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, March 22, 2011 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 6:30 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 com ment 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 fo a Consent Agenda item to be moved to the Regular r , Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the March 1, 2011 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents: a. FD-01-11: Personal Protective Equipm thirty eight sets of bunker gear, Casco Industries,$56,392.00 ent, b. VM-01-11: Vehicle and Equipm ent Repair resulting from accidents, Century Trailer (San Angelo), Lakeview Collision (San Angelo), J&T’s Welding (San Angelo), Pardner’s Body Shop (Sa Angelo), and n Shirley’s Auto Repair (San Angelo), $55,000.00 3. Consideration of rejecting bids associated with Request for Bid VM-18-10 Lake Patrol Vehicles 4. Consideration of adopting aResolution authorizing the Mayor to execute aTax Deed for the sale of a Tax Lot located at 817 Upton, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-T 5. Consideration of authorizing the sale of a residential property at 1830 South Concho ( tevens), Lot 7, S Group 9, for the appraised value of $121,986 and aut horizing the Mayor, City Manager, or Water Utilities Director to execute all necessarylegal documents pertaining to the sale ofsubject properties, subject to completion of all curative requirementsCity Council Agenda Page 1 of 6 March 22, 2011
6. Consideration of authorizing the CityManager to execute an Agreement with Mr. Scott Sustekfor the acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St. 7. Consideration of a request to extend previous authorization by City Council to temporarily place a mobile residence on site in Single-Family Residence zoning district and specifically on property at 1324 Bryan Street in east central San Angelo until November 1 , 2011 8. Consideration of approving the Cityof San Angelo Development Corporation (COSADC) authorizing to execute bank signature cards and ratifying said Resolution adopted March 9, 2011 bythe COSADC authorizing the same 9. Consideration of authorizing the City Manager to execute a Lease and Program Agreement between the City of San Angelo and PaulAnn Baptist Church for the leasing and use of Northside Recreation Center 10. Consideration of the City of San Angelo as the designated political subdivision for the Region F Water Planning Group 11. Consideration of m atters relating to the following City of San Angelo Development Corporation contracts: a. Consideration of adopting a Resolution by the City of San Angelo City Council approving an economic development and grant agreement by and between the City of San Angelo Development Corporation (COSADC) and the Concho Valey Center for Entrepreneurial Development (CVCED) l making provision for a grant from COSADC to CVCED for operation of economic development programs including the small business incubator and accelerator program and the Enterprise San Angelo business plan competition b. Consideration of adopting a Resolution by the City of San Angelo City Council approving a contract by and between the City of San Angelo Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector prim ary job growth and investm ent fostering economic development c. Consideration of adopting a Resolution by the City of San Angelo City Council approving an amendment to contact between the City of San Angelo Development Corporation (COSADC) and Downtown San Angelo, Inc. (DSA) to provide for fu relocation of DSA to the planned Business ture Resource Center d. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the City Manager to negotiate and execute a contract with the City of San Angelo Developm ent Corporation (COSADC) for the provision of Neighborhood and Fam ily Services Departm ent administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and ratifying said contract e. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the City Manager to negotiate and execute a contr act with the City of San Angelo Developm ent Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and approving said contract 12. Second Hearing and consideration of adoption of anOrdinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo PD 07-01 (2nd Amendment): Concho River RV Resort 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 AZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THECity Council Agenda Page 2 of 6 March 22, 2011
FOLLOWING PROPERTY, TO WIT: 20+acres bordering the west side of South Chadbourne Street and situated within 1,000 feet of the South C oncho River in southern San Angelo, am ending a previously approved Planned Development District (PD 07-01) allowing additional tim for a single e manufactured (mobile) home to remain on the subject property PROVIDING FOR SEVERABILITY ; AND PROVIDING A PENALTY 13. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for capital projects and new projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE 14. Second Hearing and consideration of introduction of anOrdinance amending the untreated water rate schedule AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY MODIFYING SECTION 8.200 (a)(1) MONTHLY WATER RATES BY ADDING A NEW BASE RATE FOR UNTREATED WATER METERS; BY DELETING THE EXISTING UNTREATED WATER RATES; BY ADDING A NEW UNTREATED WATER RATE SCHEDULE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATEIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle ent A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that Meetings be Open, Section 551.087 to discuss an offerof financial or other incentive to acompany 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 Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle ent A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that Meetings be Open, Section 551.072 to discuss the pur chase, sale, exchange, lease, or value of real property Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle ent A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that Meetings be Open, Section 551.074 to deliberate pesonnel matters related to the personnel evaluation r and duties of the City Manager G. PUBLIC HEARING AND COMMENT 15. Consideration of adopting a Resolution acknowledging the necessity for federal, state, and local officials to collectively address the proposed Texas Medicaid funding cuts; and, respectfully requesting that federal and state governm officials work collectively with local officials to reduce ent the substantial cuts in Texas Medicaid and deve lop solutions to improve the Texas budget without cutting Texas Medicaid as drastically as proposed (Presentation by CEO of San Angelo Community Medical Center Brad Holland and Director of Business Development/Marketing Sheryl Pfluger) 16. Presentation of the 4th Quarter 2010 Report fromDowntown San Angelo, Inc.and Presentation of the Preserve America Award to Alvin New, May or, by Brenda Gunter, President of Downtown San Angelo, Inc.City Council Agenda Page 3 of 6 March 22, 2011
(Presentation by DSA Executive Director Genora Young) 17. Second public hearing and consideration of adoption of an Ordinance amending Article 5.902 of the City of San Angelo Code of Ordinances related to the maximum number of garage sales held by an owner of property AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5. 02(b) TO STIPULATE THAT THE NUMBER 9 OF GARAGE SALES ALLOWED ANNUALLY MAY BE LIMITED TO A SPECIFIED NUMBER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Presentation by Code Compliance Manager James Flores and Planning Manager AJ Fawver) 18. First Public Hearing and consid eration of introduction of anOrdinance amending Chapter 10, Article 10.600 in relation to angle parking zones AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVEAND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN AWESTERN DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Transportation Planner Doray Hill) 19. First Public Hearing and consideration of introduction of an Ordinance amending Ordinance Relating to Classified (Police) staffing levels due to consoidation of Lake, Park & Airport Police with the l San Angelo Police Department; to wit: AN ORDINANCE AMENDING CHAPTER 2ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B), ENTITLED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BY INCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE NUMBER OF POLICE OFFICER FROM ONE HUNDRED TWENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES (Presentation by Police Chief Tim Vasquez) 20. Consideration of awarding base bid & alternate “B” forES-01-11 50th Street Construction & Grape Creek Reconstruction Projects to Reece Albert, Inc.(San Angelo, TX) in the amount of $3,546,612.86 and authorizing the City Manager or his designee to execute any necessary related documents (Presentation by City Engineer Clinton Bailey)City Council Agenda Page 4 of 6 March 22, 2011
21. Consideration of the Permit and Inspection Division’s recommendations regarding a request for in- kind support (waiving permit fees) for “Operation Finally Home” (Presentation by Building Official Al Torres) 22. Consideration of approving a nam ing rights proposal for the San Angelo Coliseum from Foster Communications (Presentation by Civic Events Manager Anthony Wilson) 23. First public hearing and Consideration of introduction of an Ordinance repealing Article 5.100, Section 5.107 City Code of Ordinances Alcoholic Beverages Regulations, as it pertains to the possession of open containers and consumption of alcoholic beverages in the Downtown area AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SAN ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGES REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSI OF ON AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Development Coordinator Robert Schneeman) 24. Presentation, update, and discussion on technology features offered by the City of San Angelo, including, but not limited to, online credit card water billing services, and any action in connection thereto (Presentation by Finance Director Michael Dane) 25. Presentation, update, and discussion of 2011-2016 Capital Im provement Plan and any action in connection thereto (Presentation by Finance Director Michael Dane) 26. Consideration of authorizing the CityManager to negotiate and execute an Interlocal Agreement with the Cities of Abilene and Midland for development of water management strategies (Presentation by Water Utilities Director Will Wilde and City Manager Harold Dominguez) 27. Discussion and consideration of setting the co-pay amount for uninsured patients at the Employee Health Clinic (Presentation by Human Resources Director Lisa Marley) 28. Consideration of items related to the May 14, 2011 General Election a. Consideration of accepting the City Clerk’s Certification of Unopposed Candidates for the City of San Angelo May 14, 2011 General El ction and consideration of aut orizing the cancelation of said e h election b. First Public Hearing and consideration of introduction of Ordinance canceling the May 14, 2011 General Election for May or, Single Member Districts 2, 4, and 6 and declaring each unopposed candidate elected to office AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OF MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), ANDCity Council Agenda Page 5 of 6 March 22, 2011
COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING THAT ALVIN NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRIC TWO (2); T FREDD B. ADAMS IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHARLOTTE FARMER IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); AND ESTABLISHING AN EFFECTIVE DATE (Presentation by City Clerk Alicia Ramirez) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 29. Consideration of matters discussed in Executive/Session, if needed 30. Consideration of various Board nominations by Council and designated Councilmembers: a. Animal Services Advisory Committee: Tom Maurer (Mayor) to a 1st full term January 2013 b. Downtown Development Commission: Gary Cox to a 1st full term February 2012 c. Keep San Angelo Beautiful: Joseph Grimes (SMD2) to a 1st full term September 2012 d. Ft. Concho Museum Board: Dr. Ken Heineman (SMD5) to a 1st full term January 2014 e. Planning Commission: Joseph Grimes (SMD2) to a 1st full term January 2014 f. Water Advisory Board: Johnny Oswald (SMD5) to a 2nd full term September 2012 31. Consideration of nominating at large appointment to the Tax Increment Reinvestment Zone 32. Discussion, review, and possible action on matters related to the consolidation of various Boards & Commissions 33. Consideration of Future Agenda Items 34. Adjournment Given by order of the City Council and posted in accord ance with Title 5, Texas Governm Code, Chapter ent 551, Friday, March 18, 2011, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 6 of 6 March 22, 2011
City of San AngeloMemo Date: March 18, 2011 To: Mayor and Councilmembers From: Assistant Chief Greg Boyle Subject: 03-22-2011 Contact: Greg Boyle Caption: Consent Consideration of awarding FD-01 -11 personal p rotective eq uipment bi to Casco Industries for thirty eight sets of bunker gear in the amount of $56,392.00 Summary: The Fire De partment is requesting City C ouncil ap proval to purchase 38 sets o f bunker cl othing. Requ est for Bid s were sent o ut to 4 vendo rs. T he lowest responsible bidder that met our specifications was Casco. History: In order to co mply with sta te and nation al guidelines we must replace our gear at set intervals. This purchase allows us to stay in compliance and outfit new hires in the gear they need Financial Impact: The purchase will consi st of 38 sets of protectiv e jackets and trousers at $1,484.00ea. for a total of $56,392.0 0 T he total purcha se of $5 6,392.00 will be taken out of our regular budget uniform account #101-9000-422-06-13 Attachments: Bid tab Reviewed by Brian Dunn Director: Approved by Legal: N/A
C I T Y O F S A N A N G E L O BID TABULATION/Personal Protective Gear * RFB NO: FD‐01‐11 * January 31, 2011 CASCO DACO FIRE EQUIPMENT ** DOOLEY TACKABERRY INC Item Approx Qty Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Protective Jacket And Trousers-For1 Structural Fire Fighting (Bunker Gear) 38 $872.00 $33,136.00 $769.00 $29,222.00 $877.00 $33,326.00 Protective Trousers for Structural Fire2 Fighting 38 $612.00 $23,256.00 $514.00 $19,532.00 $639.00 $24,282.00 Total Bid $56,392.00 $48,754.00 $57,608.00 Quantity Order Discount 0.00% 0.00% 0.00% ** DACOs pricing does not include the specifications we requested. Requests for Bids were mailed to: Casco Industries Grand Prairie TX Daco Fire Equipment Lubbock TX Dooley Tackaberry Fire Safety Equipment Deer Park TX Metro Fire Arlington TX
City of San AngeloMemo Date: February 24, 2011 To: Mayor and Councilmembers From: Patrick Frerich, Vehicle Maintenance Superintendent Subject: Agenda Item for March 22, 2011 Council Meeting Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651 Caption: C onsent Item Consideration of a warding bi d VM-01-1 1, an d authorizing t he City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department is requesting City Council approval to award bid pricing for th e repai r of vehicl es a nd equipm ent re sulting fro m accide nts. Requests for Bids (RFB) were mailed to eleven (1 1) local body and welding shops and advertised in local media. Bids were received from Century Trailer – San Angelo, Lakeview Collision – San Angelo, J&T’s Welding – San Ang elo, Pard ner’s Body Sho p – San Angel o, and Shi rley’s Auto Repair – San Angelo. History: The City contracts with local auto body shops for the repair of City equipment and vehi cles involved in vehicul ar a ccidents. Included as a n ad dition to this bid is a solicitation fo r pri cing for welding se rvices to enco mpass repai rs on traile rs, mowing equipment, etc. Financial Im pact: Vehicle and eq uipment rep airs result in an annu al expen se of approximately $55,000.0 0. Individual award i s given to the approved rep air fa cility offering the type of work re quired, best repair value based on ove rall p rice a nd availability. Related Vision Item: NA Other Information/Recommendation: Staff recommends approving all bid submissions. Attachments: Bid Tab VM-01-11 Presentation: None Approved by Legal: NA Reviewed by Service Area Director: Ricky Dickson, Operations Director, 2-24-11
C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐01‐11 * Equipment Body Repair Service February 18, 2011 Century Trailer of Pardners Body Shirleys Auto San Angelo J&Ts Welding Lakeview Collision Shop RepairNo. Item Description $ per hour $ per hour $ per hour $ per hour $ per hour Complete Body Work $ 85.00 no bid $ 36.00 $ 36.00 $ 40.00 Other Costs Associated With Repair Svcs (Metal) Welding $ 75.00 (Alum) Welding $ 85.00 Shop Welding (Steel) $ 70.00 Shop Welding (aluminum & stainless steel) $ 85.00 Field Welding (Steel) $ 70.00 Field Welding (aluminum & stainless steel) $ 85.00 Paint Labor $ 36.00 $ 40.00 Paint Supplies(refinish) $ 30.00 Paint & Material $ 28.00 $ 28.00 Body Work Labor $ 40.00 Frame & Structural $ 40.00 Name of repair manual used to determine rates n/a n/a CCC Pathways Mitchell Pathways field welding: inside city li it 2 h min, it limits- hr i outside- 4 hr min Cooperative Purchasing Yes Yes Yes Yes Yes Requests for Bid were mailed to: Calvert Collision Center San Angelo, TX J & Ts Welding San Angelo, TX Jim Bass Collision & Supplies San Angelo, TX Lakeview Collision San Angelo, TX Santellanos Collision San Angelo, TX Shirleys Auto Repair San Angelo, TX Century Trailer San Angelo, TX JT Welding San Angelo, TX Pardners Body Shop San Angelo, TX Spring Creek Products San Angelo, TX West Texas Collision San Angelo, TXX:PF DocumentsBid Documents2011 Equipment BidsBid TabsEquipment Body Repair ServiceVM‐01‐11 Bid Tab
City of San AngeloMemo Date: February 24, 2011 To: Mayor and Councilmembers From: Patrick Frerich, Vehicle Maintenance Superintendent Subject: Agenda Item for March 22, 2011 Council Meeting Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651 Caption: C onsent Item Consideration of reje cting all bid s a ssociated RFB No: VM-18-10 L ake Patrol Pickups. Summary: The Vehi cle Mainten ance De partment req uested form al bi ds fo r purchasing n ew L ake Patrol Divisi on pi ckups. Following staff’s review of the bids an d financial impact, staff is requesting that all bids be rejected. History: Specifications were d rawn with i nput f rom th e Poli ce Depa rtment to explore the fiscal and op erational option s regarding vehi cles to pat rol Lake Nasworthy, Twin Buttes, and the su rrounding area s. Bids were re quested and received that met all specifications. Bid submi ssions were rev iewed by rep resentatives f rom Vehi cle Maintenance and the Police Department and co mpared a gainst current bid contracts. The current Light Duty Vehicle contract (VM-10-10) was financially better wi th no loss of performance than the vehicles proposed in the Lake Patrol Pickup RFB. Analysis Summary Bids for VM-18-10 were returned, with the most appealing bid, meeting all specifications, at $26,100. Our current Light Duty Contract, allows us to purchase a comparable vehicle for $25,483.00. Based on th e bid results and evaluation, staff re commends rejecting all bids associated with VM-18 -10 and utilizin g the current contra ct VM-10 -10 a s ap proved by Coun cil o n April 06, 2010 for purchasing Lake Patrol Vehicles. Financial Impact: None at this time. Related Vision Item: NA Other Information/Recommendation: Staff recommends rejecting all bid submissions. Attachments: Bid Tab VM-18-10
Presentation: NoneApproved by Legal: NAReviewed by Service Area Director: Tim Vasquez, Police Chief, 2-24-11
C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐18‐10 * November 24, 2010 Caldwell Country Chevrolet Jim Bass Ford Sam Packs Five Star FordNo. Item Description Unit Unit $ Extended Unit $ Extended Unit $ Extended 1 Crew Cab Pickup 2 $ 23,440.00 $ 46,880.00 $ 23,901.00 $ 47,802.00 $ 22,168.45 $ 44,336.90 Optional Equipment 2 Parts, Service, and Operators Manuals 1 $ 350.00 $ 350.00 $ 475.00 $ 475.00 $ 210.00 $ 210.00 3 Delivery 2 $ 280.00 $ 560.00 n/c incl 4 Extended Warranty 2 $ 2,380.00 $ 4,760.00 $ 2,115.00 $ 4,230.00 $ 2,445.00 $ 4,890.00 5 Spot Light 2 $ 410.00 $ 820.00 $ 265.00 $ 530.00 $ 395.00 $ 790.00 6 $ - $ - $ - $ - $ - $ - Total= $ 53,370.00 Total= $ 53,037.00 Total= $ 50,226.90 2011 Chevrolet Colorado Z71 2011 Ford F150 4dr Crew Cab 2011 Ford F150 Super Crew Make and Model Quoted: LT CT15643 4x4 4x4 Delivery Time In Calendar Days: 90-120 45-60 120-150 OEM Parts Markup & Availability: 10%/ As Needed cost +25% 10%/ 5 day ( in stock items) ** Pricing good on ordrs rcvd Bids Mailed To: before 12/15/10. All American A t l A i Autoplex San Angelo, TX S A l TX All American Chevrolet San Angelo, TX Baby Jack II Automotive LTD Caldwell, TX Dallas Dodge Austin, TX Hall Buick, Pontiac, GMC Tyler, TX NO BID Jim Bass Ford San Angelo, TX Mac Haik Ford Georgetown, TX Mitchell Toyota Kia San Angelo, TX Philpott Motors LTD Nederland, TX Reliable Chevrolet Richardson, TX Sam Packs Five Star Ford Carrolton, TXX:PF DocumentsBid Documents2011 Equipment BidsBid TabsLake Patrol VehiclesVM‐18‐10 ‐ Lake Patrol VehiclesBid Tab VM‐18‐10 ‐ Lake Patrol Vehicles
City of San AngeloMemo Date: December 2, 2010 To: Mayor and Council Members From: Roger Banks, Purchasing Director Subject: Agenda Item for March 1, 2011 Council Meeting Contact: Diana Farris, Property Manager, Purchasing Department, 657-4212 Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): A. 817 Upton Street, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-T Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities. The lot size, amount of offers, and what the offer will satisfy are as follows: SIZE OFFER OFFER WILL SATISFY… A. 60’ x 190’ $ 1,000.00 Offer satisfies the total amount due under the judgment B. History: Listed below are the breakdowns of amounts owed: A. Taxes: $ 1,907.00 B. Taxes: $ 0.00 C. Taxes: $ 0.00 Sheriff Fees $ 100.00 Sheriff Fees $ 0.00 Sheriff Fees $ 0.00 District Clerk $ 613.00 District Clerk $ 0.00 District Clerk $ 0.00 Attorney Fees $ 300.00 Attorney Fees $ 0.00 Attorney Fees $ 0.00 Administration $ 350.00 Administration $ 0.00 Administration $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 0.00 $ 3,270.00 $ 0.00 $ 0.00 Financial Impact: All Properties will be reinstated back onto tax roll. Other Information/Recommendation: It has been verified by all entities that no outstanding balance exist for the Prospective Buyers. It is recommended that the above offers be accepted. Attachments: Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Administration Service Director
100 ftCity of San Angelo GIS Division For Illustrative Purposes Only.Copyright 1988-2010
RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Not Less Than Adjudged Value or Judgment) WHEREAS, on the day of , 2011, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to sa id Council theproposal for the City to sell a parcel of land situ ated within the city lim its of the City of Sa nAngelo, said parcel being described as follows: Lot 3, Block 17, Ellis Addition, an Additi on to the City of San Angelo, Tom Green County, Texas, according to the m ap or plat thereof, r ecorded in Volum e “Y”, Page 39, Deed Records of Tom Green County, Texas. WHEREAS, said lot(s) are owned by the City of Sa n Angelo by virtue of Sheriff’s Tax Deed,recorded on Instrument No. 660140 of the Official Public Records of Re al Property, Tom GreenCounty, Texas. WHEREAS, the City Council, has determ ined that it is in the best interest of the City of SanAngelo to sell said lot(s) for an amount that is greater than or equal to the market value specifiedin the Judgment of foreclosure or greater than or equal to the amount of the judgment. NOW THEREFORE BE IT RESOLVED BY TH E CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Ange lo is hereby authorized in his capacityas representative of the City of San Angelo, to e xecute a Quitclaim Deed to the abo ve describedlot(s) to Anita Rodriguez Charles, a single pe rson, for the consideration of Two Thousand NineHundred Twenty and 00/100 Dollars ($2,920.00) and that the sale for said am ount is also herebyauthorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2011. THE CITY OF SAN ANGELO _______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________ ____________________________Lysia Bowling, City Attorney Roger Banks, Purchasing Director
City of San AngeloMemo Date: February 16, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for March 22, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: C onsent Item Consideration of authori zing the sal e o f the followin g re sidential property for the appraised va lue an d aut horizing th e Mayor, City Manager, o r Wate r Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: Bradley and Holly Stevens 1830 South Concho Lot 7, Group 9 $121,986 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other In formation/Recommendation: If t he sale i s approved at the a ppraised v alue, a titl e examination will be performed and legal staff will prepare a Real Es tate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Stevens) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 16, 2011.
City of San AngeloMemorandumDate: Feb ruary 25, 2011To: Mayor and Council MembersFrom: Carl White, Parks & Recreation DirectorSubject: Agenda Item for March 22, 2011 Council MeetingCaption: C onsent Item Consideration of authorizing the City Manager to execute an agreement with Mr. Scott Sustek for the acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St.Summary: This proposed project involves the installation of a bronze “Cowboy” statue at the sculpture well atNorth Bryant and 3rd Street. See the attached rendering of the proposed artwork and its proposed location.The following is a description of the proposed statue: Bronze statue of a working cowboy, twice life-sized, withsaddle resting against the right leg and rope coil in left hand at left hip. Right arm is outstretched in welcominggesture. Mark on base – S.A. SUSTEK, 2010 (cast at Deep in the Heart Foundry in Bastrop). Weightapproximately ½ ton. Patina – western style brown but subject to change by weathering.If this item is approved, City staff would assist with the installation. This assistance will be scheduled and will bedependent on available staff and resources. Most likely, the installation could occur before summer of 2011.History: The Public Art Commission approved this artwork and its placement at its meeting on March 6, 2009.Financial Impact: There is minimal cost to the City for installation of this donated artwork. City Staff wouldassist with the artwork’s placement.Related Vision Item (if applicable):Community Appearance Vision – support public art programs.Other Inf ormation/Recommendation: The Publi c Art Commi ssion considered thi s a rtwork a nd itsplacement at its meeting on March 6, 2009 and recommended approval.Attachments: Copy of the Agre ement for the Provi sion of Pu blic A rt an d Copy of th e Public ArtCommission Minutes from the March 6, 2009 Meeting.Presentation: not applicable.Publication: not applicable.Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, Date: March 3, 2011.
Note: the Cowboy would actually face north as opposed to east as shown here.
Public Art Commission Minutes Friday, March 6, 2009The Public Art Commission, following notice and publication of the meeting, met at the McNease ConventionCenter, 500 Rio Concho Drive, South Meeting Room, San Angelo, TX, 76903, 3:00 p.m., on March 6, 2009.Board members present were Mr. Fred Griffin, Chair; Ms. Nevie Lacy, Ms. Suzanne Sugg, Mr. DavidMikulik, and Ms. Tara Rainey.Guest present was Ms. Sue Rainey, representing item #2 on the regular agenda.City Staff present were Mr. Carl White, Parks & Recreation Director, and Ms. Madeline Barton, Parks &Recreation Sr. Administrative Assistant.Mr. Griffin called the meeting to order at 3:05 p.m. 1.Consideration of approving the February 4, 2009 meeting minutesUpon review of the minutes, Ms. Lacy moved to approve, with Mr. Mikulik seconding the motion. A vote wastaken, with the motion passing. 2.Consideration of permanent art for the Texas Bank Sports Complex (presented by Ms. Sue Rainey)Mr. White passed out photos of the concrete sign, located at the entrance of the new Sports Complex, on thecorner of Bell St. and Rio Concho Drive. He stated this location was the initial spot considered for permanentart pieces. Ms. Sue Rainey then introduced the maquette of two metal sculptures representing two runningfigures, stating that the pieces will be a gift to the sports complex from the artists. She stated that the figureswill stack out in layers to give depth to the pieces, and at a height of 10 feet, and a total spread of 20 feetbetween the pieces. The material used will be of steel with a safety coating, either Rhino lining or powdercoating, whichever is less costly and will still protect the pieces. Mr. Griffin asked if the City needs to providea base for the pieces and /or lighting. Ms. Rainey stated they had not discussed lighting. Mr. Mikulik didconfirm that there will be a light in front of the base, so power would be available. Ms. Rainey said that theyhad not discussed securing the bases because they first wanted to have the pieces approved. She statedthat “there is no cost to the City, unless they want to provide the base.”Mr. Mikulik cautioned about the spray from the irrigation system hitting the pieces. Ms. Rainey stated that itshouldn’t be an issue because of whichever protective covering is used.When asked, Ms. Rainey stated that they have not done a comparison cost between Rhino lining andpowder coating; they first wanted to get approval on the art pieces.Mr. Griffin asked for a motion. Ms. Lacy made a motion to accept the art piece renderings and approve themfor adoption for the site at the Rio Concho Community Park, subject to the development of an agreementfrom the artists, with the gracious appreciation for their generous donation. Ms. Sugg seconded the motion.A vote was taken, with the motion passing. 3.Consideration of permanent art for the North Bryant and 3rd Street, sculpture well (presentation byMr. Scott Susteck). Ms. Rainey made the presentation of the maquette designed by Mr. Susteck, due to thefact that he was unable to attend. She stated that the piece was commissioned and partially paid ($40,000)by a private donor. Art in Uncommon Places will help in raising the other half. She stated that it is notfinished, but it will be monument size upon completion, bronze cast, and the base can be adjusted to fit thearea. Ms. Rainey said the piece has not yet been named and the total cost, at this point, will be $80,000.
Discussion took place on raising funds for the maintenance of the piece. Suggestions were to either have aseparate fund raiser for the purpose of maintaining the sculpture and placing the funds in an existingendowment, or the Commission could place the funds in a newly created endowment strictly for the purposesof maintaining this piece. Ms. Rainey said she would take the suggestions back to her group.Mr. Griffin asked for a motion to accept the concept of the sculpture to be placed at the well on 3rd Street andBryant Blvd. Ms. Rainey moved to accept the sculpture and the location, with Ms. Lacy seconding themotion. A vote was taken with the motion passing. 4.Consideration of Future Agenda Items. 1.) consideration and discussion of changes to the By-laws. 2.)finalize plans for the dedication of the art spots. 5.Adjournment. The meeting was adjourned at 4:03 p.m.
Community & Economic DevelopmentMemoDate: March 11, 2011To: Mayor and CouncilmembersFrom: Robert Schneeman, Development CoordinatorSubject: Consent Agenda Item for March 22, 2011 Council MeetingContact: Robert Schneeman, Development Coordinator 657-4210Caption: Consent Agenda: RATIFICATION OF A RESOLUTION ADOPTEDMARCH 9, 2011 BY THE DEVELOPMENT CORPORATION AUTHORIZING BANKSIGNATURE CARDS. Summary: At its March 09, 2011 Annual Meeting the COSADC Board adopted a resolution designating new board members and the director as authorized signers on the Corporate bank accounts.History/Analysis: As a result of n ew b oard m embers bei ng a ppointed and also a s a re sult of t hereorganization a nd merging CO SADC w ith the De velopment Services Department, n ew ba nk s ignaturecards are required by the bank authorizing the board members and director as signers. At its meeting ofMarch 9, 2011 the COSADC Board approved a resolution stating that the Board of Directors of the City ofSan Angelo Development Corporation desires to modify bank signature cards to reflect current boardofficials and the director and are seeking ratification of resolution by Council.Financial Impact: Varies dependent upon number and dollar amount of checks authorized forexpenditureRelated Vision Item (if applicable): N/AOther Information/Recommendation: Staff and the COSADC Board recommend ratification ofthe above described resolution.Attachments: Copy of signed resolutionPresentation: None
City of San AngeloMemoDate: March 9, 2011To: Mayor and CouncilmembersFrom: Andy Cedillo, Recreation ManagerSubject: Agenda Item for March 22, 2011 Council MeetingContact: Andy Cedillo, Recreation ManagerCaption: CONSENT AGENDA ITEM Consideration of approving an Interlo cal agreement between t he City of San Angelo and PaulAn n Baptist Church f or th e leasing o f Northside Recreation Center, and authorizing the Mayor and/or City Manager to execute said agreement_____________________________________________________________________________Summary: Approval of an Interlocal Agreement between the City of San Angelo and PaulAnnBaptist Church for the leasing of Northside Recreation Center.PaulAnn Baptist Church agrees to maintain the facility, assume all costs for maintenance andoperation, and to provide programming to the neighborhood.History: Northside Recreation Center closed on October 1, 2010. The City issued an RFP for the leasing of the facility on November 1, 2010 Council accepted a formal bid and approved staff to negotiate an agreement between the City and PaulAnn, December 14, 2010Financial Impact: N/ARelated Vision Item (if applicable): To increase recreational opportunities for the areaOther Information/Recommendation: N/AAttachments: Agreement and MapPresentation: N/APublication: N/AReviewed by Service Area Director: Carl White, Parks and Recreation Director _____________
LEASE AND PROGRAM AGREEMENT THE CITY OF SAN ANGELO, a Texas home rule municipal corporation, hereinafterknown as "Lessor", whose address is 72 West College, P.O. Box 1751, San Angelo, Texas76902, hereby leases, under the following terms and conditions as hereinafter set out, untoPAULANN BAPTIST CHURCH, a Texas not for profit corporation, acting by and through itsduly authorized officer, in partnership with Project Impact, a not for profit corporation,hereinafter collectively known as "Lessee", whose address is 2531 Smith Blvd., San Angelo,Texas 76905, the following property generally described as the Northside Recreation Centerlocated in Lake View Park at 2722 N. Magdalen, San Angelo, Tom Green County, Texas, andmore particularly described at paragraph number 1. “PREMISES” BELOW.1. PREMISES. 1.1 The leased premises include the Center building, a two story building of approximately 7,700 square feet more or less, with a gym, scoreboard and bleachers, bathrooms with showers, two meeting rooms downstairs, two meeting rooms upstairs, kitchen area without a stove, office space, storage room, and without HVAC in the gym. The leased premises include the grounds immediately surrounding the described building reasonably necessary to its use for the activities described herein, and includes parking for 30 vehicles and 5 handicapped parking spaces (hereinafter referred to as "Premises" or "Leased Premises") and more particularly described on Exhibit A attached and made a part of this Agreement for all purposes.2. TERM . 2.1 The term of this Lease shall be for three (3) years, beginning March 22, 2011, and ending on March 22, 2014. Conditioned upon Lessee giving Lessor written notice 60 days in advance of the expiration of the then current term hereof of Lessee’s intent to extend the Lease Term, and upon full performance of Lessee’s obligations pursuant to the terms and conditions of this Lease and Program Agreement, Lessee shall have the right to extend this Lease term for up to two additional three year periods, the first such extension being through December 31, 2016, and the second such extension being through December 31, 2019.3. RENT . 3.1 Am ount. Rental for the Leased Premises shall be the sum of One Dollar ($1.00) per year, payable in advance, in three year increments conforming to the lease term. 3.2 Place of Payment. Said payments shall be made to the Purchasing Department of the City of San Angelo,72 West College, P.O. Box 1751, San Angelo, Texas 76902.
3.3 Additional Consideration. (a) As additional rent, Lessee individually and in partnership with Project Impact, a Texas non-profit corporation, or with similar civic organizations, shall continuously provide during the term of this Lease and Program Agreement services and programs which will serve the Lake View community and the citizens of San Angelo by meeting the physical, emotional, and moral needs of service recipients and program participants. The operation of such services and programs shall be in compliance with all federal, State, and local law and regulations, and subject to the terms and conditions herein stated. As between the parties to this Agreement, the operation of such services and programs shall be the exclusive responsibility of Lessee. (b) As additional rent Lessee shall, at Lessee’s expense complete certain improvements to the Leased Premises during the first three year term of this Lease Agreement to include those improvements as described on Exhibit B attached and made a part of this Lease agreement for all purposes.4. USE OF LEASED PREMISES. 4.1 Use . Lessee shall use leased Premises only for activities associated with the provision of services and programs as described in Section 3.3 above. 4.2 Term ination. 4.2.1 If at any time the Leased Premises and any improvements thereon shall cease to be used for the purpose specified in Section 3.3, or if the Leased Premises shall be deserted or vacated, or if Lessee defaults in performance of any other term or condition of this Lease Agreement, Lessor shall have the right to terminate this Lease Agreement by giving thirty (30) days written notice to Lessee during which time Lessee may cure the breach of the Lease Agreement and thereby avoid termination. 4.2.2 At any time after expiration of the first three year term of this Lease Agreement, Lessor shall also have the right to terminate this Lease Agreement for any use deemed more appropriate by the City Council after written notice is given to Lessee and the elapse of ninety (90) days. If termination occurs under this provision, Lessee shall have the right to remove only those improvements placed by Lessee during the current term of this Lease Agreement, provided such improvements can be removed without damage to Lessor’s property, but in no event shall Lessor be required to reimburse Lessee for improvements which remain on the Premises or expenses incurred by Lessee in connection with removal of the improvements.5. CONDITION OF LEASED PREMISES. 5.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTSLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 2 of 17
THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. 5.2 Im provements. It is agreed by the parties that Lessee, subject to the prior approval of the City Council of the City of San Angelo, shall have the right from time to time at its sole cost and expense, to construct on the Leased Premises such buildings or structural improvements, and such structural alterations, additions, and changes therein as Lessee may deemed necessary or convenient for the purpose of conducting activities relating to the uses described herein. 5.3 Perm its. If Lessee constructs any building or improvement on the leased property, Lessee shall comply with the terms of this Lease and Program Agreement, with the Building, Electrical, Mechanical, and Plumbing Codes of the City of San Angelo as adopted and amended by ordinance, with ordinances of the City of San Angelo, and with the laws of the State of Texas, so far as one or more of them may be applicable. 5.4 Maintenance . Lessee agrees, at Lessee’s expense, to keep and maintain any and all structures in place, erected, or caused to be erected or placed on the Leased Premises in good and tenantable condition and appearance, and further agrees to keep said Premises in a neat, clean, and respectable condition by prompt removal of all trash, litter, debris, and junk, and will keep said Premises cleared of all objectionable matter. 5.5 Failure to Maintain. In the event Lessee shall fail to keep said Leased Premises maintained as herein required, as determined in the sole discretion of Lessor, then the Lessor, after notice to Lessee of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the Premises to be cleaned, cleared, mowed, or repaired, and Lessee expressly agrees that the cost of any such cleaning, clearing, mowing, or repairing shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such work or repair is completed and notice of the amount due is given to Lessee, past due amounts to accrue interest at the rate of six (6) percent per annum until paid in full.6. RESERVATIONS, LIMITATIONS AND CONDITIONS. 6.1 Reservations . Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas, and other mineral leases upon the Premises, valid right-of-way easements for gas, oil, or water pipelines, telephone, cable, electric pole transmission lines, or other utility lines on said Premises, or any part thereof, and in such event this Lease Agreement shall be subject and subordinate to the rights, terms and privileges of any such oil, gas, and other mineral lease or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 3 of 17
6.2 Easem ents. An easement across the Premises is hereby reserved and retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys, or other throughways. 6.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease and Program Agreement, in whole or in part, without the written consent of Lessor. 6.4 No Encumbrances. Lessee shall not have the right to encumber the Leased Premises without first securing written consent from Lessor given by authority of the City Council of the City of San Angelo; provided however, this provision shall not prohibit Lessee from encumbering its personal property which may be removed from the realty without injury to the realty. 6.5 Lessors Right to Enter. At all times during the term of the Lease Agreement, Lessor or its agents shall have the right to enter said Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of its obligations hereunder in respect to all the terms and conditions of this Lease Agreement.7. DEBTS RELATED TO LEASED PREMISES. 7.1 Taxes . Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Lease Agreement may be levied on or assessed against the Leased Premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS. The provisions of this paragraph shall survive the expiration or termination of this agreement. 7.2 Incidental Charges. Lessee shall pay or cause to be paid all incidental charges, including, but not limited to, permit fees incurred in connection with its operations and use of the Leased Premises. 7.3 Utilities . Lessee shall pay or cause to be paid all charges for water, sewer, gas, electricity, telephone, trash pick-up, cable, and any and all other utilities or services used on the Leased Premises throughout the term of this Lease Agreement, including any connection fees.8. COVERAGES . 8.1 INDEMNIFICATION AND INSURANCE.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 4 of 17
See Exhibit “C” attached hereto and incorporated herein for all purposes.9. SURRENDER OF PREMISES. 9.1 Restoration . Unless this Lease Agreement is terminated under Section 4.2, in which case the provisions of 4.2 apply, the Premises and any improvements and fixtures shall remain the property of Lessor. All improvements and fixtures restored to possession of Lessor, regardless of how this Lease Agreement is terminated, shall be in good condition (reasonable wear and tear, acts of nature, or casualties associated with civil disorders or military activities excepted). 9.2 Delivery . Lessee agrees to promptly and peacefully deliver possession of the Leased Premises and improvements to Lessor upon termination of this Lease Agreement. 9.3 Abandoned Property. All items of personal property, remaining in or on the Leased Premises after the expiration of sixty (60) days following the termination of this Lease Agreement shall be deemed abandoned by Lessee and shall become the property of Lessor.10. MISCELLANEOUS . 10.1 Invalid or Illegal Provisions. If any clause or provision of this Lease and Program Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intent of the parties that the remainder of this Agreement shall not be affected. It is also the intent of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there are added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible to be legal. 10.2 Terms of the Essence. IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE AGREEMENT. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NOT BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE AGREEMENT. 10.3 Rem edies. 10.3.1 Upon Termination. Any termination of this Agreement shall not relieve Lessee from the payment of any sum or sums that then shall be due and payable to Lessor hereunder, or any claim for damages then or theretoforeLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 5 of 17
accruing against Lessee hereunder, and any such sum or sums or claim for damages by any remedy provided by law, or from recovering damages from Lessee for any default thereunder. The provisions of this paragraph shall survive the expiration or termination of this agreement. 10.3.2 Cum ulative Remedies. All rights, options, and remedies of the parties contained in this Lease and Program Agreement or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and either party shall have the right to pursue any one or all such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Agreement. No waiver by Lessor of a breach of any of the covenants, conditions, agreements, or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained. 10.3.3 Right of Prevailing Party. If any legal action is brought by either of the parties hereto, it is expressly agreed that the prevailing party in such legal action shall be entitled to recover from the other party reasonable attorneys fees in addition to any other relief that may be awarded. For the purposes of this clause, the prevailing party is the party in whose favor final judgment is entered. In the event that declaratory or injunctive relief alone is granted, the court may determine which, if either, of the parties shall be considered to be the prevailing party. The amount of reasonable attorneys fees shall be determined by the court, in the trial of such action or in a separate action brought for that purpose. Attorneys fees awarded under the provisions of this paragraph shall be in addition to any other relief that may be awarded10.4 Notices . Any notice required or permitted to be given to a party under this Agreem ent, shall be in writing and shall be deem given (i) on the day it is delivered personally ed (with receipt); or (ii) the day after it is deposited with a nationally recognized courier service for next-day delivery; or (iii) three (3) days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested, addressed as follows: If to Lessor: City of San Angelo P.O. Box 1751 San Angelo, Texas 76902 Attn: City Manager If to Lessee: PaulAnn Baptist Church 2531 Smith Blvd. San Angelo, Texas 76905 Attention:10.5 Am endments. No modification of this Lease Agreement shall be binding unless it be inLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 6 of 17
writing and executed in due form by all of the parties hereto.10.6 Easements and Restrictions. Lessee takes this Lease and Program Agreement and the Leased Premises subject to all recorded easements and restrictions affecting the occupation and use thereof, and subject to all statutes, ordinances, and regulations of competent governmental authority affecting the occupancy and use thereof, and the construction and maintenance of improvements thereof.10.7 Relationship of Lessor and Lessee. The relationship between Lessor and Lessee at all times shall remain solely that of Landlord and Tenant and shall not be deemed a partnership or joint venture.10.8 Headings . The paragraph headings contained herein are for convenience and reference and are not intended to define, extend, or limit the scope of any provisions of this Lease Agreement.10.9 Interpretation/Venue . This Agreement shall be construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tom Green County, Texas.10.10 Anti-Discrim ination. Lessee agrees that it will not violate any federal, state, civil rights, or discrimination laws. A finding of violation of any such laws by a trial court or appropriate state or federal agency is a material breach of this Agreement which may result in the termination of the Agreement or such other remedy as Lessor may deem appropriate.10.11 Compliance with ADA. Lessee agrees to make any and all displays, events, or activities on Leased Premises accessible to individuals with disabilities in compliance with the Americans with Disabilities Act. Lessee further agrees to provide participants with necessary impairment aids.10.12 Hold Over. It is distinctly understood and agreed by and between Lessor and Lessee that any holding over by Lessee of the herein demised Premises after the expiration of this Lease Agreement shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.10.13 Entire Agreement. The Lease Agreement constitutes the entire agreement between the parties hereto, and Lessor is not bound by any agreement, stipulation, or representationmade by any agent, employee, or official of Lessor. EXECUTED in duplicate originals on this the _____ day of _______________, 2011. LESSOR CITY OF SAN ANGELO, Texas By: __________________________________Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 7 of 17
ATTEST: Harold M. Dominguez, City Manager_____________________________Alicia Ramirez, City ClerkTHE STATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________,2010, by Harold M. Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas homerule municipal corporation on behalf of said corporation. ___________________________________ Notary Public, State of Texas LESSEE PAULANN BAPTIST CHURCH ___________________________________ By: ITS:THE STATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _______________,2010, by , its of PaulAnn BaptistChurch., a Texas not for profit corporation, on behalf of said corporation. ___________________________________ Notary Public, State of TexasAPPROVED AS TO CONTENT APPROVED AS TO FORMCarl White, Director of Parks & Rec. Dan T. Saluri, Sr. Asst. City Atty.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 8 of 17
EXHIBIT A LEASE AND PROGRAM AGREEMENT NORTHSIDE RECREATION CENTER DESCRIPTION AND MAPNorthside Recreation Center is located at 2722 N. Magdalen Street, City of San Angelo,Tom Green County, State of Texas. The Recreation Center is located in Northeast sideof Lake View Park.It is bordered by Magdalen St to the West and Pecan St to the East. The facility hasparking for 30 vehicles and 5 handicapped spaces.Lessor is responsible for the area within the retaining walls, the entrance drive updriveway to Center and the area to the North and to the east of the CenterThe Center is a 7,700 square feet facility, with a gym (working scoreboard andbleachers), bathrooms w/showers, two meeting rooms downstairs, two meeting roomsupstairs, kitchen area, no stove, small office, storage room, and no HVAC in the gym.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 9 of 17
EXHIBIT B EXHIBIT B LESSEE’S IMPROVEMENTSLessee agrees to make the below listed improvements to the Premises, as defined in Par. 1.1 ofthe Lease and Program Agreement. The listed improvements are accepted by Lessor asadditional rent as stated in Par. 3.03(b) of the Lease and Program Agreement.Lessee agrees to complete the following improvements: 1) Air Conditioning System to cool the gymnasium on the Premises; 2) Interior Paint, to be completed prior to the end of the first year following the effective date of the Lease and Program Agreement; AND, 3) Exterior Paint, to be completed prior to the end of the contract period of the Lease and Program Agreement.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 10 of 17
EXHIBIT C INSURANCE REQUIREMENTS 1 INDEMNIFICATION . 1.1 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. 1.2 ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR 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 FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP ISLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 11 of 17
OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR 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 CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND. .1.3 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. .1.4 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. 1.5 APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED. 2 Insurance.Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 12 of 17
2.1General 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. 2.1.2 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. 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 council members, board and commission members, officials, agents, guests, invitees, consultants and employees. IT IS THE INTENT OF THE PARTIES THAT WAIVER OF SUBROGATION RIGHTS BE MUTUAL. CITY SELF INSURES AND WITH RESPECT THERETO WAIVES ALL RIGHTS OF SUBROGATION AGAINST LESSEE. 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 TEN (10) 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 76902. 2.1.5 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 orLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 13 of 17
upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 2.1.6 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 - Choose as many as applicable and specify limits of liability.. 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, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than: $ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and 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 shall not be less than:Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 14 of 17
$ 500,000.00 Combined Single Limit or $ 250,000.00 Per person $ 500,000.00 Per Occurrence $ 100,000.00 Property Damage 2.2.3 Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims 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 $ 100,000.00 Employer’s Liability, Each Accident $ 100,000.00 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 Lessor in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 2.2.4. Builders Risk. This policy shall be an all risk type of insurance covering work performed under this instrument and materials, equipment or other items to be incorporated into the building, while the same are located at the construction site, stored off site or stored at the place of manufacture. The policy shall cover, at a minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of work. Coverage shall not be less than:.....Amount of this is usually the value of the building... $_Required and the amount to be established if and when Lesseeconstructs improvements under the foregoing provisions of this lease.___ Completed ValueLease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 15 of 17