May 1, 2012 CIty Council Agenda Packet

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May 1, 2012 CIty Council Agenda Packet

  1. 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, May 1, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamations “National Fallen Firefighters Memorial”, May 2nd – 5th, 2012, to be accepted by Mike Robertson, President of the Military Firefighter Heritage Foundation “National Preservation Month”, May 2012, to be accepted by Brenda Gunter, President of Downtown San Angelo, Inc., and Genora Young, Executive Director of Downtown San Angelo, Inc. “Police Week”, May 13th - May 19th, 2012 and “Peace Officers Memorial Day” May 15, 2012, to be accepted by Tim Vasquez, Chief of Police, “Bicycle Safety Awareness Month”, May 2012, to be accepted by Gene Potter of the San Angelo Bicycle Association “Motorcycle Safety Awareness Month”, May 2012, to be accepted by Marshal Munce, Owner and Rider Coach of Southwest Motorcycle Training D. Recognition Best Practices Re-Certification Recognition, City of San Angelo Police Department, presented by Marlin Price, Program Coordinator, Texas Law Enforcement Recognition Program, to be accepted by Tim Vasquez, Chief of Police, Kevin Hollway, Assistant Chief of Police, and Dennis McGuire, Sergeant E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.City Council Agenda Page 1 of 5 May 1, 2012
  2. 2. II. CONSENT AGENDA 1. Consideration of approving the April 17, 2012 City Council Regular meeting minutes 2. Consideration of awarding bids and authorizing the City Manager or his designee to execute any necessary related documents: a. WU-03-12: Soil Sampling, SKG Engineering (San Angelo, TX), $4,399.89 b. WU-06-12: Water Meters, HD Supply Waterworks (San Angelo, TX), $138,750.00 3. Consideration of awarding RFP VM-02-12 for Digger Derrick Dealers to Altec Nueco, authorizing staff to negotiate a contract not to exceed $100.000.00, and authorizing the Interim City Manager to execute said contract and any necessary related documents 4. Consideration of approving a recommendation from the Evaluation Team to award RFP: PI-01- 11/Website Design contract to Vision Internet, in an amount not to exceed $40,000.00 for design of a new, custom website for the City of San Angelo, and authorizing the City Manager to negotiate and execute a contract with the recommended vendor 5. Consideration of authorizing the sale of 3253 Red Bluff West, 3253 Red Bluff Road West, Lot 111, Group Red Bluff (Lewis), for the appraised value of $71,700.00 and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property, subject to completion of all curative requirements 6. Consideration of authorizing the Interim City Manager and Water Utilities Director to make an application, negotiate, and execute a contract with AEP Texas for the Electric Load Management Program, and to accept the funds upon approval of the application and award of the program 7. Consideration of authorizing the City of San Angelo to enter into an Interlocal Agreement with the Tom Green County Sheriff’s Office for the purpose of jointly applying for the Edward Byrne Memorial Justice Assistance Grant and authorize the Interim City Manager to execute any necessary related documents 8. Consideration of authorizing the Interim City Manager to execute the third amendment to the lease agreement between the City of San Angelo and Federal Express Corporation in the amount of $45,113.04 annually at the San Angelo Regional Airport 9. Consideration of approving bylaws drafted to govern the Downtown Development Commission 10. Consideration of approving a non exclusive license agreement between the City of San Angelo and Jeff Partusch, owner of 113 E. Concho Avenue, for placement of a concrete dumpster pad, dumpster, and screening fence on the southwest corner of the parking area in Bart DeWitt Park for use by businesses in the 100 block of Concho Avenue, for use as authorized in the agreement, and authorizing the Interim City Manager to execute said agreement 11. Second hearing and consideration of adoption of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Article 9.200 of the City of San Angelo Code of Ordinances by adding Section 9.209 related to temporary variances from City ordinances for Special Events on City property AN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,” ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUBSECTION 9.209, ENTITLED “SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE 12. Consideration of adopting a Resolution authorizing applicant, San Angelo Blues Society, to hold a special event downtown known as “Simply Texas Blues Festival” on May 12, 2012 and granting variances from city ordinances, including noise ordinanceCity Council Agenda Page 2 of 5 May 1, 2012
  3. 3. III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 13. Presentation of Downtown San Angelo, Inc., 4th Quarter 2011 and 1st Quarter 2012 Reports (Presentation by DSA Executive Director Genora C. Young) 14. Discussion and possible action related to the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program and authorizing the Interim City Manager to negotiate and execute an interlocal agreement with North Central Texas Council of Governments, pursuant to Master Contract with Utility Service Partners Private Label, Inc. (“USP”) for water and sewer line repair coverage to homeowners residing within the City as part of a protection program and any related documents (Presentation by Assistant City Manager Elizabeth Grindstaff and Utility Service Partners, Inc., General Manager Brian Davis) 15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-03: Daniel Anderson 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: 320 West 26th Street, approximately 650 feet east from the intersection of North Bryant Boulevard and West 26th Street, more specifically occupying H.O. Byrd Subdivision, the west 128 feet Lot 23 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 16. First Public Hearing and consideration of the Planning Commission’s recommendation modifying a request for a zone change from Single-Family Residential (RS-1) to Heavy Commercial (CH), alternatively recommending a zone change from Single-Family Residential (RS-1) to General Commercial (CG) with an introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-04: Claudia Perez 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: 2687 & 2695 Armstrong Street, approximately 400 feet southCity Council Agenda Page 3 of 5 May 1, 2012
  4. 4. from the intersection of Armstrong Street and East 28th Street. More specifically occupying the Lewis Subdivision, Block 1, Lots 3 & 4 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 17. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-03: Howard College Campus 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: 3501 North US Highway 67, encompassing the area known as the Howard College, more specifically, being 33.802 acres out of the J. Pointevent Survey 1113, Abstract 4873, and Paulann Park Addition, Section 3, Tract H, being 0.76 acre, and Paulann Park Addition, Section 3, Tract G, being the northwestern 0.145 acre, in northeast San Angelo, a zone change from a combination of General Commercial (CG) and Light Manufacturing (ML) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 18. Discussion and possible action on authorizing the purchase of ball field netting at the Texas Bank Sports Complex (Requested by Councilmember Morrison and presentation by Recreation Manager MaryAnn Vasquez) 19. Consideration of approving the creation of a sculpture garden at Sunken Garden Park (Presentation by Parks and Recreation Director Carl White) 20. First public hearing and consideration of introduction of an Ordinance amending the 2011-2012 Budget for grants, new projects and incomplete projects (Presentation by Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of matters discussed in Executive/Session, if needed 22. Public hearing, consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COSADC) Board of Directors to allocate $455,000.00 of half-cent sales tax funds for the construction of a 25 foot wide extension of Smith Blvd. to Paul Ann Blvd. for the purpose of facilitating access to the commercial property in the Chaparral Industrial Park, to include authorizing the COSADC Board to issue a Request for Bid for the project and to award a contract that represents the best value for the project, authorizing the COSADC Board President to negotiate a contract with the selected vendor, and to direct the publication of a 60-day notice of the proposed project for public comment period 23. Announcements and consideration of Future Agenda Items Special City Council Meeting – May 22, 2012 – Canvass of May 12, 2012 General Election 24. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, April 25, 2012, at 6:30 P.M. ________________________City Council Agenda Page 4 of 5 May 1, 2012
  5. 5. PROCLAMATIONWhereas, Dawn Siebel with the help of the National Fallen Firefighters Foundation created the Better Angels: The Firefighters of 9/11 exhibit which is a collection of 343 individual oil paintings of the New York City Firefighters who died on 9/11; andWhereas, the City of San Angelo will be 1 of 5 cities in the United States to host this exhibit thanks to the Military Firefighters Heritage Foundation; andWhereas, this exhibit will be on display at the San Angelo Museum of Fine Arts from May 2-5, 2012; andWhereas, the Military Firefighters Heritage Foundation will hold the 2012 Fallen Firefighters Memorial Service and Firefighter Ball on May 4-5, 2012; andWhereas, firefighters and emergency services personnel play an essential role in the protection of lives and property in our local community;Now therefore, I Alvin New, Mayor of the City of San Angelo, on behalf of the City Council,do hereby proclaim the week of May 2-5, 2012, “Better Angels – Firefighters of 9/11 Remembered”in recognition of the patriotic service and dedicated efforts of our fire and emergencyservices personnel. I encourage all citizens to visit this exhibit and participate in thememorial events in respect for those who lost their lives in the travesty of September 11,2001.I further call upon citizens of the City of San Angelo to remember all fire and emergencypersonnel who have made the ultimate sacrifice in service to their community and to payrespect to the survivors of our fallen heroes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 1st day of May, 2012. THE CITY OF SAN ANGELO ___________________________
  6. 6. PROCLAMATIONWHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; andWHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; andWHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; andWHEREAS, "Discover Americas Hidden Gems" is the theme for National Preservation Month 2012, cosponsored by Downtown San Angelo, Inc., and the National Trust for Historic Preservation.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, onbehalf of the City Council, do hereby proclaim May 2012 as “National Preservation Month”and call upon the people of San Angelo to join their fellow citizens across theUnited States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 1st day of May, 2012. THE CITY OF SAN ANGELO ___________________________
  7. 7. PROCLAMATIONWHEREAS, In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; andWHEREAS, This week is dedicated to pay tribute to those officers who have died in the line of duty and the San Angelo Police Department will have a number of planned events to honor those who have made the ultimate sacrifice; andWHEREAS, The members of the law enforcement agencies of San Angelo and Tom Green County unceasingly provide vital public services and play an essential role in safeguarding the rights and freedoms of the citizens of San Angelo and Tom Green County; andWHEREAS, It is important all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; andNOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim May 13 through May 19, 2012, as “POLICE WEEK”and call upon all citizens and organizations of San Angelo to observe this memorial occasion withappropriate ceremonies in which all of our people may join in commemorating law enforcementofficers, past and present, who by their faithful and loyal devotion to their responsibilities haverendered a dedicated service to their communities.I FURTHER call upon all citizens of San Angelo to observe May 15, 2012, as “PEACE OFFICERS MEMORIAL DAY”in honor of those Peace Officers who, through their courageous deeds, have lost their lives or havebecome disabled in the performance of duty. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 1st day of May, 2012. THE CITY OF SAN ANGELO
  8. 8. PROCLAMATIONWHEREAS, In 2009, 630 pedalcyclists were killed and an additional 51,000 were injured in motor vehicle traffic crashes and, pedacyclist deaths accounted for 2 percent of all motor vehicle traffic fatalities; andWHEREAS, All bicyclists should wear properly fitted bicycle helmets every time they ride which is the single most effective way to prevent head injury resulting from a bicycle crash; andWHEREAS, Bicyclists are considered vehicle operators; they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings and must ride in the same direction as traffic; andWHEREAS, Drivers of motor vehicles need to share the road with bicyclists and should be courteous and allow at least three feet clearance when passing a bicyclist on the road, look for cyclists before opening a vehicle door or pulling out from a parking space, yield to cyclists at intersections, and be watchful for cyclists when making left or right turns; andWHEREAS, Bicyclists should increase their visibility to drivers by wearing fluorescent or brightly colored clothing during the day, dawn, and dusk and use a front light and a red reflector or flashing rear light, and use retro-reflective tape or markings on equipment or clothing.NOW, THEREFORE, I Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim the month of May, 2012 as “BICYCLE SAFETY MONTH”and encourage the San Angelo community to be mindful of motorcyclists on the road IN WITNESS WHEREOF, I have hereunto, set my and caused the Seal of the City to be affixed this 1st day of May, 2012 THE CITY OF SAN ANGELO Alvin New, Mayor
  9. 9. PROCLAMATIONWHEREAS, Motorcycle fatalities increased slightly in 2010 to 4,502 accounting for 14 percent of total fatalities for the year picking up the overall increasing trend over the last 13 years; andWHEREAS, Motorcyclists have responsibilities such as obeying traffic rules, being alert to other drivers, never riding while impaired or distracted, and always wearing a compliant helmet and other protective gear; andWHEREAS, Motorists should always signal their intentions before changing lanes or merging with traffic, which allows motorcyclist to anticipate traffic flow and find a safe lane position; andWHEREAS, Road conditions that are minor annoyances to motorists can pose major hazards to motorcyclists and, motorcycle riders may change speed or adjust position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement; andWHEREAS, When following a motorcycle, motorist should keep a distance of three or four seconds so the motorcycle rider has enough time to maneuver or stop in an emergency; andWHEREAS, Motorcyclists have the same rights and privileges as any motor vehicle driver on the roadway and drivers of all other vehicles, and all road users are reminded to safely “share the road” with motorcyclists.NOW, THEREFORE, I Alvin New, Mayor of the City of San Angelo, Texas, on behalf of theCity Council, do hereby proclaim the month of May 2012 as “MOTORCYCLE SAFETY AWARENESS MONTH”and encourage the San Angelo community to be mindful of motorcyclists on the road. IN WITNESS WHEREOF, I have hereunto, set my and caused the Seal of the City to be affixed this 1st day of May, 2012 THE CITY OF SAN ANGELO
  10. 10. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 423Tuesday, April 17, 2012 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, April 17, 2012, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmembers Alexander and Morrison, thus constituting aquorum. Whereupon, the following business was transacted:An invocation was given by John S. Pope, Pastor of Galilee Baptist Church and pledge was led by ChristinaLewis, a 6th grade student at Texas Leadership/TLC Academy.PROCLAMATION AND RECOGNITIONS“Earth Day”, April 22, 2012, was accepted by Girl Scout Troop 5130 accompanied by Troop Leader CamilleYale.Civic League Park designated as a Lone Star Legacy Park by the Texas Recreation and Park Society.James Flores, Code Compliance Manager, for his tireless efforts towards the City of San Angelos neighborhoodrevitalization programs by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderlyand disabled citizens.City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the Cityfor its continued progress towards achieving financial transparency, to be accepted by Chief Accountant BillSmith, Budget Manager Morgan Trainer, Senior Budget Analyst Laura Brooks, Senior Budget Analyst SteveMahaffey, Public Information Officer Ty Meighan, and Multimedia Coordinator Brian Groves.PUBLIC COMMENTCouncilmember Farmer recognized First Lady Anita Perry and the Texas Historical Commission for honoringSan Angelo with a Texas Treasures Award on April 10, 2012.Councilmember Silvas commented on the street reconstruction projects, the funding for the projects, theprioritization of the projects, and possible ballot initiative. Mayor New explained that if a ballot initiative issought, the funds are not new sales tax funds but reallocated monies to the project. Interim City ManagerMichael Dane also added staff will consider a maintenance component to commit funds to the maintenance andreconstruction of the streets.Mr. Dane recognized fallen and former San Angelo Police Officer Jaime Padron, the Austin Police Department,and the support and compassion of the citizens.
  11. 11. Page 424 MinutesVol. 103 April 17, 2012CONSENT AGENDAAPPROVAL OF THE APRIL 3, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF A HOUSTON-GALVESTON AREA COUNCIL (HGAC) PURCHASING CO-OPERATIVEBID (PD-02-12) FOR SPRINT FOR AIR CARD SERVICE IN THE AMOUNT OF $62,455.56 ANDAUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANYNECESSARY RELATED DOCUMENTSADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE OF TAX LOTS:20 W 11th Street (Murillo), Lots 16 & 17, Block 53 Miles Addition, $2,500, Suit No. B-06-0064-T (ANNEXA, PAGE 429, RESOLUTION #2012-04-048R)707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, Suit No. TAX89-0557B (ANNEX B, PAGE431, RESOLUTION #2012-04-049R)Next to 612 E 42nd Street, (Gonzales), Lot 14, Block 47, Lake View Addition, $1,100, Suit No. B-06-0035-T (ANNEX C, PAGE 433, RESOLUTION #2012-04-050R)APPROVAL OF AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF SAN ANGELO ANDVARSITY CONTRACTORS FOR JANITORIAL SERVICES (PUR-04-09), AND AUTHORIZATIONFOR THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENTCONFIRMATION OF THE INTERIM CITY MANAGER’S APPOINTMENT OF RHEA COOKE TOSERVE A 1ST TERM ON THE CIVIL SERVICE COMMISSIONSECOND HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO(ANNEX D, PAGE 435, ORDINANCE #2012-04-051)PD 12-02: Shannon Medical Center DowntownAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 120 East Harris Avenue encompassing the area known as theShannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon MedicalCenter Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San AngeloAddition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition,Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles AcreLots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-RiseMultifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial(CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYCouncilmember Silvas requested the Hartford item be considered in the Regular Agenda. Council concurred.Motion, to approve the Consent Agenda, as presented, with the exception of the Hartford item, was made byCouncilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.
  12. 12. Minutes Page 425April 17, 2012 Vol. 103REGULAR AGENDA: PUBLIC HEARING AND COMMENTAPPROVAL OF A RESOLUTION DECLARING THE INTENTION OF THE CITY TO CONTINUE THEHARTFORD VARIABLE ANNUITY LIFE INSURANCE COMPANY DEFERRED COMPENSATIONPLAN; RESERVING THE RIGHT TO TERMINATE OR AMEND THE PLAN AT ANY TIME; AND,AUTHORIZATION FOR THE CITY MANAGER, OR INTERIM CITY MANAGER, OR HIS DESIGNEETO EXECUTE SUCH DOCUMENTS AS HE MAY DEEM NECESSARY OR DESIRABLE TO CARRYOUT THE INTENT OF THIS RESOLUTION AND REQUIRED UNDER THE PLAN TO MAKE THEPLAN FULLY EFFECTIVE IN ACCORDANCE WITH ITS TERMS (ANNEX E, PAGE 447,RESOLUTION #2012-04-052R)Human Resources Director Lisa Marley presented background information.Motion, to approve, as presented, was made by Councilmember Silvas and seconded by CouncilmemberHirschfeld. Motion carried unanimously.APPROVAL OF A LICENSE AGREEMENT WITH THE SAN ANGELO HEALTH FOUNDATION FORTHE CONSTRUCTION OF A TRAIL ALONG THE SOUTH BANK OF THE NORTH CONCHO RIVERBETWEEN IRVING STREET AND CITY-OWNED PROPERTY EAST OF KOENIGHEIM STREET (U.S.HWY 87, NORTH) AS PART OF THE RIVER IMPROVEMENT PROJECT AND AUTHORIZATION FORTHE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENTParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Record.Motion, to approve, as presented, was made by Councilmember Adams and seconded by CouncilmemberHirschfeld. Motion carried unanimously.DISCUSSION AND ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGEROR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A DEVELOPMENT AND OPERATINGAGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELOAND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC) RELATING TO CREATION OFTHE PERFORMING ARTS CENTER AND CAMPUS WHICH WILL INCLUDE THE CITYAUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USEOF OFFICE SPACE BY SAPAC WITHIN CITY HALL BUILDING; PROVIDING FOR FUNDINGRESPONSIBILITIES OF THE PARTIES; AND PROVIDING FOR RELATED MATTERS (ANNEX F,PAGE 449, RESOLUTION #2012-04-053R)Interim City Manager Michael Dane presented background information. A copy of the revised contract wasdistributed and is part of the Permanent Supplemental Record.General discussion was held on the museum allocation in relation to other cultural grant applications andallocations, Section 5.2 regarding adding a tiered distribution for their allocation related to their performancestandards, broadening the Hotel/Occupancy allocation definition concept in relation to the allocation andincentive, performance measures, clearly defining the return on investment and having all players compete onthe same standards, and the effective date of the agreement.San Angelo Area Foundation Executive Director Matt Lewis further clarified the Hotel/Motel Occupancy TaxRevenue (HOT) allocation and the intention of the allocation.RECESSAt 10:13 A.M., Mayor New called a recess.RECONVENEAt 10:24 A.M., Council reconvened, and the following business was transacted:
  13. 13. Page 426 MinutesVol. 103 April 17, 2012General discussion continued on defining the performance measures under a separate HOT ordinance and aseparate lease agreement, and coordinating completion of City Hall and construction of the west mezzanine forSAPAC.Councilmember Farmer commented, for clarification purposes, the draft contract under consideration today, isnot the document presented in the packet.Motion, to adopt the Resolution, as presented, allowing staff to negotiate minor non-substantive changes, 5.2section revisions, as stated, and to include a charitable intent clause, was made by Councilmember Hirschfeldand seconded by Councilmember Farmer.Responding to a question from Councilmember Silvas, Mr. Lewis informed the foundation, to date, have raised$7.3M however the funds are not dedicated to either project (auditorium restoration or performing arts center).The total funding for both projects is $13.7M and the grantees and donors have expressly noted the donationsare for the entire project. Mr. Lewis stated once all the funds are secured, the monies for the projects will bededicated to commence construction on the projects.A vote was taken on the motion on the floor. Motion carried unanimously.DISCUSSION OF CITY PROCEDURES REGARDING VIOLATIONS PERTAINING TO CODE OFORDINANCE CHAPTER 7, SECTION 7.303, ENTITLED “WEEDS AND VEGETATION”,SPECIFICALLY TALL GRASS AND WEEDS OVER 12 INCHESRequested by Councilmember Adams and Code Compliance Manager James Flores presented backgroundinformation.General discussion was held on the timeline to comply once a citation or notice is received, number ofcomplaint calls, courtesy notices and related costs, reducing the number of days to comply, rescinding theresolution establishing the procedure, related cost to the increased liens filed and lots mowed, and increasing theadministrative fee and fines.Council directed staff to research the resolution and present their recommendation at a future meeting as well asdirected staff to conduct further research to increase the administrative fees and fines associated with the codeviolations.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9,LAKES, PARKS AND RECREATION AREAS, ARTICLE 9.200 OF THE CITY OF SAN ANGELO CODEOF ORDINANCES BY ADDING SECTION 9.209 RELATED TO TEMPORARY VARIANCES FROMCITY ORDINANCES FOR SPECIAL EVENTS ON CITY PROPERTYAN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,”ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUB-SECTION 9.209, ENTITLED“SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FORSEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATECivic Events Manager Anthony Wilson presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld. Motion carried unanimously.TABLING OF DISCUSSION AND POSSIBLE ACTION ON AUTHORIZING THE PURCHASE OF BALLFIELD NETTING AT THE TEXAS BANK SPORTS COMPLEXDue to Councilmember Morrison’s absence, Mayor New suggested tabling the item. Council concurred.DISCUSSION AND CONSIDERATION OF THE POSSIBILITY OF ISSUING REBATES OF WATERFEESBudget Manager Morgan Trainer presented background information and recommended no action at this time.
  14. 14. Minutes Page 427April 17, 2012 Vol. 103Council concurred. A copy of the presentation is part of the Permanent Supplemental Record.PUBLIC HEARING AND APPROVAL AND ADOPTION OF A RESOLUTION AUTHORIZING THEADOPTION OF THE 2012-2017 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO(ANNEX G, PAGE 451, RESOLUTION #2012-04-054R)Budget Manager Morgan Trainer presented background information. A copy of the presentation is part of thePermanent Supplemental Record.General discussion was held on the length of time a project remained on the project list, the project’s relativevalue, and Council’s desire to schedule and completes the projects.Mayor New opened the floor to hear public comments regarding the proposed plan.Public comment was made by Citizen Jim Turner. Being no further comments, Mayor New closed the publiccomment hearing period.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer. Motion carried unanimously.TABLING OF DISCUSSION AND POSSIBLE ACTION RELATED TO THE CITY OF SAN ANGELO’SPARTICIPATION IN THE NATIONAL LEAGUE OF CITIES (NLC) SERVICE LINE WARRANTYPROGRAMAssistant City Manager Elizabeth Grindstaff stated the representative was not available to make his presentationand suggested tabling the item to the next meeting. Council concurred.ADOPTION OF A RESOLUTION IMPLEMENTING DROUGHT LEVEL II OF THE CITY’S WATERCONSERVATION AND DROUGHT CONTINGENCY PLAN (ANNEX H, PAGE 453, RESOLUTION#2012-04-055R)Director of Water Utilities Will Wilde presented background information.General discussion was held on the City’s proactive practices and actions in the past years; clarified the effectivedate of May 1, 2012 for the June billing cycle; proactively advertise the specifics of the plan, specifically the feeschedule; and the marketing and educational efforts via the website and social networks.Public Information Officer Ty Meighan stated staff will prepare a marketing plan similar to the Drought StageLevel I campaign.Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Farmer. Motion carried unanimously.RECESSAt 12:06 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:37 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; Section 555.071(2) to consult with attorney on a matter in which the duty of the attorney to thegovernmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texasclearly conflicts with this chapter on issues related to the Texas Open Meetings Act; and Section 551.087 todiscuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo isconducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay orexpand in San Angelo.
  15. 15. Page 428 MinutesVol. 103 April 17, 2012OPEN SESSION (continued)At 1:11 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:11 P.M., Mayor New called a recess.RECONVENEAt 1:18 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.CONSIDERATION OF FUTURE AGENDA ITEMSInterim City Manager Michael Dane distributed the proposed May 1, 2012 Agenda and solicited Councilcomments and suggestions.Update on the Hickory Aquifer well field capacity report and pipeline construction.Update on Chadbourne Street “S” curve next to newly construction multi modal terminal and related issues.Update on technology improvements and future plans for the organization.Consideration of tabled items from today’s meeting.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Silvas. Motioncarried unanimously.The meeting adjourned at 1:37 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-HIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  16. 16. City of San AngeloMemo Date: April 17, 2012 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding RFP VM-02-12 for Digger Derrick Dealers to Altec Nueco, authorizing staff to negotiate a contract not to exceed $100,000, and authorizing the Interim City Manager to execute said contract and any necessary related documents. Summary: The Vehicle Maintenance Department requested proposals for dealers to provide assistance in locating and facilitating the acquisition of a used and reconditioned or demo digger derrick for the Traffic Department to replace a current unit that has exceeded it operational life. Altec Nueco submitted a response to the Request for Proposal (RFP). History: Historically, the City has purchased new equipment to replace current fleet units or add to the fleet. New equipment is primarily preferred due to the extended life and lower overall lifetime costs associated with new units verses purchasing on the used market. Occasionally, factors such as budget constrains prohibit this practice and, therefore, alternatives must be sought. A Request for Bid (RFB) for a new digger derrick was distributed with an option to provide a used piece of equipment as an alternative in RFB VM-01-12. An acceptable used unit was located and bid during that time, but was sold and therefore was unavailable before the unit could be approved for purchase in accordance with the City’s Purchasing Policy. Due to the unpredictable availability of a used unit and coordination with the RFB process, staff determined a Request for Proposal (RFP) to allow negotiations to occur with a dealer when an acceptable unit becomes available would be more beneficial than the traditional bidding method. Staff solicited for proposals from vendors familiar with this type of equipment for the location and potential purchase of a used digger derrick. Staff supplied in the proposal its list of preferences when seeking a piece of equipment for consideration. Proposals were evaluated and ranked by the selection committee using the following criteria: 1. Ability to meet budgetary constraints 2. Ability to provide unit(s) based on the City’s preferences 3. Experience of the vendor with this equipment 4. Services available both during and after the saleX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-02-12 - Digger DerrickDealers.doc
  17. 17. The selection committee was comprised of Roger Banks, Purchasing Manager and Patrick Frerich, Equipment Maintenance Superintendent. Financial Impact: Altec Nueco submitted a proposal based on the City’s RFP. Their submission garnered a ranking of 100 of 100 points, and no other proposals were received. This purchase is expected to remain within the $100,000 budget, and equipment will be sought and considered accordingly. Qualifying equipment will be presented to Council for approval to proceed with the purchase. Related Vision Item: NA Other information/Recommendation: Staff seeks approval to enter into negotiations with Altec Nueco (Birmingham, AL), the submitter of the most appealing proposal. Negotiations will include locating and evaluating candidates for purchase, selling prices, evaluating and choosing available options, and logistical considerations. Attachments: RFP VM-02-12 Ranking Justification Memo RFP VM-02-12 Acknowledgement Form Reviewed by: Ricky Dickson, Director – OperationsX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-02-12 - Digger DerrickDealers.doc
  18. 18. City of San Angelo Proposal Acknowledgment * RFP: VM-02-12 (Rebid)/Digger Derrick Dealer Date: February 23, 2012/2:00 PM Proposals Received City, State 1 Altec San Antonio TX Proposals sent to: Altec Kaufman TX Terex San Antonio TXNOTE: Include this form with your Agenda MemoY:12-RFXVehicle MaintenanceVM0212 RFP-Rebid DiggerRFP Acknowledgement
  19. 19. MEMORANDUMTo: City CouncilFrom: Patrick Frerich / Vehicle MaintenanceDate: April 17, 2012Subject: VM-02-12 Digger Derrick Dealers Proposal Review__________________________________________________________________ The Vehicle Maintenance Department requested proposals for dealers familiar in the sale of used and reconditioned or demo digger derricks. RFP VM-02-12 was draft outlining criteria and stipulations interested vendors should take into consideration. Sought were proposals of vendors dealing with this equipment that were the most appealing and offered the most benefit to the City. Altec Nueco responded with proposals in accordance with the RFP. Proposals were then reviewed by the selection committee consisting of Patrick Frerich – Vehicle Maintenance, and Roger Banks - Purchasing. Committee members ranked the proposal on a cumulative scale of 100 points as follows: Ability to Meet Budgetary Constraints 40 Points Max Ability to Provide Unit(s) based on the City’s Preferences 30 Points Max Experience of the Vendor with this Equipment 20 Points Max Services Available both During and After the Sale 10 Points Max The resulting rankings are outlined below: Budgetary Preference Services Experience Total Points Vendor Constraints Alignment Available (20 Points) (100 Points) (40 Points) (30 Points) (10 Points) Altec Nueco 40 30 20 10 100 Based on these rankings, the Selection Committee recommends selecting the proposal from Altec Nueces to enter into subsequent phases of the RFP process of negotiation, and acceptance.
  20. 20. City of San AngeloMemo Date: April 23, 2012 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Agenda Item for May 1, 2012 Council Meeting Contact: Tom Kerr, 657-4209 Caption: Consent Item Consideration of award of bid for WU-03-12 Soil Sampling to SKG Engineering in the amount of $4,399.89 Summary: Two (2) bids were received from local laboratories to provide soil sampling for the Water Reclamation Facility as is required under TCEQ permit. The laboratories being SKG Engineering and Talem Laboratories. SKG Engineering provided the lowest bid. History: Soil sampling and analysis is required per the TCEQ permit for the City Water Reclamation Facility. Financial Impact: Funded within the Water Reclamation Facility operation budget at $4,399.89. Related Vision Item N/A Other Information/ It is recommended that the bid be awarded to SKG Engineering of San Angelo. Recommendation: Attachments: Bid Tab Presentation: None Publication: N/A Reviewed by Will Wilde, Water Utilities Director, April 23, 2012. Service Area Director:
  21. 21. CITY OF SAN ANGELO Bid Tabulaltion/ RFB NO: WU-01312/Soil Sampling * March 8, 2013 SKG Engineering Talem Estimated Extended Extended Item Description Qty Unit Price Price Unit Price Price 1 Soil Sampling 33 $ 133.33 $ 4,399.89 $ 363.00 $ 11,979.00 Requests for Bids were mailed to: JEA/Hydrotech Engineering Fort Worth, TX SKG Engineering San Angelo, TX Talem San Angelo, TX White Buffalo Environmental Services San Angelo, TX X8Environmental, Inc. Lubbock, TXY:12-RFXWater UtilitiesWU0312 Soil Sampling ServicesBid Tab
  22. 22. City of San AngeloMemo Date: April 16, 2012 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Agenda Item for May 1, 2012 Council Meeting Contact: Tom Kerr, 657-4209 Caption: Consent Item Consideration of award of bid for WU-06-12 Water Meters to HD Supply Waterworks Summary: Three (3) bids were received from vendors to supply 1 inch water meters as specified. The vendors being Aqua Metric Sales Co., HD Supply Waterworks, and Neptune Technology Group, Inc.. HD Supply Waterworks provided the lowest bid. History: The meters are utilized in the on-going meter water replacement program. The meters in this bid are utilized primarily in residential and commercial applications. Financial Impact: Funded within the Water Distribution operation budget at $138,750.00. Related Vision Item N/A Other Information/ It is recommended that the bid be awarded to HD Supply Waterworks. Recommendation: Attachments: Bid Tab Presentation: None Publication: N/A Reviewed by Will Wilde, Water Utilities Director, April 16, 2012. Service Area Director:
  23. 23. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-06-12/Water Meters * April 11, 2012 HD Supply Waterworks Aqua Metric Sales Co. Neptune Technology Group, Inc. No. Item Unit Est Qty Unit Cost Total Price Unit Cost Total Price Unit Cost Total Price 1 Metal Door Transition Ea 1,250 $ 111.00 $ 138,750.00 $ 152.69 $ 190,862.50 $ 115.00 $ 143,750.00 Total Bid $ 138,750.00 $ 190,862.50 $ 143,750.00 Delivery Days 21 30 30 Piggy Back Availibility: No Yes No Payment Discount: None None None Bids Mailed To: Aqua Metric Sales Co. Riverside CA Big Country Brownwood TX HD Supply Waterworks San Angelo TX HD Supply Waterworks Pflugerville TX Morrison Supply San Angelo TX Municipal Water Works Royse City TX Neptune Technology Group, Inc. Tallasee AL Plastic Wholesale Abilene TX Western Industrial Odessa TXY:12-RFXWater UtilitiesWU0612 Water MetersBid Tab
  24. 24. City of San AngeloMemo Date: April 26, 2012 To: Mayor and Councilmembers From: Ty Meighan, Public Information Officer Subject: Agenda Item for 05-01-2012 Council Meeting Contact: Ty Meighan or Elizabeth Grindstaff Caption: Consent Agenda Consideration of matters relating to Request for Proposal RFP: PI-01-11, and actions in connection thereto: a. Approving a recommendation from the Evaluation Team to award RFP: PI-01- 11/Website Design contract to Vision Internet, in an amount not to exceed $40,000.00 for design of a new, custom website for the City of San Angelo, and authorizing the City Manager to negotiate and execute a contract with the recommended vendor b. Authorizing a budget amendment for the project funds in an amount not to exceed $40,000.00 to cover costs of designing the new website, training staff, and hosting the newly designed site Summary: The Evaluation Team unanimously recommended awarding a contract designing a new, custom website for the City of San Angelo to Vision Internet and is now requesting approval of the vendor selection and budget amendment to the City Council. The contract will be in the amount of $40,000.00. History: The City’s current website was originally designed in 2004, and is not capable of incorporating many of the recent advances in social media, online commerce, and mobile technologies. As a result, Public Information has utilized third-party sites to achieve the functionality needed to ensure the City of San Angelo has website capabilities that meet the needs of City staff, local businesses, and our constituents. The existing site is not user-friendly for our customers, and is cumbersome for staff to maintain. The City needs a Web presence that provides information and tools to all users and clearly communicates that we are a thriving, forward-looking, business- friendly community that understands the need to facilitate online transactions and eliminate waste and duplication caused by using antiquated systems. On October 11, 2011, the City’s Purchasing Department issued a Request for Proposals for the project. Proposals were issued to six companies registered with the City to provide these services, one of which is in San Angelo. Purchasing received five proposals on October 28, 2011. The Evaluation Team has scored and ranked each proposal based on the criteria and project requirements outlined in the RFP. The Evaluation Team unanimously recommends the contract be awarded to Vision Internet as that company’s Proposal represents the best value for the project. See attached information for additional details.
  25. 25. Financial Impact: The costs for the website design, hosting, and training staff will be $40,000.00.Other Information/ a. Staff requests City Council approve the recommendation from the Evaluation Team toRecommendation: award a contract to Vision Internet for RFP: PI-01-11, in an amount not to exceed $$ 40,000.00, for design of a new, custom website for the City of San Angelo, and authorize the City Manager to negotiate and execute a contract with the recommended vendor. b. Staff requests City Council approve the budget amendment to fund the project budget in the amount of $$ 40,000.00.Attachments: Proposal Acknowledgment, RFP: PI-01-11/Website Design Summary Proposal Evaluation Scores, RFP: PI-01-11/October 28, 2011 Recommendation Memo, RFP: PI-01-11/ Website DesignPresentation: Ty Meighan, Public Information OfficerPublication: N/AReviewed by Elizabeth Grindstaff, Assistant City ManagerDirector:Approved by Legal:
  26. 26. INTEROFFICE MEMORANDUM To: Roger Banks, Purchasing Manager From: Ty Meighan, Public Information Officer Date: April, 19, 2012 RE: RFP: PI-01-11, Website DesignThe above referenced RFP was issued on October 11, 2011, and proposals were sent to six companies, includingone from San Angelo. Purchasing received five responses, which were opened on October 28, 2011. The eight-member Evaluation Team for the project included: Ty Meighan and Brian Groves, Public Information; MaryCleveland, Finance Department; Maryann Vasquez, Parks and Recreation; AJ Fawver and Donna Osborne,Community and Economic Development; John Eades, Information Technology; and, Alicia Ramirez, City Clerk. TheTeam evaluated and ranked each proposal based on the criteria and project requirements outlined in the RFP.Each proposal could be awarded up to the maximum 800 available points.1. Vision Internet, Santa Monica, CA: 700 points – This proposal represents the best value for the project and is the unanimous recommendation of the Evaluation Team. The proposal outlined a project approach that seeks input from all City departments and site users; ensures universal browser capability; creates an updated, dynamic homepage; offers web-based training for an unlimited number of participants, and will insert actual screenshots from the new system into the training documentation. The features offered in this proposal will allow staff to send blanket updates through social media, establish mobile-ready web pages, create customized reports online, and accept electronic payments. The samples and references demonstrated an innovative look with the most current technology and greatest level of customization.2. CivicPlus Sales, Manhattan, KS: 662 points – This proposal was based on customizing standard (plug-and-play type) templates; did not address all project requirements (specifically, transmitting construction plans and digital signatures); indicated limited hosting capacity and a preference for Windows-based browsers; reference sites appear similar in look and style (not unique to a particular customer); only on-site or phone training available for staff; indicated design, maintenance and hosting costs much higher than other proposals; and, did not provide a detailed timeline.3. Intrafinity, Toronto, ON Canada: 508 points – This proposal did not demonstrate experience using many of the critical, more progressive features required (specifically, online payments); did not provide contact information or URLs for sample sites; requires a user-license for their software; and, an approach that would work to fit our needs into their stock modules rather than designing a custom site based on our needs and requirements.4. GovOffice, Lincoln Park, NJ: 496 points – This company designed the City’s existing site; however, the proposal did not demonstrate the ability to implement required interactive tools or facilitate transmission of large electronic files; has no current mobile app or online registration and payment capability; lacked specifics relating to customizing the templates used to design sites; lacked specifics on schedules and social media; and had the wrong city name in the proposal, which indicates a lack of attention to the specific requirements outlined in the RFP.5. BCT Consulting, Clovis, CA: 485 points – This proposal was based on customizing standard templates; did not demonstrate municipal experience; did not address all project requirements; and, did not provide a detailed timeline.As a result of the rankings, the Team is recommending that the contract be awarded to Vision Internet of SantaMonica, California, and that the staff be authorized to negotiate a new contract for the design of a new, customwebsite for the City of San Angelo. If a satisfactory contract cannot be negotiated, staff will begin negotiationswith the company with the proposal that was determined to be the next best value for the project.xc: Elizabeth Grindstaff, Assistant City Manager
  27. 27. Attachments: Proposal Acknowledgment, RFP: PI-01-11/Website Design Summary Evaluation Scores, RFP: PI-01-11/Website Design
  28. 28. City of San AngeloMemo Date: April 18, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for May 1, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential property 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 property, subject to completion of all curative requirements. Summary: Lewis 3253 Red Bluff Road West Lot 111, Group Red Bluff $71,700 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 Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Lewis) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, April 18, 2012.
  29. 29. City of San AngeloMemo Date: April 18, 2012 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for May 1, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Consideration of authorizing the Interim City Manager and Water Utilities Director to make an application; and negotiate and execute a contract with AEP Texas for participation in the electric Load Management Program. Summary: The electric load management program is an energy efficiency incentive program that is designed to reduce electrical loads during peak demand periods. By agreeing to reduce its electrical demand, the City would receive an incentive payment based on actual load reductions. History: The Water Treatment and Wastewater Treatment Plants have emergency generators that are used for backup power. These generators would be utilized to reduce the facilities demand on the electric system grid. Financial Impact: The City will receive payments of up to $15,000 for participating in the program. Other Information/Recommendation: Under the program provisions, the City could be requested for up to a maximum of four times to reduce its load for up to 4 hours between the hours of 1:00 – 7:00 p.m. The program runs from June 1 through September 30. It is recommended the City participate in the program and the Interim City Manager and Water Utilities Director be authorized to make application; and negotiate and execute the contract documents. Attachments: Draft AEP Load Management Agreement; AEP Load Management Application; AEP Load Management Manual Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, April 18, 2012.
  30. 30. APPENDIX ASTANDARD OFFER PROGRAM AGREEMENT
  31. 31. LOAD MANAGEMENT STANDARD OFFER PROGRAM AGREEMENT This Load Management Standard Offer Program Agreement (the“Agreement”) is made and entered into by and between AEP TEXAS NORTHCOMPANY, a Texas corporation (hereinafter “TNC”), and_______________________, (hereinafter “Project Sponsor”). Project Sponsorand TNC are sometimes referred to in this Agreement individually as a “Party”and collectively as the “Parties.” WHEREAS, TNC has developed a Load Management Standard OfferProgram (the “SOP”); and WHEREAS, the SOP seeks to procure peak demand reduction throughthe interruption of electric load; and WHEREAS, Project Sponsor has developed a plan for participation in theSOP through a set of proposed curtailments of interruptible load to produce acontrollable and predictable amount of peak demand reduction for the currentyear performance period. NOW, THEREFORE, in consideration of the mutual covenants andagreements hereinafter set forth, the receipt, adequacy and legal sufficiency ofwhich are hereby acknowledged, the Parties hereby agree as follows: DEFINITIONS1.1 “Baseline Demand Usage” is the benchmark used for calculating the Demand Savings during a Scheduled or Unscheduled Interruption. The Baseline Demand Usage shall be calculated by averaging the corresponding 60 minute periods for the Interruption Demand Usage from the four previous weekdays (Monday through Friday), excluding federal holidays and any weekday time periods involving an Interruption.1.2 “Agreement Documents” shall mean 1) Project Sponsor’s approved on- line application (“Application”) and Customer Agreement, attached hereto as Attachment A and incorporated by reference herein, 2) the SOP Manual (“SOP Manual”), which is incorporated by reference herein, and 3) this Agreement together with any and all other exhibits, addenda, or amendments referenced in the Agreement Documents or made a part thereof in accordance with this Agreement; as the same may be amended from time to time. To the extent of any conflict between this Agreement and other Agreement Documents, the terms of this Agreement shall prevail.1.3 “Capacity Interruption Incentive Rate” shall mean $15/kW (Option A), $35/kW (Option B), $25.00/kW (Option C or Option D) or $20/kW (Option E) per demand (kW) Interrupted.
  32. 32. 1.4 “Customer” shall mean a TNC distribution customer that owns or leases facilities at a Project Site.1.5 “Demand Savings” shall mean the difference between Baseline Demand Usage and Interruption Demand Usage. For the purpose of this Agreement, the use of the term Demand Savings may refer to Unscheduled Interruption Demand Savings and/or Scheduled Interruption Demand Savings, as appropriate.1.6 “Estimated Demand Savings” shall mean: 1) the amount of demand that Project Sponsor proposes in the Application to save in a one-hour period during Summer Peak Demand Period through Interruptions that are implemented pursuant to the SOP and that TNC approves after review of the Application and receipt of all Customer Agreements, or 2) the amount of approved Scheduled or Unscheduled Interruption Demand Savings from the Interruption, whichever is less.1.7 “IDR” shall mean interval data recorder.1.8 “Incentive Budget” shall mean the amount of money budgeted by TNC in each calendar year of the SOP.1.9 “Interruptible Load” shall mean the equipment, material, or systems at a Project Site that is identified in the Application as electric load that will be interrupted by the Customer at the request of TNC pursuant to the SOP.1.10 “Interruption” shall mean shutting down the electrical operation of Interruptible Load at the request of TNC pursuant to the SOP.1.11 “Interruption Demand Usage” shall mean the average demand that occurs during any one-hour (four 15-minute interval) period of an Interruption.1.12 “Option A” shall include up to four (4) 4-hour Unscheduled Interruptions per Performance Period.1.13 “Option B” shall include up to twelve (12) 4-hour Unscheduled Interruptions per Performance Period.1.14 “Option C” shall include up to twelve (12) 2-hour Unscheduled Interruptions per Performance Period.1.15 “Option D” shall include up to eight (8) 4-hour Unscheduled Interruptions per Performance Period.1.16 “Option E” shall include up to eight (8) 2-hour Unscheduled Interruptions per Performance Period.
  33. 33. 1.17 “Performance Period” shall mean the period from June 1 through September 30 for Options A, B and C, and shall mean the period from August 1 through September 30 for Options D and E of each calendar year of the SOP.1.18 “Performance Period Payment” shall mean the payment made by TNC to Project Sponsor for Demand Savings, as calculated pursuant to Article 7.3 of this Agreement.1.19 “Program Manager” shall mean the TNC representative assigned as the point of contact for the SOP as identified in Article 13.1 of this Agreement.1.20 “Project Site” shall mean the location of a Customer’s Interruptible Load, as identified in the Application. For the purposes of this Agreement, multiple facilities representing Interruptible Load may be combined into one Project Site as long as they are connected to a single IDR meter. The total Interruptible Load at a Project Site must have a recorded demand history pattern of 500 kW or more and when interrupted in operation must result in a measurable and verifiable reduction in peak demand of at least 50 kW or more.1.21 “Project Sponsor’s Contact Telephone Number(s)” shall be the telephone number(s) identified in the Application as the telephone number(s) that TNC will call to notify Project Sponsor of a required Interruption.1.22 “PUCT” shall mean the Public Utility Commission of Texas.1.23 “Scheduled Interruption” shall mean an Interruption that is pre-scheduled by TNC to occur at the beginning of the Performance Period in every calendar year of the SOP as a test to determine the magnitude of interruptible load available at the Project Site. A Scheduled Interruption shall be for a maximum duration of one (1) hour.1.24 “Scheduled Interruption Demand Savings” shall mean the difference between the Baseline Demand Usage for a Scheduled Interruption and the Interruption Demand Usage for the same Scheduled Interruption.1.25 “Summer Peak Demand Period” shall mean 1 p.m. Central Daylight Time to 7 p.m. Central Daylight Time on Monday through Friday during the months of June through September for Options A, B and C, and shall mean the period from August 1 through September 30 for Options D and E, excluding federal holidays.1.26 “Unscheduled Interruption” shall mean an Interruption that is requested by TNC. Such request shall include start and end times of the Unscheduled Interruption. An Unscheduled Interruption shall be for a minimum duration of one (1) hour and shall not exceed a maximum duration of four (4)
  34. 34. hours. There shall be no more than four (4) Unscheduled Interruptions during any one calendar month of the Performance Period.1.27 “Unscheduled Interruption Demand Savings” shall mean the amount of peak demand reduction used to calculate the Performance Period Payment in every SOP calendar year. The Unscheduled Interruption Demand Savings for each SOP calendar year will be the difference between: 1) the Interruption Demand Usage from the Unscheduled Interruption with the highest amount of Interruption Demand Usage, and 2) the Baseline Demand Usage for that same Unscheduled Interruption. If no Unscheduled Interruption occurs during a SOP calendar year, then the Unscheduled Interruption Demand Savings for that SOP calendar year will mean the Estimated Demand Savings amount.1.28 “Verification Process” shall mean the process described in Article VI of this Agreement wherein TNC calculates and verifies Baseline Demand Usage, Interruption Demand Usage, and Demand Savings. ARTICLE II - TERM AND TERMINATION2.1 The term of this Agreement shall commence on the date of execution by TNC (the “Effective Date”) and, unless otherwise terminated as set forth herein, shall continue in force and effect until September 30, 2012 or until payment by TNC of the Performance Period Payment due pursuant to Article VII of this Agreement, whichever is later; provided, however, that the provisions in this Agreement related to confidentiality, warranties, indemnity, audits and records, and intellectual property will survive termination.2.2 Notwithstanding anything to the contrary, TNC reserves the right to terminate this Agreement and the SOP at any time, for any reason. Termination at will by TNC shall not relieve the parties of any obligations occurring prior to the date of termination. ARTICLE III - WARRANTIES AND REPRESENTATIONS3.1 By executing this Agreement, Project Sponsor warrants and represents that it is aware of, is in compliance with, and will continue to comply for the term of this Agreement with, all of the Agreement Documents and all applicable laws and regulations related to the SOP.3.2 Project Sponsor warrants and represents that the Project meets all federal, state, and local regulatory requirements, including: The Project will result in consistent and predictable peak demand savings over the contract term period;
  35. 35. The Application disclosed all potential adverse environmental or health effects associated with the Project, if any; The Project will not result in negative environmental or health effects; and The Project would not have been implemented in the absence of the SOP.3.3 Project Sponsor acknowledges that it received a copy of the SOP Manual prior to submission of its Application. Project Sponsor warrants and represents that its participation in the SOP has at all times been in compliance with, and will continue to comply for the term of this Agreement with, the procedures and conditions set forth in the SOP Manual and that any failure to comply therewith may be treated as a breach of this Agreement notwithstanding the fact that such failure occurred prior to the execution of this Agreement. Project Sponsor also acknowledges that it meets or exceeds all of the qualifications required to participate in the SOP as described in the SOP Manual and that failure to meet the qualifications therein may be treated as a breach of this Agreement. Procedures or conditions set forth in the SOP Manual may only be waived or modified by written agreement of the parties. Any such Agreement shall be attached hereto and incorporated herein for all purposes.3.4 Project Sponsor warrants and represents it may be limited to 20% of the Incentive Budget for any calendar year of the SOP.3.5 Project Sponsor warrants and represents that any relevant Agreement(s) between a Customer and the Customer’s retail electric provider concerning electric service to Interruptible Load do not prohibit or inhibit Interruptions.3.6 Project Sponsor agrees to verify that the Curtailable Load that is being used in this Application will not be used in any other Curtailable Load or demand response program during the Summer Peak Demand Period of the Customer Agreement. This can include, without limitation, any ERCOT, PUCT, or any other program that is currently available. Project Sponsor will notify TNC within 15 business days of any change in the status of the Curtailable Load or its inclusion in another demand response program. Failure to notify TNC of any changes in the contracted load can result in the termination of the Program participation. This does not prohibit a Project Sponsor from contracting their existing and/or future electric loads into other programs. TNC reserved the right to cancel any Program participation when that contracted load has been enrolled in any other competing Curtailable Load or demand response program.
  36. 36. ARTICLE IV - CUSTOMER AGREEMENT4.1 The receipt by TNC of a Customer Agreement concerning every Customer associated with every Project Site is a condition precedent to the effectiveness of this Agreement. TNC will not award incentive payments related to an Interruption at a Project Site if every Customer associated with that Project Site did not sign a Customer Agreement prior to the Interruption. ARTICLE V - PROJECT IMPLEMENTATION5.1 Project Sponsor agrees on and after the Effective Date to use all reasonable efforts to implement the Project without undue delay and otherwise in accordance with the terms of the Agreement Documents. To the extent of any conflict between this Agreement and other Agreement Documents, the terms of this Agreement shall prevail.5.2 The Project will be implemented in calendar year 2012 and may be continued or discontinued after that date.5.3 One (1) Scheduled Interruption shall be required to be implemented by Project Sponsor at each Project Site at the beginning of the Performance Period in each calendar year of the SOP. The Scheduled Interruption shall be for a maximum duration of one (1) hour.5.4 All Interruptions shall be implemented at the time and for the duration specified by TNC.5.5 TNC will notify Project Sponsor at least one (1) hour prior to the required start-time of any Interruption by calling the Project Sponsor’s Contact Telephone Number(s). TNC may utilize a messaging system to provide the notice required by this Article 5.5. A representative of Project Sponsor must be available to personally answer calls made to the Project Sponsor’s Contact Telephone Number(s) during the Summer Peak Demand Period.5.6 Project Sponsor may change the Project Sponsor’s Contact Telephone Number(s) by providing notice to the Program Manager of the new Project Sponsor’s Contact Telephone Number(s) a minimum of two business days prior to the date that the new Project Sponsor’s Contact Telephone Number(s) is to become effective. In order for notice of a new Project Sponsor’s Contact Telephone Number(s) to be valid, Project Sponsor must verify that Program Manager has actually received such notice by the above-mentioned deadline.5.7 An Unscheduled Interruption shall be for a minimum duration of one hour to a maximum duration of either two hours (Option C or E) or four hours
  37. 37. (Option A, B or Option D). There shall be no more than four (4) Unscheduled Interruptions during any one calendar month of the applicable Performance Period. ARTICLE VI - VERIFICATION PROCESS6.1 TNC shall calculate and verify the Baseline Demand Usage, Interruption Demand Usage, and Demand Savings for each Interruption after the Program Manager receives the IDR data related to the Interruption.6.2 The data used to calculate the Baseline Demand Usage, Interruption Demand Usage, and Demand Savings will be the data from IDR meters that are read, reviewed, and approved by TNC. ARTICLE VII - INCENTIVE PAYMENTS7.1 TNC agrees to make an incentive payment to the Project Sponsor based upon the Demand Savings derived from the Project, as further discussed in this Article.7.2 The applicable incentive rates and cap on Demand Savings and the possible incentive cap are as follows: Capacity Interruption Incentive Rate per kW ($/kW) Performance Period Demand Savings Capacity Payment Option Payment Incentive Cap Cap Rate A $15.00/kW 2,667 kW $40,000 B $35.00/kW 1,143 kW $40,000 C $25.00/kW 1,660 kW $40,000 D $25.00/kW 1,660 KW $40,000 E $20.00/kW 2,000 kW $40,0007.3 Unscheduled Interruptions - After the conclusion of the Performance Period and completion of the Verification Process for the SOP Year, TNC shall pay the Project Sponsor the Performance Period Payment. TNC will typically make the Performance Period Payment within thirty (30) days after the completion of the final Verification Process of the Performance Period. If the Unscheduled Interruption Demand Savings are equal to or less than the Estimated Demand Savings, then the Performance Period Payment will be calculated using the following equation: Performance Period Payment = Performance Period Payment Incentive Rate x Unscheduled Interruption Demand Savings
  38. 38. If the Unscheduled Interruption Demand Savings are greater than the Estimated Demand Savings, then the Performance Period Payment will be calculated using the following equation: Performance Period Payment = Performance Period Payment Incentive Rate x Estimated Demand Savings7.4 Notwithstanding anything to the contrary, TNC may, in its sole discretion, revise the calculation of the Performance Period Payment to allow payment to Project Sponsor for an amount of Peak Demand Reduction that exceeds the amount of Estimated Demand Savings.7.5 The Performance Period Payment in a SOP year may be limited to 20% of the Incentive Budget for that SOP year.7.6 TNC’s Incentive Payment to the Project Sponsor is expressly and specifically conditioned upon TNC receiving all required notices, submittals and materials from Project Sponsor within the applicable period specified in this Agreement. Failure by Project Sponsor to deliver any required notice, submittal, or material within the applicable period specified in this Agreement shall be deemed a material breach of this Agreement. ARTICLE VIII - INSURANCE8.1 Project Sponsor represents and agrees that it and its subcontractors will carry all statutorily required insurance for the protection of its employees and that each of its subcontractors will carry such insurance for the protection of their respective employees. ARTICLE IX - INDEMNITY 9.1 PROJECT SPONSOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TNC, AND ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR OTHER BUSINESS ORGANIZATION OF ANY KIND DIRECTLY OR INDIRECTLY CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH TNC AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, DIRECTORS, MANAGERS, TRUSTEES, INCORPORATORS, AGENTS, ATTORNEYS, CONSULTANTS, SERVANTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, SUITS, JUDGMENTS, LOSSES, DAMAGES AND LIABILITIES OF ANY KIND INCLUDING ALL EXPENSES OF LITIGATION, COSTS OF COURT AND/OR ALTERNATIVE DISPUTE RESOLUTION, ATTORNEYS FEES AND EXPERT WITNESS FEES (WHETHER THE SAME ARE BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR
  39. 39. INJURIES, DEATH OR PROPERTY DAMAGES OR LOSS (INCLUDING INJURIES, DEATH OR PROPERTY DAMAGES SUFFERED BY PROJECT SPONSOR OR ITS AGENTS, EMPLOYEES OR CONTRACTORS) WHICH OCCURRED, OR ARE ALLEGED TO HAVE OCCURRED DIRECTLY AS A RESULT OF (i) PROJECT SPONSORS OR ITS SUBCONTRACTORS PARTICIPATION IN ANY STAGE OF THE SOP; (ii) AN ACT OR OMISSION OF PROJECT SPONSOR IN OR COLLATERAL TO ITS PERFORMANCE OF WORK OR SERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT; OR (iii) ANY DEFECT (INCLUDING A DESIGN OR MANUFACTURING DEFECT OR THE FAILURE TO PROVIDE PROPER WARNING OR INSTRUCTIONS FOR USE) IN OR MALFUNCTION OF OR FINDING OF STRICT LIABILITY IN TORT ATTRIBUTABLE TO ANY MEASURE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT. THIS INDEMNITY OBLIGATION SPECIFICALLY INCLUDES ANY CLAIMS, CAUSES OF ACTION, LAWSUITS, JUDGMENTS, LOSSES, DAMAGES AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COSTS OF COURT AND/OR ALTERNATIVE DISPUTE RESOLUTION, ATTORNEYS FEES AND EXPERT WITNESS FEES (WHETHER THE SAME ARE BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR STRICT LIABILITY OR OTHERWISE) ALLEGING TNCS NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY REGARDLESS OF WHETHER SUCH NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY IS A JOINT AND CONCURRING CAUSE OF THE INJURIES, DEATH OR PROPERTY DAMAGE. THIS PROVISION SHALL NOT APPLY TO CLAIMS, CAUSES OF ACTION, SUITS, JUDGMENTS, LOSSES, DAMAGES AND LIABILITIES TO THE EXTENT CAUSED BY THE NEGLIGENCE OF TNC IN THE CONDUCT OF TNC’S ON-SITE INSPECTION OF THE PROJECT SITE PURSUANT TO THIS AGREEMENT.9.2 IN ADDITION TO THE INDEMNITIES AND OTHER PROTECTIONS PROVIDED UNDER THIS ARTICLE IX, PROJECT SPONSOR HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS TNC, AND ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR OTHER BUSINESS ORGANIZATION OF ANY KIND DIRECTLY OR INDIRECTLY CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH TNC AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, DIRECTORS, MANAGERS, TRUSTEES, INCORPORATORS, AGENTS, ATTORNEYS, CONSULTANTS, SERVANTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES, LIABILITIES, EXPENSES, CONTRIBUTIONS, REMEDIATION OR CLEANUP COSTS, OR OTHER LOSSES OF ANY KIND INCLUDING ALL EXPENSES OF LITIGATION,
  40. 40. COSTS OF COURT AND/OR ALTERNATIVE DISPUTE RESOLUTION, ATTORNEYS FEES AND EXPERT WITNESS FEES (WHETHER THE SAME ARE BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING FROM, ASSOCIATED WITH, OR RELATING IN ANY WAY TO: 9.2.1 ANY BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT OF PROJECT SPONSOR CONTAINED IN THIS AGREEMENT; 9.2.2 ANY VIOLATION OR ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION, OR POLICY RESPECTING PROTECTION OF THE ENVIRONMENT, HEALTH, AND/OR SAFETY (HEREINAFTER “EHS LAWS”) ASSOCIATED WITH OR RELATED IN ANY WAY TO THE PROJECT; 9.2.3 ANY PROPERTY DAMAGE OR IMPAIRMENT OR ANY PERSONAL INJURY ALLEGED TO BE ASSOCIATED WITH ANY EXPOSURE TO MATERIALS REGULATED UNDER ANY EHS LAW RELATING IN ANY WAY TO THE PROJECT; OR 9.2.4 ANY RELEASE OR THREATENED RELEASE OF ANY HAZARDOUS SUBSTANCE OR OTHER MATERIAL OR SUBSTANCE REGULATED UNDER ANY EHS LAW RELATING IN ANY WAY TO THE PROJECT.9.3 THE ENVIRONMENTAL INDEMNITY PRESCRIBED BY THIS ARTICLE X SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS ARISE FROM THE JOINT OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR WILLFUL MISCONDUCT OF OR BREACH OF CONTRACT BY TNC, OR ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, TRUST, OR OTHER BUSINESS ORGANIZATION OF ANY KIND DIRECTLY OR INDIRECTLY CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH TNC AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, DIRECTORS, MANAGERS, TRUSTEES, INCORPORATORS, AGENTS, ATTORNEYS, CONSULTANTS, SERVANTS, REPRESENTATIVES, AND EMPLOYEES.9.4 The representations, warranties, covenants, indemnities, and other obligations or protections provided by Project Sponsor pursuant to this Article IX shall not be limited by time and shall survive the completion of
  41. 41. the Project or any other completion, expiration or termination of this Agreement. ARTICLE X - COMPLIANCE WITH LAWS 10.1 Project Sponsor represents and warrants that prior to commencing implementation of the Project, Project Sponsor will, at its own cost and expense, obtain any and all permits, licenses, and/or other authorizations from governmental authorities as then may be required to in order to perform its obligations under this Agreement. If requested by TNC, Project Sponsor shall furnish to TNC copies of each such permit, license or other approval promptly following receipt thereof. Project Sponsor shall maintain in full force and effect all such governmental permits, licenses and other authorizations as may be necessary for the implementation of the Project in accordance herewith. Failure to maintain licenses, permits and other authorizations required to perform the work detailed in this Agreement constitutes a material breach of Project Sponsor’s obligations under this Agreement 10.2 Project Sponsor shall be responsible for all royalties, fees, or claims for any licensed, copyrighted or similarly protected intellectual property, device, process or procedure used, installed, or provided by it. Project Sponsor shall defend any suit that may be brought against TNC and shall hold TNC harmless from any liability, damages and costs, including without limitation attorneys’ fees, incurred by TNC arising from or related to infringement or alleged infringement of any intellectual property used by Project Sponsor or a Customer in the implementation of the Project. 10.3 All work performed by Project Sponsor or a Customer in connection with the implementation of the Project shall conform to all applicable laws, statutes, ordinances, rules, regulations, and decrees of any governmental or administrative body having jurisdiction over the SOP or any portion of the Project. ARTICLE XI - DEFAULT AND REMEDIES11.1 Each of the following events will be deemed to be an Event of Default hereunder: (a) failure of Project Sponsor to perform its responsibilities in a timely manner or implement the Project in compliance with the Agreement Documents; (b) failure of a representative of Project Sponsor to be available during all Summer Peak Demand Hours to personally answer a call from TNC to the Project Sponsor Contact Telephone Number concerning notice of an Interruption.

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