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Home My WebLink About01/24/2013 - Regular Agenda Packet - City CouncilTable of Contents Agenda 3 Consent No. 2a - Minutes Coversheet revised 7 Workshop 8 Regular 14 Consent No. 2b - Contract for Adamson Lagoon Re-plaster and Other City Pool Repairs Contract #13-064 Coversheet Revised 21 #2 - Bid Tabulation Aquatec 13-064 22 Consent No. 2c - Viridiun Organic Waste Collection Franchise Agreement - 2nd Reading and Final Coversheet revised 23 Franchise Ordinance 24 Consent No. 2d - Budget Roll-Off Services Residential Construction and Demolition Debris Collection Franchise Agreement Coversheet revised 44 Franchise Ordinance 45 Consent No. 2e - Brannon Industrial Group Commercial and Multifamily Recycling Collection Franchise Agreement Coversheet revised 69 Franchise Ordinance 70 Consent No. 2f - Lick Creek Greenway Trail Design Coversheet Revised 94 Debt Resolution 96 Location Map 99 Consent No. 2g - Sale of City-Owned Affordable Home at 1208 Phoenix Coversheet Revised 100 Real Estate Contract 101 Consent No. 2h - Pad-Mounted Distribution Transformers Coversheet revised 172 Bid Tab Sheet 173 Consent No. 2i - Approval of a Resolution consenting to the City of Bryan’s economic development incentives for Woodbolt International Coversheet revised 177 Woodbolt Resolution 178 Consent No. 2j - Castlegate II, Section 100 – City Participation Agreement Coversheet revised 190 Vicinity Map 191 Participation Agreement 192 Property Description 200 Project Description 202 1 Engineer's Estimate 203 Affadavit of Bill's Paid 207 Ordinance 208 Consent No. 2k - Homeland Security Grant Program Coversheet revised 210 Homeland Security Grant Adjustment Notice 211 Resolution 228 Regular No. 1 - Brazos Valley Bowl Report Coversheet revised 229 Regular No. 2 - HOT Fund Event Grant Program Coversheet Revised 230 Regular No. 3 - Texas 4-H Roundup HOT Fund Event Coversheet Revised 231 Regular No. 4 - Update on Capital Improvement Program CoverSheet Revised 232 Regular No. 5 - Public Utility Easement Abandonment – 2005 Oakwood Trail Coversheet revised 233 Vicinity Map 234 Location Map 235 Ordinance 236 Ordinance Exhibit 239 Regular No. 6 - Right-of-Way Abandonment College Heights, Block B, Lots 1, 2, 11 & 12 Coversheet Revised 240 Vicinity Map 241 Location Map 242 Ordinance 243 Ordinance Exhibit 245 Regular No. 7 - Public Utility Easement Abandonment College Heights, Block B, Lots 1 & 12 Coversheet Revised 247 Vicinity Map 248 Location Map 249 Ordinance 250 Ordinance Exhibit 254 Regular No. 8 - Joint Relief Funding Review Committee Appointment Coversheet Revised 256 2 Crr'Y OF COlLEGE STATION Home oj1r..as AdM U,livmity'Mayor Council members Nancy Berry Blanche Brick Mayor Pro Tern Jess Fields Karl Mooney John Nichols Interim City Manager Julie M. Schultz Frank Simpson J ames Benham Agenda College Station City Council Regular Meeting Thursday, January 24, 2013 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas I. Pledge of Allegiance, Invocation, Consider absence request. Presentation: • Proclamation for recognition of Johnny Manziel and TAMU Football Team. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 112 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Councilor staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration fOnTIS are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for: • January 10,2013 Workshop • January 10,2013 Regular Council Meeting b. Presentation, possible action and discussion on a contract with the low bidder, Aquatec, in the amount of $110,630, for the re-plastering of Adamson Lagoon and the repair of the filters. c. Presentation, possible action, and discussion on the second and final reading of a franchise agreement with Viridiun; for the collection of organic waste from commercial business locations. City Council Regular Meeting Page 2 Thursday, January 24,2013 d. Presentation, possible action, and discussion on the first reading of a franchise agreement with Budget RolI Off Services; for the collection of construction and demolition debris from residential locations. e. Presentation, possible action, and discussion on the first reading of a franchise agreement with Brannon Industrial Group d/b/a Premier Metal Buyers; for the collection of recyclables from commercial businesses and multi-family locations. f. Presentation, possible action and discussion regarding a professional services contract with Halff Associates, Inc. in the amount of $482,935 for the detailed design of the Lick Creek Greenway Trail project, and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. g. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Ross Joseph Taylor in the amount of $104,900 for the sale of 1208 Phoenix. h. Presentation, possible action and discussion on a bid award for the purchase of various pad-mounted distribution transformers maintained in inventory to HD Supply Utilities for $80,843.00. 1. Presentation, possible action, and discussion regarding a resolution consenting to the City of Bryan's use of economic development incentives for W oodbolt International. j. Presentation, possible action, and discussion for a City Participation Agreement for water line improvements in the Castlegate II, Section 100 Subdivision being made per City Code of Ordinances, Chapter 12, Unified Development Ordinance, Section 8.5, Responsibility for Payment for Installation Costs for a total requested City participation of$26,810.00. k. Presentation, possible action and discussion regarding the approval of a resolution accepting from the Texas Division of Emergency Management (TDEM) the 2010 Homeland Security Grant Program Grant Adjustment Notice (GAN) of $55,281.53. Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. City Council Regular Meeting Page 3 Thursday, January 24, 2013 1. Presentation, possible action and discussion regarding a report on the Brazos Valley Bowl. 2. Presentation, possible action, and discussion regarding the approval of an agreement with the Bryan College Station Convention and Visitors Bureau to administer the Hotel Occupancy Tax Fund Event Grant Program. 3. Presentation, possible action, and discussion regarding the approval of HOT Funding for the Texas 4-H Roundup. 4. Presentation, possible action, and discussion on a Capital Improvement Plan update. 5. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.07 acre, IS-foot wide pubJic utiJity easement, which is located on Lot 9R-A of the Sandstone Addition according to the plat recorded in Volume 2685, Page 3164 of the Deed Records of Brazos County, Texas. 6. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.03 acre right-of-way, which is located on Lots 1, 2, 11 & 12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. 7. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.02 acre public utility easement, which is located on Lots 1 & 12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. 8. Presentation, possible action, and discussion on an appointment to the Joint Relief Funding Review Committee. 9. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: t? ~~~~~L:=~_'CitYM~ Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, January 24, 2013 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said City Council Regular Meeting Page 4 Thursday, January 24, 2013 notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.gov.TheAgendaandNoticearereadilyaccessibletothegeneralpublicatalltimes.Said Notice and Agenda were posted on January 18,2013 at 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by ___________ Dated this ~____----? 2013 Subscribed and sworn to before me on this the _~day of _______, 2013. Notary Public -Brazos County, Texas My commission expires: _____ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDO) 1-800·735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. January 24, 2013 City Council Consent Agenda Item No. 2a City Council Minutes To: Frank Simpson, Interim City Manager From: Sherry Mashburn, City Secretary Agenda Caption: Presentation, possible action, and discussion of minutes for: • January 10, 2013 Workshop • January 10, 2013 Regular Council Meeting Attachments: • January 10, 2013 Workshop • January 10, 2013 Regular Council Meeting 7 WKSHP011013Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JANUARY 10, 2013 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Jess Fields Karl Mooney John Nichols Julie Schultz James Benham City Staff: David Neeley, City Manager Frank Simpson, Deputy City Manager Kathy Merrill, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 5:03 p.m. on Thursday, January 10, 2013 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate; §551.074-Personnel, and §551.087-Economic Development Negotiations, the College Station City Council convened into Executive Session at 5:03 p.m. on Thursday, January 10, 2013 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: 8 WKSHP011013Minutes Page 2 • City of Bryan's application with TCEQ for water & sewer permits in Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan. • Chavers et a1 v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case No. 10 CV-3922. • College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. • Shirley Maguire and Holly Maguire vs. City of College Station, Cause No. 11-0025 16- CV-272, in the 272nd District Court of Brazos County, Texas. • Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172- CV-272, in the 272ndDistrict Court of Brazos County, TX • Tom Jagielski v. City of College Station, Cause No. 12-002918-CU-361, In the 361 st • State v. Carol Arnold, Cause Number 11-02697-CRF-85, In the 85th District Court, Brazos County, Texas District Court of Brazos County, Texas B. Consultation with City attorney to seek legal advice; to wit: • Legal advice regarding Contract No. 11-046 for use of HUD funds C. Deliberation on the deliberate the purchase, exchange, lease or value of real property; to wit: • Property located generally northwest of the intersection of First Street and Church Avenue in College Station. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager E. Deliberation on economic development negotiations regarding an offer of financial or other incentives for a business prospect; to wit: • Discuss economic development incentive negotiations with TAMUS. The Executive Session adjourned at 6:15 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Proclamation and Recognition of ASCE Centennial Anniversary. Mayor Berry presented a proclamation recognizing the ASCE Centennial Anniversary. Present to receive the proclamation were Crespin Guzman, Texas Section ASCE Executive Director; Josh Norton, Brazos Branch Treasurer, Atmos Energy; Sam Vernon, Brazos Branch Secretary, Bleyl and Associates; Veronica Morgan, Brazos Branch member, Mitchell and Morgan; and Bobby Lys, Brazos Branch State Director, Flowtite Pipe. Engineers present and representing the City of College Station were Chuck Gilman, David Coleman, Troy Rother, and Alan Gibbs. 9 WKSHP011013Minutes Page 3 Engineers present and representing the City of Bryan were Jayson Barfknecht, Paul Kaspar, and Susan Monnat. 5. Presentation, possible action, and discussion on items listed on the consent agenda. Item 2d was pulled for discussion. 2d: David Brower, Commercial Development Analyst, clarified this is not a call for a ban but rather an effort to regulate under lending law. 2h: Chuck Gilman, Director of Capital Projects, clarified this item representative of the template for franchises that will be used in the future. They are trying to be as consistent as possible for all franchisees. 6. Presentation and discussion regarding the College Station Economic Development Master Plan Phase II Report. Steve Spillette, with CDS Spillete (Strategic Urban Consulting Alliance), and Amy Holloway and Tony Delissi, with Avalanche Consulting, presented the College Station Economic Development Master Plan Phase II. Phase One included the base analysis and existing conditions. Phase Two evaluated opportunities and constraints through a business survey and will look at economic development organization, policies, incentives, entertainment districts and redevelopment. Phase Three will be to develop goals and strategies. The project consultant team interviewed sixteen individuals and surveyed ninety-eight representatives from local companies during the second phase of this initiative. An internet-based survey was developed targeting business owners and high level managers. The City publicized the survey with the assistance of the Bryan College Station Chamber of Commerce, Research Valley Partnership, Brazos Valley Small Business Development Center, and Northgate District Association. Competitive strengths were identified as colleges and universities, the cost of living, the growing local economy, and our regional location. Competitive weaknesses were identified as the transportation infrastructure, the political leadership, career opportunities, the business climate, and the natural environment. During public input from the interviews, competitive advantages were identified as: great for families, low cost of living, highly educated community, Biotech industry, Texas A&M University, and Blinn College. Air service, regional roads, underemployment, and amenities for young adults are considered as limitations to development. The City’s current economic development incentive program was assessed to possess strengths including utilizing target industries clearly defined by the Research Valley Partnership, having a diversity of incentive options available, and offering cash grant incentives among others. The current incentive program had weaknesses including the lack of ISD abatements, lack of awareness in the business community of City incentives available, and R&D tax credits not being included among primary community incentives. Staff received comments to include flexible incentive options, add sections on Retention and Expansion, maintain an expedited permitting system, develop a scorecard for project evaluation, offer R&D tax credits, and create an Entrepreneurship and Innovation program. 10 WKSHP011013Minutes Page 4 A regional approach is critical to economic development. When companies and site consultants consider locations for investment, they begin at a regional level. Political boundaries between states, counties, and cities are not considered in the initial phases of a site search. In general, projects begin by looking at geographic territories that, depending on the type of business, make sense logistically, contain solid foundations of suppliers and talents, and are cost competitive. Territories considered might be large geographic regions such as the Southeast US or more specific such as sites within three hours driving time to an OEM. After a geographic territory is established, more specific criteria come into play, allowing the company or site consultant to filter prospective locations. Which city or county a project locates in is determined later in the selection process when considering specific real estate and incentives. Regionalism is important for several reasons. First, packaging assets at a regional level helps a community stand out in the site selection process, especially in the early stages when prospects are developing their initial list of large geographic territories to consider. Secondly, a regional approach allows communities to pool resources to build brand awareness and market. It elevates efficiency and effectiveness of economic development campaigns, especially in today’s noisy and hyper competitive business climate. Finally, it shows prospects that communities can set aside differences to serve the needs of their customers. This gives businesses confidence that the community will work together to take care of their investment and their people. Currently, the RVP is the primary regional EDO working with Brazos County, City of Bryan, City of College Station, and the BCS Chamber. The City traditionally works with developers and business on sites and supports quality of life and the business climate. It is recommended that the City of College Station should formalize a full-time economic development manager position that coordinates efforts across multiple departments as needed by expanding and relocating companies. The economic development manager should work with the City Manager and the Research Valley Partnership to respond quickly to opportunities. The City should continue its proactive approach to economic development, prioritizing initiatives that enhance College Station’s quality of life to attract and retain talent and ensure that the City has available, developable real estate for business expansion and attraction. The needs of the Research Valley’s target audiences should drive decisions regarding infrastructure and site investment. Encouraging commercialization and R&D activities should also become a focus of the City. This will require closer collaboration with TAMU and the Research Valley Partnership to work with TAMU on projects that improve the potential for graduate retention, spinoff of university research, and entrepreneurship. We should explore opportunities to co-invest with TAMU in select projects that will catalyze economic development. The consultant team also evaluated the entertainment districts: Northgate, Wolf Pen Creek, and University Drive East and noted that College Station is fortunate to have a greater than typical volume of entertainment districts relative to its size. From an economic development standpoint, the City would be well served to focus on current existing and planned entertainment districts addressing the challenges each may face and increase the marketing and promotion of these assets. Ultimately, having quality entertainment districts adds to the quality of life and will aid the City and the region in attracting and retaining businesses and sought-after employees. 11 WKSHP011013Minutes Page 5 Potential redevelopment areas include FM 2154/George Bush Drive, Harvey Road and the Texas Avenue corridor. The three redevelopment areas proposed in the Comprehensive Plan were reviewed by the consultant team. An overall conclusion that applies to all three is that an unassisted evolution toward a more intensive, urban mixed-use land use profile, as proposed in the Plan, has challenges in all three areas, with the exception of student housing opportunities. Incentive programs or public-private partnerships may be needed to address issues such as land assembly, public street network modifications, and parking supply and management to achieve this type of land use objective. Existing redevelopment proposals for Campus Pointe and the Plaza Hotel property will be providing a great deal of competition in the near term for commercial development in the Comprehensive Plan redevelopment areas. Workshop recessed at 7:15 p.m. in order to begin the Regular Meeting. The Workshop reconvened at 10:10 p.m. 7. Presentation and discussion regarding the Green College Station Action Plan. This item was not discussed. 8. • Council Calendar • Jan. 11 Retirement Reception for David Neeley in Council Chambers at 3:30 p.m. • Jan. 16 RVP Board Meeting at RVP, 3:00 p.m. • Jan. 17 P&Z Workshop/Meeting, CSU Training Facilities, 6:00 p.m. (Karl Mooney, Liaison) • Jan. 21 City Offices Closed - HOLIDAY • Jan. 23 Economic Outlook Conference at CS Hilton, 8:00 a.m. • Jan. 24 Executive Session/Workshop/Regular Meeting at 5:00, 6:00 & 7:00 p.m. Jan. 28 & 29 Council Strategic Plan Retreat at MTF Assembly Room - 1603 Graham Road, 8:00 a.m. Council reviewed the Council calendar. The RVP Board meeting has been changed to January 30. There will be a BVSWMA Board meeting on January 16. 9. Presentation, possible action, and discussion on future agenda items: a Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Mayor Berry asked for further discussion on the request by Dr. Magyar to provide for an exemption to the Animal Ordinance regarding falconry. 10. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of the Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of 12 WKSHP011013Minutes Page 6 Governments, Bryan/College Station Chamber of Commerce, BVSWMA, BVWACS, Convention & Visitors Bureau, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Neighborhood Parking Taskforce, Joint Relief Funding Review Committee, Landmark Commission. Library Board, Metropolitan Planning Organization, National League of Cities, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Sister City Association, TAMU Student Senate, Texas Municipal League, Youth Advisory Council, Zoning Board of Adjustments. Councilmember Nichols reported on the BCS Chamber Legislative meeting and the United Way. 11. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 10:17 p.m. on Thursday, January 10, 2013. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 13 RM011013 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 10, 2013 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney John Nichols Julie Schultz James Benham City Staff: David Neeley, City Manager Frank Simpson, Deputy City Manager Kathy Merrill, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:16 p.m. on Thursday, January 10, 2013 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Allegiance, Invocation, consider absence request . Proclamation for the Better Business Bureau Boss of the Year. Mayor Berry presented a proclamation recognizing Mike Beal, with Century 21 Beal Realty, as the Better Business Bureau Boss of the Year. Special recognition of Steve Beachy for his service on the Brazos Valley Groundwater Conservation District. 14 RM011013 Minutes Page 2 Mayor Berry presented a plaque to Steve Beachy in recognition for his service on the Brazos Valley Groundwater Conservation District. Citizen Comments Dr. Stephen Magyar, 3425 Greens Prairie Road West, reported he is a state of Texas permitted Master falconer and requested an exemption from the City of College Station Animal Control Ordinance 2010-3237, subsection “Wild Animal” in the Texas Health and Safety Code 822.101, to thus allow any person possessing a valid state permit authorization to practice falconry. He is a member of the North American Falconers Association and the Texas Hawking Association. He has been a permitted falconer and College Station resident for over thirty years. He wants to get another hawk and be able to possess it in College Station without breaking the law. He asked what does he need to do to have an exemption added to this current ordinance so that he can continue to practice this ancient hunting sport? He provided to the Council an example of exemption language as prepared by James Maynard, General Counsel of the North American Falconers Association. Argie Butler, 8783 Vincent Road, spoke about the Brushy community and the possible impact of the proposed landfill. She wants to keep this in the forefront of the City’s mind. The dump will be as tall as Kyle Field, and there will be six days out of the week with heavy dust due to the dump trucks. She can’t see how the roads can sustain this amount of traffic. Cora Rogers, 7472 Old Jones Road, is also a member of the Brushy community. She has health issues, and she wants to live to be as old as her neighbor. The vultures will look for a cheap place where they can build. The community is standing and fighting to stop this dump site from being put in this community. She asked Council to not forget them. CONSENT AGENDA 2a. • Presentation, possible action, and discussion of minutes for: • December 13,2012 Workshop • December 13,2012 Regular Council Meeting December 18,2012 Special Meeting 2b. Presentation, possible action and discussion on an Agreement for Services with Emergicon to provide ambulance billing, accounts receivable and delinquent account collection services in an amount not to exceed $120,000. 2c. Presentation, possible action, and discussion approving Resolution 01-10-13-2c. authorizing a License Agreement with Heath Phillips Investments, LLC, pertaining to the encroachment in to the public utility easement area of a portion of a structure located in Common Area, The Barracks II Subdivision Phase 100, according to the plat recorded in Volume 10785, Page 163 of the Official Records of Brazos County, Texas. 2d. Presentation, possible action, and discussion regarding the approval of Resolution 01- 10-13-2d, of the City of College Station requesting the Texas Legislature and the Governor of Texas enact laws to regulate the rates and fees charged by payday lending and auto title 15 RM011013 Minutes Page 3 loan businesses and to affirm cities authority to pass ordinances regulating payday lending and auto title loan business practices. 2e. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Binkley & Barfield, Inc. in the amount of $59,750.00 for TxDOT Drainage Infrastructure Data Collection and Mapping project and authorizing the City Manager to execute the contract on behalf of the City Council. 2f. Presentation, possible action and discussion regarding the approval of annual tire purchases from Pilger's Tire & Auto Center through the State of Texas (TxMAS) Tire Contract in the amount of$197,000.00. 2g. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $75,000.00. 2h. Presentation, possible action, and discussion on the first reading of a franchise agreement with Viridiun; for the collection of organic waste from commercial business locations. Item 2d was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2d. The motion carried unanimously. (2d)MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields and Mooney voting against, to adopt Resolution 01-10-13-2d, of the City of College Station requesting the Texas Legislature and the Governor of Texas enact laws to regulate the rates and fees charged by payday lending and auto title loan businesses and to affirm cities authority to pass ordinances regulating payday lending and auto title loan business practices. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action and discussion regarding adoption of Resolution 01-10-13-01 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number One", the associated draft legislation and the potential conditions of consent associated with the District. 2. Public Hearing, presentation, possible action and discussion regarding adoption of Resolution 01-10-13-02 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number Two", the associated draft legislation and the potential conditions of consent associated with the District. 16 RM011013 Minutes Page 4 The Public Hearings for Items 1 and 2 were held together. At approximately 7:55 p.m., Mayor Berry opened the Public Hearing. Tom Goen, 705 Putter Court, spoke on Item 2 and stated he has not had an opportunity to study the draft legislation and it appeared the board, in order to submit some action needing additional ad valorem taxes, has to be submitted by petition and signed by the majority value ownership of property owners. In this case, that would be one person and the remainder of the property owners would not be well represented. He would like to see another board member to represent the others in that case. James Muir, 4207 Center Court, spoke on Item 2 and provided the Council with the Core Area Layout Plan and other schematics. He also provided a Statement of Mutual Agreement, dated January 8, 2013, with eight of the ten stakeholder signatures, attached. His main concern is related to board appointments. He is asking the Council keep the typical method of selection as it provides a perfect system of checks and balances. This will give the existing board and property owners the ability to feel comfortable when they are being asked to invest in the district, and it also gives the Council comfort in their ability to approve the board. He noted the property owners are the ones committing to additional assessments with the vested interest in the special district, and they do not feel comfortable without a fair system of checks and balances for board appointments. There being no further comments, the Public Hearing was closed at 8:08 p.m. (1)MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Resolution 01-10-13-01 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number One", the associated draft legislation and the potential conditions of consent associated with the District. The motion carried. (2)MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, amended by Councilmember Benham and seconded by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Resolution 01-10-13-02 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number Two", the associated draft legislation, as amended, and the potential conditions of consent associated with the District. The motion carried. The legislation included in the packet was amended with alternative language, to wit: Sec. 38.052 RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) the initial and each succeeding board of directors shall recommend to the governing body of the City persons to serve on the succeeding board. (b) After reviewing the recommendations, the governing body shall approve or disapprove the directors recommended by the board. A person is appointed if a majority of the members of the governing body, including the mayor, of the City vote to appoint that person. 17 RM011013 Minutes Page 5 (c) If the governing body is not satisfied with the recommendations submitted by the board and does not vote to approve the board members, the board, on the request of the governing body, shall submit to the governing body additional recommendations. If after the second submittal, the governing body does not vote to approve the additional recommendations of the board, the governing body of the City may appoint qualified persons to serve on the succeeding board. (d) Board members may serve successive terms. (e) If any provisions of Subsections (a) through (d) is found to be invalid, the commission shall appoint the board from recommendations submitted by the preceding board. The motion to amend the main motion carried four (4) for and three (3) against, with Councilmembers Brick, Mooney and Nichols voting against. 3. Presentation, possible action, and discussion regarding approval of an engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. The motion carried. 4. Public Hearing, presentation, possible action, and discussion on Ordinance 2013-3469, Budget Amendment #1, amending Ordinance Number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the amount of $2,070,602. At approximately 10:01 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:01 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Ordinance 2013-3469, Budget Amendment #1, amending Ordinance Number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the amount of $2,070,602. The motion carried. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013- 3470, an amendment to Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.24 acres located at 3800 State Highway 6 South from CI Commercial Industrial to GC General Commercial. At approximately 10:06 p.m., Mayor Berry opened the Public Hearing. 18 RM011013 Minutes Page 6 There being no comments, the Public Hearing was closed at 10:06 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3470, an amendment to Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.24 acres located at 3800 State Highway 6 South from CI Commercial Industrial to GC General Commercial. The motion carried unanimously. 6. Public Hearing, presentation, possible action and discussion regarding Ordinance 2013- 3471, amending Chapter 12 "Unified Development Ordinance", Article 2 "Development Review Bodies" and Article 5 "District Purpose Statements and Supplemental Standards", of the Code of Ordinance of the City of College Station related to referencing the Easterwood Field Airport Zoning Ordinance and eliminating a duplicate Section in Article 5. At approximately 10:09 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3471, amending Chapter 12 "Unified Development Ordinance", Article 2 "Development Review Bodies" and Article 5 "District Purpose Statements and Supplemental Standards", of the Code of Ordinance of the City of College Station related to referencing the Easterwood Field Airport Zoning Ordinance and eliminating a duplicate Section in Article 5. The motion carried unanimously. 7. Presentation, possible action, and discussion regarding an appointment to the Twin City Endowment Board of Directors. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint Brien Smith to the Twin City Endowment Board of Directors. The motion carried unanimously. 8. Presentation, possible action, and discussion regarding Resolution 01-10-13-08, appointing Bill Harris to the Brazos Valley Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County Commissioners Court. MOTION: Upon a motion made by Councilmember Nichols, and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution 01-10-13- 08, appointing Bill Harris to the Brazos Valley Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County Commissioners Court. The motion carried unanimously. 9. Adjournment. 19 RM011013 Minutes Page 7 MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:10 p.m. on Thursday, January 10, 2013. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 20 January 24, 2013 Consent Agenda Item No. 2b Contract for Adamson Lagoon Re-plaster and Other City Pool Repairs Contract #13-064 To: Frank Simpson, Interim City Manager From: David Schmitz, Director, Parks and Recreation Agenda Caption: Presentation, possible action and discussion on a contract with the low bidder, Aquatec, in the amount of $110,630, for the re-plastering of Adamson Lagoon and the repair of the filters. Relationship to Strategic Goals: (Select all that apply) 1. Core Services and Infrastructure 2. Neighborhood Integrity 3. Diverse Growing Economy Recommendation(s): Staff recommends award of the contract with Aquatec for Project 1 of the bid, for the re-plastering of Adamson Lagoon and the repair of the filters, in the amount of $110,630 and the rejection of all bids for Project 2 and all alternates. Summary: Project 1 includes the replacement of the plaster in both pools at Adamson Lagoon. The current plaster is 12 years old. The normal life expectancy is 8 to 10 years. At the same time the filter media in the pool filters will be replaced. This was last done in 2003. The normal life expectancy of filter media is 5-8 years. In addition to the plaster, Lane Lines and turn targets will be included in the 25 meter section of Adamson Lagoon for competitive swimming and training. Project 2 included concrete repairs to the deck surrounding the pool area and work on the large slide. Due to budget considerations we will revise the scope of this project and re-bid. Budget & Financial Summary: Three (3) sealed, competitive bids were received and opened on December 11, 2012. The bid summary is attached. Funds are available from the Parks and Recreation Department Recreation Fund Budget as a one-time SLA. Attachments: 1. Bid Tab #13-018 2. Contract (On File in the City Secretary’s Office) 21 City of College Station - Purchasing Division Bid Tabulation for #13-018 "Adamson Lagoon Replaster and Other City Pool Repairs" Open Date: Tuesday, December 11, 2012 @ 2:00 p.m. $95,044.00 $84,300.00 $175,800.00 $22,613.00 $16,200.00 $30,000.00 $13,778.00 $9,200.00 $17,500.00 $2,878.00 $930.00 $4,600.00 $134,313.00 $110,630.00 $227,900.00 $27,310.00 $18,010.00 $25,500.00 $1,744.00 $1,940.00 $1,700.00 $3,866.00 $2,820.00 $2,700.00 $619.00 $750.00 $800.00 $33,539.00 $23,520.00 $30,700.00 $7,200.00 $850.00 $0.00 $40,739.00 $24,370.00 $30,700.00 $272.00 $550.00 $0.00 $822.00 $450.00 $450.00 $247.00 $220.00 $300.00 $157.00 $50.00 $100.00 $1,822.00 $500.00 $1,500.00 $418.00 $120.00 $400.00 $702.00 $780.00 $400.00 $597.00 $515.00 $200.00 $1,617.00 $1,100.00 $3,000.00 $972.00 $1,600.00 $500.00 $549.00 $250.00 $200.00 $899.00 $1,756.00 $1,500.00 $899.00 $900.00 $1,300.00 $11,245.00 $4,400.00 $8,400.00 Y Y Y 2 2 2 Y Y Y Indicates a correction to the vendor's submitted bid amount Contract is being awarded for Project 1. Project 2 and all alternates are being rejected at this time, and will be rebid at a later date. Aquatec Certification Addendum Acknowledged Bid Bond Hancock Pool Services, Inc. 12. Replace semi-automatic knob backwash control 13. Remove section of pipe and cap old heater line 14. Filter Work Progressive Commercial Aquatics 7. Replace 3 inch gate valve 8. Install blue stem flow meters 9. Replace all cast iron reducers 10. Remove existing diving board frame Alternates (Thomas Park Pool) 11. Replace hydraulic fittings and line on filtration 1. Removal and replacement of Caulk 2. Water feature pipe and head replacement 3. Pressure Gauge Replacement 4. Replace drain plugs on pump strainers 5. Replace PVC line, chlorine line, acid line 6. Install new injectors with check valves Alternates (Adamson) Project 2 Base Bid A. Adamson Lagoon Repairs B. Adamson Lagoon Children's Pool Repairs C. Adamson Lagoon Large Body Slide D. Thomas Park Repairs Total Project 2 Base Bid Project 2 Alternate 1. Cost variance of using FlexCrete for line A3 Total Project 2 Base Bid with Alternate Total Project 1 Base Bid Project 1 Base Bid A. Adamson Lagoon Plaster/Tile B. Adamson Lagoon Children's Pool Repair C. Adamson Lagoon Filter Work D. Adamson Lagoon Tile Markers 22 January 24, 2013 Consent Agenda Item No. 2c Viridiun Organic Waste Collection Franchise Agreement - 2nd Reading To: Frank Simpson, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on the second and final reading of a franchise agreement with Viridiun; for the collection of organic waste from commercial business locations. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Viridiun to collect organic waste from commercial business locations within the City of College Station. Organic waste is defined as waste of a biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. Organic waste includes food waste, brush, manure, leaves, mulch, and compost. The company will be responsible for developing onsite collection of organic waste so as not to interfere with the collection of municipal solid waste (MSW). Section 104 of the City Charter states that “The City of College Station shall have the power by ordinance to grant any franchise or right mentioned in the preceding sections hereof, which ordinance, however, shall not be passed finally until it shall have been read at three (3) separate regular meetings of the City Council.” Budget & Financial Summary: N/A Attachments: 1. Franchise Ordinance 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 January 24, 2013 Consent Agenda Item No. 2d Budget Roll-Off Services Residential Construction and Demolition Debris Collection Franchise Agreement To: Frank Simpson, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on the first reading of a franchise agreement with Budget Roll-Off Services; for the collection of construction and demolition debris from residential locations. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Budget Roll-Off Services to collect construction and demolition debris from residential locations within the City of College Station. Construction and demolition debris is defined as any building material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. The company will be responsible for developing onsite collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Section 104 of the City Charter states that “The City of College Station shall have the power by ordinance to grant any franchise or right mentioned in the preceding sections hereof, which ordinance, however, shall not be passed finally until it shall have been read at three (3) separate regular meetings of the City Council.” Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1. Franchise Ordinance 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 January 24, 2013 Consent Agenda Item No. 2e Brannon Industrial Group Commercial and Multifamily Recycling Collection Franchise Agreement To: Frank Simpson, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on the first reading of a franchise agreement with Brannon Industrial Group d/b/a Premier Metal Buyers; for the collection of recyclables from commercial businesses and multi- family locations. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Brannon Industrial Group d/b/a Premier Metal Buyers to collect recyclables from commercial businesses and multi- family locations within the City of College Station. Recyclables or Recyclable Commodities are defined as materials recovered from the solid waste stream for reuse or reclamation, a substantial portion of which are consistently used in the manufacturing of products that may otherwise be produced using raw or virgin materials. Recyclable commodities or recyclables are not solid waste unless they are abandoned or disposed rather than reprocessed into another product. The company will be responsible for developing onsite collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Section 104 of the City Charter states that “The City of College Station shall have the power by ordinance to grant any franchise or right mentioned in the preceding sections hereof, which ordinance, however, shall not be passed finally until it shall have been read at three (3) separate regular meetings of the City Council.” Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: Franchise Ordinance 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 January24, 2013 Consent Agenda Item No. 2f Lick Creek Greenway Trail Design and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: Frank Simpson, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action and discussion regarding a professional services contract with Halff Associates, Inc. in the amount of $482,935 for the detailed design of the Lick Creek Greenway Trail project, and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract to Halff Associates, Inc. in the amount of $482,935 and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The Lick Creek Greenway Trail project was approved as part of the 2008 GOB election to construct approximately 4 miles of multi-use paths along Lick Creek from Creek View Park to Lick Creek Park. This new trail will be instrumental in connecting residential neighborhoods and parks. This project is also on the City's Bicycle, Pedestrian, and Greenways Master Plan. Halff Associates, Inc. (Halff) was engaged in September 2011 to conduct a preliminary design and route analysis for the proposed Lick Creek Greenway Trail. The final recommendation was based on several factors, including pedestrian and user safety, project development costs, environmental concerns, connections to major thoroughfares and trail systems, as well as feedback from the public and potential users. City staff and the design team conducted several public meetings in an effort to engage the public and gather input on the trail alignment.The preferred alignment followed the greenway of Lick Creek from Creek View Park to W.D. Fitch Pkwy, and continued along dedicated parkland from W.D. Fitch Pkwy to Lick Creek Park. After several public meetings and cooperative discussions over concerns with the trail following the greenway between Creek View Park and SH 6, an alternative on-street route was presented by staff at the August 9, 2012 meeting. At the August 9, 2012 meeting, the Council supported the recommendation by staff to proceed with the design of the complete multi-use path utilizing the Consultant’s 94 preferred alignment for Segments B and C (east of SH 6) and an on-street option for Segment A (west of SH 6). Halff has been selected to develop a detailed design of the greenway trail. The design contract includes a drainage analysis to ensure compliance with the City’s No Adverse Impact Ordinance. In addition to the development of construction bid documents, Halff’s scope of work also includes topographic surveying, a cultural resource investigation, determination of jurisdictional waters by the US Army Corps of Engineers, biological evaluation for threatened and endangered species in the project area, geotechnical investigation and construction administration services. Budget & Financial Summary: Funds in the amount of $4,410,000 are budgeted for this project from the Streets Capital Projects Fund. A total of $85,911.50 has been expended or committed to date, leaving a balance of $4,324,088.50 for design and construction. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the majority of the long term debt has not been issued for the project. The debt for the project is scheduled to be issued later this fiscal year. Reviewed and Approved by Legal: Yes Attachments: 1. Contract - On file in the City Secretary’s Office 2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 3. Project Location Map 95 96 97 98 99 January 24, 2013 Consent Agenda Item No. 2g Sale of City-Owned Affordable Home at 1208 Phoenix To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director – Planning & Development Services Agenda Caption: Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Ross Joseph Taylor in the amount of $104,900 for the sale of 1208 Phoenix. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure 3. Neighborhood Integrity Recommendation(s): Staff recommends approval of the contract and authorization for the City Manager to execute the contract. Summary: On December 26, 2012, the City released an Invitation to Bid for the sale of City property located at 1208 Phoenix to individuals, households, or families at or below 80% of the area median income as determined by the U. S. Department of Housing and Urban Development (HUD). Staff evaluated the bid submitted as of the January 10, 2013 deadline and this bid accomplishes the requirement of selling the property to an income-eligible household who has also qualified for the City’s Down Payment Assistance Program. A deferred loan in the amount of $20,980 (20% of the sales price) will be made to assist with affordability. The property at 1208 Phoenix was acquired by the City with Community Development Block Grant funds and a substandard structure located on the property was subsequently demolished. The construction of a new affordable single-family home was completed in 2010 using HOME Investment Partnership Program grant funds. The City’s total investment in the acquisition, demolition, construction, maintenance, and real estate fees is approximately $136,000. The original appraisal on this property upon completion of construction was $128,000. A Broker’s Opinion of Value completed in July 2012 recommended a lower sales price of $104,900. Budget & Financial Summary: The minimum bid specified in the Invitation to Bid 13-033 was $104,900. The bid currently held us for $104,900. Reviewed and Approved by Legal: Yes / No Attachments: Attachment 1: Real Estate Contract Attachment 2: Location Map 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 January 24, 2013 Consent Agenda Item No. 2h Pad-Mounted Distribution Transformers To: Frank Simpson, Interim City Manager From: Jeff Kersten, Executive Director Business Services Agenda Caption: Presentation, possible action and discussion on a bid award for the purchase of various pad-mounted distribution transformers maintained in inventory to HD Supply Utilities for $80,843.00. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Recommend award to each bidder providing the best value to the City as follows: Item 1: HD Supply Utilities $37,946.80 Item 2: HD Supply Utilities $14,970.21 Item 3: HD Supply Utilities $27,925.53 TOTAL $80,842.54 Summary: Eight (8) sealed competitive bids were received and opened on December 21, 2012. The low bidder for Item 2 is Shihlin Electric. Shinlin Electric does not have local representation, and uses overseas manufacturing. All other recommended vendors manufacture on the North American Continent, and have representation within the State of Texas. Therefore, Staff is recommending award for Item 2 based on best value. Staff is familiar with the quality of each recommended bidders products, their reputation and the long term cost for acquiring the products from the vendors recommended. Upon Council approval, purchase orders will be issued to the vendors recommended for award. The transformers will be placed and maintained in the electrical inventory and expensed as necessary. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal: N/A Attachments: Bid Tabulation #13-029 172 City of College Station - Purchasing Division Bid Tabulation for #13-029 "Purchase of 3 Phase Pad-Mount Transformers" Open Date: Friday, December 21, 2012 @ 2:00 p.m. SUMMARY Vendor Manufacturer Quantity Unit Price Total Delivery Item #1 300 KVA Padmount Transformer 208/120 HD Supply GE Prolec 5 $7,589.36 $37,946.80 9 weeks Inventory #285-086-00041 Utilities Item #2 750 KVA Padmount Transformer 208/120 HD Supply GE Prolec 1 $14,970.21 $14,970.21 9 weeks Inventory #285-086-00043 Utilities Item #3 500 KVA Padmount Transformer 480/277 HD Supply GE Prolec 3 $9,308.51 $27,925.53 9 weeks Inventory #285-086-00049 Utilities GRAND TOTAL HD Supply $80,842.54 Utilities 173 City of College Station - Purchasing Division Bid Tabulation for #13-029 "Purchase of 3 Phase Pad-Mount Transformers" Open Date: Friday, December 21, 2012 @ 2:00 p.m. Order Quantity:5 INVENTORY #:285-086-00041 KBS #1 Cooper $9,678.00 $48,390.00 $13,858.59 8-10 KBS #2 Ermco $8,540.00 $42,700.00 $12,815.92 10-12 HD Supply #1 GE Prolec $7,589.36 $37,946.80 $11,678.04 9 HD Supply #2 Ermco $8,722.34 $43,611.70 $12,998.26 10-12 *Oberlender CG Power Systems $7,823.55 $39,117.75 $12,137.69 10 Shihlin Shihlin $10,400.00 $52,000.00 $13,888.38 20 **TEC #1 GE $7,885.50 $39,427.50 $11,974.18 9 ***TEC #2 Ermco $9,061.50 $45,307.50 $13,337.42 10-12 Techline Howard $8,955.00 $44,775.00 $13,008.37 14-16 Wesco ABB $8,285.00 $41,425.00 $12,193.82 10-12 winning bid *Oberlender originally bid $7,451 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $7,823.55. TOC was recalculated to $12,137.69. **TEC #1 originally bid $7,510 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $7,885.50. TOC was recalculated to $11,974.18. ***TEC #2 originally bid $8,630 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $9,061.50. TOC was recalculated to $13,337.42. ITEM NUMBER: 1 Total Owning Cost (TOC) DELIVERY (weeks) ITEM DESCRIPTION: 300 KVA Padmount Transformer 208/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE 174 City of College Station - Purchasing Division Bid Tabulation for #13-029 "Purchase of 3 Phase Pad-Mount Transformers" Open Date: Friday, December 21, 2012 @ 2:00 p.m. Order Quantity:1 INVENTORY #:285-086-00043 KBS #1 Cooper $18,240.00 $18,240.00 $27,481.78 8-10 KBS #2 Ermco $15,010.00 $15,010.00 $24,531.67 10-12 HD Supply #1 GE Prolec $14,970.21 $14,970.21 $24,537.18 9 HD Supply #2 Ermco $15,329.79 $15,329.79 $24,851.46 10-12 *Oberlender CG Power Systems $15,962.10 $15,962.10 $25,551.20 10 Shihlin Shihlin $14,300.00 $14,300.00 $21,299.02 20 **TEC #1 GE $15,555.75 $15,555.75 $25,122.72 9 ***TEC #2 Ermco $15,928.50 $15,928.50 $25,450.17 10-12 Techline #1 Howard $17,532.00 $17,532.00 $26,732.49 14-16 Techline #1 Howard $16,472.00 $16,472.00 $25,497.33 16-18 Wesco ABB $15,530.00 $15,530.00 $24,822.81 10-12 winning bid Low bid rejected due to lack of North American manufacture and service/sales presence as required in the bid documents. *Oberlender originally bid $15,202 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $15,962.10. TOC was recalculated to $25,551.20. **TEC #1 originally bid $14,815 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $15,555.75. TOC was recalculated to $25,122.72. ***TEC #2 originally bid $15,170 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $15,928.50. TOC was recalculated to $25,450.17. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 2 ITEM DESCRIPTION: 750 KVA Padmount Transformer 208/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE 175 City of College Station - Purchasing Division Bid Tabulation for #13-029 "Purchase of 3 Phase Pad-Mount Transformers" Open Date: Friday, December 21, 2012 @ 2:00 p.m. Order Quantity:3 INVENTORY #:285-086-00049 Evans Enterprises Cooper $16,941.18 $50,823.54 $23,656.00 9-11 KBS #1 Cooper $13,306.00 $39,918.00 $19,948.90 8-10 KBS #2 Ermco $10,160.00 $30,480.00 $17,128.62 10-12 HD Supply #1 GE Prolec $9,308.51 $27,925.53 $15,373.11 9 HD Supply #2 Ermco $10,385.10 $31,155.30 $17,353.72 10-12 *Oberlender CG Power Systems $9,769.20 $29,307.60 $16,339.70 10 Shihlin Shihlin $12,200.00 $36,600.00 $17,256.90 20 **TEC #1 GE $9,670.50 $29,011.50 $15,735.10 9 ***TEC #2 Ermco $10,788.75 $32,366.25 $17,757.37 10-12 Techline #1 Howard $10,856.00 $32,568.00 $17,468.57 14-16 Techline #1 Howard $11,526.00 $34,578.00 $17,560.35 16-18 Wesco ABB $10,706.00 $32,118.00 $16,345.18 10-12 winning bid *Oberlender originally bid $9,304 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $9,769.20. TOC was recalculated to $16,339.70. **TEC #1 originally bid $9,210 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $9670.50. TOC was recalculated to $15735.10. ***TEC #2 originally bid $10,275 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost and recalculated to $10,788.75. TOC was recalculated to $17,757.37. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 3 ITEM DESCRIPTION: 500 KVA Padmount Transformer 480/277 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE 176 January 24, 2013 Consent Agenda Item No. 2i Approval of a Resolution consenting to the City of Bryan’s economic development incentives for Woodbolt International To: Mayor and City Council From: Frank Simpson, Interim City Manager Agenda Caption: Presentation, possible action, and discussion regarding a resolution consenting to the City of Bryan’s use of economic development incentives for Woodbolt International. Relationship to Strategic Goals: Diverse Growing Economy Recommendation: Staff recommends adoption of this Resolution. Summary: The City of Bryan and Research Valley Partnership have engaged a business prospect to locate in the BioCorridor. However, the Interlocal Cooperation and Joint Development Agreement requires joint approval between the two cities for all economic development incentives to prospects within the BioCorridor. This resolution serves as College Station City Council’s written approval consenting to the Bryan City Council’s use of economic development incentives for the prospect. The proposed incentive package does not include any incentives provided directly by the City of College Station. Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1. Resolution 177 178 179 180 181 182 183 184 185 186 187 188 189 January 24, 2013 Consent Agenda Item No. 2j Castlegate II, Section 100 – City Participation Agreement To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director- Planning & Development Services Agenda Caption: Presentation, possible action, and discussion for a City Participation Agreement for water line improvements in the Castlegate II, Section 100 Subdivision being made per City Code of Ordinances, Chapter 12, Unified Development Ordinance, Section 8.5, Responsibility for Payment for Installation Costs for a total requested City participation of $26,810.00. Recommendation(s): Staff recommends approval of the City Participation Agreement. Summary: Associated with the development of Castlegate II, Section 100, the City required the construction of a 12 inch water line for the larger City system. The developer’s engineer demonstrated an 8 inch waterline is sufficient for this development. This city participation request is the construction cost difference for upsizing an 8 inch water line to a 12 inch water line for an approximately 1405 linear feet section through Castlegate II, Section 100. Budget & Financial Summary: Funds for this request are available from the Water Capital Projects Fund. Attachments: 1. Attachment 1 – Vicinity Map 2. Attachment 2 - City Participation Agreement Exhibit A (Description of Property) Exhibit B (Description of Project) Exhibit C (Engineer’s Estimate of the Costs of the Project and Request Letter) Exhibit D (Affidavit of All Bills Paid Form) 3. Attachment 3 - Ordinance 190 Waterline Oversize Vicinity WILLIAM D FITCH PARKWAYSH 6 SOUTHVICTORIA AVENUEBARRON ROADA R R IN G TO N ROAD FM 2154GREENS PRAIRIE ROAD WESTEAGLE AVENUEDECATUR DRIVEALEXANDRIA AVENUENEWPORT LANEALLEYGRAHAM ROADCASTLEGATE DRIVEP1-735OLD ARRI N GTO N ROA DLAKEWAY DRIVEHARTFORD DRIVESOUTH DOWLING ROADMEIR LANECAPSTONE DRIVERENEE LANEMCCULLOUGH ROADGRAHAM ROAD NORTHROCK BEND DRIVEMORTIER DRIVETREELINE DRRUGEN LANEOLDENBURG LANEWINDHAM RANCH RDGREENS PRAIRIE TRAILREGAL OAKS DRIVEPRIVATE ALLEYREATTA LANECHEYENNE DRIVEPRIVATE DRIVE GWHITE'S CREEK LNHOFBURG DRIVEROCKY RHODES DRIVEG US ROY ROADDPASSENDALE LANEMARKHAM LANEK O P P E B R ID G E R O A D L I V E O A K S T R E E T NORTON LANEBUGGY LANENEWARK CIRCLEON RAMPSILVER OAK DRIVEROCKY VISTA DRIVEHADLEIGH LANESPRING GARDEN DRIVEHALIFAX DRIVETODDINGTON LANEPRIVATE DRIVE APARNELL DRIVESPRINGMIST DRIVEMCLAREN DRIVEHEATH DRIVEAPPLEBY PLACEBITTERN DRIVEARRINGTON ROADALLEYBARRON ROADALLEYFM 2154A R R IN G TO N R O A DSH 6 SOUTH[191 1 Revised 5-11-12 Contract No.________________ CITY PARTICIPATION AGREEMENT This Agreement is entered into this ______ day of ____________________, 20__, by and between the City of College Station, a Texas home rule municipal corporation (hereinafter “CITY”), and Dos Dorado Development, a Texas Limited Liability company d/b/a 3-D Development (hereinafter “DEVELOPER”). WHEREAS, DEVELOPER is developing property within the City of College Station, more particularly described as Castlegate II, Section 100, College Station, Brazos County, Texas (hereinafter “Property”) a description of which is attached hereto as Exhibit A; and WHEREAS, DEVELOPER is required to construct certain public infrastructure, such as roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that relate to DEVELOPER’S proposed development; and WHEREAS, CITY is required or desirous of assuming some or all responsibility for construction of certain public infrastructure affecting DEVELOPER’S development; and WHEREAS, because of this and in order to comply with CITY’s overall development scheme both DEVELOPER and CITY agree that it is in the best interests of the public to jointly construct certain identified public infrastructure; and WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that provided by DEVELOPER’s engineers, and determined that such public improvement qualifies for joint CITY -DEVELOPER participation; and WHEREAS, both parties agree as to the nature and proportion of joint participation as further recited herein and as may be required in accordance with section 212.071 et seq and Chapter 252 Texas Local Government Code; NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereb y agree as follows: I. DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the City of College Station Codes and Ordinances and any other applicable laws and that have been submitted to, reviewed and approved by the City of College Station relating to the Project. 1.2 CITY or College Station means the City of College Station, a Texas home rule municipal corporation located at 1101 Texas Avenue, College Station, Texas 77840. 192 2 Revised 5-11-12 Contract No.________________ 1.3 DEVELOPER means Dos Dorado Development, a Texas Limited Liability Company d/b/a 3-D Development whose principal office is located at 4490 Castlegate Drive, College Station, Texas 77845. 1.4 Effective Date. The date on which this Agreement is signed by the last party whose signing makes the Agreement fully executed. 1.5 Final Completion. The term "Final Completion" means that all the work on the Project has been completed, a written guarantee of performance for a one year maintenance period has been provided, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation, and all closeout documents have been executed and approved by the DEVELOPER as required, all Letters of Completion and other CITY documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met, and DEVELOPER has fully performed any other requirements contained herein. 1.6 Letter of Completion. A letter issued by the City Engineer stating that the construction of public improvements conforms to the plans, specifications and standards contained in or referred to in the CITY OF COLLEGE STATION UNIFIED DEVELOPMENT ORDINANCE. 1.7 Property means that one certain tract of land known as Castlegate II, Section 100 and as further described in Exhibit A attached hereto and incorporated herein made a part hereof. 1.8 Project means the construction of waterline improvements as detailed in Exhibit B attached hereto and incorporated herein by reference. II. CITY COST PARTICIATION 2.1 Agree to Participate. CITY agrees to cost participate in the Project in the maximum amount estimated as set forth in Exhibit C, which is attached hereto and incorporated herein by reference. CITY’S actual rate of participation will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement but in no event shall exceed the maximum amount estimated in Exhibit C. 2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit C. If CITY’s cost participation exceeds 30% of the total cost of the Project or is located within the extraterritorial jurisdiction of the CITY, then the Project must be competitively bid pursuant to Chapter 252 Texas Local Government Code, as amended. If CITY participation exceeds 30% of the total cost of the Project, CITY shall be responsible for advertising and obtaining bids or negotiating proposals for the construction of the Project. 193 3 Revised 5-11-12 Contract No.________________ DEVELOPER shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project. If CITY’s cost participation is 30% or less of the total cost of the Project and is located within the boundaries of the CITY, the Project need not be competitively bid. 2.3 Cost of Project. DEVELOPER’s engineer’s detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit C. 2.4 Application for Payment. Application for payment by the DEVELOPER to the CITY for payment to the DEVELOPER pursuant to the terms of this Agreement must include the following in a form acceptable to CITY: (1) Final Completion of the Project in accordance with the Approved Plans; (2) issuance of all Letters of Completion relating to the Project; (3) DEVELOPER’s compliance with all CITY Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development; (4) dedication of the land for the right-of-way either by plat or by deed relating to the Project; (5) a current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement; (6) lien releases or subordinations from all lenders as required by CITY; (7) Proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable; and (8) A breakdown of actual costs of the Project with supporting documentation, including all payment receipts. 2.5 City Participation Payment. DEVELOPER shall submit the written application for CITY participation payment within thirty (30) days after issuance of all Letters of Completion relating to the Project or DEVELOPER shall be ineligible to receive the CITY participation payment specified in this Agreement and CITY’s obligation to cost participate shall terminate without any liability. Applications may not be submitted prior to Final Completion. CITY will pay its participation funds in one payment within thirty (30) days after receipt of a complete written application for participation payment from DEVELOPER. 2.6 Reports, books and other records. DEVELOPER shall make its books and other records related to the project available for inspection by CITY. DEVELOPER shall submit to CITY any and all information or reports requested to verify the expenditures submitted for CITY participation eligibility including but not limited to bid documents, payment applications, including any supporting information, cancelled checks, copies of construction and engineering documents, as determined by the City Engineer in his sole 194 4 Revised 5-11-12 Contract No.________________ discretion, for the verification of the cost of the Project detailed in Exhibit B and C of this Agreement. The submission of these reports and information shall be the responsibility of DEVELOPER and shall be certified by DEVELOPER’s Licensed Professional Engineer at DEVELOPER’s expense and signed by an authorized official of the entity. III. GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE CITY is a political subdivision of the state and enjoys governmental immunity. By entering into this Agreement, CITY does not consent to suit, waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by DEVELOPER under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of CITY, any other party indemnified hereunder, or the DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any claims of suppliers or subcontractors of DEVELOPER for improvements constructed or caused to be constructed by DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to or claims of adjacent property developers resulting from or relating to their performance under this Agreement. DEVELOPER assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges CITY, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, DEVELOPER's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes or action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of CITY, any other party released hereunder, or DEVELOPER. 195 5 Revised 5-11-12 Contract No.________________ IV. PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. CITY may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by CITY that any of the work or materials furnished is not in strict accordance with the Approved Plans, CITY may withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at CITY’s election without any further liability. 4.2 Independent Contractor. DEVELOPER shall be solely responsible for selecting, supervising, and paying the construction contractor(s) or subcontractors and for complying with all applicable laws, including but not limited to all requirements concerning workers compensation and construction retainage. The parties to this Agreement agree and understand that all employees, volunteers, personnel and materials furnished or used by DEVELOPER in the installation of the specified improvements shall be the responsibility of DEVELOPER and shall not be deemed employees or agents of CITY for any purpose. 4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by CITY arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to CITY, DEVELOPER shall, where no payment bond covers the work, upon written notice from the CITY, immediately obtain a bond at its expense and hold CITY harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, DEVELOPER shall provide CITY a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which DEVELOPER has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit D which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances, Unified Development Code, or other applicable law. 196 6 Revised 5-11-12 Contract No.________________ V. GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. Where CITY participation is 30% or less of the total value of the Project, DEVELOPER shall execute a performance bond to ensure construction of the Project and shall ensure that its contractor performing the Project executes a payment bond to ensure payment to subcontractors, if any. The bonds must be executed by a corporate surety in accordance with CHAPTER 2253, TEXAS GOVERNMENT CODE. The bonds shall be in the total amount of the contract price as approved by CITY. 5.2 Bonding Requirements of City. Where CITY participation is greater than 30% of the total value of the Project or when the Project is located within the extraterritorial jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project execute to the CITY a performance bond and/or a payment bond as may be required pursuant to chapter 2253 Texas Government Code. VI. GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.2 Choice of law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of DEVELOPER represents that he or she is authorized to sign on behalf of DEVELOPER and agrees to provide proof of such authorization to the CITY upon request. 6.4 Agreement read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Notice. Any notice sent under this Agreement (except as otherwise expressly required) shall be hand delivered, written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: 197 7 Revised 5-11-12 Contract No.________________ Dos Dorado Development, LLC City of College Station d/b/a 3-D Development City Engineer Wallace Phillips IV P.O. Box 9960 4490 Castlegate Drive College Station, TX 77842 College Station, Texas 77845 With copies to: City Attorney and City Manager 1101 Texas Avenue College Station, TX 77842 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. 6.6 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by DEVELOPER without the prior written approval of the CITY. 6.7 Default. In the event of a breach of this Agreement by DEVELOPER, CITY may terminate this Agreement and exercise any and all legal remedies available to it. 198 8 Revised 5-11-12 Contract No.________________ Executed this _______day of _________________________________, 20__. List of Exhibits: A A description of the Property B A description of the Project C Engineer’s estimate of the costs of the Project D Affidavit of All Bills Paid form DOS DORADO DEVELOPMENT, LLC CITY OF COLLEGE STATION D/B/A 3-D DEVELOPMENT BY: _____________________________ BY: ________________________________ Printed Name:_____________________ Mayor Title:_____________________________ ATTEST: ___________________________________ City Secretary APPROVED: ____________________________________ City Manager ____________________________________ City Attorney ____________________________________ Executive Director Business Services 199 200 201 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!LÉ!(LÉ!(!(LÉ!(LÉLÉz!(z!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(zLÉzLÉzLÉz!(z!(z!(z!(z!(z!(z!(z!(z!(z!(!(z!(z!(z!(z!(z!(z!(z!(z!(z!(z!(z!(LÉLÉzLÉz!(z!(z!(G!.G!.GG!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.Castlegate II Section 201Castlegate II Section 200Castlegate II Section 1004"3"8"6"12"8"6"8"8"8"6 "6"8"8 "8"8 "8"8"12"8"12"6"6"8"8"6"6"8"8"12"12"8"12"6"6"8"3"8 "8"8"12"6"8"8"4"8"8"3"8"8"8"8"6"8"8"6"8 "8"8"8"8"8"6"8"8"8"8"8 "6"8"6"6"CASTLEGATE DRNEWARK CRAMBERLEY PLVICTORIA AVPARNELL DRCAMBER CTSTONE CASTLE CRHEARST CTNORHAM DRABERCORN LNCROWN CTGREENS PRAIRIE RD WNEWARK CIRCLEHADLEIGH LANEODELL LANEVICTORIA AVENUESTONE CASTLE CIRCLEW.S. PHILLIPS PARKWAYHEARST COURT8"8"8 "6"[12" Waterline Extension202 203 204 205 206 THE STATE OF TEXAS ) ) AFFIDAVIT OF BILLS PAID COUNTY OF BRAZOS ) Before me, the undersigned authority, personally appeared ____________________________________ (“Affiant”), _________________________ of ___________________________ (“Contractor”), who being first duly sworn, deposed and state the following: “My name is __________________________. I am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it, which facts are true and correct. Pursuant to that certain _____________________ contract, dated as of ____________, 200__ (the “Contract”) by and between the City of College Station, Texas, and ____________________________________, Contractor furnished labor and materials to construct _____ ____________________________________________________________ on the real property known as ___________________________ (more particularly described in the Contract) the “Project”. To the extend that Contractor constructed or contracted for the construction of such __________________________________________, Contractor has paid each of its sub-contractors, laborers and materialmen in full (except for statutory retainage) for all labor and/or materials provided to Contractor on the Project. To the best of Affiant’s knowledge, Contractor has not received notice of any claims pending against the Project in connection with the ______________________________ described in the Contract. Further, Affiant saith not. Executed this ________ day of _____________________, 200__. AFFIANT: ______________________________ Printed Name:__________________ SUBSCRIBED AND SWORN TO before me on this _____ day of ___________, 200__. ______________________________ Notary Public, State of Texas 207 208 209 January 24, 2013 Consent Agenda Item No. 2k Homeland Security Grant Program To: Frank Simpson, Interim City Manager From: Robert Alley, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the approval of a resolution accepting from the Texas Division of Emergency Management (TDEM) the 2010 Homeland Security Grant Program Grant Adjustment Notice (GAN) of $55,281.53. Recommendation(s): Staff recommends acceptance of the grant from Texas Division of Emergency Management (TDEM). Summary: The City of College Station has been awarded the Homeland Security program grant of $55,281.53 through TDEM. The funding was used by the Police Department to purchase SWAT equipment that will enhance our response capabilities to terrorist threats or catastrophic events. The period of performance of this agreement shall end on July 31, 2012. This will close out the 2010 State Homeland Security Grant. Budget & Financial Summary: There is no impact to the city with this action. Attachments: 2010 Homeland Security Grant Adjustment Notice – 10-GA 15976-02F Resolution Number:___________________ 210 Date of Award January 3, 2013 Texas Department of Public Safety 2010 Grant Adjustment Notice for City of College Station 1. Sub-Recipient Name and Address 2. Prepared by: Youngs, Jamie 3. SAA Award Number: 10-GA 15976-02F Mayor Nancy Berry City of College Station P.O. Box 9960 College Station, TX 77842-0960 4.Federal Grant Information Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number:2010-SS-T0-0008 Date Federal Grant Awarded to TxDPS:August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate 5.Award Amount and Grant Breakdowns SHSP Award Amount (Federal) CFDA: 97.073 $55,281.53 Grant Period: From: Aug 1, 2010 To: Jul 31, 2012 (The SAA must receive all invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83). 7. Method of Payment: Primary method is reimbursement. 8. Debarment/Suspension Certification: The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0 9.Agency Approval Approving TxDPS Official: Machelle Pharr Deputy Assistant Director State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 10.Sub-Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed : 13. DUE DATE: February 17, 2013 Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. 211 2010 TERMS AND CONDITIONS Instructions: The Sub-recipient must: 1. Fill in the contact information and sign the Sub-Recipient Award 2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page. 3. Fill in the contact information located on Page 4. 4. Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information and signing both exhibits. 5. Return all documents to the SAA in accordance with the date provided in the transmittal letter and/or in the agreement. Parties to Sub-recipient Agreement This Sub-recipient Agreement (includes the Sub-recipient Award and the Terms and Conditions) is made and entered into by and between the Department of Public Safety / State Administrative Agency, (DPS/SAA) an agency of the State of Texas, hereinafter referred to as "DPS/SAA," and the funds recipient, hereinafter referred to as the "Sub-recipient.” Furthermore, DPS/SAA and the Sub-recipient are collectively hereinafter referred to as the “Parties.” The Sub-recipient Agreement is only an offer until the Sub-recipient returns the signed copy of the 2010 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement Sub-recipient Agreement Award. Sub-recipient must not assign or transfer any interest in this Sub-recipient Agreement without the express, prior written consent of the SAA. Overview, and Performance Standards All allocations and use of funds under this grant must be in accordance with the FY 2010 Guidelines and Application Kit for the Federal Grant Title specified on the Sub-recipient Agreement Award. All award Sub-recipients are required to have read, understood and accepted the FY 2010 Guidance and Application Kit as binding. Standard of Performance . The Sub-recipient shall perform all activities and projects entered into the SAA web-based grants management system approved by its Regional Planning Group / Urban Area Working Group and/or by the State Administrative Agency (SAA) as applicable. The Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub-recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document: 1. Assurance – Non-Construction Programs, hereinafter referred to as “Exhibit A” 2. Assurance – Construction Programs, hereinafter referred to as “Exhibit B” 3. Certification, hereinafter referred to as “Exhibit C” Failure to Perform. In the event the Sub-recipient fails to implement the project(s) entered into the SAA web-based grants management system, or comply with any of this Sub-recipient agreement’s provisions, in addition to the remedies specified in this Sub-recipient agreement, the Sub-recipient is liable to DPS/SAA for an amount not to exceed the award amount of this Sub-recipient agreement and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by DPS/SAA until repayment to DPS/SAA is made and any other compliance or audit finding is satisfactorily resolved. Initial _____________ Date _______________ Page 2 OF 17 212 DPS/SAA Obligations Measure of Liability. DPS/SAA shall not be liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs. Sub-recipient Agreement Funds Defined and Limit of Liability. The term "Sub-recipient agreement funds" as used in this Sub-recipient agreement means funds provided by DPS/SAA under the DHS/FEMA grant programs. The term "Sub-recipient's funds" or match funds as used in this Sub-recipient agreement means funds provided by the Sub-recipient. Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations incurred by DPS/SAA under this Sub-recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub-recipient agreement. Sub-recipient shall contribute the match funds listed on the Sub-recipient Award page. Excess Payments. The Sub-recipient shall refund to DPS/SAA any sum of Sub-recipient agreement funds that has been paid to the Sub-recipient by DPS/SAA or that DPS/SAA determines has resulted in overpayment to the Sub-recipient or that DPS/SAA determines has not been spent by the Sub-recipient in accordance with this Sub-recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub-recipient shall make such refund to DPS/SAA within thirty (30) days after DPS/SAA requests such refund. Suspension In the event the Sub-recipient fails to comply with any of this Sub-recipient Agreement’s terms, DPS/SAA may, upon written notification to the Sub-recipient, suspend this Sub-recipient agreement in whole or in part, withhold payments to the Sub-recipient and prohibit the Sub-recipient from incurring additional obligations of Sub-recipient agreement funds. Termination DPS/SAA's Right to Terminate. DPS/SAA shall have the right to terminate this Sub-recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever DPS/SAA determines that the Sub-recipient has failed to comply with any of this Sub-recipient agreement’s terms. DPS/SAA shall notify the Sub-recipient in writing prior to the thirtieth (30th) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub-recipient agreement to be terminated. Appeal will be made to the Deputy Director of Homeland Security, Department of Public Safety. Enforcement In taking an enforcement action, the awarding agency will provide the sub-recipient an opportunity for such hearing, appeal, or other administrative proceeding to which the sub-recipient is entitled under any statute or regulation applicable to the action involved. Initial _____________ Date _______________ Page 3 OF 17 213 Conflict of Interest No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Monitoring Sub-recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met. DPS/SAA reserves the right to perform periodic office-based and/or on-site monitoring of the Sub-recipient's compliance with this Sub-recipient agreement’s terms and conditions and of the adequacy and timeliness of the Sub-recipient's performance pursuant to this Sub-recipient agreement. After each monitoring visit, DPS/SAA shall provide the Sub-recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient's performance under this Sub-recipient agreement’s terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient to take action specified in the monitoring report may be cause for this Sub-recipient agreement’s suspension or termination pursuant to the Suspension and/or Termination Section. Audit Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement as required by the Single Audit Act (OMB Circular A – 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub-recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. DPS/SAA’s Right to Audit. DPS/SAA reserves the right to conduct a financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement. The Sub-recipient agrees to permit DPS/SAA or its authorized representative to audit the Sub-recipient’s records. The sub-recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub-recipient’s Liability for Disallowed Costs . The Sub-recipient understands and agrees that it shall be liable to DPS/SAA for any costs disallowed pursuant to financial and compliance audit(s) of Sub-recipient agreement funds. The Sub-recipient further understands and agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub-recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuant to this Sub-recipient agreement or any other federal contract. Sub-recipient’s Facilitation of Audit. The Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/SAA may require of the Sub-recipient. The Sub-recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub-recipient and the requirement to cooperate is included in any subcontract it awards. Other Requirements A. During the performance period of this grant, Sub-recipients must maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM) . This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Sub-recipient’s plan, Sub-recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. Initial _____________ Date _______________ Page 4 OF 17 214 B. Projects identified in the SAA web-based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub-recipient agrees that it will participate in a legally-adopted county and/or regional mutual aid agreement. D. During the performance period, the Sub-recipient must be a registered user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub-recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency - “Cognizant agency” means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 CFR part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the SAA FY 10 COG Statement of Work. G. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership with Federal support. The sub-recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. Closing the Grant A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub-recipient agreement. B. DPS/SAA will close a sub-award after receiving Sub-recipient’s final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub-recipient is owed additional funds, DPS/SAA will send the final payment automatically to the Sub-recipient. If the Sub-recipient did not use all the funds received, DPS/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. At the completion of the sub-recipient’s performance period, DPS/SAA will de-obligate all uncommitted / unexpended funds. Restrictions, Disclaimers and Notices A. In cases where local funding is established by a COG or UASI, governing board, the release of funds by DPS/SAA is contingent upon funding allocation approval by the governing board. B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/SAA’s obligations under this agreement are contingent upon the receipt of adequate funds to meet DPS/SAA’s liabilities hereunder, except as required by IECGP and HSGP grants. DPS/SAA shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub-recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to the Point of Contact listed for the sub-recipient in the SAA Grants Management System shall be deemed received the following business day. Initial _____________ Date _______________ Page 5 OF 17 215 DPS/SAA Contact Information Sub-Recipient Contact Information (Please Fill-In Contact Information below) Deputy Director, Homeland Security Texas Department of Public Safety State Administrative Agency P.O. Box 4087 Austin, TX 78773-0220 Name: Title: Agency: Address: Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Sub-recipient agreement’s provisions, the Sub-recipient shall administer the award through compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive list is provided below A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations (OMB Circular A-110). B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations C. Audit Requirements – OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. D. Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. E. The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2010 Grant Program Guidance and Application Kit. F. The recipient must provide information to FEMA to assist with the legally-required environmental planning and historic preservation (EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO). These EHP requirements include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 – Floodplain Management, EO 11990 – Protection of Wetlands, and EO 12898 – Environmental Justice. The recipient must comply with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. Recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or relates to the use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older. Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA’s EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA’s EHP review will result in a non-compliance finding and may not be eligible for grant funding. G. Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub-recipient agreement’s activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Management Standards (UGMS). H. The sub-recipient(s) must, in addition to the assurances, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award, and the approved application. Initial _____________ Date _______________ Page 6 OF 17 216 Retention and Accessibility of Records Retention of Records . The Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub-recipient agreement funds pursuant to the applicable OMB Circular and this Sub-recipient agreement. The Sub-recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project’s public objective, including program requirements and financial obligations, or the period of time required by other applicable laws and regulations. Sub-recipient shall comply with 44 CFR Section 13.42 and UGMS §-__.42 Access to Records. The Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/SAA, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub-recipient pertaining to this Sub-recipient agreement including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by the Sub-recipient. The Sub-recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 552. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts. Legal Authority Signatory Authority. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authority to enter into this Sub-recipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub-recipient has obligated itself to perform pursuant to this Sub-recipient agreement. Authorized Representative. The person or persons signing and executing this Sub-recipient agreement on the Sub-recipient’s behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub-recipient to execute this Sub-recipient agreement on the Sub-recipient’s behalf and to validly and legally bind the Sub-recipient to all contractual terms, performances and provisions. Conflicts in Requirements . If conflict exists between federal, state, or local requirements, the sub-recipient shall comply with the strictest requirement. . Notice of Litigation and Claims The Sub-recipient shall give DPS/SAA immediate notice in writing of any action, including any proceeding before an administrative agency, filed against the Sub-recipient arising out of the performance under this Sub-recipient agreement Except as otherwise directed by DPS/SAA, the Sub-recipient shall furnish immediately to DPS/SAA copies of all documentation or pleadings received by the Sub-recipient with respect to such action or claim. Non-Waiver of Defaults ANY FAILURE OF DPS/SAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR SAME OR THE RIGHT OF DPS/SAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED. Initial _____________ Date _______________ Page 7 OF 17 217 Indemnity AS PERMITTED BY LAW, SUB-RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OF TEXAS (INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) (“INDEMNITEES”) HARMLESS FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB-RECIPIENT’S NEGLIGENCE (ANY AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES; LIABILITIES; PENALTIES; TAXES; FINES; INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN. IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIPIENT OR ANY EMPLOYEE OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER EMPLOYEE BENEFITS ACTS. SUB-RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE OF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE ANY ADMISSION OF LIABILITY ON THE PART OF ANY OF THE INDEMNITEES. THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. Changes and Amendments Written Amendment . Except as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to this Sub-recipient agreement’s terms shall be made through Grant Adjustment Notices generated by the SAA web-based grants management system and executed by the Parties. Authority to Amend . During the period of this Sub-recipient agreement’s performance DPS/SAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Sub-recipient agreement’s performance requirements. Such policy directives shall be promulgated by DPS/SAA or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub-recipient agreement’s terms and shall be binding upon the Sub-recipient as if written in the Sub-recipient agreement. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub-recipient agreement’s terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub-recipient agreement without written amendment to this Sub-recipient agreement and shall become effective on the date designated by such law or regulation. . In the event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate sub-recipient acceptance of the changes to the award. Initial _____________ Date _______________ Page 8 OF 17 218 Headings Headings and captions of this Sub-recipient agreement’s sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub-recipient agreement’s terms or be used to interpret or assist in the construction of this Sub-recipient agreement. Venue For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law. Initial _____________ Date _______________ Page 9 OF 17 219 Special Conditions 2010 Operation Stonegarden (OPSG) Specific: 1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until each unique, specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special programmatic condition. The Operations Order approval process/structure is as follows: Operations Orders are submitted to (I) the appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC. General: 1) a) Provisions applicable to a sub-recipient that is a private entity. i) You as a sub-recipient, your employees, may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect: or (3) Use forced labor in the performance of the award or sub-award under this award. ii) We may unilaterally terminate this award, without penalty, if the sub-recipient that is a private entity: (1) Is determined to have violated a prohibition in paragraph 1a of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition of this award term through conduct that is either: (a) Associated with performance under this award; or (b) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government Debarment and Suspension (Non-procurement),” as implemented at 2 CFR Part 3000. b) Provisions applicable to a sub-recipient that is other than a private entity. We may unilaterally terminate this award, without penalty, if the sub-recipient that is a private entity: i) Is determined to have violated a prohibition in paragraph 1a of this award term; or ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a1 of this award term through conduct that is either: (1) Associated with performance under this award; or (2) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government Debarment and Suspension (Non-procurement),” as implemented at 2 CFR Part 3000. c) Provisions applicable to any recipient: i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in paragraph a1 of this award term. ii) Our right to terminate unilaterally that is described in 1b or 2 of this section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g), and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. Initial _____________ Date _______________ Page 10 OF 17 220 iii) You must include the requirements of 1a of this award term in any sub-award you make to a private entity. d) Definitions. For purposes of this award term: i) “Employee” means either: (1) An individual employed by a sub-recipient who is engaged in the performance of the project or program under this award: or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. ii) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. iii) “Private entity” means: (1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2 CFR 175.25. (2) Includes: (a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2CFR 175.25(b). (b) A for-profit organization iv) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 2) a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. b) No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information c) Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. d) Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS “ Standard Operation Procedures, Classified Contracting by States and Local Entities,” dated July 7, 20089: EO’s 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are located at: http;//www.dhs/gov/xopnbiz/grants/index.shtm. e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. Please fill in the appropriate information and sign. Type Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Initial _____________ Date _______________ Page 11 OF 17 221 EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGRAMS As the duly authorized representative of the sub-recipient, I certify that the sub-recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction sub-agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Initial _____________ Date _______________ Page 12 OF 17 222 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Please fill in the appropriate information and sign. Type Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Initial _____________ Date _______________ Page 13 OF 17 223 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub-recipient, I certify that the sub-recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally-assisted construction sub-agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Initial _____________ Date _______________ Page 14 OF 17 224 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Please fill in the appropriate information and sign. Type Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Initial _____________ Date _______________ Page 15 OF 17 225 Exhibit C Certifications The undersigned, _________________________ (print), as the authorized official of __________________________ certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL “Disclosure of Lobbying Activities,” in accordance with its instructions C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub-recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients can access debarment information by going to www.epls.gov and the State Debarred Vendor List http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred/ http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred/. 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub-recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub-recipient must require such compliance in any sub-grants or contract at the next tier. G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. H. Drug-free Workplace Act, as amended, 41 U.S.C. §701 et seq. – Requires the recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 CFR Part 17. Initial _____________ Date _______________ Page 16 OF 17 226 I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. Please fill in the appropriate information and sign. Type Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Initial _____________ Date _______________ Page 17 OF 17 227 228 January 24, 2013 Regular Agenda Item No. 1 Brazos Valley Bowl Report To: Frank Simpson, Interim City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action and discussion regarding a report on the Brazos Valley Bowl. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): Staff recommends that the Council receive the update from Sylvia McMullen, Director of the Brazos Valley Bowl and Kendra Fry of the CVB. Summary: After the City Council authorized the commitment of $25,000 from Hotel Occupancy Tax funds, The Brazos Valley Bowl was held at Kyle Field on December1, 2012. Dr. Ted Raspiller, President of the Blinn College Brazos Campuses will be presenting a report on the outcome of the Bowl and the estimated economic impact on the community. Budget & Financial Summary: $25,000 from the HOT Fund was included in the FY2013 Budget in the event that the bowl game was awarded to College Station. Reviewed and Approved by Legal: N/A Attachments: N/A 229 January 24, 2013 Regular Agenda Item No. 2 HOT Fund Event Grant Program To: Frank Simpson, Interim City Manager From: Randall Heye, Economic Development Analyst Agenda Caption: Presentation, possible action, and discussion regarding the approval of an agreement with the Bryan-College Station Convention and Visitors Bureau to administer the Hotel Occupancy Tax Fund Event Grant Program. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): Staff recommends approval of the program. Summary: In 2011 the Bryan-College Station Convention and Visitors Bureau (CVB) engaged The Indigo Resource Group to study how to improve the effectiveness and efficiencies of the hotel occupancy tax (HOT) investments, and then make observations and recommendations to have that happen. The final report was delivered in June 2011, which the CVB then focused on three initiatives: (1) standardize the allocation process for requests to utilize HOT funds, (2) create and implement a way finding master plan, and (3) strengthen stakeholder relationships. On June 14, 2012 city staff presented to Council an overview of a proposed HOT fund event grant application, review, and approval process in an effort to standardize how allocations are made for use of HOT funds. Staff had worked with the CVB and the City of Bryan staffs to collectively come to agreement for the basics of a standardized program while leaving the actual approval for the use of each City’s HOT funds independent of the other. Staff has also worked closely with attorneys for the Texas Hotel & Lodging Association. This agreement will allow the CVB to effectively and efficiently administer the HOT Fund Event Grant Program to sub-recipients. This is similar to the existing agreement in place between the City and the Arts Council of Brazos Valley. Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1. HOT Fund Event Grant Program Agreement will be available at the City Council meeting. 230 January 24, 2013 Regular Agenda Item No.3 Texas 4-H Roundup HOT Fund Event To: Frank Simpson, Interim City Manager From: Randall Heye, Economic Development Analyst Agenda Caption: Presentation, possible action, and discussion regarding the approval of HOT Funding for the Texas 4-H Roundup. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): Staff recommends approval. Summary: The Texas 4-H Roundup is an annual 4-H event for youth between the ages of 11 and 18 that have successfully placed in a qualifying event at the district level or signed up to compete in an invitational event at the state level. The Roundup includes approximately 50 different contests and workshops that test 4-H members on life skills such as decision making, public speaking, organization, and working with others. In accordance with the proposed HOT Fund Event Grant Program, the CVB has received an application from the Texas 4-H Roundup planning committee for the 2013 Roundup to be held in College Station during June 10-14. The 2012 Roundup was previously held in Lubbock, Texas. In accordance with the HOT Fund Event Grant Program as approved by the College Station City Council, this request needs Council approval due to the requested amount. The CVB Executive Committee has previously approved the request, and determined that the use of HOT funds will improve the success of the event and positively impact the local hotel industry. It is estimated the economic impact in College Station will be approximately $1.1 million; consisting of 4,000 attendees and 2,000 room nights. Budget & Financial Summary: The Texas 4-H Roundup has requested $50,000 from the City’s Hotel Occupancy Tax fund. Reviewed and Approved by Legal: N/A Attachments: N/A 231 January 24, 2013 Workshop Agenda Item No. 4 Update on Capital Plan To: Frank Simpson, Interim City Manager From: Chuck Gilman, PE, PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion on an update to the Capital Plan. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff requests that the Council receive the update. Summary: Currently five project managers in the Department of Public Works are managing 57 capital projects. These projects include the design and construction of facilities and infrastructure ranging from roadways and facilities, to parks, pump stations, and pipelines. This presentation will provide an overview of the active projects (planning through the warranty period), highlights from recently completed projects, and a summary of the status of the projects included in the 2008 bond authorization. Budget & Financial Summary: N/A Reviewed and Approved by Legal: No Attachments: N/A 232 January 24, 2013 Regular Agenda Item No. 5 Public Utility Easement Abandonment – 2005 Oakwood Trail To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.07 acre, 15-foot wide public utility easement, which is located on Lot 9R-A of the Sandstone Addition according to the plat recorded in Volume 2685, Page 3164 of the Deed Records of Brazos County, Texas. Relationship to Strategic Initiatives: N/A Recommendation(s): Staff recommends approval of the ordinance. Summary: This public utility easement abandonment accommodates future development of the tract. There are no public or private utilities in the subject portion of easement to be abandoned. The 0.07 acre, 15-foot wide public utility easement to be abandoned is located on Lot 9R-A of the Sandstone Addition according to the plat recorded in Volume 2685, Page 3164 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file at the City Engineer’s Office) 233 Proposed Easement AbandonmentLONGMIRE DRIVEF R O N T A G E 6 R D W SH 6 SOUTHEARL RUDDER FWY SROCK PRAIRIE ROADFROST DRIVEDEACON DRIVETODD TRAILSEBESTA ROADKRENEK TAP ROADBIRD POND ROADO FFRAM P 6 SAUSTIN AVENUEWOODCREEK DRIVEE A R L R U D D E R F W Y NAPPOMATTOX DRIVEEMERALD PARKWAYFOXFIRE DRIVEAIRLINE DRIVETEXAS AVE SSOUTHWEST PARKWAY EASTTREEHOUSE TRAILCENTRAL PARK LANEFAULKNER DRIVESOUTHWOOD DRIVES T O N E B R O O K D R I V E TEXAS AVENUE SOUTHF M 2 8 1 8 S E R V I C E R D HAWK TREE DRIVESPRING CREEKCOLGATE DRIVEO N R A M P 6 N RIO GRANDE BOULEVARDN O R MA N D D R I V EALLEYOFFRAMP 6 N VALLEY VIEW DRIVEMILE DRIVEP IE R R E P L A C E HALEY PLACEFONTAINE DRIVEPONDEROSA DRIVEJ E N N I F E R D R I V E CO RNELL DRIVED A R TM O U TH S TR E E THUNTINGTO N DRIVEWHITNEY LANEW KING COLE DRIVEHILLSIDE DRIVELAUREN DRIVETRUMPETER SWAN DRIVEFINNEYTECHNOLOGY PKWYSHADOW OAKSST THOMAS RDAMBER RIDGE DRIVEBENT OAK STREETBROOKWATER CIRCLEJUSTIN AVENUEALISON AVENUESARA DRIVECAMELLIA COURTFRIARWILDEWOOD CIRCLESANDY CIRCLEROSEBUD COURTNORMAND CIRCLEFOX CIRCLED A R T M O U T H S T R E E T ALLEYO N R A M P 6 N S H 6 S O U T H ALLEYALLEYALLEYOFFRAMP 6 S[VICINITY MAP234 Proposed Easement AbandonmentSANDSTONE DRIVEO A K W O O D T R A I L[LOCATION MAP235 236 237 238 239 January 24, 2013 Regular Agenda Item No. 6 Right-of-Way Abandonment College Heights, Block B, Lots 1, 2, 11 & 12 To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.03 acre right-of-way, which is located on Lots 1, 2, 11 & 12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. Relationship to Strategic Initiatives: N/A Recommendation(s): Staff recommends approval of the ordinance. Summary: This right-of-way abandonment accommodates future development of the tract. A sanitary sewer main exists in the right-of-way as described above and will be removed and relocated by the applicant. The City has received a temporary blanket easement to cover the sanitary sewer removal and relocation. The 0.03 acre, 15-foot wide unimproved public alley to be abandoned is located on Lots 1, 2, 11 &12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file at the City Engineer’s Office) 240 Proposed ROW AbandonmentDOMINIK DRIVEFRANCIS DRIVEHARVEY ROADTEXAS AVENUELINCOLN AVENUEMUNSON AVENUEUNIVERSITY DRIVEUNIVERSITY DRIVE EASTPARK PLACETARROW STREETSPRING LOOPMANUEL DRIVEUNIVERSITY OAKS BOULEVARDPURYEAR DRIVEHOLLEMAN DRIVE EASTDARTMOUTH STREETFOSTER AVENUETEXAS AVENUE SOUTHASHBURN AVENUEMILNER DRIVEGLENHAVEN DRIVEE AR L R U D D ER FW Y S RICHARDS STREETSTERLING STREETREDMOND DRIVEBIZZELL STREETPOLO ROADHENSEL DRIVEFRONT STREETNEW MAIN DRIVECOONER STREETBERKELEY STREETCHURCH AVENUEF R O N T A G E 6 R O A D E A S T GEORGE BUSH DRIVE EASTNAG LE STREETWESTOVER STREETCO RNELL DRIVEMOORE AVENUERAMPLEWIS STREETHARDWOOD LANEALLEYHOLIK STREETW ELLBO RN RDCROSS STREETCHIMNEY HILL DRIVEHALTOM AVENUENICOLAS AVENUETHR O C KM O RTO N STROSS STREETCO KE STREETJONES STREETHOLT STREETLAMAR STREETCOLLEGE AVENUESPENCE STREEETROSE CIRCLEIRELAND STREETMEADOWLAND STREETASBURY STREETATHENS DRIVEC O L G A T E C IR C L E SPENCE STSHADY DRIVEJAMES PARKWAYOLD MAIN DRIVEMERRY OAKS DRIVEROSEMARY LANENEAL PICKETT DRIVEBANKS STREETVASSAR COURTWELLESLEY COURTPRIVATE ACCESSWOLF RUNPEYTON STREETCREST STREETMAGNOLIA DRIVEMOSS STREETWOODHAVEN CIRCLETARA COURTBIZZELL STREETMERRY OAKS DRIVELAMAR STREETRAMPBIZZELL STREETALLEY[VICINITY MAP241 $1!(!(!(!(!(!(!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(G!.G!.0.03 Acre Alley AbandonmentExisting Sanitary Sewer To Be Rerouted6"1"2"6"2"6"1"6"1"6"2"6"6"1"6"6"6"6"1"2"8"6"4"12"4"6"4"6"6"6"12"6"6"8"8"6"6"6"6"O33A2C010NIMITZ STREETEISENHOWER STREETUNIVERSITY DRIVE EASTCOONER STREET6"6"126"[LOCATION MAP242 243 244 245 246 January 24, 2013 Regular Agenda Item No. 7 Public Utility Easement Abandonment College Heights, Block B, Lots 1 & 12 To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.02 acre public utility easement, which is located on Lots 1 & 12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. Relationship to Strategic Initiatives: N/A Recommendation(s): Staff recommends approval of the ordinance. Summary: This public utility easement abandonment accommodates future development of the tract. There are no public or private utilities in the subject portion of the easement to be abandoned. The 0.02 acre, 15-foot wide public utility easement to be abandoned is located on Lots 1 & 12 of Block B of the College Heights Subdivision according to the plat recorded in Volume 7623, Page 231 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file at the City Engineer’s Office) 247 Proposed Easement AbandonmentDOMINIK DRIVEFRANCIS DRIVEHARVEY ROADTEXAS AVENUELINCOLN AVENUEMUNSON AVENUEPARK PLACEUNIVERSITY DRIVESPRING LOOPMANUEL DRIVEHOLLEMAN DRIVE EASTTEXAS AVENUE SOUTHD A R T M O U T H S T R EE T UNIVERSITY OAKS BOULEVARDUNIVERSITY DRIVE EASTPURYEAR DRIVEFOSTER AVENUEASHBURN AVENUEMILNER DRIVEE A R L R U D D E R FW Y SGLENHAV EN DRIVERICHARDS STREETSTERLING STREETTARROW STREETREDMOND DRIVEBIZZELL STREETPOLO ROADHENSEL DRIVEFRONT STREETNEW MAIN DRIVECOONER STREETCO RNELL DRIVEBERKELEY STREETLEWIS STREETHOLIK STREETGEORGE BUSH DRIVE EASTWESTOVER STREETSTALLING S DRIVEF R O N T A G E 6 R O A D E A S T CO KE STREETRAMPTHR O CKM O RTO N STHARDWOOD LANEALLEYCOLLEGE AVENUEO F F R AM P 6 S LUBBOCK STREETBAYOU WOODS DRIVEHALTOM AVENUEGEORGE BUSH DRIVENICOLAS AVENUEBALL STREETROSS STREETJ O N E S S T R E E THOLT STREETLAMAR STREETSPENCE STREEETROSE CIRCLEIRELAND STREETR H E T T B U T LE R D R IV E MEADOWLAND STREETASBURY STREETSHADY DRIVEC O L G A T E C I R C L E JAMES PARKWAYMERRY OAKS DRIVENEAL PICKETT DRIVEMILLIFF ROADT A R R O W S T R E E T E A S T VILLAGE DRIVEH O U STO N STR EETWOLF RUNCREST STREETMAGNOLIA DRIVEMOSS STREETARGUELLO DRIVEWOODHAVEN CIRCLETARA COURTBIZZELL STREETBIZZELL STREETALLEY[VICINITY MAP248 $1!(!(!(!(!(!(!!!!!!!!!!!!!(!(!(!(!(!(!(!(!(!(!(!(G!.G!.0.02 Acre Easement Abandonment6"1"2"6"6"2"6"1"6"1"6"2"6"6"1"6"6"6"6"1"2"8"6"4"12"4"6"4"6"6"6"12"6"6"8"8"6"6"6"6"O33A2C010NIMITZ STREETEISENHOWER STREETUNIVERSITY DRIVE EASTCOONER STREET6"126"[LOCATION MAP249 250 251 252 253 254 255 November 19, 2012 Regular Agenda Item No. 8 Joint Relief Funding Review Committee Appointment To: Frank Simpson, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Presentation, possible action, and discussion on an appointment to the Joint Relief Funding Review Committee. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): N/A Summary: A vacancy currently exists on the Joint Relief Funding Review Committee. Advertising for applicants to fill the vacancy began in mid-November. The deadline to receive applications was December 24, 2012. Staff received one application for the Joint Relief Funding Review Committee. The Joint Relief Funding Review Committee (JRFRC) meets on a weekly basis in April and May to review applications received from local non-profit agencies for Community Development Block Grant Public Service funding. The JRFRC makes funding allocation recommendations that will be included in the Community Development Action Plan and presented to City Council for approval prior to August 16th. Budget & Financial Summary: N/A Attachments: 1. Applications Received 256