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HomeMy WebLinkAbout10/08/2015 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, October 8, 2015 1. Pledge of Allegiance, Invocation, Consider absence request. Presentations: *Presentation to the Down Syndrome Association of Brazos Valley proclaiming October 2015 as Down Syndrome Awareness Month. * Proclamation celebrating October 8, 2015 as Paint the Town Pink Day 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 1/2 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, Council or 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 forms 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. Presentation, possible action, and discussion of minutes for: · September 21, 2015 Regular Meeting 15-05642a. Sponsors:Mashburn RM092115 DRAFT Minutes.docxAttachments: Presentation, possible action, and discussion regarding an Economic Development Agreement between the City of College Station and the College Station Science Park, LLC regarding approximately 53.80 acres located at 2501 Earl Rudder Freeway 15-05182b. Page 1 College Station, TX Printed on 10/2/2015 October 8, 2015City Council Regular Meeting Agenda - Final South known as the College Station Science Park. Sponsors:Ruiz Science Park EDA to CC 10-8-15.docxAttachments: Presentation, possible action, and discussion on a lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities.. 15-03552c. Sponsors:Roper Wirestar signed lease.pdfAttachments: Presentation, possible action, and discussion regarding approval of Change Order No. 3 to the construction contract with Angel Brothers, Inc. in the amount of $78,811.17 for the Rock Prairie Road Rehabilitation project. 15-05562d. Sponsors:Harmon CO#3 signed.pdfAttachments: Presentation, possible action, and discussion regarding approval of a recycling collection franchise ordinance and service agreement with CCAA, LLC., d/b/a Brazos Valley Recycling. 15-05572e. Sponsors:Caler BVR Contract #-16300002-.pdfAttachments: Presentation, possible action, and discussion regarding approval of Change Order No. 1 to the design contract in the amount of $11,285 for the Southland Drainage Improvements project. 15-05592f. Sponsors:Harmon Project Map.pdf CO#1 signed.pdf Attachments: Presentation, possible action, and discussion authorizing the award of Bid No. 15-080 for the purchase of City branded uniforms for Parks athletic programs and for other City departments with CC Creations ($40,000) and Monograms and More ($40,000) and Promotional Designs, Inc. ($40,000) for a combined annual estimated expenditure of $120,000. 15-05652g. Sponsors:Kersten Tabulation.pdfAttachments: Presentation, possible action, and discussion on the Arts Council of the Brazos Valley budget, and; presentation, possible action and discussion on the FY 16 General Fund ($35,000) and hotel tax ($96,000) funding agreements for the Arts Council of the Brazos 15-05662h. Page 2 College Station, TX Printed on 10/2/2015 October 8, 2015City Council Regular Meeting Agenda - Final Valley. Sponsors:Kersten Arts Council FY16 Budget.pdfAttachments: Presentation, possible action, and discussion on the Bryan /College Station Chamber of Commerce budget and presentation, possible action and discussion on a FY 16 hotel tax funding agreement for $25,000 with the Bryan/College Station Chamber of Commerce. 15-05672i. Sponsors:Kersten Chamber of Commerce FY16 Budget.pdfAttachments: Presentation, possible action, and discussion on a FY 16 General Fund funding agreement for $15,000 with the College Station Noon Lions Club. 15-05682j. Sponsors:Kersten Presentation, possible action, and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY16 in the amount of $1,727,855. 15-05692k. Sponsors:Kersten CVB Budget FY16 revised.pdfAttachments: Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau (CVB) for FY16 in the amount of $350,000 to administer the CVB Grant Program. 15-05702l. Sponsors:Kersten Presentation, possible action, and discussion on a resolution authorizing the expense of $205,000 the Aggieland Humane Society, Inc., for animal shelter services. 15-05712m. Sponsors:Kersten Animal Shelter Resolution.docxAttachments: Presentation, possible action, and discussion on the FY 16 sanitation fund funding agreement for $56,690 with Keep Brazos Beautiful. 15-05722n. Sponsors:Kersten Presentation, possible action, and discussion on the FY 16 general fund funding agreement for $350,000 with Research Valley 15-05732o. Page 3 College Station, TX Printed on 10/2/2015 October 8, 2015City Council Regular Meeting Agenda - Final Partnership (RVP). Sponsors:Kersten Presentation, possible action, and discussion on approving the Memorial for all Veterans of the Brazos Valley budget and presentation, discussion and possible action on a FY 16 hotel tax funding agreement for $25,000 with Memorial for All Veterans of the Brazos Valley. 15-05742p. Sponsors:Kersten Veterans Memorial FY16 Budget.pdfAttachments: Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Community Housing Development Organization (CHDO) Set-Aside funds with Elder-Aid, Inc. in the amount of $159,598 for acquisition and rehabilitation of two (2) existing dwelling units to be used as affordable rental housing for income-eligible elderly households. 15-05822q. Sponsors:Eller Attachment 1 - Contract.pdfAttachments: Presentation, possible action, and discussion on approving a Change Order to the “Cayenta Software Implementation Services Agreement” between the City of College Station and N. Harris Computer Corporation (dba Cayenta). This Change Order will increase the contract by $76,800 for a new total of $711,752. 15-05852r. Sponsors:Roper CSTX - CO-002 - Project Extension v0.7.docAttachments: 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 1/2 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 Page 4 College Station, TX Printed on 10/2/2015 October 8, 2015City Council Regular Meeting Agenda - Final 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. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 4, “Business Regulations,” Section 4-20 “Mobile Food Vendors,” and Chapter 12, “Unified Development Ordinance,” Article 6 “Use Regulations,” Section 12-6.3 “Types of Use,” and Section 12-6.4 “Specific Use Standards” of the Code of Ordinances of the City of College Station, Texas, regarding mobile food vendors and mobile food courts. 15-05601. Sponsors:Hitchcock MFV Ordinance 9-25-15.docx DRAFT Redline Sec. 4.20 MFV.pdf DRAFT Redline Section 6.3 Types of Use.pdf DRAFT RedlineSection 6.4 Specific Use Standards.pdf Attachments: Public Hearing, presentation, possible action, and discussion on a resolution that establishes the City Council determination that the use of certain Greenway areas is allowable and that no other feasible or prudent alternatives exist for Public Utility Easements for the construction of the Spring Creek Transmission Line and that all reasonable planning measures have been taken to minimize harm to such Greenways. 15-05622. Sponsors:Michalsky CoCS-Greenway-Easement15a_signed.pdf Greenway crossing area.pdf Lick-Creek-Greenway-Notice-Public-Hearing_08312015.doc Legal ad.pdf Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban for the property being a 4.322 acre tract in the Bald Prairie Subdivision, Lot 3A, in the City of College Station, Brazos County, Texas, and as recorded in Volume 6749, Page 20, of the Official Records of Brazos County, Texas, generally located 15-05753. Page 5 College Station, TX Printed on 10/2/2015 October 8, 2015City Council Regular Meeting Agenda - Final between Passendale Lane and Leyla Lane. Sponsors:Simms Background Aerial and Small Area Map Ordinance Attachments: Presentation, possible action, and discussion regarding appointments to the Brazos Central Appraisal District. 15-05874. Sponsors:Mashburn BCAD_20150928141610.pdfAttachments: 5. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on October 2, 2015 at 5:00 p.m. _____________________ City Secretary This 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) 764-3541 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. Page 6 College Station, TX Printed on 10/2/2015 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0564 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:9/21/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion of minutes for: ·September 21, 2015 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:RM092115 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •September 21, 2015 Regular Meeting Relationship to Strategic Goals: (Select all that apply) ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •September 21, 2015 Regular Meeting College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ RM092115 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 21, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich, arrived after roll call Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager 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 t o order by Mayor Berry at 3:01 p.m. on Monday, September 21, 2015 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve Councilmember Benham’s absence request. The motion carried unanimously. Presentation to DAR proclaiming September 17023 as Constitution Week. Mayor Berry presented the proclamation to La Villita members Mary Elizabeth Dresser, Leonora Owre, Faye Hartfield, Tammy Tiner, and Laura Harding. Presentation to the Brazos Valley Fair and Rodeo proclaiming October 12 - 18, 2015 as Brazos Valley Fair Week. RM092115 Minutes Page 2 Mayor Berry presented the proclamation to Tom Quarles, General Manager, Brazos County Expo & Brazos Valley Fair & Rodeo; and Fiona Meyer, Senior Manager, Brazos Valley Fair & Rodeo. Presentation and recognition to the Big Event of Texas A&M for the Governor’s Higher Education Community Impact Award. Mayor Berry presented the proclamation to Kai Jones, Courtney Cotter, and Wayne Beckermann, all with the Big Event. Hear Visitors Comments There were no citizen comments. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  September 10, 2015 Workshop  September 10, 2015 Regular Meeting 2b. Presentation, possible action, and discussion regarding Resolution 09-21-15-2b, entering into an agreement and approving the reimbursement of the City's 10% contribution for right-of-way costs to the Texas Department of Transportation (TXDOT) in the amount of $1,190,231.66 for the FM 2347 / FM 2154 Interchange Project. 2c. Presentation, possible action, and discussion on Resolution 09-21-15-2c, granting authority to the City Manager or his designees as authorized officials for execution of documents necessary to submit the Texas Traffic Safety Grant Application and Agreement to the Texas Department of Transportation. 2d. Presentation, possible action, and discussion regarding purchase orders to Osburn Associates Inc. for $42,193.75 and N-Line Traffic Maintenance for $42,447 for purchasing traffic signs and posts. 2e. Presentation, possible action, and discussion on the notifications for change orders from TxDOT on the Rock Prairie Road Overpass project in the amount of $12,719.05, $41,241.90, and $15,871.22, (total $69,832.17) and authorizing the City Manager to execute the acknowledgement notification on behalf of the City Council. 2f. Presentation, possible action, and discussion regarding approval of a two year service contract between the City of College Station and Andrews Building Service, Inc. in the amount of $486,571.84, or $243,285.92 annually for annual janitorial services for City facilities and the Northgate District. Annual costs for citywide janitorial services are $183,189.52 and annual Northgate District cleaning and trash service is $60,096.40. 2g. Presentation, possible action, and discussion regarding Change Order No. 1 to the Royder - Live Oak Sewer Extension Professional Services Contract (14-170) with Jones & Carter, Inc., reducing the total by $51,150. RM092115 Minutes Page 3 2h. Presentation possible action, and discussion regarding the award of contract 15300345 to Brazos Paving Inc. for the purchase and installation of Type D Hot Mix Asphalt Concrete and Emulsion for an amount not to exceed $2,973,300. 2i. Presentation, possible action, and discussion regarding updating water tap fees to reflect current costs, and Ordinance 2015-3707, amending Chapter 11, “Utilities” of the Code of Ordinances of the City of College Station, Texas, by amending section 2(d)(4)(a)(i) as set out below; providing for an increase in water tap fees; and providing an effective date. 2j. Presentation, possible action, and discussion regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, and Auto Property Damage policies for Fiscal Year 2016. FY16 premiums for all lines of coverage total $454,685.31. 2k. Presentation, possible action and discussion regarding construction contract 15300348 with Vox Construction, LLC, in the amount of $152,575.69 for pedestrian facility improvements at four different intersections. 2l. Presentation, possible action, and discussion regarding the second of two readings of Ordinance 2015-3698, amending the Residential Recycling Collection Franchise Agreement (Ordinance No. 2010-3268) with Texas Commercial Waste (TCW). 2m. Presentation, possible action and discussion to authorize expenditure of funds for FY 2016 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. 2n. Presentation, possible action, and discussion regarding approval of a service contract with Xpedient Mail, in an amount not to exceed $230,000 for utility bill, late notice and utility bill insert printing and mailing. 2o. Presentation, possible action and discussion on a bid award for the purchase of various electric capacitor banks which will be maintained in electrical inventory and expended as needed. The total recommended award is $178,388 and will be awarded by line item to the lowest responsible bidder. 2p. Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and the City of Fort Worth to provide oil and gas well inspections and related services. 2q. Presentation, possible action, and discussion regarding the annual EMS supply purchase order with Boundtree Medical L.L.C. for $80,000. Items 2f, 2i, 2k, and 2p were pulled for clarification. RM092115 Minutes Page 4 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3699, amending Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design And Improvements,” Section 8.3 “General Requirements And Minimu m Standards of Design For Subdivisions Within The City Limits,” Section W “Single-Family Residential Parking Requirements for Platting,” and Chapter 12, “Unified Development Ordinance,” Article 11 “Definitions” Section 11.2 “Defined Terms” of the Code of Ordinances of the City of College Station, Texas, regarding Single-Family Residential Parking Requirements for Platting. Jennifer Prochazka, Planning and Development, reported that “Single-Family Residential Parking Requirements for Platting” is the section of the Subdivision Regulations that requires new single-family residential developments to mitigate potential neighborhood parking problems and maintain certainty of emergency vehicle access through subdivision design. The proposed amendments are intended to provide additional options and increased flexibility for single-family developments. Proposed changes include:  Ordinance sections have been re-arranged for ease of use;  27-foot wide streets allowing parking on one side  Changes to visitor parking standards;  No on-street parking on narrow streets;  Modified traffic calming section;  Right-of-way requirements for wider streets; and  Alley-fed parking standards. Staff met with the Joint Neighborhood Parking Task Force in June to discuss the proposed changes, and a two week public review period was offered in July to receive feedback on the amendment. Staff received several comments and/or questions related to the ordinance amendment and made revisions as necessary. At approximately 3:22 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 3:22 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015- 3699, amending Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design And Improvements,” Section 8.3 “General Requirements And Minimum Standards of Design For Subdivisions Within The City Limits,” Section W “Single-Family Residential Parking Requirements for Platting,” and Chapter 12, “Unified Development Ordinance,” Article 11 “Definitions” Section 11.2 “Defined Terms” of the Code of Ordinances of the City of College Station, Texas, regarding Single-Family Residential Parking Requirements for Platting. The motion carried unanimously. RM092115 Minutes Page 5 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3700, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to SC Suburban Commercial for approximately 7.91 acres being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being all of the 4.71 acre tract described in the deed from Eugene B. Savage, III, to Eugene B. Savage, III, Revocable Trust, to Jupiter & Space Property, LLC, recorded in Volume 9849, Page 220, of the Off icial Records of Brazos County, Texas, and all of the 3.19 acre tract described in the deed from Larry Ruffino, Trustee, to Jupiter & Space Property, LLC, recorded in Volume 9849, Page 214, of the Official Records of Brazos County, Texas. Generally located at 2970 Barron Road, more generally located southwest of the intersection of William D. Fitch Pkwy and Barron Road. Councilmember Schultz recused herself from the discussion. Laura Walker, Planning and Development, reported that the applicant has requested the proposed amendment to rezone the property to Suburban Commercial as a step toward developing office and commercial uses. The Planning and Zoning Commission considered this item on September 3, 2015 and voted unanimously to recommend approval of the rezoning request. Staff also recommends approval of the rezoning request. At approximately 3:26 p.m., Mayor Berry opened the Public Hearing. Paul Murphy, 12633 SH 30, representing the developer, spoke in favor of the project. There being no further comments, the Public Hearing was closed at 3:28 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, the City Council voted five (5) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2015-3700, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to SC Suburban Commercial for approximately 7.91 acres being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being all of the 4.71 acre tract described in the deed from Eugene B. Savage, III, to Eugene B. Savage, III, Revocable Trust, to Jupiter & Space Property, LLC, recorded in Volume 9849, Page 220, of the Official Records of Brazos County, Texas, and all of the 3.19 acre tract described in the deed from Larry Ruffino, Trustee, to Jupiter & Space Property, LLC, recorded in Volume 9849, Page 214, of the Official Records of Brazos County, Texas. Generally located at 2970 Barron Road, more generally located southwest of the intersection of William D. Fitch Pkwy and Barron Road. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3701, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official RM092115 Minutes Page 6 Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District in order to revise the commercial component of a mixed-use development for approximately 11 acres being Lot 1A, 2A and 3, Block 1 of Northpoint Crossing Subdivision, College Station, Brazos County, Texas, generally located at the northwest intersection of University Drive and Texas Avenue. The applicant requested that this item be pulled from the agenda. 4. Public Hearing, presentation, possible action, and discussion on Ordinance 2015-3702, for a Conditional Use Permit for a Night Club/Bar/Tavern, more specifically the Eskimo Hut, consisting of approximately 2,475 square feet of the Woodstone Shopping Plaza being Park Place, Block 4, Lot 3, generally located at 919 Harvey Road, located on the east side of Woodstone Shopping Center which is generally located on the northwest corner of Harvey Road and Munson Avenue. Madison Thomas, Planning and Development, stated that this request is for a conditional use permit for a bar in a 2,475 tenant lease space of the Woodstone Shopping Center. The Planning and Zoning Commission considered this item at their September 3, 2015 meeting and voted unanimously to recommend approval of the conditional use permit. Staff also recommends approval. Tyler Stevenson, 2320 Pronghorn, applicant, explained how they manage under-age customers and the open container restrictions. At approximately 3:41 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 3:41 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Mooney, the City Council voted two (2) for and four (4) opposed, with Mayor Berry and Councilmembers Aldrich, Nichols, and Schultz voting against, to adopt Ordinance 2015-3702, for a Conditional Use Permit for a Night Club/Bar/Tavern, more specifically the Eskimo Hut, consisting of approximately 2,475 square feet of the Woodstone Shopping Plaza being Park Place, Block 4, Lot 3, generally located at 919 Harvey Road, located on the east side of Woodstone Shopping Center which is generally located on the northwest corner of Harvey Road and Munson Avenue, contingent upon removing the drive-through aspect in regard to incompatibility to the surrounding area. The motion failed. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Aldrich, the City Council voted four (4) for and two (2) opposed, with Councilmembers Brick and Mooney voting against, to adopt Ordinance 2015-3702, for a Conditional Use Permit for a Night Club/Bar/Tavern, more specifically the Eskimo Hut, consisting of approximately 2,475 square feet of the Woodstone Shopping Plaza being Park Place, Block 4, Lot 3, generally located at 919 Harvey Road, located on the east side of Woodstone Shopping Center which is generally located on the northwest corner of Harvey Road and Munson Avenue. The motion carried. RM092115 Minutes Page 7 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3703, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from D Duplex to GC General Commercial for approximately 0.499 acres being Lots 3 & 10, Block B and a portion of the Alley of the College Heights Subdivision, generally located at 408 Nimitz Street and 409 Eisenhower Street, more generally located north of University Drive East and south of Cooner Street. Councilmember Schultz recused herself from discussion on this item. Mark Bombek, Planning and Development, reported that the applicant has requested the proposed amendment to rezone the 0.499 acre property from Duplex to General Commercial as a step toward the expansion of an existing retail sales use fronting University Drive. The Planning and Zoning Commission considered this item on September 3, 2015 and voted unanimously to approve the rezoning request. Staff also recommends approval of the rezoning request. At approximately 3:58 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 3:58 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Aldrich, the City Council voted five (5) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2015-3703, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from D Duplex to GC General Commercial for approximately 0.499 acres being Lots 3 & 10, Block B and a portion of the Alley of the College Heights Subdivision, generally located at 408 Nimitz Street and 409 Eisenhower Street, more generally located north of University Drive East and south of Cooner Street. The motion carried. 6. Public Hearing, presentation, possible action, and discussion on Ordinance 2015-3704, Budget Amendment #2, amending Ordinance No. 3605 which will amend the budget for the 2014-2015 Fiscal Year in the amount of $2,637,463; and presentation, possible action and discussion on an inter-fund budget transfer in the amount of $942,950 and an intra-fund budget transfer of $2,329,559. Jeff Kersten, Assistant City Manager, reported that the proposed budget amendment will increase the FY15 budget appropriations by $2,637,463. Also included is an inter-fund budget transfer in the amount of $942,950 and an intra-fund budget transfer of $2,329,559. Staff recommends the City Council approve Budget Amendment #2, the inter-fund budget transfer, and the intra-fund budget transfer. At approximately 4:05 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 4:05 p.m. RM092115 Minutes Page 8 MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015-3704, Budget Amendment #2, amending Ordinance No. 3605 which will amend the budget for the 2014-2015 Fiscal Year in the amount of $2,637,463; and approve an inter-fund budget transfer in the amount of $942,950 and an intra-fund budget transfer of $2,329,559. The motion carried unanimously. 7. Presentation, possible action, and discussion on Ordinance 2015-3705, adopting the City of College Station 2015-2016 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. Jeff Kersten, Assistant City Manager, briefed the Council on budget changes derived from Council direction from the budget workshops. There is a net increase of $5,459,652 based on changes to the pay plan, information technology, the electric fund, the outside agency budget, and the capital project budget. The proposed budget with revisions is $309,576,087. MOTION: Upon a motion made by Councilmember Schultz and a second by Mayor Berry, the City Council voted one (1) for and five (5) opposed, with Mayor Berry and Councilmembers Brick, Aldrich, Mooney, and Nichols voting against, to approve Ordinance 2015-3705, adopting the City of College Station 2015-2016 Budget, excluding the CVB budget request for a separate vote. The motion failed. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted five (5) for and one (1) opposed, with Councilmember Schultz voting against, to approve Ordinance 2015-3705, adopting the City of College Station 2015-2016 Budget, with the revisions presented tonight. The motion carried. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to approve ratifying the property tax revenue increase reflected in the budget. The motion carried unanimously. 8. Presentation, possible action, and discussion on approval of Ordinance 2015-3706, adopting the City of College Station 2015-2016 ad valorem tax rate of $0.452500 per $100 assessed valuation, the debt service portion being $0.193052 per $100 assessed valuation and the operations and maintenance portion being $0.259448 per $100 assessed valuation. Jeff Kersten, Assistant City Manager, stated that Council has held two public hearings on a tax rate of $0.452500. This is the same tax rate as the current tax rate. The tax rate must be adopted as two separate components - one for Operations and Maintenance and one for Debt Service. MOTION: Upon a motion made by Councilmember Mooney and a second by Mayor Berry, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015-3706, that the property tax rate be increased by the adoption of a tax rate o f 45.25 cents per $100 assessed valuation, which is effectively a 4.06 percent increase in the tax rate. It was also moved that the Maintenance and Operations rate be 25.9448 cents per $100 assessed valuation; and the Debt Service rate be 19.3052 cents per $100 assessed valuation. The motion carried unanimously. RM092115 Minutes Page 9 9. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 4:44 p.m. on Monday, September 21, 2015. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0518 Name:College Station Science Park Status:Type:Agreement Consent Agenda File created:In control:8/28/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion regarding an Economic Development Agreement between the City of College Station and the College Station Science Park, LLC regarding approximately 53.80 acres located at 2501 Earl Rudder Freeway South known as the College Station Science Park. Sponsors:Natalie Ruiz Indexes: Code sections: Attachments:Science Park EDA to CC 10-8-15.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an Economic Development Agreement between the City of College Station and the College Station Science Park, LLC regarding approximately 53.80 acres located at 2501 Earl Rudder Freeway South known as the College Station Science Park. Relationship to Strategic Goals: ·Financially Sustainable City ·Diverse Growing Economy Recommendation: Staff recommends approval of the Economic Development Agreement. Summary: The purpose of the Economic Development Agreement is to provide incentives to encourage reinvestment and provide shovel-ready sites for research and high tech manufacturing opportunities in College Station. The overall strategy is to position existing underutilized and underperforming properties to take advantage of new development opportunities. Recent commercialization efforts at Texas A&M University will create additional demand for shovel-ready sites within the community. Encouraging reinvestment in the subject property can provide much needed opportunities for job creation in the research and high tech manufacturing industries. The ten year agreement is performance based and requires the property owner to improve the overall tax value in order to qualify for a rebate of city taxes paid for the previous year. For example, if the property owner constructs a new building valued by the Appraisal District for $5M, the property owner could be eligible for a rebate of city taxes paid which would be approximately $22,625 per year. If the property owner does not improve the tax value, they are not eligible for a rebate. Additional incentives in the agreement include fast track permitting and project facilitation including discounted permitting fees. College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0518,Version:1 The City Council is delegating authority to the City Manager to negotiate any further agreements with the developer and any tenant or end-user that are referenced in this Agreement or that may be necessary in connection with the EDA. Budget & Financial Summary: The agreement is performance based and allows the owner to apply for a rebate of property taxes if all criteria is met. Attachments: Economic Development Agreement College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 1 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND CS SCIENCE PARK, L.L.C. This Grant Agreement (this “Agreement”) is entered into by and between the CITY OF COLLEGE STATION, TEXAS, a home-rule municipal corporation organized under the laws of Texas (hereinafter referred to as “CITY”), and CS SCIENCE PARK, L.L.C., a Texas Limited Liability Company (hereinafter referred to as “DEVELOPER”). PREAMBLE WHEREAS, CITY is authorized and empowered under applicable Texas laws pertaining to economic development to aid in the development of commercial enterprises and redevelopment projects within the geographic boundaries of CITY and its extraterritorial jurisdiction by offering economic and other incentives to prospective new, developing, and expanding businesses pursuant to TEXAS LOCAL GOVERNMENT CODE, Chapter 380; and WHEREAS, CITY actively seeks economic development prospects in College Station through participation in and establishment of an economic development program; and WHEREAS, CITY desires to stimulate business, increase the City’s tax base and create new jobs for its citizens; and WHEREAS, DEVELOPER owns the existing facility known as the “Science Park” located on approximately 53.80 acres along the State Highway 6 Corridor, 2501 Earl Rudder Freeway South, in College Station, Texas; and WHEREAS, DEVELOPER owns the existing facility known as the “Science Park” that is an existing light industrial property that is under performing, not utilized to its fullest potential and could provide much needed research and development space within the city limits; and WHEREAS, CITY considers the “Science Park” as a high priority location for new industrial and advanced manufacturing opportunities including the commercialization efforts of Texas A&M University to keep technology, research and development efforts local; and WHEREAS, CITY considers DEVELOPER to be a qualified economic development prospect that will, itself or by attracting desired end-users and tenants, add capital investment, and create new jobs in the community; and WHEREAS, DEVELOPER intends to construct or attract tenants and end-users to construct improvements and renovations on the Property primarily for office, research, industrial, and manufacturing uses including, without limitation, limited commercial and retail land uses along the Earl Rudder Freeway frontage; and WHEREAS, in consideration of the construction of the improvements and renovations and in accordance with the performance measures set forth herein, CITY agrees to grant to DEVELOPER Cash Incentives as set out herein; and {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 2 WHEREAS, to ensure that the benefits CITY provides under this Agreement are utilized in a manner consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 380 and other law, DEVELOPER agrees to comply with certain conditions for receiving those benefits, including conditions relating to property development; and WHEREAS, as of January 1, 2015, the assessed values of the real property and tangible personal property were $8,763,870 and $97,470, respectively; and NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises hereinafter set forth, CITY and DEVELOPER (each a “Party,” collectively, the “Parties”) represent and agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Developer, during the term of such control. A person or entity will be deemed to be “controlled” by any other person or entity if such other person or entity (a) possesses, directly or indirectly, power to direct or cause the direction of the management of such person or entity whether by contract or otherwise, (b) has direct or indirect ownership of at least fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general election of directors of the person or entity or (c) has direct or indirect ownership of at least fifty percent (50%) of the equity interests in the entity. “Base Year Taxable Value” shall mean the Taxable Value for the Property as of January 1, 2016. “Cash Incentive(s)” shall mean that amount paid each year by CITY to DEVELOPER as a grant under TEXAS LOCAL GOVERNMENT CODE, Chapter 380. Such amount shall be calculated based upon the Incremental Taxable Value for each year of the Agreement, unless otherwise provided herein. “Developer” shall mean CS SCIENCE PARK, L.L.C. “End-User” shall mean any person or entity to whom all or a portion of the Property is sold or transferred in accordance with Section 4.4 below. “Effective Date” shall mean the date upon which this Agreement is fully executed by all Parties, unless the context indicates otherwise. “First Year of Cash Incentive(s)” shall mean the 2017 calendar year. {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 3 “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Improvements” shall mean the construction of new or the rehabilitation of existing facilities on the Real Property and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed with CITY, from time to time, in order to obtain a building permit(s). Improvements may include future retail and general commercial uses as determined by the City Council through the rezoning process. “Incremental Taxable Value” means the Taxable Value for the Property less the Base Year Taxable Value as of January 1st of a given year. “Payment Request” means a written request from DEVELOPER to the CITY for payment of the Cash Incentive accompanied by evidence of the payment of the ad valorem taxes assessed against the Property whether paid by the full or by the split payment option. “Property” means the Real Property and Tangible Personal Property. “Real Property” means the real property depicted and described in Exhibit “A”, including all Improvements constructed thereon. “Tangible Personal Property” shall mean all tangible personal property, equipment and fixtures, excluding inventory and supplies, owned or leased by DEVELOPER, End-Users or by tenants in the Real Property that is added to the Improvements subsequent to the execution of this Agreement. “Target Uses” shall mean office, research, industrial and manufacturing uses, as well as limited commercial and retail land uses along the Earl Rudder Freeway frontage; “Taxable Value” means the appraised value as certified by the Brazos Central Appraisal District as of January 1st of a given year. Article II General Provisions 2.1 The Preamble is hereby found to be true and is hereby approved and copied into the body of this Agreement as if copied in its entirety. 2.2 DEVELOPER owns the Real Property, which Real Property is located within the city limits of the City of College Station. DEVELOPER intends to construct or rehabilitate and operate and/or attract tenants and End-Users to construct or rehabilitate and operate the Improvements on the Real Property. {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 4 2.3 DEVELOPER shall, before August 25th of each calendar year that the Agreement is in effect, certify in writing to CITY that it is in compliance with each term of the Agreement. 2.4 The Real Property and the Improvements constructed thereon at all times owned by DEVELOPER shall be used in the manner (i) that is consistent with CITY’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period Cash Incentives are provided hereunder, is consistent with the general purposes of encouraging development or redevelopment. CITY will promptly notify DEVELOPER if CITY believes DEVELOPER is not complying with this Section 2.4. 2.5 The term of this Agreement shall extend from the Effective Date until the end of, calendar year 2026, plus the period following December 31, 2026, required for the CITY to receive the taxes based on the Incremental Taxable Value (if any) for 2026 and to pay any Cash Incentive due to DEVELOPER for 2026. 2.6 The City Manager of the CITY will negotiate any further agreements with DEVELOPER and any tenant or End-User that are referenced in this Agreement or that may be necessary or desirable in connection with this Agreement. Article III Cash Incentives Authorized 3.1 Subject to the terms and conditions of this Agreement, the CITY agrees to annually reimburse the DEVELOPER an amount equal to the Incremental Taxable Value for such year, provided that the total amount of Cash Incentives paid under this Agreement will not exceed $1,000,000. In no event will the Cash Incentive paid in connection with a tax year exceed the amount of ad valorem taxes actually paid on the Property for such tax year. The CITY’s obligation under this Section is subject to annual appropriation by the College Station City Council. 3.2 The total amount of Cash Incentives paid under this Agreement will in no event exceed $1,000,000, at which time CITY’s obligation to grant Cash Incentives to DEVELOPER ends. 3.3 CITY will remit the first Cash Incentive to DEVELOPER no later than sixty (60) days after a Payment Request from the DEVELOPER. Beginning with the First Year of Cash Incentives, DEVELOPER may submit a Payment Request after the full or split option payment of the ad valorem taxes. 3.4 During the term of this Agreement, DEVELOPER shall be subject to all taxation, including but not limited to, sales tax and ad valorem taxation; provided, this Agreement does not prohibit DEVELOPER from claiming any exemptions from tax provided by applicable law. Article IV Performance Requirements 4.1 DEVELOPER and/or its tenants and End-Users will make Improvements to the Real Property and DEVELOPER and/or its tenants and End-Users will place Tangible Personal {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 5 Property on the Real Property valued at no less than a total of $1,500,000.00 over the term of the Agreement (“DEVELOPER Investment”). 4.2 DEVELOPER agrees to aggressively pursue new commercial and industrial tenants and End-Users to add value to the Property and create new jobs. 4.3 DEVELOPER agrees to aggressively pursue opportunities with Texas A&M University and the Texas Engineering Extension Service to enhance commercialization efforts concentrated on research, development and advanced manufacturing efforts locally. 4.4 DEVELOPER agrees to continuously own the Real Property for the term of this Agreement; provided, (i) DEVELOPER without CITY consent may engage in a sale-leaseback or similar transfer of ownership of the Real Property as long as DEVELOPER continues to operate the Real Property, (ii) DEVELOPER without CITY consent may transfer ownership of the Real Property to an Affiliate, (iii) DEVELOPER may transfer ownership of the Real Property to a person that CITY approves as an assignee of this Agreement pursuant to Section 9.8 of this Agreement, (iv) DEVELOPER may sell up to fifteen percent (15%) of the Property located adjacent to Highway 6 (“Outparcels”) without CITY consent, and (v) with the consent of the CITY Manager, which consent shall not be unreasonably withheld, conditioned or delayed, DEVELOPER may sell all of the Property or portions of the Property to a proposed buyer that is not a tax exempt entity and such proposed buyer will use or develop the Property or portions thereof for one or more of the Target Uses. For purposes of this Agreement, the value of the Improvements made and Tangible Personal Property placed on the Outparcels and on the portions of the Property sold pursuant to Section 4.4(v) above during the term of this Agreement shall be counted toward the DEVELOPER Investment and included in the calculation of Incremental Taxable Value. 4.5 If the DEVELOPER sells or otherwise conveys the Real Property or any portion of the Real Property to a tax exempt entity prior to the Recoupment Date (as defined below), (a) this Agreement shall terminate as of the conveyance date, (b) the CITY shall have no further obligation to pay any Cash Incentive to DEVELOPER as of the conveyance date, and (c) DEVELOPER shall promptly repay to CITY any Unrecouped Cash Incentives (as defined below) as of the conveyance date. For purposes of this Agreement: x. “Recoupment Date” means the date upon which the ad valorem taxes collected by the CITY on Incremental Taxable Value for which CITY has not had to pay a Cash Incentive exceed the aggregate of all of the Cash Incentives paid by CITY to DEVELOPER under this Agreement. y. “Unrecouped Cash Incentives” means an amount equal to the total Cash Incentives paid by CITY under this Agreement, less ad valorem taxes received by the CITY on Incremental Taxable Value for which CITY has not had to pay a Cash Incentive to DEVELOPER under this Agreement {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 6 The determination of “Recoupment Date” and “Unrecouped Cash Incentives” are demonstrated by the following examples: 1. Example 1. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2020. Assuming that between the Effective Date and the date of conveyance, taxes of $27,000.00 on Incremental Taxable Value have been paid to CITY and CITY has paid to Developer Cash Incentives of $27,000.00, the Recoupment Date will not have occurred and the Unrecouped Cash Incentives would be $27,000.00. 2. Example 2. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2028. Assuming that between the Effective Date and the date of conveyance, taxes of $500,000.00 on Incremental Taxable Value have been paid to CITY and CITY has paid to Developer Cash Incentives of $300,000.00, the Recoupment Date will not have occurred and the Unrecouped Cash Incentives would be $100,000.00. 3. Example 3. DEVELOPER conveys Real Property to tax exempt entity on July 1, 2031. Assuming that between the Effective Date and the date of conveyance, taxes of $600,000.00 on Incremental Taxable Value have been paid to CITY and CITY has paid to Developer Cash Incentives of $300,000.00, the Recoupment Date will have occurred and the Unrecouped Cash Incentives would be $00.00. This Section 4.5 shall survive termination or expiration of this Agreement. Article V Improvements 5.1 DEVELOPER owns the Real Property. 5.2 As a condition precedent to the DEVELOPER’s entitlement to Cash Incentives pursuant to this Agreement, DEVELOPER agrees as good and valuable consideration for this Agreement, that all construction of the Improvements by DEVELOPER will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). 5.3 Construction plans for the Improvements constructed on the Real Property will be filed with CITY, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 5.4 DEVELOPER agrees to maintain the Improvements owned by it during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 5.5 CITY agrees to facilitate the redevelopment of the Real Property as a high priority economic development project that qualifies for fast tracking through the required development process; such fast tracking will be available to DEVELOPER (and to DEVELOPER’S tenants and End-Users who enter into an agreement with CITY, the form of which will be negotiated in good faith among the CITY’s City Manager, DEVELOPER and the tenant/End-User). {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 7 5.6 CITY agrees to reduce all site development and building permit fees up to a total amount of $100,000, by fifty percent (50%). such reduced fees will be available to DEVELOPER (and to DEVELOPER’S tenants and End-users who enter into agreement with CITY, the form of which will be negotiated in good faith among the CITY’s City Manager, DEVELOPER and the tenant/End-User). 5.7 CITY, its agents and employees shall have the right of access to the Real Property during construction by DEVELOPER to inspect the Improvements at reasonable times and with reasonable notice to DEVELOPER, and in accordance with visitor access and security policies of DEVELOPER and DEVELOPER’S tenants, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). 5.8 If DEVELOPER sells any portion of the Real Property during the term of this Agreement, DEVELOPER will enter an agreement with End-User that requires End-User to comply with the obligations of DEVELOPER under this Article V. Article VI Limitations on Reimbursement 6.1 DEVELOPER will not be entitled to that portion of the Cash Incentive attributed to a “commercial” (as defined under the CITY’s Unified Development Ordinance) business that relocates to the Real Property from within the College Station City limits. For the purposes of this Agreement, relocation means the closure of one location in the City and the opening of another on the Real Property; provided, however, if the relocation includes an expansion of the operation, DEVELOPER will be entitled to that portion of the Cash Incentive attributable to the expansion . The term “relocation” does not include the opening of a new location without a corresponding closure. The CITY will not recapture Cash Incentives already paid to DEVELOPER prior to such relocation. The City Manager is authorized to grant an exception to this provision, upon his determination that there is sufficient new tax revenue attributable to the relocation to justify the Cash Incentive. 6.2 The Incremental Taxable Value is based only on “non-residential” (as defined under the CITY’s Unified Development Ordinance) Improvements. 6.3 DEVELOPER is obligated to make timely payment of ad valorem taxes during the term of this Agreement. Article VII To the extent permitted by law, DEVELOPER agrees that it will purchase retail electric service from CITY for a minimum time equal to the term of this Agreement on the condition that such electric rates charged by CITY to DEVELOPER shall be comparable to electric rates charged to any other customer of the CITY within the same rate classification. Article VI {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 8 Default 8.1 Except as provided in 4.4. above, if DEVELOPER defaults in any term or condition of this Agreement, then CITY shall not be obligated to approve disbursement of the Cash Incentives for that year in which the default occurred. 8.2 Except as provided in 4.4 above, CITY shall give to DEVELOPER written notice of any default. To the extent a default may be cured, DEVELOPER shall have the right, b ut not the obligation, to cure the default within thirty (30) days of receiving written notice from CITY. If the default cannot reasonably be cured within a thirty (30) day period, and DEVELOPER has diligently pursued such remedies as shall be reasonably necessary to cure such default, then CITY shall extend for a reasonable additional length of time the period in which the default must be cured. If DEVELOPER fails to cure the default within the time provided as specified above or, as such time period may be extended, then CITY at its sole option shall have the right to terminate this Agreement with respect to DEVELOPER, by written notice to DEVELOPER. 8.3 In the event a party defaults, then the other party shall have available to it all remedies at law and equity, provided, however, that no party shall be liable to any other party for incidental or consequential damages. Article IX Miscellaneous 9.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered: If intended for CITY, to: Attn: City Manager City of College Station, Texas P. O. Box 9960 College Station, Texas 77842 With a copy to: Attn: City Attorney City of College Station, Texas P.O. Box 9960 College Station, Texas 77842 If intended for DEVELOPER, to: Attn: John W. Clanton, Chief Executive Officer CS SCIENCE PARK, L.L.C. 2501 Earl Rudder Freeway South College Station, Texas 77845 {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 9 9.2 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 9.3 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Brazos County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 9.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.5 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 9.6 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 9.7 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 9.8 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by DEVELOPER without the prior written consent of the City Manager which consent shall not be unreasonably withheld, conditioned or delayed. 9.9 Right of Offset. CITY may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to CITY from DEVELOPER, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due CITY has been reduced to judgment by a court; provided, however (i) CITY shall provide DEVELOPER notice within thirty (30) days of determining that any debt is believed lawfully due to CITY from DEVELOPER; (ii) DEVELOPER shall have an opportunity to resolve or pay such debt to CITY within thirty (30) days after receipt of notice before any offset to amounts payable under this Agreement may occur; and (iii) DEVELOPER retains all rights to timely and properly contest whether or in what amount any debt is owed to CITY, and CITY may not offset any asserted amount of debt owed by DEVELOPER against amounts due and owing under this Agreement during any period during which DEVELOPER is timely and properly contesting whether such amount of debt is due and owing. {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 10 9.10 Amendment. 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 CITY and DEVELOPER. 9.11 Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 9.12 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 9.13 No Debt. Under no circumstances shall the obligations of CITY hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision ; provided; however, CITY agrees during the term of this Agreement to make a good faith effort to appropriate funds each year to pay amounts under this Agreement for the then ensuing fiscal year. 9.14 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.16 Confidentiality. CITY shall notify DEVELOPER within two (2) business days after receiving any Public Information Act request that seeks disclosure of information provided by or concerning DEVELOPER, and the Parties will reasonably cooperate to determine within four (4) business days after CITY’s receipt of a Public Information Act Request whether or to what extent they agree that the requested information may be released without objection and without seeking a written opinion of the Texas Attorney General. If agreed by the Parties, CITY shall take the position that specified information responsive to a Public Information Act request relating to DEVELOPER is information not subject to release to the public pursuant to Section 552.110 of the TEXAS GOVERNMENT CODE, or other applicable law. If DEVELOPER requests that CITY take the position that specified information responsive to a Public Information Act request relating to DEVELOPER is information not subject to release to the public pursuant to Section 552.110 of the TEXAS GOVERNMENT CODE, or other applicable law, but CITY does not agree, CITY nonetheless shall take such position if DEVELOPER within eight (8) business days after CITY’s receipt of a Public Information Act request delivers to the CITY an opinion of counsel reasonably acceptable to CITY concluding that CITY has a good faith basis to take such position. If pursuant to this Section 9.16 CITY takes the position that specified information responsive to a Public Information Act request relating to DEVELOPER is information not subject to release, CITY shall seek a written opinion from the Texas Attorney General raising any applicable exception to release of such information prior to any release to a third party under the Texas Public Information Act. If CITY seeks a written opinion from the Texas Attorney General pursuant to Section 552.305 of the {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 11 Texas Government Code, CITY may require DEVELOPER to draft and submit to the Texas Attorney General the substantive comments or arguments in support of such opinion request. CITY shall provide DEVELOPER timely notice and an opportunity to review and comment on any opinion request submitted by CITY. 9.17 Employment of Undocumented Workers. During the term of this Agreement, DEVELOPER agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), DEVELOPER shall repay to CITY all Cash Incentives received under this Agreement as of the date of such violation within 120 days after the date DEVELOPER is notified by CITY of such violation, plus interest at the rate of 5% simple interest from the date of DEVELOPER’s receipt of the Cash Incentives until repaid. 9.18 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. CS SCIENCE PARK, L.L.C., CITY OF COLLEGE STATION, TEXAS BY:____________________________ BY:________________________________ John W. Clanton, Chief Executive Officer Nancy Berry, Mayor Date: Date: . ATTEST: ____________________________________ City Secretary Date: APPROVED: Assistant City Manager/CFO Date: ____________ {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 12 City Attorney Date: ____________ THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF ___________ § Before me, the undersigned authority, on this day personally appeared John W. Clanton, Chief Executive Officer of CS SCIENCE PARK, L.L.C., a Texas Limited Liability Company, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the _______ of _____________________, 2015. Notary Public in and for the State of Texas {00341683 8}O:\15 ECONOMIC DEVELOPMENT\Kalon\Kalon EDA 2 04 29 14.docx 13 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally appeared NANCY BERRY, Mayor of the CITY OF COLLEGE STATION, a Texas home rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the ______ of ________________, 2015. Notary Public in and for the State of Texas {00341683 8}{00341683 8} EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The Science Park is located on approximately 53.80 acres along the State Highway 6 Corridor, 2501 Earl Rudder Freeway South in College Station, Texas. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0355 Name:Fiber Lease Status:Type:Agreement Consent Agenda File created:In control:6/25/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on a lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities.. Sponsors:Ben Roper Indexes: Code sections: Attachments:Wirestar signed lease.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities.. Relationship to Strategic Goals: (Select all that apply) ·Diverse Growing Economy Recommendation(s):Staff recommends approval. Summary: The work of the Research Valley Technology Council (RVTC) to encourage the development of next generation bandwidth services in the B/CS metropolitan area included exploring the option for commercial entities to lease spare city fiber or conduit. Continued work in this area indicates that there is commercial demand for city spare (or dark) fiber or city conduit to encourage the development of expanded broadband services. On March 26, 2015 Council approved an Ordinance permitting the lease of City Fiber Optic Cable Facilities. This item is the first lease authorized by the new Ordinance. Budget & Financial Summary: This lease will have a financial impact on the city. Modest revenue will be obtained from fiber or conduit leases. Attachments: Lease Agreement College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ DARK FIBER LEASE AGREEMENT Between College Station, Texas ("PROVIDER") and WireStar, Inc .. ("USER") ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLEX ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLEXXI ARTICLE XXII ARTICLE XXIII TABLE OF CONTENTS DEFINITIONS ................................................................................................ I LICENSE ........................................................................................................ 4 CONSIDERATION ........................................................................................ 4 CONSTRUCTION .......................................................................................... 5 CONNECTION AND ACCESS TO THE SYSTEM ..................................... 6 COLLOCATION ............................................................................................ 6 TERM .......................................................................................................... 6 MAINTENANCE AND RELOCATION ....................................................... ? USE OF THE SYSTEM ................................................................................. 9 AUDIT RIGHTS ........................................................................................... I 0 WARRANTIES ............................................................................................ 10 DEFAULT .................................................................................................... 11 INDEMNIFICATION ................................................................................... 12 LIMITATION OF LIABILITY .................................................................... 13 INSURANCE ................................................................................................ 14 TAXES AND FEES ...................................................................................... 20 NOTICE ........................................................................................................ 21 CONFIDENTIALITY ................................................................................... 22 FORCE MAJEURE; EMINENT DOMAIN ................................................. 23 PAYMENT DISPUTE RESOLUTION ........................................................ 23 RULES OF CONSTRUCTION .................................................................... 24 ASSIGNMENT ............................................................................................. 25 ENTIRE AGREEMENT; AMENDMENT; EXECUTION ......................... .27 -i- EXHIBITS Exhibit A System Description A-1 Map of Route Segments A-2 Route Segment Listing Exhibit B Fiber Splicing, Testing, and Acceptance Standards and Procedures Exhibit C Fiber Specifications Exhibit D Cable Installation Specifications Exhibit E Operations Specifications Exhibit F Interconnections Exhibit G Insurance Certificates -ll- DARK FIBER LEASE AGREEMENT This Dark Fiber Lease Agreement (this "Agreement") is made, as of the Effective Date (as hereafter defined), by and between the City of College Station, Texas ("PROVIDER"), and WireStar, Inc., a Texas corporation ("USER"). WHEREAS, PROVIDER has constructed a fiber optic communication system along the route segments depicted and described in Exhibit A attached hereto; and WHEREAS, USER desires to lease, and PROVIDER desires to provide to USER, an exclusive license to use certain optical dark fibers in such fiber optic communications system as hereafter described for the consideration and upon the terms and conditions set forth below; and WHEREAS, PROVIDER is authorized to lease its dark fiber pursuant to TEXAS UTILITIES CODE, Section 54.2025; NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties hereby agree as follows: ARTICLE I DEFINITIONS Where capitalized, the following words and phrases in this Agreement shall be defined as follows: "Acceptance" shall have the definition set forth in Exhibit B. "Affiliate" means, with respect to any entity, any other entity controlling, controlled by or under common control with such entity, whether directly or indirectly through one or more intermediaries. "Control" and its derivatives mean legal, beneficial or equitable ownership, directly or indirectly, fifty percent ( 50%) or more of the outstanding voting capital stock (or other ownership interest, if not a corporation) of an entity or management or operational control over such entity. "Confidential Information" shall have the definition set forth in Section 18.1. "Connecting Point" means a point where the network or facilities of USER will connect to the System as further defined in Exhibit F and subject to the terms of said Exhibit F and Section 5.1 below. "Costs" means costs incurred and computed in accordance with the established accounting procedures used by PROVIDER to bill third parties for reimbursable projects and generally accepted accounting principles. Such costs include the following: (a) labor costs, including wages, salaries, and benefits together with overhead allocable to such labor costs (the overhead allocation shall not exceed twenty five percent (25%) of the labor costs computed without such overhead); and (b) other direct costs and out-of-pocket expenses on a pass-through basis (such as equipment, materials, supplies, contract services, Required Rights, sales, use or similar taxes, etc.) plus ten percent ( 10%) of such costs and expenses. "Dark Fibers" refers to those Fibers determined by PROVIDER to be excess capacity in its Fiber Optic Cable Facilities, provided without electronics or optronics, and which are not "lit" or activated. "Effective Date" means the date on which this Agreement has been fully executed by both parties. "Fiber Acceptance Testing" shall have the definition set forth in Exhibit B. "Fiber Optic Cable Facilities" means the fiber optic cable and fibers contained therein, including the USER Fibers, and associated splicing connections, splice boxes and vaults, and conduit. "Fibers" means any optical fibers contained in the System including the USER Fibers, the fibers of PROVIDER and the fibers of any third party in the System. "Fiber Strand Mile" means one Route Mile of each individual strand of fiber optic cable. Used to calculate the License Payment amount. (Ex: A lease of two fiber strands over 10 miles equals 20 Fiber Strand Miles). Fiber Strand Miles are rounded to the nearest 0.1 mile for lease rate calculations. "Force Majeure Event" shall have the definition set forth in Section 19.1. "Interconnect Facilities" shall have the definition set forth in Exhibit F. "License Payment" shall have the definition set forth in Section 3.1. "Non-Routine Maintenance" shall have the definition set forth in Section 8.1 below. "POP" means Point of Presence, and is the point at which two or more different networks or communication devices build a connection with each other. POP generally refers to an access point, location or facility that connects to and helps other devices establish a connection with the Internet. "Pro Rata Share" means a proportion equal to a fraction, the numerator of which is the number of USER Fibers and the denominator of which is all Fibers in the affected portion of the System. If this fraction varies over a particular Segment, then the Pro Rata Share shall be equal to the weighted average (weighted by length) of the relevant portions. For example, if the fraction for one hundred feet ( 100') of the affected Segment is 0.1 and the fraction for the remaining fifty feet (50') of the affected Segment is 0.07, the weighted average for the entire Segment would be 0.09. "Route" means the route, including spurs, upon which the System is constructed and installed consisting of the Route Segments. "Route Miles" means the actual miles traversed by the Fiber Optic Cable Facilities along the Route (measured in statute miles); provided that Route Miles in urban networks of one hundred (100) miles or less may be approximated and do not necessarily reflect the actual Route Miles of the System "Route Segments" means the individual identified portions of the Route between each of the endpoints listed and described in Exhibit A-2 in which the USER Fibers will be located or in the fiber optic network as described in Exhibit A-2. "Routine Maintenance" shall have the definition set forth in Section 8.1. "Scheduled Delivery Date" means the date defined in Section 4.5 below. "Segment" means a discrete portion of the System and may refer to a Span, a portion between two POPs or a POP and a System end point, or a portion of the System affected by a relocation or other circumstance. "Span" means, a portion of the System between one designated point on the System and a System end point along the Route from such site. "System" means PROVIDER's fiber optic communications system constructed along the Route which will contain the USER Fibers including, but not limited to, the Fiber Optic Cable Facilities, Fibers, conduits, handholes, manholes and all other appurtenances and components of said communications system. "Term" shall have the definition set forth in Section 7 .1. "USER" means the entity named on the face page of this Agreement. "USER Equipment" shall mean optronics, electronics, optical or electrical equipment, or materials, facilities, or other equipment utilized by USER in connection with its use of the USER Fibers. "USER Fibers" means those certain strands of optical Dark Fibers that USER has licensed, of the type and quantity specified in Exhibit A-1 and A-2, for each Route Segment and meeting the specifications in Exhibit C within the Fiber Optic Cable Facilities installed or to be installed in the Route Segments of the System as identified by PROVIDER prior to commencement of Fiber Acceptance Testing under Exhibit B and in which USER shall be licensed under Article II. "USER License" shall have the definition set forth in Article II. "Voluntary Relocations" shall have the definition set forth in Section 8.2. ARTICLE II LICENSE 2.1 On the Effective Date of this Agreement, and upon PROVIDER's receipt of USER's payment of the License Payment for each Route Segment, PROVIDER hereby grants to USER an exclusive license to use the USER Fibers for the purposes described and subject to the terms and conditions set forth in this Agreement (the "USER License"). Such license does not convey, grant or vest to USER any interest or legal title to any real or personal property, including, without limitation, land, including but not limited to any fee, leasehold, easement or franchise, Fibers, Fiber Optic Cable Facilities or the System. The USER License does not include any USER Equipment, including but not limited to any equipment used to transmit capacity over or "light" the USER Fibers. 2.2 Purposes of Use of the System. USER shall use the System only for the purpose of the transmission of data. PROVIDER specifically reserves the right to allow the System, with the exception of the USER Fibers, to be used by other parties and to make additions, deletions or modifications to the System subject to the rights of USER herein. In the event USER uses the System to provide in whole or in part services subject to Chapter 66, TEXAS UTILITIES CODE, or Chapter 283, TEXAS LOCAL GOVERNMENT CODE (as such statutes may be amended in the future), USER shall apply for the required certifications from the Texas Public Utility Commission and shall pay PROVIDER the fees provided in such statutory provisions. ARTICLE III CONSIDERATION 3.1 Consideration for USER License. In addition to any other consideration provided for in this Agreement, USER agrees to pay to PROVIDER for the USER License to use the USER Fibers, a non-recurring payment as set forth on Exhibit A (the "License Payment"). 3.2 Charges for Routine Maintenance. USER shall pay PROVIDER a maintenance fee per Route Mile per month throughout the Term beginning on the Effective Date for each Route Segment for Routine Maintenance in the amounts set forth on Exhibit A-2. During the Term, PROVIDER shall send monthly invoices by electronic transmission or U.S. Mail to USER for such amounts for each calendar month following the Effective Date (with the first invoice including amounts accrued during the month in which the Effective Date occurs as well as the payment for the first full following month.). USER shall pay all such invoices within thirty (30) days after receipt. Payments shall be prorated, as necessary, for partial months in which the Effective Date occurs or the Term expires. Routine Maintenance charges may be recalculated annually prior to the anniversary of the Effective Date. USER will be notified of the adjustment, if any, prior to the first invoice following the annual anniversary date. 3.3 Charges for Non-Routine Maintenance and Relocations. USER shall pay its Pro Rata Share of PROVIDER's Costs of performing Non-Routine Maintenance and relocations (except Voluntary Relocations), if the gross Cost of such work relating to any single event or multiple, closely related events is greater than $5,000.00. Notwithstanding the foregoing: (a) PROVIDER shall repair or contract for repair any damage PROVIDER reasonably determines to be caused by the negligence or willful misconduct of USER, its employees, agents or contractors, with all Costs of such repairs, including administrative charges to cover PROVIDER's time to schedule and oversee work, to be reimbursed by USER within twenty (20) days after its receipt of PROVIDER's invoice therefor, together with reasonable supporting documentation, (b) PROVIDER shall repair, at its sole expense, any damage PROVIDER reasonably determines to be caused by the negligence or willful misconduct of PROVIDER, its employees, contractors or agents but shall not be entitled to charge USER for any portion of the Costs of such repairs under this Section; and (c) PROVIDER shall not be entitled to reimbursement from USER for relocations caused by a breach by PROVIDER of any of its obligations under this Agreement. To the extent a third party not having an interest in the System or Fibers in the System reimburses some or all of PROVIDER's gross Costs, or to the extent a third party having an interest in the System or Fibers in the System pays in excess of its Pro Rata Share (based on the number of Fibers in the System) of such Costs, PROVIDER shall reduce the gross Costs by the amount of such reimbursement for purposes of computing USER' s Pro Rata Share of such Costs. PROVIDER shall either reflect such reduction in its invoice or shall promptly refund such reduction when it receives such reimbursement. 3.4 Method of Payment. All payments to PROVIDER set forth in this Article III shall be made in United States Dollars by wire transfer of immediately available funds to the account or accounts designated by PROVIDER. In addition to any other remedies set forth in this Agreement, all late payments not disputed in accordance with Article XX shall bear interest accruing from the date due until paid at the lesser of 18% annual rate or highest amount permitted by law. ARTICLE IV CONSTRUCTION 4.1 Fiber Acceptance Testing. Exhibit B sets forth Fiber Acceptance Testing procedures and test deliverables PROVIDER shall provide to USER. 4.2 New Construction. No new construction or installation by PROVIDER is planned or promised as part of this Agreement. 4.3 Notwithstanding any other provision herein to the contrary, USER shall be solely responsible for obtaining, at its sole cost and expense, any and all necessary franchises, easements, authorizations or permits specifically required as a result of USER's, as opposed to PROVIDER's, use or operation of or with the USER Fibers and its operation, maintenance, repair, and replacement of all USER Equipment associated therewith. 4.4 Prior Construction. USER acknowledges that some or all of said design, engineering, installation, construction, splicing and testing described above may have previously been completed. 4.5 Scheduled Deliverv Dates. Subject to extension for delays resulting from Force Majeure Events and to extension or delay as otherwise permitted or provided in this Agreement, the "Scheduled Delivery Dates" for completion of, Fiber Acceptance Testing and hand-over of PROVIDER's test results and the USER Fibers to USER for the Route Segments are set forth in Exhibit A-2. USER shall have the right, upon reasonable prior written request, to observe testing of the USER Fibers which occurs after the Effective Date. ARTICLEV CONNECTION AND ACCESS TO THE SYSTEM 5.1 Connections. Subject to the provisions herein, USER shall pay for and arrange all connections of its facilities with the USER Fibers which connections shall only be made at Connecting Points approved by PROVIDER and in accordance with the procedures set forth in Exhibit F. USER shall reimburse PROVIDER for any and all Costs incurred by PROVIDER as a result of making such connections and shall pay any other applicable charges or fees as specified in Exhibit F. 5.2 No Unauthorized Access to System. USER shall not access any part of the System without the prior written consent of PROVIDER, and then only upon the reasonable terms and conditions specified by PROVIDER. ARTICLE VI COLLOCATION No collocation rights or obligations are provided with respect to this Agreement. In the event collocation space is provided in any PROVIDER facilities, the parties will enter into a collocation agreement in form acceptable to PROVIDER. ARTICLE VII TERM 7. l :rum.. The term of the USER License will commence upon the Effective Date and shall continue for a period of ten (10) years thereafter unless earlier terminated pursuant to the terms of this Agreement (the "Term"). 7.2 USER's Right to Use the System. USER's right to use the System commences on the Effective Date, unless there is a Route Segment(s) that has been identified and listed in Appendix A-2 that PROVIDER and USER agree has not been tested, or test results indicate a problem that PROVIDER agrees to attempt to correct. In this instance, USER's right to use all or any part of the System will not occur for these Route Segment(s), until the identified problem has been corrected and payment in full of the License Payment has been made by USER to PROVIDER. 7.3 Effect of Termination. Upon expiration of the Term or other termination of this Agreement, USER's right to use the USER Fibers shall automatically expire. 7.4 Survival. The expiration or termination of this Agreement shall not affect the rights or obligations of any party hereto with respect to any payment hereunder for services rendered prior to the date of termination, or pursuant to the Articles of this Agreement entitled Indemnification, Limitation of Liability, Insurance, License Fees, Confidentiality and Proprietary Information, or pursuant to any other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement. ARTICLE VIII MAINTENANCE AND RELOCATION 8.1 Maintenance. During the Term, PROVIDER shall perform all required Routine Maintenance and Non-Routine Maintenance. "Non-Routine Maintenance" means maintenance and repair work that PROVIDER is obligated to provide under this Agreement and described in Exhibit E other than: (a) the work specifically identified as Routine Maintenance in Exhibit E; (b) work in which the aggregate amount of Costs incurred as a result of any single event or multiple, closely related events is less than or equal to Five Thousand and No/100 Dollars ($5,000); or (c) work for which USER is obligated to reimburse PROVIDER for all or a portion of the Costs incurred pursuant to other Articles of this Agreement. "Routine Maintenance" means maintenance and repair work that is described in Subsections 8.l(a)or8.l(b). 8.2 Relocation Procedures. Except as provided herein for emergencies, PROVIDER may relocate, modify or alter all or any portion of the System or any of the facilities used or required in providing USER with the USER License: (i) if a third party with legal authority to do so orders or threatens to order such relocation (e.g., through filing or threatening to file a condemnation suit), (ii) in order to comply with applicable laws, (iii) to prevent or abate interference with or interruption of the System, or an unreasonable risk thereof, due to the existence of physical conditions (e.g. rock slides, seismic conditions), (iv) to reduce governmental fees or taxes assessed against it or USER if mutually agreed by the parties, or (v) if it determines to do so in its reasonable business judgment. A relocation made solely pursuant to Clause (v) shall be considered a "Voluntary Relocation." PROVIDER shall provide USER as much advance notice as possible but shall use reasonable efforts to provide at least sixty ( 60) calendar days' prior notice of any such relocation, if reasonably feasible. PROVIDER shall have the right to direct such relocation, modification or alteration, including the right to determine the extent of, the timing of, and methods to be used for such relocation, provided that any such relocation: (a) shall be constructed and tested in accordance with the specifications and requirements set forth in this Agreement and applicable Exhibits; (b) shall not result in a materially adverse change to the operations, performance, Connecting Points with the network of USER, or end points of the Route Segment; and ( c) shall not unreasonably interrupt service on the System. 8.3 USER shall have no responsibility for costs and expenses relating to the relocation, modification or alteration of the USER Fibers or the System for the purpose of meeting the needs of the PROVIDER or any other user. In all cases, USER shall bear the costs incurred in any rearrangement, relocation, modification or alteration of USER Equipment. 8.4 In the event of an emergency as determined by PROVIDER, PROVIDER may relocate, modify, or alter the USER Fibers and/or the System without prior notice to USER. In such event, as soon as reasonably practicable thereafter and not less than seventy-two (72) hours after having taken such action, PROVIDER will advise USER of the emergency work performed or the action taken with respect to any emergency modification or alteration of the USER Fibers and/or the System. 8.5 Supply and Maintenance of USER Equipment Excluded. USER acknowledges and agrees that PROVIDER is not supplying nor is PROVIDER obligated to supply to USER any USER Equipment, including but not limited to, optronics or electronics or optical or electrical equipment or other facilities, such as generators, batteries, air conditioners, fire protection and monitoring and testing equipment, all of which are the sole responsibility of USER. Nor is PROVIDER responsible for performing any work other than as specified in this Agreement. PROVIDER shall have no obligation under this Agreement to maintain, repair, or replace USER Equipment. 8.6 Notwithstanding any other provision of this Agreement, if USER' s Equipment is not maintained in accordance with this Agreement, and USER has not corrected the violation within thirty (30) days from receipt of written notice thereof from PROVIDER, PROVIDER may at its own option correct such conditions at USER's expense. PROVIDER will notify USER prior to performing such work where practicable. When PROVIDER reasonably believes that such conditions pose an immediate threat to the safety of PROVIDER's employees or the public, interfere with the performance of service obligations of PROVIDER, or pose an immediate threat to the integrity of the System, PROVIDER may perform such work and or take such action at USER's expense that it deems necessary without first giving notice to USER, and shall be indemnified by USER for such work in accordance with ARTICLE XIII herein. As soon as practicable thereafter and not less than seventy-two (72) hours after having taken such action, PROVIDER will advise USER in writing of the work performed or the action taken and make all reasonable efforts to arrange for reaccommodation of USER's Equipment so affected. USER shall be responsible for paying PROVIDER for all Costs incurred by PROVIDER in taking action under this section. ARTICLE IX USE OF THE SYSTEM 9.1 Compliance with Law. USER warrants that its use of the USER Fibers and the System shall comply in all material respects with applicable government codes, ordinances, laws, rules, regulations and restrictions and shall not have an adverse effect on the System or its use. 9.2 USER's Rights Exclusive for USER Fibers. USER may use the USER Fibers for any lawful telecommunications purpose, except sublease, assignment or conveyance to any other entity or organization. PROVIDER shall have no right to use the USER Fibers during the Term of this Agreement. Nothing in this Agreement shall limit the City's right to enter into a Lease Agreement with any other entity or user for Fiber Optic Cable Facilities not covered by this Agreement. 9.3 Notice of Damage. USER shall promptly notify PROVIDER of any matters pertaining to any damage or impending damage to or loss of the use of the System that are known to it and that could reasonably be expected to adversely affect the System. PROVIDER shall promptly notify USER of any matters pertaining to any damage or impending damage to or loss of the USER Fibers and/or the System that are known to it and that could reasonably be expected to adversely affect the USER Fibers and/or USER's use thereof. 9.4 Preventing Interference with Other Fibers. Neither USER nor PROVIDER shall use equipment, technologies, or methods of operation that knowingly interfere in any way with or adversely affect the System or the use of the System by the other party or third parties or their respective Fibers, equipment, or facilities associated therewith. Each party shall take all reasonable precautions to prevent damage to the System or to Fibers used or owned by the other party or third parties. Notwithstanding the above, the provisions of this Section shall not prevent a party from using commercially reasonable equipment, technologies, or methods of operation if the interference or adverse effect on the other party or a third party results primarily from such other party or third party's use of equipment, technologies, or methods of operation that are not commercially reasonable or that are not standard in the telecommunications industry. 9.5 ~· USER shall not cause or permit any part of the System to become subject to any mechanic's, materialmen's, or vendor's lien, or any similar lien. If USER breaches its obligations under this Section, it shall immediately notify PROVIDER in writing, shall promptly cause such lien to be discharged and released of record without cost to PROVIDER and shall indemnify PROVIDER against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such lien. 9.6 Security Interests in System Licensed by PROVIDER. PROVIDER represents and warrants to USER that as of the Effective Date there are no liens or material encumbrances on, against or affecting the USER Fibers or USER License under Section 2.1. ARTICLEX AUDIT RIGHTS Right to Audit. Each party shall keep such books and records (which shall be maintained on a consistent basis and substantially in accordance with generally accepted accounting principles) as shall readily disclose the basis for any charges (except charges fixed in advance by this Agreement or by separate agreement of the parties) or credits, ordinary or extraordinary, billed or due to the other party under this Agreement and shall make them available for examination, audit, and reproduction by the other party and its agents for a period of two (2) years after such charge or credit is billed or due. A party shall be entitled to engage an independent, nationally recognized third party auditing firm (which firm is not regularly used by such Party for its corporate audit) to verify or determine the proper amount of such charges or credits billable and payable under the terms and conditions of this Agreement. The party requesting the audit shall pay all costs of the independent auditor. ARTICLE XI WARRANTIES 11.1 Warranties Relating to Agreement Validity. In addition to any other representations and warranties contained in this Agreement, each party hereto represents and warrants to the other that: (a) it has the full right and authority to enter into, execute, deliver, and perform its obligations under this Agreement; (b) it has taken all requisite corporate action to approve the execution, delivery, and performance of this Agreement; ( c) this Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms; and (d) it has no actual knowledge that its execution of and performance under this Agreement violates any applicable existing regulations, rules, statutes, or court orders of any local, state, or federal government agency, court, or body. 11.2 Third Party Warranties. The parties acknowledge and agree that, on and after the Effective Date, USER's sole rights and remedies with respect to any degradation of the USER Fibers or for any defect in or failure of the USER Fibers to perform in accordance with the applicable vendor's or manufacturer's specifications, which failure or defect does not result from PROVIDER's breach of its construction, maintenance and/or repair obligations under this Agreement, shall be limited to the particular vendor's or manufacturer's warranty with respect thereto. 11.3 EXCLUSION OF WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTY TO USER OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY FIBERS, THE SYSTEM, OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, PROVIDER AND USER AGREE THAT ACCESS TO PROVIDER FIBER OPTIC CABLE FACILITIES IS ON AN "AS-IS" BASIS. ARTICLE XII DEFAULT 12.l Default and Cure. Except as set forth in Section 12.2, a party shall not be in default under this Agreement unless and until the other party provides it written notice of a material default and the first party shall have failed to cure the same within fourteen (14) calendar days after receipt of such notice; provided, however, that where a material default cannot reasonably be cured within such fourteen (14) day period, if the first party shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such default shall be extended for such period of time as may be necessary to complete such curing. Any event of default may be waived at the non-defaulting party's option. Upon any failure of a party to timely cure any material default after notice thereof from the other party and expiration of the above cure periods, then the non-defaulting party may, subject to the terms of Articles XIV (Limitation of Liability); (i) take such action as the non-defaulting party deems necessary and appropriate to remedy and cure the default at the expense of the defaulting party; (ii) as to PROVIDER, suspend its performance under this Agreement in accordance with and subject to Section 12.2; (iii) as to any monetary obligation of the defaulting party, enforce payment thereof, including interest as provided herein together with reimbursement of reasonable attorney's fees expended in the collection of the amounts due; and/or (iv) take any other action expressly authorized for such default pursuant to the terms of this Agreement. 12.2 Disconnection for Failure to Pay. In addition to the remedies set forth in Section 12.1 and notwithstanding any provisions to the contrary, if USER fails to fully pay any amount invoiced under this Agreement within seven (7) days of the due date,, PROVIDER may, in addition to any other remedies that it may have under this Agreement or by law, in its sole discretion and without liability for damages, take the following actions upon thirty (30) calendar days' notice if such payment (together with applicable interest) is not made within such 30-day period: (a) disconnect the USER Fibers from any POP or Connecting Point; (b) remove, or require USER to remove, any USER Equipment from PROVIDER's premises, if any, upon commercially reasonable notice; And/or (c) terminate this Agreement, and take full right and possession of USER Fibers. 12.3 Termination by PROVIDER. PROVIDER may terminate this Agreement for all or a portion of the USER Fibers upon giving no less than 360 days notice,, if: (i) PROVIDER decides for any reason to terminate operation and maintenance of the System; or (ii) in the event PROVIDER determines that it needs the System and USER Fibers for its own uses. Any fees paid in advance by USER shall be refunded on the date the termination is effective. PROVIDER agrees that it will not terminate this Agreement under this provision if there are other Dark Fibers that are not in use or held in reserve by PROVIDER that are available for use and meet PROVIDER's needs. 12.4 Termination by USER. USER may terminate this Agreement for all or a portion of the USER Fibers so long as USER has fully paid any and all Costs and accrued fees due to PROVIDER for the terminated Fiber. 12.5 Immediate Termination. Immediate termination shall occur if this Agreement is ruled illegal, in whole or in part, by the ruling of a court of competent jurisdiction, or if the Agreement is prohibited or made impractical to perform by an action of the Texas Legislature or other branch or agency of Texas government; or if the Agreement is determined by PROVIDER to be infeasible or impractical to perform as the result of a legal claim or challenge. 12.6 Interest. If either PROVIDER or USER fails to make any payment under this Agreement when due, such amounts shall accrue interest, from the date such payment is due until paid, including accrued interest, at the rate specified in Section 3.4 or, if lower, the highest percentage allowed by law. 12.7 Bankruotcv. A declaration of bankruptcy by USER will result in immediate termination of this Agreement and relinquishment of any right to use or occupy USER Fibers. ARTICLE XIII INDEMNIFICATION 13.1 Indemnification. USER ("INDEMNITOR") SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY PROVIDER, ITS OFFICERS, AGENTS, EMPLOYEES FROM, AND ASSUME LIABILITY FOR, ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS AGREEMENT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF PROVIDER, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY PROVIDER OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 13.2 Release. USER releases, relinquishes, and discharges PROVIDER, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the USER or its employees and any loss of or damage to any property of USER or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with this Agreement. Both PROVIDER and USER expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by USER or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by PROVIDER, any other party released hereunder, USER, or any third party. 13.3 Claims of Customers. In addition to the foregoing indemnities, with respect to third parties that use services provided over the USER Fibers, USER shall defend, indemnify and hold harmless PROVIDER against any claims by such third parties for damages arising or resulting from any defect in or failure of the USER Fibers or the System. 13.4 Material and Continuing Obligation. USER's obligation to indemnify, defend, protect, and save PROVIDER harmless is a material obligation to the continuing performance of PROVIDER's obligations hereunder. ARTICLE XIV LIMITATION OF LIABILITY 14.1 GENERAL EXCLUSION OF CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, NEITHER PARTY NOR ANY OF THE OFFICERS, EMPLOYEES, OR AGENTS OF A PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR LOST REVENUES OR PROFITS, COST OF REPLACEMENT FACILITIES OR SERVICES (WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER OR NOT FORESEEABLE, SUFFERED BY SUCH OTHER PARTY AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, OR ITS ACTS OR OMISSIONS RELATED TO THIS AGREEMENT OR ITS USE OF THE SYSTEM, WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER SOURCE EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PROVIDER FOR ANY CLAIM OR DEMAND OF USER ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY USER TO PROVIDER PRIOR TO THE DATE OF THE CLAIM OR DEMAND. 14.2 Pursuit of Actions Against Third Parties. Nothing contained in this Agreement shall operate as a limitation on the right of either PROVIDER or USER to bring an action or claim for damages against any third party (other than officers, agents, and employees). 14.3 Customer Contracts. USER, in any contract or tariff offering of service, capacity, or rights of use that in any of the preceding instances involves use of the System, shall include in such contract or tariff a written limitation of liability that is binding on USER's customers and in all material respects at least as restrictive as the limitations set forth in Section 14.1. Obligation to Obtain. ARTICLE XV INSURANCE During the term of this Agreement, USER's insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as "Additional Insured" to the Commercial General and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a A: VIII or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Personal & Advertising Liability; and, Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a A: VIII or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 on the declarations page. E. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00. V. Those policies set forth in Paragraphs III and IV shall contain an endorsement naming the City as an additional insured and further providing that those policies are primary to any insurance policies procured by PROVIDER. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of PROVIDER on all policies obtained by USER in compliance with the terms of this Agreement. USER shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to PROVIDER's Representative at the time of execution of this Agreement, attached hereto as Exhibit G, and approved by PROVIDER before work commences. VI. Workers' Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of USER, all employees of any and all subcontractors, and all other persons providing services under this Agreement must be covered by a workers' compensation insurance policy: either directly through their employer's policy (USER's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. The worker's compensation insurance shall include the following terms: 1. Employer's Liability limits of $1,000,000.00 for each accident are required. 2, "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States ofNV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110( c) (7) of the Texas Administrative Code, this Agreement, and all subcontracts providing services under this Agreement must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: "A. Definitions: Certificate of coverage ("certificate'? -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in § 406.096 [of the Texas Labor Code]) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401. 011 ( 44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain.from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of arry change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with arry of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " VII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms provided by the Texas State Board oflnsurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. ARTICLE XVI TAXES AND FEES 16.1 USER Obligations. For periods subsequent to the Acceptance Date, USER shall timely report, make filings for, and pay any and all sales, use, income, gross receipts, excise, transfer, ad valorem, property or other taxes, and any and all charges, surcharges, franchise fees or similar fees (collectively, "Assessments") assessed against it due to its ownership of the USER IRU, its use of the USER Fibers, including the provision of services over the USER Fibers, its use of any other part of the System, or its ownership or use of equipment or facilities connected to the USER Fibers. The above obligation applies to Assessments applicable to the license of the USER IRU or Assessments imposed on or based upon the provision or sale of maintenance, collocation, or other PROVIDER services provided pursuant to this Agreement; provided that, with regard to such Assessments, if required by law, PROVIDER shall charge USER and USER shall pay to PROVIDER such Assessments unless USER provides PROVIDER with a valid resale or other exemption certificate acceptable to PROVIDER. 16.2 PROVIDER Obligations. Subject to Section 16.1 above, PROVIDER shall timely report and pay any and all Assessments assessed against it due to its construction, ownership or use of the System, provided that, in the event that any property taxes (including ad valorem, use, property, or similar taxes, franchise fees, or Assessments that are based on the value of property or of a property right) are imposed on PROVIDER with respect to any portion of the System that includes the USER IRU, the USER Fibers or the Associated Conduit, and the USER IRU, the USER Fibers or the Associated Conduit are not separately assessed by the taxing authority imposing such property taxes, USER shall reimburse PROVIDER within thirty (30) days of receipt of invoice from PROVIDER for USER's Pro Rata Share of such property taxes. PROVIDER shall provide USER with all information reasonably requested by USER with respect to any such property tax reimbursement sufficient to verify USER's Pro Rata Share. In the event PROVIDER receives a refund or credit of any property taxes previously reimbursed in whole or in part by USER under the provisions of this Section 16.2, PROVIDER shall, within thirty (30) days of its receipt of such refund or credit, advance USER its Pro Rata Share of such refund or credit with related accrued interest paid or credited by the taxing authority (if any) and PROVIDER shall provide USER with all information reasonably requested by USER to verify USER's Pro Rata Share of the refund or credit. 16.3 Reimbursement of Taxes Paid on USER's Behalf. If PROVIDER is assessed for any Assessments related to USER's ownership of the USER IRU or USER's use of the USER Fibers or any Assessments that USER is obligated to pay pursuant to Sections 16. l or 16.2, PROVIDER shall, within thirty (30) days of its receipt of such Assessment, provide USER with a copy of such Assessment, and all information reasonably requested by USER with respect to such Assessment including, without limitation, the amount and due date for payment of the Assessment. USER shall, at its option, pay the amount of such Assessment (i) directly to the appropriate taxing authority, or (ii) to PROVIDER at least ten (10) business days prior to the due date of such Assessment, in which case PROVIDER shall promptly pay the amount of such Assessment to the appropriate taxing authority. If USER elects to pay the Assessment directly to the appropriate taxing authority, USER shall notify PROVIDER in writing of its intentions at least ten (10) business days prior to the due date of such Assessment and USER shall provide PROVIDER all information reasonably requested by PROVIDER to provide evidence of USER's payment of the Assessment. USER, at its option, shall have the right, at its sole cost, to contest any such Assessments. If USER elects to contest any Assessment subject to this Section, USER shall notify PROVIDER in writing of its intention to contest the Assessment and PROVIDER will reasonably cooperate with USER in pursuing any such contest. USER, at its option, may pay the Assessment prior to any such contest, or contest the Assessment without payment; provided that (i) USER shall take such steps as are reasonably necessary to prevent any forfeiture of PROVIDER's rights or property, or the imposition of any lien on the System and (ii) USER shall indemnify and hold PROVIDER harmless from any expense, legal action or cost, including reasonable attorneys' fees, resulting from USER's exercise of its rights to contest an Assessment under this Section. If, within ten (10) business days prior to the due date of such Assessment, USER does not pay the Assessment to PROVIDER, notify PROVIDER in writing of its intentions to pay the Assessment directly to the appropriate taxing authority, or notify PROVIDER in writing of its intention to contest the Assessment, then PROVIDER, in its sole discretion, may pay the Assessment and invoice USER for reimbursement. In such case, USER shall reimburse PROVIDER within thirty (30) days of receipt of invoice from PROVIDER. In the event PROVIDER receives a refund or credit of an Assessment previously paid to a taxing authority by USER or PROVIDER under the provisions of this Section, PROVIDER shall, within thirty (30) days of its receipt of such refund or credit, advance USER such refund or credit with related accrued interest paid or credited by the taxing authority, if any, and PROVIDER shall provide USER with all information reasonably requested by USER with respect to the refund or credit. 16.4 Cooperation and Efforts to Reduce Tax. The parties shall cooperate in any contest of any Assessments and in making tax-related reports and filings, so as to avoid, to the extent reasonably possible, prejudicing the interests of the other party and the parties shall use commercially reasonable and acceptable efforts to reduce or eliminate any Assessments described in this Article XVI. 16.5 Penalties and Interest. Notwithstanding any other provision of this Article XVI, in the event that either party to this Agreement incurs penalties, interest, or additional Assessments as a result of non~ompliance, non-payment, or delinquent payment of any Assessment discussed under this Article XVI when due, the party causing the incurrence of the penalty, interest or additional Assessment shall be solely responsible for such penalty, interest or additional Assessment. ARTICLE XVII NOTICE 17.1 Notice Addresses. Unless otherwise provided in this Agreement, all notices and communications concerning this Agreement shall be in writing and addressed to the other party as follows: If to PROVIDER: City of College Station Attn: City Manager PO Box 9960 Ifto USER: 1101 Texas Ave. S. College Station, Texas 77842 Facsimile: 979-764-3489 WireStar, Inc. Attn: Kyle Leissner, President P.O. Box 10966 College Station, Texas 77842-0966 Facsimile: (979) 721-9099 or at such other address as may be designated in writing to the other party. 17.2 Notice Deliverv. Unless otherwise provided herein, notices shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, and shall be deemed served or delivered to the addressee or its office when received at the address for notice specified above when hand delivered, on the day after being sent when sent by overnight delivery service, or upon receipt as evidenced by the return receipt for registered or certified U.S. Mail. ARTICLE XVIII CONFIDENTIALITY 18. l Confidentiality Obligations. The parties acknowledge that USER will disclose proprietary and confidential network and business information to PROVIDER in order to perform under this Agreement. This information if disclosed to competitors of either party, would give or increase such competitors' advantage over the party or diminish that party's advantage over its competitors ("Confidential Information"). PROVIDER agrees to take all reasonable steps to protect such proprietary and confidential information from public disclosure, and to make available such information internally only to PROVIDER personnel with a need to know or to its legal counsel, or as otherwise required by law or court order. In the event of a request under the Texas Open Records Act, PROVIDER will respond as provided in TEXAS GOVERNMENT CODE, Section 552.305. 18.2 Publicity and Advertising. (a) Neither party shall publish or use any advertising, sales promotions, or other publicity materials that use the other party's logo, trademarks, or service marks without the prior written approval of the other party. (b) Each party shall have the right to review and approve any publicity material, press releases, or other public statements by the other that refer to such party or that describe any aspect of this Agreement. Each party agrees not to issue any such publicity materials, press releases, or public statements without the prior written approval of the other party, except as is required to comply with federal or state laws. ( c) Nothing in this Agreement establishes a lease, license or right for either party to use any of the other party's brands, marks, or logos without prior written approval of the other party. ARTICLE XIX FORCE MAJEURE 19.1 Excused Performance. Neither PROVIDER nor USER shall be in default under this Agreement with respect to any delay in its performance (other than a failure to make payments when due) caused by any of the following conditions (each a "Force Majeure Event"): (a) act of God; (b) fire; (c) flood; (d) material shortage or unavailability not resulting from the responsible party's failure to timely place orders or take other necessary actions therefor; (e) government codes, ordinances, laws, rules, regulations, or court orders; (f) war or civil disorder; or (g) any other cause beyond the reasonable control of such party. The party claiming relief under this Article shall promptly notify the other in writing of the existence of the Force Majeure Event relied on, the expected duration of the Force Majeure Event, and the cessation or termination of the Force Majeure Event. The party claiming relief under this Article shall exercise commercially reasonable efforts to minimize the time for any such delay. 19.2 Damage or Destruction. (a) USER's Fibers. In the event of a total or partial destruction of substantially all of USER Equipment where such casualty occurs as a result of an event of Force Majeure, whether or not such casualty is covered under a policy of insurance carried by USER, this Agreement may be terminated at the option of USER, or USER at its sole cost and expense, may commence and complete as soon as practicable the repair or restoration of the damaged USER Equipment, or any part thereof. (b) System._In the event of a total or partial destruction of the System, or any part thereof, including USER Fibers, where such casualty occurs as a result of an event of Force Majeure, whether or not such casualty is self-insured or covered under a policy of insurance carried by PROVIDER, the Agreement may be terminated at PROVIDER's option, or PROVIDER, at its sole cost and expense, may commence and complete as soon as practicable, the repairs or restoration of the damaged System, or any part thereof, including USER Fibers, to substantially their same condition immediately before the event of destruction. If PROVIDER elects to terminate the Agreement, PROVIDER shall be relieved of any obligation to USER, and USER shall be released from its obligations under this Agreement. ARTICLE XX PAYMENT DISPUTE RESOLUTION USER and PROVIDER shall attempt in good faith to resolve any bona fide dispute arising out of or relating to any monetary obligation under this Agreement as expeditiously as possible by negotiations between an executive of USER or his or her designated representative with sufficient authority to negotiate a resolution of the dispute and an executive of PROVIDER with similar authority. Either USER or PROVIDER may give the other party written notice of any such payment dispute which notice shall include documentation substantiating the dispute. Within twenty (20) days after delivery of notice of a payment dispute as described above, the designated executives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days after the first meeting, Section 12.2 herein shall apply. ARTICLEXXI RULES OF CONSTRUCTION 21.1 Interpretation. The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. Words in this Agreement that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. References to "person" or "entity" each include natural persons and legal entities, including corporations, limited liability companies, partnerships, sole proprietorships, business divisions, unincorporated associations, governmental entities, and any entities entitled to bring an action in, or that are subject to suit in an action before, any state or federal court of the United States. The word "including" means "including, but not limited to." "Days" refers to calendar days, except that references to "banking days" exclude Saturdays, Sundays and holidays during which nationally chartered banks in Houston, Texas are authorized or required to close. Unless expressly defined herein, words having well-known technical or trade meanings shall be so construed. 21.2 Cumulative Remedies; Insurance. Except as set forth to the contrary herein, any right or remedy of PROVIDER or USER allowed by this Agreement shall be cumulative and without prejudice to any other right or remedy set forth herein. The provisions of Article XV (Insurance) shall not be construed as limiting the Indemnitor's obligations pursuant to Article XIII (Indemnification) or other provisions of this Agreement. 21.3 No Third-Party Rights. Nothing in this Agreement is intended to provide any legal rights to anyone not an executing party of this Agreement. 21.4 Agreement Fullv Negotiated. This Agreement has been fully negotiated between and jointly drafted by PROVIDER and USER. 21. 5 Document Precedence. In the event of a conflict between the provisions of this Agreement and those of any Exhibit, the provisions of this Agreement shall prevail and such Exhibits shall be corrected accordingly. 21.6 Industry Standards. Except as otherwise set forth herein, for the purpose of this Agreement the normal standards of performance within the telecommunications industry in the relevant market shall be the measure of whether a party's performance is reasonable and timely. 21.7 Cross References. Except as the context otherwise indicates, all references to Exhibits, Articles, Sections, Subsections, Clauses, and Paragraphs refer to provisions of this Agreement. 21.8 Limited Effect of Waiver. The failure of either PROVIDER or USER to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. 21.9 Aoolicable Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without reference to its choice of law principles. The laws of such state shall govern the statute of limitations and the remedies for any wrongs that may be found. 21.10 Severability. If any term, covenant or condition in this Agreement shall, to any extent, be invalid or unenforceable in any respect under the laws governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 21.11 No Partnership Created. The relationship between PROVIDER and USER shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including federal income tax purposes. PROVIDER and USER, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk. ARTICLE XXII ASSIGNMENT 22.1 Restrictions on Assignment. Except as otherwise provided herein, USER may not sell, assign, sublease or otherwise transfer in whole or in part (whether voluntarily or by action of law), directly, indirectly, or contingently this Agreement or any interest herein to any third party. 22.2 Assignments to Particular Classes of Entities. The provisions of Section 22.1 notwithstanding: (a) Assignment to Affiliate. USER may assign, sublease, or otherwise transfer in whole or in part (whether voluntarily or by action of law), directly, indirectly, or contingently this Agreement or any interest herein to an Affiliate, so long as that Affiliate provides information to PROVIDER within thirty (30) days of the assignment, establishing that it has the ability to meet the financial obligations under this Agreement. If Affiliate fails to meet this criteria set forth above, the Assignment shall be null and void. (b) Assignment to Third Party Providing Similar Services. USER may assign, sublease, or transfer, pursuant to a merger, sale or transfer of all or substantially all of the assets or stock of USER, all of its rights and obligations under this Agreement to any party that provides similar services as USER, so long as the surviving or purchasing entity assumes, in writing, all of the obligations of USER under this Agreement, and provides information acceptable to PROVIDER within thirty (30) days after the Assignment, sublease, transfer, merger or sale, sufficient to satisfy PROVIDER that the proposed assignee can meet those obligations. If the proposed assignee cannot establish to PROVIDER's reasonable satisfaction that it can meet those obligations, then the assignment shall be null and void. 22.3 Agreement Binds Successors. This Agreement and the rights and obligations under this Agreement (including the limitations on liability and recourse set forth in this Agreement benefiting the other party) shall be binding upon and shall inure to the benefit of PROVIDER and USER and their respective permitted successors and assigns. 22.4 Change in Control Not an Assignment. Notwithstanding any presumptions under applicable state law that a change in control of a party constitutes an assignment of an agreement, a change in control of a party, not made for purposes of circumventing restrictions on assignment or of depriving the other party of rights under this Agreement, shall not be deemed an assignment for purposes of this Agreement. 22.5 Right to Subcontract. PROVIDER may subcontract for testing, maintenance, repair, restoration, relocation, or other operational and technical services it is obligated to provide hereunder or may have its contractor perform such obligations. 22.6 Financing Arrangements. Subject to Section 9.6, either party shall have the right, directly or through an Affiliate, to enter into financing arrangements (including secured loans, leases, sales with lease-back, or leases with lease-back arrangements, purchase-money or vendor financing, conditional sales transactions, or other arrangements) with one or more financial institutions, vendors, suppliers or other financing sources (individually and collectively, "Lenders"), that, with respect to PROVIDER, relate to the System and, with respect to USER, relate to the USER License (and not to any property right in the System). ARTICLE XXIII ENTIRE AGREEMENT; AMENDMENT; EXECUTION 23.1 Integration; Exhibits. This Agreement constitutes the entire and final agreement and understanding between PROVIDER and USER with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits referred to herein are integral parts hereof and are made a part of this Agreement by reference. 23.2 No Parol Amendment. This Agreement may only be amended, modified, or supplemented by an instrument in writing executed by duly authorized representatives of PROVIDER and USER. 23.3 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Agreement and intending to be legally bound hereby, PROVIDER and USER have executed this Agreement as of the dates set forth opposite the signatures of their respective authorized officers below. "PROVIDER": CITY OF COLLEGE ST A TION Date: --------Kelly Templin, City Manager ATTEST: Sherry Mashburn, City Secretary APPROVED: Assistant City Manager/CFO Carla A. Robinson, City Attorney Date: ~ / /l) / 2, 0 I ~ "USER": WIRESTAR INC. By:_IU~~~·~~--­ f)Tie Leissner, President EXHIBIT A MAP OF ROUTES COVERED BY THIS LEASE The routes covered by this Lease Agreement are highlighted in green on the below map. ,, . ; Exhibit A 1, Page 1 " . EXHIBIT A-1 ROUTE SEGMENT LISTING AND PAYMENT AMOUNTS Right to Fibers on PROVIDER System Route Segments Two (2) fiber strands on the main city fiber ring as shown in Exhibit A Two (2) fiber strands on the Route Segment running from the splice point in the vicinity of Southwest Parkway and Wellborn Rd to the Dowling Road Pump Station on Dowling Road Two (2) fiber strands on the Route Segment running from Dowling Road Pump Station on Dowling Road to the splice point in the vicinity of FM 2818 and Luther Street W. Initial Route Segments Two (2) fiber strands on the main city fiber ring as shown in Exhibit A Two (2) fiber strands on the Route Segment running from the splice point in the vicinity of Southwest Parkway and Wellborn Rd to the Dowling Road Pump Station on Dowling Road. Two (2) fiber strands on the Route Segment running from Dowling Road Pump Station on Dowling Road to the splice point in the vicinity of FM 2818 and Luther Street W. Calculation of License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. Fiber Ring Distance SWP -Dowling Rd segment Dowling Rd -Luther segment Total miles 18.8 miles 1.1 miles 1.68 miles 21.58 miles Two (2) fiber strands for each segment 2 fiber strands x 21.58 miles= 43.16 Fiber Strand Miles 43.16 Fiber Strand Miles x $500.00/Fiber Strand Miles = $21,580.00 User License Payment Amount Calculation of Maintenance Amount Following the Effective Date for each USER Fiber on a Route Segment, USER will pay an annual maintenance fee per Fiber Mile per year. The annual maintenance will be calculated annually and is based on the personnel cost (payroll and benefits) times the estimated percent of city staff time spent conducting fiber operations and maintenance activities. This amount provides the total staff cost devoted to fiber operations and maintenance activities. This amount is then divided by the total number of fiber strand miles to determine the annual maintenance cost per fiber strand mile Exhibit A-1, Page 1 City staff cost devoted to fiber activities Total city fiber optic strand miles $68,885 2,192 Maintenance cost per fiber optic strand mile: $68,885/2192 = $31.43 per fiber strand mile Annual maintenance cost: $31.43/fiber strand mile x 43.16 fiber strand miles leased= $1,356.52 Due Date for License Payment The License Payment shall be paid by USER to PROVIDER as follows: (a) 100% of the License Payment and the first year Maintenance Amount is due and payable upon execution of the Agreement by the parties. Exhibit A-1, Page 2 Initial IRUs for Route Segments: As of the Effective Date, This Lease will be effective for the following Fibers in the following Route Segments: Order 1 ROUTE SEGMENTS Scheduled Estimated Type Estimated Annual Origin/Destination or Network Delivery Route of No.of Fiber Maintenance Description Date Miles Fiber Fibers Miles Fiber Ring Upon execution 18.8 SM 2 37.6 1181.76 SW Parkway to Dowling Rd Upon execution l.l SM 2 2.2 69.15 Dowling Rd to Luther St W/2818 Upon execution l.68 SM 2 3.36 105.60 Totals: -21.58 -43.16 $1,356.51 Process for Additional USER Fibers Elections Following the Effective Date: USER may request availability of additional Fibers on Route Segments by written notice to PROVIDER identifying the Route Segment and number of Fibers requested. Subject to verification of availability by PROVIDER within fourteen (14) business days of written notice of the request, PROVIDER and USER may execute additional Lease Agreements, or amend this Agreement to include additional Fibers or Route Segments. Exhibit A-1, Page 3 EXHIBITB Fiber Cable Splicing, Testing and Acceptance Procedures 1. PROVIDER will perform all tests, provide documentation, and meet the standards identified in this exhibit. Analysis of final bi-directional OTDR data will be the tool used to make final acceptance of the fibers. 2. ACCEPTANCE STANDARDS A. Bi-directional Traces Bi-directional OTDR traces will be taken without a launch reel. OTDR traces should be taken in both directions at 1550 nm .. The traces for all fibers should be recorded on removable media and provided to the other party. USER identified Route Segments proposed for coverage by this Agreement to PROVIDER and testing per this Exhibit has been performed and results provided to USER. Route Segments listed in Exhibit A-1 are accepted by USER. B. Light Source and Power Meter Test A bi-directional End to End test was performed on each fiber in a Span at 1550 nm with a Light Source and Power Meter. The purpose of this test is to determine actual Span loss and to prove there is a one-to-one correspondence of all fibers 3. NAMING OF TRACES OTDR traces taken for bi-directional testing, and the OTDR traces of the splice must be recorded on removable media and provided to the other party. To name the traces, each party will provide alpha abbreviations for the sites. The 8-character file name plus 3-numbers, including fiber strand should follow this example: First four letters (Provider Approved) = source point Letters 5, 6, 7, 8 (Provider Approved) = Destination point 3 numbers = fiber number SOR = file extension NOTE: ALL HEADER INFORMATION ON OTDR TRACE MUST BE COMPLETED. 4. OTDR SETUP NOTE: BEFORE THE START ANY TESTING, ALL CONNECTORS WILL BE CLEANED WITH A CONNECTOR CLEANER. The OTDR used to perform testing is the EXFO, Model FTB-150 or equivalent model. The following settings were used. Index of Refraction Fiber type 1550 nm 1.4677 All NOTE: THESE SETTINGS ARE GUIDELINES ONLY. EACH PROJECT OR TESTING SITUATION MAY REQUIRE ADJUSTMENT OF SETTINGS TO OBTAIN THE BEST TEST RESULTS POSSIBLE. 5. TEST PACKAGES PROVIDER provided a package containing the following test data for each fiber. All data provided was saved on removable media. A. OTDR Span traces taken at 1550 nm. B. An Excel spreadsheet containing the power meter and light source data for both directions at 1550 nm. The spreadsheet should also include the average for each fiber. EXHIBITC Fiber Optic Cable Specifications The fiber optic cable for each Route Segment is described on attached Exhibit A-2. The majority of PROVIDER fiber optic cable is_OFS ADSS (All-Dielectric Self-Supporting) Singlemode fiber optic cable such as AT-3BE27DT-048-CLCB_ Double Jkt PowerGuide ADSS Double PE Jkts, Dielectric Central Member ALLWAVE-SM-.35/.31/.25 db/km@1310/1385/1550 CABLE DIAMETER: 16.8 mm (0.662 in.) or similar. ADSS (All-Dielectric Self-Supporting) is a loose tube non-metallic fiber optic cable that is designed to be installed without the assistance of metal strand. ADSS cable uses aramid yarn and a high tensile central strength member for support. ADSS cable attaches directly to the pole or tower with the use of special attachment hardware. Exhibit C, Page 1 of 1 EXHIBITD Fiber Optic Cable Facilities Installation Specifications The System has been constructed in accordance with Industry Standards. Exhibit D, Page 1 of 1 EXHIBITE Operations Specifications All capitalized terms not otherwise defined herein shall have their respective meanings as set forth in the Agreement of which this Exhibit forms a part. 1. Maintenance. (a) Scheduled Maintenance. Routine Maintenance and repair of the System described in this section ("Scheduled Maintenance") shall be performed by or under the direction of PROVIDER, at PROVIDER's reasonable discretion or at USER's request. Scheduled Maintenance shall commence with respect to each Segment upon the Execution Date. Scheduled Maintenance may include the following activities: (i) Monitoring of the System on a regular basis; (ii) Participation in the "Texas8 l l" program and all required and related cable locates; (b) Unscheduled Maintenance. Non-Routine Maintenance and repair of the System which is not included as Scheduled Maintenance ("Unscheduled Maintenance") shall be performed by or under the direction of PROVIDER. Unscheduled Maintenance shall commence with respect to each Segment upon the Effective Date. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to an alarm identification by PROVIDER, notification by USER or notification by any third party of any failure, interruption or impairment in the operation of the System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the System. (ii) "Non-Emergency Unscheduled Maintenance" in response to any potential service-affecting situation to prevent any failure, interruption or impairment in the operation of the System. USER shall immediately report the need for Unscheduled Maintenance to PROVIDER in accordance with procedures promulgated by PROVIDER from time to time. PROVIDER will log the time of USER's report, verify the problem and dispatch personnel within a reasonable time to take corrective action. PROVIDER will use the same procedures and level of effort to restore USER service as used to restore service to PROVIDER Fiber Optic Cable Facilities. 3. Cooperation and Coordination. (a) USER shall utilize an Escalation List provided by PROVIDER, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of PROVIDER personnel in meeting maintenance service objectives. (b) USER will, as necessary, arrange for unescorted access for PROVIDER to all sites of the USER Fibers in the System, subject to applicable contractual, underlying real property and other third-party limitations and restrictions. (c) USER shall furnish to PROVIDER, and update as changes occur, the current name, title, telephone number and personal device communications number of a USER representative to contact regarding maintenance schedules and actions. (d) In performing its services hereunder, PROVIDER will take workmanlike care to prevent impairment to the signal continuity and performance of the System. The precautions to be taken by PROVIDER shall include notifications to USER of service affecting activities or conditions. In addition, PROVIDER shall reasonably cooperate with USER in sharing information and analyzing the disturbances regarding the Fiber Optic Cable Facilities and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving Fiber Optic Cable Facilities, fiber, electronic equipment, or regeneration or other facilities of the USER, then USER shall, at PROVIDER's reasonable request, make such personnel of USER available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with PROVIDER in performing such maintenance as required of PROVIDER hereunder. (e) PROVIDER will notify USER at least five (5) business days prior, or when practical, ten ( 10) calendar days prior to the date in connection with any Planned Service Work Period (PSWP) of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. USER shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with PROVIDER's ability to perform its obligations under this Agreement. In the event that after any such notification the Scheduled Maintenance is canceled or delayed, PROVIDER shall notify USER at PROVIDER's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. 4. Facilities. (a) PROVIDER will maintain the System in a manner which will permit USER's use, in accordance with the terms and conditions of the Agreement and the USER Fibers required to be provided under the terms of the Agreement. (b) Except to the extent otherwise expressly provided in the Agreement, USER will be solely responsible for providing and paying for any and all maintenance of all electronic, optronic and other equipment, materials and facilities used by USER in connection with the operation of the Dark Fibers, none of which is included in the maintenance services to be provided hereunder. 5. Fiber Optic Cable Facilities/Fibers. (a) PROVIDER will perform appropriate Scheduled Maintenance on the Fiber Optic Cable Facilities contained in the System in a good and workmanlike manner and in accordance with PROVIDER's then current preventative maintenance procedures. (c) PROVIDER will maintain sufficient capability to teleconference with USER during an Emergency Unscheduled Maintenance in order to provide regular communications during the repair process. When correcting or repairing Fiber Optic Cable Facilities discontinuity or damage, including but not limited to Emergency Unscheduled Maintenance, PROVIDER will use the same effort to restore USER service as used to restore PROVIDER service. In order to accomplish such objective, it is acknowledged that the repairs so effected may be temporary in nature. In such event, within twenty-four (24) hours after completion of any such Emergency Unscheduled Maintenance, PROVIDER shall commence its planning for permanent repair, and thereafter promptly shall notify USER of such plans, and shall implement such permanent repair within an appropriate time thereafter. Restoration of open fibers on fiber strands not immediately required for service shall be completed on a mutually agreed-upon schedule. If the fiber is required for immediate service, the repair shall be scheduled for the next available Planned Service Work Period (PSWP). (e) PROVIDER will maintain and supply an inventory of spare Fiber Optic Cable Facilities in storage facilities supplied and maintained by PROVIDER at strategic locations to facilitate timely restoration. 6. Planned Service Work Period CPSWP). Scheduled Maintenance which is reasonably expected to produce any signal discontinuity must be coordinated between the parties. 7. Subcontracting. PROVIDER may subcontract any of the maintenance services hereunder; provided that PROVIDER shall require the subcontractor(s) to perform in accordance with the requirements and procedures set forth herein. The use of any such subcontractor shall not relieve PROVIDER of any of its obligations hereunder. EXHIBITF Interconnections I. USER's Right to Interconnect. (a) Route Segments. The initial connection points for each Route Segment are described on Exhibit A-2. (b) Splice Point -will be established at the PROVIDER selected splice points or at such other location as is acceptable to PROVIDER. (c) Other Interconnection Points. USER may request that PROVIDER establish other interconnections of the USER Fibers at fiber distribution panels at Fiber Optic Cable Facilities end points or other particular agreed to splice points in meet me vaults subject to the terms and conditions of this Exhibit and the Agreement. USER shall reimburse PROVIDER's Costs of such installation work, including but not limited to reimbursement of all Costs associated with establishing the splice points. (d) Access. USER shall have no right to access any Fibers within the Fiber Optic Cable Facilities or to enter any splice or PROVIDER vault. PROVIDER shall undertake all work to interconnect the USER Fibers and to construct and install the Associated Conduit, Fiber Optic Cable Facilities and appurtenances on its side of the demarcation point, and USER shall reimburse PROVIDER for its charges associated with such work within thirty (30) days of receipt of PROVIDER's invoice therefor. 2. Requests for Interconnections. (a) Connection Requests. USER shall provide PROVIDER at least forty five (45) days' notice (the "Interconnect Notice") of the interconnection request and/or the date USER requests that a connection be completed. The Interconnect Notice shall set forth a description of the work required to be performed, including: (i) the connection location; (ii) a copy of USER's construction design drawings including a diagram of the desired location of the Interconnect; and (iii) all other information reasonably required by PROVIDER. (b) Response to Requests. Within ten (10) days after receiving the Interconnect Notice, PROVIDER shall respond with its acceptance or objections to the proposed interconnection. PROVIDER will use commercially reasonable efforts to accommodate the request to establish a Route Segment within thirty (30) days of its acceptance of the proposed interconnection unless a longer period oftime to establish the entrance is stated in PROVIDER's acceptance. Notwithstanding the foregoing, PROVIDER may restrict any work establishing an interconnection to a planned service work period. Interconnection of Buildings not interconnected to PROVIDER's network on the Route Segment will be considered on a case-by- case basis. PROVIDER may decline to make a requested connection at their sole discretion. 3. Demarcation Points. PROVIDER shall designate an installation demarcation point and a maintenance demarcation point (which may be a different point) for each interconnection of the USER Fibers as necessary to safeguard and maintain PROVIDER's control over the System and in accordance with section 1 (b) above. PROVIDER shall perform all installation work on facilities on its side of the installation demarcation point and shall perform all post-installation work on facilities on its side of the maintenance demarcation point. USER shall reimburse PROVIDER's charges of such installation work as set forth in this Exhibit. All post-installation work shall be part of PROVIDER's maintenance obligations under the Agreement. 4. Testing following Interconnects. Following splicing at agreed upon interconnect points, PROVIDER and USER will cooperate, including access to each other's facilities to conduct fiber testing to verify connectivity. 5. Installation of Interconnect Facilities. (a) Building Entrance Cable. If applicable, USER shall, prior to the requested connection date, provide a fiber optic cable containing the applicable number of fibers of sufficient length to allow PROVIDER to pull such cable from the installation demarcation point to the splice point, as applicable, with an additional length (minimum of 100 feet) sufficient for PROVIDER to perform splicing (the "Building Entrance Cable"). (b) Construction Standards. All Interconnect Facilities constructed and installed by PROVIDER for USER will meet or exceed generally accepted telecommunications industry standards, as reasonably determined by PROVIDER, and all requirements of PROVIDER's building management or insurance underwriters, and any applicable local, state and federal codes and public health and safety laws and regulations (including fire regulations and the National Electric Code). (c) Right of Way Obligations. Except as otherwise agreed between the parties, USER shall provide, at its sole cost and expense, any and all necessary rights of way, easements, permits, access rights and/or any required consents or authorizations to the extent Interconnect Facilities are located outside of PROVIDER's existing System and the PROVIDER splice point located outside of the applicable Building, and PROVIDER-approved materials and equipment (including cables and conduit) necessary for the construction, use operation, maintenance and repair of each such Interconnect facility. (d) Building Access. Notwithstanding anything herein to the contrary, USER shall be responsible for acquiring and maintaining, at its sole cost and expense, building access rights and the right to distribute USER's facilities and services in each Building to be connected to the USER Fibers pursuant to this Agreement. USER shall be solely responsible for third party cross connect fees and other charges and costs related to interconnection to the USER Fibers associated with each Building entrance. ( e) Determination of Splice Point and Demarcation Points for Building Entrances. Upon receipt of an Interconnection Request for a Building entrance, the parties agree to reasonably cooperate in determining the suitable locations for the splice point and demarcation points for the applicable Building. In Buildings where PROVIDER does not have Building access, the splice point will generally be located at the Building serving manhole, and the installation demarcation point and maintenance demarcation point will be located at the interface of the Building with the applicable Building serving vault and/or electric conduit serving the Building. If the parties cannot reach agreement with respect to the locations of the splice point and demarcation points for any Building, PROVIDER shall have the right to determine the applicable locations; provided that USER may withdraw its Installation Request for the applicable Building prior to commencement of construction of the Building entrance if USER objects to the selected splice point and demarcation points. (t) Space Constraints. Except for PROVIDER lit Buildings, PROVIDER may decline to establish a requested Building entrance ifthere is not adequate space remaining in the applicable Building conduit or other applicable facilities for a Building Entrance Cable containing the proposed number of fibers such that installation thereof would interfere with the operation of the other cables then installed within the Building conduit or facilities or would create an unreasonable risk of such interference as determined by PROVIDER in its reasonable discretion consistent with generally accepted standards and/or practices m the telecommunications industry. 6. Maintenance and Modification of Interconnect Facilities. USER shall provide all maintenance and repair of the Interconnect Facility on USER's side of the maintenance demarcation point and PROVIDER shall provide all maintenance and repair of the Interconnect facility on PROVIDER's side of the maintenance demarcation point. Any improvement, modification, addition to, relocation, or removal of the Interconnect facility by USER shall be subject to PROVIDER's prior review and written approval. USER shall pay the cost of such improvement, modification, addition to, relocation, or removal of the Interconnect Facility and the cost of repairing any damage due to USER's actions. However, subject to the terms of the Agreement, if PROVIDER initiates relocation or modification of the splice point and/or demarcation point for any Building entrance, such relocation or modification shall be at PROVIDER's Cost. PROVIDER's maintenance responsibility shall be limited to the Interconnect Facilities on its side of the maintenance demarcation point. EXHIBITG Insurance Certificates ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY) ~ 9/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER .... .. ""'' NAME: Techinsurance r,.~gN9,. ~vt•: 800-668-7020 I FAX: IA/C Nol: 972-390-8484 1301 S. Central Expy ., Suite 115 E-MAIL ADDRESS: Allen, TX 75013 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company, Limited 11000 INSURED 1NsuRER B: The Hartford 30104 WireStar Inc. INSURERC: PO Box 10966 INSURERD: College Station, TX 77842 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICYEFF POLICY EXP LIMITS LTR ,...,n wun POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ ~ CLAIMS-MADE [!] OCCUR DAMAc;E To Rt:NTED PREMISES IEa occurrencel $ 1,000,000 A y y 46SBARQ6211 11/2/2014 11/2/2015 MED EXP (Any one person) $ 10,000 f-- PERSONAL & ADV INJURY f-- $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 Fl DPRO-D PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 IEa accidenll - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~SCHEDULED y y 46SBARQ6211 11/2/2014 A AUTOS AUTOS 11/2/2015 BODILY INJURY (Per accident) $ -x NON-OWNED PROPERTY DAMAGE x HIRED AUTOS AUTOS (Per accidentl $ $ x UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ 3,000,000 A EXCESSLIAB CLAIMS-MADE 46SBARQ6211 11/2/2014 11/2/2015 AGGREGATE $ 3,000,000 OED I x I RETENTION s 10,000 $ WORKERS COMPENSATION x I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER B Y/N y 46WBCAQ1438 9/1412015 1911412016 $ 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE w E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E. L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) The City of College Station, its officials, employees and volunteerslnsured with regard to the general liability, automobile liability and umbrella excess liability. Waiver of subrogation in favor of the The City of College Station, its officials, employees and volunteers with regard to the general liability, automobile liability, umbrella excess liabilit, and workers' compensation coverage. CERTIFICATE HOLDER CANCELLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. POBOX9960 College Station, Texas 77842 AUTHORIZED REPRESENTATIVE ' , . l I I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY) ~ 9/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER \;UNIAl,;I NAME: Techinsurance r .. ~~N,.t cv+•: 800-668-7020 I FAX iAJC Nol: 972-390-8484 1301 S. Central Expy., Suite 115 E-MAIL ADDRESS: Allen, TX 75013 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company, Limited 11000 INSURED INSURER B , The Hartford 30104 WireStar Inc. INSURERC: PO Box 10966 INSURERD: College Station, TX 77842 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE l"UUL ~~~ '~~ ,:oucvEXP LIMITS LTR ... ~ft POLICY NUMBER x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ D CLAIMS-MADE [!] OCCUR DAM~~~rn RENTED 1---PREMI s IEa occurrencel $ 1,000,000 A y y 46SBARQ6211 11/2/2015 11/2/2016 MED EXP (Anv one person) $ 10,000 1--- PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 =l DPRO-DLoc PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY ~~~~~1SINGLE LIMIT $ 2,000,000 - ANY AUTO BODILY INJURY (Per person) $ -ALLOV'v'NED -SCHEDULED y y A 46SBARQ6211 11/2/2015 11/2/2016 BODILY INJURY (Per accident) $ -AUTOS AUTOS x x NON-OVVNED ~p~~:;:.;i;;~it?AMAGE $ HIRED AUTOS AUTOS - $ x UMBRELLA UAB H OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESSUAB CLAIMS-MADE 46SBARQ6211 11/2/2015 11/2/2016 AGGREGATE $ 3,000,000 OED Ix I RETENTION$ 10,000 $ WORKERS COMPENSATION x I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER B Y/N y 46WBCAQ1438 1911412015 911412016 $ 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE [!] E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~~~~rrrr~ 't)'~'gPERA TIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space la required) The City of College Station, its officials, employees and volunteerslnsured with regard to the general liability, automobile liability and umbrella excess liability. Waiver of subrogation in favor of the The City of College Station, its officials, employees and volunteers with regard to the general liability, automobile liability, umbrella excess liabilit, and workers' compensation coverage. CERTIFICATE HOLDER CANCELLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX9960 College Station, Texas 77842 AUTHORIZED REPRESENTATIVE ' , > I I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0556 Name:Rock Prairie Road Rehab Change Order No. 3 Status:Type:Change Order Consent Agenda File created:In control:9/19/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion regarding approval of Change Order No. 3 to the construction contract with Angel Brothers, Inc. in the amount of $78,811.17 for the Rock Prairie Road Rehabilitation project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:CO#3 signed.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of Change Order No. 3 to the construction contract with Angel Brothers, Inc. in the amount of $78,811.17 for the Rock Prairie Road Rehabilitation project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the change order with Angel Brothers, Inc. in the amount of $78,811.17. Summary: The project will rehabilitate the Rock Prairie Road pavement from Medical Avenue to William D. Fitch including the replacement of cross roadway drainage culverts. Change Order No. 3 includes work to mill, remove, and re-stabilize existing subgrade. While trying to mix cement into the existing subgrade, the contractor discovered a section of existing cement treated subgrade that was previously unknown. Their mixing machine was unable to pulverize the material. A milling machine was needed to pulverize the material so it could be mixed and re-stabilized. This change order also increases the amount of geogrid used on the project. While compacting the base material, the contractor and city inspector noticed some sections of the road that did not call for geogrid were pumping. Additional geogrid will be used to help stabilize the area. Budget & Financial Summary: Funds in the amount of $1,920,000 are currently budgeted for this project in the Streets Capital Improvement Projects Fund. A total of $1,537,998.49 has been committed or expended to date, leaving $382,001.51 for this change order and remaining expenses. Attachments: 1.Change Order No. 3 College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0556,Version:1 College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0557 Name:Recycling Franchise Ordinance and Service Agreement Status:Type:Contract Consent Agenda File created:In control:9/19/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion regarding approval of a recycling collection franchise ordinance and service agreement with CCAA, LLC., d/b/a Brazos Valley Recycling. Sponsors:Pete Caler Indexes: Code sections: Attachments:BVR Contract #-16300002-.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a recycling collection franchise ordinance and service agreement with CCAA, LLC., d/b/a Brazos Valley Recycling. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Sustainable City Recommendation(s): Staff recommends approval of a five (5) year franchise agreement and general services contract with Brazos Valley Recycling for the collection, processing, and marketing of recyclable materials. Summary: RFP No. 15-053 for residential homes, city-owned buildings and facilities recycling collection closed on August 17, 2015. Brazos Valley Recycling, Texas Commercial Waste, and Central Waste and Recycling were the three responding firms to the RFP. Each firm proposed a single stream recycling collection. Staff has reviewed and ranked the proposals based on the complete response to RFP. Budget & Financial Summary: Currently, Texas Commercial Waste charges the City $653,000 annually for recycling services. Under the new franchise agreement and general services contract, the City will pay an annual cost of $840,283.20. At present, the provision of recycling collection services and associated public education programs accounts for $2.82 out of the $14.40 monthly sanitation fee charged to each customer. Staff is not recommending a rate increase at this time. Attachments: 1.Franchise Agreement & General Services Contract College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0559 Name:Southland Drainage Improvements Change Order No. 1 Status:Type:Change Order Consent Agenda File created:In control:9/19/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion regarding approval of Change Order No. 1 to the design contract in the amount of $11,285 for the Southland Drainage Improvements project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map.pdf CO#1 signed.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of Change Order No. 1 to the design contract in the amount of $11,285 for the Southland Drainage Improvements project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the change order with Binkley & Barfield, Inc. in the amount of $11,285. Summary:The Southland Drainage project will install drainage improvements along a Bee Creek tributary just east of Southland Street including excavation and a drainage channel to increase storage capacity and increase conveyance in the creek.The project will also extend the existing waterline along Southland Street to the Parkway Circle Apartments to loop the existing waterline serving Parkway Circle. The change order adds services to the original scope of work for extending and looping the existing waterline in the Copper Creek Condos to the existing waterline along Southland Street. The change order also adds extra work for redesigns and extra coordination for the proposed excavation along the creek. Budget & Financial Summary: The total project budget is $305,250 and $56,951.02 has been expended or committed to date, leaving a balance of $248,298.98 for the remainder of the project. Attachments: 1.Change Order No. 1 2.Project Map College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0559,Version:1 College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ !(!(z!(z!(z!(z&É G!. G!. G!. G!. G!. G!. KB-010 KV-339KV-338 KV-337 KV-266 KV-034 K-145 K-118 K-066 K-074 K-073 K-126 SOUTHLAND STREET. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0565 Name:City Branded Uniforms Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion authorizing the award of Bid No. 15-080 for the purchase of City branded uniforms for Parks athletic programs and for other City departments with CC Creations ($40,000) and Monograms and More ($40,000) and Promotional Designs, Inc. ($40,000) for a combined annual estimated expenditure of $120,000. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Tabulation.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion authorizing the award of Bid No. 15-080 for the purchase of City branded uniforms for Parks athletic programs and for other City departments with CC Creations ($40,000) and Monograms and More ($40,000) and Promotional Designs, Inc. ($40,000) for a combined annual estimated expenditure of $120,000. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s): Staff recommends approval to purchase City branded uniforms for Parks athletic programs and other City departments to CC Creations, Monograms and More and Promotional Designs, Inc. Summary: Four (4) sealed, competitive bid were received and opened on Thursday, September 3, 2015. The bid submitted by Aramark Uniform Services was not considered for award due to being incomplete. The recommended awards are based on varying line item pricing between the three remaining bids. These awards will give departments more options when needing to place uniform orders. These purchases will be made as needed during the term of the agreement.Approximately 70% ($84,000) of the total expenditure will be utilized by the Athletic Division in the Parks and Recreation Department for league play: adult softball, volleyball, flag football, youth softball, volleyball, flag football, basketball, challenger sports and swim teams. The cost of these shirts are calculated into the registration fees charged to program participants and are recovered by the Parks and Recreation Department through these registration fees. The other 30% ($36,000) of shirts purchased will be used as employee uniforms for Fire, Public Works, Electric, etc. This will be a one year price agreement with two possible one year renewals. Budget & Financial Summary:Funds are budgeted and available in various departmental operating budgets. College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0565,Version:1 Legal Reviewed:N/A Attachments:Tabulation, ITB 15-080 College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 1 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. Salem, VA College Station, TX College Station, TX Dallas, TX ITEM QTY DESCRIPTION 1 3300 Adult T-Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/ seamless collar. (S-XLG) Manufacturer Gildan Gildan Gildan Gildan Product/Style No.8000 8000 8000 8000 Weight 5.6 5.6 5.6 Standard Qty Order (12 - X each)47 23 23 143 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $6.29 $3.15 $3.10 $2.40 Large Qty Price $6.29 $2.15 $2.10 $2.30 Special Orders (1-11 each)n/a $5.60 $5.50 $2.90 Size 2X-3X $7.69 $1.50 $1.50 $2.50 Size 4X-5X $7.69 $2.00 $2.00 $3.00 Light Colors: Standard Qty Price $6.29 $3.55 $3.55 $2.60 Large Qty Price $6.29 $2.55 $2.55 $2.50 Special Orders (1-11 each)n/a $5.60 $5.50 $3.10 Size 2X-3X $7.69 $1.75 $1.75 $2.50 Size 4X-5X $7.69 $2.25 $2.25 $3.00 Dark Colors: Standard Qty Price $6.29 $3.80 $3.85 $2.70 Large Qty Price $6.29 $2.80 $2.85 $2.60 Special Orders (1-11 each)n/a $5.95 $6.00 $3.20 Size 2X-3X $7.69 $2.50 $2.00 $2.50 Size 4X-5X $7.69 $2.50 $2.50 $3.00 AVG ANNUAL STANDARD QTY PRICE $20,757.00 $11,550.00 $11,550.00 $8,470.00 AVG ANNUAL LARGE QTY PRICE $20,757.00 $8,250.00 $8,250.00 $8,140.00 2 600 Adult T-Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. No Pocket. 100% Preshrunk Cotton (S-XLG) Manufacturer Gildan Gildan Gildan Gildan Product/Style No.2000 2000 2000 2000 Weight 6.1 6.1 6.1 Standard Qty Order (12 - X each)47 23 23 143 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $6.29 $3.25 $3.20 $2.40 Large Qty Price $6.29 $2.25 $2.20 $2.30 Special Orders (1-11 each)n/a $6.00 $5.95 $2.90 Size 2X-3X $7.69 $1.50 $1.50 $2.50 Size 4X-5X $7.69 $2.00 $2.00 $3.00 Light Colors: Standard Qty Price $6.29 $3.75 $3.75 $2.60 Large Qty Price $6.29 $2.75 $2.75 $2.50 Special Orders (1-11 each)n/a $6.25 $6.25 $3.10 Size 2X-3X $7.69 $1.75 $1.75 $2.50 Size 4X-5X $7.69 $2.25 $2.25 $3.00 Dark Colors: Standard Qty Price $6.29 $4.00 $4.05 $2.70 Large Qty Price $6.29 $3.00 $3.05 $2.60 Special Orders (1-11 each)n/a $6.50 $6.55 $3.20 Size 2X-3X $7.69 $2.00 $2.00 $2.50 Size 4X-5X $7.69 $2.50 $2.50 $3.00 AVG ANNUAL STANDARD QTY PRICE $3,774.00 $2,200.00 $2,200.00 $1,540.00 AVG ANNUAL LARGE QTY PRICE $3,774.00 $1,600.00 $1,600.00 $1,480.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 2 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 3 450 Adult T- Shirt, Long Sleeve, Taped neck and shoulders, double needle neck and hem. (No Pocket) (S-XLG) Manufacturer Gildan Gildan Gildan Gildan Product/Style No.8400 8400 8400 8400 Weight 5.6 5.6 5.6 Standard Qty Order (12 - X each)47 23 23 144 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $9.09 $7.40 $7.35 $4.70 Large Qty Price $9.09 $6.40 $6.35 $4.50 Special Orders (1-11 each)n/a $9.40 $9.35 $5.20 Size 2X-3X $10.49 $1.50 $1.50 $2.00 Size 4X-5X $10.49 $2.00 $2.00 $3.00 Light Colors: Standard Qty Price $9.09 $7.90 $7.90 $5.40 Large Qty Price $9.09 $6.90 $6.90 $5.20 Special Orders (1-11 each)n/a $9.90 $9.90 $5.90 Size 2X-3X $10.49 $1.75 $1.75 $2.00 Size 4X-5X $10.49 $2.25 $2.25 $3.00 Dark Colors: Standard Qty Price $9.09 $8.40 $8.45 $6.00 Large Qty Price $9.09 $6.40 $6.45 $5.80 Special Orders (1-11 each)n/a $10.40 $10.45 $6.50 Size 2X-3X $10.49 $2.00 $2.00 $2.00 Size 4X-5X $10.49 $2.25 $2.50 $3.00 AVG ANNUAL STANDARD QTY PRICE $4,090.50 $3,555.00 $3,555.00 $2,415.00 AVG ANNUAL LARGE QTY PRICE $4,090.50 $2,955.00 $2,955.00 $2,325.00 4 250 Youth Competitor T- Shirt, Short Sleeve, Set-in Sleeves (No Pocket) (S-XLG) Manufacturer No Bid Sport Tek Sport Tek Sport Tek Product/Style No.YST 350 YST350 YST350 Weight 3.8 3.8 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $5.69 $5.70 $4.50 Large Qty Price $5.59 $5.60 $4.30 Special Orders (1-11 each)$10.59 $10.60 $4.95 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 Light Colors: Standard Qty Price $5.69 $5.70 $4.50 Large Qty Price $5.59 $5.60 $4.30 Special Orders (1-11 each)$10.59 $10.60 $4.95 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 Dark Colors: Standard Qty Price $5.69 $5.70 $4.50 Large Qty Price $5.59 $5.60 $4.30 Special Orders (1-11 each)$10.59 $10.60 $4.95 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 AVG ANNUAL STANDARD QTY PRICE $1,422.50 $1,425.00 $1,125.00 AVG ANNUAL LARGE QTY PRICE $1,397.50 $1,400.00 $1,075.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 3 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 5 200 Adult Competitor T- Shirt, Short Sleeve, Set-in Sleeves (No Pocket) (S-XLG) Manufacturer Wearguard Sport Tek Sport Tek Sport Tek Product/Style No.31136 ST350 ST350 ST350 Weight 4.3 3.8 3.8 Standard Qty Order (12 - X each)47 23 23 143 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $11.89 $6.09 $6.08 $5.00 Large Qty Price $11.89 $5.99 $5.98 $4.80 Special Orders (1-11 each)n/a $11.59 $11.58 $5.45 Size 2X-3X $14.69 $1.50 $1.50 $6.75 Size 4X-5X $14.69 $2.50 $1.50 $7.25 Light Colors: Standard Qty Price $11.89 $6.09 $6.08 $5.00 Large Qty Price $11.89 $5.99 $5.98 $4.80 Special Orders (1-11 each)n/a $11.59 $11.58 $5.45 Size 2X-3X $14.69 $1.50 $1.50 $6.75 Size 4X-5X $14.69 $2.50 $1.50 $7.25 Dark Colors: Standard Qty Price $11.89 $6.09 $6.08 $5.00 Large Qty Price $11.89 $5.99 $5.98 $4.80 Special Orders (1-11 each)n/a $11.59 $11.58 $5.45 Size 2X-3X $14.69 $1.50 $1.50 $6.75 Size 4X-5X $14.69 $2.50 $1.50 $7.25 AVG ANNUAL STANDARD QTY PRICE $2,378.00 $1,218.00 $1,216.00 $1,000.00 AVG ANNUAL LARGE QTY PRICE $2,378.00 $1,198.00 $1,196.00 $960.00 6 300 Adult Polyester T- Shirt, Short Sleeve (No Pocket) (S-XLG) Manufacturer No Bid Sport Tek Sport Tek Sport Tek Product/Style No.T473 T473 T473 Weight 3.8 3.8 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $9.99 $10.00 $9.50 Large Qty Price $9.89 $9.90 $9.20 Special Orders (1-11 each)$14.99 $15.00 $9.95 Size 2X-3X $1.50 $1.50 $11.75 Size 4X-5X $2.00 $2.00 $14.50 Light Colors: Standard Qty Price $9.99 $10.00 $9.50 Large Qty Price $9.89 $9.90 $9.20 Special Orders (1-11 each)$14.99 $15.00 $9.95 Size 2X-3X $1.50 $1.50 $11.75 Size 4X-5X $2.00 $2.00 $14.50 Dark Colors: Standard Qty Price $9.99 $10.00 $9.50 Large Qty Price $9.89 $9.90 $9.20 Special Orders (1-11 each)$14.99 $15.00 $9.95 Size 2X-3X $1.50 $1.50 $11.75 Size 4X-5X $2.00 $2.00 $14.50 AVG ANNUAL STANDARD QTY PRICE $2,997.00 $3,000.00 $2,850.00 AVG ANNUAL LARGE QTY PRICE $2,967.00 $2,970.00 $2,760.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 4 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 7 500 Adult Classic Mesh Reversible Tank Double layer construction, tag at hem on color side (No Pocket) (S-XLG) Manufacturer No Bid Sport Tek Sport Tek Sport Tek Product/Style No.ST500 ST500 ST500 Weight 3.5 3.5 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $8.99 $9.00 $8.25 Large Qty Price $8.89 $8.90 $8.00 Special Orders (1-11 each)$14.99 $15.00 $8.75 Size 2X-3X $1.50 $1.50 $10.75 Size 4X-5X $2.00 $2.00 $13.50 Light Colors: Standard Qty Price $8.99 $9.00 $8.25 Large Qty Price $8.89 $8.90 $8.00 Special Orders (1-11 each)$14.99 $15.00 $8.75 Size 2X-3X $1.50 $1.50 $10.75 Size 4X-5X $2.00 $2.00 $13.50 Dark Colors: Standard Qty Price $8.99 $9.00 $8.25 Large Qty Price $8.89 $8.90 $8.00 Special Orders (1-11 each)$14.99 $15.00 $8.75 Size 2X-3X $1.50 $1.50 $10.75 Size 4X-5X $2.00 $2.00 $13.50 AVG ANNUAL STANDARD QTY PRICE $4,495.00 $4,500.00 $4,125.00 AVG ANNUAL LARGE QTY PRICE $4,445.00 $4,450.00 $4,000.00 8 500 Youth Classic Mesh Reversible Tank Double layer construction, tag at hem on color side (No Pocket) (S-XLG) Manufacturer No Bid Sport Tek Sport Tek Sport Tek Product/Style No.YST500 YST500 YST500 Weight 3.5 3.5 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $8.99 $9.00 $6.95 Large Qty Price $8.89 $8.90 $6.70 Special Orders (1-11 each)$14.99 $15.00 $7.45 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 Light Colors: Standard Qty Price $8.99 $9.00 $6.95 Large Qty Price $8.89 $8.90 $6.70 Special Orders (1-11 each)$14.99 $15.00 $7.45 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 Dark Colors: Standard Qty Price $8.99 $9.00 $6.95 Large Qty Price $8.89 $8.90 $6.70 Special Orders (1-11 each)$14.99 $15.00 $7.45 Size 2X-3X $1.50 $1.50 Size 4X-5X $2.00 $2.00 AVG ANNUAL STANDARD QTY PRICE $4,495.00 $4,500.00 $3,475.00 AVG ANNUAL LARGE QTY PRICE $4,445.00 $4,450.00 $3,350.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 5 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 9 3000 Adult T- Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. (With Pocket) (S-XLG) Manufacturer Gildan Gildan Gildan Gildan Product/Style No.2300 2300 2300 2300 Weight 6.1 6.1 6.1 Standard Qty Order (12 - X each)47 23 23 143 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $6.99 $5.40 $5.35 $4.75 Large Qty Price $6.99 $4.40 $4.35 $4.55 Special Orders (1-11 each)n/a $7.40 $7.35 $5.25 Size 2X-3X $8.39 $1.50 $1.50 $2.50 Size 4X-5X $8.39 $2.00 $2.00 $2.75 Light Colors: Standard Qty Price $6.99 $5.90 $5.90 $5.50 Large Qty Price $6.99 $4.90 $4.90 $5.30 Special Orders (1-11 each)n/a $7.90 $7.90 $6.00 Size 2X-3X $8.39 $1.75 $1.75 $2.50 Size 4X-5X $8.39 $2.25 $2.25 $2.75 Dark Colors: Standard Qty Price $6.99 $6.40 $6.45 $6.30 Large Qty Price $6.99 $5.40 $5.45 $6.10 Special Orders (1-11 each)n/a $8.40 $8.45 $6.80 Size 2X-3X $8.39 $2.00 $2.00 $2.50 Size 4X-5X $8.39 $2.25 $2.50 $2.75 AVG ANNUAL STANDARD QTY PRICE $20,970.00 $17,700.00 $17,700.00 $16,550.00 AVG ANNUAL LARGE QTY PRICE $20,970.00 $14,700.00 $14,700.00 $15,950.00 10 400 Adult T- Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. (S-2XLG) Manufacturer No Bid Hanes Hanes Hanes Product/Style No.5180 5180 5180 Weight 6.1 6.1 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $3.57 $3.55 $4.20 Large Qty Price $2.90 $2.55 $4.00 Special Orders (1-11 each)$5.10 $5.05 $4.70 Size 2X-3X $1.50 $1.50 $2.50 Size 4X-5X $2.00 $2.00 $2.75 Light Colors: Standard Qty Price $4.40 $4.40 $4.40 Large Qty Price $3.40 $3.40 $4.20 Special Orders (1-11 each)$6.40 $6.40 $4.90 Size 2X-3X $1.75 $1.75 $2.50 Size 4X-5X $2.25 $2.25 $2.75 Dark Colors: Standard Qty Price $4.70 $4.70 $4.60 Large Qty Price $3.70 $3.70 $4.40 Special Orders (1-11 each)$6.70 $6.70 $5.10 Size 2X-3X $2.00 $2.00 $2.50 Size 4X-5X $2.25 $2.50 $2.75 AVG ANNUAL STANDARD QTY PRICE $1,689.33 $1,686.67 $1,760.00 AVG ANNUAL LARGE QTY PRICE $1,333.33 $1,286.67 $1,680.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 6 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 11 100 Adult T- Shirt, Long Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. (No Pocket) (S-XLG) Manufacturer Gildan Gildan Gildan Gildan Product/Style No.2400 2400 2400 2400 Weight 5.6 6.1 6.1 Standard Qty Order (12 - X each)47 23 23 143 Large Qty Order (Over X each)48 24 24 144 White:Standard Qty Price $9.09 $7.50 $7.45 $4.40 Large Qty Price $9.09 $6.50 $6.45 $4.20 Special Orders (1-11 each)n/a $9.50 $9.45 $4.90 Size 2X-3X $10.49 $1.50 $1.50 $2.50 Size 4X-5X $10.49 $2.00 $2.00 $3.00 Light Colors: Standard Qty Price $9.09 $8.00 $8.00 $5.30 Large Qty Price $9.09 $7.00 $7.00 $5.10 Special Orders (1-11 each)n/a $9.90 $9.50 $5.80 Size 2X-3X $10.49 $1.75 $1.75 $2.50 Size 4X-5X $10.49 $2.25 $2.25 $3.00 Dark Colors: Standard Qty Price $9.09 $8.25 $8.30 $5.70 Large Qty Price $9.09 $7.25 $7.30 $5.50 Special Orders (1-11 each)n/a $10.25 $10.25 $6.20 Size 2X-3X $10.49 $2.00 $2.00 $2.50 Size 4X-5X $10.49 $2.25 $2.50 $3.00 AVG ANNUAL STANDARD QTY PRICE $909.00 $791.67 $791.67 $513.33 AVG ANNUAL LARGE QTY PRICE $909.00 $691.67 $691.67 $493.33 12 300 Youth T- Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. (S-M-L) Manufacturer No Bid Gildan Gildan Gildan Product/Style No.8000 B 8000B 8000B Weight 5.6 5.6 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $3.15 $3.10 $2.50 Large Qty Price $2.50 $2.12 $2.30 Special Orders (1-11 each)$5.15 $5.10 $2.95 Light Colors: Standard Qty Price $3.55 $3.55 $2.80 Large Qty Price $2.55 $2.55 $2.60 Special Orders (1-11 each)$5.55 $5.50 $3.25 Dark Colors: Standard Qty Price $3.80 $3.80 $2.90 Large Qty Price $2.80 $2.80 $2.70 Special Orders (1-11 each)$5.80 $5.80 $3.35 AVG ANNUAL STANDARD QTY PRICE $1,050.00 $1,045.00 $820.00 AVG ANNUAL LARGE QTY PRICE $785.00 $747.00 $760.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 7 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 13 700 Youth T- Shirt, Short Sleeve, Taped shoulder to shoulder, double needle sleeve and bottom hem w/seamless collar. (No Pocket) (S-M-L) Manufacturer No Bid Gildan Gildan Gildan Product/Style No.2000B 2000B 2000B Weight 6.1 6.1 Standard Qty Order (12 - X each)23 23 143 Large Qty Order (Over X each)24 24 144 White:Standard Qty Price $3.15 $3.15 $2.50 Large Qty Price $2.15 $2.15 $2.30 Special Orders (1-11 each)$5.15 $5.15 $2.95 Light Colors: Standard Qty Price $3.55 $3.55 $2.80 Large Qty Price $2.55 $2.55 $2.60 Special Orders (1-11 each)$5.55 $5.55 $3.25 Dark Colors: Standard Qty Price $3.80 $3.75 $2.90 Large Qty Price $2.80 $2.75 $2.70 Special Orders (1-11 each)$5.80 $5.75 $3.35 AVG ANNUAL STANDARD QTY PRICE $2,450.00 $2,438.33 $1,913.33 AVG ANNUAL LARGE QTY PRICE $1,750.00 $1,738.33 $1,773.33 14 1000 Adult Polo, Short Sleeve, Welt Knit Collar and Cuffs 2 Button Plackets, Double Needle Bottom Hem. (S-XLG) Manufacturer Wearguard Jerzees Jerzees Jerzees Product/Style No.11138 437 437 437 Standard Qty Order (12 - X each)71 71 71 Large Qty Order (Over X each)72 72 72 White:Standard Qty Price $16.79 $6.25 $6.20 $5.70 Large Qty Price $16.79 $5.25 $5.20 $5.50 Special Orders (1-11 each)n/a $8.25 $8.20 $6.10 Size 2X-3X $19.59 $1.50 $1.50 $2.75 Size 4X-5X $19.59 $2.00 $2.00 $2.75 Light Colors: Standard Qty Price $16.79 $6.75 $6.75 $5.80 Large Qty Price $16.79 $5.75 $5.75 $5.60 Special Orders (1-11 each)n/a $8.75 $8.75 $6.20 Size 2X-3X $19.59 $1.75 $1.75 $2.75 Size 4X-5X $19.59 $2.25 $2.25 $2.75 Dark Colors: Standard Qty Price $16.79 $7.00 $7.05 $5.90 Large Qty Price $16.79 $6.00 $6.05 $5.70 Special Orders (1-11 each)n/a $9.00 $9.05 $6.30 Size 2X-3X $19.59 $2.00 $2.00 $2.75 Size 4X-5X $19.59 $2.50 $2.50 $2.75 AVG ANNUAL STANDARD QTY PRICE $16,790.00 $6,666.67 $6,666.67 $5,800.00 AVG ANNUAL LARGE QTY PRICE $16,790.00 $5,666.67 $5,666.67 $5,600.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 8 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 15 100 Adult Polo, Short Sleeve, Welt Knit Collar and Cuffs 2 Button Plackets, Double Needle Bottom Hem W/Pocket. (S-XLG) Manufacturer Wearguard Gildan Gildan Port Authority Product/Style No.23470 G458 G458 K420P Standard Qty Order (12 - X each)47 23 23 36 Large Qty Order (Over X each)48 24 24 37 White:Standard Qty Price $13.99 $14.00 $14.10 $16.25 Large Qty Price $13.99 $13.50 $13.10 $15.95 Special Orders (1-11 each)$13.99 $18.00 $18.10 $16.75 Size 2X-3X $16.79 $1.50 $1.50 $19.25 Size 4X-5X $16.79 $2.00 $2.00 $22.00 Light Colors: Standard Qty Price $13.99 $14.50 $14.50 $16.25 Large Qty Price $13.99 $14.00 $13.50 $15.95 Special Orders (1-11 each)$13.99 $18.50 $18.50 $16.75 Size 2X-3X $16.79 $1.50 $1.50 $19.25 Size 4X-5X $16.79 $2.00 $2.00 $22.00 Dark Colors: Standard Qty Price $13.99 $15.00 $14.90 $16.25 Large Qty Price $13.99 $14.50 $13.90 $15.95 Special Orders (1-11 each)$13.99 $19.00 $18.90 $16.75 Size 2X-3X $16.79 $1.50 $1.50 $19.25 Size 4X-5X $16.79 $2.00 $2.25 $22.00 AVG ANNUAL STANDARD QTY PRICE $1,399.00 $1,450.00 $1,450.00 $1,625.00 AVG ANNUAL LARGE QTY PRICE $1,399.00 $1,400.00 $1,350.00 $1,595.00 16 100 Adult Sweat Shirt, Long Sleeve, Set-in Sleeves, Cotton/Lycra Ribbed Trim, Cover Seamed Armholes, neck and Waistband, Oversized Cut, (S-XLG) Manufacturer Wearguard Hanes Hanes Hanes Product/Style No.1285 F260 F260 F260 Weight 9 oz 10.02 10 Standard Qty Order (12 - X each)47 23 23 71 Large Qty Order (Over X each)48 24 24 72 White:Standard Qty Price $18.89 $10.65 $10.60 $9.00 Large Qty Price $18.89 $9.65 $9.60 $8.75 Special Orders (1-11 each)$18.89 $12.65 $12.60 $9.50 Size 2X-3X $22.39 $3.00 $2.50 $3.50 Size 4X-5X $22.89 n/a n/a $4.50 Light Colors: Standard Qty Price $18.89 $11.65 $11.65 $11.00 Large Qty Price $18.89 $10.65 $10.65 $10.75 Special Orders (1-11 each)$18.89 $13.65 $15.65 $11.50 Size 2X-3X $22.39 $3.00 $2.50 $3.50 Size 4X-5X $22.89 n/a n/a $4.50 Dark Colors: Standard Qty Price $18.89 $12.65 $12.70 $11.20 Large Qty Price $18.89 $11.65 $11.70 $10.95 Special Orders (1-11 each)$18.89 $14.65 $14.70 $11.70 Size 2X-3X $22.39 $3.00 $2.50 $3.50 Size 4X-5X $22.89 n/a n/a $4.50 AVG ANNUAL STANDARD QTY PRICE $1,889.00 $1,165.00 $1,165.00 $1,040.00 AVG ANNUAL LARGE QTY PRICE $1,889.00 $1,065.00 $1,065.00 $1,015.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 9 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 17 100 Short Sleeve Workwear Henley Midweight, Left Chest Pocket, Side Seamed Construction Manufacturer Carhart Carhart Carhart Carhart Product/Style No.23475 K-84 K-84 K-84 Standard Qty Order (12 - X each)47 23 23 71 Large Qty Order (Over X each)48 24 24 72 White:Standard Qty Price $16.09 $15.50 $15.55 $14.75 Large Qty Price $16.09 $14.50 $14.55 $14.50 Special Orders (1-11 each)$16.09 $16.50 $16.55 $15.22 Size 2X-3X $18.89 $1.25 $1.25 $16.50 Size 4X-5X $21.69 $2.50 $2.50 $17.50 Light Colors: Standard Qty Price $16.09 $15.50 $15.55 $14.75 Large Qty Price $16.09 $14.50 $14.55 $14.50 Special Orders (1-11 each)$16.09 $16.50 $16.55 $15.25 Size 2X-3X $18.89 $1.25 $1.25 $16.50 Size 4X-5X $21.69 $2.50 $2.50 $17.50 Dark Colors: Standard Qty Price $16.09 $15.50 $15.55 $14.75 Large Qty Price $16.09 $14.50 $14.55 $14.50 Special Orders (1-11 each)$16.09 $16.50 $16.55 15.25 Size 2X-3X $18.89 $1.25 $1.25 $16.50 Size 4X-5X $21.69 $2.50 $2.50 $17.50 AVG ANNUAL STANDARD QTY PRICE $1,609.00 $1,550.00 $1,555.00 $1,475.00 AVG ANNUAL LARGE QTY PRICE $1,609.00 $1,450.00 $1,455.00 $1,450.00 18 100 Short Sleeve Workwear Henley Midweight, Left Chest Pocket, Side Seamed Construction Manufacturer No Bid Carhart Carhart Carhart Product/Style No.K-87 K87 K-84 Standard Qty Order (12 - X each)23 23 71 Large Qty Order (Over X each)24 24 72 White:Standard Qty Price $14.50 $14.45 $14.75 Large Qty Price $13.50 $13.45 $14.50 Special Orders (1-11 each)$15.00 $15.45 $15.25 Size 2X-3X $1.00 $1.00 $16.50 Size 4X-5X $2.00 $2.00 $17.50 Light Colors: Standard Qty Price $14.50 $14.45 $14.75 Large Qty Price $13.50 $13.45 $14.50 Special Orders (1-11 each)$15.00 $15.45 $15.25 Size 2X-3X $1.00 $1.00 $16.50 Size 4X-5X $2.00 $2.00 $17.50 Dark Colors: Standard Qty Price $14.50 $14.45 $14.75 Large Qty Price $13.50 $13.45 $14.50 Special Orders (1-11 each)$15.00 15.45 15.25 Size 2X-3X $1.00 $1.00 $16.50 Size 4X-5X $2.00 $2.00 $17.50 AVG ANNUAL STANDARD QTY PRICE $1,450.00 $1,445.00 $1,475.00 AVG ANNUAL LARGE QTY PRICE $1,350.00 $1,345.00 $1,450.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 10 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 19 100 Ash Fiber Content 99% Cotton 1% Polyester Or Heather Grey 90% Cotton 10% Polyester 3- Button Closure, Left Chest Pocket, Side Seam Construction Manufacturer No Bid Carhart Carhart Carhart Product/Style No.K-84 K84 K-87 Standard Qty Order (12 - X each)23 23 71 Large Qty Order (Over X each)24 24 72 White:Standard Qty Price $15.50 $15.55 $11.50 Large Qty Price $14.50 $14.55 $11.30 Special Orders (1-11 each)$16.50 $16.55 $12.00 Size 2X-3X $1.25 $1.25 $13.50 Size 4X-5X $2.50 $2.50 $14.50 Light Colors: Standard Qty Price $15.50 $15.55 $11.50 Large Qty Price $14.50 $14.55 $11.30 Special Orders (1-11 each)$16.50 $16.55 $12.00 Size 2X-3X $1.25 $1.25 $13.50 Size 4X-5X $2.50 $2.50 $14.50 Dark Colors: Standard Qty Price $15.50 $15.55 $11.50 Large Qty Price $14.50 $14.55 $11.30 Special Orders (1-11 each)$16.50 $16.55 $12.00 Size 2X-3X $1.25 $1.25 $13.50 Size 4X-5X $2.50 $2.50 $14.50 AVG ANNUAL STANDARD QTY PRICE $1,550.00 $1,555.00 $1,150.00 AVG ANNUAL LARGE QTY PRICE $1,450.00 $1,455.00 $1,130.00 20 100 Long Sleeve Workwear Henley Left Chest Pocket, 3-Button Front Closure Manufacturer No Bid Carhart Carhart Carhart Product/Style No.K-128 K128 K128 Standard Qty Order (12 - X each)23 23 71 Large Qty Order (Over X each)24 24 72 White:Standard Qty Price $18.50 $18.49 $19.00 Large Qty Price $17.50 $17.49 $18.90 Special Orders (1-11 each)$19.50 $19.49 $19.50 Size 2X-3X $1.25 $1.25 $21.00 Size 4X-5X $2.50 $2.50 $22.00 Light Colors: Standard Qty Price $18.50 $18.49 $19.00 Large Qty Price $17.50 $17.49 $18.90 Special Orders (1-11 each)$19.50 $19.49 $19.50 Size 2X-3X $1.25 $1.25 $21.00 Size 4X-5X $2.50 $2.50 $22.00 Dark Colors: Standard Qty Price $18.50 $18.49 $19.00 Large Qty Price $17.50 $17.49 $18.90 Special Orders (1-11 each)$19.50 $19.49 $19.50 Size 2X-3X $1.25 $1.25 $21.00 Size 4X-5X $2.50 $2.50 $22.00 AVG ANNUAL STANDARD QTY PRICE $1,850.00 $1,849.00 $1,900.00 AVG ANNUAL LARGE QTY PRICE $1,750.00 $1,749.00 $1,890.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 11 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 21 100 Long Sleeve Workwear T-Shirt Left Chest Pocket, Crew Neck Manufacturer No Bid Carhart Carhart Carhart Product/Style No.K126 K126 K-126 Standard Qty Order (12 - X each)23 71 Large Qty Order (Over X each)24 72 White:Standard Qty Price $16.50 $16.49 $16.50 Large Qty Price $15.50 $15.49 $16.30 Special Orders (1-11 each)$17.50 $17.49 $17.00 Size 2X-3X $1.25 $1.25 $18.50 Size 4X-5X $2.50 $2.50 $19.50 Light Colors: Standard Qty Price $16.50 $16.49 $16.50 Large Qty Price $15.50 $15.49 $16.30 Special Orders (1-11 each)$17.50 $17.49 $17.00 Size 2X-3X $1.25 $1.25 $18.50 Size 4X-5X $2.50 $2.50 $19.50 Dark Colors: Standard Qty Price $16.50 $16.49 $16.50 Large Qty Price $15.50 $15.49 $16.30 Special Orders (1-11 each)$17.50 $17.49 17. Size 2X-3X $1.25 $1.25 $18.50 Size 4X-5X $2.50 $2.50 $19.50 AVG ANNUAL STANDARD QTY PRICE $1,650.00 $1,649.00 $1,650.00 AVG ANNUAL LARGE QTY PRICE $1,550.00 $1,549.00 $1,630.00 22 125 Short Sleeve Workshirt Henley Midweight, Left Chest Pocket, Side Seamed Construction Button down collar Manufacturer No Bid Van Heusen Van Heusen Van Heusen Product/Style No.55 13V0532 57850 Standard Qty Order (12 - X each)23 23 35 Large Qty Order (Over X each)24 24 36 White:Standard Qty Price $17.50 $17.60 $20.40 Large Qty Price $16.50 $16.60 $20.20 Special Orders (1-11 each)$18.50 $18.60 $20.90 Size 2X-3X $1.50 $1.50 $23.40 Size 4X-5X $2.00 $2.00 $25.40 Light Colors: Standard Qty Price $17.50 $17.60 $20.40 Large Qty Price $16.50 $16.60 $20.20 Special Orders (1-11 each)$18.50 $18.60 $20.90 Size 2X-3X $1.75 $1.50 $23.40 Size 4X-5X $2.25 $2.00 $25.40 Dark Colors: Standard Qty Price $17.50 $17.60 $20.40 Large Qty Price $16.50 $16.60 $20.20 Special Orders (1-11 each)$18.50 $18.60 $20.90 Size 2X-3X $2.50 $1.50 $23.40 Size 4X-5X $2.50 $2.00 $25.40 AVG ANNUAL STANDARD QTY PRICE $2,187.50 $2,200.00 $2,550.00 AVG ANNUAL LARGE QTY PRICE $2,062.50 $2,075.00 $2,525.00 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 12 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. 23 50 Long Sleeve Workshirt Henley Midweight, Left Chest Pocket, Side Seamed Construction Button down collar Manufacturer No Bid Van Heusen Van Heusen Van Heusen Product/Style No.45 13V0521 57800 Standard Qty Order (12 - X each)23 23 35 Large Qty Order (Over X each)24 24 36 White:Standard Qty Price $18.50 $18.35 $21.40 Large Qty Price $18.50 $18.35 $21.20 Special Orders (1-11 each)$19.00 $18.85 $21.90 Size 2X-3X $15.00 $1.50 $24.40 Size 4X-5X $2.00 $2.00 $25.40 Light Colors: Standard Qty Price $18.50 $18.35 $21.40 Large Qty Price $18.50 $18.35 $21.20 Special Orders (1-11 each)$19.50 $18.85 $21.90 Size 2X-3X $1.75 $1.50 $24.40 Size 4X-5X $2.25 $2.00 $25.40 Dark Colors: Standard Qty Price $18.50 $18.35 $21.40 Large Qty Price $18.50 $18.35 $21.20 Special Orders (1-11 each)$19.50 $18.85 21.90 Size 2X-3X $2.50 $1.50 $24.40 Size 4X-5X $2.50 $2.00 $25.40 AVG ANNUAL STANDARD QTY PRICE $925.00 $917.50 $1,070.00 AVG ANNUAL LARGE QTY PRICE $925.00 $917.50 $1,060.00 24 200 Adult Cap, Yupoong, 5-Panel Gold Cap, Constructed Fused Buckram Backing, Sewn Elelits, 1/4" Braided Cord, Matching underbill, Matching Plastic Fastener, 60% Cotton/40% Polyester Poplin, Navy Manufacturer Wearguard Yupoong Yupoong Product/Style No.9255 33-073 6003 6007 Standard Qty Order (12 - X each)71 71 36 Standard Qty Price $6.99 $2.95 $2.60 $4.35 Large Qty Order (Over X each)72 72 37 Large Qty Price $6.99 Special Orders (1-11 each)$3.95 $3.60 $4.95 ANNUAL STANDARD QTY PRICE $1,398.00 $590.00 $520.00 $870.00 25 280 Adult Cap, Yupoong Mesh Back Cap, Poplin Front Panel, Nylon Mesh Back, 1/4" Constructed Fused Buckram, Backing, Braided Cord, Matching Underbill, Matching Plastic Fasteneer, Navy Manufacturer No Bid Cobra Yupoong Yupoong Product/Style No.75A 6002 6008 Standard Qty Order (12 - X each)71 71 36 Standard Qty Price $2.30 $2.55 $3.75 Large Qty Order (Over X each)72 72 37 Large Qty Price Special Orders (1-11 each)$3.30 $3.55 $4.25 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 13 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. ANNUAL STANDARD QTY PRICE $0.00 $644.00 $714.00 $1,050.00 26 185 Richardson Pro Caps, Style 185, Youth, Navy, Youth: Small-Medium; Medium-Large, Cotton/Polyester Manufacturer No Bid Richardson Richardson Richardson Product/Style No.185 185 185 Standard Qty Order (12 - X each)23 36 Standard Qty Price $6.75 $6.80 $7.50 Large Qty Order (Over X each) Large Qty Price $6.80 Special Orders (1-11 each) ANNUAL STANDARD QTY PRICE $0.00 $1,248.75 $1,258.00 $1,387.50 27 120 Cobblestone Gamegear Shorts Manufacturer No Bid Cobblestone/ Gamegear GameGear Game Gear Product/Style No.647 6477 MP 6477 Standard Qty Order (12 - X each)23 36 Standard Qty Price $10.95 $10.90 $8.00 Large Qty Order (Over X each) Large Qty Price $37.00 Special Orders (1-11 each) ANNUAL STANDARD QTY PRICE $0.00 $1,314.00 $1,308.00 $960.00 $0.00 $10.00 $10.00 $10.00 $0.00 $50.00 $50.00 $20.00 $3.00 $3.35 $3.25 $2.50 $3.00 $3.75 $3.75 $2.50 $3.00 $4.50 $4.50 $2.50 $3.00 $5.00 $5.00 $2.50 $2.50 $3.50 $3.50 $1.50 $2.50 $3.50 $3.50 $2.50 $2.50 $3.50 $3.50 $1.50 $4.50 $0.50 $0.60 $3.00 $4.50 $0.75 $0.75 $3.50 $0.00 $20.00 $20.00 $20.00 $45.00 $0.00 $0.00 $0.00 One Location 1 Color $3.50 $0.80 $0.75 $0.85 2 Color $3.50 $1.20 $1.20 $1.05 3 Color $3.50 $1.60 $1.60 $1.25 4 Color $3.50 $2.00 $2.00 $1.45 5 Color $3.50 $2.40 $2.40 $1.65 6 Color $3.50 $2.00 $2.85 $1.85 Two Locations 1 Color $7.00 $1.60 $1.65 $1.70 2 Color $7.00 $2.00 $2.00 $2.10 3 Color $7.00 $2.25 $2.75 $2.50 4 Color $7.00 $3.50 $3.50 $2.90 5 Color $7.00 $4.00 $4.00 $3.30 6 Color $7.00 $4.50 $4.55 $3.70 2.5” – 3.5” Any Color Capital Block Lettering (Iron-On Type) Hourly Rate for Design/Artwork Preparation (Per Hour) 1” - 2” Any Color Capital Block Lettering (Iron-On Type) (Per Additional Charges: Silk-Screen Set-Up Fee – One Time Charge for Each New Embroidery Tape/Punch Fee - One Time Charge for Each Embroider City Logo – One Color, Non Filled Heart (Exhibit Embroider City Logo – Two Color, W/Filled Heart (Exhibit A) Embroider Logo - 5 color Embroider - 6 color Embroider Department Name (Up to 30 Letters) Embroider Employee Name (Up to 20 Letters) Embroider Employee Rank (Up to 20 Letters) Rush Order Charge, For Work Required Within Five (5) Screen Print Charge Per Order - Qty <200 City of College Station - Purchasing Division Bid Tabulation for No. 15-080 "Purchase of T-Shirts, Caps and Polos" Opened: Thursday September 3, 2013 Page 14 of 14 Aramark Uniform Services Monograms & More CC Creations Promotional Designs Inc. One Location 1 Color $2.50 $0.75 $0.70 $0.55 2 Color $2.50 $1.10 $1.10 $0.65 3 Color $2.50 $1.45 $1.45 $0.75 4 Color $2.50 $1.80 $1.80 $0.85 5 Color $2.50 $2.15 $2.15 $0.95 6 Color $2.50 $2.50 $2.55 $1.05 Two Locations 1 Color $5.00 $1.45 $1.40 $1.10 2 Color $5.00 $1.85 $1.85 $1.30 3 Color $5.00 $2.45 $2.45 $1.50 4 Color $5.00 $2.95 $2.95 $1.70 5 Color $5.00 $3.45 $3.45 $1.90 6 Color $5.00 $3.95 $4.00 $2.10 One Location 1 Color $1.50 $0.70 $0.65 $0.40 2 Color $1.50 $0.95 $0.95 $0.48 3 Color $1.50 $1.20 $1.20 $0.56 4 Color $1.50 $1.45 $1.45 $0.64 5 Color $1.50 $1.70 $1.70 $0.72 6 Color $1.50 $1.95 $2.00 $0.80 Two Locations 1 Color $3.00 $1.20 $1.15 $0.80 2 Color $3.00 $1.00 $1.60 $0.96 3 Color $3.00 $2.00 $2.00 $1.12 4 Color $3.00 $2.45 $2.45 $1.28 5 Color $3.00 $2.90 $2.90 $1.44 6 Color $3.00 $3.35 $3.40 $1.60 30% Wearguard brand only 20%20%20% $2.00 pack by person Special Mix PMS Color Fee $40.00/color Ink Change mid order 10.00/color 10-16 days 14 days 14 Days 7-10 Days FOR EVALUATION PURPOSES: $79,854.42 $79,859.83 $70,559.17 $68,983.42 $68,861.83 $68,359.17 NOTE: Bid submitted by Aramark Uniform Services is considered incomplete. Delivery Time (calendar days) TOTAL EST ANNUAL STANDARD QTY AVG PRICE TOTAL EST ANNUAL LARGE QTY AVG PRICE Screen Print Charge Per Order - Qty 200-499 Screen Print Charge Per Order - Qty 500+ Additional Charges Percentage Off of List Price for Items Not Included City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0566 Name:FY 16 Arts Council General & Fund HOT Funding Agreements Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on the Arts Council of the Brazos Valley budget, and; presentation, possible action and discussion on the FY 16 General Fund ($35,000) and hotel tax ($96,000) funding agreements for the Arts Council of the Brazos Valley. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Arts Council FY16 Budget.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on the Arts Council of the Brazos Valley budget, and; presentation, possible action and discussion on the FY 16 General Fund ($35,000) and hotel tax ($96,000) funding agreements for the Arts Council of the Brazos Valley. Recommendation(s):Staff recommends approval of the Arts Council budget and funding agreements for FY16. Summary: As part of the 2015-2016 budget process the City Council approved operations and maintenance funding for the Arts Council of Brazos Valley in the amount of $35,000 from the General Fund and $96,500 from the Hotel Tax Fund. The Arts Council takes a pro-active role in promoting, enhancing, sustaining, and elevating the visibility of the performing, visual, and communications arts. Operations and maintenance funding will enable the Arts Council to continue to provide a high level of service to the community. Budget & Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 General Fund budget and Hotel Tax Fund. A total of $105,500 will be paid for operations and maintenance. Up to $26,000 shall be paid for reimbursement of costs of the design, development and potential lease of a new joint facility with the Bryan College Station Convention and Visitors Bureau. Agency shall submit an invoice to the City requesting payment with receipts attached for reimbursement. State law requires that the City Council adopt the budget of any organization that is to be funded through Hotel Tax revenue. Attachments: 1.Arts Council of the Brazos Valley Budget 2.Arts Council of the Brazos Valley General Fund Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0566,Version:1 3.Arts Council of the Brazos Valley Hotel Tax Fund Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ Accrual Basis Arts Council of Brazos Valley Proposed Budget Overview October 2015 through September 2016 Oct '15 - Sep '16 Ordinary Income/Expense Income 430 · Contributed Income 431 · Membership Dues 38,000.00 432 · Fundraising Events 4321 · Anniversary Event 15,000.00 4322 · ACBV Events 14,500.00 4323 · Benchmarking Project 0.00 4324 · Celebrating the Arts 95,000.00 432 · Fundraising Events - Other 0.00 Total 432 · Fundraising Events 124,500.00 433 · Government Grants 4331 · College Station 35,000.00 4332 · College Station HOT 482,900.00 4333 · Bryan HOT 96,000.00 4334 · Brazos County 8,000.00 4335 · TCA 25,000.00 4336 · Navasota HOT 28,800.00 433 · Government Grants - Other 0.00 Total 433 · Government Grants 675,700.00 434 · Foundation & Trust Grants 3,000.00 430 · Contributed Income - Other 32,000.00 Total 430 · Contributed Income 873,200.00 440 · Program Service Revenue 31,500.00 450 · Other Revenue 451 · Investments 1,500.00 452 · Rentals 750.00 Total 450 · Other Revenue 2,250.00 46000 · Merchandise Sales 12,000.00 Total Income 918,950.00 Gross Profit 918,950.00 Expense 600 · Awards and Grants 601 · Awards & Grants-Organizations 416,400.00 602 · Awards & Grants-Individuals 11,800.00 Total 600 · Awards and Grants 428,200.00 610 · Salaries and Related Expenses 611 · Salaries & Wages 164,515.95 612 · IRA Employer Contributions 5,295.48 613 · Employee Benefits-not pension 21,120.00 Accrual Basis Arts Council of Brazos Valley Proposed Budget Overview October 2015 through September 2016 614 · Payroll taxes & fees 16,521.89 610 · Salaries and Related Expenses - Other 12,000.00 Total 610 · Salaries and Related Expenses 219,453.32 620 · Fees for Services 621 · Accounting Fees 10,000.00 622 · Legal Fees 1,000.00 Total 620 · Fees for Services 11,000.00 630 · Advertising, Printing, Promo.65,000.00 631 · Programs 6311 · Reflections of Special Olympic 1,500.00 6312 · ART for Life 11,000.00 6313 · Texas Gallery 6,000.00 6314 · School Programs/Classes 8,500.00 6315 · Community Festivals 7,900.00 6316 · Public Art 12,000.00 631 · Programs - Other 7,500.00 Total 631 · Programs 54,400.00 632 · Fundraising 6321 · Anniversary Event 8,000.00 6322 · ACBV Events 6,000.00 6323 · Benchmarking Project 0.00 6324 · Celebrating the Arts 25,000.00 632 · Fundraising - Other 600.00 Total 632 · Fundraising 39,600.00 640 · Office Expenses 641 · Postage, Mailing Service 800.00 640 · Office Expenses - Other 2,050.00 Total 640 · Office Expenses 2,850.00 650 · Information Technology 3,500.00 660 · Occupancy 661 · Facilities & Equipment Rental 2,500.00 668 · Building Rent 30,000.00 669 · Construction 30,000.00 Total 660 · Occupancy 62,500.00 670 · Travel 671 · Travel & In-Region Mileage 1,800.00 670 · Travel - Other 0.00 Total 670 · Travel 1,800.00 680 · Insurance 5,900.00 690 · Other expenses 691 · Bank Charges 600.00 Accrual Basis Arts Council of Brazos Valley Proposed Budget Overview October 2015 through September 2016 692 · Credit Card Charges 2,507.56 694 · Memberships and Dues 1,800.00 695 · Training & Development 6,000.00 697 · Artist Commission 9,900.00 699 · Other Costs 1,200.00 690 · Other expenses - Other 0.00 Total 690 · Other expenses 22,007.56 Total Expense 916,210.88 Net Ordinary Income 2,739.12 Net Income 2,739.12 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0567 Name:FY16 Chamber of Commerce HOT Funding Agreement Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on the Bryan/College Station Chamber of Commerce budget and presentation, possible action and discussion on a FY 16 hotel tax funding agreement for $25,000 with the Bryan/College Station Chamber of Commerce. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Chamber of Commerce FY16 Budget.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on the Bryan/College Station Chamber of Commerce budget and presentation,possible action and discussion on a FY 16 hotel tax funding agreement for $25,000 with the Bryan/College Station Chamber of Commerce. Recommendation(s):Staff recommends approval of the Bryan/College Station Chamber of Commerce budget and the funding agreement for FY16. Summary:As part of the 2015-2016 budget process the City Council approved funding for the Bryan/College Station Chamber of Commerce in the amount of $25,000 from the Hotel Occupancy Tax Fund. The Chamber of Commerce continues to promote,advocate and refer the City of College Station as tourism,sporting event and meeting place destination through numerous media sources,radio,television and print.Chamber staff also travels to other areas of the state to promote College Station and the many meetings, activities and events held annually within the community. Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Hotel Tax Fund budget.A total of $25,000 will be used to offset a portion of the costs of the annual Economic Outlook Conference,and the Annual Chamber of Commerce banquet which are held at a local hotel and conference center. State law requires that the City Council adopt the budget of any organization that is to be funded through the Hotel Occupancy Tax funds. Attachments: 1.Bryan/College Station Chamber of Commerce Budget 2.Bryan/College Station Chamber of Commerce HOT Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0568 Name:FY16 Noon Lions Club General Fund Funding Agreement Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on a FY16 General Fund funding agreement for $15,000 with the College Station Noon Lions Club. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion on a FY16 General Fund funding agreement for $15,000 with the College Station Noon Lions Club. Recommendation(s):Staff recommends approval of the funding agreement. Summary: As part of the 2015-2016 budget process the City Council approved funding for College Station Noon Lions Club in the amount of $15,000. Budget & Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 General Fund for the total amount of $15,000. The appropriated funds shall be used to provide the “I Love America” Fourth of July Celebration at the George Bush Presidential Library and Museum. Attachments: 1.College Station Noon Lions Club (General Fund) Funding Agreement (Available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0569 Name:FY16 BV CVB HOT Funding Agreement Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY16 in the amount of $1,727,855. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:CVB Budget FY16 revised.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY16 in the amount of $1,727,855. Recommendation(s):Staff recommends approval of the CVB budget and the funding agreement for FY16. Summary:As part of the 2015-2016 budget process the City Council approved funding for the Brazos Valley Convention and Visitors Bureau in the amount of $1,727,855.This is for marketing and operational activities directly associated with the promotion of tourism and the hotel industry in College Station by the CVB. Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Hotel Tax Fund budget.A total of $1,697,855 is to be used for marketing and operational activities directly associated with the promotion of tourism and the hotel industry in College Station. Up to $30,000 shall be paid for reimbursement of legal and architect fees associated with a new joint facility with the Arts Council of the Brazos Valley.Agency shall submit an invoice to the City requesting payment with receipts attached for reimbursement. State law requires that the City Council adopt the budget of any organization that is to be funded through the Hotel Occupancy Tax funds. Attachments: 1.CVB Budget 2.CVB Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0570 Name:FY16 BV CVB HOT Grant Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau (CVB) for FY16 in the amount of $350,000 to administer the CVB Grant Program. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau (CVB)for FY16 in the amount of $350,000 to administer the CVB Grant Program. Recommendation(s):Staff recommends approval of the CVB Grant Program funding agreement for FY16. Summary:As part of the 2015-2016 budget process the City Council approved funding for the Brazos Valley Convention and Visitors Bureau in the amount of $350,000.This agreement will allow the CVB to administer the grant program to sub-recipients. Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Hotel Tax Fund budget.A total of $350,000 is to be used to fund event grants that will promote tourism and the hotel industry in College Station. State law requires that the City Council adopt the budget of any organization that is to be funded through the Hotel Occupancy Tax funds.The CVB budget was presented for approval with the CVB funding agreement consent agenda item. Attachments: 1.CVB Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0571 Name:FY16 Animal Shelter Services Resolution Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on a resolution authorizing the expense of $205,000 the Aggieland Humane Society, Inc., for animal shelter services. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Animal Shelter Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution authorizing the expense of $205,000 the Aggieland Humane Society, Inc., for animal shelter services. Relationship to Strategic Goals:(Select all that apply) 1.Core Services and Infrastructure Recommendation(s):Staff recommends approval of the resolution funding in the amount of $205,000 to the Aggieland Humane Society, Inc. Summary:On September 21, 2015 Council approved the FY16 budget, which included funding for the Aggieland Humane Society, Inc. An Animal Shelter Services Agreement for services provided by the Aggieland Humane Society, Inc. was approved on September 26, 2013. The FY16 funding level is based on the animal shelter determination of the estimated cost to the City of College Station for providing the contracted services. The level of funding for FY 16 is the same as FY 15. Budget & Financial Summary:Funds are available and budgeted in the General Fund for this agreement in the amount of $205,000. Payments are made in 11 equal installments of $17,083.33 and a twelfth installment of $17,083.37. Attachments: 1.Resolution College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ RESOLUTION NO.___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS AUTHORIZING ANNUAL EXPENDITURE TO THE AGGIELAND HUMANE SOCIETY, INC. FOR ANIMAL SHELTER SERVICES PROVIDED TO THE CITY OF COLLEGE STATION BY THE AGGIELAND HUMANE SOCIETY, INC. WHEREAS the City of College Station entered into an Agreement for Animal Shelter Services with the Aggieland Humane Society, Inc. on September 26, 2013 with contract no. 14-011. WHEREAS Article 5 of the Agreement states the City shall pay an Annual Payment for Animal Shelter Services that will be adjusted annually; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council authorizes expenditures for Fiscal Year 2015-2016 in the amount of $205,000.00, payable in eleven equal installments of $17,083.33 and a twelfth installment of $17,083.37. PART 2: That funds are budgeted and available in the Fiscal Year 2015-2016 General Fund Approved Budget. PART 3: That this resolution is effective for the 2015-2016 Fiscal Year from October 1, 2015 – September 30, 2016. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 8th day of September, 2015. ATTEST: APPROVED: ______________________________ ____________________________ City Secretary Mayor APPROVED: ______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0572 Name:FY16 Keep Brazos Beautiful Sanitation Fund Funding Agreement Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on the FY16 sanitation fund funding agreement for $56,690 with Keep Brazos Beautiful. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion on the FY16 sanitation fund funding agreement for $56,690 with Keep Brazos Beautiful. Recommendation(s):Staff recommends approval of the funding agreement. Summary: As part of the 2015-2016 budget process the City Council approved funding for Keep Brazos Beautiful in the amount of $56,690. Budget & Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Sanitation Fund: $37,450 is to be used for the operations and maintenance, and $19,240 is to be used for community enhancement grants, projects and events administered by Keep Brazos Beautiful, such as their Annual Awards Gala, the Don’t Mess With Texas Trash-Off and other public landscape and litter-abatement projects. Attachments: 1.Keep Brazos Beautiful (Sanitation Fund) Funding Agreement (Available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0573 Name:FY16 RVP General Fund Funding Agreement Status:Type:Presentation Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on the FY16 general fund funding agreement for $350,000 with Research Valley Partnership (RVP). Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion on the FY16 general fund funding agreement for $350,000 with Research Valley Partnership (RVP). Recommendation(s):Staff recommends approval of the RVP funding agreement. Summary:As part of the 2015-2016 budget process the City Council approved funding for the Research Valley Partnership in the amount of $350,000.This funding is for the provision of economic development services for the area. Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 General Fund in the total amount of $350,000.These funds are for the operations and maintenance of the Research Valley Partnership in FY16. Attachments: 1.Research Valley Partnership (General Fund) Funding Agreement (available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0574 Name:FY16 Veterans Memorial HOT Funding Agreement Status:Type:Minutes Consent Agenda File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on approving the Memorial for all Veterans of the Brazos Valley budget and presentation, discussion and possible action on a FY16 hotel tax funding agreement for $25,000 with Memorial for All Veterans of the Brazos Valley. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Veterans Memorial FY16 Budget.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving the Memorial for all Veterans of the Brazos Valley budget and presentation, discussion and possible action on a FY16 hotel tax funding agreement for $25,000 with Memorial for All Veterans of the Brazos Valley. Recommendation(s):Staff recommends approval of the Memorial for All Veterans of the Brazos Valley budget and the funding agreement for FY16. Summary: As part of the 2015-2016 budget process the City Council approved funding for the Memorial for All Veterans of the Brazos Valley in the amount of $25,000 for the funding and design of the Indian War Memorial along the Lynn Stuart Pathway at Veterans Park. Budget & Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Hotel Tax Fund budget. State law requires that the City Council approve the budget of any organization that is to be funded through the Hotel Tax. Attachments: 1.The Memorial for All Veterans of the Brazos Valley FY16 Budget 2.The Memorial for All Veterans of the Brazos Valley FY16 HOT Funding Agreement (Available in City Secretary’s Office) College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™ Base Budget Indian War Memorial Project Budget Budget Request Brazos County Budget Request City of Bryan Budget Request City of College Station Private Donations Project Total Buffalo Soldier with Saddle Indian Guide Site Work and Installation Project Total $25,000 $25,000 $25,000 $5,000 $80,000 $45,000 $30,000 $5 ,000 $80,000 Pending Approval Pend i ng Approval Pending Approval City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0582 Name:HOME CHDO Set-Aside Grant Fund Agreement (Elder-Aid) Status:Type:Agreement Consent Agenda File created:In control:9/24/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Community Housing Development Organization (CHDO) Set-Aside funds with Elder-Aid, Inc. in the amount of $159,598 for acquisition and rehabilitation of two (2) existing dwelling units to be used as affordable rental housing for income-eligible elderly households. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1 - Contract.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract for the grant of federal HOME Community Housing Development Organization (CHDO)Set-Aside funds with Elder-Aid,Inc.in the amount of $159,598 for acquisition and rehabilitation of two (2)existing dwelling units to be used as affordable rental housing for income-eligible elderly households. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary: The federal HOME program provides assistance to income qualified persons by funding a variety of affordable housing activities. The City is required by the U. S. Department of Housing and Urban Development (HUD) to make at least 15% of each year’s HOME grant allocation available for non- profit agencies that meet the definition of a Community Housing Development Organization (CHDO). CHDO’s must have, as one of their goals, the provision of affordable housing. They must also have a board make-up that comply with the HOME Program requirements. The 15% set-aside funds may be used for most HOME eligible activities. The HOME grant provides the flexibility to exceed the 15% requirement if eligible, feasible projects are proposed that address the community needs. Affordable senior housing has been identified as a HIGH priority need in the Consolidated Plan. College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0582,Version:1 Elder-Aid, Inc. was certified by the City as an eligible CHDO in May 2015 to allow the organization to expand their mission of serving the elderly into College Station. They have demonstrated capacity as a CHDO for the City of Bryan since 1998, where they have received HOME funds to construct eighteen (18) single-family homes restricted for rental to elderly households. Elder-Aid submitted a proposal to acquire and rehabilitate two (2) existing dwelling units for use as affordable rental units for income-eligible, elderly households. The dwelling units consist of a duplex located on Normand. Budget & Financial Summary: These funds are available in the FY 2015 HOME budget. Attachments: Attachment 1: Contract and Grant for HOME Programs College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0585 Name:Cayenta Change Order #2 Status:Type:Change Order Consent Agenda File created:In control:9/25/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion on approving a Change Order to the “Cayenta Software Implementation Services Agreement” between the City of College Station and N. Harris Computer Corporation (dba Cayenta). This Change Order will increase the contract by $76,800 for a new total of $711,752. Sponsors:Ben Roper Indexes: Code sections: Attachments:CSTX - CO-002 - Project Extension v0.7.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving a Change Order to the “Cayenta Software Implementation Services Agreement” between the City of College Station and N. Harris Computer Corporation (dba Cayenta). This Change Order will increase the contract by $76,800 for a new total of $711,752. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the change order. Summary:On August 25,2014,Council approved contracts with N.Harris Computer Corporation for implementation of a Work Management System (WMS)as part of the overall ERP Replacement Project.During project implementation,the availability of staff resources and complexities associated with the overall project necessitated the need to change the schedule for the WMS.The schedule change increases the implementation period by 46%and adds Cayenta project management and consultant resources to meet revised schedule requirements. Budget & Financial Summary: Funding for this Change Order is available in contingency funds within the Capital Improvement Plan Budget, ERP Replacement Project, CO 1204. Attachments: Change Order #2 College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0585,Version:1 College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ Cayenta, a Division of Harris Computer Systems Contract No._________ 1 of 8 Change Order #002 City of College Station – Cayenta WMS Implementation Change Order #002 Title Cayenta W ork Management System (WMS) Implementation Project Extension Background and Justification This change order documents the change in Cayenta Work Management schedule and effort for a new target Go-live of April 25, 2016 with the project duration increasing to 19 months. This Change Order also de-scopes Modifications that the CITY has identified as not required. This Change Order and Amendment to Software License ("Change Order") is made by and between Cayenta, a Division of N. Harris Computer Corporation and The City of College Station and relates to that certain Software License, Implementation and Support and Maintenance Agreement ("License Agreement") made effective as of 26th day of August 2014 and the Statement of Work thereunder. Contact and General Information City of College Station Cayenta Contact Jeff Kersten Bill Stephen Email jkersten@cstx.gov bstephen@cayenta.com Date Aug 18, 2015 Product Cayenta Work Management System Project Extension Costs The project extension to the revised April 25th 2016 Go Live will result in the following additional costs to the project. Rationale - Remaining project effort from August 2015 onwards has been split out across the rest of the project - Effort expended in May, June and July has been excluded from these calculations Cayenta, a Division of Harris Computer Systems Contract No._________ 2 of 8 Change Order #002 - The initial 80 hour per month Consulting effort for the 4 month consulting effort has been reduced to 40 hours per month. - The additional BI workshop to complete the conversion activities will be handled remotely and is included in the existing project budget - The Project Management effort has been extended by six months at 0.4 FTE assignment to reflect the additional effort between December and June - The Project Management effort has been factored up by 0.1 FTE assignment for the months of October and November to reflect the PM effort for these months - The increase to the extension costs is reduced by the CITY’s desire to revise the resourcing assignment on the project of the HARRIS team and take on Primary Ownership of the following activities o Integration Test Planning and Execution  HARRIS will provide necessary guidance and Caystone assistance  THE CITY will define a team responsible for primary support of the testing phase to triage issues prior to escalation to the HARRIS team if needed  HARRIS will provide necessary Incident triage guidance to support the CITY team and assist in escalation of issues the CITY is not able to resolve o Daily Operations Test Planning and Execution  HARRIS will provide necessary guidance and Caystone assistance  THE CITY will define a team responsible for primary support of the testing phase to triage issues prior to escalation to the HARRIS team if needed  HARRIS will provide necessary Incident triage guidance to support the CITY team and assist in escalation of issues the CITY is not able to resolve o Training Planning and Execution  HARRIS will provide the necessary training templates as outlined in the Statement of Work for the CITY to customize as needed  THE CITY will lead the training phase in a classroom environment suitable to the CITY needs. The costs reflected in the table below reflect the rationale detailed above. The CITY has elected to de- scope three modifications adding $25,200 to the project contingency fund, allocated to the additional change order cost reducing the CITY responsibility to $76,800. Table 1 – Change Order Costs Cost Activity $ 81,600.00 Project Management (6 Months Extension at 0.4, 2 Months increase from 0.3 to 0.4) $ 13,600.00 50 % Consulting Extension (reduced to 20 hours/week) $ 6,800.00 50% BI Extension (reduced to 20 hours/week) $ - Conversion Workshop 2 - Zero Cost $ 102,000.00 Revised CSTX Responsibility $ (25,200.00) Credit for Mods To De-scope $ 76,800.00 Added Cost to CSTX (With mods FM.107, FAC.67 ad GT.144 de-scoped) Cayenta, a Division of Harris Computer Systems Contract No._________ 3 of 8 Change Order #002 Table 2 De-Scoped Modifications Value Requirement $ 7,000.00 FM.107 The system has the ability to allow the schedule to be viewed by employees outside of Equipment Services (e.g., Police Supervisors to view upcoming fleet activities). $ 14,000.00 FAC.67 The system has the ability to provide Gantt updates in real-time to reflect actual completion time and if shorter or longer than forecast duration, update resource availability accordingly $ 4,200.00 GT.144 The system has the ability to re-route workflow assignments based on availability triggered by unavailable status $ 25,200.00 Sub Total Hours Banked Description of Change Request Table A – Listing of Existing Invoiced Milestones PHASE DESCRIPTION Previous Date Actual Date DOLLARS RETAINAGE Invoice # Invoice Amount Monthly-01 WMS Project Management N/A 14-Oct-14 $ 14,000.00 $ 2,800.00 CT020227 $11,200.00 Monthly-02 WMS Project Management N/A 14-Nov-14 $ 14,000.00 $ 2,800.00 CT020228 $ 11,200.00 Monthly-03 WMS Project Management N/A 14-Dec-14 $ 14,000.00 $ 2,800.00 CT020690 $ 11,200.00 Monthly-04 WMS Project Management N/A 15-Jan-15 $ 14,000.00 $ 2,800.00 CT020983 $ 11,200.00 Monthly-05 WMS Project Management N/A 15-Feb-14 $ 14,000.00 $ 2,800.00 CT021545 $ 11,200.00 Monthly-06 WMS Project Management N/A 15-Mar-15 $ 14,000.00 $ 2,800.00 CT021848 $ 11,200.00 Monthly-07 WMS Project Management N/A 15-Apr-15 $ 14,000.00 $ 2,800.00 CT022274 $ 11,200.00 Monthly-08 WMS Project Management N/A 15-May-15 $ 14,000.00 $ 2,800.00 CT022728 $ 11,200.00 Monthly-09 WMS Project Management N/A 15-Jun-15 $ 14,000.00 $ 2,800.00 CT023196 $ 11,200.00 Monthly-10 WMS Project Management N/A 15-Jul-15 $ 14,000.00 $ 2,800.00 CT024120 $ 11,200.00 MP-100 WMS Project Planning & PMO N/A 14-Oct-14 $ 13,552.00 $ 2,710.00 CT020984 $ 10,842.00 Cayenta, a Division of Harris Computer Systems Contract No._________ 4 of 8 Change Order #002 Setup MP-101 WM Discovery Complete N/A 15-Jan-15 $ 48,000.00 $ 9,600.00 CT021849 $ 38,400.00 MP-102 WM Discovery Documents Delivered N/A 15-Jan-15 $ 5,000.00 $ 1,000.00 CT021850 $ 4,000.00 MP-103 WM Initial Configuration Complete N/A 15-Jan-15 $ 20,000.00 $ 4,000.00 CT023197 $ 16,000.00 MP-104 WM Functional Test Plan Delivered N/A 15-Feb-15 $ 5,000.00 $ 1,000.00 CT023198 $ 4,000.00 Subtotal Holdback to Date $ 46,310.00 Subtotal Invoice Amount to Date $185,242.00 Table B – Adjusted remaining milestones PHASE DESCRIPTION Previous Date Planned Date DOLLARS RETAINAGE Invoice # Invoice Amount Monthly-11 Project Management N/A 31-Aug-15 $ 14,000.00 $ 2,800.00 $ 11,200.00 Monthly-12 Project Management N/A 30-Sep-15 $ 14,000.00 $ 2,800.00 $ 11,200.00 MP-109A WM Data Conversion Workshop 1 Delivered (completed and will be invoiced with signed change order) N/A 31-May-15 $ 5,000.00 $ 1,000.00 $ 4,000.00 MP-109B WM Data Conversion Workshop 2 and Plan Delivered N/A 30-Sep-15 $ 10,000.00 $ 2,000.00 $ 8,000.00 MP-105A WM Primary Functional Testing Wk 1 & Wk 2 Complete N/A 31-Aug-15 $ 10,000.00 $ 2,000.00 $ 8,000.00 MP-105B WM All Primary Functional Testing Complete N/A 31-Aug-15 $ 10,000.00 $ 2,000.00 $ 8,000.00 MP-106 WM Modification BRDs Delivered 30-Apr-15 30-Sep-15 $ 2,400.00 $ 480.00 $ 1,920.00 MP-108 WM Reporting Workshop and Plan Delivered 31-May-15 30-Sep-15 $ 8,000.00 $ 1,600.00 $ 6,400.00 MP-110 WM Secondary Functional Testing Complete 30-Jun-15 30-Sep-15 $ 25,000.00 $ 5,000.00 $ 20,000.00 MP-111 WM Modification FRDs Delivered 30-Apr-15 30-Sep-15 $ 2,400.00 $ 480.00 $ 1,920.00 MP-112A WM Interfaces FDD (Specs and BRD) Group 1 Delivered N/A 31-Aug-15 $ 8,000.00 $ 1,600.00 $ 6,400.00 Cayenta, a Division of Harris Computer Systems Contract No._________ 5 of 8 Change Order #002 MP-112B WM Interfaces FDD (Specs and BRD) Group 2 Delivered N/A 30-Sep-15 $ 8,000.00 $ 1,600.00 $ 6,400.00 MP-114 WM Modifications Delivered 31-Jul-15 31-Oct-15 $ 6,000.00 $ 1,200.00 $ 4,800.00 MP-115A WM Interfaces Group 1 Delivered N/A 30-Sep-15 $ 10,000.00 $ 2,000.00 $ 8,000.00 MP-115B WM Interfaces Group 2 Delivered N/A 31-Oct-15 $ 10,000.00 $ 2,000.00 $ 8,000.00 MP-116 WM Reports and Portals Delivered 31-Jul-15 31-Oct-15 $ 22,500.00 $ 4,500.00 $ 18,000.00 MP-113 WM Integrated Test Plan Delivered 31-Aug-15 31-Dec-15 $ 5,000.00 $ 1,000.00 $ 4,000.00 MP-117 WM Full Integrated Testing Complete 31-Oct-15 31-Jan-16 $ 30,000.00 $ 6,000.00 $ 24,000.00 MP-124A MWM Functional Testing Complete N/A 31-Oct-15 $ 12,500.00 $ 2,500.00 $ 10,000.00 MP-124B MWM Integration Testing Complete N/A 29-Feb-16 $ 22,500.00 $ 4,500.00 $ 18,000.00 MP-118 WM Daily Ops Testing Complete 31-Oct-15 29-Feb-16 $ 15,000.00 $ 3,000.00 $ 12,000.00 MP-119A WM Train the Trainer Complete N/A 29-Feb-16 $ 12,500.00 $ 2,500.00 $ 10,000.00 MP-119B WM End-user Training Complete N/A 31-Mar-16 $ 12,500.00 $ 2,500.00 $ 10,000.00 MP-120 WM Readiness and Cut-over Planning Complete 30-Nov-15 31-Mar-16 $ 5,000.00 $ 1,000.00 $ 4,000.00 MP-121 WM Go-live 30-Nov-15 30-Apr-16 $ (25,000.00) $ 25,000.00 MP-122 WM Post Go-live Transition Period 31-Dec-15 31-May-16 $ (25,000.00) $ 25,000.00 MP-123 WM System Acceptance (with holdback reduction for de-scoped mods) 29-Feb-16 30-Jun-16 $ (52,370.00) $ 52,370.00 $ - $ 326,610.00 Table C – Listing of additional milestones Monthly 13 WMS Project Management (CO- 002) N/A 31-Oct-15 $ 13,600.00 $ 2,720.00 $10,880.00 Monthly 14 WMS Project Management (CO- 002) N/A 30-Nov-15 $ 13,600.00 $ 2,720.00 $ 10,880.00 Monthly 15 WMS Project Management (CO- 002) N/A 31-Dec-15 $ 13,600.00 $ 2,720.00 $ 10,880.00 Monthly 16 WMS Project Management (CO- 002) N/A 31-Jan-16 $ 13,600.00 $ 2,720.00 $ 10,880.00 Monthly 17 WMS Project Management (CO- 002) N/A 28-Feb-16 $ 13,600.00 $ 2,720.00 $ 0,880.00 Monthly 18 WMS Project Management (CO- 002) N/A 31-Mar-16 $ 13,600.00 $ 2,720.00 $10,880.00 Cayenta, a Division of Harris Computer Systems Contract No._________ 6 of 8 Change Order #002 MP-125 WM Application Consultant Extension – June (CO-002) N/A 30-Jun-15 $ 3,400.00 $ 680.00 $ 2,720.00 MP-126 WM Application Consultant Extension – July (CO-002) N/A 31-Jul-15 $ 3,400.00 $ 680.00 $ 2,720.00 MP-127 WM Application Consultant Extension - August (CO-002) N/A 31-Aug-15 $ 3,400.00 $ 680.00 $ 2,720.00 MP-128 WM Application Consultant Extension - September (CO- 002) N/A 30-Sep-15 $ 3,400.00 $ 680.00 $ 2,720.00 MP-129 WM BI Integration Consultant Extension - June (CO-002) N/A 30-Jun-15 $ 1,700.00 $ 340.00 $ 1,360.00 MP-130 WM BI Integration Consultant Extension - July (CO-002) N/A 31-Jul-15 $ 1,700.00 $ 340.00 $ 1,360.00 MP-131 WM BI Integration Consultant Extension - August (CO-002) N/A 31-Aug-15 $ 1,700.00 $ 340.00 $ 1,360.00 MP-132 WM BI Integration Consultant Extension - September (CO- 002) N/A 30-Sep-15 $ 1,700.00 $ 340.00 $ 1,360.00 MP-133 WM System Acceptance (CO- 002 Additional MP's) N/A 30-Jun-16 $ (20,400.00) $ 20,400.00 $ - $ 102,000.00 Invoiced Original Contract Milestones $ 185,242.00 Revised Remaining Original Contract Milestones $ 326,610.00 Additional Milestones for Extension $ 102,000.00 Total Service Contract Value $ 613,852.00 Remaining License Milestone $ 38,208.00 Cayenta, a Division of Harris Computer Systems Contract No._________ 7 of 8 Change Order #002 Project Impact Budget The total budget will increase by $76,800. Note: The project duration increased by 46% from the original statement of work while the budget increase was held to 14%. Payment Milestones This change order replaces in whole the existing milestones listed in previous contract schedules. Resources The number of City resources will stay the same. Note: The City is being provided with an estimate from Cayenta for planning purposes. Schedule The Go-live date will be extended to April 25, 2016. Risk Low (increase in project duration and project effort but not in project scope) Attachments: None Cayenta, a Division of Harris Computer Systems Contract No._________ 8 of 8 Change Order #002 Approval Net Amount of Change Order $76,800 City Manager Date City Attorney Date Assistiant City Manager/CFO Date Scott MacKendrick V.P., Professional Services Date Milestones indicated with an Invoice date prior to the execution date of this change order will be invoiced upon return of the signed Change Order.The remaining fees shall be invoiced after delivery of goods and services and due thirty (30) days from the date of invoice.Your signature serves as an acceptance of the “Amount” listed above as it relates to the description of work contained in this Change Order. Your signature also indicates you have reviewed and agree to the scope of work as detailed in any accompanying enclosures or attachments. This signed document indicates that you have provided all of the accurate information necessary to produce the work as stated in the above Change Order. Internal Use Only Customer # Application # Originated by # PO# 0000000 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0560 Name:Mobile Food Court Ordinance Amendments Status:Type:Ordinance Agenda Ready File created:In control:9/20/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 4, “Business Regulations,” Section 4-20 “Mobile Food Vendors,” and Chapter 12, “Unified Development Ordinance,” Article 6 “Use Regulations,” Section 12-6.3 “Types of Use,” and Section 12-6.4 “Specific Use Standards” of the Code of Ordinances of the City of College Station, Texas, regarding mobile food vendors and mobile food courts. Sponsors:Molly Hitchcock Indexes: Code sections: Attachments:MFV Ordinance 9-25-15.pdf DRAFT Redline Sec. 4.20 MFV.pdf DRAFT Redline Section 6.3 Types of Use.pdf DRAFT RedlineSection 6.4 Specific Use Standards.pdf Action ByDate Action ResultVer. Public Hearing,presentation,possible action,and discussion regarding an amendment to Chapter 4, “Business Regulations,”Section 4-20 “Mobile Food Vendors,”and Chapter 12,“Unified Development Ordinance,”Article 6 “Use Regulations,”Section 12-6.3 “Types of Use,”and Section 12-6.4 “Specific Use Standards”of the Code of Ordinances of the City of College Station,Texas,regarding mobile food vendors and mobile food courts. Relationship to Strategic Goals:Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission will consider this item at their October 1, 2015 meeting. Their recommendation will be available at the City Council meeting. Staff recommends approval of the amendments. Summary:With the growth of the mobile food industry, a local food vendor requested a way to establish a mobile food vendor court in College Station. While food trucks may currently congregate at sales locations in certain circumstances, the request was made to allow for a food court that could provide customer amenities such as seating and a playground, and provide a predictable operating location for mobile food vendors and their customers. At the direction of City Council, City staff has drafted ordinance amendments to the Code of Ordinances to allow interested parties the opportunity to pursue the development and operation of mobile food courts in College Station via the conditional use permit process. Input on the ordinances was solicited from local mobile food vendors, the Brazos County Restaurant Association, the Northgate Business Association, and the Brazos County Health Department. College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0560,Version:1 The draft amendments allow for the pursuit of two different types of mobile food courts: short- and long-term. A short-term mobile food court (two years maximum) would be allowed to provide some customer amenities with the least amount of development required. Because of the temporary nature of a short-term court, it would not involve breaking ground or providing a level of development that could not be easily reversed overnight. A long-term mobile food court would be a permanently located business, allowed to provide the most amenities, and developed according to standards similar to those of brick-and-mortar restaurants. Both short-and long-term mobile food courts would not be allowed to develop by right, but would require permission to develop from the City Council through the Conditional Use Permit and site planning process. This process would allow the City Council, with the recommendation of the Planning and Zoning Commission, to consider site-specific mobile food court proposals and permit an individual request for a mobile food court, deny the request, or allow the use and site development with conditions intended to mitigate related concerns. In addition, the amendments remove the daily time restriction for all mobile food vendors in Northgate so that they may remain at their permitted locations throughout the day (operating hours for mobile food vendors are from 5 a.m. to 2 a.m.). Through the mobile food court conditional use permit process, the P&Z and City Council would be able to consider allowing vendors in a mobile food court to remain open until 3 a.m. Budget & Financial Summary:N/A Attachments: 1. Redlined Section 4.20 Mobile Food Vendors 2. Redlined Section 6.3 Types of Use 3. Redlined Section 6.4 Specific Use Standards 4. Ordinance College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS,” SECTION 4-20 “MOBILE FOOD VENDORS,” AND CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 6 “USE REGULATIONS,” SECTION 6.3 “TYPES OF USE” SECTION C “USE TABLE,” AND CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 6 “USE REGULATIONS” SECTION 6.4 “SPECIFIC USE STANDARDS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, REGARDING MOBILE FOOD VENDORS AND MOBILE FOOD COURTS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, “Business Regulations” and Chapter 12, “Unified Development Ordinance,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, and Exhibit “C” attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No. Page 2 of 13 PASSED, ADOPTED and APPROVED this 8th day of October, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No. Page 3 of 13 EXHIBIT “A” That Chapter 4, “Business Regulations,” Section 4.20 “Mobile Food Vendors” is hereby amended to read as follows: Sec. 4-20. Mobile Food Vendors. A. Definitions. (1) Edible goods shall include, but are not limited to: (a) Prepackaged food including, but not limited to candy, beverages, and ice cream. (b) Prepared food including, but not limited to hot dogs, desserts, and pizza. (c) On-site prepared food including, but not limited to shaved ice, sandwiches, and tacos. (2) Food service establishment shall mean businesses that sell edible goods and have been inspected and approved by the Brazos County Health Department, including commercial kitchens and commissaries, and shall specifically exclude accessory or self -serve retail food sales. (3) Mobile shall mean the state of being in active, but not necessarily continuous, movement. (4) Mobile food vendors shall mean any business that sells edible goods from a non -stationary location within the City of College Station. The term shall include, but not be limited to: (a) Mobile food trucks: A self-contained motorized unit selling items defined as edible goods. (b) Concessions carts: Mobile vending units that must be moved by non-motorized means. (c) Concession trailers: A vending unit which is pulled by a motorized unit and has no power to move on its own. (5) Non-refrigerated shall mean edible goods that are not required to be kept at a temperature below forty-one (41) degrees Fahrenheit according to the federal Food and Drug Administration and the Texas Food Establishment Rules. (6) Sell shall mean the act of exchanging a good for a profit or in return for a donation. (7) Stationary location shall mean the position of the mobile food vendor when not in motion and addressing the public for the purpose of sales. (8) Mobile food court shall mean a land use approved though a Conditional Use Permit (see Chapter 12 Unified Development Ordinance) and developed in conformity with an approved site plan (see Chapter 12, Unified Development Ordinance), where two or more mobile food vendors congregate to offer edible goods for sale to the public and amenities are provided for all vendors’ customers. B. Permit and application. (1) Permit. Every mobile food vendor shall have a permit issued by the City of College Station Planning and Development Services Department to conduct business in the City. (2) Application. An applicant shall apply for a permit on a form promulgated by the City of College Station Planning and Development Services Department. (3) The application shall be processed through the following method: (a) Application submitted to the City of College Station, (b) Application shall be reviewed by designated City staff, (c) City staff shall inform the Brazos County Health Department when the application is eligible for approval by the City, Ordinance No. Page 4 of 13 (d) Brazos County Health Department may then accept an application from a mobile food vendor, (e) Following notification from the City, Brazos County Health department may issue a permit when their application is eligible for approval, (f) Applicant shall submit their Brazos County Health Department permit to City of College Station, (g) The City of College Station may then, and only then, approve a mobile food vendor permit. (4) Permit form. A complete application shall require the following information from the applicant to be considered: (a) Name of applicant, (b) Legal name of business or entity, (c) State of Incorporation or filing of a partnership or articles of association, (d) If applicable, copy of Chapter or Articles of Incorporation and current listing of directors, partners, or principles (publicly traded companies are exempted), (e) Sales tax number with a copy of sales tax permit, (f) Signed permission from the private property owner to use the property and its amenities, (g) Name, phone number, and driver's license number of business owner, (h) Contact name and phone number for mobile food vending unit while en route, (i) Copy of permits to do business in Texas for foreign companies, (j) Description of product being sold, (k) Description of attached signage, (l) Vehicle identification number and description of mobile food vending unit, (m) Proof of business auto liability insurance covering the mobile food vending unit, (n) A signed affidavit under oath with photo identification that each individual applicant: (i) Has no unpaid civil judgments against him or her in any state or U.S. possession which arise from a business activity which would have been covered by this section if in effect at the time in the jurisdiction where such judgments are of record. (ii) A statement of all convictions in any state, the United States or U.S. possession within the last ten (10) years. (o) A bond in the sum of not less than one thousand dollars ($1,000.00), executed by the mobile food vendor with two (2) or more good and sufficient sureties satisfactory to the Finance Director, which bond shall be payable to the City of College Station, for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the mobile food vendor while conducting business in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the permit provided herein. The bond shall not be required for the sale of goods in interstate commerce. (p) Copy of the Brazos County Health Department permit issued to the food service establishment. (q) Copy of written permission to utilize the private facilities of the food service establishment. (5) Permit fee. Ordinance No. Page 5 of 13 (a) The application fee for a mobile food vendor permit shall be five hundred dollars ($500.00). Each mobile food vendor unit shall be permitted separately. (b) Mobile food vendor permits shall be valid for one (1) year from the date of permit issuance. (c) Upon renewal the applicant must provide a new complete application, payment of a two hundred fifty dollar ($250.00) renewal fee, and new permitting documentation. The applicant must submit the application and renewal fee within thirty (30) days after expiration of the permit or must reapply as a new applicant. (d) Concession carts shall apply under a reduced fee of two hundred fifty dollars ($250.00) for initial application, and one hundred twenty-five dollars ($125.00) for a renewal. (6) Permit denial. A permit may be denied where: (a) An applicant is found to have an unpaid civil judgment(s) against him which relates to the duties and responsibilities of the permitted occupation whic h shall be determined by the nature and the amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments; (b) An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity; (c) The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor; or (d) The opportunity to reissue a permit has been denied due to previous violations as described in this section. (7) Display of permit. Every permit, including those from the City of College Station and Brazos County Health Department, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck, concession cart, or concession trailer. (8) Permit revocation or suspension. (a) A permit may be revoked upon conviction of any offense comm itted by an individual operating as a mobile food vendor in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth abo ve, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges. (b) A permit may be revoked for non-conformity to the application location specifications or requirements as well as to non-conformity to an approved location plan or diagram. (c) Any employee working for an applicant permitted as an employer under this section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer's permit terminates all employee permits. (d) A permit may be suspended or revoked for not complying with the requirements of this section, or any other ordinances, or laws. (9) Appeal of permit revocation, suspension, or denial. (a) The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial. Ordinance No. Page 6 of 13 (b) If a City official revokes, suspends or denies a mobile food vendor permit, the holder or applicant of the permit which has been revoked, suspended, or denied shall have the right of appeal to the City of College Station Planning and Development Services Director or designee by submitting an appeal in writing to the Director within ten (10) business days of the revocation, suspension, or denial. (c) Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended. (d) If a written appeal is not submitted within ten (10) business day of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended, or denied. (10) Reapplication after revocation, suspension, or denial of permit. If a mobile food vendor or applicant is not in compliance with this section or a ny other ordinances, laws, or the approved vendor application, the following actions will be taken: (a) 1st violation. A warning may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for new or reissued permit for three (3) months. (b) 2nd violation. Permit will be revoked and the vendor may become ineligible for new or reissued permit for three (3) months. (c) 3rd violation. Permit will be revoked and the vendor will become ineligible for new or reissued permit for one (1) year. (d) If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for three (3) months. C. Zoning and location restrictions. (1) Distance regulations. (a) No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district, including townhouse districts, but may be located in such districts when serving and within one hundred (100) feet of a property with an active building permit or located within a public park facility. (b) A mobile food vendor may not be located within one hundred (100) feet of the primary entrance of an open and operating fixed-location food service establishments outside of Northgate. This buffer may be reduced upon receiving written permission from said establishments. (c) Northgate only. A mobile food vendor may not be located within one hundred (100) feet of an existing business lawfully operating as a restaurant as defined by the Unified Development Ordinance within Northgate. This buffer may be reduced upon written permission from said restaurant. (d) Minimum distance regulations for mobile food courts are described in the Specific Use Standards section of Article 6, Use Regulations of Chapter 12, Unified Development Ordinance. Minimum distance requirements may be increased through the Conditional Use Permit process described in Article 3, Development Review Procedures of Chapter 12. Individual mobile food vendors within a mobile food court shall be located as identified on the approved mobile food court site plan. (2) A mobile food vendor shall not conduct sales at a stationary location: (a) For a duration exceeding five (5) hours per location per day. (b) NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts only. For a duration exceeding twenty-one (21) hours per location per day. Ordinance No. Page 7 of 13 (c) For a duration exceeding thirty (30) minutes on any public street designated on the City of College Station's Thoroughfare Plan as a minor collector or lesser. (d) On any public street designated on the City of College Station's Thoroughfare Plan as a major collector or greater. (e) In congested areas where the operation impedes vehicular or pedestrian traffic. (f) In a designated bike lane. (g) Between the hours of 2:00 a.m. and 5:00 a.m. Mobile food vendors within a mobile food court shall not be open between the hours of 3:00 a.m. and 5:00 a.m.. Sales shall only be within the approved hours of operation for the court, which may restricted through the Conditional Use Permit. (h) Mobile food vendors on an approved pad site within a mobile food court may remain at the mobile food court with the following exceptions: (1) Mobile food vendors shall leave a short-term mobile food court site at least once every twenty-four hours to retain their status as mobile food vendors. (2) Mobile food vendors shall leave a long-term mobile food court site, or a pad site within the court, at least once every twenty-four hours to retain their status as mobile food vendors. (3) Concession carts, permitted as mobile food vendors, may be located only within the Northgate zoning districts and Wolf Pen Creek District when operating at a mixed -use development, or within an approved mobile food court. Carts must be positioned as to not disrupt pedestri an traffic and must maintain an abutting five-foot (5) clear space. (4) Location regulations. (a) No mobile food vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or Ci ty official. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be kept within the mobile vending unit at all times. (b) A mobile food vendor may not be located within twenty (20) feet of another mobile food vendor unless they are within a mobile food court and located in accordance with the approved mobile food court site plan. D. Mobile food vendor requirements. The following regulations shall apply to mobile food vendors within any zoning district: (1) Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and waste water in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop at a minimum of twenty (20) feet of the sales location. (2) With the exception of the required trash receptacles, mobile food vendors shall not provide freestanding fixtures (e.g., tables, chairs, tents, and canopies). (3) Continuous music or repetitive sounds shall not project from the mobile unit. (3) A five-foot (5) clear space shall be maintained around the mobile food vending unit. (4) The mobile unit will be subject to inspection upon permit application through the Pla nning and Development Services Department and the Fire Marshal, and may be subject to random inspection and upon renewal of the permit. (5) No sales are allowed within public park facilities while park concession units are operating. (6) A "No Smoking" sign must be posted next to the order window or area. Ordinance No. Page 8 of 13 (7) A tagged fire extinguisher shall be kept accessible as directed by the City of College Station Fire Marshal or designee. (8) An extinguishing vent hood, Type 1 or other if approved by the City of Co llege Station Fire Marshal, shall be required when the cooking process produces grease laden particles within the mobile unit. Said hood shall require testing in the presence of a College Station Fire Marshal designee. (9) A service log for the mobile food vendor, documenting the date and time of arrival and departure from the food service establishment where the vendor’s services are performed. The mobile food vendor shall make the service log available for inspection upon request. E. Offenses and regulations. (1) It shall be unlawful for any individual as the agent or employee of another regulated under this section to sell edible goods in the City unless its principal or employer has received a permit under this section. (2) A permit issued under this section is not transferable. (3) It shall be unlawful for an individual to sell edible goods while displaying a valid permit issued by the City of College Station in the name of another individual, organization, or entity. (4) It shall be unlawful for any individual directly or through an agent or employee to sell goods within the corporate limits of the City after the expiration of the permit issued by the City of College Station under this section. (5) It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the permit affidavit any acts that are regulated under this section. (6) It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit by the City of College Station constitutes the City's endorsement or approval of the product for sale. (7) It shall be unlawful to operate a mobile food vendor operation that is not in compliance with the Texas Food Establishment Rules as amended from time to time. (8) A mobile food vendor permit may only be granted to a business that is associated with a food service establishment, as defined by this ordinance, unless the mobile food vendor is not required to obtain a permit from the Brazos County Health Department. (9) A violation of this section is a Class C misdemeanor and shall be punishable by a fine pursuant to the general penalty set out in Section 1-5, of this Code of Ordinances. F. Exemptions. Individuals selling only non-refrigerated farm products in an unrefined state shall be considered as a mobile food vendor, as defined by this ordinance, but shall be exempt from the requirements of this Section. Ordinance No. Page 9 of 13 EXHIBIT “B” That Chapter 12, “Unified Development Ordinance,” Article 6 “Use Regulations” Section 6.3 “Types of Use” Section C “Use Tabel,” is hereby amended to add a Land use category, as follows: Article 6. Use Regulations Sec. 12-6.3. Types of Use. C. Use Table. Spe cific Use s R E R S G S T * * D * * M F* * M U* * M H P* * P- MU D** O S C G C C I B P B P I C U N A P R - 1 B R - 4 * * R - 6 * * C- 3 * * M - 1 M - 2 R& D* * WP C** N G - 1 * * N G - 2 * * N G - 3 * * KEY: P = Permitted by Right; P* = Permitted Subject to Specific Use Standards C = Conditional Use; ** = District with Supplemental Standards (refer to Article 5) COMMERCIAL, OFFICE AND RETAIL Mo bile Foo d Cou rt C4 C4 C4 C 4 C4 C4 C4 ** District with Supplemental Standards (Refer to Article 5). 1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. 2 Hotels only allowed when accessory to a Country Club development and are lim ited to a maximum of fifteen (15) rooms. 3 Refer to Section 12-6.4.Z "Recreational Vehicles Park Standards (RV Parks)" for Specific Use Standards. 4 Refer to Section 12-6.4.AC "Mobile Food Courts” for Specific Use Standards. Ordinance No. Page 10 of 13 EXHIBIT “C” That Chapter 12, “Unified Development Ordinance,” Article 6 “Use Regulations” Section 6.4 “Specific Use Standards,” is hereby amended to add the Specific Use Standards, as follows: Article 6. Use Regulations Sec. 12-6.4. Specific Use Standards. AC. Mobile Food Court. Mobile food court shall mean a land use approved though a Conditional Use Permit (see Chapter 12 Unified Development Ordinance) and developed in conformity with an approved site plan (see Chapter 12, Unified Development Ordinance), where two or more mobile food vendors congregate to offer edible goods for sale to the public and amenities are provided for all vendors’ customers. 1. Mobile Food Court Categories a. Short-Term. 1) A short-term food court is temporary in nature, intended to be an interim use on previously developed land where long-term utilization of the property or redevelopment is being investigated and/or pursued. A Conditional Use Permit for a short-term mobile food court may be granted for a period of up to two (2) years. 2) A short-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) to five (5) mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court at least once every twenty-four (24) hours to retain mobile food vendor status. c) Tables, chairs, and canopies for court customers. d) Signage for the mobile food court, in accordance with the Signs section of this Unified Development Ordinance. e) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area as not to disturb other surrounding property owners. 3) A short-term mobile food court shall: a) Be located a minimum of 100 feet from a single family, duplex, or townhouse zoning district. b) Have a site manager that will remain on property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. Ordinance No. Page 11 of 13 d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3 a.m. and 5 a.m. f) Provide only portable or temporary improvements to a site. Long-term or permanent improvements to a site are not allowed. g) Provide adequately maintained trash receptacles for customer use. h) Provide a portable restroom trailer(s) for customer and employee use in a location that is conveniently accessible from the seating or dining area during hours of operation. A portable restroom trailer is defined as a mobile unit containing a flush toilet(s) and a handwashing station(s) that utilize s a storage tank system. Portable restroom trailers shall regularly leave their mobile food court sites when the courts are closed to customers to resupply water tanks and dispose of waste in appropriate off-site waste disposal facilities. Portable restroom trailers are not required to leave their sites when they are regularly serviced by waste disposal companies. 1) A minimum of two handicapped-accessible restrooms (one for each gender) are required, with flushing toilets and handwashing stations. 2) If handwashing stations do not meet Brazos County Health Department requirements for food service establishments, mobile food vendor employees shall be required to use a permanent, compliant restroom facility on the property on which the short-term mobile food court is located. Signed permission from the private property owner for the mobile food vendor employees to access those facilities for the extent of the Conditional Use Permit shall be required. 3) Mobile food courts that are within one hundred (100) feet of a public restroom facility may be exempted from the requirement for portable restroom trailers. i) Comply with general site plan requirements described in the Site Plan Review section of Article 3, Development Review Procedures, the applicable requirements of Article 7 General Development Standards, and the specific use standards below. b. Long-Term. 1) Long-term mobile food courts are intended to have more permanency than short-term mobile food courts and shall be held to the same development standards as restaurant developments, with the exceptions identified in the specific use standards below. 2) A long-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) or more mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court or move within the court at least once every twenty-four (24) hours to retain mobile food vendor status. Ordinance No. Page 12 of 13 c) Mobile food vendors to access potable water and sewage disposal facilities onsite. If these utilities are made available, they shall be located in a manner to necessitate the movement of each mobile food vendor to access the utilities. d) Tables, chairs, and canopies or enclosed seating areas for court customers. e) Signage for the mobile food court, in accordance with the Signs section of this Unified Development Ordinance. f) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area as not to disturb surrounding property owners. g) Larger-scale entertainment and accessory uses for court customers, such as a volleyball court and bar, at a scale as not to disturb surrounding property owners. h) Accessory structures. i) Alcohol sales with approved permits and licenses from the Texas Alcoholic Beverage Commission. 3) A long-term mobile food court shall: a) Be located a minimum of 100 feet from a single family, duplex, or tow nhouse zoning district. b) Have a site manager that will remain on property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3 a.m. and 5 a.m. f) Provide adequately maintained trash receptacles for customer use. g) Provide permanent restroom facilities for customer and employee use in a location that is conveniently accessible from the seating or dining area during hours of operation. A permanent restroom is defined as containing flush toilets and handwashing stations utilizing piped systems, provided in accordance with the requirements of the Brazos County Health Department and adopted plumbing and building codes. A minimum of two handicapped-accessible restrooms (one for each gender) are required, with flushing toilets and handwashing stations. h) Comply with general site plan requirements described in the Site Plan Review section of Article 3, Development Review Procedures, the applicable requirements of Article 7 General Development Standards, and the specific use standards below. Ordinance No. Page 13 of 13 2. Specific Use Standards for Mobile Food Courts The following shall apply to all short-term and long-term mobile food courts, unless otherwise noted: a. Mobile food courts shall designate pad site locations for mobile food vendors. b. Mobile food vendor pad sites and dining areas shall be setback a minimum of one hundred (100) feet from rights-of-way and public ways. c. All mobile food vendor pad sites shall be separated from other pad sites, dining areas, and structures by a minimum of ten (10) feet. d. Pad sites and dining areas shall not be located within fire lanes, easements, setbacks, buffers, or visibility triangles. e. All mobile food vendors located in a mobile food court shall be on an improved, permanent surface as described in the Off-Street Parking Standards of this Unified Development Ordinance. f. A minimum of two (2) Off-Street Parking spaces shall be provided per mobile food vendor pad site. g. A minimum of a twenty-foot (20’) fire apparatus access route is required around a mobile food court. h. Mobile food vendors, portable restroom trailers, and other temporary structures shall not be subject to the Non-Residential Architectural Standards section of this UDO. i. Electrical connections shall be provided for all mobile food vendors on site. Use of generators shall not be allowed in a mobile food court. j. Short-term mobile food courts only. 1) Short-term mobile food courts shall not impede vehicular circulation or block fire lanes or sanitation routes through the existing sites upon which they are located, 2) Short-term mobile food courts shall not be subject to the requirements of the Landscaping and Tree Protection section of this Unified Development Ordinance. 3) Short-term mobile food courts shall utilize existing solid waste collection sites on the properties on which they are located, and provide proof of permission to do so. k. Long-term mobile food courts only. If water and wastewater facilities are provided to mobile food vendors in a long-term mobile food court, the site shall be designed to require all mobile food vendors to remain mobile to access these amenities. Additional tanks or portable tanks for wastewater are prohibited. Page 1 Sec. 4-20. - Mobile food vendors. A. Definitions. (1) Edible goods shall include, but are not limited to: (a) Prepackaged food including, but not limited to candy, beverages, and ice cream. (b) Prepared food including, but not limited to hot dogs, desserts, and pizza. (c) On-site prepared food including, but not limited to shaved ice, sandwiches, and tacos). (2) Food service establishment shall mean businesses that sell edible goods and have been inspected and approved by the Brazos County Health Department, including commercial kitchens and commissaries, and shall specifically exclude accessory or self-serve retail food sales. (3) Mobile shall mean the state of being in active, but not necessarily continuous, movement. (4) Mobile food vendors shall m ean any business which that sells edible goods from a non-stationary location within the City of College Station. The term shall include, but not be limited to: (a) Mobile food trucks: A self-contained motorized unit selling items defined as edible goods. (b) Concessions carts: Mobile vending units that must be moved by non-motorized means. (c) Concession trailers: A vending unit which is pulled by a motorized unit and has no power to move on its own. (5) Non-refrigerated shall mean edible goods that are not required to be kept at a temperature below forty-one (41) degrees Fahrenheit according to the federal Food and Drug Administration and the Texas Food Establishment Rules. (6) Sell shall mean the act of exchanging a good for a profit or in return for a donation. (7) Stationary location shall mean the position of the mobile food vendor when not in motion and addressing the public for the purpose of sales. (8) Mobile food court shall mean a land use approved though a Conditional Use Permit (see Chapter 12 Unified Development Ordinance) and developed in conformity with an approved site plan (see Chapter 12, Unified Development Ordinance), where two or m ore mobile food vendors congregate to offer edible goods for sale to the public and amenities are provided for all vendors’ customers. B. Permit and application. (1) Permit. Every mobile food vendor shall have a permit issued by the City of College Station Planning and Development Services Department to conduct business in the City. (2) Application. An applicant shall apply for a permit on a form promulgated by the City of College Station Planning and Development Services Department. (3) The application shall be processed through the following method: (a) Application submitted to the City of College Station, (b) Application shall be reviewed by designated City staff, (c) City staff shall inform the Brazos County Health Department when the application is eligible for approval by the City, (d) Brazos County Health Department may then accept an application from a mobile food vendor, (e) Following notification from the City, Brazos County Health department may issue a permit when their application is eligible for approval, Page 2 (f) Applicant shall submit their Brazos County Health Department permit to City of College Station, (g) The City of College Station may then, and only then, approve a mobile food vendor permit. (4) Permit form. A complete application shall require the following information from the applicant to be considered: (a) Name of applicant, (b) Legal name of business or entity, (c) State of Incorporation or filing of a partnership or articles of association, (d) If applicable, cCopy of Chapter or Articles of Incorporation and current listing of directors, partners, or principles (publicly traded companies are exempted), (e) Sales tax number with a copy of sales tax permit, (f) Signed permission from the private property owner to use the property and its amenities, (g) Name, phone number, and driver's license number of business owner, (h) Contact name and phone number for mobile food vending unit while in en route, (i) Copy of permits to do business in Texas for foreign companies, (j) Description of product being sold, (k) Description of attached signage, (l) Vehicle identification number and description of mobile food vending unit, (m) Proof of business auto liability insurance covering the mobile food vending unit, (n) A signed affidavit under oath with photo identification that each individual applicant: (i) Has no unpaid civil judgments against him or her in any state or U.S. possession which arise from a business activity which would have been covered by this section if in effect at the time in the jurisdiction where such judgments are of record. (ii) A statement of all convictions in any state, the United States or U.S. possession within the last ten (10) years. (no) A bond in the sum of not less than one thousand dollars ($1,000.00), executed by the mobile food vendor with two (2) or more good and sufficient sureties satisfactory to the Finance Director, which bond shall be payable to the City of College Station, for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the mobile food vendor while conducting business in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the permit provided herein. The bond shall not be required for the sale of goods in interstate commerce. (op) Copy of the Brazos County Health Department permit issued to the food service establishment. (pq) Copy of written permission to utilize the private facilities of the food service establishment. (5) Permit fee. (a) The application fee for a mobile food vendor permit shall be five hundred dollars ($500.00). Each mobile food vendor unit shall be permitted separately. (b) Mobile food vendor permits shall be valid for one (1) year from the date of permit issuance. (c) Upon renewal the applicant must provide a new complete application, payment of a two hundred fifty dollars ($250.00) renewal fee, and new permitting documentation upon permit Page 3 renewal. The applicant must submit the application and renewal fee within thirty (30) days after expiration of the permit or must reapply as a new applicant. (d) Concession carts shall apply under a reduced fee of two hundred fifty dollars ($250.00) for initial application, and one hundred twenty-five dollars ($125.00) for a renewal. (6) Permit denial. A permit may be denied where: (a) An applicant is found to have an unpaid civil judgment(s) against him which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and the amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments;, or (b) An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity, or; (c) The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor; or . (d) The opportunity to reissue a permit has been denied due to previous violations as described in this section. (7) Display of permit. Every permit, including those from the City of College Station and Brazos County Health Department, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck, concession cart, or concession trailer. (8) Permit revocation or suspension. (a) A permit may be revoked upon conviction of any offense committed by an individual operating as a mobile food vendor in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth above, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges. (b) A permit may be revoked for non-conformity to the application location specifications or requirements as well as to non-conformity to an approved location plan or diagram. (c) Any employee working for an applicant permitted as an employer under this section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer's permit terminates all employee permits. (d) A permit may be suspended or revoked for not complying with the requirements of this section, or any other ordinances, or laws. (9) Appeal of permit revocation, suspension, or denial. (a) The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial. (b) If a City official revokes, suspends or denies a mobile food vendor permit, the holder or applicant of the permit which has been revoked, suspended, or denied shall have the right of appeal to the City of College Station Planning and Development Services Director or designee by submitting an appeal in writing to the Director within ten (10) business days of the revocation, suspension, or denial. Page 4 (c) Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended. (d) If a written appeal is not submitted within ten (10) business day of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended, or denied. (10) Reapplication after revocation, suspension, or denial of permit. If a mobile food vendor or applicant is not in compliance with this section or any other ordinances, laws, or the approved vendor application, the following actions will be taken: (a) 1st violation. A warning may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for new or reissued permit for three (3) months. (b) 2nd violation. Permit will be revoked and the vendor may become ineligible for new or reissued permit for three (3) months. (c) 3rd violation. Permit will be revoked and the vendor will become ineligible for new or reissued permit for one (1) year. (d) If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for three (3) months. C. Zoning and location restrictions. (1) Distance regulations. (a) No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district, including townhouse districts, but may be located in such districts when serving and within one hundred (100) feet to of a property with an active building permit or located within a public park facility. (b) A mobile food vendor may not be located within one hundred (100) feet of the primary entrance of an open and operating fixed-location food service establishments outside of Northgate. This buffer may be reduced upon receiving written permission from said establishments. (c) Northgate only. A mobile food vendor may not be located within one hundred (100) feet of an existing business lawfully operating as a restaurant as defined by the Unified Development Ordinance within Northgate. This buffer may be reduced upon written permission from said restaurants. (d) Minimum distance regulations for mobile food courts are described in the Specific Use Standards section of Article 6, Use Regulations of Chapter 12, Unified Development Ordinance. Minimum distance requirements may be increased through the Conditional Use Permit process described in Article 3, Development Review Procedures of Chapter 12. Individual mobile food vendors within a mobile food court shall be located as identified on the approved mobile food court site plan. (2) A mobile food vendor shall not conduct sales at a stationary location: (a) For a duration exceeding five (5) hours per location per day. (b) NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts only. Northgate only. For a duration exceeding five (5) twenty-one (21) hours per location per day., except from 10:00 p.m. to 2:00 a.m. in the NG-1 Northgate Core zoning district. (c) For a duration exceeding thirty (30) minutes on any public street designated on the City of College Station's Thoroughfare Plan as a minor collector or lesser. (d) On any public street designated on the City of College Station's Thoroughfare Plan as a major collector or greater. Page 5 (e) In congested areas where the operation impedes vehicular or pedestrian traffic. (f) In a designated bike lane. (g) Between the hours of 2:00 a.m. and 5:00 a.m. Mobile food vendors within a mobile food court shall not be open between the hours of 3:00 a.m. and 5:00 a.m.. Sales shall only be within the approved hours of operation for the court, which may restricted through the Conditional Use Permit. (h) Mobile food vendors on an approved pad site within a mobile food court may remain at the mobile food court with the following exceptions: (1) Mobile food vendors shall leave a short-term mobile food court site at least once every twenty-four hours to retain their status as mobile food vendors. (2) Mobile food vendors shall leave a long-term mobile food court site, or a pad site within the court, at least once every twenty-four hours to retain their status as mobile food vendors. (3) Northgate and Wolf Pen Creek District. (a) Concession carts, permitted as a mobile food vendors, may be located only within the Northgate zoning districts and Wolf Pen Creek District when operating at a mixed-use development, or within an approved mobile food court. Carts must be positioned as to not disrupt pedestrian traffic and must maintain an abutting five-foot (5) clear space. (b) A mobile food vendor may not be located within twenty (20) feet of another mobile food vendor. (4) Location regulations. (a) No mobile food vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or City official. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be kept within the mobile vending unit at all times. (b) A mobile food vendor may not be located within twenty (20) feet of another mobile food vendor unless they are within a mobile food court and located in accordance with the approved mobile food court site plan. No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any motor vehicle without permission of the owner. (c) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by the property owner or City official not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement". (d) No person shall sell or offer for sale any item upon any premises if requested by the property owner or City official not to do so, or if there is placed at or near the entrance thereof a sign bearing the words "no peddlers or vendors", "no trespassing", or "no solicitors." D. Mobile food vendor requirements. The following regulations shall apply to mobile food vendors within any zoning district: (1) Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and waste water in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop at a minimum of twenty (20) feet of the sales location. (2) With the exception of the required trash receptacles, mobile food vendors shall not provide freestanding fixtures (e.g., tables, chairs, tents, and canopies). (3) Continuous music or repetitive sounds shall not project from the mobile unit. (34) A five-foot (5) clear space can shall be maintained around the mobile food vending unit. Page 6 (45) The mobile unit will be subject to inspection upon permit application through the Building Division of the Planning and Development Services Department and the Fire Marshal, and may be subject to random inspection and upon reissuance renewal of the permit. (56) No sales are allowed within public park facilities while park concession units are operating. (67) A "No Smoking" sign must be posted next to the order window or area. (78) A tagged fire extinguisher shall be kept accessible as directed by the City of College Station Fire Marshal or designee. (89) An extinguishing vent hood, Type 1 or other if approved by the City of College Station Fire Marshal, shall be required when the cooking process produces grease laden particles within the mobile unit. Said hood shall require testing in the presence of a College Station Fire Marshal designee. (10) A service log for the mobile food vendor, documenting the date and time of arrival and departure from the food service establishment where the vendor’s services are performed. The mobile food vendor shall make the service log available for inspection upon request. E. Offenses and regulations. (1) It shall be unlawful for any individual as the agent or employee of another regulated under this section to sell edible goods in the City unless its principal or employer has received a permit under this section. (2) A permit issued under this section is not transferable. (3) It shall be unlawful for an individual to sell edible goods while displaying a valid permit issued by the City of College Station in the name of another individual, organization, or entity. (4) It shall be unlawful for any individual directly or through an agent or employee to sell goods within the corporate limits of the City after the expiration of the permit issued by the City of College Station under this section. (5) It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the permit affidavit any acts that are regulated under this section. (6) It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit by the City of College Station constitutes the City's endorsement or approval of the product for sale. (7) It shall be unlawful to operate a mobile food vendor operation that is not in compliance with the Texas Food Establishment Rules as amended from time to time. (8) A mobile food vendor permit may only be granted to a business that is associated with a food service establishment, as defined by this ordinance, unless the mobile food vendor is not required to obtain a permit from the Brazos County Health Department. (9) A violation of this section is a Class C misdemeanor and shall be punishableed by a fine pursuant to the general penalty set out in Section 1-5, of this Code of Ordinances. F. Exemptions. Individuals selling only non-refrigerated farm products in an unrefined state shall be considered as a mobile food vendor, as defined by this ordinance, but shall be exempt from the requirements of this sSection. Page 1 Sec. 12-6.3. - Types of Use. A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P), permitted uses subject to specific use standards (P*), or conditional uses (C) in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. B. The Administrator shall determine whether or not an unlisted use, that is otherwise prohibited, as stated above should be processed. In doing so, the Administrator shall utilize purpose statements adopted herein in conjunction with the applicable zoning district, and consideration of the following criteria: 1. The actual or anticipated characteristics of the activity in relationship to known characteristics of similar projects in standard planning practice; 2. The relative amount of site area, floor space, and equipment; 3. Relative volumes of sales from each activity; 4. The customer type for each activity; 5. The relative number of employees in each activity; 6. Hours of operation; 7. Building and site arrangement; 8. Vehicles used with the activity and the relative number of vehicle trips generated by the use; and 9. How the use advertises itself. C. Use Table. Except where otherwise specifically provided herein, regulations governing the use of land and structures with the various zoning districts and classifications of planned developments are hereby established as shown in the following Use Table. 1. Permitted Uses. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. 2. Permitted Uses Subject to Specific Standards. A "P*" indicates a use that will be permitted, provided that the use meets the provisions in Section 12-6.4, Specific Use Standards. Such uses are also subject to all other applicable regulations of this UDO. 3. Conditional Uses. A "C" indicates a use that is allowed only where a conditional use permit is approved by the City Council. The Council may require that the use meet the additional standards enumerated in Section 12-6.4, Specific Use Standards. Conditional uses are subject to all other applicable regulations of this UDO. Page 2 Specific Uses R E R S G S T* * D* * MF* * MU* * MHP* * P- MUD* * O S C G C C I B P BP I C U NA P R- 1 B R- 4* * R- 6* * C- 3* * M -1 M -2 R&D* * WPC* * NG - 1* * NG - 2* * NG - 3* * KEY: P = Permitted by Right; P* = Permitted Subject to Specific Use Standards C = Conditional Use; ** = District with Supplemental Standards (refer to Article 5) COMMERCIAL, OFFICE AND RETAIL Mobile Food Court C4 C4 C4 C4 C4 C4 C4 Night Club, Bar or Tavern C C C C C P P Restauran ts P P P P * P P* P P P P* ** District with Supplemental Standards (Refer to Article 5). 1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. 2 Hotels only allowed when accessory to a Country Club development and are limited to a maximum of fifteen (15) rooms. 3 Refer to Section 12-6.4.Z "Recreational Vehicles Park Standards (RV Parks)" for Specific Use Standards. 4 Refer to Section 12-6.4.AC "Mobile Food Courts” for Specific Use Standards. Page 1 Sec. 12-6.4. - Specific Use Standards. The following specific use standards shall apply to those uses listed below and identified in the Use Table in Section 12-6.3, Types of Use, with a "P*." A site plan review, as required by Section 12-3.6, Site Plan Review, is required for all specific uses identified herein. For the purposes of this section, buffers shall comply with Section 12-7.7, Buffer Requirements unless specified herein. For the purposes of this section, residential areas or uses shall mean existing developed or developing (platted) residential uses including single-family and multi-family housing, townhomes, and duplexes. AC. Mobile Food Court. Mobile food court shall mean a land use approved though a Conditional Use Permit (see Chapter 12 Unified Development Ordinance) and developed in conformity with an approved site plan (see Chapter 12, Unified Development Ordinance), where two or more mobile food vendors congregate to offer edible goods for sale to the public and amenities are provided for all vendors’ customers. 1. Mobile Food Court Categories a. Short-Term. 1) A short-term food court is temporary in nature, intended to be an interim use on previously developed land where long-term utilization of the property or redevelopment is being investigated and/or pursued. A Conditional Use Permit for a short-term mobile food court may be granted for a period of up to two (2) years. 2) A short-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) to five (5) mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court at least once every twenty-four (24) hours to retain mobile food vendor status. c) Tables, chairs, and canopies for court customers. d) Signage for the mobile food court, in accordance with the Signs section of this Unified Development Ordinance. e) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area as not to disturb other surrounding property owners. 3) A short-term mobile food court shall: a) Be located a minimum of 100 feet from a single family, duplex, or townhouse zoning district. b) Have a site manager that will remain on property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. Page 2 d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3 a.m. and 5 a.m. f) Provide only portable or temporary improvements to a site. Long-term or permanent improvements to a site are not allowed. g) Provide adequately maintained trash receptacles for customer use. h) Provide a portable restroom trailer(s) for customer and employee use in a location that is conveniently accessible from the seating or dining area during hours of operation. A portable restroom trailer is defined as a mobile unit containing a flush toilet(s) and a handwashing station(s) that utilizes a storage tank system. . Portable restroom trailers shall regularly leave their mobile food court sites when the courts are closed to customers to resupply water tanks and dispose of waste in appropriate off-site waste disposal facilities. Portable restroom trailers are not required to leave their sites when they are regularly serviced by waste disposal companies. 1) A minimum of two handicapped-accessible restrooms (one for each gender) are required, with flushing toilets and handwashing stations. 2) If handwashing stations do not meet Brazos County Health Department requirements for food service establishments, mobile food vendor employees shall be required to use a permanent, compliant restroom facility on the property on which the short-term mobile food court is located. Signed permission from the private property owner for the mobile food vendor employees to access those facilities for the extent of the Conditional Use Permit shall be required. 3) Mobile food courts that are within one hundred (100) feet of a public restroom facility may be exempted from the requirement for portable restroom trailers. i) Comply with general site plan requirements described in the Site Plan Review section of Article 3, Development Review Procedures, the applicable requirements of Article 7 General Development Standards, and the specific use standards below. b. Long-Term. 1) Long-term mobile food courts are intended to have more permanency than short-term mobile food courts and shall be held to the same development standards as restaurant developments, with the exceptions identified in the specific use standards below. 2) A long-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) or more mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court or move within the court at least once every twenty-four (24) hours to retain mobile food vendor status. Page 3 c) Mobile food vendors to access potable water and sewage disposal facilities onsite. If these utilities are made available, they shall be located in a manner to necessitate the movement of each mobile food vendor to access the utilities. d) Tables, chairs, and canopies or enclosed seating areas for court customers. e) Signage for the mobile food court, in accordance with the Signs section of this Unified Development Ordinance. f) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area as not to disturb surrounding property owners. g) Larger-scale entertainment and accessory uses for court customers, such as a volleyball court and bar, at a scale as not to disturb surrounding property owners. h) Accessory structures. i) Alcohol sales with approved permits and licenses from the Texas Alcoholic Beverage Commission. 3) A long-term mobile food court shall: a) Be located a minimum of 100 feet from a single family, duplex, or townhouse zoning district. b) Have a site manager that will remain on property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3 a.m. and 5 a.m. f) Provide adequately maintained trash receptacles for customer use. g) Provide permanent restroom facilities for customer and employee use in a location that is conveniently accessible from the seating or dining area during hours of operation. A permanent restroom is defined as containing flush toilets and handwashing stations utilizing piped systems, provided in accordance with the requirements of the Brazos County Health Department and adopted plumbing and building codes. A minimum of two handicapped-accessible restrooms (one for each gender) are required, with flushing toilets and handwashing stations. h) Comply with general site plan requirements described in the Site Plan Review section of Article 3, Development Review Procedures, the applicable requirements of Article 7 General Development Standards, and the specific use standards below. 2. Specific Use Standards for Mobile Food Courts Page 4 The following shall apply to all short-term and long-term mobile food courts, unless otherwise noted: a. Mobile food courts shall designate pad site locations for mobile food vendors. b. Mobile food vendor pad sites and dining areas shall be setback a minimum of one hundred (100) feet from rights-of-way and public ways. c. All mobile food vendor pad sites shall be separated from other pad sites, dining areas, and structures by a minimum of ten (10) feet. d. Pad sites and dining areas shall not be located within fire lanes, easements, setbacks, buffers, or visibility triangles. e. All mobile food vendors located in a mobile food court shall be on an improved, permanent surface as described in the Off-Street Parking Standards of this Unified Development Ordinance. f. A minimum of two (2) Off-Street Parking spaces shall be provided per mobile food vendor pad site. g. A minimum of a twenty-foot (20’) fire apparatus access route is required around a mobile food court. h. Mobile food vendors, portable restroom trailers, and other temporary structures shall not be subject to the Non-Residential Architectural Standards section of this UDO. i. Electrical connections shall be provided for all mobile food vendors on site. Use of generators shall not be allowed in a mobile food court. j. Short-term mobile food courts only. 1) Short-term mobile food courts shall not impede vehicular circulation or block fire lanes or sanitation routes through the existing sites upon which they are located, 2) Short-term mobile food courts shall not be subject to the requirements of the Landscaping and Tree Protection section of this Unified Development Ordinance. 3) Short-term mobile food courts shall utilize existing solid waste collection sites on the properties on which they are located, and provide proof of permission to do so. k. Long-term mobile food courts only. If water and wastewater facilities are provided to mobile food vendors in a long-term mobile food court, the site shall be designed to require all mobile food vendors to remain mobile to access these amenities. Additional tanks or portable tanks for wastewater are prohibited. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:215-0562 Name:Approval to cross Lick Creek Greenways Property for Spring Creek Transmission Line Route Status:Type:Presentation Agenda Ready File created:In control:9/21/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Public Hearing, presentation, possible action, and discussion on a resolution that establishes the City Council determination that the use of certain Greenway areas is allowable and that no other feasible or prudent alternatives exist for Public Utility Easements for the construction of the Spring Creek Transmission Line and that all reasonable planning measures have been taken to minimize harm to such Greenways. Sponsors:Tony Michalsky Indexes: Code sections: Attachments:CoCS-Greenway-Easement15a_signed.pdf Greenway crossing area.pdf Lick-Creek-Greenway-Notice-Public-Hearing_08312015.pdf Legal ad.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion on a resolution that establishes the City Council determination that the use of certain Greenway areas is allowable and that no other feasible or prudent alternatives exist for Public Utility Easements for the construction of the Spring Creek Transmission Line and that all reasonable planning measures have been taken to minimize harm to such Greenways. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the resolution. Summary: Approval of this item will establish boundaries for the crossing of the Spring Creek Transmission line through the Lick Creek Greenway property bordered by City property to the west and Brazos Valley Solid Waste Management Agency property to the east.This is the most cost effective route as other routes would require purchase of additional easements. A 100’wide by 683’long area (50’either side of the transmission line)will be cleared for the crossing of the Spring Creek Transmission line through the Lick Creek Greenway property.Clearing of the College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0562,Version:2 of the Spring Creek Transmission line through the Lick Creek Greenway property.Clearing of the property will be with minimal impact to current terrain of property and drainage ways.An Environmental Constraint Study was performed by CME Testing and Engineering,Inc.with no environmental constraints identified within the areas where the transmission line is planned. The Spring Creek transmission line project upgrades are from Switch Station Substation to Spring Creek Substation to Greens Prairie Substation and are required due to ERCOT modeling studies showing overloads under certain conditions.The construction of the new transmission line is for reliability for the Spring Creek substation due to the current transmission line being a double circuit line on the same transmission pole (if problems occurred during peak load conditions on the double circuit transmission line,the Spring Creek substation would be out of service until problems are repaired). Property description and survey illustrating the area where the transmission line will cross the Lick Creek Greenway area are attached. Budget & Financial Summary: N/A Attachments: Property Description Area Map of Lick Creek Greenway Notce - Public Hearing Newspaper Announement for Public Utility Easements. College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ Proposed Easement City of College Station Lick Creek Greenway Area Thomas Caruthers league A-9 College Station, Texas 28 August 2015 Joe Orr, Inc. A BASELINE CORPORATION CO. Post Office Box 11979 College Station, TX 77842-1979 (979) 693-2777 TBPLS Firm no. I 00544-00 All of that certain tract or parcel of land lying and being situated in the Thomas Caruthers league, abstract no. 9 in College Station, Brazos County, Texas, being a strip ofland totaling 100.00 feet in width through designated Greenway areas in the Lick Creek floodplain, with 70.00 feet being along the northwest line of that 45.1 acre tract described in deed to the City of College Station recorded in volume 3900, page 230 of the Official Public Records of Brazos County, Texas, and 30.00 feet being along the southeast line of that 100.64 acre tract described in deed to the City of College Station recorded in volume 6927, page 226 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a 1/2" iron rod with an orange plastic cap stamped "HP MA YO RPLS 5045" set in 2002 at the east comer of the said 100.64 acre tract, in the northwest line of that 16. 7 acre tract described in deed to Brazos Valley Solid Waste Management, Inc. recorded in volume 12153, page 130 of the Official Public Records of Brazos County, Texas, from where the City of College Station GPS control monument no. 9 bears N 38° 55' 57" E-3104.8 feet. Thence S 41 ° 45' 21" W -13 7 .87 feet, along the common boundary of the said 100.64 acre and 16.7 acre tracts, to a 1/2" iron rod found at a common comer of the 16.7 acre tract and said 45.l acre tract; Thence S 48° 15' 31" E-25 feet, along the common boundary of said 16.7 acre and 45.1 acre tracts, to the center of Lick Creek; Thence down the center of Lick Creek with its meanders, being the common boundary of said 16. 7 acre and 45.1 acre tracts, approximately as follows: N 60° E -22 feet and S 66° E-40.01 feet; Thence S 41° 44' 29" W -653.60 feet, through the said 45.l acre tract, parallel and 70.00 feet southeast of the common boundary of the 45 .1 acre and said 100.64 acre tracts, to a point for comer of this described tract, being in a south line of an area designated as Greenway by the City of College Station; Thence Due West -93. 81 feet, along said Greenway boundary line, to a 1/2" iron rod with an orange plastic cap stamped "HP MAYO RPLS 5045" set in 2001 on the common boundary of said 45.l acre and 100.64 acre tracts; 100' Easement through Lick Creek Greenway Page 1 of2 Thence Due West -40.21 feet, continuing along said Greenway boundary line, to the most westerly comer of this described tract; Thence N 41° 44' 29" E -709.75 feet, through the said 100.64 acre tract, parallel and 30.00 feet northwest of the common boundary of the 100.64 acre and said 45.1 acre tracts, to an angle point in this described tract; Thence N 41° 45' 21" E -137.95 feet, continuing through the said 100.64 acre tract, parallel and 30.00 feet northwest of the common boundary of the 100.64 acre and said 16.7 acre tracts, to the most northerly comer of this described tract, in the common boundary of the 100.64 acre tract and that 66.32 acre tract described in deed to the City of College Station recorded in volume 4480, page 135 of the Official Public Records of Brazos County, Texas; Thence S 48° 05' 22" E -30.00 feet, along the common boundary of said 100.64 acre and 66.32 acre tracts, and that 0.36 acre tract described in Quit Claim deed recorded in volume 4443, page 17 of the Official Public Records of Brazos County, Texas, to the Point of Beginning and containing 1.6 acres ofland more or less. Bearings are Texas State Plane, Central Zone NAD83 (CORS) datum, based on City of College Station OPS monuments no. 9 and no. 138 (S 9°19' ll"W). See survey plat dated August 2015. 100' Easement through Lick Creek Greenway Page 2 of2 LEGAL NOTICE 4 DATES TO BE PUBLISHED: THURSDAYS: September 10th, 17th, 24th, and October 1st, 2015. BILL TO: Tony Michalsky Assist. Dir. of Electric Utility City of College Station P.O. Box 9960 College Station, TX 77842 (979) 764-3438 ---------------------------------------------------------------------------- NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider a resolution authorizing the establishment of a Public Utility Easement within a portion of Lick Creek Greenway for the purpose of upgrading the Spring Creek Transmission Line between the Switch Station Substation and Spring Creek Substation, and to the Greens Prairie Substation. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the City Council on Thursday, October 8, 2015. For additional information, please contact, Tony Michalsky at 979.764.3660. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989.         + /;;+44& City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0575 Name:Renee Lane - Rezoning Status:Type:Rezoning Agenda Ready File created:In control:9/22/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban for the property being a 4.322 acre tract in the Bald Prairie Subdivision, Lot 3A, in the City of College Station, Brazos County, Texas, and as recorded in Volume 6749, Page 20, of the Official Records of Brazos County, Texas, generally located between Passendale Lane and Leyla Lane. Sponsors:Lance Simms Indexes: Code sections: Attachments:Background Aerial and Small Area Map Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban for the property being a 4.322 acre tract in the Bald Prairie Subdivision, Lot 3A, in the City of College Station, Brazos County, Texas, and as recorded in Volume 6749, Page 20, of the Official Records of Brazos County, Texas, generally located between Passendale Lane and Leyla Lane. Relationship to Strategic Goals: ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their September 17, 2015 meeting and unanimously recommended approval. Staff also recommends approval. Summary: This request is to rezone the subject property from R Rural to GS General Suburban. The Unified Development Ordinance provides the following review criteria for zoning map amendments: College Station, TX Printed on 10/2/2015Page 1 of 2 powered by Legistar™ File #:15-0575,Version:1 REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as General Suburban. The Comprehensive Plan states that this designation is generally for areas that should have an intense level of development activities. These areas will tend to consist of high-density single- family residential lots (minimum 5,000 square feet). The proposed zoning permits single-family residential lots, allowing the property to be redeveloped consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The properties to the east, across Renee Lane are zoned R Rural, and developed as single-family homes on lots larger than an acre. Properties to the north, south and west are developed as single-family homes on lots that exceed 5,000 square feet, and zoned GS General Suburban. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The property has frontage to Renee Lane and is suitable for a single-family subdivision. It is surrounded by other single-family subdivisions of similar lot size. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property has frontage to Renee Lane and permits a single-family home and associated agricultural uses. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property could not be marketed as an R Rural subdivision and has limited agricultural potential as it is surrounded by single family. 6.Availability of water, wastewater, storm water, and transportation facilities generally suitable and adequate for the proposed use: Water service will be provided by City of College Station via existing 8-inch main along Renee Lane. There is an existing 8-inch sanitary sewer main along Renee Lane. The tract is in the Lick Creek Drainage Basin where the natural conveyance path drains towards Renee Lane. Access will be via Renee lane. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructures appear to currently have capacity to adequately serve the proposed use. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial & Small Area Map 3.Ordinance College Station, TX Printed on 10/2/2015Page 2 of 2 powered by Legistar™ BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: September 17, 2015 Advertised Council Hearing Date: October 8, 2015 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Edelweiss Ridge Owners Association Property owner notices mailed: 62 Contacts in support: None Contacts in opposition: None Inquiry contacts: One ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban GS General Suburban Single-family homes South General Suburban GS General Suburban Single-family homes East (Across Renee Lane) General Suburban R Rural and GS General Suburban Single-family homes West General Suburban GS General Suburban Single-family homes DEVELOPMENT HISTORY Annexation: 1995 Zoning: Property zoned A-O Agricultural Open upon annexation A-O renamed R Rural (2013) Final Plat: Bald Prairie Subdivision Final Plat (1973), Bald Prairie Subdivision Lots 1A & 3A Amending Plat (2005) ted Site development: Property is developed with a single family home. ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO GS GENERAL SUBURBAN FOR THE PROPERTY BEING BALD PRAIRIE SUBDIVISION, LOT 3A, ACCORDING TO THE PLAT RECORDED IN VOLUME 6749, PAGE 20 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, LOCATED AT 14020 RENEE LANE AND BEING MORE GENERALLY LOCATED BETWEEN PASSENDALE LANE AND LEYLA LANE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and as shown graphically in Exhibit “B”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 8th day of October, 2015 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property, is rezoned from R Rural to GS General Suburban: Bald Prairie Subdivision, Lot 3A, according to the plat recorded in Volume 6749, Page 20 of the Official Records of Brazos County, Texas ORDINANCE NO.__________________ Page 3 EXHIBIT “B” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0587 Name:BCAD appointment Status:Type:Appointment Agenda Ready File created:In control:9/28/2015 City Council Regular On agenda:Final action:10/8/2015 Title:Presentation, possible action, and discussion regarding appointments to the Brazos Central Appraisal District. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:BCAD_20150928141610.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding appointments to the Brazos Central Appraisal District. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: The terms of the board of directors of the appraisal district expire on December 31, 2015. The Council must appoint one person for a two-year term. Our current board appointee is Ronald Kaiser. Budget & Financial Summary: None Attachments: *BCAD letter College Station, TX Printed on 10/2/2015Page 1 of 1 powered by Legistar™