard Ave., San Angelo, Texas 76903.
e) Provider’s Liability. The procurement of such policy of insurance shall not
be construed to be a limitation upon Provider’s liability or as a full performance on its
part of the indemnification provisions of this Agreement. Provider’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 Provider to maintain adequate coverage shall not relieve Provider of any
contractual responsibility or obligation.
f) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and
Sub-Sub-Provider of Provider to purchase and maintain insurance of the types and in the
amounts specified below. Provider shall require Sub-providers and Sub-Sub-Providers to
furnish copies of certificates of insurance to Provider’s Risk Manager evidencing
coverage for each Sub-Provider and Sub-Sub-Provider.
2. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall
obtain and continuously maintain in effect at all times during the term hereof, at
Provider’s sole expense, insurance coverage as follows with limits not less than those set
forth below:
a) Commercial General Liability. This policy shall be an occurrence-type
policy and shall protect provider and additional insureds against all claims arising from
bodily injury, sickness, disease or death of any person (other than provider’s employees)
and damage to property of city or others arising out of the act or omission of provider or
its agents and employees. This policy shall also include protection against claims for the
contractual liability assumed by Provider under the paragraph of this Agreement entitled
“Indemnification,” including completed operations, products liability, contractual
coverage, broad form property coverage, explosion, collapse, underground,
11

24. premises/operations, and independent providers (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)
b) Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect Provider and the additional insureds against all
claims for injuries to members of the public and damage to property of others arising
from the use of motor vehicles and shall cover operation on and off the premises of all
motor vehicles licensed for highway use, whether they are owned, non-owned or hired.
Coverage shall be as follows:
$ 500,000.00 Each Accident Limit
c) Workers’ Compensation and Employer’s Liability. If Provider hires any
employees, Provider shall maintain Workers’ Compensation and Employer’s Liability
insurance, which shall protect provider 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, Provider 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 Agreement.
12

25. If Provider uses contract labor, Provider shall require its sub-provider to maintain the
above referenced coverage and furnish copies of certificates of insurance as required
herein.
18. NONDISCRIMINATION: Provider represents and warrants to City that Provider does
not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with Provider’s performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
19. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with
the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or
services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment
as required by IRCA.
20. INDEBTEDNESS TO CITY: Provider agrees that no payments owed by him, of any
nature whatsoever, to the City, including payment in advance for service charges or any sums of
any character whatsoever, shall become delinquent or in arrears.
21. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part,
without the prior written consent of City, which may be withheld or conditioned, in City’s sole
discretion.
22. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
13

26. address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO CITY: TO PROVIDER:
City of San Angelo ABM Janitorial Services-South Central, Inc.
Attn: Ron Lewis Attn: Tom McDonald
72 West College Avenue 809 North Judge Ely
San Angelo, Texas 76903 Abilene, Texas 79601
Phone: (325) 481-2773 Phone: (325) 677-1198
Email: ron.lewis@sanangelotexas.us Email: tom.mcdonald@abm.com
23. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Texas.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. 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.
D. 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 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.
14

27. E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
25. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to
provide services to City as an independent provider, and not as an agent or employee of City.
Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil
Service or Pension Ordinances of City, nor any rights generally afforded classified or
unclassified employees. Provider further understands that Texas Workers’ Compensation
benefits available to employees of City are not available to Provider, and agrees to provide
workers’ compensation insurance for any employee or agent of Provider rendering services to
City under this Agreement.
26. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT
PROGRAM: City has established a Historically Underutilized Businesses Procurement
Program (“HUB Program”) designed to increase the volume of City procurement and agreements
with minorities and women-owned businesses. Provider understand and agrees that City shall
have the right to terminate and cancel this Agreement, without notice or penalty to City, and to
eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false or misleading information as
to its status as a minority and/or a woman-owned business and/or the quality and/or type of
minority or woman-owned business participation.
15

28. 27. AMENDMENTS: City or Provider may amend this Contract at any time provided that
such amendments make specific reference to this Contract, and are executed in writing, signed
by a duly authorized representative of City and Provider, and approved by City. Such
amendments shall not invalidate this Contract, nor relieve or release City or Provider from their
respective obligations under this Contract.
28. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
29. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in this Agreement, and included in Exhibit “A” attached hereto and
made a part thereof. Contractor herby reaffirms all of the representations contained in RFB
No.CFM-02-13
30. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject
to all attachments hereto, to all of the attachments, provisions, requirements, federal, state and
local laws, rules and regulations as of the effective date herein, and to any and all requirements,
whether federal, state or local, verbal or written, placed upon City. The foregoing is hereby
made a part of this Agreement and incorporated herein by reference as if fully set out herein.
31. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
16

29. 32. 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

30. NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and City agree as follows:
“City”
CITY OF SAN ANGELO, a municipal corporation
ATTEST:
_________________________ By: ______________________________
Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager
“Provider”
ABM JANITORIAL SERVICES-SOUTH CENTRAL
INC.
By: __________________________________
Tom McDonald, Branch Manager
ATTEST:
_________________, Secretary
18

31. EXHIBIT “A”
Scope of Work
19

32. EXHIBIT “B”
Compensation Fee Schedule
20

33. SERVICES AGREEMENT
BETWEEN CITY OF SAN ANGELO, TEXAS
AND ABM JANITORIAL SERVICES-SOUTH CENTRAL INC.
RFB No. CFM-02-13
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
______________________________ __________________________________
Lysia H. Bowling City Attorney John Seaton, Risk Manager
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
______________________________ _____________________________________
Roger Banks, Purchasing Manager Ron Lewis, Facilities/Maintenance Manager
21

34. SERVICES AGREEMENT BETWEEN THE
CITY OF SAN ANGELO, TEXAS
AND Curtis E. Bargley and Donna Bargley
d/b/a BARGLEY JANITORIAL SERVICES
RFB CFM-02-13
This Agreement is entered into this ___ day of ____________, 2013(but effective as of
_____________________) by and between the City of San Angelo, a municipal corporation of
the State of Texas (“City”) and Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial
Services (“Provider”).
RECITAL
A. City has issued a Request for Bid Construction & Facilities Management
Janitorial Services RFB No.CFM-02-13 (“RFB No.CFM-02-13”) for the provision of
professional janitorial services (“Services”) and Provider’s bid, in response thereto, has been
selected as the most qualified proposal for the provision of the Services. The RFB referred to
herein, collectively, as the Contract Documents, and are by this reference incorporated into and
made a part of this Agreement (“Agreement”).
B. On _____________, 2013, the City Council of City of San Angelo, approved the
selection of Provider and authorized the City Manager to execute a contract, under the terms and
conditions set forth herein.
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be for three (3) years commencing on the
effective date hereof.

35. 3. OPTION TO EXTEND: City shall have two (2) option(s) to extend the term hereof
for a period of one (1) year each, subject to availability, appropriation of funds and to agreement
of both parties. City Council approval shall not be required as long as the total extended term
does not exceed two (2) years.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Exhibit “A” attached hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to City that: (i) it possesses all qualifications,
licenses and expertise required for the performance of the Services; (ii) it is not delinquent in
the payment of any sums due City, including payment of permit fees, occupational licenses, etc.,
nor in the performance of any obligations to City; (iii) all personnel assigned to perform
Services are and shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; and (iv) Services will be performed in the manner described
in Contract Documents.
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates described in Exhibit “B” attached hereto, which by this reference is incorporated into
this Agreement.
B. Unless otherwise specifically provided in Exhibit “B”, payment shall be made
within thirty (30) calendar days after receipt of Provider’s invoice, which shall be accompanied
by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
2

36. expenditures should City require one to be performed. No advance payments shall be made at
any time.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of City. Provider agrees not to use
any such information, document, report or material for any other purpose whatsoever without the
written consent of City, which may be withheld or conditioned by City in its sole discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. City may, at reasonable times, and for a period of up to three (3) years following
the date of final payment by City to Provider under this Agreement, audit, or cause to be audited,
those books and records of Provider which are related to Provider’s performance under this
Agreement. Provider 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 Provider’s work and
perform such tests, as City deems reasonably necessary, to determine whether the goods or
services required to be provided by Provider under this Agreement conform to the terms hereof
and/or the terms found in Exhibit “A”, if applicable. Provider shall make available to City all
reasonable access and assistance to facilitate the performance of tests or inspections by City
representatives.
8. AWARD OF AGREEMENT: Provider represents and warrants to City that it has not
employed or retained any person or company employed by City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
3

37. percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award
of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the
public to all documents subject to disclosure under applicable law. Provider’s failure or refusal
to comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by City.
10. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Provider, its
agents, employees and sub-providers understands that agreements between private entities and
local governments are subject to certain laws and regulations, including laws pertaining to public
records, conflict of interest, record keeping, etc. Provider agrees to comply with and observe all
applicable laws, city charter, codes and ordinances as they may be amended from time to time.
Provider must obtain all necessary permits and licenses that are required in completing the work
contracted for in this agreement.
11. VENUE: Venue for any cause of action arising under this contract is Tom Green
County, Texas. This contract is governed by the laws of the State of Texas both as to
interpretation and performance. This contract shall, in any dispute over its meaning or
application, be interpreted fairly and reasonably, and not more strongly for or against either
party.
12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City and its
officials, employees and agents (collectively referred to as “Indemnitees”) and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees)
4

38. or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any
person or damage to or destruction or loss of any property arising out of, resulting from, or in
connection with (i) the performance or non-performance of the services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or sub-providers (collectively referred to as “Provider”), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of provider to comply with any of the paragraphs herein or the failure of provider
to conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement. Provider
expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and
against all liabilities which may be asserted by an employee or former employee of Provider, or
any of its sub-providers, as provided above, for which provider’s liability to such employee or
former employee would otherwise be limited to payments under state Workers’ Compensation or
similar laws.
13. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by City to Provider while Provider was in default shall be
immediately returned to City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
5

39. effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to City for all expenses incurred by City in preparation and negotiation of
this Agreement, as well as all costs and expenses incurred by City in the re-procurement of the
Services, including consequential and incidental damages.
14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and City based upon an alleged violation of the terms of this
Agreement by City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds Twenty-five Thousand and 00/00 Dollars
($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.
Provider shall not be entitled to seek judicial relief unless: (i) it has first received the City
Manager’s written decision, approved by City Council if the amount of compensation hereunder
exceeds Twenty-five Thousand and 00/00 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 (ninety (90) days if the City Manager’s decision is
subject to City Council approval); or (iii) City has waived compliance with the procedure set
forth in this section by written instruments, signed by the City Manager.
15. CITY’S TERMINATION RIGHTS:
A. City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Provider at least five (5) business days prior to the effective date
of such termination. In such event, City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall City
6

40. be liable to Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. City shall have the right to terminate this Agreement, without notice to Provider,
upon the occurrence of an event of default hereunder. In such event, City shall not be obligated
to pay any amounts to Provider and Provider shall reimburse to City all amounts received while
Provider was in default under this Agreement.
16. INSURANCE: Provider 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
contract without thirty (30) calendar days prior written notice to City. Completed Certificates of
Insurance shall be filed with City prior to the performance of services hereunder, provided,
however, that Provider shall at any time upon request file duplicate copies of the policies of such
insurance with City.
If, in the judgment of City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, City reserves the
right to require the provision by Provider 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 provider fail or
refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s
written notice, this Contract shall be considered terminated on the date that the required change
in policy coverage would otherwise take effect.
7

41. 17. SPECIAL INDEMNIFICATION AND INSURANCE:
A. INDEMNIFICATION:
1. GENERAL INDEMNIFICATION. PROVIDER 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 PROVIDER 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
PROVIDER, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE
OF PROVIDER 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 PROVIDER HEREUNDER.
THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS
AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED.
NOTHING HEREIN SHALL REQUIRE PROVIDER TO INDEMNIFY, DEFEND,
OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED
PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
2. ENVIRONMENTAL INDEMNIFICATION. PROVIDER AGREES TO
INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS,
BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS,
INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS,
SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES,
ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR
8

42. FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR
ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING
OUT OF PROVIDER’S HANDLING, COLLECTION, TRANSPORTATION,
STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY
PERSON UNDER PROVIDER’S DIRECTION OR CONTROL OF WASTE
COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP
ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER
SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR
SURFACE WATER CONTAMINATION. PROVIDER SPECIFICALLY
AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST
ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE
ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF
PROVIDER REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED.
PROVIDER SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL,
UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL
IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF PROVIDER
REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE
INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT
OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY
ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.
3. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY
PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION
OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER
OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER
AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF
THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY
(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST
CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR
OMISSIONS OF PROVIDER IN PERFORMING UNDER THIS AGREEMENT.
4. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN
THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND
9

43. ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT
BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY
HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS
BETWEEN CITY AND PROVIDER.
B. INSURANCE:
1. GENERAL CONDITIONS. The following conditions shall apply to all
insurance policies obtained by Provider for the purpose of complying with this
Agreement.
a) 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.
b) Named Insureds. All insurance policies required herein shall be drawn in
the name of Provider, 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.
c) Waiver of Subrogation. Provider 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.
d) Certificates of Insurance. At or before the time of execution of this
Agreement, Provider shall furnish City’s Risk Manager with certificates of insurance as
evidence that all of the policies required herein are in full force and effect and provide the
required coverage and limits of insurance. All certificates of insurance shall clearly state
that all applicable requirements have been satisfied. The certificates shall provide that
any company issuing an insurance policy shall provide to City not less than thirty (30)
days advance notice in writing of cancellation, non-renewal, or material change in the
policy of insurance. In addition, Provider and insurance company shall immediately
provide written notice to City’s Risk Manager upon receipt of notice of cancellation of
any insurance policy, or of a decision to terminate or alter any insurance policy. Copies
of required endorsements will be attached to the certificates to confirm the required
endorsements are in effect. Certificates of insurance and notices of cancellations,
10

44. terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W.
Beauregard Ave., San Angelo, Texas 76903.
e) Provider’s Liability. The procurement of such policy of insurance shall not
be construed to be a limitation upon Provider’s liability or as a full performance on its
part of the indemnification provisions of this Agreement. Provider’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 Provider to maintain adequate coverage shall not relieve Provider of any
contractual responsibility or obligation.
f) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and
Sub-Sub-Provider of Provider to purchase and maintain insurance of the types and in the
amounts specified below. Provider shall require Sub-providers and Sub-Sub-Providers to
furnish copies of certificates of insurance to Provider’s Risk Manager evidencing
coverage for each Sub-Provider and Sub-Sub-Provider.
2. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall
obtain and continuously maintain in effect at all times during the term hereof, at
Provider’s sole expense, insurance coverage as follows with limits not less than those set
forth below:
a) Commercial General Liability. This policy shall be an occurrence-type
policy and shall protect provider and additional insureds against all claims arising from
bodily injury, sickness, disease or death of any person (other than provider’s employees)
and damage to property of city or others arising out of the act or omission of provider or
its agents and employees. This policy shall also include protection against claims for the
contractual liability assumed by Provider under the paragraph of this Agreement entitled
“Indemnification,” including completed operations, products liability, contractual
coverage, broad form property coverage, explosion, collapse, underground,
premises/operations, and independent providers (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
11

45. $ 500,000.00 Each Occurrence
$ 100,000.00 Fire Damage (any one fire)
b) Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect Provider and the additional insureds against all
claims for injuries to members of the public and damage to property of others arising
from the use of motor vehicles and shall cover operation on and off the premises of all
motor vehicles licensed for highway use, whether they are owned, non-owned or hired.
Coverage shall be as follows:
$ 500,000.00 Each Accident Limit
c) Workers’ Compensation and Employer’s Liability. If Provider hires any
employees, Provider shall maintain Workers’ Compensation and Employer’s Liability
insurance, which shall protect provider 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, Provider 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 Agreement.
If Provider uses contract labor, Provider shall require its sub-provider to maintain the
above referenced coverage and furnish copies of certificates of insurance as required
herein.
12

46. 18. NONDISCRIMINATION: Provider represents and warrants to City that Provider does
not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with Provider’s performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
19. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with
the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or
services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment
as required by IRCA.
20. INDEBTEDNESS TO CITY: Provider agrees that no payments owed by him, of any
nature whatsoever, to the City, including payment in advance for service charges or any sums of
any character whatsoever, shall become delinquent or in arrears.
21. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part,
without the prior written consent of City, which may be withheld or conditioned, in City’s sole
discretion.
22. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
13

47. TO CITY: TO PROVIDER:
City of San Angelo Bargley Janitorial Services
Attn: Ron Lewis Attn: Donna Bargley
72 West College Avenue 1613 Idaho Avenue
San Angelo, Texas 76903 San Angelo, Texas 76904
Phone: (325)481-2773 Phone: (325) 617-2010
Email: ron.lewis@sanangelotexas.us Email:bargley janitorial@suddenlink.net
23. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Texas.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. 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.
D. 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 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.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
14

48. 24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
25. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to
provide services to City as an independent provider, and not as an agent or employee of City.
Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil
Service or Pension Ordinances of City, nor any rights generally afforded classified or
unclassified employees. Provider further understands that Texas Workers’ Compensation
benefits available to employees of City are not available to Provider, and agrees to provide
workers’ compensation insurance for any employee or agent of Provider rendering services to
City under this Agreement.
26. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT
PROGRAM: City has established a Historically Underutilized Businesses Procurement
Program (“HUB Program”) designed to increase the volume of City procurement and agreements
with minorities and women-owned businesses. Provider understand and agrees that City shall
have the right to terminate and cancel this Agreement, without notice or penalty to City, and to
eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false or misleading information as
to its status as a minority and/or a woman-owned business and/or the quality and/or type of
minority or woman-owned business participation.
27. AMENDMENTS: City or Provider may amend this Contract at any time provided that
such amendments make specific reference to this Contract, and are executed in writing, signed
by a duly authorized representative of City and Provider, and approved by City. Such
15

49. amendments shall not invalidate this Contract, nor relieve or release City or Provider from their
respective obligations under this Contract.
28. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
29. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in this Agreement, and included in Exhibit “A” attached hereto and
made a part thereof. Contractor herby reaffirms all of the representations contained in RFB
No.CFM-02-13
30. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject
to all attachments hereto, to all of the attachments, provisions, requirements, federal, state and
local laws, rules and regulations as of the effective date herein, and to any and all requirements,
whether federal, state or local, verbal or written, placed upon City. The foregoing is hereby
made a part of this Agreement and incorporated herein by reference as if fully set out herein.
31. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
32. 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.
16

50. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
“City”
CITY OF SAN ANGELO, a municipal corporation
ATTEST:
_________________________ By: ______________________________
Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager
“Provider”
BARGLEY JANITORIAL SERVICES
By: _______________________________
Donna Bargley,
ATTEST:
_________________, Secretary
17

51. EXHIBIT “A”
Scope of Work
18

52. EXHIBIT “B”
Fee Schedule
19

53. SERVICES AGREEMENT
BETWEEN CITY OF SAN ANGELO, TEXAS
AND BARGLEY JANITORIAL SERVICES
RFB No.CFM-02-13
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
______________________________ __________________________________
Lysia H. Bowling City Attorney John Seaton, Risk Manager
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
______________________________ ____________________________________
Roger Banks, Purchasing Manager Ron Lewis, Construction & Facility Manger
20