city council april 19, 2011: agenda packet

City Council Agenda of 5 April 19, 2011

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, April 19, 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 6:30 P.M. every day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!

I. OPEN SESSION (9:00 A.M.)

A. Call to Order

B. Prayer and Pledge

"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”

C. Proclamation

“Epsilon Sigma Alpha Founders’ Week”, Week of May 2, 2011, to be accepted by Laura Martin, President of Theta Alpha Chapter #1503-ESA

D. Recognition

“Cheyenne Winters” for her advocacy and involvement in Crime Victims’ Rights Week

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.

II. CONSENT AGENDA

1. Consideration of approving the April 5, 2011 City Council Regular meeting minutes

2. Consideration of approving a residential lease renewal at Lot 114, Group Red Bluff, 3265 Red Bluff West (Hitt), and authorizing the Water Utilities Director to execute the same

3. Consideration of accepting the Texas Department of Transportation Click It or Ticket Grant in the amount of $4,000.00 and authorization for the City Manager or his designee to execute said Grant Agreement and any necessary related documents

4. Consideration of approving a Cooperative Assistance Agreement between the City of San Angelo and the United States Department of the Interior Bureau of Reclamation authorizing assistance in fencing critical areas of the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said Agreement and any necessary related documents


5. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an Interlocal Agreement with Harris County Department Of Education, which sponsors Choice Facility Partners, and authorizing the City Manager or his designee to make use of the system for approved purchases

6. Consideration of authorizing the City Manager to execute a Mutual Aid Agreement between the City of San Angelo and Goodfellow Air Force Base concerning hazardous material and Weapons of Mass Destruction

7. 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 11-03: Elite Electrical Services

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: lot at southwest corner of South Bryant Boulevard and West Avenue U in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo, changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

8. Second Hearing and consideration of adoption of an Ordinance repealing the Miles water rate

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THE EXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

9. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for capital projects and new projects

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE

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 551.087 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

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 receive advice from counsel regarding the City’s redistricting obligations

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 discuss the purchase, sale, exchange, lease, or value of real property


G. PUBLIC HEARING AND COMMENT

10. Presentation and discussion of matters related to the 2010 Census data and Redistricting:

a. Presentation and discussion of Initial Assessment regarding the need to redistrict the City Councilmember Districts based on recently issued 2010 Census data

b. Discussion of traditional redistricting criteria and possible adoption of criteria to be utilized by the City for the 2011 redistricting process

c. Discussion and possible action to adopt redistricting guidelines which control the process and schedule for the 2011 redistricting

d. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas adopting criteria for the use in the Redistricting 2011 process; and proving for an effective date

e. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing for an effective date

(Presentation by City Attorney Lysia H. Bowling and Sydney W. Falk, Jr. of Bickerstaff Heath Delgado Acosta LLP)

11. Consideration of adopting a Resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation

(Presentation by Finance Director Michael Dane)

12. First Public Hearing and consideration of introduction of an Ordinance amending Fire Department classified positions, specifically Driver position

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 DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING THE NUMBER OF FIRE FIGHTER FROM SIXTY-TWO (62) TO NINETY-FIVE (95), SAID CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES

(Presentation by Fire Chief Brian Dunn)

13. First Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 11-04: Sherri and John Jones, Jr.

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: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

(Presentation by Planning Manager AJ Fawver)


14. First Public Hearing and consideration of an Ordinance amending Chapter 10 (Traffic Control) in the Code of Ordinances, City of San Angelo

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS ALLOWED FROM THE GENERAL PROHIBITION ON PARKING TRAILERS, SEMI-TRAILERS, POLE TRAILERS, COMMERCIAL VEHICLES, TRUCK TRACTORS AND RECREATIONAL VEHICLES ON A STREET OR LOT IN A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Planning Manager AJ Fawver)

15. Discussion and possible action regarding the City’s Affordable Housing Program relative to Target Neighborhood revitalization efforts

(Requested by Councilmember Adams and Presentation by Neighborhood and Family Services Director Bob Salas)

16. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto

(Presentation by Finance Director Michael Dane)

17. Presentation and discussion on the conservation credit portion of the Water Rate Structure

(Presentation by Finance Director Michael Dane and Billing Supervisor Mary Cleveland)

18. Discussion and possible action regarding an architectural and professional services contract (RFQ PD-01-10) with Wigington Hooker Jeffry for a feasibility study and design development for a future law enforcement center and authorization for the City Manager to execute said contract

(Presentation by Police Chief Tim Vasquez and Assistant City Manager Elizabeth Grindstaff)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

19. Consideration to reconsider the Ordinance limiting the number of annual garage sales approved and adopted by City Council on March 22, 2011 and in accordance to Chapter 1, Section 1.1002 of the Code of Ordinance

(Requested by Councilmember Morrison)

20. Consideration of matters discussed in Executive/Session, if needed

21. Consideration of authorizing the City Manager or his designee to execute Task Order No. 15, and all related documents, between the City of San Angelo and KSA Engineers for air service marketing services in the amount of $62,325 at San Angelo Regional Airport

(Presentation by Airport Director Luis Elguezabal)

22. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute a Termination of Lease Agreement and release of claim with Skyline Aviation, Inc.

23. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute a Lease Agreement and related documents with Palm Beach Jet Group, Inc. for property located at the San Angelo Regional Airport


24. Consideration of Future Agenda Items

25. Consideration of rescheduling or canceling the June 21, 2011 City Council meeting

26. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, April 15, 2011, at 5:30 P.M.

/s/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N

WHEREAS, Epsilon Sigma Alpha International was founded in 1929, the first non-collegiate

sorority in America as an organization in which women could learn, grow, and serve together; and

WHEREAS, Epsilon Sigma Alpha International this year is observing its 78th anniversary as

an organization of international leadership and service with thousands of members in over 1200 chapters to excel in education, service, and philanthropy; and

WHEREAS, The women of Epsilon Sigma Alpha International provide 650,000 direct service

hours each year and raise over $10 million each year for charitable causes while developing their personal skills in management, public relations, and leadership; and

WHEREAS, Epsilon Sigma Alpha International has achieved a position of high esteem for

providing hope, assistance, and answers in areas of need; and WHEREAS, Such important contributions made by the Theta Alpha Chapter of Epsilon Sigma

Alpha International have become an integral part of our community while bringing good people together to do good things;

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of May 2, 2011, as “EPSILON SIGMA ALPHA FOUNDERS’ DAY WEEK” and urge all citizens to join me in commending the good works of Theta Alpha Chapter and their service to our community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of April, 2011.

THE CITY OF SAN ANGELO _________________________________ ALVIN NEW, MAYOR

NEWBRIDGE FAMILY SHELTER Bridging People to Lives Without Abuse

Violence Hotlines: (325) 655-5774 or (800) 749-8631 P.O. Box 5018 – San Angelo, Texas 76902 – 325-658-8631 – fax 325-659-2070

April 15, 2011 Dear City Council, Home should be a place of warmth, unconditional love, tranquility, and security, but tragically, for many Americans, these are blessings that are tarnished by fear and violence; According to the Texas Council of Family there were 111 women killed by their intimate partner in 2009. The youngest of those being, a 13 year girl, killed by her boyfriend. In 19 cases out of 111, 1 or more children witnessed the death of their mother. Cheyenne Winters, not only lived through this fear and violence but is survivor of family violence. There are times where a victims voice is never heard. We may never know what they are feeling or what they have endured. You may never see the tears and the hardships. Cheyenne is here today to share a little bit of her struggles and demonstrate the courage to leave that relationship and speak out against domestic violence. Many victims rely on local agencies and community support. But at times we all get caught up in our everyday lives and we forget to remember that someone is fighting for their life today. Cheyenne is survivor who is fortunate to be here and share her story with us today. And because of this reorganization has the opportunity to reach out to other victims of family violence. Her hopes are to reach at least one or more victims so that they to can live a life free of abuse. Sincerely, Carol Salazar Program Director

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 607 Tuesday, April 5, 2011 Vol. 102

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, April 5, 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 Councilmember Adams and pledge was led by Esther Whited, 4th grade student at of Trinity Lutheran School.

PROCLAMATIONS AND RECOGNITION

“Day of Prayer for Rain in San Angelo”, was accepted by Bishop Michael D. Pfiefer, OMI.

“Alcohol Awareness Month” April 2011, was accepted by Julie Alonzo, Director of Operations, Alcohol & Drug Abuse Council for the Concho Valley CV CARES Coalition.

“Mr. Cal Sugg” recognized for his dedicated service as a Board Member on the Park Commission.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE MARCH 22, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

AP-01-11: Rehabilitation Construction of Runway 3-21 at San Angelo Regional Airport, Blue Bay, $538,987.28 VM-02-11: Class 8 Haul Truck, Corley Freightliner (San Angelo, TX), $115,599.00 AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 14, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THE AMOUNT OF $31,674 AT SAN ANGELO REGIONAL AIRPORT APPROVAL OF A $60,000 FUNDING REQUEST FROM BUDGETED CITY OF SAN ANGELO DEVELOPMENT CORPORATION AFFORDABLE HOUSING PROGRAM FUNDS TO REIMBURSE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND FOR THE PURCHASE OF SIDING, PAINT AND OTHER MATERIALS NEEDED TO UNDERTAKE HOUSING IMPROVEMENTS SCHEDULED FOR THE CITY OF SAN ANGELO NEIGHBORHOOD BLITZ IN THE RIO VISTA NEIGHBORHOOD

Minutes Vol. 102 April 5, 2011 AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO PARTICIPATE IN THE 2011 MUSCULAR DYSTROPHY ASSOCIATION (MDA) FILL THE BOOT CAMPAIGN APPROVAL OF TWO PROPOSED EASEMENTS AND RIGHTS OF WAY REQUESTED BY AEP TEXAS NORTH COMPANY FOR UNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT TWO LOCATIONS: CITY HALL REHABILITATION AND THE NEW FIRE STATION #7 SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 IN RELATION TO ANGLE PARKING ZONES (ANNEX A, PAGE 613, ORDINANCE 2011-04-034) AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVE AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERN DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ORDINANCE RELATING TO CLASSIFIED (POLICE) STAFFING LEVELS DUE TO CONSOLIDATION OF LAKE, PARK & AIRPORT POLICE WITH THE SAN ANGELO POLICE DEPARTMENT; TO WIT: (ANNEX B, PAGE 615, ORDINANCE 2011-04-035) 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)(B), ENTITLED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BY INCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE NUMBER OF POLICE OFFICER FROM ONE HUNDRED TWENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES SECOND HEARING AND ADOPTION OF AN ORDINANCE REPEALING ARTICLE 5.100, SECTION 5.107 CITY CODE OF ORDINANCES ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE POSSESSION OF OPEN CONTAINERS AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE DOWNTOWN AREA (ANNEX C, PAGE 617, ORDINANCE 2011-04-036) AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SAN ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGES REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDING FOR AN EFFECTIVE DATE

Minutes Page 609 April 5, 2011 Vol. 102 SECOND HEARING AND ADOPTION OF ORDINANCE CANCELING THE MAY 14, 2011 GENERAL ELECTION FOR MAYOR, SINGLE MEMBER DISTRICTS 2, 4, AND 6 AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE (ANNEX D, PAGE 619, ORDINANCE 2011-04-037)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OF MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING THAT ALVIN NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FREDD B. ADAMS IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHARLOTTE FARMER IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); AND ESTABLISHING AN EFFECTIVE DATE

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACKNOWLEDGING THE NECESSITY FOR FEDERAL, STATE, AND LOCAL OFFICIALS TO COLLECTIVELY ADDRESS ON A NONPARTISAN BASIS THE REDUCTION OF PROPOSED FUNDING CUTS; AND, RESPECTFULLY REQUESTING THAT FEDERAL AND STATE GOVERNMENT OFFICIALS WORK COLLECTIVELY WITH LOCAL OFFICIALS TO DEVELOP SOLUTIONS TO CLOSE BUDGET SHORTFALLS; AND URGING THE TEXAS LEGISLATURE TO REFRAIN FROM INTRODUCING, CONSIDERING, OR PASSING LEGISLATION FOR UNFUNDED MANDATES (ANNEX E, PAGE 623, RESOLUTION 2011-04-038)

City Manager Harold Dominguez, CEO of San Angelo Community Medical Center Brad Holland and Director of Business Development/Marketing Sheryl Pfluger presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. PRESENTATION AND DISCUSSION OF THE LONE WOLF BRIDGE CONSTRUCTION PROJECT Requested by Councilmember Silvas and Transportation Planner Doray Hill and Donald Peterson of San Angelo Texas Department of Transportation District presented background information. A copy of the presentation is part of the Permanent Supplemental Record. 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 11-03: Elite Electrical Services 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: lot at southwest corner of South Bryant Boulevard and West Avenue U in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo, changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes Vol. 102 April 5, 2011 Principal Planner Brad Stone presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Public comment was made by Proponents Joe Garcia and Hector Garcia. Motion, to introduce Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Morrison. Motion carried unanimously.

RECESS

At 9:59 A.M., Mayor New called a recess.

RECONVENE

At 10:17 A.M., Council reconvened, and the following business was transacted:

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING THE MILES WATER RATE


Water Utilities Director Will Wilde presented background information.

Motion, to introduce Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET FOR CAPITAL PROJECTS AND NEW PROJECTS AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE Finance Director Michael Dane presented background information. He clarified the amount on the cover memo should read $21,947,156. Considerable discussion was held on the purchase of the Code Compliance mowers & equipment and Landfill fund. Motion, to introduce Ordinance, as presented, was made by Councilmember Alexander and seconded by Councilmember Farmer. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer NAY: Morrison and Adams. Motion carried 5-2. APPROVAL OF A RECOMMENDATION AND RATIFICATION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION APPROVAL OF A PROPOSAL TO CONDUCT AN ANALYSIS OF THE CITY OF SAN ANGELO’S DEVELOPMENT REVIEW PROCESS AND COMPOSE AN ACTION PLAN FOR STREAMLINING THE PROCESS AND IMPROVING THE ORGANIZATIONAL CULTURE OF THE RELATED DEPARTMENTS TO IMPROVE CUSTOMER SERVICE, IN AN AMOUNT NOT TO EXCEED $35,000.00

Community and Economic Development Director Shawn Lewis presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

Motion, to approve and ratify, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander. AYE: New, Alexander, Adams, Hirschfeld, and Farmer. NAY: Morrison and Silvas. Motion carried 5-2.

Minutes Page 611 April 5, 2011 Vol. 102 RECESS

At 11:34 A.M., Mayor New called a recess.

RECONVENE

At 11:38 A.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 11:45 A.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 551.087 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

OPEN SESSION (continued)

At 12:00 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 12:00 P.M., Mayor New called a recess.

RECONVENE

At 12:16 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.

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBRS:

Zoning Board of Adjustment: Theaha McClendon (SMD4) to a 1st full term January 2013

Motion, to approve various board nominations by Council and designated Councilmembers, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed April 5, 2011 Agenda and solicited Council comments and suggestions.

Minutes Vol. 102 April 5, 2011 ADJOURNMENT

Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

The meeting adjourned at 12:27 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.)

City of San Angelo

Memo Date: March 30, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Consent Item for April 19, 2011 Council Meeting

Contact: Will Wilde, Water Utilities Director, 657-4209

Caption: Consideration of approving a residential lease renewal with Bruce Hitt, at Lot 114, Group Red Bluff, 3265 Red Bluff West; and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2021 and they would like to execute a new 40 year lease for financing purposes.

History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2011-2015 $634 2016-2020 $761 2021 Market Value New lease fees: 2011-2015 $697 2016-2020 $836 2021-2050 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Bruce Hitt) Presentation: None.

Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 29, 2011.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751, San Angelo, Tom Green County, Texas 76902, and Bruce Hitt whose address is P.O. Box 1582, San Angelo,TX 76902 ("Lessee").

I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Lot 114, Group Red Bluff, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 3265 Red Bluff West).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011 and ending September 30, 2051, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule:

Dates Annual Rent For the Years 2011 Through 2015 $ 697

For the Years 2016 Through 2020 $ 836

For the Years 2021 Through 2050 Market Value * * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.

DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.

HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS

3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.

IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building code.

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.

DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS

9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease,

however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.

OTHER REMEDIES 13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.

HEADINGS

14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.

SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation

made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.

NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSEE: Bruce Hitt P.O. Box 1582 San Angelo, Texas 76902 LESSOR: City of San Angelo

Attn: Water Utilities Director 72 W. College, P.O. Box 1751 San Angelo, Texas 76903

EXECUTED in duplicate originals on the _____day of _____________________, 2011 by:

LESSEE

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 2010 by Bruce Hitt.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:

W. H. WILDE, Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of

________________, 2011, by W. H. Wilde, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

Adopted: 5/30/03 Revised: 1/16/08

City of San Angelo

Memo Date: 4/5/2011


From: Tim Vasquez, Chief of Police

Subject: Agenda Item for April 19, 2011 Council Meeting

Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Agenda Item

Acceptance of the Texas Department of Transportation Click It or Ticket Grant in the amount of $4,000.00 and authorization for the City Manager or his designee to execute any necessary related grant documents

Summary: The Texas Department of Transportation announced that the San Angelo Police Department is eligible to receive funds for the 2011 Click It or Ticket Grant. This program will provide $4,000 for safety restraint enforcement during the Memorial Day Holiday. As a result, we are asking permission to accept the additional funds in order to add extra enforcement during this holiday.

History: We apply each year and are awarded 8,000 - $10,000. We were awarded $8,000

in 2010. Since funding is limited at TxDOT, we were awarded $4,000 for 2011. Financial Impact: This grant will increase the Police Department’s budget by $4,000 to cover the

overtime expense incurred during the Memorial Day Holiday. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval of the stated caption Attachments: Grant Agreement Presentation: none Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 4/05/11

Texas Traffic Safety eGrants

Fiscal Year 2011 Organization Name: City of San Angelo

Legal Name: City of San Angelo

Payee Identification Number: 17560006599005

Project Title:

ID: 2011-SanAngeloPD-CIOT-00035

Period: 03/01/2011 to 09/30/2011

City of San Angelo

2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of San Angelo hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government.

AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011.

Name of the Federal Agency: National Highway Traffic Safety Administration

CFDA Number: 20.602

CFDA Title: Occupant Protection

Funding Source: Section 405

DUNS: 078547502

Project Title:STEP - Click It Or Ticket

Grant Period: This Grant becomes effective on 03/01/2011 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise modified.

Total Awarded: $5,117.35

Amount Eligible for Reimbursement: $4,000.00

Match Amount: $1,117.35

City of San Angelo


TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization.

THE SUBGRANTEE THE STATE OF TEXAS

City of San Angelo

Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission

By: _______________________________ [Authorized Signature]

By: ____________________________________ [District Engineer Texas Department of Transportation]

_______________________________ [Name]

_______________________________ [Name]

________________________________ [Title]

________________________________ [Title]

Date: __________________________ Date: __________________________

Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) ______________________________ [Resolution Number]

By: ________________________________ Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: __________________________

City of San Angelo


General Information

Project Title STEP - Click It Or Ticket

Project Description

To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Enforcement period.

How many years has your organization received funding for this project? This will be our fourth year.

City of San Angelo


Texas Traffic Safety Program

GRANT AGREEMENT GENERAL TERMS AND CONDITIONS

ARTICLE 1. COMPLIANCE WITH LAWS

The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith.

ARTICLE 2. STANDARD ASSURANCES

The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Department’s Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that:

A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant’s governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability.

C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, “Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs.

D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.)

E. It will comply with the federal Fair Labor Standards Act’s minimum wage and overtime requirements for employees performing project work.

F. It will establish safeguards to prohibit employees from using their positions for a

City of San Angelo


purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement.

H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements.

I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate.

J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase “federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance.

K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191).

L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee’s governing board or the Subgrantee’s subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code.

M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,

City of San Angelo


unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which

requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.

ARTICLE 3. COMPENSATION

A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method.

B. All payments will be made in accordance with the Project Budget. The Subgrantee’s expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, “Enforcement,” or B, “PI&E Activities,” to exceed the TxDOT amount listed in Subcategory C, “Other.” Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listed in Subcategory B, “PI&E Activities.” The TxDOT amount for Subcategory B, “PI&E Activities,” or C, “Other,” can only be exceeded within the 5 percent flexibility, with

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underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in

accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department.

D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term “supplanting,” refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds.

E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:

· A-21, Cost Principles for Educational Institutions; · A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, · A-122, Cost Principles for Nonprofit Organizations.

F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants.

G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period.

H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length

of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department.

ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement.

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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns,

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overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including:

A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation.

B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected.

ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all

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claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless:

· This Agreement is terminated in writing with the mutual consent of both parties; or · There is a written thirty (30) day notice by either party; or · The Department determines that the performance of the project is not in the best

interest of the Department and informs the Subgrantee that the project is terminated immediately.

The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed.

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If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, “Audits of States, Local Governments, and Other Non-Profit Organizations.” The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department’s Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a

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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees’ performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department’s interests. ARTICLE 18. SUBGRANTEE’S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department’s property management procedures or property management standards and federal standards, as appropriate, in:

· 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” or

· 49 CFR, Part 19 (OMB Circular A-110), “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations.”

ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY

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Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use.

A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium.

B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership.

C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee’s intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes.

ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging.

ARTICLE 22. CIVIL RIGHTS COMPLIANCE

A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60).

B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified

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by the Subgrantee of the Subgrantee’s obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability.

D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information.

E. Sanctions for noncompliance: In the event of the Subgrantee’s noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate.

F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States.

ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE

It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows:

· The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts.

· The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds.

These requirements shall be included in any subcontract.

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Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION

A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and

4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default.

B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement.

C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension.

D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification.

ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that:

A. No federally appropriated funds have been paid or will be paid by or on behalf of the

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Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal 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.

B. 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 federal 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 party to this Agreement shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) 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 than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department’s website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.

The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm.

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RESPONSIBILITIES OF THE SUBGRANTEE:

A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement.

B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR).

C. Attend Department-approved grant management training.

D. Attend meetings according to the following:

1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter’s work.

2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department.

E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget.

F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures.

G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries.

H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project.

I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds.

J. Ensure that each officer working on the STEP project will complete an officer’s daily

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report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures.

K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs.

L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked.

M. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest.

N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment.

O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356.

P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices.

Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year.

R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained.

S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary.

T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com.

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RESPONSIBILITIES OF THE DEPARTMENT:

A. Monitor the Subgrantee’s compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to:

· review of periodic reports · physical inspection of project records and supporting documentation · telephone conversations · e-mails and letters · quarterly review meetings · eGrants system messaging

B. Provide program management and technical assistance.

C. Attend appropriate meetings.

D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget.

E. Perform an administrative review of the project at the close of the grant period to:

· Ascertain whether or not the project objectives were met · Review project accomplishments (performance measures completed, targets

achieved) · Document any progress towards self-sufficiency · Account for any approved Program Income earned and expended · Identify exemplary performance or best practices

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Goals & Strategies

Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes

Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns.

Goal: To increase occupant restraint use in all passenger vehicles and trucks

Strategy: Increase enforcement of occupant protection laws.

X I agree to the above goals and strategies.

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Law Enforcement Objective/Performance Measure

1. Number and type of citations/arrests to be issued during the CIOT Operation

a. Safety Belt Citations 180 b. Child Safety Seat Citations 5 c. Increase the safety belt usage rate among drivers and front seat passengers, between pre & post survey results, by at least the following percentage points

2%

2. Total Number of Enforcement Hours 110 Step Indicator 2.522727

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PI&E Objective/Performance Measure

1. Support Grant efforts with a public information and education (PI&E) program a. Conduct a minimum of one (1) presentations 1 b. Conduct a minimum of two (2) media exposures (e.g. news conferences, news releases, and interviews) 2

c. Conduct a minimum of one (1) community events (e.g. health fairs, booths) 1 d. Distribute the following number of public information and education materials (if applicable) 0

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Budget Summary

Budget Category TxDOT Match Total

Category I - Labor Costs

(100) Salaries $3,504.44 $0 $3,504.44

(200) Fringe Benefits $495.56 $511.27 $1,006.83

Category I Sub-Total $4,000.00 $511.27

Category II - Other Direct Costs

(300) Travel$4,511.27 $0 $606.08 $606.08

(400) Equipment $0

(500) Supplies $0

(600) Contractual Services $0

(700) Other Miscellaneous $0

Category II Sub-Total $0 $606.08 $606.08

Total Direct Costs $4,000.00 $1,117.35 $5,117.35

Category III - Indirect Costs

(800) Indirect Cost Rate $0

Summary

Total Labor Costs $4,000.00 $511.27 $4,511.27

Total Direct Costs $0 $606.08 $606.08

Total Indirect Costs $0

Grand Total $4,000.00 $1,117.35 $0.00

Fund Sources (Percent Share) 78.17% 21.83%

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CIOT Operational Plan

X I agree to the following

Comments:

Site Description Occupant Protection Jurisdiction Wide

Pre Surveys May 17, 2011 - May 19, 2011

Pre-Media Efforts Before Enforcement period

May 20, 2011 - May 22, 2011

"Enforcement Period (Minimum # of enforcement days: 4) (day or nighttime)" May 23, 2011 - June 5, 2011

Post Surveys June 6, 2011 - June 8, 2011

Post-Media Efforts After Enforcement period

June 9, 2011 - June 11, 2011

Reporting Period June 12, 2011 - June 25, 2011

Description of Activities "Pre-Surveys" • Prior to conducting any wave enforcement activity, agencies must conduct pre-

observational surveys to establish safety belt usage rates. • The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own pre-observational surveys using the Texas Department of Transportation’s (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the “Survey Tools” link.

Pre-Media Campaign • Conduct local media events immediately before the enforcement effort to maximize

City of San Angelo


the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced.

Enforcement Period • Intensify enforcement through an overtime STEP that places primary emphasis on increasing the number of citations for non-use of occupant restraints during the peak holiday traffic.

Post-surveys • Conduct post-observational surveys to determine safety belt usage. Measure the impact of the media/enforcement effort. The cities of Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Lubbock, and San Antonio are scheduled to have their surveys conducted by the Texas Transportation Institute (TTI). • All other agencies must conduct their own post-observational surveys using the Texas Department of Transportation’s (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the “Survey Tools” link.

Post-media Campaign • Conduct local media events to tell the public why the safety belt laws are important and the results of the wave.

Reporting Period • Agencies will submit a performance report for the CIOT enforcement period (May 23 – June 5, 2011) during this time period.

Note: • The Survey and Media dates above are to be used as a guide. Late grant execution may result in a subgrantee conducting pre-survey and pre-media activities at a later date. • These activities must occur prior to enforcement activities beginning. • The Post-media Campaign may begin immediately after the post observational surveys are conducted.

City of San Angelo City of San Angelo 2011-SanAngeloPD-CIOT-00035

Printed On: 4/7/2011


City of San Angelo Parks & Recreation

Memorandum Date: April 15, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for April 19, 2011, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724


Consideration of approving a Cooperative Assistance Agreement between the City of San Angelo and the United States Department of the Interior Bureau of Reclamation authorizing assistance in fencing critical areas of the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to execute said agreement.

Summary: Staff recommends approval of a Cooperative Assistance Agreement between the City and the Bureau of Reclamation for up to 50% cost sharing of the recently approved Twin Buttes Reservoir pipe rail fencing and gate project.

History: • City Council authorized a budget amendment of $150,883 to fund the project on December 7, 2010.

• City Council approved the final plan for locations of pipe railing and gates to be installed for the project on January 11, 2011.

• The Bureau of Reclamation approved the project on February 16, 2011 and informed the City they were preparing an assistance agreement to help share the costs of the project.

City staff identified 18 access points around Twin Buttes that lead to thousands of acres that are, at best, difficult for the Police Department to patrol – and in some cases virtually impossible. City Council approved installing approximately 29,000 linear feet of pipe fencing, 18 heavy-duty gates and warning signs at these access points to eliminate vehicular traffic into undeveloped properties. The public will still be able to access these public lands, via cutouts in the fencing, for walking, hiking, running, birding, bicycling, etc. In addition, Council approved a conceptual plan to allow registered vehicular access at four gated locations.

Financial Impact: The cost of this project is $150,833 and funding, in full, has already been made available. There is no new cost with this item; in fact, approval of this item will provide up to $75,416.50 of funding from the Bureau of Reclamation to the City.

Attachments: Assistance Agreement with the United States Department of the Interior, Bureau of Reclamation with Attachments and Exhibits.

Presentation: Memorandum and Attachment.

Publication: N/A

Reviewed by Director:

Rick Weise, Assistant City Manager, March 29, 2011

Approved by Legal: March 30, 2011

7-2279 (DRAFT 12-2010) Bureau of Reclamation

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION

ASSISTANCE AGREEMENT 1A. AGREEMENT NUMBER R11FC60

1B. MOD NUMBER 2. TYPE OF AGREEMENT GRANT COOPERATIVE AGREEMENT

3. CLASS OF RECIPIENT

State 4. ISSUING OFFICE

Bureau of Reclamation P.O. Box 36900 Billings, MT 59017-6900

5. RECIPIENT City of San Angelo Ricky Dickson Director of Operations City of San Angelo 325-657-4206 325-657-4981(cell) EIN #: 75-6000659 County: Tom Green DUNS #: 078547502 Congress. Dist:

11th

6. ADMINISTRATIVE POINT OF CONTACT

Lindsey Nafts Bureau of Reclamation Great Plains Regional Office 316 North 26th Street Billings, MT 59101 (406) 247-7684 [email protected]

7. RECIPIENT PROJECT MANAGER City of San Angelo Carl White, Parks and Recreation Director P.O. Box 1751 San Angelo, Texas 76902 Telephone: 325-234-1724 or 325-657-4279 E-mail: [email protected]

8. GRANTS OFFICER TECHNICAL REPRESENTATIVE Bureau of Reclamation Attn: Thomas Michalewicz 5316 HWY 290 W, Suite 110 Telephone: (512) 899-4166 Fax: (512) 899-4179 E-mail: [email protected]

9A. INITIAL AGREEMENT EFFECTIVE DATE:

9B. MODIFICATION EFFECTIVE DATE:

10. COMPLETION DATE

September 30, 2013

11A. PROGRAM STATUTORY AUTHORITY

11B. CFDA Number

12. FUNDING INFORMATION

RECIPIENT/OTHER RECLAMATION 13. REQUISITION NUMBER

Total Estimated Amount of Agreement

14A. ACCOUNTING AND APPROPRIATION DATA

This Obligation

Previous Obligation

Total Obligation 14B. TREASURY ACCOUNT FUNDING SYMBOL

Cost-Share % 50 50

15. PROJECT TITLE AND BRIEF SUMMARY OF PURPOSE AND OBJECTIVES OF PROJECT Public Law 89-72, as amended cost share assistance in fencing critical areas of the San Angelo Project, Texas

16a. Acceptance of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the above-named recipient

BY: ________________________________________________________________________________ DATE: _____________________________________________________________________________

17a. Award of this Assistance Agreement in accordance with the terms and conditions contained herein is hereby made on behalf of the United States of America, Department of the Interior, Bureau of Reclamation

BY: ______________________________________________________________________________ DATE: ____________________________________________________________________________

16b. NAME, TITLE, AND TELEPHONE NUMBER OF SIGNER

Additional signatures are attached

17b. NAME OF GRANTS OFFICER

Lindsey Nafts

Agreement No. XXX 2

TABLE OF CONTENTS I. OVERVIEW AND SCHEDULE ............................................................................................... 3

1. AUTHORITY ........................................................................................................................ 3 2. PUBLIC PURPOSE ............................................................................................................... 4 3. BACKGROUND AND OBJECTIVES ................................................................................. 4 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY ....................................... 4 5. SCOPE OF WORK AND MILESTONES ............................................................................ 5 6. RESPONSIBILITY OF THE PARTIES ............................................................................... 6 7. BUDGET ............................................................................................................................... 7 8. KEY PERSONNEL ............................................................................................................. 10 9. REPORTING REQUIREMENTS AND DISTRIBUTION................................................. 12 10. REGULATORY COMPLIANCE ..................................................................................... 14

II. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN TRIBAL GOVERNMENTS....................................................................................................................................................... 16

1. REGULATIONS.................................................................................................................. 16 2. PAYMENT .......................................................................................................................... 17 3. PROCUREMENT STANDARDS (43 CFR §12.76)........................................................... 19 4. EQUIPMENT (43 CFR §12.72) .......................................................................................... 29 5. SUPPLIES (43 CFR §12.73) ............................................................................................... 31 6. INSPECTION ...................................................................................................................... 31 7. AUDIT (31 U.S.C. 7501-7507) ........................................................................................... 31 8. ENFORCEMENT (43 CFR §12.83) .................................................................................... 32 9. TERMINATION FOR CONVENIENCE (43 CFR §12.84) ............................................... 33 10. DEBARMENT AND SUSPENSION (2 CFR §1400) ...................................................... 33 11. DRUG-FREE WORKPLACE (2 CFR §182 and §1401) .................................................. 33 13. COVENANT AGAINST CONTINGENT FEES .............................................................. 34 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR §175.15) ................. 34 15. NEW RESTRICTIONS ON LOBBYING (43 CFR §18).................................................. 36 16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC § 4601 et seq.) ..................................................... 37 17. PATENTS AND INVENTIONS (37 CFR 401) ................................................................ 38 18. COPYRIGHTS (43 CFR 12.74) ...................................................................................... 44 19. RIGHTS TO DATA ........................................................................................................... 44 20. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A) ....................................................................... 44 21. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING .................................................... 46

Agreement No. XXX 3

Cooperative Agreement Between

Bureau of Reclamation And

The City of San Angelo For

Assistance in Fencing Critical Areas of the San Angelo Project, Texas

I. OVERVIEW AND SCHEDULE

1. AUTHORITY This Cooperative Agreement (agreement) is entered into between the United States of America, acting through the Department of Interior, Bureau of Reclamation, hereinafter referred to as “Reclamation”, and the City of San Angelo, hereinafter referred to as “City”, pursuant to the Reclamation Recreation Management Act as modified by P.L. 102-575, for assistance in fencing critical areas of the San Angelo Project, Texas. Title XXVIII, Section 2804 provides for the expansion or modification of existing facilities with a non-federal Partner that shall bear no less than half the costs. Federal Water Project Recreation Act (79 Stat. 213) (16 U.S.C. 460l–12) SEC. 2. (a) If, before authorization of a project, non-Federal public bodies indicate their intent in writing to agree to administer project land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and to bear not less than one-half the separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement, and not less than one-half the costs of operation, maintenance, and replacement incurred therefore - (1) the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project; Section 7 (b) The Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. Title XXVIII – Reclamation Recreation Management Act Section 2804 Amends the Federal Water Project Recreation Act (a) Allocation of costs Section 2 (a) of the Federal Water Project

Agreement No. XXX 4

Recreation Act (16 U.S.C. § 460l-13(a)) is amended, in the matter preceding paragraph (1), by striking “all the costs of operation, maintenance, and replacement” and inserting not less than one-half the costs of operation, maintenance, and replacement”.

2. PUBLIC PURPOSE The proposed fencing and access areas within the project will benefit the public by restricting access to certain areas for the safety of the public and allowing clear access to areas the City can reasonably manage. These efforts are the first step to increase the public safety around Twin Buttes by enacting measures that will strengthen security and eliminate unlawful activities. These activities include illegal dumping and littering, drug use, underage drinking, assaults and other illicit behavior.

3. BACKGROUND AND OBJECTIVES The City of San Angelo operates and maintains the San Angelo Project in Texas authorized by Public Law 85-152 dated August 16, 1957 for the principle purposes of furnishing water for irrigation, municipal, domestic and industrial use, controlling floods and providing recreation and fish and wildlife benefits. The San Angelo Project encompasses a large undeveloped area which may be used for recreation purposes. Due to the vast area, it is necessary to limit access to certain areas and provide designated access points in order to assist the City in managing the recreation resources available. The City will utilize its Park and Recreation Department and the Operations, Police and Finance departments to develop a plan for the management of existing open spaces. The goal of the management plan is to increase recreational usage within the Project, and prevent further unlawful activity. Reclamation will review and approve the proposed plan prior to implementation. The plan development is not part of this agreement. However, the proposed fencing is the first step.

4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY This Agreement becomes effective on the date shown in Block 17a of Form 7-2279, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The Agreement shall remain in effect until the date shown in Block 10 of Form 7-2279, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. The period of performance for this Agreement may only be modified through written modification of the Agreement by a Reclamation Grants Officer (GO). No legal liability on the part of the Government for any payment may arise until funds are made available, in writing, to the Recipient by the Grants Officer. The total estimated amount of this agreement is $75,440, of which the initial amount of federal funds available is limited to $75,440 as indicated by “this obligation” within Block 12 of Form 7-2279, United States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement. Subject to the

Agreement No. XXX 5

availability of Congressional appropriations, subsequent funds will be made available for payment through written modifications to this agreement by a Reclamation Grants Officer.

5. SCOPE OF WORK AND MILESTONES The City has identified 18 access points around Twin Buttes that lead to thousands of acres that are difficult for the Police Department to patrol and monitor and in some cases virtually impossible. The intent of this agreement is to cost share in re-establishing control of these areas for the protection of both the public and the management of the federal lands associated with the San Angelo Project. Approximately 29,000 feet of pipe fencing and 18 heavy duty gates with warning signs will be installed to eliminate vehicular traffic into the undeveloped areas of the Project. Reclamation and the City will work together to develop a management plan for the San Angelo Project to include areas for walking, hiking, running, birding, bicycling and equestrian use. A map of the areas to be cleared and designated areas for locations of the gates and pipe railing is included as Attachment II of this agreement. Reclamation and the City will work closely together to establish controlled access and ensure the best use of the public lands. 5.1 Project Schedule Task 1. February 2011 to March 2011 Order and stage materials Task 2. March 2011 to September 2012

Construction - The City is performing the construction with their own staff, therefore the work will be conducted when staff is available.

The City’s approach to the installation of the pipe rail and gate project to restrict vehicular access to Twin Buttes is as follows: 3rd Quarter FY2011 April-June - All the necessary brush clearing for the installation of the pipe rail fencing will be done during this quarter. If the project meets anticipated time lines, the City may begin installation of the pipe rail fencing. 4th Quarter FY2011 July-Sept - Lake Operations will be responsible for the work on this project and due to their existing work load during this quarter work will be sporadic on the pipe rail fencing portion of the project. 1st Quarter FY 2012 Oct-Dec 2011 - Continue installation of pipe rail and the installation of gates as pipe rails are completed to restrict access. The majority of the work will be completed during this quarter of 2012 and the 2nd Quarter of 2012. 2nd Quarter FY 2012 Dec-March 2012- Expected completion of the pipe rail and gate installation.

Agreement No. XXX 6

6. RESPONSIBILITY OF THE PARTIES 6.1 Recipient Responsibilities 6.1.1 The Recipient shall be responsible for carrying out the Scope of Work in accordance with the terms and conditions stated herein. The Recipient shall adhere to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the Scope of Work contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. Management and operation of San Angelo’s lake parks have been the Water Departments responsibility because of the proximity to the City’s primary water sources, Lake Nasworthy and Twin Buttes Reservoir. The City shall:

1. Procure materials and supplies identified in Attachment A and install in

approved locations identified in the map (attachment B). 2. Submit site plans for review and approval by Reclamation. 3. Begin installation of pipe railing and gates only after receipt of an approval

letter from Reclamation stating that site locations have been approved and that the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA), as required by Reclamation Directives and Standards have been completed.

4. Not begin any construction or clearing work until written approval to proceed is received from Reclamation.

5. Be responsible for 50 percent of the total cost of the project. 6. Operate, maintain, and replace said pipe railing and gates at its own expense

as required in the 1959 operation and maintenance contract, as amended.

6.2 Reclamation Responsibilities 6.2.1 Reclamation is responsible for federal monitoring and oversight of activities performed under this Agreement. Such responsibilities include review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the Scope of Work. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient’s request, Reclamation may also provide technical assistance to the Recipient in support of the Scope of Work and objectives of this Agreement. 6.2.2 Substantial involvement by Reclamation is anticipated during the performance of activities funded under this cooperative agreement. In support of this Agreement, Reclamation will:

Agreement No. XXX 7

1. Provide funding in FY 2011 in the amount of $75,440 for the materials and supplies needed to install the pipe railing and gates at approved designated locations within the Project. Reclamation funding will not exceed 50 percent of the total cost of the Project.

2. Research impacts of this agreement and prepare final NEPA and NHPA evaluation, consultation, and approval documents.

3. Furnish a letter to the City stating the approved locations; verify completion of NEPA and NHPA compliance actions and approval to proceed with the activities authorized by this agreement.

4. Upon execution of this agreement and receipt of Standard Forms 270, Request for Advance or Reimbursement, and 425A, Financial Status Report, Reclamation will transfer funds, in the amount of $75,440.00 appropriated to Reclamation in FY 2011, to the City. The forms shall be sent to the Oklahoma-Texas Area Office for approval and forwarding to the Denver Financial Office though the Great Plains Regional Office Grants and Agreements Officer.

7. BUDGET 7.1 Budget Estimate. Attachment I is the estimated budget for this Agreement. As federal financial assistance agreements are cost-reimbursable, the budget provided is for estimation purposes. Final costs incurred under the budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this agreement must be in accordance with any pre-award clarifications conducted between the Recipient and Reclamation, as well as with the terms and conditions of this agreement. Final determination of the allowable, allocable, or reasonable costs incurred under this agreement is the responsibility of the Grants Officer. Recipients are encouraged to direct any questions regarding allowable, allocable or reasonable costs to the Grants Officer for review prior to incurrence of the costs in question. 7.2 Cost Sharing Requirement At least 50 % non-federal cost-share is required for costs incurred under this Agreement. 7.3 Pre-Award Incurrence of Costs The Recipient shall be entitled to 50% reimbursement for costs incurred on or after January 15, 2011, which if had been incurred after this Agreement was entered into, would have been allowable, allocable, and reasonable under the terms and conditions of this Agreement. 7.4 Allowable Costs (2 CFR Part §225) Costs incurred for the performance of this Agreement must be allowable, allocable to the project, and reasonable. The following Office of Management and Budget (OMB) Circular, codified within the Code of Federal Regulations (CFR), governs the allowable costs for Federal financial assistance:

Agreement No. XXX 8

2 CFR Part 225 (OMB Circular A-87), "Cost Principles for State, Local, and Indian Tribal Governments" Expenditures for the performance of this Agreement must conform to the requirements within this Circular. The Recipient must maintain sufficient documentation to support these expenditures. Questions on the allowable costs should be directed to the GO responsible for this Agreement. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the Agreement. The only costs which are authorized for a period of up to 90 days following the project performance period are those strictly associated with closeout activities for preparation of the final report. 7.5 Changes (43 CFR §12.70). (a) General. Grantees and sub-grantees are permitted to re-budget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to the approved project. However, unless waived by the awarding agency, certain types of post-award changes in budgets and projects shall require the prior written approval of the awarding agency. (b) Relation to cost principles. The applicable cost principles (see 43 §12.62) contain requirements for prior approval of certain types of costs. Except where waived, those requirements apply to all grants and sub-grants even if paragraphs (c) through (f) of this section do not. (c) Budget changes.

(1) Non-construction projects. Except as stated in other regulations or an award document, grantees or sub-grantees shall obtain the prior approval of the awarding agency whenever any of the following changes is anticipated under a non-construction award:

(i) Any revision which would result in the need for additional funding. (ii) Unless waived by the awarding agency, cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent of the current total approved budget, whenever the awarding agency's share exceeds $100,000. (iii) Transfer of funds allotted for training allowances (i.e., from direct payments to trainees to other expense categories).

(2) Construction projects. Grantees and sub-grantees shall obtain prior written approval for any budget revision which would result in the need for additional funds. (3) Combined construction and non-construction projects. When a grant or sub-grant provides funding for both construction and non-construction activities, the grantee or sub-

Agreement No. XXX 9

grantee must obtain prior written approval from the awarding agency before making any fund or budget transfer from non-construction to construction or vice versa.

(d) Programmatic changes. Grantees or sub-grantees must obtain the prior approval of the awarding agency whenever any of the following actions is anticipated:

(1) Any revision of the scope or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval). (2) Need to extend the period of availability of funds. (3) Changes in key persons in cases where specified in an application or a grant award. In research projects, a change in the project director or principal investigator shall always require approval unless waived by the awarding agency. (4) Under non-construction projects, contracting out, sub-ranting (if authorized by law) or otherwise obtaining the services of a third party to perform activities which are central to the purposes of the award, unless included in the initial funding proposal. This approval requirement is in addition to the approval requirements of 43 §12.76 but does not apply to the procurement of equipment, supplies, and general support services.

(e) Additional prior approval requirements. The awarding agency may not require prior approval for any budget revision which is not described in paragraph (c) of this section. (f) Requesting prior approval.

(1) A request for prior approval of any budget revision will be in the same budget formal the grantee used in its application and shall be accompanied by a narrative justification for the proposed revision. (2) A request for a prior approval under the applicable Federal cost principles (see §12.62) may be made by letter. (3) A request by a sub-grantee for prior approval will be addressed in writing to the grantee. The grantee will promptly review such request and shall approve or disapprove the request in writing. A grantee will not approve any budget or project revision which is inconsistent with the purpose or terms and conditions of the Federal grant to the grantee. If the revision, requested by the sub-grantee would result in a change to the grantee's approved project which requires Federal prior approval, the grantee will obtain the Federal agency's approval before approving the sub-grantee's request.

7.6 Modifications Any changes to this Agreement shall be made by means of a written modification. Reclamation may make changes to the Agreement by means of a unilateral modification to address administrative matters, such as changes in address, no-cost time extensions, the addition of

Agreement No. XXX 10

previously agreed upon funding, or deobligation of excess funds at the end of the Agreement. Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to suspend or terminate the Agreement in accordance with 43 CFR 12.83. All other changes shall be made by means of a bilateral modification to the Agreement. No oral statement made by any person, or written statement by any person other than the GO, shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. All requests for modification of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GO. Any request for project extension shall be made at least 45 days prior to the expiration date of the Agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation.

8. KEY PERSONNEL 8.1 Recipient’s Key Personnel The Recipient's Project Manager for this Agreement shall be: City of San Angelo Ricky Dickson, Director of Operations P.O. Box 1751 San Angelo, Texas 76902 Telephone: 325-657-4206 325-657-4981(cell) [email protected] Additional key personnel for this Agreement are identified as follows: City of San Angelo Carl White, Parks and Recreation Director P.O. Box 1751 San Angelo, Texas 76902 Telephone: 325-234-1724 or 325-657-4279 E-mail: [email protected] Changes to Key Personnel require compliance with 43 CFR 12.70(d) (3). 8.2 Reclamation’s Key Personnel 8.2.1 Grants Officer (GO): Bureau of Reclamation Great Plains Regional Office


Lindsey Nafts 316 North 26th Street Billings, MT 59101 (406) 247-7684 [email protected] The GO is the only official with legal delegated authority to represent Reclamation. The GO’s responsibilities include, but are not limited to, the following: (a) Formally obligate Reclamation to expend funds or change the funding level of the Agreement; (b) Approve through formal modification changes in the scope of work and/or budget; (c) Approve through formal modification any increase or decrease in the period of performance of the Agreement; (d) Approve through formal modification changes in any of the expressed terms, conditions, or specifications of the Agreement; (e) Be responsible for the overall administration, management, and other non-programmatic aspects of the Agreement including, but not limited to, interpretation of financial assistance statutes, regulations, circulars, policies, and terms of the Agreement; (f) Where applicable, ensures that Reclamation complies with the administrative requirements required by statutes, regulations, circulars, policies, and terms of the Agreement. 8.2.2 Grants Officer Technical Representative (GOTR): Bureau of Reclamation Attn: Thomas Michalewicz Address: 5316 HWY 290 W, Suite 110 Austin, Texas 78735-8931 Telephone: 512-899-4166 E-mail: [email protected] The GOTR’s authority is limited to technical and programmatic aspects of the Agreement. The GOTR’s responsibilities include, but are not limited to, the following: (a) Assist the Recipient, as necessary, in interpreting and carrying out the scope of work in the Agreement; (b) Review, and where required, approve Recipient reports and submittals as required by the Agreement;


(c) Where applicable, monitor the Recipient to ensure compliance with the technical requirements of the Agreement; (d) Where applicable, ensure that Reclamation complies with the technical requirements of the Agreement; The GOTR does not have the authority to and may not issue any technical assistance which: (a) Constitutes an assignment of additional work outside the scope of work of the Agreement; (b) In any manner causes an increase or decrease in the total estimated cost or the time required for performance; or (c) Changes any of the expressed terms, conditions, or specifications of the Agreement.

9. REPORTING REQUIREMENTS AND DISTRIBUTION 9.1 Noncompliance. Failure to comply with the reporting requirements contained in this Agreement may be considered a material non-compliance with the terms and conditions of the award. Non compliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 43 CFR §12.83. 9.2 Financial Reports. Financial Status Reports shall be submitted by means of the SF-425 and shall be submitted according to the Report Frequency and Distribution schedule below. All financial reports shall be signed by an Authorized Certifying Official for the Recipient’s organization. 9.3 Monitoring and reporting program performance (43 CFR §12.80) (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and sub-grant supported activities. Grantees must monitor grant and sub-grant supported activities to assure compliance with applicable Federal requirements and that performance goals are being achieved. Grantee monitoring must cover each program, function or activity. (b) Non-construction performance reports. The Federal agency may, if it decides that performance information available from subsequent applications contains sufficient information to meet its programmatic needs, require the grantee to submit a performance report only upon expiration or termination of grant support. Unless waived by the Federal agency this report will be due on the same date as the final Financial Status Report.

(1) Grantees shall submit annual performance reports unless the awarding agency requires quarterly or semi-annual reports. However, performance reports will not be required more


frequently than quarterly. Annual reports shall be due 90 days after the grant year, quarterly or semi-annual reports shall be due 30 days after the reporting period. The final performance report will be due 90 days after the expiration or termination of grant support. If a justified request is submitted by a grantee, the Federal agency may extend the due date for any performance report. Additionally, requirements for unnecessary performance reports may be waived by the Federal agency. (2) Performance reports will contain, for each grant, brief information on the following:

(i) A comparison of actual accomplishments to the objectives established for the period. Where the output of the project can be quantified, a computation of the cost per unit of output may be required if that information will be useful. (ii) The reasons for slippage if established objectives were not met. (iii) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

(3) Grantees will not be required to submit more than the original and two copies of performance reports. (4) Grantees will adhere to the standards in this section in prescribing performance reporting requirements for sub-grantees.

(c) Construction performance reports. For the most part, on-site technical inspections and certified percentage-of-completion data are relied on heavily by Federal agencies to monitor progress under construction grants and sub-grants. The Federal agency will require additional formal performance reports only when considered necessary, and never more frequently than quarterly. (d) Significant developments. Events may occur between the scheduled performance reporting dates which have significant impact upon the grant or sub-grant supported activity. In such cases, the grantee must inform the Federal agency as soon as the following types of conditions become known:

(1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more beneficial results than originally planned.

(e) Federal agencies may make site visits as warranted by program needs. (f) Waivers, extensions.


(1) Federal agencies may waive any performance report required by this part if not needed. (2) The grantee may waive any performance report from a sub-grantee when not needed. The grantee may extend the due date for any performance report from a sub-grantee if the grantee will still be able to meet its performance reporting obligations to the Federal agency.

9.4 Report Frequency and Distribution. The following table sets forth the reporting requirements for this Agreement. Please note the first report due date listed for each type of report. REQUIRED REPORTS

Interim Reports Final Report

Program Performance Report Format No specific format required. See content

requirements within Section 9.3 (43 CFR 12.80) above.

No specific format required. See content requirements within Section 9.3 (43 CFR 12.80) above.

Reporting Frequency Semi-Annual, Final Report due upon completion of Agreement’s period of performance

Reporting Period For Semi-Annual Reporting: October 1 through March 31 and April 1 through September 30.

Entire period of performance

Due Date Within 30 days after the end of the Reporting Period

Within 90 days after the completion date of the Agreement

First Report Due Date The first financial status report is due for reporting period ending March 31, 2011

N/A

Submit to: GO and GOTR GO and GOTR Financial Status Report Format SF-425 SF-425 Reporting Frequency Semi-Annual Final Report due upon completion

of Agreement’s period of performance

Reporting Period For Semi-Annual Reporting: October 1 through March 31 and April 1 through September 30.

Entire period of performance

Due Date Within 30 days after the end of the Reporting Period

Within 90 days after the completion date of the Agreement

First Report Due Date The first performance report is due for reporting period ending March 31, 2011

N/A

Submit to: GO and GOTR GO and GOTR

10. REGULATORY COMPLIANCE The Recipient agrees to comply with or assist Reclamation in compliance all regulatory compliance requirements and all applicable state, Federal, and local environmental and cultural and paleontological resource protection laws and regulations as applicable to this project. These


may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. Certain environmental and other associated compliance are Federal responsibilities, and will occur as appropriate. Reclamation will identify the need for, and assure the completion of, any appropriate environmental compliance requirements, as identified above, pursuant to activities specific to this assisted activity. Environmental and other associated compliance shall be completed prior to the start of this project. As such, notwithstanding any other provision of this Agreement, Reclamation shall not provide any funds to the Recipient for Agreement purposes, and the Recipient shall not begin implementation of the assisted activity described in this Agreement, until Reclamation provides written notice to the Recipient that all applicable environmental and regulatory compliance analyses and clearances have been completed and that the Recipient may begin implementation of the assisted activity. If the Recipient begins project activities that require environmental and other regulatory compliance approval, such as construction activities, prior to receipt of written notice from Reclamation that all such clearances have been obtained, then Reclamation reserves the right to unilaterally terminate this agreement for cause.


II. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN

TRIBAL GOVERNMENTS

1. REGULATIONS The regulations at 43 CFR, Part 12, Subparts A, C, E, and F, are hereby incorporated by reference as though set forth in full text. The following Office of Management and Budget (OMB) Circulars, as applicable, and as implemented by 43 CFR Part 12, are also incorporated by reference and made a part of this Agreement. Failure of a Recipient to comply with any applicable regulation or circular may be the basis for withholding payments for proper charges made by the Recipient and/or for termination of support. 1.1 Colleges and Universities that are Recipients or sub-recipients shall use the following: 2 CFR Parts 215 and 220 (Circular A 21), "Cost Principles for Educational Institutions" Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F) Circular A-133, revised June 27, 2003, "Audits of States, Local Governments, and Non-Profit Organizations" 1.2 State, Local and Tribal Governments that are Recipients or sub-recipients shall use the following: 2 CFR Part 225 (Circular A 87), "Cost Principles for State, Local, and Indian Tribal Governments" Circular A 102, as amended August 29, 1997, "Grants and Cooperative Agreements with State and Local Governments" (Grants Management Common Rule, Codification by Department of Interior, 43 CFR 12, Subpart C) Circular A-133, revised June 27, 2003, Audits of States, Local Governments, and Non-Profit Organizations" 1.3 Nonprofit Organizations that are Recipients or sub-recipients shall use the following: 2 CFR Part 230 (Circular A 122), “Cost Principles for Non-Profit Organizations"


Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F) Circular A-133, revised June 27, 2003, “Audits of States, Local Governments, and Non-Profit Organizations” 1.4 Organizations other than those indicated above that are Recipients or sub-recipients shall use the basic principles of OMB Circular A-110 (Codification by Department of Interior, 43 CFR 12, Subpart F), and cost principles shall be in accordance with 48 CFR Subpart 31.2. 1.5 43 CFR 12.77 sets forth further regulations that govern the award and administration of subawards by State governments.

2. PAYMENT 2.1 Payment Standards. (43 CFR §12.61) (a) Scope. This section prescribes the basic standard and the methods under which a Federal agency will make payments to grantees, and grantees will make payments to subgrantees and contractors. (b) Basic standard. Methods and procedures for payment shall minimize the time elapsing between the transfer of funds and disbursement by the grantee or subgrantee, in accordance with Treasury regulations at 31 CFR part 205. (c) Advances. Grantees and subgrantees shall be paid in advance, provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of the funds and their disbursement by the grantee or subgrantee. (d) Reimbursement. Reimbursement shall be the preferred method when the requirements in paragraph (c) of this section are not met. Grantees and subgrantees may also be paid by reimbursement for any construction grant. Except as otherwise specified in regulation, Federal agencies shall not use the percentage of completion method to pay construction grants. The grantee or subgrantee may use that method to pay its construction contractor, and if it does, the awarding agency's payments to the grantee or subgrantee will be based on the grantee's or subgrantee's actual rate of disbursement. (e) Working capital advances. If a grantee cannot meet the criteria for advance payments described in paragraph (c) of this section, and the Federal agency has determined that reimbursement is not feasible because the grantee lacks sufficient working capital, the awarding agency may provide cash or a working capital advance basis. Under this procedure the awarding agency shall advance cash to the grantee to cover its estimated disbursement needs for an initial period generally geared to the grantee's disbursing cycle. Thereafter, the awarding agency shall reimburse the grantee for its actual cash disbursements. The working capital advance method of


payment shall not be used by grantees or subgrantees if the reason for using such method is the unwillingness or inability of the grantee to provide timely advances to the subgrantee to meet the subgrantee's actual cash disbursements. (f) Effect of program income, refunds, and audit recoveries on payment.

(1) Grantees and subgrantees shall disburse repayments to and interest earned on a revolving fund before requesting additional cash payments for the same activity.

(2) Except as provided in paragraph (f)(1) of this section, grantees and subgrantees shall disburse program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds before requesting additional cash payments.

(g) Withholding payments.

(1) Unless otherwise required by Federal statute, awarding agencies shall not withhold payments for proper charges incurred by grantees or subgrantees unless—

(i) The grantee or subgrantee has failed to comply with grant award conditions, or (ii) The grantee or subgrantee is indebted to the United States.

(2) Cash withheld for failure to comply with grant award condition, but without suspension of the grant, shall be released to the grantee upon subsequent compliance. When a grant is suspended, payment adjustments will be made in accordance with §12.83(c). (3) A Federal agency shall not make payment to grantees for amounts that are withheld by grantees or subgrantees from payment to contractors to assure satisfactory completion of work. Payments shall be made by the Federal agency when the grantees or subgrantees actually disburse the withheld funds to the contractors or to escrow accounts established to assure satisfactory completion of work.

(h) Cash depositories.

(1) Consistent with the national goal of expanding the opportunities for minority business enterprises, grantees and sub-grantees are encouraged to use minority banks (a bank which is owned at least 50 percent by minority group members). A list of minority owned banks can be obtained from the Minority Business Development Agency, Department of Commerce, Washington, DC 20230. (2) A grantee or sub-grantee shall maintain a separate bank account only when required by Federal-State Agreement.

(i) Interest earned on advances. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at


least quarterly, remit interest earned on advances to the Federal agency. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative expenses.

2.2 Payment Method Requesting Payments -- Requests for advance or reimbursement may be made by the following methods: (1) SF-270, Request for Advance or Reimbursement - Recipients may submit an original and properly certified SF-270 form to the GO. For advance payments, this form may be submitted on a monthly basis, at least two weeks prior to the date on which funds are required, and on the basis of expected disbursements for the succeeding month and the amount of Federal funds already on hand. Requests for reimbursement may be submitted on a monthly basis or more frequently if authorized by the (GO). (2) SF-271, Outlay Report and Request for Reimbursement for Construction Programs - The SF-271 shall be used for construction Agreements paid by the reimbursement method, letter of credit, electronic funds transfer, or Treasury check advance, except where the advance is based on periodic requests from the Recipient, in which case the SF-270 shall be used. This request may be submitted on a quarterly basis, but no less frequently than on an annual basis. Recipients may submit an original, properly certified SF-271 form to the GO. (3) Automated Standard Application for Payments (ASAP) - Recipients may utilize the Department of Treasury ASAP payment system to request advances or reimbursements. ASAP is a Recipient-initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. Recipients interested in enrolling in the ASAP system, please contact Dee Devillier at 303-445-3461 or Sheri Oren at 303-445-3448.

3. PROCUREMENT STANDARDS (43 CFR §12.76) (a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non-Federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs (b) through (i) in this section. (b) Procurement standards.

(1) Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section.


(2) Grantees and sub-grantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (3) Grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the grantee or sub-grantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:

(i) The employee, officer or agent, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. Grantee and sub-grantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and sub-grantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest.

(4) Grantee and sub-grantee procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (5) To foster greater economy and efficiency, grantees and sub-grantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services. (6) Grantees and sub-grantees are encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7) Grantees and sub-grantees are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.


(8) Grantees and sub-grantees will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (9) Grantees and sub-grantees will maintain records sufficient to detail the significant history of a procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (10) Grantees and sub-grantees will use time and material type contracts only—

(i) After a determination that no other contract is suitable, and (ii) If the contract includes a ceiling price that the contractor exceeds at its own risk.

(11) Grantees and sub-grantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not relieve the grantee or sub-grantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or sub-grantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority having proper jurisdiction. (12) Grantees and sub-grantees will have protest procedures to handle and resolve disputes relating to their procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with the grantee and sub-grantee before pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to:

(i) Violations of Federal law or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and (ii) Violations of the grantee's or sub-grantee's protest procedures for failure to review a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or sub-grantee.

(c) Competition.

(1) All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of §12.76. Some of the situations considered to be restrictive of competition include but are not limited to:


(i) Placing unreasonable requirements on firms in order for them to qualify to do business, (ii) Requiring unnecessary experience and excessive bonding, (iii) Noncompetitive pricing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, (vi) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process.

(2) Grantees and sub-grantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts State licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criteria provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) Grantees will have written selection procedures for procurement transactions. These procedures will ensure that all solicitations:

(i) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equal” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and (ii) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

(4) Grantees and sub-grantees will ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough


qualified sources to ensure maximum open and free competition. Also, grantees and sub-grantees will not preclude potential bidders from qualifying during the solicitation period.

(d) Methods of procurement to be followed —(1) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources.

(2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in §12.76(d)(2)(i) apply.

(i) In order for sealed bidding to be feasible, the following conditions should be present:

(A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders are willing and able to compete effectively and for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.

(ii) If sealed bids are used, the following requirements apply:

(A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids; (B) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond; (C) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (D) A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and


(E) Any or all bids may be rejected if there is a sound documented reason.

(3) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:

(i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical; (ii) Proposals will be solicited from an adequate number of qualified sources; (iii) Grantees and sub-grantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees; (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) Grantees and sub-grantees may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

(4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate.

(i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies:

(A) The item is available only from a single source; (B) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate.


(ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required. (iii) Grantees and sub-grantees may be required to submit the proposed procurement to the awarding agency for pre-award review in accordance with paragraph (g) of this section.

(e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1) The grantee and sub-grantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.

(2) Affirmative steps shall include:

(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) (i) through (v) of this section.

(f) Contract cost and price.

(1) Grantees and sub-grantees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or


regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price.

(2) Grantees and sub-grantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles (see §12.62). Grantees may reference their own cost principles that comply with the applicable Federal cost principles. (4) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.

(g) Awarding agency review.

(1) Grantees and sub-grantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or sub-grantee desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (2) Grantees and sub-grantees must on request make available for awarding agency pre-award review procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. when:

(i) A grantee's or sub-grantee's procurement procedures or operation fails to comply with the procurement standards in this section; or (ii) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or (iii) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a “brand name” product; or (iv) The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or


(v) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.

(3) A grantee or sub-grantee will be exempt from the pre-award review in paragraph (g)(2) of this section if the awarding agency determines that its procurement systems comply with the standards of this section.

(i) A grantee or sub-grantee may request that its procurement system be reviewed by the awarding agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews shall occur where there is a continuous high-dollar funding, and third-party contracts are awarded on a regular basis. (ii) A grantee or sub-grantee may self-certify its procurement system. Such self-certification shall not limit the awarding agency's right to survey the system. Under a self-certification procedure, awarding agencies may wish to rely on written assurances from the grantee or sub-grantee that it is complying with these standards. A grantee or sub-grantee will cite specific procedures, regulations, standards, etc., as being in compliance with these requirements and have its system available for review.

(h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the awarding agency may accept the bonding policy and requirements of the grantee or sub-grantee provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:

(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

(i) Contract provisions. A grantee's and sub-grantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy.


(1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (3) Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees) (4) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for construction or repair) (5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or sub-grantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C.


1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and sub-grants of amounts in excess of $100,000) (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871).

4. EQUIPMENT (43 CFR §12.72) (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee or sub-grantee respectively. (b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and sub-grantees will follow paragraphs (c) through (e) of this section. (c) Use.

(1) Equipment shall be used by the grantee or sub-grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. (2) The grantee or sub-grantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate. (3) Notwithstanding the encouragement in §12.65(a) to earn program income, the grantee or sub-grantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. (4) When acquiring replacement equipment, the grantee or sub-grantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency.

(d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements:


(1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the grantee or sub-grantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

(e) Disposition. When original or replacement equipment acquired under a grant or sub-grant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows:

(1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. (3) In cases where a grantee or sub-grantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or sub-grantee to take excess and disposition actions.

(f) Federal equipment. In the event a grantee or sub-grantee is provided Federally-owned equipment:

(1) Title will remain vested in the Federal Government. (2) Grantees or sub-grantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. (3) When the equipment is no longer needed, the grantee or sub-grantee will request disposition instructions from the Federal agency.


(g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards:

(1) The property shall be identified in the grant or otherwise made known to the grantee in writing. (2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow 12.72(e). (3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property.

5. SUPPLIES (43 CFR §12.73) (a) Title. Title to supplies acquired under a grant or sub-grant will vest, upon acquisition, in the grantee or sub-grantee respectively. (b) Disposition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate fair market value upon termination or completion of the award, and if the supplies are not needed for any other Federally sponsored programs or projects, the grantee or sub-grantee shall compensate the awarding agency for its share.

6. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the Recipient or a sub-Recipient, the Recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

7. AUDIT (31 U.S.C. 7501-7507) Non-Federal entities that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133. Federal awards are defined as Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through


entities. They do not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. Non-Federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in A-133, §___.215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO).

8. ENFORCEMENT (43 CFR §12.83) (a) Remedies for noncompliance. If a grantee or sub-grantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the circumstances:

(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or sub-grantee or more severe enforcement action by the awarding agency, (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance, (3) Wholly or partly suspend or terminate the current award for the grantee's or sub-grantee's program, (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available.

(b) Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or sub-grantee is entitled under any statute or regulation applicable to the action involved. (c) Effects of suspension and termination. Costs of grantee or sub-grantee resulting from obligations incurred by the grantee or sub-grantee during a suspension or after termination of an award are not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or sub-grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:

(1) The costs result from obligations which were properly incurred by the grantee or sub-grantee before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are non-cancellable, and, (2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.


(d) Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude grantee or sub-grantee from being subject to “Debarment and Suspension” under E.O. 12549 ((2 CFR 29.5.12 and 2 CFR 1400, Subpart C).

9. TERMINATION FOR CONVENIENCE (43 CFR §12.84) Except as provided in 43 CFR §12.83 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee or sub-grantee in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (b) By the grantee or sub-grantee upon written notification to the awarding agency, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either §12.83 or paragraph (a) of this section.

10. DEBARMENT AND SUSPENSION (2 CFR §1400) The Department of the Interior regulations at 2 CFR 1400—Governmentwide Debarment and Suspension (Non-procurement), which adopt the common rule for the governmentwide system of debarment and suspension for non-procurement activities, are hereby incorporated by reference and made a part of this Agreement. By entering into this grant or cooperative Agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 1400, Subpart C, and agrees to include a similar term or condition in all lower-tier covered transactions. These regulations are available at http://www.gpoaccess.gov/ecfr/.

11. DRUG-FREE WORKPLACE (2 CFR §182 and §1401) The Department of the Interior regulations at 2 CFR 1401—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) applicable to grants and cooperative agreements, are hereby incorporated by reference and made a part of this agreement. By entering into this grant or cooperative agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 182.

12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE


The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the Recipient in connection with this Agreement shall apply with full force and effect to this Agreement. All anti-discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, and cooperative Agreements, loans, and other forms of Federal assistance. The Recipient shall comply with Title VI or the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and nay program-specific statutes with anti-discrimination requirements. The Recipient shall comply with civil rights laws including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act. Such Assurances also include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and regulations and work place safety standards; Federal environmental laws and regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and archeological preservation.

13. COVENANT AGAINST CONTINGENT FEES The Recipient warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the Recipient for the purpose of securing Agreements or business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee

14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR §175.15) Trafficking in persons. (a) Provisions applicable to a recipient that is a private entity.

(1) You as the recipient, your employees, sub-recipients under this award, and sub-recipients' employees may not

(i) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (ii) Procure a commercial sex act during the period of time that the award is in effect; or (iii) Use forced labor in the performance of the award or subawards under the award.


(2) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a sub-recipient that is a private entity —

(i) Is determined to have violated a prohibition in paragraph a.1 of this award term; or (ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either

(A) Associated with performance under this award; or (B) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement),” as implemented by our agency at 2 CFR part 1400.

(b) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub-recipient that is a private entity—

(1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either

(i) Associated with performance under this award; or (ii) Imputed to the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement),” as implemented by our agency at 2 CFR part 1400.

(c) Provisions applicable to any recipient.

(1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. (2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:

(i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (ii) Is in addition to all other remedies for noncompliance that are available to us under this award.


(3) You must include the requirements of paragraph a.1 of this award term in any sub-award you make to a private entity.

(d) Definitions . For purposes of this award term:

(1) “Employee” means either:

(i) An individual employed by you or a sub-recipient who is engaged in the performance of the project or program under this award; or (ii) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

(2) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) “Private entity”:

(i) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (ii) Includes:

(A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (B) A for-profit organization.

(4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

15. NEW RESTRICTIONS ON LOBBYING (43 CFR §18) The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the following certification: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and 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. (b) 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. (c) The Recipient shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify 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 than $10,000 and not more than $100,000 for each such failure.

16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC § 4601 et seq.) (a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. § 4601 et seq., as amended,

requires certain assurances for Reclamation funded land acquisition projects conducted by a Recipient that cause the displacement of persons, businesses, or farm operations. Because Reclamation funds only support acquisition of property or interests in property from willing sellers, it is not anticipated that Reclamation funds will result in any “displaced persons,” as defined under the URA.

(b) However, if Reclamation funds are used for the acquisition of real property that results in

displacement, the URA requires Recipients to ensure that reasonable relocation payments and other remedies will be provided to any displaced person. Further, when acquiring real property, Recipients must be guided, to the greatest extent practicable, by the land acquisition policies in 42 U.S.C. § 4651.

(c) Exemptions to the URA and 49 CFR Part 24

(1) The URA provides for an exemption to the appraisal, review and certification rules for those land acquisitions classified as “voluntary transactions.” Such “voluntary transactions” are classified as those that do not involve an exercise of eminent domain


authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR § 24.101(b)(1)(i)-(iv).

(2) For any land acquisition undertaken by a Recipient that receives Reclamation funds, but does not have authority to acquire the real property by eminent domain, to be exempt from the requirements of 49 CFR Part 24 the Recipient must:

(i) provide written notification to the owner that it will not acquire the property in the event negotiations fail to result in an amicable agreement, and;

(ii) inform the owner in writing of what it believes to be the market value of the property

(d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land appraisal whether or not such review is required under the URA or 49 CFR § 24.104. Such reviews may be conducted by the Department of Interior’s Appraisal Services Directorate or a Reclamation authorized designee. When Reclamation determines that a review of the original appraisal is necessary, Reclamation will notify the Recipient and provide an estimated completion date of the initial appraisal review.

17. PATENTS AND INVENTIONS (37 CFR 401) The administrative standards set forth in OMB Circular A-102 and OMB Circular A-110, as implemented by 43 CFR 12.936(b), require recipients of agreements which support experimental, developmental, or research work to be subject to applicable regulations governing patents and inventions, including the government-wide regulations issued by the Department of Commerce at 37 CFR 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements. These regulations do not apply to any agreement made primarily for educational purposes. In accordance with 37 CFR 401.3(a), the provision at 37 CFR 401.14(a), with authorized modifications for the Bureau of Reclamation, is hereby included in this agreement: (a) Definitions

(1) Invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.). (2) Subject invention means any invention of the recipient conceived or first actually reduced to practice in the performance of work under this agreement, provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of agreement performance.


(3) Practical Application means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms. (4) Made when used in relation to any invention means the conception or first actual reduction to practice of such invention. (5) Small Business Firm means a small business concern as defined at section 2 of Public Law. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this provision, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be used. (6) Nonprofit Organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation under section 501(a) of the Internal Revenue Code (25 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.

(b) Allocation of Principal Rights. The Recipient may retain the entire right, title, and interest throughout the world to each subject invention subject to this provision and 35 U.S.C. 203. With respect to any subject invention in which the Recipient retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. (c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient

(1) The Recipient will disclose each subject invention to the Bureau of Reclamation within two months after the inventor discloses it in writing to Recipient personnel responsible for patent matters. The disclosure to the Bureau of Reclamation shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the Bureau of Reclamation, the Recipient will promptly notify the Bureau of Reclamation of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient. (2) The Recipient will elect in writing whether or not to retain title to any such invention by notifying the Bureau of Reclamation within two years of disclosure to the Bureau of Reclamation. However, in any case where publication, on sale or public use has initiated the


one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the Bureau of Reclamation to a date that is no more than 60 days prior to the end of the statutory period. (3) The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. The Recipient will file patent applications in additional countries or international patent offices within either ten months of the corresponding initial patent application or six months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) Requests for extension of the time for disclosure, election, and filing under subparagraphs (1), (2), and (3) may, at the discretion of the Bureau of Reclamation, be granted.

(d) Conditions When the Government May Obtain Title. The Recipient will convey to the Bureau of Reclamation, upon written request, title to any subject inventions

(1) If the Recipient fails to disclose or elect title to the subject invention within the times specified in (c), above, or elects not to retain title; provided that the Bureau of Reclamation may only request title within 60 days after learning of the failure of the Recipient to disclose or elect within the specified times. (2) In those countries in which the Recipient fails to file patent applications within the times specified in (c) above; provided, however, that if the Recipient has filed a patent application in a country after the times specified in (c) above, but prior to its receipt of the written request of the Bureau of Reclamation, the Recipient shall continue to retain title in that country. (3) In any country in which the Recipient decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

(e) Minimum Rights to Recipient and Protection of the Recipient Right to File

(1) The Recipient will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the Recipient fails to disclose the invention within the times specified in (c), above. The Recipient's license extends to its domestic subsidiary and affiliates, if any, within the corporate structure of which the Recipient is a party and includes the right to grant sublicenses of the same scope to the extent the Recipient was legally obligated to do so at the time the agreement was awarded. The license is transferable only with the approval of the Bureau of Reclamation except when transferred to the successor of that party of the Recipient's business to which the invention pertains.


(2) The Recipient's domestic license may be revoked or modified by the Bureau of Reclamation to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR part 404 and Bureau of Reclamation licensing regulations (if any). This license will not be revoked in that field of use or the geographical areas in which the Recipient has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the Bureau of Reclamation to the extent the Recipient, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3) Before revocation or modification of the license, the Bureau of Reclamation will furnish the Recipient a written notice of its intention to revoke or modify the license, and the Recipient will be allowed thirty days (or such other time as may be authorized by the Bureau of Reclamation for good cause shown by the Recipient) after the notice to show cause why the license should not be revoked or modified. The Recipient has the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and Bureau of Reclamation regulations (if any) concerning the licensing of Government owned inventions, any decision concerning the revocation or modification of the license.

(f) Recipient Action to Protect the Government's Interest

(1) The Recipient agrees to execute or to have executed and promptly deliver to the Bureau of Reclamation all instruments necessary to

(i) establish or confirm the rights the Government has throughout the world in those subject inventions to which the Recipient elects to retain title, and (ii) convey title to the Bureau of Reclamation when requested under paragraph (d) above and to enable the government to obtain patent protection throughout the world in that subject invention.

(2) The Recipient agrees to require, by written agreement, its employees, other than clerical and non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient each subject invention made under agreement in order that the Recipient can comply with the disclosure provisions of paragraph (c), above, and to execute all papers necessary to file patent applications on subject inventions and to establish the government's rights in the subject inventions. This disclosure format should require, as a minimum, the information required by (c)(1), above. The Recipient shall instruct such employees through employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3) The Recipient will notify the Bureau of Reclamation of any decisions not to continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or


opposition proceeding on a patent, in any country, not less than thirty days before the expiration of the response period required by the relevant patent office. (4) The Recipient agrees to include, within the specification of any United States patent applications and any patent issuing thereon covering a subject invention, the following statement, ``This invention was made with government support under (identify the agreement) awarded by (identify the Federal agency). The government has certain rights in the invention.''

(g) Subcontracts. The Recipient will include this provision, suitably modified to identify the parties, in all sub-agreements or subcontracts, regardless of tier, for experimental, developmental or research work. The sub-recipient or subcontractor will retain all rights provided for the Recipient in this provision, and the Recipient will not, as part of the consideration for awarding the sub-agreement or subcontract, obtain rights in the sub-recipient's or subcontractor's subject inventions. (h) Reporting on Utilization of Subject Inventions. The Recipient agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the Recipient or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Recipient, and such other data and information as the Bureau of Reclamation may reasonably specify. The Recipient also agrees to provide additional reports as may be requested by the Bureau of Reclamation in connection with any march-in proceeding undertaken by the Bureau of Reclamation in accordance with paragraph (j) of this provision. As required by 35 U.S.C. 202(c)(5), the Bureau of Reclamation agrees it will not disclose such information to persons outside the government without permission of the Recipient. (i) Preference for United States Industry. Notwithstanding any other part of this provision, the Recipient agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject inventions in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Bureau of Reclamation upon a showing by the Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. (j) March-in Rights. The Recipient agrees that with respect to any subject invention in which it has acquired title, the Bureau of Reclamation has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the Bureau of Reclamation to require the Recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the Recipient,


assignee, or exclusive licensee refuses such a request the Bureau of Reclamation has the right to grant such a license itself if the Bureau of Reclamation determines that:

(1) Such action is necessary because the Recipient or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use. (2) Such action is necessary to alleviate health or safety needs, which are not reasonably satisfied by the Recipient, assignee or their licensees; (3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the Recipient, assignee or licensees; or (4) Such action is necessary because the agreement required by paragraph (i) of this provision has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.

(k) Special Provisions for Agreements with Nonprofit Organizations. If the Recipient is a nonprofit organization, it agrees that:

(1) Rights to a subject invention in the United States may not be assigned without the approval of the Bureau of Reclamation, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Recipient; (2) The Recipient will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Bureau of Reclamation deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 CFR 401.10; (3) The balance of any royalties or income earned by the Recipient with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention that are small business firms and that it will give a preference to a small business firm when licensing a subject invention if the Recipient determines that the small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business firms; provided, that the Recipient is also satisfied that the small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Recipient. However, the Recipient agrees that the Bureau of Reclamation may review the Recipient's licensing program and decisions regarding small business applicants, and the Recipient will negotiate changes to its licensing policies, procedures, or practices with the


Bureau of Reclamation when this review discloses that the Recipient could take reasonable steps to implement more effectively the requirements of this paragraph (k)(4).

(l) Communication. Communications regarding matters relating to this provision shall be directed to the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of the Solicitor, U.S. Department of the Interior, Washington, DC 20240.

18. COPYRIGHTS (43 CFR 12.74) The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant; and (b) Any rights of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support.

19. RIGHTS TO DATA The Federal Government has the right to obtain, reproduce, publish or otherwise use the data first produced under an award; and authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

20. CENTRAL CONTRACTOR REGISTRATION AND UNIVERSAL IDENTIFIER REQUIREMENTS (2 CFR 25, APPENDIX A) A. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make sub-awards under this award, you:

1. Must notify potential sub-recipients that no entity (see definition in paragraph C of this award term) may receive a sub-award from you unless the entity has provided its DUNS number to you.


2. May not make a sub-award to an entity unless the entity has provided its DUNS number to you.

C. Definitions For purposes of this award term:

1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.gov).

2. Data Universal Numbering System (DUNS) number means the nine-digit number

established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866–705–5711) or the Internet (currently at http://fedgov.dnb.com/webform).

3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a sub-recipient under an award or sub-award to a non-

Federal entity.

4. Sub-award:

a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible sub-recipient.

b. The term does not include your procurement of property and services needed to carry

out the project or program (for further explanation, see Sec. ll.210 of the attachment to OMB Circular A–133, ‘‘Audits of States, Local Governments, and Non-Profit Organizations’’).

c. A sub-award may be provided through any legal agreement, including an agreement

that you consider a contract.

5. Sub-recipient means an entity that:

a. Receives a sub-award from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward.


21. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009 (ref: http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government.


Attachment 1

Agreement No.

Cooperative Agreement Between

Bureau of Reclamation And

The City of San Angelo For

Assistance in Fencing Critical Areas of the San Angelo Project

The Operations Department of the City has estimated the cost of constructing and installing 29,060 feet of pipe railing with 18 gates will be $150,883.00. The estimated cost breakdown is as follows: Materials Estimated Cost 18 heavy-duty gates $36,000 28,560 ft 2-3/8 inch pipe rail $25,133 165 gallons primer/sealer $4,125 Concrete $12,000 Welding supplies $1,500 Misc. supplies $1,000 500Ft 3-1/2 inch pipe $ 825 Dozer rental $4,800 Skid steer rental $2,500 Total equip/supply costs $87,833 Estimated Labor 4,500 hours x $14/hour) $63,000 Total Project cost $150,833

City of San Angelo

Purchasing Division

Memo Date: April 15, 2011


From: Roger S. Banks, Purchasing Manager

Subject: Consent Agenda Item for April 19, Council Meeting

Contact: Roger S. Banks, Purchasing Manager, 657-4220

Caption: Consent Item

Consideration of adopting a resolution of the City Council of the City of San Angelo authorizing the City Manager or his designee to negotiate and execute an interlocal agreement with Harris County Department Of Education, which sponsors Choice Facility Partners,, and authorizing the City Manager or his designee to make use of the system for approved purchases.

Summary: Approval of this resolution and agreement will allow the City of San Angelo to participate in a cooperative purchasing group, Choice Facility Partners, with other municipalities, county governments, and school districts. History: The State of Texas Government Code, Section 271 has given municipalities the authority to participate in cooperative purchasing programs to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state. Furthermore, a local government that purchases goods or services from authorized purchasing co-ops satisfies the state law requiring the local government to seek competitive bids. Staff has verified that Choice Partners has properly followed the State’s Purchasing laws for formally advertising bids, as well as accepting and awarding bids. Purchasing Co-ops assist local governments, by pooling procurement resources, meeting the needs of the participants through volume purchasing and by reducing the cost and time associated with individual purchasing procedures. The City of San Angelo currently participates in several purchasing co-ops including:

• Buyboard.com. • The Cooperative Purchasing Network (TCPN), • Houston Galveston Area Council of Governments (HGAC), • The Interlocal Purchasing System (TIPS), • Texas Department of Information Resources (DIR), and • U.S. Communities,

of 2

y:\purchasing co-ops\harris county dept of education\background memo-revised.docx

Choice Facility Partners, sponsored by Harris County Department Of Education, is located in Houston Texas and is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the States of Texas. They offer a wide variety competitive bid services and products to the membership. Financial Impact: There is no cost relating to membership or purchasing administrative fees associated with membership. Purchasing co-ops are beneficial to the taxpayers through the anticipated savings to be realized through, volume purchasing as well as the time associated with producing formal competitive bids.

Other Information/Recommendation: Staff recommends approval. Attachments: Resolution and Inter-local Agreement. Reviewed by Director: Michael Dane, Finance Director

Municipality Master Service Interlocal Contract Page 1 of 4 Updated 06/23/09

Municipality Master Service Interlocal Contract Between Harris County Department of Education & City of San Angelo

Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract (“Contract”) is made and entered into by and between the Harris County Department of Education (“HCDE”), located in Houston, Texas, and City of San Angelo (“CITY”), located in San Angelo, Texas for the purpose of providing services.

Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and CITY desire to set forth, in writing, the terms and conditions of their agreement.

General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Term. This Contract is effective from the date of the last signature and shall automatically

renew unless either party gives thirty (30) days prior written notice of non- renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8.

2. Agreement. The terms of this Contract shall apply and will be considered a part of any

Addendum for programs and services delivered by HCDE. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing.

3. Purpose and Scope of Work.

A. HCDE agrees to: § Provide CITY with subsequent independent contracts and/or descriptive offerings of

each of the programs and services that HCDE provides through its respective divisions. § Provide services upon the submission of independent contracts or purchase orders

within the HCDE divisions. § Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the

programs.

B. CITY agrees to: § Participate in any or all of the services that HCDE has to offer. § Submit purchase order(s) or independent contract(s) for each of the programs it wishes

to purchase and/or collaborate. § Agree to follow the terms and conditions of each independent contract or purchase

orders for each of the programs.


§ Assign the appropriate person to act as representative to each respective program delivered.

4. As is. HCDE makes this Contract available to HCDE participating entities “as is” and are

under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY.

5. Assignment. Neither this Contract nor any duties or obligations entered in subsequent

contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties.

6. Conflict of Interest. During the Term of HCDE’s service to CITY, CITY, its personnel and

agents, shall not, directly or indirectly, whether for CITY’s own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE.

7. Contract Amendment. This Contract may be amended only by the mutual agreement of all

parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other

shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows:

Harris County Department of Education City of San Angelo Attn: John E. Sawyer, Ed.D. Attn: Roger S. Banks County School Superintendent Title: Purchasing Division Manager 6300 Irvington Blvd. Address 1: P.O. Box 1751 Houston, Texas 77022 Address 2: San Angelo, Texas 76902-1752 713-694-6300 Phone: 325-657-4220 Email: [email protected]

9. Relation of Parties. It is the intention of the parties that CITY is independent of HCDE and

not an employee, agent, joint venturer, or partner of HCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and CITY or HCDE and any of CITY’s agents.

10. Non-Exclusivity of Services. Nothing in this Contract may be construed to imply that

HCDE has exclusive right to provide CITY these services. During the Term of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of HCDE.

11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as

follows: § By CITY upon 30 days notice if the work/service is not provided in a satisfactory

and proper manner after a remedy has been reported and discussed; § By mutual written agreement of the parties, upon thirty (30) days prior notice; or


§ By either party immediately if the other party commits a material breach any of the

terms of this Contract and no remedial action can be agreed upon by the parties.

12. Master Contract. This Contract can be utilized as the master Contract. The general terms and conditions in this Contract will serve to outline the working relationship between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of the following programs and/or services with no charge from HCDE: Choice Facility Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing Services and Fuel Cooperative.

The CITY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and/or services provided by HCDE requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern.

13. Severability. In the event that any one or more of the provisions contained in this Contract

shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it.

14. Governing Law and Venue. This Contract shall be governed by and construed in

accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Tom Green County, County, Texas.

15. Authorization. Each party acknowledges that the governing body of each party to the

Contract has authorized this Contract. 16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions hereof,

not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto.

17. Applicable Federal, State and Local Statutes. The Parties agree to comply fully with all

applicable federal, state, local statutes, ordinances, rules and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs.

Municipality Master Service Interlocal Contract Page 4 of 4 Updated 06/23/09 y:\purchasing co-ops\harris county dept of education\municipality master service interlocal contract-draft 2.docx

In witness whereof, HCDE and CITY have executed this Contract to be effective on the date specified in Article 1. Term above: San Angelo Texas Harris County Department of Education Name of City Authorized Signature John E. Sawyer, Ed. D. Printed Name County School Superintendent Title Date Date

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, SAN ANGELO, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY DEPARTMENT OF EDUCATION, WHICH SPONSORS CHOICE FACILITY PARTNERS, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; AND DESIGNATING THE CITY MANAGER AS OFFICIAL REPRESENTATIVE OF THE CITY OF SAN ANGELO RELATING TO THE PROGRAM.

WHEREAS, the City Council of the City of San Angelo has been presented a proposed Interlocal Agreement by and between Harris County Department of Education, and the City of San Angelo and found to be acceptable and in the best interests of the City of San Angelo and its citizens, are hereby in all things approved. WHEREAS, the City of San Angelo of San Angelo, Texas, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by Harris County Department of Education, and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, SAN ANGELO, TEXAS: Section I. The Terms and conditions of the agreement having been reviewed by the City Council of the City of San Angelo and found to be acceptable and in the best interests of the City of San Angelo and its citizens are hereby in all things approved. Section II. The City Manager of the City of San Angelo under the direction of the City Council of the City of San Angelo is hereby designated to act for the City of San Angelo in all matters relating to Harris County Department of Education including the designation of specific contracts in which the City of San Angelo desires to participate. Section III. This resolution shall become effective from and after its passage. APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ City Attorney Lysia H. Bowling Roger Banks, Purchasing Manager This legal document will remain current on file until either party severs the agreement.

FD Mutual Aid Agreement with GFAB 11 cvr Page 1 of 1

City of San Angelo



From: Brian Dunn, Fire Department

Subject: Agenda Item for April 19th Council Meeting

Contact: Brian Dunn, Fire Department, 657-4355


Consideration of Mutual Aid Agreement with Goodfellow

Summary: This is a Mutual Aid Agreement with Goodfellow Air Force Base concerning hazardous material and Weapons of Mass Destruction. There has been an agreement between the City of San Angelo and Goodfellow for many years and this is a continuation of that agreement. The agreement is good for a one year period. History: City renews contract with Goodfellow each year.

Financial Impact: There is no financial impact. Related Vision Item (if applicable): None Other Information/Recommendation: Fire Department recommends approval. Attachments: Mutual Aid Agreement Presentation: None Publication: None Reviewed by Service Area Director: Brian Dunn, Fire Department, 3/28/2011

AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE (US)

This agreement, entered into this first day of May 2011 and renewable on the thirtieth day of April 2012, between the Secretary of the Air Force acting pursuant to the authority of 42 U.S.C. 1856a and the City of San Angelo, Texas, is securing to each the benefits of mutual aid in fire prevention and hazardous materials incident response, to include weapons of mass destruction, in the protection of life and property from fire, hazardous materials incident and in fire fighting. Requests will be made when the situations exceeds the capabilities of the primary party. It is agreed that:

a. On request to a representative of Goodfellow Air Force Base Fire Department by a representative of the City of San Angelo Fire Department, fire fighting equipment and personnel of Goodfellow Air Force Base Fire Department will be dispatched to any point within the area for which the City of San Angelo Fire Department normally provides fire protection or hazardous materials incident response as designated by the representatives of the City of San Angelo Fire Department.

b. On request to a representative of the City of San Angelo Fire Department by a representative of

Goodfellow Air Force Base Fire Department, fire fighting equipment or hazardous materials incident response and personnel of the City of San Angelo Fire Department will be dispatched to any point within the fire fighting or hazardous materials incident response jurisdiction of the Goodfellow Air Force Base as designated by the representative of Goodfellow Air Force Base Fire Department.

c. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following

conditions:

(1) The department requesting assistance will provide notification to the requested agency of any hazardous materials that may be present at the site to which they are responding.

(2) Permission for fire equipment and personnel to leave the base must first be obtained from

the Mission Support Group Commander, Vice Wing Commander or Wing Commander. The approval authority for mutual aid response off-base shall not be delegated below the Mission Support Group Commander level.

(3) Any request for aid hereunder shall include a statement of the amount and type of

equipment and personnel requested and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and the number of personnel to be furnished shall be determined by a representative of the responding organization.

(4) The responding organization's fire officer shall report to the officer in charge of the

requesting organization at the location to which the equipment is dispatched, but shall remain under the direction and control of the responding senior fire officer on site.

(5) A responding organization shall be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection.

(6) In the event of a crash of aircraft owned or operated by the United States or military

aircraft of any foreign nation within the area for which the City of San Angelo Fire Department normally provides fire protection, the chief of Goodfellow Air Force Base Fire Department or his or her representative may assume full command on arrival at the scene of the crash.

d. The United States Air Force may claim reimbursement for the direct expenses and losses that are

additional fire fighting or hazardous materials incident costs above the normal operating costs incurred while fighting a fire or hazardous materials incident response under this agreement as provided in 42 U.S.C. 1856a(a)

e. The San Angelo Fire Department may claim reimbursement for the direct expenses and losses

that are additional fire fighting or hazardous materials incident costs above the normal operating costs incurred while fighting a fire or hazardous materials incident response under this agreement as provided in 44 C.F.R., Part 151.

f. Each party waives all claims against every other party for compensation for any loss, damage,

personal injury or death occurring as a consequence of the performance of this agreement. This provision does not waive any right of reimbursement pursuant to paragraph (d) and (e) above.

g. All equipment used by the City of San Angelo Fire Department in carrying out this agreement

will, at the time of action hereunder, be owned by it; and all personnel acting for the City of San Angelo Fire Department under this agreement will, at the time of such action, be an employee or volunteer member of the City of San Angelo Fire Department.

FOR THE CITY OF SAN ANGELO, TEXAS FOR THE SECRETARY OF THE AIR FORCE _______________________________ _________________________________ Harold Dominguez Thomas W. Geary City Manager Colonel, USAF Commander ATTEST: _______________________ Alicia Ramirez, City Clerk Approved as to Content: Approved at to Form: _______________________ _______________________ Brian Dunn, Fire Chief Lysia Bowling, City Attorney


BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1. THAT, Appendix A, Article 8.000, Section 8.200 (a)(1) of the Code of Ordinances, City of San Angelo, Texas, be amended by deleting the Miles water rate which reads:

“1,000 gallons and up $0.86”

2. THAT, the following severability clause is adopted with this amendment:

SEVERABILITY:

That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 3. THAT, this Ordinance shall be effective on and after the 1st day of May, 2011.

INTRODUCED on the 5th day of April, 2011 and finally PASSED, APPROVED and

ADOPTED on the 19th day of April, 2011. CITY OF SAN ANGELO BY: _________________________ Alvin New, Mayor ATTEST: _____________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ _____________________________ Will Wilde, Director of Lysia H. Bowling, City Attorney Water Utilities Department

City of San Angelo



From: Will Wilde, Water Utilities Director

Subject: Agenda Item for April 5 and April 19, 2011 Council Meeting

Contact: Will Wilde, Water Utilities Director, 657-4209

Caption: First Public Hearing and consideration of introduction of an Ordinance repealing the Miles water rate

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THE EXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

Summary: The proposed amendment would delete from the water rate schedule the usage rate for water sold to the City of Miles. Beginning April 1, 2011, the City will no longer be treating and delivering water to Miles. History: The City of Miles has a contract with the Upper Colorado River Authority (UCRA) for the purchase of treated water. The UCRA has a contract with the City of San Angelo to treat and deliver water to a master meter point after which the UCRA will deliver the water to Miles.

Financial Impact: None. The City will bill the UCRA for the cost to treat and deliver water. Related Vision Item (if applicable): N/A

Other Information/Recommendation: It is recommended the Ordinance amending the rate schedule be approved. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 23, 2011.

City of San Angelo Finance Department



From: Bryan Kendrick, Budget Analyst, Sr.


Contact: Bryan Kendrick, Budget Analyst, Sr. 657-4211

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for capital projects and new projects

Summary: This proposed amendment contains the following items (additional information attached):

City of San Angelo Operating Budget • Landfill Closure/Post closure cost Reserve • National Reined Cow Horse Association’s 2011 Celebration of Champions • Customs Building – Repairs & Improvements • Neighborhood Blitz • Low Income Housing Credits (LIHTC) Project • Code Enforcement Mower and Trailer • Visitor’s Center – Fountain Repair • Voter Approved (Sales Tax) Projects

History: See attached Budget Amendment Request memorandums.

Financial Impact: (see attached detail on Exhibit A of the Ordinance)

COSA Operating Budget expenditure $ 21,662,156

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City’s budget for fiscal year 2010-2011 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 5th day of April, 2011, and APPROVED and ADOPTED on this the 19th day of April, 2011.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue

Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

COSA Operating Budget

101 General Fund 3,590,000 0 3,590,000 103 Intergovernmental Fund 128,722 128,722 0 220 Airport Fund 0 24,700 (24,700) 262 Debt Svc Res– Water 0 790,000 (790,000) 272 Debt Svc Res- Wastewater 0 2,800,000 (2,800,000) 453 CDBG 60,000 60,000 0 483 2011 HOME 124,000 124,000 0 501 Equipment Replacement 17,484 17,484 0 601 Designated Revenue 2,250 2,250 0 5XX 2011 C.O. 18,000,000 18,000,000 0

Totals 21,922,456 21,947,156 (24,700)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

Fund Balance

75 Day Fund

Balance Goal

Landfill Closure/Post Closure Costs Reserve Debt Svc Res Funds 262 & 272 3,590,000 3,590,000 0

Fund Balances

National Reined Cow Horse Association's

2011 Celebration of Champions State Grant 128,722 128,722 0

Customs Building – Repairs & Improvements Airport Fund - Fund Balance 0 24,700 (24,700) 413,208 304,938

Neighborhood Blitz City of San Angelo

Development Corporation

60,000 60,000 0

Low Income Housing Credits (LIHTC) Project Home Funds 124,000 124,000 0

Code Enforcement Mower and Trailer

Code Violation Fees 17,484 17,484 0

Visitor's Center Fountain Repair San Angelo Health

Foundation – Reimbursement 2,250 2,250 0

Voter Approved (Sales Tax) Projects

Bond Issue (1/2 Cent Sales Tax Revenue) 18,000,000 18,000,000 0

City of San Angelo

Memo To: Michael Dane, Director of Finance

From: Bryan Kendrick, Budget Analyst Sr.

Date: April 15, 2011

Re: Budget Amendment Request

Purpose of Budget Amendment Request:

Transfer excess Debt Reserve Funds (Funds 262 and 272) Fund Balances to cover the Landfill Closure and Post Closure Care Costs Reserve.

Source of Funding:

Debt Reserve Funds (Funds 262 and 272) Fund Balances

Funding previously approved? If so, by City Manager or City Council and when?

Project/Budget to be amended Original Budget Proposed Change Proposed

Revised Budget

Fund 262 – transfer out 790000

Fund 272 – transfer out 2800000

Fund 101 – transfer in 3590000

Additional Comments:

City of San Angelo

Memo To: Michael Dane, Director of Finance

From: Bryan Kendrick, Budget Analyst Sr.

Date: April 15, 2011

Re: Budget Amendment Request

Purpose of Budget Amendment Request:

Voter Approved Projects

Source of Funding:

½ Cent Sales Tax Revenue

Funding previously approved? If so, by City Manager or City Council and when?

Project/Budget to be amended Original Budget Proposed Change Proposed

Revised Budget

Concho River 8,500,000

Auditorium 3,750,000

Sports & Athletic Facilities 2,675,000

Fort Concho Improvements 100,000

Fairgrounds/50th Street 1,000,000

Airport 500,000

City Parks 1,250,000

Contingency, issue costs, etc. 225,000

Bond Sale & Interest revenue 18,000,000

Additional Comments:

City of San Angelo

Memo Date: 4/6/11


From: Finance Department, Michael Dane

Subject: Agenda Item for (4/19/11) Council Meeting

Contact: Michael Dane, Finance Department, Phone# 657-4268

Caption: Regular Item

Consider adoption of a resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation.

Summary: Adopt a resolution for the issuance of debt for costs of projects. Projects include: Concho River, Sports and Recreational facilities, San Angelo fair grounds, City Auditorium, Airport, City Parks, and Fort Concho Improvements. All of these projects are associated with the Development Corporation Phase III.

More detail is listed in the attached resolution and Development Corporation worksheet.

History: None

Financial Impact: Debt service obligation associated with issuance. Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of resolution thus allowing expenditure reimbursements with debt issuance. Attachments: 2011 Notice Resolution and Phase three planning worksheet. Presentation: No special equipment is required. Michael Dane will present additional information on

this resolution if required. Publication: Two public notices will be posted in the newspaper of intent to issue debt associated

with the above projects. Reviewed by Service Area Director: Michael Dane, Finance, 4/6/11

RESOLUTION NO. ______

RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENT OF THE CITY OF SAN ANGELO TO ISSUE COMBINATION TAX AND REVENUE

CERTIFICATES OF OBLIGATION

THE STATE OF TEXAS § COUNTY OF TOM GREEN § CITY OF SAN ANGELO §

WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of obligation of the City of San Angelo, Texas, as hereinafter provided; and

WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:

1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and approved.

2. The City Clerk shall cause said notice to be published in substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the issuance of such certificates of obligation as shown in said notice.

3. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO, TEXAS

Attest: Alvin New, Mayor Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Content: Leroy Grawunder, Jr. Michael Dane, Finance Director McCall, Parkhurst & Horton L.L.P.

CITY OF SAN ANGELO NOTICE OF INTENTION TO ISSUE

COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION

The City of San Angelo, Texas, does hereby give notice of intention to issue interest bearing combination tax and revenue certificates of obligation, in one or more series, in a principal amount not to exceed $18,000,000, for paying all or a portion of the City's contractual obligations incurred in connection with

(i) constructing, installing and equipping public park improvements, including trail improvements and Concho River bank stabilization and dredging;

(ii) renovating, improving, expanding, equipping and furnishing the municipal auditorium;

(iii) constructing, improving and equipping sports and athletic facilities, including ball fields and aquatic facilities, and the acquisition of land and interests in land for such facilities;

(iv) constructing, installing and equipping additions and improvements to the Fort Concho National Historical Landmark, including professional fees for study and design of the Visitors' Center;

(v) constructing, installing and equipping improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure;

(vi) renovating, improving and equipping City administrative offices at the municipal airport; and

(vii) legal, fiscal, design and other professional fees in connection with such projects

The City proposes to provide for the payment of such combination tax and revenue certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from limited surplus revenues of the City's waterworks and sewer system remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks and sewer system. The City Council tentatively proposes to consider and adopt, at a regular meeting to be held at 9:00 A.M. on June 7, 2011, an ordinance authorizing the issuance and sale of the combination tax and revenue certificates of obligation at the McNease Convention Center, 500 Rio Concho Drive, City Council Chambers, San Angelo, Texas.

City of San Angelo, Texas

City of San Angelo



From: Brian Dunn, Fire Department


Contact: Brian Dunn, Fire Department, (325) 657-4355


Consideration of First Public hearing to Introduce an Ordinance Amending Fire Department Classified Positions Specifically Driver

Summary: The San Angelo Fire Department currently has 66 drivers’ positions. During budget discussion last year the question was asked why we have what amounts to 2 drivers for each fire apparatus. The reason the fire department has this many drivers is because of taking over EMS in 1979. The administration at the time didn’t know how to deal with the ambulances and promoted a lot of people to driver.

I know of no other fire department anywhere that has more than 1 driver per fire apparatus. Fire departments that also have the ambulance service have firefighters driving the ambulances. We started doing this about 2 years ago and it works well.

The idea is to reduce the amount of drivers from 66 to 33 through attrition. We will in turn go from 62 to 95 firefighters as we replace drivers. The total personnel numbers will remain the same.

The savings from reducing the number of personnel in the driver position and reallocating them as firefighters will be in the $390,000 range. It will probably take 5 years to get down to 33 drivers through attrition.

We propose to use some of these saving to increase the ambulance assignment pay. We propose raising the assignment pay to $75 per shift as of January 1, 2012 and to $100 per shift once 16 drivers positions have been eliminated through attrition.

The cost of raising this assignment pay will be offset from the reduction of the number of drivers. The cost to raise the assignment pay to $100 per shift is $182,500. This cost will be covered once we have reduced the driver number by 16. This will leave in excess of $200,000 once the final number is reached. We would ask that the balance of the savings be used to correct the short coming with the longevity plan as it is saved through attrition.

History: N/A

Financial Impact: NO ADDITIONAL COSTS… BUT FUNDS ARE REALLOCATED WITHIN THE BUDGET

Related Vision Item

(if applicable):

N/A

Other Information/ Staff recommends approval.

Recommendation:

Attachments: FD Fire Fighter Positions ORD.doc

Presentation: By Chief Dunn

Publication: N/A


Chief Dunn on 4/6/2011

Approved by Legal: 2/15/11

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 DECREASING THE NUMBER OF FIRE ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING THE NUMBER OF FIRE FIGHTER FROM SIXTY-TWO (62) TO NINETY-FIVE (95), SAID CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 2, Article 2.1500, Section 2.1502, Paragraph (b), Subparagraph (1)(A), of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended to read as follows:

Sec. 2.1502 Classification Plan (b) Staffing Levels – The following is the authorized number of positions for the Fire and Police Departments: (1) (A) Fire Department

-Fire Chief 1 -Assistant Chief 2 -Battalion Chief 4 -Fire Captain 12, effective 4-1-06 -Fire Lieutenant 18, effective 4-1-06 -Fire Engineer (or Driver) 33, effective 5-3-11 -Fire Fighter 95, effective 5-3-11

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY:

That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT, this Ordinance shall be effective on, from and after the dates specified in Subparagraph (1) through attrition.

INTRODUCED on the ___ day of _______________, 2011, and finally PASSED,

APPROVED and ADOPTED on this the ____ day of _______________, 2011.

CITY OF SAN ANGELO ATTEST: BY:

Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney

City of San Angelo



From: Shawn Lewis, Director of Community & Economic Development


Contact: Shawn Lewis or AJ Fawver, 657-4210


First reading of an ordinance amending Chapter 10, Article 10.100 entitled “Parking Restricted in Residential Districts,” Section 10.1005 entitled “Exceptions,” of the Code of Ordinances, City of San Angelo, Texas, by amending Section 10.1005 and adding Subsection 10.1005(5) to the list of exceptions allowed from the general prohibition on parking trailers, semi-trailers, pole trailers, commercial vehicles, truck tractors and recreational vehicles on a street or lot in a residential district; providing for severability and providing for an effective date

Summary: In March, Councilman Silvas contacted me regarding a local home remodeling contractor who had narrowly avoided being issued a citation by the San Angelo Police Department for having his contractor trailer on the street in a residential area. After checking the Code of Ordinances and asking a handful of staff members about the City’s Parking Restriction policy, it became clear that City staff was not aware of a prohibition of contractor trailers in active use at a residence that is under construction or remodeling. Councilman Silvas asked staff to modify the ordinance to allow contractor trailers in residential areas.

History: The attached ordinance amendment allows contractors who are actively engaged in work at a residence to park their trailers on the street in front of the property at which they are working. The only limitation on contractor trailers is that trailers may not be parked overnight and must have their business name and phone number clearly displayed on the trailer (this requirement already exists in the San Angelo Building Code).

This amendment does not change provisions in the current ordinance which prohibit 18-wheelers, livestock trailers, RVs, personal utility trailers (like a homeowner’s flatbed trailer), etc. This change only allows trailers in use by contractors at the property where work is being performed.

Financial Impact: N/A

Related Vision Item

(if applicable):

N/A

Other Information/ Recommendation:

Staff recommends approval of the attached ordinance amendment.

Attachments: Proposed ordinance amendment

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:


Shawn Lewis

Approved by Legal: Yes

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS ALLOWED FROM THE GENERAL PROHIBITION ON PARKING TRAILERS, SEMI-TRAILERS, POLE TRAILERS, COMMERCIAL VEHICLES, TRUCK TRACTORS AND RECREATIONAL VEHICLES ON A STREET OR LOT IN A RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the governing body for the City of San Angelo, in compliance with

the charter and the state law with reference to ordinance amendments, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all persons interested, generally, is of the opinion that amendment to the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 10, Section 10.1005 of the Code of Ordinances, City of San Angelo, Texas, is hereby amended insofar as an addition to allowed “Exceptions” to read as follows: SECTION 10.1005 Exceptions, Subsection (5)

(5) Any trailer (including semi-trailers designed to be towed by pick-up truck and not a truck tractor) of a contractor performing work in a residential district, while said contractor is engaged in performing such work, and subject to all the following conditions:

(A) The trailer (or semi-trailer designed to be towed by pick-up truck and

not a truck tractor) must be in use by either of the following:

(i) A lawn mowing, landscaping, painting, masonry, insulation, carpentry or other such contractor engaged in building or grounds maintenance and improvement, not required to be registered with the City of San Angelo under the terms of Section 4.205 in this Code of Ordinances. Trailers (including semi-trailers designed to be towed by a pick-up truck and not a truck tractor) in use by such contractors shall clearly have the name of the contracting business or service, as well as an appropriate telephone number for that business or service,

displayed on the vehicle itself or on a sign placed on the vehicle and clearly visible from the public right-of-way.

(ii) A building- or grounds-related contractor required to be registered with the City of San Angelo, under terms of Section 4.205 in this Code of Ordinances. Contractors required to be so registered include but are not limited to general contractors, building contractors, electrical contractors, mechanical contractors, plumbing contractors, roofing contractors, fence contractors, sign contractors, irrigation contractors, water treatment installers, and building maintenance personnel. Trailers (including semi-trailers designed to be towed by pick-up trucks and not a truck tractor) in use by Registered Contractors shall clearly have displayed the Registered Contractor Number preceded by or beneath the words “Registered Contractor” or the letters “RC” on the vehicle itself or on a sign placed on the vehicle and clearly visible from public right-of-way. Contractors otherwise required to maintain a license with the State of Texas and display a license number on their trailer or semi-trailer are exempt from the requirements of this subparagraph (A) (ii).

(B) The trailer (or semi-trailer designed to be towed by pick-up truck and

not a truck tractor) is parked only between the hours of 6:00 a.m. and 10:00 p.m., unless that trailer or semi-trailer is parked on private property and not in public right-of-way for a street or alley. If on private property, the contractor’s trailer or semi-trailer may be parked continuously, so long as the contractor remains engaged in performing work there.

(C) If on public right-of-way for a street or alley in a residential district, a

contractor’s trailer (or semi-trailer designed to be towed by pick-up truck and not a truck tractor) shall be parked:

(i) immediately adjacent to the curb or edge of improved driving

surface on a street directly adjoining private property where work (assisted by the trailer or semi-trailer) is being performed, so long as such trailer or semi-trailer is parked lawfully in compliance with traffic and parking regulations; or

(ii) in an alley directly adjoining private property where work

(assisted by the trailer or semi-trailer) is being performed, so long as such trailer or semi-trailer is parked lawfully in compliance with traffic and parking regulations.

(D) The trailer (or semi-trailer designed to be towed by pick-up truck and not a truck tractor) must be used to store material, equipment, tools and/or supplies necessary for work being performed by a contractor.

2) THAT the following severability clause is adopted with this amendment:

SEVERABILITY:

The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT this Ordinance shall be effective from and after the date of its adoption. INTRODUCED on the 19th day of April, 2011 and finally PASSED, APPROVED and ADOPTED on this the 3rd day of May, 2011.

THE CITY OF SAN ANGELO, TEXAS

_________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager

City of San Angelo

Memo DATE: April 7, 2011 TO: Mayor and Council Members FROM: Robert Salas, Director, Neighborhood & Family Services Department SUBJECT: Agenda Item for April 19, 2011 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Regular

Discussion and possible action regarding the City’s Affordable Housing Program relative to target neighborhood revitalization efforts

-------------------------------------------------------------------------------------------------------------------------------- SUMMARY: Councilman Adams requested a review of issues and processes in regards to assessed property taxes for families participating in the Affordable Housing Assistance Program (AHAP), actions the city has taken to reduce the property tax burden for those families, and possible options available to pursue. HISTORY: The AHAP first-time homebuyer program funded through the Economic Development Sales Tax began in earnest in late 2009. Since then, the city has provided gap financing to 23 low income families to assist in the purchase of new housing units located in neighborhoods targeted for revitalization. Due to the low market values in the targeted neighborhoods prior to onset of the AHAP, city staff assumed property taxes would remain affordable. However, property taxes have risen to levels equal to more affluent areas of the city which is stressing the lives and income of many of the families. Currently, appraisers at the Tom Green Appraisal District use the city-wide formula to assess taxes on newly constructed housing units in the targeted neighborhoods which includes building permit information with construction costs as the stated value, including land, compared to the “cost” to build against the market value, and possibly any loan or deed of trust information, and comparable home sales if available. In order to mitigate the situation, staff has identified actions that council may wish to pursue:

• Ensure escrow accounts are set up to allow homebuyers time to save for taxes o Not all banks have escrow programs for in-house loans, but special saving

accounts may be as effective • Reduce the cost of construction to reduce the mortgage

o Consider using RFPs to force competition • Increase the AHAP subsidy from 40% to 50% • Work with the Appraisal District to institute a more equitable appraisal methodology

o The Appraisal District, SAISD, and County are supportive of the concept o Would include a formula that takes mortgage amounts into consideration for a

certain period of time

• Redesign the program to include rentals FINANCIAL IMPACT: TBD RELATED GOAL ITEM: Neighborhood Revitalization OTHER INFORMATION/RECOMMENDATIONS: None ATTACHMENTS: None PRESENTATION: PowerPoint presentation PUBLICATION: None REVIEWED BY DEPARTMENT DIRECTOR: N/A

City of San Angelo


To: Mayor and Council Members

From: Michael Dane, Director of Finance

Subject: Agenda Item for 4-19-11 Council Meeting

Contact: Michael Dane 657-4268


Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto.

Summary: Staff will present the Water Operations Fund Balance at relevant dates in an effort to provide Council with the information necessary to form an opinion.

The fund balance in this fund is not at a level where staff would recommend a rebate. Details will be presented.

History: There have been two occasions when this fund balance exceeded ninety days expenditures and Council decided to use that excess. On one occasion the base fees were changed to zero for two months, and on the other the excess was transferred to a capital projects fund to assist with capital improvements.

Financial Impact: Reduction in fund balance – depending on the amount

Related Vision Item

(if applicable):

Financial Vision


Staff recommends no action at this time.

Attachments: N/A

Presentation: Powerpoint

Publication: No


Michael Dane

Approved by Legal:

4/14/2011

1

City Council04/19/2011

Water Rebate

Ordinance -

D i th th f A il d N b f h During the months of April and November of each year, the city council shall review the financial condition of the water operations fund and determine whether a rebate to water customers is appropriate. If a rebate is determined to be appropriate, such rebate shall be accomplished in May and December or as soon accomplished in May and December or as soon thereafter as practical. The amounts and methodology for providing the rebate shall be determined by the city council.

4/14/2011

2

Water RebateSince inception Council has used this discussion to

initiate action twice

• Rebates granted – base fees were waived (changed to zero) for two months

• Capital projects funding – excess fund balance was t f d t it l j t f d t i t i i transferred to a capital projects fund to assist in paying for needed improvements

Water Rebate

Estimated fund balance 9/30/2010 $1,886,521

Fund performance thru 3/31 (2,024,882)

Estimated 3/31 fund balance (138,361)

75 day goal fund balance 3,226,411

4/14/2011

3

City Council04/19/2011

City of San Angelo



From: Michael Dane, Director of Finance

Subject: Agenda Item for 4-19-11 Council Meeting

Contact: Michael Dane 657-4268


Presentation and discussion of the conservation credit portion of the water rate structure.

Summary: Presentation of the conservation credit contained in the water rate structure. We will present information about how it is calculated and present some statistics from the fiscal year ended September 30, 2010.

No Council action is necessary.

History: This portion of the Water Rate ordinance was approved in 2006 and became effective with the July 2006 statements. Since then, approximately 369,444 credits have been issued totaling $613,828.95. The average amount of each credit has been $1.66.

Financial Impact: n/a

Related Vision Item

(if applicable):

Financial Vision


No action/no recommendation

Attachments: N/A

Presentation: Yes

Publication: No


Michael Dane

Approved by Legal:

City of San Angelo



From: Elizabeth Grindstaff, Asst. City Manager

Subject: Professional Services Contract

Contact: Chief Tim Vasquez at 657-4498 or Elizabeth Grindstaff at 657-4241

Caption: Discussion and possible action regarding an architectural and professional services contract (RFQ PD-01-10 ) with Wigington Hooker Jeffry for a feasibility study and design development for a future law enforcement center and authorization for the City Manager to execute said agreement.

Summary: The City of San Angelo’s Capital Improvement Plan includes at least two projects that relate to the improvement of facilities and systems of the current Police Station. However, due to recent funding constraints and other priority projects, the construction of a new law enforcement center has not yet been recommended to City Council.

In Fall of 2009, First Financial Bank approached the City of San Angelo to offer the bank building (located between Koenigheim and Abe, south of Beauregard) for sale. Bank representatives explained that technologies in banking had changed so significantly, that the bank ownership was considering constructing a new bank facility in the downtown area that better reflects the service needs of their customers. The opportunity to potentially purchase that structure, at a very favorable rate, caught the attention of City staff, and the idea grew that it had potential to accommodate a future police station.

In order to determine if the First Financial Bank building is suitable for a new law enforce center, a feasibility study is necessary to compare the purchase price and rehab prices with other potential sites, including the development of raw land for such a project.

History: The police station was built in 1963. The original building housed Municipal Court, Jail and the Police Department. According to the 1968/1969 budget, the Police Department has doubled in its number of employees. The lab was constructed in the early 1990s and the same equipment is still being used today. The ‘new” HVAC system was installed in the early 1980s; however, it serves only a portion of the building. Since the building originally contained the jail, cells are used for evidence storage, but have no heating or air conditioning. These areas include the storage of blood evidence, narcotics and other substances that need constant temperatures.

Financial Impact: • Phase I of contract $118,000 plus reimbursables.

• Phase II of contract allows 9% of construction cost for architectural fees associated with the rehab of an existing building or 8.5% for new construction.

Other Information/ Staff recommends approval of the Professional Services Contract with Wigington Hooker Jeffry.

Recommendation:

Attachments: Proposed Professional Services Contract and Exhibit C

1

ARCHITECTURAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SAN ANGELO AND WIGINTON HOOKER JEFFRY

ARCHITECTS P.C.

This Agreement is entered into this ______ day of ______________, 2011 in Tom Green

County, Texas by and between the City of San Angelo, a Texas home rule municipal corporation

(“City”) and Wiginton Hooker Jeffry Architects P.C., a Texas professional corporation,

(“Architect”) for consultant services for a new San Angelo Law Enforcement Building.

RECITAL

A. City has issued a Request for Qualifications (“RFQ) for the provision of

Architectural Services for a new San Angelo Law Enforcement Building (“Services”) and

Provider’s proposal (“Proposal”), in response thereto, has been selected as the most qualified

proposal for the provision of the Services. The RFQ and the Proposal are sometimes referred to

herein, collectively, as the Solicitation Documents, and are by this reference incorporated into

and made a part of this Agreement.

B. On _____________, 201__, the City Council of City of San Angelo, approved the

selection of Provider and authorized the City Manager to execute a contract, under the terms and

conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein

contained, Provider and City agree as follows:

TERMS:

1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. ARCHITECT’S SERVICES (WORK): The Project consists of Professional Design Services for a new law enforcement building. The Architect’s services will be divided into two phases:

A. Pre-Design Phase, to include Needs Assessment, Space Programming, Feasibility Analysis and Budget Development and Cost Comparison for three (3) potential project site locations.

2

B. Design/CA Phase, to include Schematic Design through Construction Observation

for the site chosen by City.

3. SCHEDULE OF SERVICES

A. Architect shall commence the Pre-Design Phase within thirty (30) days of the effective date of this Agreement.

B. Architect shall complete the Pre-Design Phase per no later than Exhibit “A” forty-five (45) days.

C. Upon final approval of the selected project site, Architect and City shall execute

an Amendment to this Agreement for the Design/CA Phase. Amendment will detail the agreed upon Scope of Services, Schedule of Services, and fees based on Exhibits “A” and “B”.

D. Amendment to Agreement is subject to City Council approval and City’s Termination Rights pursuant to Section 15; and Contingency Clause found in Section 23, including the availability of funds. 3. SCOPE OF SERVICE:

A. Architect agrees to provide the Services as specifically described under the Scope of Work – Architectural Services for a new San Angelo Law Enforcement Building as set forth in Attachment “A” hereto, which by this reference is incorporated into and made a part of this Agreement as if fully set forth herein.

B. The standard of care of all professional architectural and related services

performed or furnished by Architect under this Agreement will be the care and skill ordinarily used by members of Architects profession practicing under similar circumstances at the same time and in the same locality.

C Architect represents and warrants to City that Architect: (i) possesses all

qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services; and (iv) the Services will be performed in the manner described in Attachment “A”. 4. COMPENSATION:

A. The amount of compensation payable by City to Architect shall be based on the rates and schedules described in Attachment “B” hereto, which by this reference is incorporated into this Agreement as if fully set forth herein.

B. Unless otherwise specifically provided in Attachment “B”, payment to Architect

shall be made within thirty (30) days after receipt of Architect’s invoice, which shall be

3

accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed.

5. CONTRACT DOCUMENTS:

A. The following documents from the City of San Angelo are incorporated herein by reference for all purposes, as if fully set out verbatim: - Request for Qualifications, Architectural Services For a New San Angelo Law Enforcement

Building, No. PD-01-10 (“RFQ No. PD-01-10”) - All of the documents, attachments, conditions, specifications, technical data, drawings,

requirements and addenda comprising said RFQ No. PD-01-10 of the time this Agreement is entered by Architect and City, and specifically including Attachments “A” and B” as referenced under Sections 3 and 4 of this Agreement.

B. CONFLICTS. This Agreement, the documents required to be provided, and the

Contract Documents constitute the entire agreement between the parties hereto and supersede any prior written or oral agreements and understandings between the parties. If any provision of this Agreement, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent, with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Agreement, then to the General Conditions to this Agreement and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. 6. OWNERSHIP OF DOCUMENTS: Architect understands and agrees that any information, document, report or any other material whatsoever which is given by City to Architect or which is otherwise obtained or prepared by Architect pursuant to or under the terms of this Agreement is and shall at all times remain the property of City. Architect agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by City in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS:

A. City may, at reasonable times, and for a period of up to three (3) years following

the date of final payment by City to Architect under this Agreement, audit, or cause to be audited, those books and records of Architect which are related to Architect’s performance under this Agreement. Architect agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. City shall have the right to a copy of any document or report created as a result of this agreement during the three (3) year term. City shall reimburse Architect reasonable expenses associated with reproduction of the report or document.

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B. City may, at reasonable times during the term hereof, inspect Architect’s facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Architect under this Agreement conform to the terms hereof, if applicable. Architect shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives.

8. AWARD OF AGREEMENT: Architect represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: Architect understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Texas Statutes, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Architect’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by City. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Architect understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Architect agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 11. INDEMNIFICATION:

A. GENERAL INDEMNIFICATION. ARCHITECT AGREES TO

INDEMNIFY, DEFEND AND HOLD CITY ITS COUNCIL MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF ARCHITECT OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGUATION OR IN ANY MANNER ATTRIBUTABLE TO ANY NEGLIGENT OR WILLFUL WRONGFUL ACT ORF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF ARCHITECT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF ARCHITECT AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING

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CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY ARCHITECT HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE ARCHITECT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGILGENCE OR WILLFUL MISCONDUCT.

B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY

PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR ARCHITECT IN PERFORMING UNDER THIS CONTRACT.

C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR

IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. 12. INSURANCE:

A. General Conditions. The following conditions shall apply to all insurance policies

obtained by Architect for the purpose of complying with this Agreement:

(1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

(2) Named Insureds. All insurance policies required herein shall be drawn in the

name of Architect, with City, its council members, board and commission members, officials, agents, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation and Professional Liability coverage.

(3) Waiver of Subrogation. Architect shall require its insurance carrier(s), with

respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees.

(4) Certificates of Insurance. At or before the time of execution of this Agreement,

Architect shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required

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coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Architect and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificate to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourn, San Angelo, Texas 76903 or P.O. Box 1751, San Angelo, Texas 76902.

(5) Architect’s Liability. The procurement of such policy of insurance shall not be

construed to be a limitation upon Architect’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Architect’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Architect to maintain adequate coverage shall not relieve Architect of any contractual responsibility or obligation.

(6) Subcontractors’ Insurance. Architect shall cause each Subcontractor and Sub-

subcontractor of Architect to purchase and maintain insurance of the types and in the amounts specified below. Architect shall require Subcontractors and Sub-subcontractors to furnish copies of certificates of insurance to Architect’s Risk Manager evidencing coverage for each Subcontractor and Sub-subcontractor

B. Types and Amounts of Insurance Required. Architect shall obtain and

continuously maintain in effect at all times during the term hereof, at Architect’s sole expense, insurance coverage as follows with limits not less than those set forth below: (1) Commercial General Liability. This policy shall be an occurrence-type policy and

shall protect the Architect and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Architect’s employees) and damage to property of the City or others arising out of the act or omission of the Architect or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Architect under the paragraph of this Agreement entitled “Indemnification”, including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment ). Coverage shall not be less than:

$1,000,000.00 General Aggregate $1,000,000.00 Products - Completed Operations Aggregate $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence

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(2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Architect and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:

$ 500,000.00 Combined Single Limit

(3) Workers’ Compensation and Employer’s Liability. If Architect hires any employees, Architect shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Architect against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than:

Statutory Amount Workers’ Compensation $ 100,000.00 Employer’s Liability, Each Accident $ 100,000.00 Employer’s Liability, Disease – Each Employee $ 500,000.00 Employer’s Liability, Disease – Policy Limit

The foregoing requirement will not be applicable if, and so long as, Architect qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement.

(4) Professional Liability. This insurance shall include limited contractual liability in its coverage, and the coverage under this policy shall survive the term of this Agreement as long as any liability could be asserted. Coverage shall be as follows:

$ 1,000,000.00

13. DEFAULT: If Architect fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Architect shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Architect, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Architect while Architect was in default shall be immediately returned to the City. Architect understands and agrees that termination of this Agreement under this section shall not release Architect from any obligation accruing prior to the effective date of termination. Should Architect be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Architect shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re-procurement of the Services, including consequential and incidental damages.

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14. RESOLUTION OF CONTRACT DISPUTES: Architect understands and agrees that all disputes between Architect and City based upon an alleged violation of the terms of this Agreement by City shall be submitted to the City Manager for its resolution, prior to Architect being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $25,000.00, the City Manager’s decision shall be approved or disapproved by the City Council. Architect shall not be entitled to seek judicial relief unless: (i) it has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds $25,000.00; or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90) days if City Manager’s decision is subject to City Council approval; or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 15. CITY’S TERMINATION RIGHTS:

A. City may, by written notice, terminate this Agreement in whole or in part at any time, either for the City’s convenience or because of failure to fulfill the obligations contained within this Agreement. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Agreement, whether completed or in progress, delivered to City.

B. If the termination is for the convenience of City, an equitable adjustment in the

contract price shall be made for the services performed, but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to failure to fulfill the Architect’s obligations, City may

take over the work and prosecute the same to completion by contract or otherwise. In such case, the Architect shall be liable to City for any additional cost occasioned to the City thereby.

D. If, after notice of termination for failure to fulfill contract obligations, it is

determined that the Architect had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the contract price shall be made as provided in this section.

E. The rights and remedies of the City provided in this section are in addition to any

other rights and remedies provided by law or under this Agreement.

16. WORK DRAWINGS AND DOCUMENTATION: After performance and completion of the Services under this Agreement, and prior to final payment, the Architect shall deliver to City, all original documentation and drawings prepared under this Agreement. Architect shall make available to City all basic survey notes and sketches, charts, computations and other data upon request of City and without restriction or limitation on their use. In the event City does not have proper storage facilities for the protection of the original documentation and drawings, City may request Architect to retain the drawings with the

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provision that they will be made available without restriction upon written request. In the event any of the above documents are re-used by City, the nameplates will be removed and the Architect released and held harmless of subsequent liabilities.

17. NON-DISCRIMINATION: Architect represents and warrants to City that Architect does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Architect’s performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Architect further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 18. ASSIGNMENT: This Agreement shall not be assigned by Architect, in whole or in part, without the prior written consent of City, which may be withheld or conditioned, in the City’s sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY: ARCHITECT: City of San Angelo Wiginton Hooker Jeffry Architects P.C. Attn: Elizabeth Grindstaff Attn: Lance Melton P.O. Box 1751 500 N. Central Expressway, Suite 300 San Angelo, Texas 76902 Plano, Texas 75074 Phone: (325) 657-4241 Phone: (972) 665-0657 20. MISCELLANEOUS PROVISIONS:

A. This Agreement shall be construed and enforced according to the laws of the State of Texas.

B. Title and paragraph headings are for convenient reference and are not a part of

this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver

of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing.

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D. Should any provision, paragraph, sentence, word or phrase contained in this

Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use.

21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Architect has been procured and is being engaged to provide services to City as an independent contractor, and not as an agent or employee of City. Architect further understands that Texas Workers’ Compensation benefits available to employees of City are not available to Architect, and agrees to provide workers’ compensation insurance for any employee or agent of Architect rendering services to City under this Agreement. 23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 25. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement.

[Signature Page to Follow]

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. CITY City of San Angelo By: Harold Dominguez, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)

ARCHITECT Wiginton Hooker Jeffry Architects P.C. By: Lance Melton, Vice President ATTEST: ________________________________ (SEAL)

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Approved as to Content: Approved as to Form: _____________________________ ________________________________ Elizabeth Grindstaff, Lysia H. Bowling, City Attorney Assistant City Manager

Approved as to Content: Approved as to Insurance Requirements: David Knapp, R.A. John Seaton, Risk Manager Architect/Construction Manager

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CERTIFICATION OF ARCHITECT I hereby certify that I am ____________________________, a duly authorized

representative of the firm of Wiginton Hooker Jeffry Architects P.C., whose address is 500 N.

Central Expressway, Suite 300, Plano, Texas 75074, and that neither I nor the above firm I here

represent has:

(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me) to solicit or secure this contract; (b) Agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or (c) Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any).

Wiginton Hooker Jeffry Architects P.C.

By: _______________________________

Date:______________________________

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Exhibit “A”

SCOPE OF WORK SANANGELO LAW ENFORCEMENT BUILDING

The Architect shall render all professional architectural services necessary and customary in the design, planning and construction of the Project improvements described herein and in any Work-specific amendments attached hereto incorporated herein. 1. Basic Services: Architect’s Basic Services consist of those described herein and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth herein are Additional Services.

1.1 Architect shall manage the Architect’s services, consult with City, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to City.

1.2 Architect shall coordinate its services with those services provided by City and City’s consultants. Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by City and City’s consultants. Architect shall provide prompt written notice to City if the Architect becomes aware of any error, omission or inconsistency in such services or information.

1.3 As soon as practicable, but no less than Thirty (30) days after the date of this Agreement, Architect shall submit for City’s approval a schedule for the performance of the Architect’s services. The schedule shall include anticipated dates for commencement of the Design/CA Phase, to include:

1) Pre-Design xx (xx) weeks 2) Schematic Design Phase xx (xx) weeks 3) Design and Development Phase xx (xx) weeks 4) Construction Document Phase xx (xx) weeks 5) Bid & Award Phase xx (xx) weeks 6) Construction Observation Phase xx (xx) months

The schedule shall include allowances for periods of time required for the City’s review, for the performance of City’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by City, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or City. With City’s approval, Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction.

1.4 The Architect shall not be responsible for City’s directive or substitution made without the Architect’s approval. 2. Pre-Design Phase (Phase 1): 2.1 Upon identification of the three potential sites for the project; two existing buildings and raw land central to the city that would create presence in the heart of the city, architect shall

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begin the process of evaluating the sites. If 2nd Green Field Site requires facility evaluation, scope will be negotiated based on Exhibit “C”

2.1.1 Perform a needs assessment for the police department, including all the department within, identifying current deficiencies, critical needs as well as future trends for the industry

2.1.2 Provide space programminglanning for the three potential project locations based on the needs assessment.

2.1.3 provide a feasibility analysis and budget development of the known site

conditions and the proposed design for each location. Include a detailed cost comparison for each of the 3 potential project locations

3. Design/CA Phase (Phase 2) – Schematic Design through Construction Observation 3.1 Schematic Design Phase:

3.1.1 Upon City’s acceptance of Architect’s wok in the previous Phase and assuming

City has not delayed or terminated the Agreement, Architect shall:

1) Consult with City to define and clarify City’s requirements for the Work and available data.

2) Advise City as to the necessity of City’s providing data or services which are not part of Architect’s Basic Services, and assist City in obtaining such data and services.

3) Establish the scope of the Work, and advise City of any additional special investigations, field surveys, soil or foundation investigations which, in the opinion of the Architect, may be required; and arrange with City for the conduct of such investigations and tests.

4) Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Work designed or specified by Architect, including but not limited to mitigating measures identified in the environmental assessment.

5) Identify and evaluate alternate solutions available to City and, after consultation with City, recommend to City those solutions which, in City’s judgment, meet City’s requirements for the Work.

6) Prepare, for approval by City, Schematic Design Documents detailing each phased unit of the Project which will contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved (including, but not limited to, the construction schedule and construction budget requirements), and those alternate solutions available to City which Architect recommends. The Schematic Design Documents should illustrate the scale and relationship of Project components.

7) The Architect shall submit as part of the Schematic Design Documents a preliminary detailed estimate of construction costs (Opinion of Probable Cost) for each

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phase of the Project. The Opinion of Probable Cost shall be based on current area, volume or other unit costs and indicate the cost of each category of work involved in constructing the Project, and shall make allowances for contingencies, estimated costs of design, professional, and related services provided by Architect, costs for various recommended solutions and other information furnished or requested by City.

8) Furnish five (5) final copies of the Schematic Design Documents to City. 9) The duties and responsibilities of Architect during the Schematic Design

Phase may be amended and supplemented as indicated in any Project Amendments to this Agreement. 3.1.2 Architect’s services under the Schematic Design Phase are complete on the date when the final copies of the Schematic Design Documents have been delivered to City. Timelines for said completion shall be determined as set forth in Section 1.3 hereinabove.

3.2 Design and Development Phase:

Upon City’s acceptance of Architect’s work in the Schematic Design Phase and the most

recent Detailed Statement of Probable Construction Costs, and assuming City has not delayed or terminated the Agreement, Architect shall:

3.2.1 Prepare for approval by the City three (3) sets of Design Development Documents

consisting of final design criteria, preliminary drawings, outlined specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding City’s approval of the Documents, Architect warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.

3.2.2 The Architect shall advise City of any adjustments to the preliminary Opinion of

Probable Cost by providing for review and approval by City a Detailed Statement of Probable Construction Costs that includes the information required in Section 3.1.1.7.

3.2.3 Architect’s services under the Design and Development Phase are complete on

the date when copies of the Design and Development Report documents have been delivered to City. Timelines for said completion shall be determined as set forth in Section 1.3 hereinabove. 3.3 Construction Documents Phase:

3.3.1 Upon City’s acceptance of Architect’s work in the Schematic Design

Development Design Phase and the most recent Detailed Statement of Probable Construction Costs, and assuming City has not delayed or terminated the Agreement, and upon written authorization from City, Architect shall:

1) Prepare, for approval by City, Construction Documents consisting of

drawings and specifications setting forth in detail requirements for the Construction

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Phase, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. The specifications prepared shall not include any general contractual provisions of any kind. Contractual language will be prepared by City for inclusion in the Agreement.

2) Provide technical criteria, written descriptions, and design data for City’s

use in filing applications for permits from or obtaining approvals of governmental or regulatory authorities and assist City in consultations with appropriate authorities. Submit to appropriate governmental or regulatory authorities, if required, advance copies of the plans and specifications and Cost estimates for review. Architect will make any additions, changes or clarifications necessary to respond to comments by any governmental or regulatory authorities.

3) Revise the Detailed Statement of Probable Construction Costs, if

necessary.

4) Prepare and furnish three (3) sets of Final Construction Documents and a revised Detailed Statement of Probable Construction Costs for review and approval by City and assist City in the preparation of other related documents. Additional sets shall be considered as Additional Costs and charged in accordance therewith. 3.3.2 Architect’s services under the Construction Documents Phase are complete on the

date when the Final Construction Documents have been delivered to City. Timelines for said completion shall be determined as set forth in Section 1.3 hereinabove.

3.4 Bid & Award Phase:

3.4.1 Upon City’s acceptance of Architect’s work in the Construction Documents Phase

and the most recent Detailed Statement of Probable Construction Costs, and assuming City has not delayed or terminated the Agreement, and upon written authorization from City, Architect shall:

1) Furnish the number of copies of the Bid Documents as required by prospective bidders and furnishers of material and equipment.

2) Assist City in advertising for and obtaining bids or negotiating proposals for the Work and attend pre-Bid conferences.

3) At the request of City, draft Addenda as appropriate to clarify, correct, or

change the Bid Documents.

4) Consult with City as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by contractor for those portions of the Work as to which such acceptability is required by the Bid Documents.

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5) Consult with City concerning determination of the acceptability of substitute materials and equipment proposed by prospective contractor(s) when substitution prior to the award of contracts is allowed by the Bid Documents.

6) Attend the Bid opening, prepare Bid tabulation sheets, and assist City in evaluating Bids or proposals and in assembling and awarding contracts for the Work.

7) Provide a written recommendation of award based upon the apparent lowest bidder’s qualifications, proposed subcontractor’s qualifications, references, list of equipment and past performance. Architect shall attend the city council meeting at which award of the bid is scheduled to be heard and be able to respond to questions regarding Architect’s award recommendation.

8) The duties and responsibilities of Architect during the Bidding Phase may be amended and supplemented as indicated in any Project Amendments to this Agreement. 3.4.2 The Bidding Phase is complete upon commencement of the Construction Phase or

upon cessation of negotiations with prospective contractors. Timelines for said completion shall be determined as set forth in Section 1.3 hereinabove.

3.5 Construction Phase:

3.5.1 Upon City’s acceptance of Architect’s work in the Bidding Phase, and assuming

City has not delayed or terminated the Agreement, and upon written authorization from City, Architect shall provide the services listed below:

1) Perform the duties and discharge the responsibilities stated in the Work’s

specifications after receiving authorization to proceed with construction from City. Architect shall advise and counsel City’s construction observer in the accomplishment of his duties.

2) Make visits to the Site at intervals appropriate to the various stages of construction, as Architect deems necessary, in order to observe as an experienced and qualified design professional, the progress and quality of the Work. As a minimum, the Architect or his qualified representative will visit the site of the Work on the average of once during each fourteen (14) working days of the construction period. These visits should be scheduled to coincide with each new phase of construction, scheduled inspections, and other times when appropriate. Architect or his qualified representative will be available at all times Work is in progress for telephone contact by City. Such visits and observations by Architect, will not be exhaustive or extend to every aspect of Contractor's work in progress or involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to Architect in this Agreement and the Contract Documents, but will be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Architect’s exercise of Architect’s professional responsibilities. Based on information obtained during such

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visits and such observations, Architect will determine if Contractor's work is proceeding in accordance with the Agreement, and Architect shall keep City informed of the progress of the Work.

3) Architect shall inform City immediately should Contractor's work be disapproved or rejected rejected by Architect while it is in progress, if on the basis of observations or after evaluation requested by City, Architect believes that such work will not produce a completed Project that conforms to the Agreement or that it will prejudice the integrity of the design concept of the completed Work as a functioning whole as indicated in the Agreement.

4) Architect shall issue necessary clarifications and interpretations of the Agreement as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Agreement. Architect may issue Field Orders authorizing minor variations from the requirements of the Agreement.

5) Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor.

6) Coordinate with the City’s construction observers to insure that all material tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unnecessarily and will meet specification requirements as to location and frequency.

7) When authorized by City, prepare change orders in the Work from that originally shown on the Plans and Specifications.

8) The duties and responsibilities of Architect during the Construction Phase may be amended and supplemented as indicated in any Project Amendments to this Agreement. 3.5.2 Architect’s responsibility to provide Construction Phase Services commences

with the award of the Contract for Construction and terminates on the date Architect issues the final Certificate for Payment or sixteen (16) months after the start of Construction, whichever occurs first.

4. Additional Services:

4.1 Additional Services listed below are not included in Basic Services but may be

required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and City shall compensate Architect as provided in Exhibit “B”.

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4.2 Additional Service designated in Section 4.1 as the Architect’s responsibility. 4.2.1 Preliminary Design Schemes:

1) Pre-Design Phase (Phase 1) – up to two (2) for each of the three (3) sites; 2) Design/CA Phase (Phase 2) – Schematic – up to three (3) for one site

4.2.2 Existing facility field measured drawings and surveys will not be utilized for Phase 1 services.

4.2.3 If City direction is to proceed with the existing bank building site, then field measured drawings and existing facility equipment (HVAC and Electrical) survey’s will be included within the basic service fee. However, hazardous material survey and testing; site utility and topography survey will be provided as an additional service

4.2.4 Building Information Modeling: Architect may, at their sole discretion, utilize BIM while fulfilling their scope of services at no cost to the Owner.

4.2.5 Civil Engineering effort for Phase 1 is only visual site analysis of three (3) sites and review of city provided site data to assist architect in determining feasibility of site to accommodate the new public safety facility. Phase 2 civil engineering scope will be determined upon completion of Phase 1 as an Additional Service.

4.2.6 Landscape Architectural services will be provided as an Additional Service based upon the Phase 1 site selection.

4.2.7 Independent Construction Cost Estimator for Phase 1 is for square foot cost projections for each of the 3 sites considered. Phase 2 includes detailed cost estimator and 3 design phase estimates in basic services.

4.2.8 As-Constructed Record Drawings will be provided as additional part of the basic services. For those professional disciplines not included in basic services (ie Landscape Architect, Civil Engineer, IT/Data) their record drawings effort will be negotiated as part of the additional service. The record drawings will be developed in B.I.M./CAD based upon General Contractor’s field mark-ups for as-built locations defined within the GC’s close-out submission documents.

4.2.9 Post Occupancy Evaluation. Architect and MEP engineer will assist City during up to three (3) post occupancy site visits during the one (1) year GC’s warranty period to aid City and General Contractor in building’s physical plant operation adjustments.

4.2.10 Telecommunications/Data Design will be provided as an additional service for the Phase 2 effort.

Additional Services

Responsibility (Architect, Owner or Not Provided)

Location of Service

Description Civil Engineering Architect See 4.2 below Landscape Design Architect See 4.2 below Telecommunications/data design Architect See 4.2 below Security Evaluation and Planning Architect & Owner Furniture, Furnishings, and Equipment Design (B253TM - 2007) Owner

Potential architect additional service

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4.3 Any services not otherwise within the Architect Basic Services as defined with this Agreement may be agreed upon by City and Architect and included within the Cost Estimate for the Work and compensated at the Additional Services rate set forth in Exhibit “B” herein.

4.4 When directed by City, Architect will assist as expert witness in litigation arising

from the development or construction of the Work. 4.5 Architect shall provide Construction Phase services exceeding the limits set forth

below as Additional Services. The Architect shall notify the City when these limits below are reached.

4.5.1 Two (2) reviews of each shop drawing, Product Data item, sample and similar submittal of the contractor.

4.5.2 Thirty (30) visits to the site by the Architect over the duration of the Project during construction.

4.5.3 Two (2) inspections for any portion of Work to determine if it is Substantially Complete in accordance with the Construction Documents

4.5.4 One (1) inspection for any portion of work to determine Final Completion 4.6 If the Services covered by this Agreement have not been completed within thirty-

six (36) months of the date of the Agreement, through no fault of Architect, extension of Architect’s services beyond that time shall be compensated as Additional Services. In addition, Services provided by the Architect under Section 3.5 herein, “Construction Phase Services” are based upon a sixteen (16) month Construction Phase. Should Architect be required to provide services beyond this timeframe or quantity of trips, Architect shall be compensated in accordance with Article 4.1 for these Additional Services..

END OF EXHIBIT

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Exhibit “B”

Architecture Fees 1. Pre-Design Phase (Phase 1)

Payment to Architect for Basic Services of Pre-Design Phase (reference Exhibit “A”) shall be a stipulated sum as follows:

Architectural Service Per Exhibit A $ 110,000 Construction Cost Estimator (3 sites) $ 7,000 Civil Engineer Site Analysis $ 1,000 TOTAL PRE-DESIGN PHASE SERVICES $ 118,000 (plus reimbursable expenses)

2. Design/CA Phase (Phase 2) – Schematic through Construction Observation

Payment to Architect for Basic Services of Design/CA Phase (Phase 2) (reference Exhibits “A” and “C”) shall be stipulated sum developed from the City Approved Construction Budget for the Project upon completion of Pre-Design Phase (Phase 1) services. If Project involves a renovation and addition project, basic services (architect, structural engineer and MEP engineer) shall be a stipulated sum based upon nine percent (9%) of Approved Construction Budget. If Project is new construction on a green field site, basic services shall be a stipulated sum based upon eight and one-half percent (8.5%) of Approved Construction Budget.

OR Payment to Architect for Basic Services of Design/CA Phase (Phase 2) (reference Exhibits “A” and “C”) shall be based on a stipulated sum percentage of the Cost of the Work, the compensation for each phase of services shall be as follows:

WORK DESCRIPTION PERCENT %

New San Angelo Law Enforcement Building 1. Schematic Design Phase Fifteen (15%)

2. Design Development Phase TwentyThirty-Five

(325%)

3. Construction Documents Phase Twentyhirty-Five

(235%) 4. Bidding or Negotiation Phase Five (5%) 5. Construction Phase Twenty (20%)

TOTAL FEE

3. Additional Services 3.1 For any Additional Services required and agreed upon in writing by City, City shall pay Architect for time at the actual rates in effect during the performance of the services. Architect will be paid a separate fixed fee for these services. Payment for these

23

services will be made monthly, based on statements submitted by Architect to City and shall be based on the following hourly Billing Rates:

Employee or Category Rate Sr. Principal $250

Principal $200

Sr. Project Manager $150

Project Manager $125

Sr. Project Designer $150

Project Designer $125

Sr. Const. Administrator $135

Construction Administrator $75

Project Architect/Coordinator $110

Intern/CADD Operator 3 $90



Specification Writer $100

Clerical $65 3.2 Compensation for additional Services of the Architects consultants when not included in 3.1, shall be the amount invoiced to the Architect plus seven percent (7%)twenty percent (20%) or mutually agreed negotiated rate..

4. Reimbursable Expenses. Are in addition to compensation for the Basic Services and

Additional Services fees set forth above and include expenses incurred by Architect and Architects employees and consultants in the interest of the work as follows:

4.1 Except as set forth in Exhibit BE, expense of transportation in connection with the

work; expenses in connection with authorized out-of-town travel; long distance communications; and fees paid for securing approval of authorities having jurisdiction over the project

4.2 Expense or reproductions (except the reproduction of the sets of documents set

forth in this Agreement), postage and handling of drawings, specifications and other documents.

4.3 Reimbursable Expenses as set forth hereinabove shall not exceed Twenty-five

thousand dollars ($25,000.00) unless otherwise agreed upon in writing by City. Architect shall inform City of Reimbursable Expenses in a timely manner so as to allow for effective management of the Project. Architect shall make available to City records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed for inspection and copying during normal

24

business hours for three (3) years after the date of Final Certificate of Payment or until litigation related to the Project is final, whichever date is later.

4.5 4.5 For Reimbursable expenses the compensation shall be the expenses incurred by

the Architect and the Architect’s consultants plus ten percent (10%) of the expenses incurred.

4.5

END OF EXHIBIT

April 13, 2011

SAN ANGELO PUBLIC SAFETY PHASE 1 - PRE-DESIGN

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STEP 1 - PROJECT INITIATIONDevelop Project Schedule 4 4 1Gather and Review Infromation on P.D. Staffing (current, estimate future) 2 2 4Research City Population and Projections 1 1 3Prepare and Submit Questionnaires 1 2 4Prepare Preliminary Data Sheets (first run) 2 4 24 8Review Completed Questionnaires (modify data sheets) 4 4 8 8Project Management 12SUB TOTALS: 26 17 32 28 0

STEP 2 - NEEDS ASSESSEMENT / SPACE PROGRAMMINGTeam Meeting to Prepare for 1st. Trip 3 3 3 3Travel To and From San Angelo (morning - 1st day, afternoon 3 rd day) 8 8 8 8 2Tour Existing Police Building(s) (1st afternoon) 4 4 4 4 4Kick-Off Meeting with Chief (and any staff) (1st afternoon or morning of 2nd day) 1 1 1 1 1Interview All Depts - Review Questionnaires, Tour Space (study Storage) (all day of 2nd day) 7 7 7 7Review Information / Modify Data Sheets (evening of 2nd day) 2 2 2 2 2Follow up / Verification / Meeting with Police Administration (morning of 3rd day) 3 3 3 3 3Prepare Meeting Minutes from 1st Trip and Distribute 1 1 4 2Complete Staffing and Parking Analysis and Projections 2 4 16Complete Data Sheets 2 2 24 4Complete Programming 1 2 2 8Similar Community Comparison Analysis / Documentation - Benchmarking Analysis 1 4Submit to Client for Review 2 2Programing Verification Meetings with All Departments (2nd trip) 8 8Travel To and From San Angelo (2nd trip) 8 8 8 8Meetings with Police Department and City Manager's Office 2 2 2 2 2Completion and Submittal of Final Document 4 4 2 60Project Management 16SUB TOTALS: 66 52 80 140 14STEPS 1&2 CUMMULATIVE INDIVIDUAL HOURS SUB-TOTAL: 92 69 112 168 14STEPS 1&2 CUMMULATIVE INDIVIDUAL SUB-TOTAL: $14,720 $15,525 $10,080 $22,680 $2,660STEPS 1&2 NEEDS ASSESSMENT / PROGRAMMING EFFORT

Exhibit C

$66,500

PHASE 1 - PRE-DESIGN (NEEDS ASSESSMENT / PROGRAMMING / FEASIBILITY STUDY)

Page 1 of 2

April 13, 2011

SAN ANGELO PUBLIC SAFETY PHASE 1 - PRE-DESIGN

Exhibit C

PHASE 1 - PRE-DESIGN (NEEDS ASSESSMENT / PROGRAMMING / FEASIBILITY STUDY)

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STEP 3 - EXISTING BUILDING AND SITE ANALYSISProject Management 8Visit with City Engineer and Gather Site / Utility Information / Take Photos All Sites 8Tour of Existing Bank and 2 new sites (during 2nd trip) 3 3 3Evaluate Bank Building and 2 New Sites / Site Analysis 12 12 5 5 5Graphics Development 16 4 32 4Compilation of Data and Report Preparation 16 1 4 1SUB TOTALS: 55 20 41 10 16

STEP 4 - FEASIBILITY ANALYSISExisting Bank Site 4 2 16 2New Green Field Site # 1 4 2 8 2New Green Field Site # 2 4 2 8 2SUB TOTALS: 12 6 32 0 6

STEP 5 - COST / BUDGET ANALYSIS Existing Bank 8 2 - Land Acquisition / Demo / Abatement / Renovation / AdditionNew Green Field Site # 1 4 1New Green Field Site # 2 4 1Cost Comparison 2 1 4 1 1SUB TOTALS: 18 1 8 1 1

STEP 5 - PRESENTATIONFinal Presentations to City 2 2 2 2Travel To and From San Angelo (3rd trip) 8 8 0 8Final Presentation Prep 4 1 16 1Final Documentation / Submittal 4 2 16 2SUB TOTALS: 18 13 32 13 2CUMMULATIVE INDIVIDUAL HOURS TOTALS: (steps 3-5) 103 40 113 24 25

CUMMULATIVE INDIVIDUAL TOTALS: (steps 3-5) $16,480 $9,000 $10,170 $3,240 $4,750

STEPS 3-5 FEASIBILITY / BUDGETGRAND TOTAL: (STEPS 1 - 5)****exclusions - reimbursable expenses, structural engineer, hazardous material survey, mep engineer, civil engineer, construction cost estimator*****

$110,000$43,500

Page 2 of 2

Click here for instructions. City of San Angelo



From: Alicia Ramirez


Contact: Councilmember Morrison


Consideration to reconsider the Ordinance limiting the number of annual garage sales approved and adopted by City Council on March 22, 2011 and in accordance to Chapter 1, Section 1.1002 of the Code of Ordinance

Summary/History An ordinance limiting the number of garage sales was introduced and adopted by City Council on March 22, 2011. At the April 5, 2011 City Council meeting, Councilmember Morrison requested the reconsideration of said ordinance under Chapter 1, Section 1.1001. Under the Reconsideration provision, four (4) members of the city council must vote to place consideration of repeal or amendment of such ordinance on the Council’s agenda of a future Council meeting if the ordinance has been effective less than six months.

Financial Impact: N/A

Related Vision Item

(if applicable):

N/A


Councilmember Morrison requests reconsideration to further discuss and review the adopted ordinance at a future meeting.

Attachments: Adopted Ordinance AND Section 1.1001

Presentation: Councilmember Morrison

Publication: N/A


N/A

Approved by Legal:

CHAPTER 1 GENERAL PROVISIONS

ARTICLE 1.1000 ORDINANCES

Sec. 1.1001 Adoption

The city council shall follow the procedures established in the city charter.

Sec. 1.1002 Reconsideration

(a) The city council shall only reconsider an ordinance which has been adopted by the city under the following circumstances:

(1) If six (6) months or more have passed since such ordinance became effective a councilmember may request that the repeal or amendment of the ordinance be placed on the council’s agenda for consideration.

(2) If the ordinance has been effective for less than six (6) months, four (4) members of the city council must vote to place consideration of repeal or amendment of such ordinance on the council’s agenda of a future council meeting.

(3) Regardless of how long such ordinance has been in effect, if repeal or amendment of such ordinance is required by law, the city manager or a city councilmember may place discussion of such ordinance on council’s agenda.

(b) The city council shall only reconsider an ordinance which has failed to be adopted by the city under the following circumstances:

(1) If six (6) months or more have passed since such ordinance was defeated a councilmember may request that the ordinance be placed on the council’s agenda for consideration.

(2) If the ordinance was defeated, four (4) members of the city council must vote to place consideration of such ordinance on the council’s agenda of a future council meeting.

(3) Regardless of when such ordinance was defeated, if such ordinance is required by law, the city manager or a city councilmember may place discussion of such ordinance on council’s agenda.

(Ordinance adopted 5/5/09)

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4/12/2011http://z2.franklinlegal.net/sanangelo-flp/PrintViewer.jsp?printCollection=0

CHAPTER 5 BUSINESS & COMMERCE

ARTICLE 5.900 GARAGE SALES

Sec. 5.901 Permitted in Residential Areas

Occasional or garage sales will be permitted in R-1 (Single Family) through R-5 (Multi-Family) Districts and other districts where the primary use of property is residential. (1959 Code of Ordinances, Sec. 5-13-1)

Sec. 5.902 Conditions Under Which Permitted

(a) Only the sale of tangible personal property at retail, by the property owner, who does not holdhimself out as engaging, nor does habitually engage, in the business of selling such tangible personalproperty at retail, shall constitute a garage or occasional sale under this article. Items purchased with thesole intent of resale, are prohibited. (Ordinance adopted 3/1/11)

(b) There shall not be more than six (6) sales per year by the same property owner or on the samepremises. Such sales may last a maximum of three (3) consecutive calendar days.

(c) Sales by churches, charities and fraternal organizations for the purpose of raising funds may beheld on property other than that owned by the organization and tangible personal property donated bymembers or others may be sold.

(1959 Code of Ordinances, Sec. 5-13-2)

Sec. 5.903 Penalty

Any person violating any provision of this article of the city shall be guilty of a misdemeanor punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code. (1959 Code of Ordinances, Sec. 5-13-3)

Sec. 5.904 Each Day Separate Offense

Each day any provision of this article of the city is violated shall constitute a separate offense. (1959 Code of Ordinances, Sec. 5-13-4)

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MEMORANDUM Date: April 15, 2011 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 04-19-11 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE TASK ORDER NO. 15, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR AIR SERVICE MARKETING SERVICES IN THE AMOUNT OF $62,325 AT SAN ANGELO REGIONAL AIRPORT

History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

Airport staff is planning several improvements to the airports: infrastructure, Master

Plan, Airport Layout Plan, and terminal building area. Staff will bring forth separate Task Orders for additional projects as funding for each project becomes available from the Federal Aviation Administration.

Summary: Task Order No. 15 will provide the San Angelo Regional Airport with Air Service Marketing by working with the Airport to develop a strategic air service marketing plan that is based on the understanding of airline operating strategies and practices coupled with market research. KSA Engineers will be teaming with the firm SH&E, a 45 year old specialized aviation consulting firm that has become the largest consulting firm dedicated exclusively to the air transport industry. This item was presented to the City of San Angelo Development Corporation on April 13, 2011 and received unanimous approval to recommend to Council for funding approval.

Financial Impact: Total cost for Task Order No. 15 is $62,325 for which the City of San Angelo

Development Corporation has recommended that Council fund the plan during their April 13, 2011 Board meeting.

Related Vision Item: Transportation - Increase air passenger and freight service. Other Information/Recommendation: Staff recommends approval. Attachments: Task Order No. 15 Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 04-15-11

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