October 27, City Council Regular Meeting. 7:00 p.m.

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1 October 27, 2009 City Council Regular Meeting 7:00 p.m.

2 FYI

3 FUTURE CITY COUNCIL AGENDA ITEMS November, /10/2009 Special Council Workshop o City Administrator s Briefing o Quarterly Financial Report Regular Council Meeting o Update on Oleander Bridge Project o Update on City Hall Project o Cancellation of Second Regular Meeting in November and December due to Holidays. o Resolution Approving Agreement with JSC for ATM at City Hall o Resolution Approving Contracts for Rental Equipment o Approval of Amendment to Interlocal Agreement for EMS Service with Galveston County o Resolution Approving Donation of Shelving from the Friends of the Library o Ordinance Amending Dickinson EDC Budget December, /08/2009 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o Update on Oleander Bridge Project o Update on City Hall Project o Update on Dickinson Bayou Watershed Committee o Resolution Approving Cash Management Policy o Discussion and Direction on Take Home Vehicle Policy January, /12/2010 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o Resolution Approving Red Flag Policy o First Reading of Ordinance Amending Personnel Policy Workmen s Compensation 01/26/2010 Special Council Workshop Future Agenda Items Page 1 of 2

4 o Quarterly Financial and Investment Report Regular Council Meeting o Update on Dickinson Bayou Watershed Project o Resolution Concerning Encroachment at New City Hall o Second Reading of Ordinance Amending Personnel Policy Workmen s Compensation February, /09/2010 Special Council Workshop o City Administrator s Briefing Regular Council Meeting 02/23/2010 Special Council Workshop Regular Council Meeting o Presentation of Audit and CAFR Future Agenda Items Page 2 of 2

5 REGULAR COUNCIL MEETING

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10 City Council Meeting CALL TO ORDER Invocation Given by: Pledge of Allegiance Given by: Roll Call

11 CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MEETING DATE: October 27, 2009 Regular Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS POS. 1: COUNCILMAN CHARLES SUDERMAN POS. 2: COUNCILWOMAN MARY DUNBAUGH POS. 3: COUNCILMAN WALTER WILSON POS. 4: COUNCILMAN KERRY NEVES POS. 5: COUNCILMAN LOUIS DECKER POS. 6: COUNCILMAN WILLIAM KING MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE: ATTORNEY, Loren B. Smith CITY ADMINISTRATOR, Julie M. Johnston CITY SECRETARY, Carol L. McLemore

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13 PROCLAMATIONS AND ANNOUNCEMENTS NOTES:

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15 PUBLIC COMMENTS NOTES:

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17 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson MINUTES City of Dickinson CITY COUNCIL SPECIAL WORKSHOP MEETING OCTOBER 13, 2009 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on TUESDAY, OCTOBER 13, The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Mayor Masters called the meeting to order at 6:02 p.m. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem William King and Council Members Charles Suderman, Mary Dunbaugh, Walter Wilson, Kerry Neves, and Louis Decker. Also present were City Administrator Julie Johnston, Finance Director Mary Young, Library Director Vicki McCallister and Director of Public Works Kellis George. ITEM 2.) BRIEFING AND DISCUSSION CONCERNING: Work done through NRCS Grant in Dickinson Bayou Tributaries. Director of Public Works Kellis George gave a power point presentation on the work that had been done to clear Hurricane Ike storm debris from the Dickinson Bayou Tributaries. ITEM 3.) DISCUSSION AND DIRECTION CONCERNING: Revisions to Meeting Room Use Policy. City Administrator Julie Johnston reviewed the proposed revisions to the Meeting Room Use Policy with City Council. After some discussion, Council directed that a deposit of $ be required, and that a checklist be developed for cleanup to be used in determining if a deposit would be refunded. Council also directed that wording be added to waive the Room Use fee if a Council member is participating in a meeting and available to secure the facilities being used. Further, Council directed that the Security fee be combined with the Room Use Fee, with the Room Use Fee being $20.00 per room plus $35.00 per hour. ITEM 4.) ADJOURN Councilman Wilson made a motion to adjourn the meeting at 6:29 p.m. Mayor Pro Tem King seconded the motion. October 13, 2009 Council Workshop Minutes Page 1 of 2

18 VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. PASSED, APPROVED AND ADOPTED this the 27 th day of October, Julie Masters, Mayor ATTEST: Carol L. McLemore, City Secretary October 13, 2009 Council Workshop Minutes Page 2 of 2

19 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING OCTOBER 13, 2009 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, OCTOBER 13, The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance Mayor Julie Masters called the meeting to order at 7:00 p.m. Mayor Pro Tem William King gave the Invocation and Councilwoman Mary Dunbaugh led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem William King and Council Members Charles Suderman, Mary Dunbaugh, Walter Wilson, Kerry Neves, and Louis Decker. Also present were City Attorney, Bobby Gervais, City Administrator Julie Johnston, Director of Public Works, Kellis George, Police Chief Ron Morales, Finance Director Mary Young, Fire Marshal, Norman Hicks, Court Administrator Irma Rivera, Library Director Vicki McCallister, Building Official Kevin Byal and Police Captain Melvin Mason. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Council commented on the following topics: Welcome to everyone present and thanks for coming Fill the Bus Food Drive for M. I. Lewis Social Services Center Dickinson High School Football Game National Night Out Congratulations to Dickinson Police Department and the F.B.I. on the solving of the Jennifer Schuett Abduction Case Dickinson Historical Society Membership Reception Dickinson High School sponsoring UIL Region 17 Marching Band Competition on October 28 and the need for volunteers to help. 84 th Birthday of Margaret Thatcher Thanks to the press for the handling of the red light camera issues DHS Football Helmet to be on Display at the new Cowboy s Football Stadium Introduction of Keith and Holly Lilly, new owners of Dickinson Barbeque October 13, 2009 Regular Council Minutes Page 1 of 11

20 Keep Dickinson Beautiful clean up of gazebo area on October 24, National Make a Difference Day Dickinson Bayou Watershed Committee Meeting held on Monday, October 12 Work beginning on Festival of Lights ITEM 3.) PUBLIC COMMENTS: Karen Post, th Street East, passed out information on extermination of crazy ants. ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items were considered routine by the City Council and were enacted by one motion. There was not a separate discussion on these items. A. Approval of Minutes of Special Council Workshop of September 22, B. Approval of Minutes of Regular Council Meeting of September 22, C. Award of Competitive Sealed Bid # for Construction Equipment Rental to R.B. Everett & Co. for a Cat 312 Excavator, a Cat 320 Excavator and a Cat SS250B Soil Stabilizer and to Hertz Equipment Rental for a Cat D4C Bulldozer, a Cat D5C Bulldozer and a 2,000 Gallon Water Truck for Fiscal Year D. Award of Competitive Sealed Bid Number 2010-PD-01 for Five (5) New 2010 Police Package Vehicles to McRee Ford for a Total Amount Not to Exceed $109, E. Award of Competitive Sealed Bid Number 2010-PD-02 for One (1) New 2010 Full-Sized ½ Ton Extended Cab Truck to Helfman Ford in an Amount Not to Exceed $17,999. F. Award of Competitive Sealed Bid Number 2010-CD-01 for Two (2) New 2010 Full-Sized ½ Ton Extended Cab Trucks to Helfman Ford in an Amount Not to Exceed $35,998. G. Approval of Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NUMBER AND THE MASTER FEE SCHEDULE OF THE CITY WITH REGARD TO INCLUDE FEES FOR MINOR AND ADMINISTRATIVE PLATS; AND PROVIDING AN EFFECTIVE DATE. October 13, 2009 Regular Council Meeting Minutes Page 2 of 11

21 H. Approval of Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, PROVIDING FOR THE APPOINTMENT OF A CITY AUDITOR; APPROVING AN ENGAGEMENT LETTER BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND NULL-LAIRSON, P.C. TO PERFORM AN AUDIT OF THE FINANCIAL STATEMENTS OF THE CITY OF DICKINSON FOR FISCAL YEARS AND ; AUTHORIZING EXECUTION OF THE ENGAGEMENT LETTER BY THE MAYOR; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. I. Approval of Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON AND DICKINSON MANAGEMENT DISTRICT NO. 1 FOR THE PROVISION OF SERVICES BY THE CITY OF DICKINSON TO DICKINSON MANAGEMENT DISTRICT NO. 1 FOR FISCAL YEAR ; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. J. Approval of Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING RATIFICATION OF THE UNANIMOUS SETTLEMENT AGREEMENTS IN PUBLIC UTILITY COMMISSION OF TEXAS DOCKET NOS AND REGARDING CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC'S APPLICATIONS FOR APPROVAL OF HURRICANE RESTORATION COSTS AND A FINANCING ORDER AUTHORIZING SECURITIZATION OF SUCH COSTS; AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. K. Approval of Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AMENDMENT NO. 1 TO PROJECT AGREEMENT BETWEEN CITY OF DICKINSON, TEXAS AND THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCE CONSERVATION SERVICE TO INSTALL EMERGENCY WATERSHED PROTECTION MEASURES TO RELIEVE HAZARDS CREATED BY HURRICANE IKE IN CERTAIN TRIBUTARIES OF DICKINSON BAYOU WITHIN THE CITY LIMITS OF DICKINSON TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; AUTHORIZING EXECUTION OF AMENDMENT NO. 1 BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. City Administrator Julie Johnston asked that Item C be removed from the Consent Agenda and reconsidered at a later date. Mayor Pro Tem King October 13, 2009 Regular Council Meeting Minutes Page 3 of 11

22 made a motion to approve Items A, B, D, E, F. G. H, I, J and K on the Consent Agenda. Councilman Wilson seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. OLD BUSINESS ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: City Hall/Library Project including the following items: A. Approval of HVAC System Air and Water Balancing Services by Mesah Commissioning in an Amount Not to Exceed $15, Fire Marshal Norman Hicks appeared before Council to discuss the two bids that were received for HVAC System Air and Water Balancing services. He noted that there may be some additional funds required if materials or parts are needed for the balancing, but the additional amount should be minimal. After some discussion, Councilwoman Dunbaugh made a motion to approve the quote of Mesah Commissioning in an amount not to exceed $16, The motion died for lack of a second. Councilman Neves made a motion to approve the quote of Mesah Commissioning in an amount not to exceed $15, Councilman Wilson seconded the motion. VOTE: 4 AYES (Dunbaugh, Wilson, Neves and King) 2 NAYS (Suderman and Decker) MOTION PASSED. B. Update on TxDOT Landscaping City Administrator Julie Johnston gave a brief update on the landscaping to be done by TxDOT and noted that, because of the weather and delays on the Lake Jackson and Angleton projects, the work in Dickinson would probably not begin until mid-november. C. Update on Electronic Card Swipe Installation Fire Marshal Norman Hicks noted that everything was in place and the doors were working. He said that everyone would be contacted to have their picture made and the access cards processed. October 13, 2009 Regular Council Meeting Minutes Page 4 of 11

23 D. Review of Analysis of Funds The City Administrator reviewed the analysis of funds with City Council. Mayor Pro Tem King left the meeting at 7:20 p.m. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Public Works Projects A. Oleander Bridge Project B. Sunset Drive Construction Project C. County Clearing of Dickinson Bayou NRCS Grant/Hurricane Ike Director of Public Works, Kellis George gave a brief report on the Public Works Construction Projects. ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Appeal of Building Standards Commission s Order to Demolish Structure at 3608 Oak by Phillip Barbaria. Sam Finnegan, Attorney for Phillip Barbaria, appeared before City Council representing Mr. Barbaria. Mr. Finnegan explained the reasons for the delays and asked that Council give Mr. Barbaria additional time to complete the work on the structure at 3608 Oak. Jim K. Shroff, JSA Consulting, provided a report on the structure and the work that still needs to be done to bring it into compliance. Building Official Kevin Byal gave a brief history of the project and the reasons for the Building Standards Commission s decision to condemn the property and order it for demolition. Herman Gana, Chair of the Building Standards Commission, also addressed Council regarding the demolition order issued by the Building Standards Commission. Douglas Cable, Jason Williams and Matthew Guthrie spoke on behalf of Mr. Barbaria and asked Council s consideration in allowing Mr. Barbaria more time to complete the work on the property. Larry Tindel informed City Council that more than $18,000 in back taxes are owed on the property. After much discussion, Councilman Neves made a motion to uphold the demolition order issued by the Building Standards Commission. Councilman Suderman seconded the motion. VOTE 5 AYES (Suderman, Dunbaugh, Wilson, Neves and Decker) 0 NAYS MOTION PASSED. October 13, 2009 Regular Council Meeting Minutes Page 5 of 11

24 ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, SO AS TO REZONE ± ACRES OF LAND ON LOT EIGHTEEN (18) OF BLOCK SEVEN (7) OF THE WEEKES ADDITION, A SUBDIVISION IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 297, PAGE 127 MORE COMMONLY KNOWN AS TH STREET FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL COMMERICAL (GC), GENERALLY LOCATED ON THE SOUTH SIDE OF 45 TH STREET BETWEEN ILLINOIS STREET AND NEVADA STREET; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Second of three readings). Mayor Pro Tem King returned to the meeting at 8:20 p.m. Mayor Masters read the ordinance by caption only. Councilman Suderman made a motion to adopt Ordinance Number on second and final reading, suspending the third reading. Councilwoman Dunbaugh seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT NUMBER (SUP ) SO AS TO ALLOW THE USE OF USED AUTOMOTIVE SALES ON ±0.876 ACRES OF LAND ON LOTS 133 AND 134, OF DICKINSON ADDITION D, A SUBDIVISION IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 155, PAGE 10 MORE COMMONLY KNOWN AS 223 FM 517 WEST, AND GENERALLY LOCATED ON THE NORTHSIDE OF FM 517 WEST AND EAST OF BORDEN GULLY DRIVE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, PRESENTLY ZONED GENERAL COMMERCIAL; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED October 13, 2009 Regular Council Meeting Minutes Page 6 of 11

25 $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Councilman Wilson made a motion to adopt Ordinance Number on second and final reading, suspending the third reading. Councilman Decker seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT NUMBER (SUP ) SO AS TO ALLOW THE USE OF A PUBLIC EDUCATION SUPPORT CENTER ON ±8.833 ACRES OF LAND ON LOT 185 (185-1), OF DICKINSON ADDITION D, A SUBDIVISION IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 155, PAGE 10 MORE COMMONLY KNOWN AS 2218 FM 517 EAST, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FM 517 EAST AND TIMBER DRIVE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, PRESENTLY ZONED CONVENTIONAL RESIDENTIAL; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Councilman Wilson made a motion to adopt ordinance number on second final reading, suspending the third reading. Councilman Suderman seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, October 13, 2009 Regular Council Meeting Minutes Page 7 of 11

26 TEXAS AMENDING SECTION 6, PLAT REQUIREMENTS AND PROCEDURES, OF APPENDIX A, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS, BY THE ADDITION OF A NEW SUBSECTION D AND SUBSECTION E TO PROVIDE FOR AMENDING AND ADMINISTRATIVE PLATS AND ESTABLISHING PROCEDURES THEREFOR; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $ FOR EACH DAY OF VIOLATION HEREOF; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Mayor pro tem king made a motion to adopt ordinance number on second and final reading, suspending the third reading. Councilman Suderman seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SUBSECTION (a) OF SECTION 5-02, BUILDING STANDARDS COMMISSION CREATED, OF CHAPTER 5, BUILDINGS, OF THE CODE OF ORDINANCES TO PROVIDE THAT REGULAR AND ALTERNATE MEMBERS OF THE BUILDING STANDARDS COMMISSION ARE TO BE APPOINTED BY THE CITY COUNCIL; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Councilman Wilson made a motion to adopt Ordinance Number on second and final reading, suspending third reading. Mayor Pro Tem King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING THE FIRST PARAGRAPH OF SUBSECTION (b) OF SECTION 18-14, PLANNING AND ZONING COMMISSION, OF CHAPTER October 13, 2009 Regular Council Meeting Minutes Page 8 of 11

27 18, ZONING, OF THE CODE OF ORDINANCES TO PROVIDE THAT REGULAR AND ALTERNATE MEMBERS OF THE PLANNING AND ZONING COMMISSION ARE TO BE APPOINTED BY THE CITY COUNCIL; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Councilman Decker made a motion to adopt Ordinance Number on second and final reading, suspending third reading. Councilman Wilson seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. NEW BUSINESS ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Request from Bruce Henderson, 5429 Thornwood, concerning overgrown drainage ditch adjacent to his property. Bruce Henderson, 5329 Thornwood, appeared before City Council and presented pictures of his yard and the erosion problem he is having at the rear of his property because of a drainage ditch. He outlined the steps he has taken to try to control the erosion and told Council that nothing has helped. After some discussion, Mayor Masters informed Mr. Henderson that staff would look at the problem and consult with the City s engineer to develop a solution to the problem. ITEM 15.) PUBLIC HEARING Concerning Possible Implementation of Proposed Red Light Camera Program Within the City of Dickinson. Mayor Masters opened the public hearing at 8:46 p.m. Brenda Boyce, 4719 East 38 th Street spoke in favor of a red light camera program. The following spoke in opposition to the red light cameras: Ed Moroney, 1001Rosewood Joseph Gray, Power Field Services Jim Ash, College Station, Texas Jason Williams, Austin, Texas Richard Ash, 5911 Santa Fe Circle October 13, 2009 Regular Council Meeting Minutes Page 9 of 11

28 David Jackson of ATS responded to several comments made regarding the red light camera program. City Council members responded individually with their comments on the red light cameras and no one indicated a willingness to pursue such a program at this time. Mayor Masters recessed the Public Hearing at 9:40 p.m. and said that there would be no further consideration of a red light camera program. ITEM 16.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Appointment of One Council Member to City s Investment Committee. Councilman Wilson made a motion to appoint Kerry Neves to the City s Investment Committee. Councilwoman Dunbaugh seconded the motion. VOTE: 5 AYES (Suderman, Dunbaugh, Wilson, Decker and King) 1 NAY (Neves) MOTION PASSED. ITEM 17.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon s Texas Codes annotated, in accordance with the authority contained in: A. Section Consultation with Attorney regarding potential or contemplated litigation or a matter in which the duty of the City Attorney requires to be discussed in closed meeting. 1. Status of Negotiations with Dickinson Volunteer Fire Department. Mayor Masters reported that the Executive Session would not be held. ITEM 18.) RECONVENE ITEM 19.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session. ITEM 20.) ADJOURN Councilman Decker made a motion to adjourn the meeting at 9:45 p.m. Councilman Wilson seconded the motion. October 13, 2009 Regular Council Meeting Minutes Page 10 of 11

29 VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. PASSED, APPROVED AND ADOPTED this the 27 th day of October, ATTEST: Julie Masters, Mayor Carol L. McLemore City Secretary October 13, 2009 Regular Council Meeting Minutes Page 11 of 11

30 Dickinson City Council Agenda Item Data Sheet MEETING DATE October 27, 2009 TOPIC BACKGROUND RECOMMENDATION Award of Competitive Sealed Bid # for Construction Equipment Rental to R.B. Everett & Co. for a Cat 312 Excavator, a Cat 320 Excavator and a Cat SS250B Soil Stabilizer and to Hertz Equipment Rental (R. Eldredge Guidroz) for a Cat D4C Bulldozer, a Cat D5C Bulldozer and a 2,000 Gallon Water Truck for Fiscal Year The City of Dickinson opened competitive sealed bids for the annual Construction Equipment Rental bid (Competitive Sealed Bid # ) on September 29, 2009, at approximately 10:10 a.m. The pieces of equipment that were awarded are the ones that are rented on a regular basis. Bids on the other pieces of equipment are obtained just in case we ever need them. We received five bids and they have been reviewed and qualified. R.B. Everett & Co. is the lowest bidder on a Cat 312 Excavator, a Cat 320 Excavator and a Cat SS250B Soil Stabilizer. Hertz Equipment Rental (R. Eldredge Guidroz) is the lowest bidder on a Cat D4C Bulldozer, a Cat D5C Bulldozer and a 2,000 Gallon Water Truck. Staff recommends that Council award Competitive Sealed Bid No for Construction Equipment Rental to R.B. Everett & Co. and Hertz Equipment Rental (R. Eldredge Guidroz) as outlined above. ATTACHMENTS Copy of Bid Packet for Construction Equipment Rental (Competitive Sealed Bid # ) Bid Tabulation Sheet FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Kellis George, Public Works Director APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

31 COMPETITIVE SEALED BID # CONSTRUCTION EQUIPMENT RENTAL BID OPENING DATE: SEPTEMBER 29, 2009 COMPETITIVE SEALED BID # CONSTRUCTION EQUIPMENT RENTAL BID OPENING DATE: SEPTEMBER 29, 2009 BID TABULATION SHEET Bids closed at 10:00 A.M. on the 29 th day of September Present at the bid opening were: Director of Public Works, Kellis George, City Secretary Carol McLemore, and Assistant to Public Works Director, Ana Garcia. Bids were as follows: Item 1: Cat 312 Excavator or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $ $1, $3, Hertz Equipment Rental (Anthony Gonella) $ $1, $3, R.B. Everett & Co. $ $ $2, Hertz Equipment Rental (R. Eldredge Guidroz) $ $ $3, Neff Rental Inc. $ $1, $3, Item 2: Cat 320 Excavator or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $1, $1, $4, Hertz Equipment Rental (Anthony Gonella) $ $1, $4, R.B. Everett & Co. $ $1, $3, Hertz Equipment Rental (R. Eldredge Guidroz) $ $1, $4, Neff Rental Inc. $ $1, $4, Item 7: Cat D4C Bulldozer or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $ $1,270 $2, Hertz Equipment Rental (Anthony Gonella) $ $ $2, R.B. Everett & Co. No Bid No Bid No Bid Hertz Equipment Rental (R. Eldredge Guidroz) $ $ $2, Neff Rental Inc. $ $1, $2,750.00

32 Item 8: Cat D5C Bulldozer or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $1, $1, $3, Hertz Equipment Rental (Anthony Gonella) $ $1, $3, R.B. Everett & Co. No Bid No Bid No Bid Hertz Equipment Rental (R. Eldredge Guidroz) $ $ $2, Neff Rental Inc. $ $1, $3, Item 32: 2,000 Gallon Water Truck Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. No Bid No Bid No Bid Hertz Equipment Rental (Anthony Gonella) $ $ $1, R.B. Everett & Co. No Bid No Bid No Bid Hertz Equipment Rental (R. Eldredge Guidroz) $ $ $1, Neff Rental Inc. $ $ $2, Item 34: Cat SS250B Soil Stabilizer or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $2, $4, $13, Hertz Equipment Rental (Anthony Gonella) No Bid No Bid No Bid R.B. Everett & Co. $ $2, $8, Hertz Equipment Rental (R. Eldredge Guidroz) No Bid No Bid No Bid Neff Rental Inc. No Bid No Bid No Bid Item 35: Bomag Model 100 Soil Stabilizer or Equivalent Company Name Bid: Day Bid: Week Bid: Month Hi-Way Equipment Co. $2, $4, $13, Hertz Equipment Rental (Anthony Gonella) No Bid No Bid No Bid R.B. Everett & Co. $2, $5, $15, Hertz Equipment Rental (R. Eldredge Guidroz) No Bid No Bid No Bid Neff Rental Inc. No Bid No Bid No Bid COMPETITIVE SEALED BID # CONSTRUCTION EQUIPMENT RENTAL BID OPENING DATE: SEPTEMBER 29, 2009

33 COMPETITIVE SEALED BID CITY OF DICKINSON, TEXAS CONSTRUCTION EQUIPMENT RENTAL COMPETITIVE SEALED BID # BID OPENING DATE: SEPTEMBER 29, 2009

34 COMPETITVE SEALED BID # SCHEDULE SUMMARY Friday September 4, 2009 Bid Documents Released and 1 st Legal Advertising for Bid Tuesday September 11, nd Legal Advertising for Bid Tuesday September 29, :00 am 10:10 am Deadline for Submission of Bids Opening of Bids Tuesday October 13, 2009 City Council Award of Bid Note: This schedule is preliminary and may be modified at the discretion of the owner. COMPETITIVE SEALED BID # Page 2 CONSTRUCTION EQUIPMENT RENTAL

35 COMPETITIVE SEALED BID # CONSTRUCTION EQUIPMENT RENTAL INVITATION TO BID The City of Dickinson is accepting Competitive Sealed Bids for an annual contract for Construction Equipment Rental. BIDS MUST BE RECEIVED BY THE CITY SECRETARY OF THE CITY OF DICKINSON NO LATER THAN 10:00 A.M. ON TUESDAY, SEPTEMBER 29, NO BID WILL BE ACCEPTED AFTER THAT DATE AND TIME. ALL BIDS RECEIVED AFTER THAT DATE AND TIME WILL BE CONSIDERED UNRESPONSIVE. BIDS WILL BE PUBLICLY OPENED AND READ AT THE DICKINSON CITY HALL LOCATED AT 4403 HIGHWAY 3, DICKINSON, TEXAS ON SEPTEMBER 29, 2009, AT 10:10 A.M. Bid documents may be downloaded from the Purchasing Page of the City of Dickinson s website at or obtained in person at Dickinson City Hall, 4403 Highway 3, Dickinson, Texas. Minority and small business vendors or contractors are encouraged to submit bids on any and all City of Dickinson projects. All bids submitted for City consideration must be clearly marked on the outside of the sealed envelope with the words Competitive Sealed Bid # , Construction Equipment Rental, Attention: Carol McLemore, City Secretary, and must contain the name of the company submitting the bid. The City reserves the right to reject any or all bids and waive any or all irregularities or to proceed otherwise when in the best interest of the City. Bids shall be valid for a period of sixty (60) days from the date bids are opened. 1 st Advertisement: Galveston Daily News, September 4, nd Advertisement: Galveston Daily News, September 11, 2009 COMPETITIVE SEALED BID # Page 3 CONSTRUCTION EQUIPMENT RENTAL

36 INSTRUCTIONS TO BIDDERS READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS STATED HEREIN. THE INSTRUCTIONS AND CONDITIONS APPLY TO ALL BIDS/PROPOSALS AND BECOME A PART OF THE TERMS AND CONDITIONS OF ANY BID/PROPOSAL SUBMITTED AND ANY AGAREEMENT ENTERED INTO SUBSEQUENT THERETO, UNLESS EXCEPTION IS TAKEN IN WRITING BY BIDDER WHEN SUBMITTING BID. 1. BIDS, PREPARATION AND SUBMITTAL Bidders must utilize the Bid Form and must submit an original and one (1) copy of the sealed bid/written quote/proposal to the City Secretary prior to the response due date and time as described in the Invitation to Bidders. Failure to submit the additional copy may result in the bid being declared unresponsive to specification and may not be further evaluated. All figures must be written in ink or typed. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted and initialed in ink by the person signing the Bid Form. No oral, telegraphic, telephonic, ed or facsimile bids will be considered. All bids must be submitted in a sealed envelope. Bidders must provide all documentation required with the bid response. Failure to provide this information may result in rejection of bid. For additional instructions related to Bid Preparation, please see the General Conditions of Bidding contained herein. If you do not wish to bid at this time, but wish to remain on the bid list for this service or commodity, please submit a No Bid by the same time and date at the same location as stated for bidding. If you wish to be removed from the bid list, or changed to the bid list for another commodity, please advise us in writing. 2. INTENT OF BID DOCUMENTS Bidders should fully inform themselves as to all conditions and matters which can in any way affect the costs thereof. Should a bidder find discrepancies in, or omission from, the bid documents, or should there be any doubt as to their meaning and intent they should notify the City at once and obtain clarification prior to submitting a bid. The submission of a bid by Bidder shall be conclusive evidence that the Bidder is fully acquainted and satisfied as to character, quality and quantity of equipment to be furnished. 3. DELIVERY OF BIDS Bids received prior to the time of the opening will be kept securely unopened. Bids received after the time specified in the Invitation to Bid shall be considered late and shall be returned unopened. The person whose duty it is to open the bids will decide when the specified time has arrived for the opening of the bids. No responsibility will be attached to an officer of the City for the premature opening of a bid not property addressed and identified. No oral, telegraphic, telephonic, ed or facsimile bids will be considered COMPETITIVE SEALED BID # Page 4 CONSTRUCTION EQUIPMENT RENTAL

37 4. SIGNATURES All bid responses are required to be signed by an authorized representative of the bidding entity. Bid responses received unsigned will result in the bid being declared unresponsive to specification and may not be further evaluated. 5. BID ALTERATION/WITHDRAWAL Bids cannot be altered or amended after the submission deadline. The signer of the bid, guaranteeing authenticity, must initial any interlineations, alteration, or erasure made before bid opening time. Bids may be withdrawn by written request signed by the bidder prior to the time fixed for bid opening; however, such written request must be received by the City in the normal course of business and prior to the time fixed for bid opening. Negligence on the part of the bidder in preparing the bid represents no right for withdrawal after the bid is opened. No bids may be withdrawn for a period of sixty (60) calendar days after opening of the bids. 6. DISQUALIFICATIONS OF BIDDERS The bidders may be disqualified and their bids and proposals not considered for the following reasons, including, but not limited to: Reason for believing collusion exists between bidders. The bidder being an interested party in any litigation against the City. Failure to use the Bid Form furnished by the City. Failure to comply with any of the requirements contained herein. Lack of signature by an authorized representative on the Bid Form. Failure to properly complete the Bid Form. Bidder is indebted to the City. 7. BID OPENINGS All bids submitted will be opened publicly in the City Hall Council Chambers, at the date and time shown in the Invitation to Bidders. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Dickinson Purchasing Guidelines, and project documents, including, but not limited to, the project specifications and contract documents. The city will notify the successful bidder upon award of the contract, and, according to State law, all bids received will be available for inspection at that time, unless otherwise provided by law. 8. BASIS OF AWARD COMPETITIVE SEALED BID # Page 5 CONSTRUCTION EQUIPMENT RENTAL

38 It is the intent of the City to award the Contract to the bidder(s) submitting the most efficient and/or most economical for the City. It shall be based on all factors, which have a bearing on price and performance of the items in the user environment. All bids are subject to re-tabulation. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids The City of Dickinson reserves the right to contact any offeror, or at any time, to clarify, verify or request information with regard to any bid. Unless stipulated in the attached bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods and services specified herein at the best value for the City of Dickinson in compliance with Section of the Texas Local Government Code. The City reserves the right to waive any formality or irregularity, to make awards to more than one offeror, or to reject any or all bids. 9. BID TABULATION Bidders desiring a copy of the bid tabulation may request it by enclosing a self-addressed, stamped envelope with the bid. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. You may also download a copy on the City of Dickinson s website from the Purchasing Page at PROTESTS All protests regarding the bid solicitation process must be submitted in writing to the City within five (5) working days following the opening of the bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Texas Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Administrator within five (5) days of the staff recommendation memo. Unless otherwise provided by law, all staff recommendations will be made available for public review prior to consideration by the City Council. COMPETITIVE SEALED BID # Page 6 CONSTRUCTION EQUIPMENT RENTAL

39 GENERAL CONDITIONS OF BIDDING This Bid does not commit the City of Dickinson to award a contract or to pay any costs incurred as a result of preparing such a response. The City reserves the right to accept or reject any and all responses received in response to this request, to negotiate with all qualified respondents or to cancel in part or in its entirety this Bid if it is in the best interest of the City. A contract based on the awarded bid will be executed. This should be considered and reflected in the proposal. BIDDING 1. PRICING: Price(s) quoted must be held firm for a minimum of ninety (90) days from the date of bid closing. In the case of estimated requirement contract bid, the prices must remain firm for the period as specified in the bid. Discount from list bids are not acceptable unless specifically requested in the bid. 2. QUANTITIES: In the case of estimated requirements contract bid, quantities appearing are estimated as realistically as possible. However, the City reserves the right to increase, decrease or delete any item or items of material to be furnished while continuing to pay the price quoted on this bid regardless of quantity. The successful bidder shall have no claim against the City for anticipated profits for the quantities called for, diminished, or deleted. 3. ERROR-QUANTITY: Bids must be submitted on units of quantity specified, extended, and show total. In the event of discrepancies in extension, the unit prices shall govern. 4. F.O.B./DAMAGE: Quotations shall be bid freight on board (F.O.B.) delivered to the designated job site in Dickinson, Texas and shall include all delivery and packaging costs. The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. 5. DELIVERY PROMISE-PENALTIES: Bids MUST show the number of calendar days required to place the material in the possession of the City. Do not quote shipping dates. When delivery delay can be foreseen, the bidder shall give prior written notice to the City, who shall have the right, in its sole discretion, to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting bidder. 6. DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid/proposal specifications is descriptive, not restrictive. It is to be used to indicate the type and quality desired. Qualifications on items of like quality will be considered. 7. EXCEPTIONS/SUBSTITUTIONS: All submittals meeting the intent of this bid/request for proposal will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the qualifications. The absence of such a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict accordance with the specifications of the invitation. The City of Dickinson reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City. COMPETITIVE SEALED BID # Page 7 CONSTRUCTION EQUIPMENT RENTAL

40 8. PROPRIETARY INFORMATION: If a bid/proposal contains proprietary information, the respondent must declare such information as proprietary if respondent does not want information to become public. Any proprietary information must be indicated in the index and clearly identified in the qualifications. 9. CORRESPONDENCE: This bid number must appear on ALL correspondence, inquiries, bid submittal documents, etc. pertaining to this Invitation for Bid. 10. ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Dickinson Director of Public Works. An attempt will be made to mail, fax, or any addenda to all who are known to have received a copy of this Invitation for Bid. Bidders shall acknowledge receipt of all addenda in the designated area on the bid document. It is the responsibility of the bidder to ensure receipt of all addenda and to include the changes in this bid document. 11. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City. 12. INQUIRIES: Any inquiries concerning the bid documents shall be addressed to Kellis George, Director of Public Works, by telephone (281) or kgeorge@ci.dickinson.tx.us. Any attempt on the part of a bidder or his representative to contact an elected official regarding this bid or its award will disqualify the bidder. PERFORMANCE 13. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder s responsibility. A prospective bidder must meet the following requirements: A. Have adequate financial resources, or the ability to obtain such resources as required; B. Be able to comply with the required or proposed delivery schedule; C. Have a satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible, as determined by the City, to receive an award. The City may request representation and other information sufficient to determine bidder s ability to meet these minimum standards listed above. 14. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City. 15. SPECIFICATION-SAMPLES: Any catalog, brand name, or manufacturer s reference used is considered to be descriptive, not restrictive, and is indicative of the type and quality the City desires to purchase. Bids on brands of like nature and quality may be considered unless specifically excluded. If bidding on other than reference, bid must certify article offered is equivalent to specifications and it is subject to approval by the using department and the COMPETITIVE SEALED BID # Page 8 CONSTRUCTION EQUIPMENT RENTAL

41 Purchasing Division. Samples, if required, shall be furnished free of expense to the City. SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED. 16. TESTING: An agent so designated by the City, without expense to the City, may perform testing at the request of the City or any participating entity. 17. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage-free shipment and storage. 18. DELIVERY: Deliveries will be acceptable only during normal working hours at the designated City Municipal Facility or Job Site. The place of delivery shall be set forth in the purchase order. The terms of this agreement are no arrival, no sale. 19. TITLE AND RISK OF LOSS: The title and risk of loss of goods shall not pass to the City until the City actually receives and takes possession of the goods at the point(s) of delivery. 20. PATENT RIGHTS: The Bidder agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied. 21. ETHICS: The respondent shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Dickinson. PURCHASE ORDERS AND PAYMENT 22. PURCHASE ORDERS: A purchase order(s) shall be generated by the City to the successful bidder. The purchase order number must appear on all itemized invoices and packing slips. The City will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received. 23. BID SECURITY/BOND REQUIREMENTS: If required, bid security shall be submitted with bids. Any bid submitted without bid bond, or cashiers/certified check, shall be considered nonresponsive and will not be considered for award. Performance and/or payment bonds, when required, shall be submitted to the City, prior to commencement of any work pursuant to the agreement provisions. 24. APPROPRIATION CLAUSE: The City of Dickinson is a Texas home-rule municipal corporation operated and funded on an October 1 to September 30 basis. Accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available. 25. TAXES: The City is exempt from Federal Manufacturer s Excise, and State sales taxes. TAX MUST NOT BE INCLUDED IN BID PRICING. Tax exemption certificates will be executed by the City and furnished upon request by the Director of Finance. 26. PAYMENT TERMS: Payment terms are Net 30 upon receipt and acceptance by the City for item(s) and/or service(s) ordered and delivered after receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Prompt payment discounts may be used by the City in determining the lowest responsible bidder. Successful respondent is required to pay subcontractors within ten (10) days of work performed. COMPETITIVE SEALED BID # Page 9 CONSTRUCTION EQUIPMENT RENTAL

42 27. INVOICES: Invoices must be submitted by the successful bidder in duplicate to the City of Dickinson, Finance Department, 4403 Highway 3, Dickinson, Texas CONTRACT 28. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract bid, the contract shall be for a predetermined period as specified in the Invitation for Bids. If a clause for option to renew for additional period(s) is(are) included, renewal(s) will be based solely upon the option and written agreement between both the City and the Contractor. Either party dissenting will terminate the contract in accordance with its initial specified term. 29. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices to all entities that have entered into or will enter into joint purchasing Interlocal Cooperation Agreements with the City. The City has executed Interlocal Agreements, as permitted under Section of the Texas Government Code with certain other governmental entities in Galveston County authorizing participation in a cooperative purchasing program. The successful bidder may be asked to provide products/services, based upon bid price, to any other participant in which the City has entered into an Interlocal Agreement for purchasing. 30. AUDIT: The City reserves the right to audit the records and performance of successful bidder during the term of the contract and for three (3) years thereafter. 31. SUCCESSFUL BIDDER SHALL: Defend, indemnify and save harmless the City and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, actions or other claims of any character, name and description brought for or on account of any injuries, including death, or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, officer, director, representative, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgment with cost which may be obtained against the City and participating entities growing out of such injury or damages. 32. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to: (1) meet delivery schedules; or (2) otherwise performs in accordance with these specifications. In the event the successful respondent shall fail to perform, keep or observe any of the terms and conditions to be performed, kept or observed, the City of Dickinson shall give the successful respondent written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the City within seven (7) working days of receipt of such notice by the successful respondent, default will be declared and all the successful Respondent s rights shall terminate. Respondent, in submitting this bid, agrees that the City of Dickinson shall not be liable to prosecution for damages in the event that the City declares the respondent in default. Breach of contract or default authorizes the City to, among other things, award to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. COMPETITIVE SEALED BID # Page 10 CONSTRUCTION EQUIPMENT RENTAL