May 1, 2012 CIty Council Agenda Packet

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 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. 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

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 ordinance


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
FOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south

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
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
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
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.

________________________

PROCLAMATION

Whereas, 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; and

Whereas, 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; and

Whereas, this exhibit will be on display at the San Angelo Museum of Fine Arts from
May 2-5, 2012; and

Whereas, the Military Firefighters Heritage Foundation will hold the 2012 Fallen
Firefighters Memorial Service and Firefighter Ball on May 4-5, 2012; and

Whereas, 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 emergency
services personnel. I encourage all citizens to visit this exhibit and participate in the
memorial 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 emergency
personnel who have made the ultimate sacrifice in service to their community and to pay
respect 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

___________________________

PROCLAMATION

WHEREAS, historic preservation is an effective tool for managing growth
and sustainable development, revitalizing neighborhoods,
fostering local pride and maintaining community character
while enhancing livability; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, "Discover America's 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, on
behalf 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 the
United 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.


___________________________

PROCLAMATION

WHEREAS, 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;
and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City
Council, 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 with
appropriate ceremonies in which all of our people may join in commemorating law enforcement
officers, past and present, who by their faithful and loyal devotion to their responsibilities have
rendered 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 have
become 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.


PROCLAMATION

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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 City
Council, 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


Alvin New, Mayor

PROCLAMATION

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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 the
City 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


CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 423
Tuesday, April 17, 2012 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, April 17, 2012, 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, with the exception of Councilmembers Alexander and Morrison, thus constituting a
quorum. Whereupon, the following business was transacted:
An invocation was given by John S. Pope, Pastor of Galilee Baptist Church and pledge was led by Christina
Lewis, 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 Camille
Yale.
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 Angelo's neighborhood
revitalization programs by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly
and disabled citizens.
City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City
for its continued progress towards achieving financial transparency, to be accepted by Chief Accountant Bill
Smith, Budget Manager Morgan Trainer, Senior Budget Analyst Laura Brooks, Senior Budget Analyst Steve
Mahaffey, Public Information Officer Ty Meighan, and Multimedia Coordinator Brian Groves.
PUBLIC COMMENT
Councilmember Farmer recognized First Lady Anita Perry and the Texas Historical Commission for honoring
San Angelo with a Texas Treasures Award on April 10, 2012.
Councilmember Silvas commented on the street reconstruction projects, the funding for the projects, the
prioritization of the projects, and possible ballot initiative. Mayor New explained that if a ballot initiative is
sought, the funds are not new sales tax funds but reallocated monies to the project. Interim City Manager
Michael Dane also added staff will consider a maintenance component to commit funds to the maintenance and
reconstruction 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.

Minutes
Vol. 103 April 17, 2012

CONSENT AGENDA
APPROVAL OF THE APRIL 3, 2012 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF A HOUSTON-GALVESTON AREA COUNCIL (HGAC) PURCHASING CO-OPERATIVE
BID (PD-02-12) FOR SPRINT FOR AIR CARD SERVICE IN THE AMOUNT OF $62,455.56 AND
AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY
NECESSARY RELATED DOCUMENTS
ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE
SALE OF TAX LOTS:
20 W 11th Street (Murillo), Lots 16 & 17, Block 53 Miles Addition, $2,500, Suit No. B-06-0064-T (ANNEX
A, PAGE 429, RESOLUTION #2012-04-048R)
707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, Suit No. TAX89-0557B (ANNEX B, PAGE
431, 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 AND
VARSITY CONTRACTORS FOR JANITORIAL SERVICES (PUR-04-09), AND AUTHORIZATION
FOR THE INTERIM CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT
CONFIRMATION OF THE INTERIM CITY MANAGER’S APPOINTMENT OF RHEA COOKE TO
SERVE A 1ST TERM ON THE CIVIL SERVICE COMMISSION
SECOND 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 Downtown
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
FOLLOWING PROPERTY, TO WIT: 120 East Harris Avenue encompassing the area known as the
Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block
22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical
Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo
Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west
26.4’ 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 Acre
Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise
Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial
(CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Councilmember 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 by
Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

Minutes Page 425
April 17, 2012 Vol. 103

REGULAR AGENDA: PUBLIC HEARING AND COMMENT
APPROVAL OF A RESOLUTION DECLARING THE INTENTION OF THE CITY TO CONTINUE THE
HARTFORD VARIABLE ANNUITY LIFE INSURANCE COMPANY DEFERRED COMPENSATION
PLAN; RESERVING THE RIGHT TO TERMINATE OR AMEND THE PLAN AT ANY TIME; AND,
AUTHORIZATION FOR THE CITY MANAGER, OR INTERIM CITY MANAGER, OR HIS DESIGNEE
TO EXECUTE SUCH DOCUMENTS AS HE MAY DEEM NECESSARY OR DESIRABLE TO CARRY
OUT THE INTENT OF THIS RESOLUTION AND REQUIRED UNDER THE PLAN TO MAKE THE
PLAN 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 Councilmember
Hirschfeld. Motion carried unanimously.
APPROVAL OF A LICENSE AGREEMENT WITH THE SAN ANGELO HEALTH FOUNDATION FOR
THE CONSTRUCTION OF A TRAIL ALONG THE SOUTH BANK OF THE NORTH CONCHO RIVER
BETWEEN IRVING STREET AND CITY-OWNED PROPERTY EAST OF KOENIGHEIM STREET (U.S.
HWY 87, NORTH) AS PART OF THE RIVER IMPROVEMENT PROJECT AND AUTHORIZATION FOR
THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE SAID AGREEMENT
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Record.
Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
DISCUSSION AND ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER
OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A DEVELOPMENT AND OPERATING
AGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELO
AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC) RELATING TO CREATION OF
THE PERFORMING ARTS CENTER AND CAMPUS WHICH WILL INCLUDE THE CITY
AUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USE
OF OFFICE SPACE BY SAPAC WITHIN CITY HALL BUILDING; PROVIDING FOR FUNDING
RESPONSIBILITIES 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 was
distributed and is part of the Permanent Supplemental Record.
General discussion was held on the museum allocation in relation to other cultural grant applications and
allocations, Section 5.2 regarding adding a tiered distribution for their allocation related to their performance
standards, broadening the Hotel/Occupancy allocation definition concept in relation to the allocation and
incentive, performance measures, clearly defining the return on investment and having all players compete on
the same standards, and the effective date of the agreement.
San Angelo Area Foundation Executive Director Matt Lewis further clarified the Hotel/Motel Occupancy Tax
Revenue (HOT) allocation and the intention of the allocation.
RECESS
At 10:13 A.M., Mayor New called a recess.
RECONVENE
At 10:24 A.M., Council reconvened, and the following business was transacted:

Minutes
Vol. 103 April 17, 2012

General discussion continued on defining the performance measures under a separate HOT ordinance and a
separate lease agreement, and coordinating completion of City Hall and construction of the west mezzanine for
SAPAC.
Councilmember Farmer commented, for clarification purposes, the draft contract under consideration today, is
not the document presented in the packet.
Motion, to adopt the Resolution, as presented, allowing staff to negotiate minor non-substantive changes, 5.2
section revisions, as stated, and to include a charitable intent clause, was made by Councilmember Hirschfeld
and 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 donations
are for the entire project. Mr. Lewis stated once all the funds are secured, the monies for the projects will be
dedicated 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 OF
ORDINANCE CHAPTER 7, SECTION 7.303, ENTITLED “WEEDS AND VEGETATION”,
SPECIFICALLY TALL GRASS AND WEEDS OVER 12 INCHES
Requested by Councilmember Adams and Code Compliance Manager James Flores presented background
information.
General discussion was held on the timeline to comply once a citation or notice is received, number of
complaint calls, courtesy notices and related costs, reducing the number of days to comply, rescinding the
resolution establishing the procedure, related cost to the increased liens filed and lots mowed, and increasing the
administrative fee and fines.
Council directed staff to research the resolution and present their recommendation at a future meeting as well as
directed staff to conduct further research to increase the administrative fees and fines associated with the code
violations.
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 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 SUB-SECTION 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
Civic Events Manager Anthony Wilson presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
TABLING OF DISCUSSION AND POSSIBLE ACTION ON AUTHORIZING THE PURCHASE OF BALL
FIELD NETTING AT THE TEXAS BANK SPORTS COMPLEX
Due to Councilmember Morrison’s absence, Mayor New suggested tabling the item. Council concurred.
DISCUSSION AND CONSIDERATION OF THE POSSIBILITY OF ISSUING REBATES OF WATER
FEES
Budget Manager Morgan Trainer presented background information and recommended no action at this time.

Minutes Page 427
April 17, 2012 Vol. 103

Council concurred. A copy of the presentation is part of the Permanent Supplemental Record.
PUBLIC HEARING AND APPROVAL AND ADOPTION OF A RESOLUTION AUTHORIZING THE
ADOPTION 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 the
Permanent Supplemental Record.
General discussion was held on the length of time a project remained on the project list, the project’s relative
value, 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 public
comment hearing period.
Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by
Councilmember Farmer. Motion carried unanimously.
TABLING OF DISCUSSION AND POSSIBLE ACTION RELATED TO THE CITY OF SAN ANGELO’S
PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES (NLC) SERVICE LINE WARRANTY
PROGRAM
Assistant City Manager Elizabeth Grindstaff stated the representative was not available to make his presentation
and suggested tabling the item to the next meeting. Council concurred.
ADOPTION OF A RESOLUTION IMPLEMENTING DROUGHT LEVEL II OF THE CITY’S WATER
CONSERVATION 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 effective
date of May 1, 2012 for the June billing cycle; proactively advertise the specifics of the plan, specifically the fee
schedule; 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 Stage
Level I campaign.
Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Farmer. Motion carried unanimously.
RECESS
At 12:06 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:37 P.M., Council 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 551.072 to deliberate the purchase, exchange, lease, or value of
real property; Section 555.071(2) 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 the Texas Open Meetings Act; and 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.

Minutes
Vol. 103 April 17, 2012

OPEN SESSION (continued)
At 1:11 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 1:11 P.M., Mayor New called a recess.
RECONVENE
At 1:18 P.M., Council reconvened, and the following business was transacted:
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
CONSIDERATION OF FUTURE AGENDA ITEMS
Interim City Manager Michael Dane distributed the proposed May 1, 2012 Agenda and solicited Council
comments 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.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion
carried unanimously.
The meeting adjourned at 1:37 P.M.


___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A-H

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.)

City of San Angelo

Memo
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 sale

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-02-12 - Digger Derrick
Dealers.doc

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 – Operations

X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-02-12 - Digger Derrick
Dealers.doc

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 TX

NOTE: Include this form with your Agenda Memo

Y:12-RFXVehicle MaintenanceVM0212 RFP-Rebid DiggerRFP Acknowledgement

MEMORANDUM
To: City Council
From: Patrick Frerich / Vehicle Maintenance
Subject: 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.

City of San Angelo

Memo

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:

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, TX

Y:12-RFXWater UtilitiesWU0312 Soil Sampling ServicesBid Tab

City of San Angelo

Memo


From: Tom Kerr, Assistant Director of Water Utilities


Contact: Tom Kerr, 657-4209


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:

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 TX

Y:12-RFXWater UtilitiesWU0612 Water MetersBid Tab

City of San Angelo

Memo


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.

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 to
Recommendation: 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 Design

Presentation: Ty Meighan, Public Information Officer

Publication: N/A

Reviewed by Elizabeth Grindstaff, Assistant City Manager
Director:

Approved by Legal:

INTEROFFICE MEMORANDUM
To: Roger Banks, Purchasing Manager
From: Ty Meighan, Public Information Officer
Date: April, 19, 2012
RE: RFP: PI-01-11, Website Design

The above referenced RFP was issued on October 11, 2011, and proposals were sent to six companies, including
one 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; Mary
Cleveland, 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. The
Team 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 Santa
Monica, California, and that the staff be authorized to negotiate a new contract for the design of a new, custom
website for the City of San Angelo. If a satisfactory contract cannot be negotiated, staff will begin negotiations
with the company with the proposal that was determined to be the next best value for the project.

xc: Elizabeth Grindstaff, Assistant City Manager

Attachments: Proposal Acknowledgment, RFP: PI-01-11/Website Design
Summary Evaluation Scores, RFP: PI-01-11/Website Design

City of San Angelo

Memo
From: Will Wilde, Water Utilities Director
Contact: Will Wilde, Water Utilities Director, 657-4209
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.

City of San Angelo

Memo
From: Will Wilde, Water Utilities Director
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.

APPENDIX A

STANDARD OFFER PROGRAM AGREEMENT

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 NORTH
COMPANY, a Texas corporation (hereinafter “TNC”), and
_______________________, (hereinafter “Project Sponsor”). Project Sponsor
and 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 Offer
Program (the “SOP”); and

WHEREAS, the SOP seeks to procure peak demand reduction through
the interruption of electric load; and

WHEREAS, Project Sponsor has developed a plan for participation in the
SOP through a set of proposed curtailments of interruptible load to produce a
controllable and predictable amount of peak demand reduction for the current
year performance period.

NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, the receipt, adequacy and legal sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:

DEFINITIONS

1.1 “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.

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

1.16 “Option E” shall include up to eight (8) 2-hour Unscheduled Interruptions

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)

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 TERMINATION

2.1 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
REPRESENTATIONS

3.1 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;

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.

ARTICLE IV - CUSTOMER AGREEMENT

4.1 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
IMPLEMENTATION

5.1 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

(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 PROCESS

6.1 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 PAYMENTS

7.1 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 $40,000

7.3 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

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 Savings

7.4 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 - INSURANCE

8.1 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

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 SPONSOR'S
OR ITS SUBCONTRACTOR'S 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 TNC'S 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,

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

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 REMEDIES

11.1 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.

May 1, 2012 CIty Council Agenda Packet

May 1, 2012 CIty Council Agenda Packet

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May 1, 2012 CIty Council Agenda Packet