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, October 18, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the October 4, 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. VM-13-11: Police Information Technology Equipment, Visual Pro 360 (Tempe, AZ), $100,00.00
b. VM-20-11: Pneumatic Roller, via Buyboard/Yellowhouse Machinery (San Angelo, TX), $68,528.00
c. VM-21-11: Valve Maintenance Machine, via Buyboard/E.H. Wachs (Harvard, IL), $53,745.00
d. WU-14-11: Electrical Conductors Generator and Electrical Supply, Elliott Electric Supply (San Angelo,
TX), $104,896.71
3. Consideration of adopting a Resolution accepting a WIC Grant for the year 2011/2012 to provide
certain services for the WIC Program; authorizing the City Manager to negotiate and execute a
contract therefore with the Texas Department of State Health Services, for an award of $457,305.00,
for the first six months of the fiscal year; authorizing the City Manager to negotiate and execute such
other contracts or addendums for grant funding for the remainder of the fiscal year, and any related
documents
4. Consideration of approving a recommendation by the City of San Angelo Development Corporation
(COSADC) to amend Article III, Section 2, subparagraph B of the COSADC Bylaws to change the
City Council Agenda Page 1 of 5 October 18, 2011
2. designation of the position of Corporation Secretary from the City Clerk of the City to a City staff
member assigned to the COSADC Board
5. Consideration and approval of awarding new construction bid to Trademark Homes in the amount of
$90,853.00 and allowing City Manager to execute related documents
6. Consideration of adopting a Resolution authorizing the City Manager to accept the 2011/2012 U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) in the sum of $808,977.00, and Home Investment Partnerships Project Grant in the sum of
$402,019.00, to carry out projects identified in the program year 2011 Annual Action Plan; and,
authorizing the City Manager or his designee to execute funding agreements for each grant and related
documents
7. Consideration of authorizing the establishment of a designated revenue and expenditure account to
accept donations and make expenditures for lights for the skate park at Kirby Community Park
8. Consideration of approving variances to the City Code for the San Angelo Stock Show and Rodeo’s
Santa Fe Trail Ride to camp overnight on February 16, 2012, in Mary Lee Park at Lake Nasworthy
9. Consideration of authorizing the City Manager or his designee to execute Supplemental Lease
Agreement No. 1 to lease No. DTFASW-07-l-00020 with the Federal Aviation Administration Airport
Traffic Control Tower extending the lease through 9/30/2016 and increasing the rental rates
10. Consideration of adopting a Resolution approving the application for and accepting the U.S.
Department of Transportation Small Community Air Service Development Program Grant estimated
at $594,000, including $94,000 in matching funds and in kind contributions, for air service
development at the San Angelo Regional Airport-Mathis Field; authorizing the City Manager or his
designee to negotiate and execute a grant agreement therefore and related documents; and, providing
an effective date
11. Consideration of accepting the Department of Justice 2011 Bulletproof Vest Partnership Grant in the
amount of $9,264.90 and authorizing the City Manager or his designee to execute any necessary
documents
12. Consideration of adopting a Resolution authorizing the City Manager to accept the FY 2011
Emergency Management Performance Grant (EMPG) program grant award #11 TX-EMPG-0885 in
the amount of $71,358.35 on behalf of the City of San Angelo; and committing to accept and comply
with all the requirements in the grant terms and conditions, and authorizing the City Manager to
execute the grant acceptance and other related documents
13. Consideration of adopting a Resolution designating and authorizing the City Manager or his designee
to approve the acquisition and execute all contracts and other legal instruments necessary or
convenient to acquire the easements across parcels of real property required for the Hickory Water
Supply Project; and authorizing initiation of eminent domain proceedings pursuant to law, if
necessary
14. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-18: Michael Pittman
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: 428 Montague Avenue, at the southeast intersection of Ellis
Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres
respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz
subdivision, in northeastern San Angelo, changing the zoning classification from Single Family
City Council Agenda Page 2 of 5 October 18, 2011
3. Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
15. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-12: Mike Carter
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: 4003 N. Chadbourne Street, located west of the intersection of
East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M
G RR CO survey, changing the zoning classification from CG/CH (General Commercial/Heavy
Commercial) and R&E (Ranch & Estate) to CG (General Commercial); PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
16. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of an alley
in Fairview Addition, Block 50
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING ALLEY SEGMENT, TO WIT: a 20’ x 330’ alley right-of-way extending from North
Archer Street to North Bell Street in Block 50 of the Fairview Addition, running parallel to and south
of East Houston Harte Expressway in northeastern San Angelo; AUTHORIZING THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE
TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING
FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter on issues related to legislative changes associated
with conducting general elections
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
17. Presentation on the Vision for San Angelo Performance Arts Center, including proposed construction
of a performance arts campus, and renovations and additions to the City Auditorium
a. Discussion on unfunded improvements to the City Auditorium and any action in connection thereto
b. Discussion, consideration, and possible action authorizing staff to negotiate an agreement with
SAPAC for SAPAC to lease and operate the City Auditorium to include Hotel Motel Tax
allocations, revenue sharing, and other possible funding opportunities
(Presentation by Susan Brooks, SAPAC Board President and Matt Lewis, President, San Angelo Area
Foundation-Fiscal Sponsor)
City Council Agenda Page 3 of 5 October 18, 2011
4. 18. Discussion and consideration to rename 50th Street and any action in connection thereto
(Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey)
19. Discussion and possible action regarding parking of automobiles in front yards
(Requested by Councilmember Adams and presentation by Planning Manager AJ Fawver)
20. Discussion and consideration of the FY 2012 budgeted capital funding as it relates to the 2011-2016
Capital Improvement Plan for the City of San Angelo
(Presentation by Finance Director Michael Dane)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
21. Consideration of matters discussed in Executive/Session, if needed
22. Consideration of appointing a member of the City Council to the MHMR Nominating Committee
23. Consideration of and possible changes to November 2011, December 2011, and January 2012 meeting
dates: Regularly scheduled meetings on Tuesdays, November 1st, November 15th, December 6th,
December 210t , and January 3rd
24. Consideration of Future Agenda Items
25. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, October 13, 2011, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 4 of 5 October 18, 2011
5. RADAR LIST - PENDING/FUTURE AGENDA ITEMS
Item Department Date last discussed Anticipated
Meeting Date
WATER RELATED
1. Water Rebate/Conservation (review in April Finance/Dane 4/19/11 April & Nov
& November)
2. Implementing Water Conservation Credit Bailey 6/28/11
Program;
3. Water Advisory Board – update on mission Req. by Hirschfeld
and plans
HOT RELATED
4. HOT revenue % distribution & related Dane Req. 7/20/10 Until further
ordinance notice
PLANNING/ENGINEERING RELATED
5. 2nd part of Lake Nasworthy area investment in Req. by Alexander /Dominguez Req. 11/2/10 &
relation to Comprehensive Plan; invest in area; 2/1/11
Vision/Mission Discussed 1/25, 2/1
6. PDD for Edgewater property AJ Fawver
7. Gun Club Road Req. by Alexander
8. Multimodal construction/road/Chadbourne
TECHNOLOGY RELATED
9. Technology Updates/website, kiosk, etc. PIO/Meighan & Finance/Dane Req. 3/22/11
MISCELLANEOUS
10. Good Government Handbook Bowling TBA
11. Development Corporation projects and Lewis Req. 6/7/11
compliance report
12. Urban Mowing contract/TxDOT/ possible Req: Alexander/Dominguez Req. 7/19/11
solutions
13. Travel Policy TBA
14. Health Ins/Wellness Participation TBA
PENDING STAFF ITEMS
15. Implementing a Recycling System at the City Dickson
Landfill
16. Establishing a gas recycling program at the Grindstaff
Landfill
17. Trash collection and waste practices Req. by Farmer/Dominguez Req. 11/2/10
18. Consideration and discussion of the SGR Dominguez May 2011
Electricity Project
19. Consideration of reviewing the Occupancy Bowling & Dane
Tax Contracts
20. Planning Admin Fees Discussed 7/19/11
City Council Agenda Page 5 of 5 October 18, 2011
6. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 53
Tuesday, October 4, 2011 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:06A.M., Tuesday, October 4, 2011, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
members of the Council, to-wit:
Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Reverend Bill Proctor of the ? and pledge was led by Regan McQueen, 5th Grader
at Corner Stone.
PROCLAMATION & RECOGNITION
“National Domestic Violence Awareness Month”, Month of October 2011, was accepted by Santa Tobias,
Legal Advocate & Outreach Coordinator for the New Bridge Family Shelter
“Fire Prevention Week”, Week of October 9, 2011, was accepted by Thomas Truett, Arson Investigator for the
City of San Angelo
PUBLIC COMMENT
Councilmember Silvas remarked on the positive comments received by constituents regarding the construction
on the municipal pool, and Meadowcreek and Rio Vista parks.
Councilmember Hirschfeld announced and encouraged all to attend the Back the Badge event on Thursday,
October 6, 2011.
Public comment was made by West Texas Organizing Strategy representative Craig Meyers.
CONSENT AGENDA
APPROVAL OF THE SEPTEMBER 20, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BID(S) AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:
VM-07-11: Backhoe Loader, Yellowhouse (San Angelo, TX), $66,250.00
VM-09-11: Light Duty Vehicles, Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet (Caldwell,
TX), $200,000.00
VM-11-11: Mowing Equipment, Cisco Equipment (San Angelo, TX), $57,051.00
VM-17-11: Street Sweeper, Tymco, Inc. (Waco, TX) via HGAC, $195,170.00
WU-13-11: Utility Trench Repair, CM Construction (Mertzon, TX), $1,029,878.18
7. Page 54 Minutes
Vol. 103 October 4, 2011
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF TAX LOTS: (ANNEX A PAGE 61, RESOLUTION #2011-10-105 AND ANNEX B PAGE 63,
RESOLUTION #2011-10-106)
201 W 26th Street, (Saldivar), Lot 7 & E 10’ of 8, Block 1, Ruby Douglas Addition, $9,000, Suit No. D-08-
0031-T
1634 Beacon Street, (Mejia), Lots 1 & 2, Block 15, Avondale Addition, $2,327, Suit No. B-06-0032-T
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE 2012 NEW FREEDOM GRANT
CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND RECEIVE SAID FUNDS
FOR PEDESTRIAN IMPROVEMENTS ALONG NORTH CHADBOURNE STREET FROM 7TH STREET
TO 12TH STREET, THE GRANT AMOUNT BEING $275,108.00 WITH AN IN-KIND MATCH OF
$68,777.00 TO BE PROVIDED IN THE FORM OF ENGINEERING AND DESIGN SERVICES BY THE
ENGINEERING DIVISION
APPROVAL OF A RECOMMENDATION BY THE TAX INCREMENT REINVESTMENT ZONE (TIRZ)
BOARD FOR THE ALLOCATION OF $7,500.00 FROM THE SOUTH TIRZ FUND AS A GRANT
TOWARD FAÇADE IMPROVEMENTS FOR THE PROPOSED BUSINESS RESOURCE CENTER TO BE
LOCATED AT 69 NORTH CHADBOURNE STREET (THE FORMER COCA COLA BUILDING)
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
RENEWAL BETWEEN THE CITY OF SAN ANGELO AND CONCHO VALLEY COUNCIL OF
GOVERNMENTS FOR 9-1-1 SERVICES IN TOM GREEN COUNTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING THE ABANDONMENT
OF PUBLIC RIGHT-OF-WAY AROUND CITY HALL IN DOWNTOWN SAN ANGELO (ANNEX C,
PAGE 65, ORDINANCE #2011-10-108)
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’
NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to
and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and
extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with
West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment
of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending
north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of
Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x
93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City
Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in
downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING
PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND
CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM
DEED TO THE ABUTTING PROPERTY OWNERS
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING FIRE DEPARTMENT
STAFFING POSITIONS (ANNEX D, PAGE 69, ORDINANCE #2011-10-108)
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “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)(A), ENTITLED “FIRE DEPARTMENT,” TO
CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY
INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND
DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91),
8. Minutes Page 55
October 4, 2011 Vol. 103
SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY,
AND PROVIDING EFFECTIVE DATES
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded
by Councilmember Adams. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
EXECUTIVE/CLOSED SESSION
Council did not convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions
to Requirement that Meetings be Open, Section 551.087 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
DENIAL OF A GRANT REQUEST FOR TEMPORARY PLACEMENT OF A MANUFACTURED HOME,
NOT TO EXCEED TWO YEARS, DURING CONSTRUCTION OF A PERMANENT HOME ON THE
SAME 1.61-ACRE SITE AT 3612 LAKE DRIVE IN NORTHERN SAN ANGELO
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
General discussion was held on the temporary permit process, the initial request granted to the proponent in
2009, and whether to allow an additional one or two year permit.
Motion, to deny the request, as presented, was made by Councilmember Morrison and seconded by
Councilmember Farmer. AYE: Morrison, Farmer, Hirschfeld, and Adams. NAY: New, Alexander, and Silvas.
Motion carried 4-3.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-18: Michael Pittman
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: 428 Montague Avenue, at the southeast intersection of Ellis Street and
Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically
occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo,
changing the zoning classification from Single Family Residential (RS-1) to Office Warehouse (OW) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Adams. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-12: Mike Carter
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
9. Page 56 Minutes
Vol. 103 October 4, 2011
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: 4003 N. Chadbourne Street, located west of the intersection of East 40th
Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey,
changing the zoning classification from CG/CH (General Commercial/Heavy Commercial) and R&E (Ranch &
Estate) to CG (General Commercial); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
ABANDONMENT OF AN ALLEY IN FAIRVIEW ADDITION, BLOCK 50
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
ALLEY SEGMENT, TO WIT: a 20’ x 330’ alley right-of-way extending from North Archer Street to North
Bell Street in Block 50 of the Fairview Addition, running parallel to and south of East Houston Harte
Expressway in northeastern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE
ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND
DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Alexander. Motion carried unanimously.
AWARD OF BID WU-12-11 FOR THE HICKORY WATER SUPPLY 30” TRANSMISSION MAIN
PROJECT TO OSCAR RENDA CONTRACTING NOT TO EXCEED AN AMOUNT OF $39,000,000.00,
AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE
CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS
Water Utilities Director Will Wilde presented background information.
General discussion was held on staff providing periodic status updates on the project, prequalification process,
local subcontractor participation, construction schedule, and the possible early completion of the project.
Motion, to award the bid, as presented, was made by Councilmember Adams and seconded by Councilmember
Alexander. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried
6-1.
AUTHORIZATION FOR THE SALE OF 1961 BEATY ROAD (DAVID L. HIRSCHFELD, AND HIS
SUCCESSORS, AS TRUSTEE OF THE TRUST) FOR THE APPRAISED VALUE OF $174,650.00 AND
AUTHORIZATION FOR 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
Councilmember Hirschfeld recused himself from the item.
City Manager Harold Dominguez explained when a council member has a conflict of interest on any item on the
agenda such items will be presented on the Regular Agenda as opposed to the Consent Agenda, thereby allowing the
affected member to vote on the Consent Agenda in its entirety.
Water Utilities Director Will Wilde presented background information.
10. Minutes Page 57
October 4, 2011 Vol. 103
Motion, to authorize, as presented, was made by Councilmember Alexander and seconded by Councilmember
Farmer. Motion carried unanimously.
RECESS
At 10:18 A.M., Mayor New called a recess.
RECONVENE
At 10:33 A.M., Council reconvened, and the following business was transacted:
DISCUSSION REGARDING EMPLOYEE ALTERNATE WORK SCHEDULE
Councilmember Adams requested the item to introduce a cost saving measure to the City and allow flexibility to
the employee’s work schedule.
Human Resources Director Lisa Marley presented background information. A copy of the presentation is part of
the permanent supplemental minute record.
General discussion was held on exempting critical services from participation, identifing core hours, potential
child care issues for employees, compensation time issues, dual employment and authorization to pursue such,
utilizing such as a recruiting tool, the need to improve electronic customer service or other alternative method
before implementing such, cost savings without compromising services, and positive effects on employee
morale.
Public comments were made by Police Chief Tim Vasquez and Citizen Jim Turner.
Council suggested postponing the item until further study of the cost savings and overall impacts to the
organization could be determined.
APPROVAL OF A MARKER NAME DESIGNATION, TO WIT: HUGHES POINT, AT LAKE
NASWORTHY AT THE END OF CAMPER ROAD
Councilmember Farmer requested the item and presentation by City Manager Harold Dominguez presented
background information.
Motion, to designate the marker name, as presented, was made by Councilmember Farmer and seconded by
Councilmember Adams. Motion carried unanimously.
DISCUSSION OF PREPAREDNESS, RESPONSE, AND MITIGATION RESPONSIBILITIES OF THE
CITY OF SAN ANGELO TO REDUCE THE POTENTIAL FOR LOSS OF LIFE, PROPERTY, AND
DAMAGE TO THE ENVIRONMENT DUE TO WILDFIRES IN THE CITY OF SAN ANGELO, TOM
GREEN AND NEIGHBORING COUNTIES; AND TO CREATE A WILDFIRE INTERFACE TASK FORCE
TO PARTNER AND ESTABLISH WORKING RELATIONSHIPS WITH PRIVATE CITIZENS AND
LOCAL, STATE, AND FEDERAL AGENCIES TO SUPPRESS THE POTENTIAL FOR LARGE
DAMAGING WILDFIRES
Councilmembers Hirschfeld and Farmer requested the item and City Manager Harold Dominguez presented
background information.
General discussion was held on staff’s involvement in the regional wildfires, partnering with the private and
public entities, multiple use of proposed equipment, scheduling the equipment purchase through the Capital
Improvement Plan, flexibility and option of purchasing or leasing equipment and related maintenance options,
equipment replacement program, mutual aid and interlocal agreements in place, and possibly implementing
local and regional counties fire protection tax.
In conclusion, Council suggested staff consider the prioritization of the various equipment purchases and to
consider coordinating such within the Capital Improvement Plan.
11. Page 58 Minutes
Vol. 103 October 4, 2011
· AUTHORIZATION FOR THE CITY MANAGER IN HIS DISCRETION TO ENLIST, ASSEMBLE
AND DISPATCH EQUIPMENT, MANPOWER, AND FIRE SUPPRESSION RESOURCES TO
SUPPRESS WILDFIRES THAT POSE AN IMMINENT THREAT OF CATASTROPHIC LOSS OF
LIFE, PROPERTY AND/OR DAMAGE TO THE ENVIRONMENT IN THE CITY
· AWARD OF RFP VM-05-11 FOR EQUIPMENT FINANCING TO CALIFORNIA FIRST NATIONAL
BANK, AUTHORIZING STAFF TO NEGOTIATE A MASTER EQUIPMENT LEASE/PURCHASE
AGREEMENT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID
AGREEMENT AND ANY NECESSARY RELATED DOCUMENTS
· AUTHORIZATION FOR STAFF TO NEGOTIATE LEASE AGREEMENTS FOR THE FOLLOWING
EQUIPMENT IN ACCORDANCE WITH CITY OF SAN ANGELO PURCHASING POLICY AND
PROCEDURES
VM-14-11: 3 Pickups via HGAC&Buyboard/Philpott Motors (Nederland, TX), $175,487.37
VM-15-11: Heavy Construction Equipment via Buyboard/Warren Caterpillar (San Angelo, TX), $734,600.00
VM-18-11: Haul Trailer via Buyboard/Kirby Smith Machinery (Abilene, TX), $72,943.35
VM-19-11: Type III Brush Truck, via HGAC/Hall Buick Pontiac GMC (Tyler, TX), $285,387.00
Public comments were made by Citizen Jim Turner.
DIRECTION TO STAFF TO PROCEED WITH THE PROPOSAL TO CONSOLIDATE THE CITY OF SAN
ANGELO PUBLIC SAFETY COMMUNICATIONS CENTER (DISPATCH) AND TOM GREEN COUNTY
DISPATCH, AND AUTHORIZATION FOR THE CHIEF OF POLICE TO NEGOTIATE AN INTERLOCAL
AGREEMENT AND TRANSITION PLAN, INCLUDING ANY ASSOCIATED MATTERS INVOLVING
SUCH CONSOLIDATION
Police Chief Tim Vasquez presented background information.
General discussion was held on the number of vacancies, employee turnover, mandatory overtime, and cost
savings should be proportional between the two entities.
Motion, to direct staff to proceed with the proposed consolidation and related matters, as presented, was made
by Councilmember Morrison and seconded by Councilmember Adams. Motion carried unanimously.
ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM
GREEN COUNTY APPRAISAL DISTRICT (ANNEX E, PAGE 71, RESOLUTION #2011-10-109)
City Clerk Alicia Ramirez presented background information.
Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by
Councilmember Adams. Motion carried unanimously.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:
Civic Events Board: Jennifer Odom (SMD4) to a 2nd full term October 2014
Motion, to approve the board nomination by Council and designated Councilmembers, was made by
Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed October 18, 2011 Agenda and solicited Council
comments and suggestions.
12. Minutes Page 59
October 4, 2011 Vol. 103
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Morrison. Motion
carried unanimously.
The meeting adjourned at 12:17 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
Annexes A-E
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)
13. Page 60 Minutes
Vol. 103 October 4, 2011
THIS PAGE INTENTIONALLY LEFT BLANK.
14. City of San Angelo
Memo
Date: October 4, 2011
To: Councilmembers
From: Patrick Frerich, Vehicle Maintenance
Subject: Agenda Item for October 18, 2011
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of awarding bid VM-13-11- Police IT Equipment, and authorizing
the City Manager or designee to execute any necessary related documents.
Summary: The Vehicle Maintenance Department requested formal bids for IT equipment to be
installed in Police Patrol Vehicles. Requests were sent to Insight Public Sector (Tempe, AZ),
Visual Pro 360 (Jefferson City, MO), Austin Ribbon and Computer (Austin, TX), and CDW-G
(Chicago, IL). Bids were received by CDW-G, Howard Technology Solutions, Visual Pro 360,
Brekford Corporation, and Austin Ribbon.
History: Bids were requested for computers and digital video to be installed in Police Patrol
Vehicles. Formal bids are requested from vendors listed on the Purchasing Master Data Base,
and are advertised in local media for the purpose of IT equipment for a one year term of the bid.
A vendor and their submitted pricing is approved and used as the basis for ordering equipment
throughout the term year. Awards are given based on the financial impact of the bid; the
completeness of the bid; inclusion and pricing of items and options requested; the competence of
the vendor regarding the purchase transaction; and the after-sale benefits including location of
warranty shops, parts supply lead-time and availability, etc.
Financial Impact: The City recommends awarding the bid in its entirety to Visual Pro 360 as
indicated on the bid tab for the acquisition of Police IT equipment. Purchases will encompass
approximately $100,000 from capital account 501-8000-800-0742. This bid will be used for this
purchase and additional purchases for one year. Additional, purchases of $50,000.00 or more
will be submitted to Council at that time for approval.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding the bid in its entirety to
Visual Pro 360 (Tempe, AZ).
Attachments: Bid Tabulation VM-13-11
Reviewed by: Chief Tim Vasquez, Chief of Police
X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-13-11 -Police IT
Equipment.doc
15. CITY OF SAN ANGELO
BID TABULATION * RFB NO: VM-13-11/Police Vehicle IT Equipment * September 29, 2011
Howard Technology
CDW Govt Solutions VisualPro 360, LLC Brekford Corporation ARC
Estimated Quantity
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
Item
Description Unit Price Unit Price Unit Price Unit Price Unit Price
1. 5.1 Computer 20 $4,472.67 $89,453.40 $4,543.00 $90,860.00 $4,309.00 $86,180.00 $4,320.00 $86,400.00 $4,510.14 $90,202.80
2. 5.2.1 Digital Video 1 $4,132.90 $4,132.90 $4,709.00 $4,709.00 $4,030.00 $4,030.00 $4,477.00 $4,477.00 $4,667.05 $4,667.05
3. 5.2.2 Rear Seat Camera 1 $122.68 $122.68 $103.00 $103.00 $129.00 $129.00 $110.00 $110.00 $101.59 $101.59
4. 5.2.3 Three Year Maintenance Agreement 1 $813.00 $813.00 $800.00 $800.00 $450.00 $450.00 $758.00 $758.00 $789.76 $789.76
Total Bid $94,521.98 $96,472.00 $90,789.00 $91,745.00 $95,761.20
Requests for Bid were sent to:
Insight Public Sector Tempe AZ NO BID
Visual Pro 360 Jefferson City MO
Austin Ribbon and Computer Austin TX
CDW-G Chicago Il
16. CITY OF SAN ANGELO
BID TABULATION * RFB NO: VM-13-11/Police Vehicle IT Equipment * September 29, 2011
Howard Technology
CDW Govt Solutions VisualPro 360, LLC Brekford Corporation ARC
Estimated Quantity
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
Item
Description Unit Price Unit Price Unit Price Unit Price Unit Price
1. 5.1 Computer 20 $4,472.67 $89,453.40 $4,543.00 $90,860.00 $4,309.00 $86,180.00 $4,320.00 $86,400.00 $4,510.14 $90,202.80
2. 5.2.1 Digital Video 1 $4,132.90 $4,132.90 $4,709.00 $4,709.00 $4,030.00 $4,030.00 $4,477.00 $4,477.00 $4,667.05 $4,667.05
3. 5.2.2 Rear Seat Camera 1 $122.68 $122.68 $103.00 $103.00 $129.00 $129.00 $110.00 $110.00 $101.59 $101.59
4. 5.2.3 Three Year Maintenance Agreement 1 $813.00 $813.00 $800.00 $800.00 $450.00 $450.00 $758.00 $758.00 $789.76 $789.76
Total Bid $94,521.98 $96,472.00 $90,789.00 $91,745.00 $95,761.20
Requests for Bid were sent to:
Insight Public Sector Tempe AZ NO BID
Visual Pro 360 Jefferson City MO
Austin Ribbon and Computer Austin TX
CDW-G Chicago Il
17. City of San Angelo
Memo
Date: September 29, 2011
To: Councilmembers
From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance
Subject: Agenda Item for October 18, 2011
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of awarding HGAC quote VM-20-11 for Pneumatic Roller, and
authorizing the City Manager or designee to execute any necessary related
documents.
Summary: The Vehicle Maintenance Department requested a quote for one pneumatic roller for
the Street and Bridge Department. Yellowhouse Machinery (San Angelo, TX) responded through
the State approved purchasing co-op Buyboard.
History: A quote was requested for a 27,000 lb pneumatic roller to replace a current unit thathas
exceeded it useful life.
Vendor selection is based on the financial impact of the quote; the completeness of the quote;
inclusion and pricing of items and options requested; the competence of the vendor regarding the
purchase transaction; and the after-sale benefits including location of warranty shops, parts
supply lead-time and availability, compliance with specifications, best overall value for the City,
etc.
Financial Impact: The City recommends awarding the quote to Yellowhouse Machinery for the
acquisition of one pneumatic roller for a total amount expensed of $68,528.00 through the
Buyboard purchasing co-op. The budget account for this transaction will be 501-3200-800-0741.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding the quote in its entirety to
Yellowhouse Machinery (San Angelo, TX).
Attachments: None
Reviewed by: Ricky Dickson, Director – Operations
X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-20-11 - Pneumatic Roller.doc
18. City of San Angelo
Memo
Date: September 29, 2011
To: Councilmembers
From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance
Subject: Agenda Item for October 18, 2011
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of awarding HGAC quote VM-21-11 for a Valve Maintenance
Machine, and authorizing the City Manager or designee to execute any
necessary related documents.
Summary: The Vehicle Maintenance Department requested a quote for one valve maintenance
machine for the Water Distribution Department. E.H. Wachs (Harvard, IL) responded through the
State approved purchasing co-op Buyboard.
History: A quote was requested for a valve maintenance machine to assist the department in the
completion of their daily responsibilities.
Vendor selection is based on the financial impact of the quote; the completeness of the quote;
inclusion and pricing of items and options requested; the competence of the vendor regarding the
purchase transaction; and the after-sale benefits including location of warranty shops, parts
supply lead-time and availability, compliance with specifications, best overall value for the City,
etc.
Financial Impact: The City recommends awarding the quote to E.H. Wachs for the acquisition of
one valve maintenance machine for a total amount expensed of $53,745.00 through the
Buyboard purchasing co-op. The budget account for this transaction will be 260-4400-800-0741.
Related Vision Item: NA
Other information/Recommendation: Staff recommends awarding the quote in its entirety to
E.H. Wachs (Harvard, IL).
Attachments: None
Reviewed by: Will Wilde – Director – Water Utilities
X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-21-11 - Valve Maintenance
Machine.doc
19. CITY OF SAN ANGELO
BID TABULATION * RFB NO: WU-14-11/ 2011 Electrical Conductors* Octob
Armstrong Electrical Border-Stat
Unit Price per Unit Price per
Wire Type Size Qty Ft Foot Extended Price Foot
THWN-2 1/0 1548 $1.60 $2,476.80 $1.70
THWN-2 250 CM 756 $3.77 $2,850.12 $3.98
THWN-2 500 CM 2100 $7.45 $15,645.00 $7.87
THWN-2/Green 4 70 $0.68 $47.60 $0.68
THWN-2 2 225 $1.07 $240.75 $1.07
MV-105 1/0 AWG 1690 $2.94 $4,968.60 $3.04
MV-105 2/0 AWG 4000 $3.30 $13,200.00 $3.63
MV-105 500 CM 1044 $8.41 $8,780.04 $10.31
DLO 1/0 AWG 850 $2.90 $2,465.00 $2.74
DLO 4/0 AWG 400 $5.28 $2,112.00 $4.89
DLO 929.2 CM 2550 $20.25 $51,637.50 $23.05
Total Bid $104,423.41
* disqualified
Bid was conditional: prices not
guaranteed for 90 days as required
Requests for Bids were mailed to:
Graybar Abilene TX
Armstrong Electrical Supply Co. San Angelo TX
Border States Electric San Angelo TX
Brandon & Clark, Inc. Odessa TX
Cain Electric San Angelo TX
Elliott Electrical Supply San Angelo TX
Indedco Industrial Electric San Angelo TX
Mike Verfurth Electric Co. San Angelo TX
21. City of San Angelo
Memo
Date: October 14, 2011
To: Mayor and Councilmembers
From: Tom Kerr, Assistant Director of Water Utilities
Subject: Agenda Item for October 18, 2011 Council Meeting
Contact: Tom Kerr, 657-4209
Caption: Consent Item
Consideration of award of bid for WU-14-11 Electrical Conductors Generator and
Electrical Supply to Elliott Electric Supply.
Summary: Three (3) bids were received from vendors to supply electrical conductor for the
generator and electrical supply projects at the Water Treatment Plant and Water
Reclamation Facility. The vendors being Armstrong Electrical Supply, Border
States Electric, and Elliott Electric Supply. Elliott Electric Supply provided the
lowest bid in compliance with the bid requirements.
History: The electrical conductor is required to connect the new generator and electrical
distribution equipment to service loads in the plants.
Financial Impact: Funded within the Water and Wastewater CIP budgets for $104,896.71.
Related Vision Item N/A
Other Information/ The quote provided by Armstrong Electrical Supply is disqualified as not compliant
Recommendation: with item 4.31 of the Terms and Conditions of the Bid stating “Pricing will be
effective for 90 days from the bid award date by the City Council.” Armstrong’s
quotes were not guaranteed. It is recommended that the bid be awarded to Elliott
Electric Supply of San Angelo, Texas.
Attachments: Bid Tab
Presentation: None
Publication: N/A
Reviewed by Will Wilde, Water Utilities Director, October 6, 2011
Service Area
Director:
22. City of San Angelo
Memo
Date: October 14, 2011
To: Mayor and Councilmembers
From: Gloria Hale, WIC Manager
Subject: Agenda Item for 10-18- 2011 Council Meeting
Contact: Gloria Hale ext.# 1321
Caption: Consent
Consideration of approving annual WIC Contract
Summary: City of San Angelo holds annually renewable contract with Texas
Department of State Health Services for provision of local WIC nutrition
services.
History: For past three decades, City of San Angelo has contracted with Texas Department of
State Health Services to provide nutrition education and supplemental nutrition to
individuals who qualify. Program is designated specifically for children less than five
years of age, mothers with their infants who qualify in income and health risks criteria.
Financial Impact: This year WIC will transition from the traditional 12 month contract to a 6 month
contract. Please see DSHS Memo # 11-108 attached. WIC Grant Funding for first six
months of FY 2012 : $457,305.00. Midway through the first six months time period, the
contract will be extended for a full year through September 2012. This will happen with
a formal contract amendment at which time the second six months of funding will be
added to the FY Grant contract, $914,610.00 in annual base funding.
WIC is a federally funded program and uses no local tax revenues. WIC Program
participation reduced spending of Medicaid dollars. $2.91 was saved in Medicaid tax
dollars for each $1.00 spent on WIC services. Local Program provided > $100,000 in
annual Indirect Costs for COSA support services. Current Fiscal Year WIC obtained
>$600,000 in designated funds for City of San Angelo to help offset renovation costs
Related Vision Item: Neighborhood Vision: Fostering a sense of community.
Recommendation: Staff recommends approving renewal of WIC Contract.
Attachments: DSHS WIC Contract, DSHS email and notice Memo #11-108, and Resolution
Presentation: None
Publication: None
Reviewed by: Neighborhood and Family Services Director : Robert Salas
Approved by Legal: Approved by Legal Department
23. A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS ACCEPTING A WIC
GRANT FOR THE YEAR 2011/2012 TO PROVIDE CERTAIN SERVICES FOR THE
WIC PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT THEREFORE WITH THE TEXAS DEPARTMENT OF
STATE HEALTH SERVICES, FOR AN AWARD OF $457,305.00, FOR THE FIRST SIX
MONTHS OF THE FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE SUCH OTHER CONTRACTS OR ADDENDUMS FOR
GRANT FUNDING FOR THE REMAINDER OF THE FISCAL YEAR, AND ANY
RELATED DOCUMENTS
WHEREAS, the City Council has adopted the Budget Ordinance for the City of San Angelo, for fiscal
year 2011/2012, which authorized the application for annual Women, Infant, and Children Grant (WIC) funds
for fiscal year 2011/2012; and,
WHEREAS, the Texas Department of State Health Service has awarded Four Hundred Fifty-Seven
Thousand Three Hundred and Five Dollars ($457,305.00) in funding for the first six months of the 2011/2012
fiscal year, payable on a reimbursement basis pursuant to terms and conditions as set forth in Contract No.
2012-039997, that includes provision for services relating to operation of the WIC program; and,
WHEREAS, the WIC program is administered by the City of San Angelo, Community Development
Division of the Development Services Department:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO,
TEXAS THAT:
The City Council hereby accepts the WIC grant from the Texas Department of State Health
Services for fiscal year 2012/2011, including that the City of San Angelo provide certain services for the
Special Supplemental Nutrition Program for Women, Infant, and Children (WIC), the grant being in the
sum of Four Hundred Fifty-Seven Thousand Three Hundred and Five Dollars ($457,305.00) for the first
six months of the fiscal year. The City Manager or his designee is hereby authorized to negotiate and
execute on behalf of the City of San Angelo Contract No. 2012-039997, with the Texas Department of
State Health Service for the acceptance of said grant funds. The City Manager or his designee is further
authorized to negotiate and execute such other contracts or addendums for grant funding for the balance
of the fiscal year, and any related documents.
PASSED and APPROVED THIS DAY OF , 2011.
CITY OF SAN ANGELO, TEXAS
ATTEST:
Alvin New, Mayor
Alicia Ramirez, City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM
Robert Salas Lysia H. Bowling
Neighborhood & Family Services Director City Attorney
24. From: Walk,Bill (DSHS) [Bill.Walk@dshs.state.tx.us]
Sent: Monday, September 26, 2011 9:20 AM
To: Dominguez, Harold
Cc: Hale, Gloria; Dane, Michael; Ruiz,Kevin (DSHS)
Subject: DSHS Contract No. 2012-039997-001, WIC Local Agency Contract
Attachments: FY 12 City of San Angelo core contract.pdf; FY 12 City of San Angelo prog attachment.pdf; FY
12 City of San Marcos lobby form.pdf; 2012GenProvSubrecipCleanTOC[1].pdf
Hello Contractor,
Attached are files containing your Department of State Health Services (DSHS) contract. Please print two
copies of each, sign and return both copies to this unit as soon as possible. Your contract will be signed by
DSHS and returned to your agency.
Changes made to any portion of the contract document (s) are considered a counter-offer and are not valid
without DSHS written concurrence.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the
contract term. Additional information regarding this policy is available on the DSHS website at
http://www.dshs.state.tx.us.
NOTE: Return both copies of the contract in their entirety to one of the two addresses below.
Contracts returned to any other address may result in contract delays.
Physical Address for Regular Mail Mailing Address for Overnight Mail
Client Services Contracting Unit MC 1886 Client Services Contracting Unit MC 1886
Department of State Health Services Department of State Health Services
PO Box 149347 1100 W, 49th Street
Austin, TX 78714-9347 Austin, TX 78756
Please reference the DSHS contract attachment number in all future correspondence.
If you have questions, contact Bill Walk at 512.776-2186 or via email at bill.walk@dshs.state.tx.us.
Thank you.
Bill Walk, CTPM
Client Services Contracting
file:///Y|/...ndas/2011/10-18-11/WIC%20DSHS%20Contract%20No.%202012-039997-001%20WIC%20Local%20Agency%20Contract.htm[10/14/2011 2:36:45 PM]
25. Page 1 of 1
From: Walk,Bill (DSHS) [Bill.Walk@dshs.state.tx.us]
Sent: Monday, September 26, 2011 9:20 AM
To: Dominguez, Harold
Cc: Hale, Gloria; Dane, Michael; Ruiz,Kevin (DSHS)
Subject: DSHS Contract No. 2012‐039997‐001, WIC Local Agency Contract
Attachments: FY 12 City of San Angelo core contract.pdf; FY 12 City of San Angelo prog
attachment.pdf; FY 12 City of San Marcos lobby form.pdf;
2012GenProvSubrecipCleanTOC[1].pdf
Hello Contractor,
Attached are files containing your Department of State Health Services (DSHS) contract. Please print two
copies of each, sign and return both copies to this unit as soon as possible. Your contract will be signed by
DSHS and returned to your agency.
Changes made to any portion of the contract document (s) are considered a counter-offer and are not valid
without DSHS written concurrence.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the
contract term. Additional information regarding this policy is available on the DSHS website at
http://www.dshs.state.tx.us.
NOTE: Return both copies of the contract in their entirety to one of the two addresses below.
Contracts returned to any other address may result in contract delays.
Physical Address for Regular Mail Mailing Address for Overnight Mail
Client Services Contracting Unit MC 1886 Client Services Contracting Unit MC 1886
Department of State Health Services Department of State Health Services
PO Box 149347 1100 W, 49th Street
Austin, TX 78714-9347 Austin, TX 78756
Please reference the DSHS contract attachment number in all future correspondence.
If you have questions, contact Bill Walk at 512.776-2186 or via email at bill.walk@dshs.state.tx.us.
Thank you.
Bill Walk, CTPM
Client Services Contracting
file://itcenterxdeptfolderCityClerkCOUNCILElectronic Agendas201110-18-11WIC ... 10/7/2011
26. Memorandum
#11-108
TO: WIC Regional Directors
WIC Local Agency Directors
FROM: Mike Montgomery, Section Director
Nutrition Services Section
DATE: August 17, 2011
SUBJECT: FY2012 Contracts and Funding
Fiscal Year (FY) 2012 WIC funding has not yet been appropriated by the federal government;
however, due to potential budget constraints, the State Agency (SA) is taking some proactive
steps to aid in the fiscal management of the WIC program.
To assist in this, the SA will transition from a traditional 12-month contract to a 6-month
contract for all its service providers in FY2012. By October 1, 2011, each local agency (LA) will
receive an initial contract that will include WIC funding for the first 6 months of FY2012
covering the period from October 2011 through March 2012. Midway through the 6-month time
period, the contract will be extended for the full year through September 2012. This will happen
with a formal contract amendment at which time the second six months of funding will be added
to the contract.
This change will not affect how an agency receives its earned allowable funds. That amount is
still computed by multiplying the number of clients an agency sees by its per-participant rate and
will be the actual final budget number for an agency. Any nutrition education or administrative
surplus that is generated in the first 6 months will be carried forward into the second 6 months of
the contract period.
Once the SA has been notified about its final funding for FY2012, we will reevaluate and
determine whether any modifications or additional steps need to be taken. Once again, our goal
continues to be ensuring the LAs have adequate funding to allow them to provide excellent
service to all our WIC participants. Maintaining LA FY2012 funding at current levels continues
to be a SA priority.
If you have questions or require additional information, please contact Benny Jasso, Local
Agency Operations Coordinator, at (512) 341-4572 or benny.jasso@dshs.state.tx.us.
27. DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2012-039997 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY
OF SAN ANGELO (Contractor), a Government Entity, (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $457,305.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2011 and ends on 03/31/2012. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2012-039997-001 NSS/WIC LOCAL AGENCY
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor’s response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
28. 7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor’s response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF SAN ANGELO
Address: PO BOX 1751
SAN ANGELO, TX 76902-1751
Vendor Identification Number: 17560006599013
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92648-1
29. By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CITY OF SAN ANGELO
By:__________________________ By:___________________________
Signature of Authorized Official Signature
____________________________ _____________________________
Date Date
Bob Burnette, C.P.M., CTPM ______________________________
Printed Name and Title
Director, Client Services Contracting Unit ______________________________
Address
1100 WEST 49TH STREET ______________________________
AUSTIN, TEXAS 78756 City, State, Zip
(512) 458-7470 ______________________________
Telephone Number
Bob.Burnette@dshs.state.tx.us ______________________________
E-mail Address for Official Correspondence
92648-1
30. TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection with this
federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.
Signature Date
Print Name of Authorized Individual
2012-039997
Application or Contract Number
CITY OF SAN ANGELO
Organization Name
CSCU # EF29-12374 - Revised 08.10.07
31. CONTRACT NO. 2012-039997
PROGRAM ATTACHMENT NO.001
PURCHASE ORDER NO.
CONTRACTOR: CITY OF SAN ANGELO
DSHS PROGRAM NSS/WIC LOCAL AGENCY
TERM: 10/01/2011 THRU: 03/31/2012
SECTION I. STATEMENT OF WORK:
Contractor shall administer the Department of State Health Services (DSHS) Special
Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide
supplemental food instruments, nutrition education, and counseling to enhance good health care
at no cost to low-income pregnant and postpartum women, infants and children identified to be at
nutritional risk. Contractor shall:
A. Perform professional, administrative and clerical services necessary to determine
eligibility, provide food instruments, and provide appropriate nutrition education and
counseling to qualified women, infants and children in a specified geographic area.
Contractor shall ensure adequate staff coverage and uninterrupted delivery of services.
Services shall be performed according to the statures, rules, policies, and directives of
DSHS Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
and/or as directed by the United States Department of Agriculture (USDA) as referenced
in this Program Attachment. During the term of this Program Attachment, USDA may
issue regulations, instructions, policies and/or directives, which may be incorporated into
the DSHS WIC Program Policy and Procedures Manual and program rules.
B. Provide services within the state boundaries of Texas and in the approved clinic locations
described in Contractor’s application.
C. Assist DSHS or USDA in the collection of data that will identify benefits of this nutrition
intervention program and furnish financial, health, nutrition education and any other
special reports in a timely manner as required by DSHS WIC Program’s written rules and
policies for the compilation of such data.
D. Determine eligibility of applicants through assessment of their categorical income,
residence and nutritional status, and provide nutrition education and counseling to
eligible participants.
E. Appoint a Contractor WIC Director/Supervisor.
F. Train Contractor’s Local Agency staff.
PROGRAM ATTACHMENT – Page 1
32. G. Submit the following reports/plans by the due date:
1. Monthly Incentive Funding Summary Report by the 15th day of the following
month;
2. WIC Local Agency Performance Measure Report by the 15th day of the following
month; and
3. WIC Information System Environment (WISE) Cost Report by April 30, 2012.
H. Conduct outreach to potential participants.
I. Complete surveys as requested.
J. Within five days of receiving a DSHS request for a Vendor Evaluation, Contractor shall
contact vendor applicant to set up an appointment to conduct the evaluation. Contractor
shall conduct on-site evaluation, completing WIC Vendor Evaluation Forms
and fax/return forms to the DSHS no later than one business day after the on-site
evaluation.
K. Determine participants’ access to health care, medical care and other human services, and
make appropriate referrals. Contractor shall have a system in place to provide
participants with appropriate health services or make appropriate referrals to health care
providers under written agreements that ensure confidentiality of participants’ personal
information.
L. Issue pre-numbered food instruments furnished by DSHS to qualified participants who
shall use such instruments to obtain specified food items from participating vendors;
maintain complete accountability and security of all food instruments received from
DSHS. Contractor shall be held financially responsible for all unaccounted for food
instruments and/or for the redeemed value of those issued to ineligible participants. In
addition, Contractor shall be held financially liable for issuance of infant formula
instruments that are not authorized or prescribed according to the WIC Policy and
Procedures Manual.
M. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) or
equivalent telecommunications equipment at all Contractor WIC clinics and
administrative offices using Texas-WIN software on a network or stand alone personal
computer. Installation at all Contractor permanent WIC sites is required. VSAT or other
telecommunications equipment installations for new sites or sites moving from one
location to another requires a minimum of 45 days notice.
N. Connect portable computers (notebook or laptop) that use Texas-WIN software daily to a
(VSAT) or other DSHS provided-telecommunications access point to transfer data to and
receive updates from DSHS. Daily is defined as Monday – Friday and Saturday if WIC
services are provided. Portable computers may go to any of the Contractor’s permanent
WIC sites for data transfer.
PROGRAM ATTACHMENT – Page 2
33. O. Review the immunization records of WIC Program applicants/participants to ensure that
immunizations are current. Make appropriate referrals to health care providers for
necessary immunizations.
P. Offer services during extended hours of operation outside the traditional times of 8:00
a.m. to 5:00 p.m., Monday through Friday, according to the Contractor’s Annual Plan of
Operations as approved by DSHS and incorporated by reference in this Program
Attachment.
Q. Implement or expand Contractor’s Breastfeeding Peer Counseling program to provide
training and salary of peer counselors who assist pregnant and breastfeeding WIC
participants in normal breastfeeding situations. If Contractor requests participation in the
Breast Feeding Peer Counseling program, funding for this activity will be contingent on
availability and written approval by DSHS.
R. Implement special projects according to DSHS-approved plan related to nutrition
education, outreach or breastfeeding if project is requested by Contractor and approved
by DSHS. Funding for special projects is contingent upon availability and approval in
writing by DSHS of the Contractor's plan for the special project.
S. Implement lactation services for WIC participants who have breastfeeding problems that
are beyond the expertise of Contractor’s local WIC staff and/or peer counselors using
International Board Certified Lactation Consultants or the most qualified equivalent.
Lactation services may also include Contractor’s Local WIC Agency staff training and
the provision of lactation equipment. DSHS will provide written approval of
Contractor’s plan to use lactation funding. Contractor’s plan shall include qualifications
of any non-board certified lactation consultant, which is included in the proposal.
T. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any
member of Contractor’s staff is approved in writing by DSHS to participate in the DSHS
Dietetic Internship program. This internship will consist of no less than 1200 hours of
supervised learning experiences in a variety of nutrition-related facilities and will prepare
Contractor’s selected staff member to better meet the needs of WIC participants.
U. Stock DSHS- provided manual pumps, single-user electric breast pumps and multi-user
electric breast pumps, collection kits, and flanges, and distribute the appropriate pumps
and/or kits to eligible WIC participants.
V. Implement or expand Contractor’s use of a Registered Dietitian (RD) who is registered
with the Commission on Dietetic Registration to provide for Contractor that includes, but
not limited to: assistance with quality assurance, staff training, assistance with the Annual
Nutrition Education and Breastfeeding plan, individual counseling for high-risk
participants, and facilitated discussion classes.
PROGRAM ATTACHMENT – Page 3
34. Contractor shall comply with all applicable federal and state laws, rules, regulations, standards,
and guidelines in effect on the beginning date of this Attachment as amended, including, but not
limited to:
1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017
and 3018;
2. WIC Program and Farmers’ Market Nutrition Program Rules, 25 Texas Administrative
Code, §§ 31.11-31.37; and
3. Child Nutrition Act of 1966, as amended, 42 USC 1786.
The following documents are incorporated by reference and made a part of this Program
Attachment:
1. DSHS Standards for Public Health Clinic Services, revised August 2004, or latest
revision;
2. USDA Food and Nutrition Service (FNS) Guidelines;
3. USDA FNS Instructions issued under the FNS Directives Management System; and
4. Current WIC Policy and Procedures Manual.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall
inform DSHS, in writing, if it shall not continue performance under this Program Attachment in
compliance with the amended standard(s) or guideline(s). DSHS may terminate the Program
Attachment immediately or within a reasonable period of time as determined by DSHS.
All activities related to WIC, including timeframes, budget, and any revisions shall be approved
by DSHS.
SECTION II. PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, Contractor’s effectiveness in
providing the services described in this Program Attachment, without waiving the enforceability
of any of the other terms of the contract.
Contractor shall ensure:
1) An average of 95% of families a quarter who participate in DSHS WIC Program by
receiving food instruments shall also receive nutrition education classes or individual
counseling services to coincide with food instrument issuance;
2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter
shall be certified as eligible during the period of the first trimester of their pregnancy;
3) An average of 85.5% of clients a quarter who are enrolled in the DSHS WIC Program,
excluding dual participants, transfer locked and/or migrant clients, shall participate as
food instrument recipients each month (breast-feeding infants are also included in the
client count); and
PROGRAM ATTACHMENT – Page 4
35. 4) 98% of participants who indicate during the enrollment process for the DSHS WIC
Program that they have no source of health care shall be referred to at least one (1) source
of health care at certification of eligibility.
Contractor shall submit the WIC Local Agency Performance Measure Report which describes
Contractor’s efforts towards meeting performance measures. The report shall be in an approved
format as provided by DSHS, and shall be completed and submitted to DSHS within fifteen (15)
calendar days after the end of each month.
SECTION III. SOLICITATION DOCUMENT: N/A
SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if funds are
available.
SECTION V. PAYMENT METHOD: Cost reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
Financial Status Reports (FSR) and submit by electronic mail to DSHS Contract Development
and Support Branch at WicVouchers@dshs.state.tx.us
SECTION.VII. BUDGET:
SOURCE OF FUNDS: CFDA #
All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in
accordance with the “Plan to Allocate Direct Costs” (PADC) submitted by Contractor and
approved by the DSHS WIC Program. This document is incorporated herein by reference and
made a part of this Program Attachment.
Total reimbursements will not exceed: $457,305.00.
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Compliance and Reporting Article I, Section 1.07, Statutes and
Standards of General Applicability, is hereby amended to include the following:
Contractor shall comply with all provisions required by implementing the regulations of
the Department of Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines
for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part
42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no
person will, on the grounds of race, color, national origin, sex, age, or disability be
excluded from participation under any program or activity for which Contractor receives
PROGRAM ATTACHMENT – Page 5
36. federal financial assistance from FNS; and hereby gives assurance that it shall
immediately take measures necessary to implement this Program Attachment.
Contractor shall compile data, maintain records and submit reports, as required, to permit
effective enforcement of the nondiscrimination laws and permit authorized USDA and
State of Texas personnel, during normal working hours, to review such records, books,
and accounts as needed to ascertain compliance with the nondiscrimination laws. The
Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek
judicial enforcement if Contractor violates any nondiscrimination laws. This Assurance
is binding on Contractor, its successors, transferees, and assignees, as long as they
receive assistance or retain possession of any assistance from the Department of
Agriculture. The person or persons whose signatures appear on the Core Contract are
authorized to sign this Assurance on behalf of Contractor.
Contractor shall comply with all of the requirements of the current WIC Policy and
Procedures Manual and Program rules as well as state and federal laws and amendments
governing or regulating the WIC Program. A copy of the current WIC Policy and
Procedures Manual has been made available to Contractor. The WIC Policy and
Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are
incorporated into this Agreement by reference. Contractor has a duty to remain familiar
with the contents within the WIC Policy and Procedures Manual.
Contractor is responsible for ensuring that employees or agents acting on behalf of
Contractor comply with all of the requirements of the WIC Policy and Procedures
Manual, Program rules and all state and federal laws and amendments governing and
regulating the WIC Program.
General Provisions, Payment Methods and Restrictions Article IV, Section 4.01, Payment
Methods, is hereby modified to include the following paragraphs:
The participant caseload will be assigned by DSHS by giving written notice to
Contractor. The participant caseload is subject to change upon written notice to
Contractor from DSHS with Contractor’s concurrence. Contractor assumes liability for
all food costs resulting from Contractor exceeding its assigned caseload. The number of
individuals served in excess of assigned caseload are not to be included in the calculation
of earned administrative funds as described below.
DSHS will reimburse Contractor for administrative costs incurred when determining
eligibility, providing appropriate nutrition education and counseling, issuing food
instruments, making participant referrals, vendor evaluation, outreach, start-up costs and
general administrative support.
Administrative costs will be reimbursed based on actual costs, but not to exceed the
“maximum reimbursement” set out below, based upon the sum of the participants who
actually receive food instruments each month plus infants who do not receive any food
instruments whose breastfeeding mothers were participants to the extent that the total so
PROGRAM ATTACHMENT – Page 6
37. derived does not exceed Contractor’s total assigned caseload within any given month.
Surplus funds (the amount by which maximum reimbursements exceed actual costs) can
be accumulated and carried forward within the Program Attachment term. Surplus
encumbered by September 30 shall be billed and vouchers received by DSHS no later
than sixty (60) calendar days following the term of the Program Attachment.
PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT:
During the term of the Program Attachment, Contractor shall earn administrative funds at
the rate of $14.69 for each participant served as defined above.
DSHS may pay for additional goods or services as specified in this Attachment if
provided by Contractor during the term of this Attachment (but not otherwise paid during
the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are
available.
The Contractor will be notified if a change in funding occurs and will have thirty (30)
days to provide written notice to the DSHS if it intends to terminate this Program
Attachment.
Contractor agrees that:
(1) Contractor shall identify and document separately not less than 19% of total
administrative costs as expenditures directly related to nutrition education and
counseling. Nutrition education and counseling expenditures shall be supported
by documentation of participant attendance or non-attendance within the DSHS
WIC Program.
(2) DSHS will reimburse Contractor for administrative expenses at a rate not greater
than 5.26 times the amount of properly documented expenditures for nutrition
education and counseling, but not more than is earned based on actual
participation not to exceed Contractor’s assigned participant caseload, plus any
incentive funds allocated to Contractor by DSHS.
(3) DSHS will limit (cap) reimbursement of Contractor’s indirect costs at twenty (20)
percent applied to Contractor’s total direct salaries plus benefits reimbursed by
DSHS.
(4) DSHS will identify annually to Contractor an amount of funds that shall be spent
for breastfeeding promotion. The allocation of breastfeeding funds to Contractor
will be based on Contractor’s proportional share of the statewide combined total
of pregnant and breastfeeding participants as reported to DSHS WIC Program.
(5) DSHS WIC Program also reserves the right to withhold a proportionate amount of
earned administrative funds when evidence exists that nutrition education and/or
PROGRAM ATTACHMENT – Page 7
38. breastfeeding promotion is not being provided by Contractor, or Contractor is not
complying with the provisions of USDA and/or DSHS directives.
(6) DSHS reserves the right to utilize a competitive offering for the award of any
future contracts at the end of the term of this Program Attachment.
(7) DSHS may amend or terminate this Program Attachment if available funds
become reduced, depleted, or unavailable during the term of the Program
Attachment to the extent that the WIC Program is unable to provide
administrative funding at the rate(s) stated in this Program Attachment. DSHS
will provide written notification to Contractor of such fact.
(8) DSHS may pay for additional services as specified in this Program Attachment if
provided by Contractor during the term of this Program Attachment (but not
otherwise paid during the term of this Program Attachment) if it is in the best
interest of DSHS and DSHS WIC Program to do so. If Contractor exceeds the
amount of earned administrative funds as stated above, Contractor shall continue
to bill DSHS for the services provided. If additional funds become available at a
later date for the provision of these services, DSHS WIC Program may pay
Contractor a share of these funds.
(9) DSHS may provide incentives to Contractor’s Local WIC Agencies for
participants who are provided WIC services outside the normal traditional hours
to the extent that federal funding is available.
(10) During the term of this Program Attachment, DSHS may adjust the base
reimbursement rate as defined in this Program Attachment if it is in the best
interest of DSHS and the DSHS WIC Program and if administrative WIC Grant
funds change.
Contractor shall indicate separately on the face of the claim for reimbursement (State of
Texas Purchase Voucher, Form B-13) the costs associated with nutrition education,
breast-feeding, and other administrative costs.
General Provisions, Payment Methods and Restrictions Article IV, Section 4.04, Working
Capital Advance, is not applicable to this Program Attachment. However, Contractor will be
allowed the option of receiving a two (2) month cash advance in accordance with WIC Program
Policy and Procedures.
General Provisions, Records Retention Article VIII, Section 8.01, Retention shall be replaced
with the following:
Recordkeeping requirements. Contractor shall maintain full and complete records concerning
Program operations. Such records shall comply with 7 CFR Part 3016 and the following
requirements:
PROGRAM ATTACHMENT – Page 8
