The document is a notice for a public meeting of the City Council of San Angelo, Texas to take place on March 22, 2011. The agenda includes consideration of various items relating to city business and operations, such as awarding bids, adopting resolutions, public hearings, budget amendments, and other regulatory matters. Executive sessions are also scheduled to discuss economic development negotiations, real estate matters, and personnel evaluations.
San angelo city council 11 5-13 - request for competitive sealed proposals
City Council March 22, 2011 Agenda Packet
1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, March 22, 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. Public Comment
The Council takes public com ment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or fo a Consent Agenda item to be moved to the Regular
r ,
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the March 1, 2011 City Council Regular meeting minutes
2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any
necessary related documents:
a. FD-01-11: Personal Protective Equipm thirty eight sets of bunker gear, Casco Industries,$56,392.00
ent,
b. VM-01-11: Vehicle and Equipm ent Repair resulting from accidents, Century Trailer (San Angelo),
Lakeview Collision (San Angelo), J&T’s Welding (San Angelo), Pardner’s Body Shop (Sa Angelo), and
n
Shirley’s Auto Repair (San Angelo), $55,000.00
3. Consideration of rejecting bids associated with Request for Bid VM-18-10 Lake Patrol Vehicles
4. Consideration of adopting aResolution authorizing the Mayor to execute aTax Deed for the sale of a Tax
Lot located at 817 Upton, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-T
5. Consideration of authorizing the sale of a residential property at 1830 South Concho ( tevens), Lot 7,
S
Group 9, for the appraised value of $121,986 and aut horizing the Mayor, City Manager, or Water
Utilities Director to execute all necessarylegal documents pertaining to the sale ofsubject properties,
subject to completion of all curative requirements
City Council Agenda Page 1 of 6 March 22, 2011
2. 6. Consideration of authorizing the CityManager to execute an Agreement with Mr. Scott Sustekfor the
acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St.
7. Consideration of a request to extend previous authorization by City Council to temporarily place a
mobile residence on site in Single-Family Residence zoning district and specifically on property at
1324 Bryan Street in east central San Angelo until November 1 , 2011
8. Consideration of approving the Cityof San Angelo Development Corporation (COSADC) authorizing
to execute bank signature cards and ratifying said Resolution adopted March 9, 2011 bythe COSADC
authorizing the same
9. Consideration of authorizing the City Manager to execute a Lease and Program Agreement between
the City of San Angelo and PaulAnn Baptist Church for the leasing and use of Northside Recreation
Center
10. Consideration of the City of San Angelo as the designated political subdivision for the Region F
Water Planning Group
11. Consideration of m atters relating to the following City of San Angelo Development Corporation
contracts:
a. Consideration of adopting a Resolution by the City of San Angelo City Council approving an
economic development and grant agreement by and between the City of San Angelo Development
Corporation (COSADC) and the Concho Valey Center for Entrepreneurial Development (CVCED)
l
making provision for a grant from COSADC to CVCED for operation of economic development
programs including the small business incubator and accelerator program and the Enterprise San
Angelo business plan competition
b. Consideration of adopting a Resolution by the City of San Angelo City Council approving a
contract by and between the City of San Angelo Development Corporation (COSADC) and the San
Angelo Chamber of Commerce making provision for a marketing and recruitment program to be
conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a
prime location for industry and service sector prim ary job growth and investm ent fostering
economic development
c. Consideration of adopting a Resolution by the City of San Angelo City Council approving an
amendment to contact between the City of San Angelo Development Corporation (COSADC) and
Downtown San Angelo, Inc. (DSA) to provide for fu relocation of DSA to the planned Business
ture
Resource Center
d. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the
City Manager to negotiate and execute a contract with the City of San Angelo Developm ent
Corporation (COSADC) for the provision of Neighborhood and Fam ily Services Departm ent
administrative services by use of City personnel and for reimbursement therefore to City from the
COSADC, and ratifying said contract
e. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the
City Manager to negotiate and execute a contr act with the City of San Angelo Developm ent
Corporation (COSADC) for the provision of administrative services for COSADC by use of City
personnel and for reimbursement therefore to City from the COSADC, and approving said contract
12. Second Hearing and consideration of adoption of anOrdinance amending Chapter 12, Exhibit “A” of
the Code of Ordinances, City of San Angelo
PD 07-01 (2nd Amendment): Concho River RV Resort
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND AZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
City Council Agenda Page 2 of 6 March 22, 2011
3. FOLLOWING PROPERTY, TO WIT: 20+acres bordering the west side of South Chadbourne Street
and situated within 1,000 feet of the South C oncho River in southern San Angelo, am ending a
previously approved Planned Development District (PD 07-01) allowing additional tim for a single
e
manufactured (mobile) home to remain on the subject property PROVIDING FOR SEVERABILITY
;
AND PROVIDING A PENALTY
13. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for
capital projects and new projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR
NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED
EXPENSE
14. Second Hearing and consideration of introduction of anOrdinance amending the untreated water rate
schedule
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY MODIFYING SECTION 8.200 (a)(1)
MONTHLY WATER RATES BY ADDING A NEW BASE RATE FOR UNTREATED WATER
METERS; BY DELETING THE EXISTING UNTREATED WATER RATES; BY ADDING A NEW
UNTREATED WATER RATE SCHEDULE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle
ent
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that
Meetings be Open, Section 551.087 to discuss an offerof financial or other incentive to acompany or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle
ent
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that
Meetings be Open, Section 551.072 to discuss the pur chase, sale, exchange, lease, or value of real
property
Executive Session under the provision of Governm Code, Title 5. Open Government; Ethics, Subtitle
ent
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirem ent that
Meetings be Open, Section 551.074 to deliberate pesonnel matters related to the personnel evaluation
r
and duties of the City Manager
G. PUBLIC HEARING AND COMMENT
15. Consideration of adopting a Resolution acknowledging the necessity for federal, state, and local
officials to collectively address the proposed Texas Medicaid funding cuts; and, respectfully
requesting that federal and state governm officials work collectively with local officials to reduce
ent
the substantial cuts in Texas Medicaid and deve lop solutions to improve the Texas budget without
cutting Texas Medicaid as drastically as proposed
(Presentation by CEO of San Angelo Community Medical Center Brad Holland and Director of
Business Development/Marketing Sheryl Pfluger)
16. Presentation of the 4th Quarter 2010 Report fromDowntown San Angelo, Inc.and Presentation of the
Preserve America Award to Alvin New, May or, by Brenda Gunter, President of Downtown San
Angelo, Inc.
City Council Agenda Page 3 of 6 March 22, 2011
4. (Presentation by DSA Executive Director Genora Young)
17. Second public hearing and consideration of adoption of an Ordinance amending Article 5.902 of the
City of San Angelo Code of Ordinances related to the maximum number of garage sales held by an
owner of property
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN
ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,
SPECIFICALLY BY AMENDING SUBSECTION 5. 02(b) TO STIPULATE THAT THE NUMBER
9
OF GARAGE SALES ALLOWED ANNUALLY MAY BE LIMITED TO A SPECIFIED NUMBER;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
(Presentation by Code Compliance Manager James Flores and Planning Manager AJ Fawver)
18. First Public Hearing and consid eration of introduction of anOrdinance amending Chapter 10, Article
10.600 in relation to angle parking zones
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF
THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING
CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO,
TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON
THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF
EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST
CORNER OF INTERSECTING RIGHTS- OF-WAY FOR METCALFE STREET AND EAST
AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN
DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING
AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING
RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVEAND EAST AVENUE K, EXTENDING
FOR A DISTANCE OF 84 FEET FURTHER IN AWESTERN DIRECTION, SPECIFICALLY FOR
USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND
BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Transportation Planner Doray Hill)
19. First Public Hearing and consideration of introduction of an Ordinance amending Ordinance Relating
to Classified (Police) staffing levels due to consoidation of Lake, Park & Airport Police with the
l San
Angelo Police Department; to wit:
AN ORDINANCE AMENDING CHAPTER 2ENTITLED “ADMINISTRATION” OF THE CODE
OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500,
ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION
PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B),
ENTITLED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED
POSITIONS FOR THE POLICE DEPARTMENT BY INCREASING THE NUMBER OF POLICE
SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE
NUMBER OF POLICE OFFICER FROM ONE HUNDRED TWENTY-ONE (121) TO ONE
HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON APRIL 5, 2011 AND;
PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES
(Presentation by Police Chief Tim Vasquez)
20. Consideration of awarding base bid & alternate “B” forES-01-11 50th Street Construction & Grape
Creek Reconstruction Projects to Reece Albert, Inc.(San Angelo, TX) in the amount of $3,546,612.86
and authorizing the City Manager or his designee to execute any necessary related documents
(Presentation by City Engineer Clinton Bailey)
City Council Agenda Page 4 of 6 March 22, 2011
5. 21. Consideration of the Permit and Inspection Division’s recommendations regarding a request for in-
kind support (waiving permit fees) for “Operation Finally Home”
(Presentation by Building Official Al Torres)
22. Consideration of approving a nam ing rights proposal for the San Angelo Coliseum from Foster
Communications
(Presentation by Civic Events Manager Anthony Wilson)
23. First public hearing and Consideration of introduction of an Ordinance repealing Article 5.100,
Section 5.107 City Code of Ordinances Alcoholic Beverages Regulations, as it pertains to the
possession of open containers and consumption of alcoholic beverages in the Downtown area
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY
OF SAN ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC
BEVERAGES REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN
THE CENTRAL BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSI OF
ON
AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN
THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN
SECTION 5.107(c); AND PROVIDING FOR AN EFFECTIVE DATE.
(Presentation by Development Coordinator Robert Schneeman)
24. Presentation, update, and discussion on technology features offered by the City of San Angelo,
including, but not limited to, online credit card water billing services, and any action in connection
thereto
(Presentation by Finance Director Michael Dane)
25. Presentation, update, and discussion of 2011-2016 Capital Im provement Plan and any action in
connection thereto
(Presentation by Finance Director Michael Dane)
26. Consideration of authorizing the CityManager to negotiate and execute an Interlocal Agreement with
the Cities of Abilene and Midland for development of water management strategies
(Presentation by Water Utilities Director Will Wilde and City Manager Harold Dominguez)
27. Discussion and consideration of setting the co-pay amount for uninsured patients at the Employee
Health Clinic
(Presentation by Human Resources Director Lisa Marley)
28. Consideration of items related to the May 14, 2011 General Election
a. Consideration of accepting the City Clerk’s Certification of Unopposed Candidates for the City of
San Angelo May 14, 2011 General El ction and consideration of aut orizing the cancelation of said
e h
election
b. First Public Hearing and consideration of introduction of Ordinance canceling the May 14, 2011
General Election for May or, Single Member Districts 2, 4, and 6 and declaring each unopposed
candidate elected to office
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,
ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK
FOR THE POSITIONS OF MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT
TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND
COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); DECLARING THE MAY 14,
2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT
TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND
City Council Agenda Page 5 of 6 March 22, 2011
6. COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING
THAT ALVIN NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS
ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRIC TWO (2);
T
FREDD B. ADAMS IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE
MEMBER DISTRICT FOUR (4); AND CHARLOTTE FARMER IS ELECTED TO THE OFFICE
OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); AND ESTABLISHING AN
EFFECTIVE DATE
(Presentation by City Clerk Alicia Ramirez)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
29. Consideration of matters discussed in Executive/Session, if needed
30. Consideration of various Board nominations by Council and designated Councilmembers:
a. Animal Services Advisory Committee: Tom Maurer (Mayor) to a 1st full term January 2013
b. Downtown Development Commission: Gary Cox to a 1st full term February 2012
c. Keep San Angelo Beautiful: Joseph Grimes (SMD2) to a 1st full term September 2012
d. Ft. Concho Museum Board: Dr. Ken Heineman (SMD5) to a 1st full term January 2014
e. Planning Commission: Joseph Grimes (SMD2) to a 1st full term January 2014
f. Water Advisory Board: Johnny Oswald (SMD5) to a 2nd full term September 2012
31. Consideration of nominating at large appointment to the Tax Increment Reinvestment Zone
32. Discussion, review, and possible action on matters related to the consolidation of various Boards &
Commissions
33. Consideration of Future Agenda Items
34. Adjournment
Given by order of the City Council and posted in accord
ance with Title 5, Texas Governm Code, Chapter
ent
551, Friday, March 18, 2011, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 6 of 6 March 22, 2011
7. City of San Angelo
Memo
Date: March 18, 2011
To: Mayor and Councilmembers
From: Assistant Chief Greg Boyle
Subject: 03-22-2011
Contact: Greg Boyle
Caption: Consent
Consideration of awarding FD-01 -11 personal p rotective eq uipment bi to Casco
Industries for thirty eight sets of bunker gear in the amount of $56,392.00
Summary: The Fire De partment is requesting City C ouncil ap proval to purchase 38 sets o f
bunker cl othing. Requ est for Bid s were sent o ut to 4 vendo rs. T he lowest
responsible bidder that met our specifications was Casco.
History: In order to co mply with sta te and nation al guidelines we must replace our gear at
set intervals. This purchase allows us to stay in compliance and outfit new hires in
the gear they need
Financial Impact: The purchase will consi st of 38 sets of protectiv e jackets and trousers at
$1,484.00ea. for a total of $56,392.0 0 T he total purcha se of $5 6,392.00 will be
taken out of our regular budget uniform account #101-9000-422-06-13
Attachments: Bid tab
Reviewed by Brian Dunn
Director:
Approved by Legal: N/A
8. C I T Y O F S A N A N G E L O
BID TABULATION/Personal Protective Gear * RFB NO: FD‐01‐11 * January 31, 2011
CASCO DACO FIRE EQUIPMENT ** DOOLEY TACKABERRY INC
Item Approx Qty Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price
Protective Jacket And Trousers-For
1 Structural Fire Fighting (Bunker Gear) 38 $872.00 $33,136.00 $769.00 $29,222.00 $877.00 $33,326.00
Protective Trousers for Structural Fire
2 Fighting 38 $612.00 $23,256.00 $514.00 $19,532.00 $639.00 $24,282.00
Total Bid $56,392.00 $48,754.00 $57,608.00
Quantity Order Discount 0.00% 0.00% 0.00%
** DACO's pricing does not
include the specifications we
requested.
Requests for Bids were mailed to:
Casco Industries Grand Prairie TX
Daco Fire Equipment Lubbock TX
Dooley Tackaberry Fire Safety Equipment Deer Park TX
Metro Fire Arlington TX
9. City of San Angelo
Memo
Date: February 24, 2011
To: Mayor and Councilmembers
From: Patrick Frerich, Vehicle Maintenance Superintendent
Subject: Agenda Item for March 22, 2011 Council Meeting
Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651
Caption: C onsent Item
Consideration of a warding bi d VM-01-1 1, an d authorizing t he City
Manager or designee to execute any necessary related documents.
Summary: The Vehicle Maintenance Department is requesting City Council approval
to award bid pricing for th e repai r of vehicl es a nd equipm ent re sulting fro m accide nts.
Requests for Bids (RFB) were mailed to eleven (1 1) local body and welding shops and
advertised in local media.
Bids were received from Century Trailer – San Angelo, Lakeview Collision – San Angelo,
J&T’s Welding – San Ang elo, Pard ner’s Body Sho p – San Angel o, and Shi rley’s Auto
Repair – San Angelo.
History: The City contracts with local auto body shops for the repair of City equipment
and vehi cles involved in vehicul ar a ccidents. Included as a n ad dition to this bid is a
solicitation fo r pri cing for welding se rvices to enco mpass repai rs on traile rs, mowing
equipment, etc.
Financial Im pact: Vehicle and eq uipment rep airs result in an annu al expen se of
approximately $55,000.0 0. Individual award i s given to the approved rep air fa cility
offering the type of work re quired, best repair value based on ove rall p rice a nd
availability.
Related Vision Item: NA
Other Information/Recommendation: Staff recommends approving all bid submissions.
Attachments: Bid Tab VM-01-11
Presentation: None
Approved by Legal: NA
Reviewed by Service Area Director: Ricky Dickson, Operations Director, 2-24-11
10. C I T Y O F S A N A N G E L O
BID TABULATION * RFB NO: VM‐01‐11 * Equipment Body Repair Service
February 18, 2011
Century Trailer of Pardner's Body Shirley's Auto
San Angelo J&T's Welding Lakeview Collision Shop Repair
No. Item Description $ per hour $ per hour $ per hour $ per hour $ per hour
Complete Body Work $ 85.00 no bid $ 36.00 $ 36.00 $ 40.00
Other Costs Associated With Repair Svcs
(Metal) Welding $ 75.00
(Alum) Welding $ 85.00
Shop Welding (Steel) $ 70.00
Shop Welding (aluminum & stainless steel) $ 85.00
Field Welding (Steel) $ 70.00
Field Welding (aluminum & stainless steel) $ 85.00
Paint Labor $ 36.00 $ 40.00
Paint Supplies(refinish) $ 30.00
Paint & Material $ 28.00 $ 28.00
Body Work Labor $ 40.00
Frame & Structural $ 40.00
Name of repair manual used to determine rates n/a n/a CCC Pathways Mitchell Pathways
field welding: inside
city li it 2 h min,
it limits- hr i
outside- 4 hr min
Cooperative Purchasing Yes Yes Yes Yes Yes
Requests for Bid were mailed to:
Calvert Collision Center San Angelo, TX
J & T's Welding San Angelo, TX
Jim Bass Collision & Supplies San Angelo, TX
Lakeview Collision San Angelo, TX
Santellano's Collision San Angelo, TX
Shirley's Auto Repair San Angelo, TX
Century Trailer San Angelo, TX
JT Welding San Angelo, TX
Pardner's Body Shop San Angelo, TX
Spring Creek Products San Angelo, TX
West Texas Collision San Angelo, TX
X:PF DocumentsBid Documents2011 Equipment BidsBid TabsEquipment Body Repair ServiceVM‐01‐11 Bid Tab
11. City of San Angelo
Memo
Date: February 24, 2011
To: Mayor and Councilmembers
From: Patrick Frerich, Vehicle Maintenance Superintendent
Subject: Agenda Item for March 22, 2011 Council Meeting
Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651
Caption: C onsent Item
Consideration of reje cting all bid s a ssociated RFB No: VM-18-10 L ake
Patrol Pickups.
Summary: The Vehi cle Mainten ance De partment req uested form al bi ds fo r
purchasing n ew L ake Patrol Divisi on pi ckups. Following staff’s review of the bids an d
financial impact, staff is requesting that all bids be rejected.
History: Specifications were d rawn with i nput f rom th e Poli ce Depa rtment to explore
the fiscal and op erational option s regarding vehi cles to pat rol Lake Nasworthy, Twin
Buttes, and the su rrounding area s. Bids were re quested and received that met all
specifications.
Bid submi ssions were rev iewed by rep resentatives f rom Vehi cle Maintenance and the
Police Department and co mpared a gainst current bid contracts. The current Light Duty
Vehicle contract (VM-10-10) was financially better wi th no loss of performance than the
vehicles proposed in the Lake Patrol Pickup RFB.
Analysis Summary
Bids for VM-18-10 were returned, with the most appealing bid, meeting all specifications,
at $26,100. Our current Light Duty Contract, allows us to purchase a comparable vehicle
for $25,483.00.
Based on th e bid results and evaluation, staff re commends rejecting all bids associated
with VM-18 -10 and utilizin g the current contra ct VM-10 -10 a s ap proved by Coun cil o n
April 06, 2010 for purchasing Lake Patrol Vehicles.
Financial Impact: None at this time.
Related Vision Item: NA
Other Information/Recommendation: Staff recommends rejecting all bid submissions.
Attachments: Bid Tab VM-18-10
14. C I T Y O F S A N A N G E L O
BID TABULATION * RFB NO: VM‐18‐10 * November 24, 2010
Caldwell Country Chevrolet Jim Bass Ford Sam Pack's Five Star Ford
No. Item Description Unit Unit $ Extended Unit $ Extended Unit $ Extended
1 Crew Cab Pickup 2 $ 23,440.00 $ 46,880.00 $ 23,901.00 $ 47,802.00 $ 22,168.45 $ 44,336.90
Optional Equipment
2 Parts, Service, and Operators Manuals 1 $ 350.00 $ 350.00 $ 475.00 $ 475.00 $ 210.00 $ 210.00
3 Delivery 2 $ 280.00 $ 560.00 n/c incl
4 Extended Warranty 2 $ 2,380.00 $ 4,760.00 $ 2,115.00 $ 4,230.00 $ 2,445.00 $ 4,890.00
5 Spot Light 2 $ 410.00 $ 820.00 $ 265.00 $ 530.00 $ 395.00 $ 790.00
6 $ - $ - $ - $ - $ - $ -
Total= $ 53,370.00 Total= $ 53,037.00 Total= $ 50,226.90
2011 Chevrolet Colorado Z71 2011 Ford F150 4dr Crew Cab 2011 Ford F150 Super Crew
Make and Model Quoted: LT CT15643 4x4 4x4
Delivery Time In Calendar Days: 90-120 45-60 120-150
OEM Parts Markup & Availability: 10%/ As Needed cost +25% 10%/ 5 day ( in stock items)
** Pricing good on ordrs rcvd
Bids Mailed To: before 12/15/10.
All American A t l
A i Autoplex San Angelo, TX
S A l TX
All American Chevrolet San Angelo, TX
Baby Jack II Automotive LTD Caldwell, TX
Dallas Dodge Austin, TX
Hall Buick, Pontiac, GMC Tyler, TX NO BID
Jim Bass Ford San Angelo, TX
Mac Haik Ford Georgetown, TX
Mitchell Toyota Kia San Angelo, TX
Philpott Motors LTD Nederland, TX
Reliable Chevrolet Richardson, TX
Sam Pack's Five Star Ford Carrolton, TX
X:PF DocumentsBid Documents2011 Equipment BidsBid TabsLake Patrol VehiclesVM‐18‐10 ‐ Lake Patrol VehiclesBid Tab VM‐18‐10 ‐ Lake Patrol Vehicles
15. City of San Angelo
Memo
Date: December 2, 2010
To: Mayor and Council Members
From: Roger Banks, Purchasing Director
Subject: Agenda Item for March 1, 2011 Council Meeting
Contact: Diana Farris, Property Manager, Purchasing Department, 657-4212
Caption: Consent Item
Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s):
A. 817 Upton Street, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-T
Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as
Trustee for itself and the other taxing entities.
The lot size, amount of offers, and what the offer will satisfy are as follows:
SIZE OFFER OFFER WILL SATISFY…
A. 60’ x 190’ $ 1,000.00 Offer satisfies the total amount due under the judgment
B.
History: Listed below are the breakdowns of amounts owed:
A. Taxes: $ 1,907.00 B. Taxes: $ 0.00 C. Taxes: $ 0.00
Sheriff Fees $ 100.00 Sheriff Fees $ 0.00 Sheriff Fees $ 0.00
District Clerk $ 613.00 District Clerk $ 0.00 District Clerk $ 0.00
Attorney Fees $ 300.00 Attorney Fees $ 0.00 Attorney Fees $ 0.00
Administration $ 350.00 Administration $ 0.00 Administration $ 0.00
Municipal Liens $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 0.00
$ 3,270.00 $ 0.00 $ 0.00
Financial Impact: All Properties will be reinstated back onto tax roll.
Other Information/Recommendation: It has been verified by all entities that no outstanding balance exist for the Prospective Buyers.
It is recommended that the above offers be accepted.
Attachments: Resolution, Tax-Resale Deed, and Property Location Map
Presentation: N/A
Reviewed by Service Area Director: Michael Dane, Administration Service Director
16.
17.
18. 100 ft
City of San Angelo GIS Division For Illustrative Purposes Only.
Copyright 1988-2010
19. RESOLUTION AUTHORIZING
SALE OF REAL PROPERTY
(Not Less Than Adjudged Value or Judgment)
WHEREAS, on the day of , 2011, at a regularly scheduled meeting of
the City Council of the City of San Angelo, Texas, there was presented to sa id Council the
proposal for the City to sell a parcel of land situ ated within the city lim its of the City of Sa n
Angelo, said parcel being described as follows:
Lot 3, Block 17, Ellis Addition, an Additi on to the City of San Angelo, Tom
Green County, Texas, according to the m ap or plat thereof, r ecorded in Volum e
“Y”, Page 39, Deed Records of Tom Green County, Texas.
WHEREAS, said lot(s) are owned by the City of Sa n Angelo by virtue of Sheriff’s Tax Deed,
recorded on Instrument No. 660140 of the Official Public Records of Re al Property, Tom Green
County, Texas.
WHEREAS, the City Council, has determ ined that it is in the best interest of the City of San
Angelo to sell said lot(s) for an amount that is greater than or equal to the market value specified
in the Judgment of foreclosure or greater than or equal to the amount of the judgment.
NOW THEREFORE BE IT RESOLVED BY TH E CITY COUNCIL OF THE CITY OF
SAN ANGELO: That the Mayor of the City of San Ange lo is hereby authorized in his capacity
as representative of the City of San Angelo, to e xecute a Quitclaim Deed to the abo ve described
lot(s) to Anita Rodriguez Charles, a single pe rson, for the consideration of Two Thousand Nine
Hundred Twenty and 00/100 Dollars ($2,920.00) and that the sale for said am ount is also hereby
authorized and approved.
APPROVED AND ADOPTED ON THE DAY OF , 2011.
THE CITY OF SAN ANGELO
_______________________________
Alvin New, Mayor
Attest:
_____________________
Alicia Ramirez, City Clerk
Approved As to Form: Approved As to Content:
______________________ ____________________________
Lysia Bowling, City Attorney Roger Banks, Purchasing Director
20. City of San Angelo
Memo
Date: February 16, 2011
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Agenda Item for March 22, 2011 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: C onsent Item
Consideration of authori zing the sal e o f the followin g re sidential property for the
appraised va lue an d aut horizing th e Mayor, City Manager, o r Wate r Utilities
Director to execute all necessary legal documents pertaining to the sale of subject
properties, subject to completion of all curative requirements.
Summary: Bradley and Holly Stevens 1830 South Concho
Lot 7, Group 9 $121,986
History: None.
Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.
Related Vision Item (if applicable): None.
Other In formation/Recommendation: If t he sale i s approved at the a ppraised v alue, a titl e
examination will be performed and legal staff will prepare a Real Es tate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.
Staff recommends approval.
Attachments: Appraisal Report (Stevens)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 16, 2011.
21. City of San Angelo
Memorandum
Date: Feb ruary 25, 2011
To: Mayor and Council Members
From: Carl White, Parks & Recreation Director
Subject: Agenda Item for March 22, 2011 Council Meeting
Caption: C onsent Item
Consideration of authorizing the City Manager to execute an agreement with Mr. Scott Sustek for
the acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St.
Summary: This proposed project involves the installation of a bronze “Cowboy” statue at the sculpture well at
North Bryant and 3rd Street. See the attached rendering of the proposed artwork and its proposed location.
The following is a description of the proposed statue: Bronze statue of a working cowboy, twice life-sized, with
saddle resting against the right leg and rope coil in left hand at left hip. Right arm is outstretched in welcoming
gesture. Mark on base – S.A. SUSTEK, 2010 (cast at Deep in the Heart Foundry in Bastrop). Weight
approximately ½ ton. Patina – western style brown but subject to change by weathering.
If this item is approved, City staff would assist with the installation. This assistance will be scheduled and will be
dependent on available staff and resources. Most likely, the installation could occur before summer of 2011.
History: The Public Art Commission approved this artwork and its placement at its meeting on March 6, 2009.
Financial Impact: There is minimal cost to the City for installation of this donated artwork. City Staff would
assist with the artwork’s placement.
Related Vision Item (if applicable):
Community Appearance Vision – support public art programs.
Other Inf ormation/Recommendation: The Publi c Art Commi ssion considered thi s a rtwork a nd its
placement at its meeting on March 6, 2009 and recommended approval.
Attachments: Copy of the Agre ement for the Provi sion of Pu blic A rt an d Copy of th e Public Art
Commission Minutes from the March 6, 2009 Meeting.
Presentation: not applicable.
Publication: not applicable.
Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, Date: March 3, 2011.
22. Note: the Cowboy would actually face north as opposed to east as shown here.
23. Public Art Commission Minutes
Friday, March 6, 2009
The Public Art Commission, following notice and publication of the meeting, met at the McNease Convention
Center, 500 Rio Concho Drive, South Meeting Room, San Angelo, TX, 76903, 3:00 p.m., on March 6, 2009.
Board members present were Mr. Fred Griffin, Chair; Ms. Nevie Lacy, Ms. Suzanne Sugg, Mr. David
Mikulik, and Ms. Tara Rainey.
Guest present was Ms. Sue Rainey, representing item #2 on the regular agenda.
City Staff present were Mr. Carl White, Parks & Recreation Director, and Ms. Madeline Barton, Parks &
Recreation Sr. Administrative Assistant.
Mr. Griffin called the meeting to order at 3:05 p.m.
1.
Consideration of approving the February 4, 2009 meeting minutes
Upon review of the minutes, Ms. Lacy moved to approve, with Mr. Mikulik seconding the motion. A vote was
taken, with the motion passing.
2.
Consideration of permanent art for the Texas Bank Sports Complex (presented by Ms. Sue Rainey)
Mr. White passed out photos of the concrete sign, located at the entrance of the new Sports Complex, on the
corner of Bell St. and Rio Concho Drive. He stated this location was the initial spot considered for permanent
art pieces. Ms. Sue Rainey then introduced the maquette of two metal sculptures representing two running
figures, stating that the pieces will be a gift to the sports complex from the artists. She stated that the figures
will stack out in layers to give depth to the pieces, and at a height of 10 feet, and a total spread of 20 feet
between the pieces. The material used will be of steel with a safety coating, either Rhino lining or powder
coating, whichever is less costly and will still protect the pieces. Mr. Griffin asked if the City needs to provide
a base for the pieces and /or lighting. Ms. Rainey stated they had not discussed lighting. Mr. Mikulik did
confirm that there will be a light in front of the base, so power would be available. Ms. Rainey said that they
had not discussed securing the bases because they first wanted to have the pieces approved. She stated
that “there is no cost to the City, unless they want to provide the base.”
Mr. Mikulik cautioned about the spray from the irrigation system hitting the pieces. Ms. Rainey stated that it
shouldn’t be an issue because of whichever protective covering is used.
When asked, Ms. Rainey stated that they have not done a comparison cost between Rhino lining and
powder coating; they first wanted to get approval on the art pieces.
Mr. Griffin asked for a motion. Ms. Lacy made a motion to accept the art piece renderings and approve them
for adoption for the site at the Rio Concho Community Park, subject to the development of an agreement
from the artists, with the gracious appreciation for their generous donation. Ms. Sugg seconded the motion.
A vote was taken, with the motion passing.
3.
Consideration of permanent art for the North Bryant and 3rd Street, sculpture well (presentation by
Mr. Scott Susteck). Ms. Rainey made the presentation of the maquette designed by Mr. Susteck, due to the
fact that he was unable to attend. She stated that the piece was commissioned and partially paid ($40,000)
by a private donor. Art in Uncommon Places will help in raising the other half. She stated that it is not
finished, but it will be monument size upon completion, bronze cast, and the base can be adjusted to fit the
area. Ms. Rainey said the piece has not yet been named and the total cost, at this point, will be $80,000.
24. Discussion took place on raising funds for the maintenance of the piece. Suggestions were to either have a
separate fund raiser for the purpose of maintaining the sculpture and placing the funds in an existing
endowment, or the Commission could place the funds in a newly created endowment strictly for the purposes
of maintaining this piece. Ms. Rainey said she would take the suggestions back to her group.
Mr. Griffin asked for a motion to accept the concept of the sculpture to be placed at the well on 3rd Street and
Bryant Blvd. Ms. Rainey moved to accept the sculpture and the location, with Ms. Lacy seconding the
motion. A vote was taken with the motion passing.
4.
Consideration of Future Agenda Items. 1.) consideration and discussion of changes to the By-laws. 2.)
finalize plans for the dedication of the art spots.
5.
Adjournment. The meeting was adjourned at 4:03 p.m.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38. Community & Economic
Development
Memo
Date: March 11, 2011
To: Mayor and Councilmembers
From: Robert Schneeman, Development Coordinator
Subject: Consent Agenda Item for March 22, 2011 Council Meeting
Contact: Robert Schneeman, Development Coordinator 657-4210
Caption: Consent Agenda: RATIFICATION OF A RESOLUTION ADOPTED
MARCH 9, 2011 BY THE DEVELOPMENT CORPORATION AUTHORIZING BANK
SIGNATURE CARDS.
Summary: At its March 09, 2011 Annual Meeting the COSADC Board adopted a resolution
designating new board members and the director as authorized signers on the Corporate bank
accounts.
History/Analysis: As a result of n ew b oard m embers bei ng a ppointed and also a s a re sult of t he
reorganization a nd merging CO SADC w ith the De velopment Services Department, n ew ba nk s ignature
cards are required by the bank authorizing the board members and director as signers. At its meeting of
March 9, 2011 the COSADC Board approved a resolution stating that the Board of Directors of the City of
San Angelo Development Corporation desires to modify bank signature cards to reflect current board
officials and the director and are seeking ratification of resolution by Council.
Financial Impact: Varies dependent upon number and dollar amount of checks authorized for
expenditure
Related Vision Item (if applicable): N/A
Other Information/Recommendation: Staff and the COSADC Board recommend ratification of
the above described resolution.
Attachments: Copy of signed resolution
Presentation: None
39.
40. City of San Angelo
Memo
Date: March 9, 2011
To: Mayor and Councilmembers
From: Andy Cedillo, Recreation Manager
Subject: Agenda Item for March 22, 2011 Council Meeting
Contact: Andy Cedillo, Recreation Manager
Caption: CONSENT AGENDA ITEM
Consideration of approving an Interlo cal agreement between t he City of San Angelo
and PaulAn n Baptist Church f or th e leasing o f Northside Recreation Center, and
authorizing the Mayor and/or City Manager to execute said agreement
_____________________________________________________________________________
Summary: Approval of an Interlocal Agreement between the City of San Angelo and PaulAnn
Baptist Church for the leasing of Northside Recreation Center.
PaulAnn Baptist Church agrees to maintain the facility, assume all costs for maintenance and
operation, and to provide programming to the neighborhood.
History:
Northside Recreation Center closed on October 1, 2010.
The City issued an RFP for the leasing of the facility on November 1, 2010
Council accepted a formal bid and approved staff to negotiate an agreement between the
City and PaulAnn, December 14, 2010
Financial Impact: N/A
Related Vision Item (if applicable): To increase recreational opportunities for the area
Other Information/Recommendation: N/A
Attachments: Agreement and Map
Presentation: N/A
Publication: N/A
Reviewed by Service Area Director: Carl White, Parks and Recreation Director _____________
41. LEASE AND PROGRAM AGREEMENT
THE CITY OF SAN ANGELO, a Texas home rule municipal corporation, hereinafter
known as "Lessor", whose address is 72 West College, P.O. Box 1751, San Angelo, Texas
76902, hereby leases, under the following terms and conditions as hereinafter set out, unto
PAULANN BAPTIST CHURCH, a Texas not for profit corporation, acting by and through its
duly authorized officer, in partnership with Project Impact, a not for profit corporation,
hereinafter collectively known as "Lessee", whose address is 2531 Smith Blvd., San Angelo,
Texas 76905, the following property generally described as the Northside Recreation Center
located in Lake View Park at 2722 N. Magdalen, San Angelo, Tom Green County, Texas, and
more particularly described at paragraph number 1. “PREMISES” BELOW.
1. PREMISES.
1.1 The leased premises include the Center building, a two story building of
approximately 7,700 square feet more or less, with a gym, scoreboard and
bleachers, bathrooms with showers, two meeting rooms downstairs, two meeting
rooms upstairs, kitchen area without a stove, office space, storage room, and
without HVAC in the gym. The leased premises include the grounds immediately
surrounding the described building reasonably necessary to its use for the
activities described herein, and includes parking for 30 vehicles and 5
handicapped parking spaces (hereinafter referred to as "Premises" or "Leased
Premises") and more particularly described on Exhibit A attached and made a
part of this Agreement for all purposes.
2. TERM .
2.1 The term of this Lease shall be for three (3) years, beginning March 22, 2011, and
ending on March 22, 2014. Conditioned upon Lessee giving Lessor written
notice 60 days in advance of the expiration of the then current term hereof of
Lessee’s intent to extend the Lease Term, and upon full performance of Lessee’s
obligations pursuant to the terms and conditions of this Lease and Program
Agreement, Lessee shall have the right to extend this Lease term for up to two
additional three year periods, the first such extension being through December 31,
2016, and the second such extension being through December 31, 2019.
3. RENT .
3.1 Am ount. Rental for the Leased Premises shall be the sum of One Dollar ($1.00)
per year, payable in advance, in three year increments conforming to the lease
term.
3.2 Place of Payment. Said payments shall be made to the Purchasing Department of
the City of San Angelo,72 West College, P.O. Box 1751, San Angelo, Texas
76902.
42. 3.3 Additional Consideration. (a) As additional rent, Lessee individually and in
partnership with Project Impact, a Texas non-profit corporation, or with similar
civic organizations, shall continuously provide during the term of this Lease and
Program Agreement services and programs which will serve the Lake View
community and the citizens of San Angelo by meeting the physical, emotional,
and moral needs of service recipients and program participants. The operation of
such services and programs shall be in compliance with all federal, State, and
local law and regulations, and subject to the terms and conditions herein stated.
As between the parties to this Agreement, the operation of such services and
programs shall be the exclusive responsibility of Lessee.
(b) As additional rent Lessee shall, at Lessee’s expense complete certain
improvements to the Leased Premises during the first three year term of this
Lease Agreement to include those improvements as described on Exhibit B
attached and made a part of this Lease agreement for all purposes.
4. USE OF LEASED PREMISES.
4.1 Use . Lessee shall use leased Premises only for activities associated with the
provision of services and programs as described in Section 3.3 above.
4.2 Term ination.
4.2.1 If at any time the Leased Premises and any improvements thereon shall cease to
be used for the purpose specified in Section 3.3, or if the Leased Premises shall be
deserted or vacated, or if Lessee defaults in performance of any other term or
condition of this Lease Agreement, Lessor shall have the right to terminate this
Lease Agreement by giving thirty (30) days written notice to Lessee during which
time Lessee may cure the breach of the Lease Agreement and thereby avoid
termination.
4.2.2 At any time after expiration of the first three year term of this Lease Agreement,
Lessor shall also have the right to terminate this Lease Agreement for any use
deemed more appropriate by the City Council after written notice is given to
Lessee and the elapse of ninety (90) days. If termination occurs under this
provision, Lessee shall have the right to remove only those improvements placed
by Lessee during the current term of this Lease Agreement, provided such
improvements can be removed without damage to Lessor’s property, but in no
event shall Lessor be required to reimburse Lessee for improvements which
remain on the Premises or expenses incurred by Lessee in connection with
removal of the improvements.
5. CONDITION OF LEASED PREMISES.
5.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED,
AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 2 of 17
43. THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS
FOR A PARTICULAR USE.
5.2 Im provements. It is agreed by the parties that Lessee, subject to the prior
approval of the City Council of the City of San Angelo, shall have the right from
time to time at its sole cost and expense, to construct on the Leased Premises such
buildings or structural improvements, and such structural alterations, additions,
and changes therein as Lessee may deemed necessary or convenient for the
purpose of conducting activities relating to the uses described herein.
5.3 Perm its. If Lessee constructs any building or improvement on the leased
property, Lessee shall comply with the terms of this Lease and Program
Agreement, with the Building, Electrical, Mechanical, and Plumbing Codes of the
City of San Angelo as adopted and amended by ordinance, with ordinances of the
City of San Angelo, and with the laws of the State of Texas, so far as one or more
of them may be applicable.
5.4 Maintenance . Lessee agrees, at Lessee’s expense, to keep and maintain any and
all structures in place, erected, or caused to be erected or placed on the Leased
Premises in good and tenantable condition and appearance, and further agrees to
keep said Premises in a neat, clean, and respectable condition by prompt removal
of all trash, litter, debris, and junk, and will keep said Premises cleared of all
objectionable matter.
5.5 Failure to Maintain. In the event Lessee shall fail to keep said Leased Premises
maintained as herein required, as determined in the sole discretion of Lessor, then
the Lessor, after notice to Lessee of the default and providing time to comply as
herein provided, shall have the power and express authority to cause or require
the Premises to be cleaned, cleared, mowed, or repaired, and Lessee expressly
agrees that the cost of any such cleaning, clearing, mowing, or repairing shall be
deemed additional rent, becoming past due thirty (30) days from the date on
which any such work or repair is completed and notice of the amount due is given
to Lessee, past due amounts to accrue interest at the rate of six (6) percent per
annum until paid in full.
6. RESERVATIONS, LIMITATIONS AND CONDITIONS.
6.1 Reservations . Lessor, its agents or assigns, reserves the privilege and right at any
time to execute and deliver valid oil, gas, and other mineral leases upon the
Premises, valid right-of-way easements for gas, oil, or water pipelines, telephone,
cable, electric pole transmission lines, or other utility lines on said Premises, or
any part thereof, and in such event this Lease Agreement shall be subject and
subordinate to the rights, terms and privileges of any such oil, gas, and other
mineral lease or such easements as may have been executed heretofore or
hereafter by Lessor, its agents or assigns.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 3 of 17
44. 6.2 Easem ents. An easement across the Premises is hereby reserved and retained by
Lessor for the purpose of laying sewer and water lines and/or for necessary
rights-of-way for roads, alleys, or other throughways.
6.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease and
Program Agreement, in whole or in part, without the written consent of Lessor.
6.4 No Encumbrances. Lessee shall not have the right to encumber the Leased
Premises without first securing written consent from Lessor given by authority of
the City Council of the City of San Angelo; provided however, this provision
shall not prohibit Lessee from encumbering its personal property which may be
removed from the realty without injury to the realty.
6.5 Lessor's Right to Enter. At all times during the term of the Lease Agreement,
Lessor or its agents shall have the right to enter said Premises during reasonable
hours for the purpose of examining and inspecting the same and determining
whether Lessee shall have complied with all of its obligations hereunder in
respect to all the terms and conditions of this Lease Agreement.
7. DEBTS RELATED TO LEASED PREMISES.
7.1 Taxes . Lessee shall pay and discharge all taxes, general and special assessments,
and other charges of every description which during the term of this Lease
Agreement may be levied on or assessed against the Leased Premises and all
interest therein and all improvements and other property thereon, whether
belonging to Lessor or Lessee, or to which either of them may become liable.
Lessee shall pay all such taxes, charges, and assessments to the public officer
charged with the collection thereof not less than fifteen (15) days before the same
shall become delinquent, and LESSEE AGREES TO INDEMNIFY AND SAVE
HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND
ASSESSMENTS. The provisions of this paragraph shall survive the expiration or
termination of this agreement.
7.2 Incidental Charges. Lessee shall pay or cause to be paid all incidental charges,
including, but not limited to, permit fees incurred in connection with its
operations and use of the Leased Premises.
7.3 Utilities . Lessee shall pay or cause to be paid all charges for water, sewer, gas,
electricity, telephone, trash pick-up, cable, and any and all other utilities or
services used on the Leased Premises throughout the term of this Lease
Agreement, including any connection fees.
8. COVERAGES .
8.1 INDEMNIFICATION AND INSURANCE.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 4 of 17
45. See Exhibit “C” attached hereto and incorporated herein for all purposes.
9. SURRENDER OF PREMISES.
9.1 Restoration . Unless this Lease Agreement is terminated under Section 4.2, in
which case the provisions of 4.2 apply, the Premises and any improvements and
fixtures shall remain the property of Lessor. All improvements and fixtures
restored to possession of Lessor, regardless of how this Lease Agreement is
terminated, shall be in good condition (reasonable wear and tear, acts of nature, or
casualties associated with civil disorders or military activities excepted).
9.2 Delivery . Lessee agrees to promptly and peacefully deliver possession of the
Leased Premises and improvements to Lessor upon termination of this Lease
Agreement.
9.3 Abandoned Property. All items of personal property, remaining in or on the
Leased Premises after the expiration of sixty (60) days following the termination
of this Lease Agreement shall be deemed abandoned by Lessee and shall become
the property of Lessor.
10. MISCELLANEOUS .
10.1 Invalid or Illegal Provisions. If any clause or provision of this Lease and Program
Agreement is illegal, invalid, or unenforceable under present or future laws
effective during the term of this Agreement, then and in that event, it is the intent
of the parties that the remainder of this Agreement shall not be affected. It is also
the intent of the parties to this Agreement that in lieu of each clause or provision
of this Agreement that is illegal, invalid, or unenforceable, there are added as a
part of this Agreement a clause or provision as similar in terms to such illegal,
invalid, or unenforceable clause or provision as may be possible to be legal.
10.2 Terms of the Essence. IT IS UNDERSTOOD AND AGREED BETWEEN THE
PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION AND
RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS
LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE
LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE AGREEMENT.
FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NOT BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE
AGREEMENT.
10.3 Rem edies.
10.3.1 Upon Termination. Any termination of this Agreement shall not relieve
Lessee from the payment of any sum or sums that then shall be due and
payable to Lessor hereunder, or any claim for damages then or theretofore
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 5 of 17
46. accruing against Lessee hereunder, and any such sum or sums or claim for
damages by any remedy provided by law, or from recovering damages
from Lessee for any default thereunder. The provisions of this paragraph
shall survive the expiration or termination of this agreement.
10.3.2 Cum ulative Remedies. All rights, options, and remedies of the parties
contained in this Lease and Program Agreement or otherwise shall be
construed and held to be cumulative, and no one of them shall be
exclusive of the other, and either party shall have the right to pursue any
one or all such remedies or any other remedy or relief which may be
provided by law, whether or not stated in this Agreement. No waiver by
Lessor of a breach of any of the covenants, conditions, agreements, or
restrictions of this Agreement shall be construed or held to be a waiver of
any succeeding or preceding breach of the same or any other covenant,
condition, or restriction herein contained.
10.3.3 Right of Prevailing Party. If any legal action is brought by either of the
parties hereto, it is expressly agreed that the prevailing party in such legal
action shall be entitled to recover from the other party reasonable
attorney's fees in addition to any other relief that may be awarded. For the
purposes of this clause, the prevailing party is the party in whose favor
final judgment is entered. In the event that declaratory or injunctive relief
alone is granted, the court may determine which, if either, of the parties
shall be considered to be the prevailing party. The amount of reasonable
attorney's fees shall be determined by the court, in the trial of such action
or in a separate action brought for that purpose. Attorney's fees awarded
under the provisions of this paragraph shall be in addition to any other
relief that may be awarded
10.4 Notices . Any notice required or permitted to be given to a party under this Agreem ent,
shall be in writing and shall be deem given (i) on the day it is delivered personally
ed
(with receipt); or (ii) the day after it is
deposited with a nationally recognized courier
service for next-day delivery; or (iii) three (3) days after it is deposited in the U.S.
certified mail, postage prepaid, return receipt requested, addressed as follows:
If to Lessor: City of San Angelo
P.O. Box 1751
San Angelo, Texas 76902
Attn: City Manager
If to Lessee: PaulAnn Baptist Church
2531 Smith Blvd.
San Angelo, Texas 76905
Attention:
10.5 Am endments. No modification of this Lease Agreement shall be binding unless it be in
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 6 of 17
47. writing and executed in due form by all of the parties hereto.
10.6 Easements and Restrictions. Lessee takes this Lease and Program Agreement and the
Leased Premises subject to all recorded easements and restrictions affecting the
occupation and use thereof, and subject to all statutes, ordinances, and regulations of
competent governmental authority affecting the occupancy and use thereof, and the
construction and maintenance of improvements thereof.
10.7 Relationship of Lessor and Lessee. The relationship between Lessor and Lessee at all
times shall remain solely that of Landlord and Tenant and shall not be deemed a
partnership or joint venture.
10.8 Headings . The paragraph headings contained herein are for convenience and reference
and are not intended to define, extend, or limit the scope of any provisions of this Lease
Agreement.
10.9 Interpretation/Venue . This Agreement shall be construed in accordance with the laws of
the State of Texas, and all obligations of the parties created hereunder are performable in
Tom Green County, Texas.
10.10 Anti-Discrim ination. Lessee agrees that it will not violate any federal, state, civil rights,
or discrimination laws. A finding of violation of any such laws by a trial court or
appropriate state or federal agency is a material breach of this Agreement which may
result in the termination of the Agreement or such other remedy as Lessor may deem
appropriate.
10.11 Compliance with ADA. Lessee agrees to make any and all displays, events, or activities
on Leased Premises accessible to individuals with disabilities in compliance with the
Americans with Disabilities Act. Lessee further agrees to provide participants with
necessary impairment aids.
10.12 Hold Over. It is distinctly understood and agreed by and between Lessor and Lessee that
any holding over by Lessee of the herein demised Premises after the expiration of this
Lease Agreement shall operate and be construed only as a tenancy from month to month,
terminable at the will of Lessor.
10.13 Entire Agreement. The Lease Agreement constitutes the entire agreement between the
parties hereto, and Lessor is not bound by any agreement, stipulation, or representation
made by any agent, employee, or official of Lessor.
EXECUTED in duplicate originals on this the _____ day of _______________, 2011.
LESSOR
CITY OF SAN ANGELO, Texas
By: __________________________________
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 7 of 17
48. ATTEST: Harold M. Dominguez, City Manager
_____________________________
Alicia Ramirez, City Clerk
THE STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the ______ day of _______________,
2010, by Harold M. Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home
rule municipal corporation on behalf of said corporation.
___________________________________
Notary Public, State of Texas
LESSEE
PAULANN BAPTIST CHURCH
___________________________________
By:
ITS:
THE STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the ______ day of _______________,
2010, by , its of PaulAnn Baptist
Church., a Texas not for profit corporation, on behalf of said corporation.
___________________________________
Notary Public, State of Texas
APPROVED AS TO CONTENT APPROVED AS TO FORM
Carl White, Director of Parks & Rec. Dan T. Saluri, Sr. Asst. City Atty.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 8 of 17
49. EXHIBIT A
LEASE AND PROGRAM AGREEMENT
NORTHSIDE RECREATION CENTER
DESCRIPTION AND MAP
Northside Recreation Center is located at 2722 N. Magdalen Street, City of San Angelo,
Tom Green County, State of Texas. The Recreation Center is located in Northeast side
of Lake View Park.
It is bordered by Magdalen St to the West and Pecan St to the East. The facility has
parking for 30 vehicles and 5 handicapped spaces.
Lessor is responsible for the area within the retaining walls, the entrance drive up
driveway to Center and the area to the North and to the east of the Center
The Center is a 7,700 square feet facility, with a gym (working scoreboard and
bleachers), bathrooms w/showers, two meeting rooms downstairs, two meeting rooms
upstairs, kitchen area, no stove, small office, storage room, and no HVAC in the gym.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 9 of 17
50. EXHIBIT B
EXHIBIT B
LESSEE’S IMPROVEMENTS
Lessee agrees to make the below listed improvements to the Premises, as defined in Par. 1.1 of
the Lease and Program Agreement. The listed improvements are accepted by Lessor as
additional rent as stated in Par. 3.03(b) of the Lease and Program Agreement.
Lessee agrees to complete the following improvements:
1) Air Conditioning System to cool the gymnasium on the Premises;
2) Interior Paint, to be completed prior to the end of the first year following the
effective date of the Lease and Program Agreement; AND,
3) Exterior Paint, to be completed prior to the end of the contract period of the Lease
and Program Agreement.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 10 of 17
51. EXHIBIT C
INSURANCE REQUIREMENTS
1 INDEMNIFICATION .
1.1 GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO
INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS,
BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS,
INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES,
DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY
ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF
CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO
PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR
ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR
IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION,
OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS
OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND
ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR
PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE
PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR
ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS
INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT
AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING
HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND OR
HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED
PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
1.2 ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO
INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS,
BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS,
INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES,
DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY
LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR
PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR
RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S
DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR
LANDFILLED OR ANY CLEANUP ASSOCIATED WITH
ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 11 of 17
52. OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER
CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO
INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL
CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE
ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF
CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS
DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE
FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER
ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR
OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH
INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT
THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN
AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE,
LOSS OR LIABILITY OF ANY KIND.
.1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED
FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS
CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS
OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL
APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS
CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY
(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND
POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY
ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS
CONTRACT.
.1.4 RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN
THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND
ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT
BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY
HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS
BETWEEN CITY AND CONTRACTOR.
1.5 APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION
PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND
ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER
INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR
THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID
WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR
WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS
CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY AND
CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR
LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR
MONITORED.
2 Insurance.
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 12 of 17
53. 2.1General Conditions. The following conditions shall apply to all insurance policies
obtained by Contractor for the purpose of complying with this Contract.
2.1.1 Satisfactory Companies. Coverage shall be maintained with insurers
and under forms of policies satisfactory to City and with insurers
licensed to do business in Texas.
2.1.2 Named Insureds. All insurance policies required herein shall be
drawn in the name of Contractor, with City, its council members,
board and commission members, officials, agents, guests, invitees,
consultants and employees named as additional insureds, except on
Workers’ Compensation coverage.
2.1.3 Waiver of Subrogation. Contractor shall require its insurance
carrier(s), with respect to all insurance policies, to waive all rights of
subrogation against City, its council members, board and commission
members, officials, agents, guests, invitees, consultants and
employees. IT IS THE INTENT OF THE PARTIES THAT
WAIVER OF SUBROGATION RIGHTS BE MUTUAL. CITY
SELF INSURES AND WITH RESPECT THERETO WAIVES ALL
RIGHTS OF SUBROGATION AGAINST LESSEE.
2.1.4 Certificates of Insurance. At or before the time of execution of this
Contract, Contractor shall furnish City’s Risk Manager with
certificates of insurance as evidence that all of the policies required
herein are in full force and effect and provide the required coverages
and limits of insurance. All certificates of insurance shall clearly
state that all applicable requirements have been satisfied. The
certificates shall provide that any company issuing an insurance
policy shall provide to City not less than TEN (10) days advance
notice in writing of cancellation, non-renewal or material change in
the policy of insurance. In addition, Contractor and insurance
company shall immediately provide written notice to City’s Risk
Manager upon receipt of notice of cancellation of any insurance
policy, or of a decision to terminate or alter any insurance policy.
Certificates of insurance and notices of cancellations, terminations or
alterations shall be furnished to City’s Risk Manager at City Hall, 106
S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76902.
2.1.5 Contractor’s Liability. The procurement of such policy of insurance
shall not be construed to be a limitation upon Contractor’s liability or
as a full performance on its part of the indemnification provisions of
this Contract. Contractor’s obligations are, notwithstanding any
policy of insurance, for the full and total amount of any damage,
injury or loss caused by or attributable to its activities conducted at or
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 13 of 17
54. upon the premises. Failure of Contractor to maintain adequate
coverage shall not relieve Contractor of any contractual responsibility
or obligation.
2.1.6 Sub-Contractors’ Insurance. Contractor shall cause each Sub-
Contractor and Sub-Sub-Contractor of Contractor to purchase and
maintain insurance of the types and in the amounts specified below.
Contractor shall require Subcontractors and Sub-subcontractors to
furnish copies of certificates of insurance to Contractor’s Risk
Manager evidencing coverage for each Sub-Contractor and Sub-Sub-
Contractor.
2.2 Types and Amounts of Insurance Required. Contractor shall obtain and
continuously maintain in effect at all times during the term hereof, at Contractor’s
sole expense, insurance coverages as follows with limits not less than those set
forth below:
..TYPES OF COVERAGES - Choose as many as applicable and specify limits of liability..
2.2.1 Commercial General Liability. This policy shall be an occurrence-
type policy and shall protect the Contractor and additional insureds
against all claims arising from bodily injury, sickness, disease or
death of any person (other than the Contractor’s employees) and
damage to property of the City or others arising out of the act or
omission of the Contractor or its agents and employees. This policy
shall also include protection against claims for the contractual
liability assumed by Contractor under the paragraph of this Contract
entitled “Indemnification,” including completed operations, products
liability, contractual coverage, broad form property coverage,
explosion, collapse, underground, premises/operations, and
independent contractors (to remain in force for two years after final
payment). Coverage shall not be less than:
$ 2,000,000.00 General Aggregate
$ 1,000,000.00 Products- Completed Operations
$ 1,000,000.00 Personal & Advertising Injury
$ 1,000,000.00 Each Occurrence
$ 100,000.00 Fire Damage (any one fire)
2.2.2 Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect Contractor and the additional
insureds against all claims for injuries to members of the public and
damage to property of others arising from the use of motor vehicles
and shall cover operation on and off the premises of all motor
vehicles licensed for highway use, whether they are owned, non-
owned or hired. Coverage shall not be less than:
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 14 of 17
55. $ 500,000.00 Combined Single Limit
or
$ 250,000.00 Per person
$ 500,000.00 Per Occurrence
$ 100,000.00 Property Damage
2.2.3 Workers’ Compensation and Employer’s Liability. If Contractor
hires any employees, Contractor shall maintain Workers’
Compensation and Employer’s Liability insurance, which shall
protect the Contractor against all claims under applicable state
workers’ compensation laws and employer’s liability. The insured
shall also be protected against claims for injury, disease or death of
employees which, for any reason, may not fall within the provisions
of a workers’ compensation law. Coverage shall not be less than:
Statutory Amount Workers’ Compensation
$ 100,000.00 Employer’s Liability, Each Accident
$ 100,000.00 Employer’s Liability, Disease – Each Employee
$ 500,000.00 Employer’s Liability, Disease - Policy Limit
The foregoing requirement will not be applicable if, and so long as,
Contractor qualifies as a self-insurer under the rules and regulations
of the commission or agency administering the workers’
compensation program in Texas and furnishes evidence of such
qualification to Lessor in accordance with the notice provisions of
this Contract.
If Contractor uses contract labor, Contractor shall require its
contractor to maintain the above referenced coverage and furnish
copies of certificates of insurance as required herein.
2.2.4. Builders Risk. This policy shall be an all risk type of insurance
covering work performed under this instrument and materials,
equipment or other items to be incorporated into the building, while
the same are located at the construction site, stored off site or stored
at the place of manufacture. The policy shall cover, at a minimum,
losses due to fire, flood, explosion, hail, lightening, vandalism,
malicious mischief, wind, collapse, riot, aircraft and smoke until the
date of final acceptance of work. Coverage shall not be less than:
.....Amount of this is usually the value of the building...
$_Required and the amount to be established if and when Lessee
constructs improvements under the foregoing provisions of this lease.___ Completed Value
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 15 of 17
56. 2.2.5 Professional Liability. This insurance shall include contractual
liability in its coverage, and the coverage under this policy shall
survive the term of this Contract as long as any liability could be
asserted. Coverage shall not be less than:
$ - Not Required -
2.2.6 Um brella Liability. This insurance shall be an occurrence-type policy
and shall protect Contractor and additional insureds against all claims
in excess of the limits provided under all the primary insurance
policies. Coverage shall not be less than:
$___Not Required_______ Combined Single Limit
2.2.7 Liquor Liability. This insurance shall be in comprehensive form and
shall protect the Contractor and the additional insureds against all
claims arising from bodily injury, sickness, disease or death of any
person (other than Contractor’s employees) or damage to the property
of others, which arises out of the sale or distribution of alcoholic
beverages. Coverage shall not be less than:
$__Not Required_________ Combined Single Limit, each
occurrence
2.2.8 Environm ental Liability. This insurance shall be maintained in force
for the full period of this Contract and cover losses caused by
pollution conditions including, but not limited to, any spill,
underground pollution or any other environmental impairment. It
shall apply to bodily injury; property damage, including loss of use of
damaged property or of property that has not been physically injured;
cleanup costs; including, but not limited to, any costs required under
CERCLA; and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims. If coverage is written
on a claims made basis, Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of
this Contract, and continuous coverage will be maintained or an
extended discovery period will be exercised for a period of two (2)
years beginning from the time the Contract has expired. Coverage
shall not be less than:
$ Not Required Per loss
$ Not Required Annual aggregate
2.2.9 Commercial Property Insurance. This insurance shall be an all-risk,
replacement cost, commercial property insurance equal to the value
of all buildings on the Premises. It shall be maintained by Contractor
Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 16 of 17