HomeMy WebLinkAbout06/23/2016 - 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, June 23, 2016
1. Pledge of Allegiance, Invocation, Consider absence request.
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:
·July 9, 2016 Workshop
·July 9, 2016 Regular Meeting
16-03722a.
Sponsors:Mashburn
WKSHP060916 DRAFT Minutes
RM060916 DRAFT Minutes
Attachments:
Presentation, possible action, and discussion on an interlocal
government agreement with Brazos County for the conduct and
management of the City of College Station General Election that
will be held on Tuesday, November 8, 2016. (Presentación,
posible acción y discusión acerca de un acuerdo de gobierno
interlocal con el Condado de Brazos para celebrar y administrar las
Elecciones Generales de la Ciudad de College Station a
celebrarse el día martes 8 de noviembre de 2016.).
16-03712b.
Page 1 College Station, TX Printed on 6/17/2016
June 23, 2016City Council Regular Meeting Agenda - Final
Sponsors:Mashburn
Joint Election Agr 2016
ILA-Spanish_20160614104620
Attachments:
Presentation, possible action, and discussion on the Easterwood
Airport budget and presentation, possible action and discussion on
a $141,300 funding agreement with Easterwood Airport for FY16.
16-03372c.
Sponsors:Kersten
Easterwood Airport Budget FY16
Funding Agreement FY16 Easterwood Airport
Attachments:
Presentation, possible action, and discussion regarding the
approval of a standard form of construction agreement contract
#16300439 between the City of College Station and Gomez Floor
Covering, Inc. for a total award amount of $60,823.81 for the
installation of new flooring at the Utility Customer Service building
and Fire Station #5.
16-03562d.
Sponsors:Harmon
Presentation, possible action, and discussion regarding the
purchase of vehicle detection equipment from Iteris Inc. This
equipment will replace old outdated video processors. The total
cost of this purchase is $156,630.
16-03572e.
Sponsors:Harmon
Iteris Sole Source Texas-05162016 CS.pdf
Quote Iteris Video Eq (5-16-16).pdf
Attachments:
Presentation, possible action, and discussion regarding a Letter
Agreement between the City of College Station and Ingram, Wallis
& Co., P.C. for the purposes of Professional Auditing Services in
the amount of $102,000 for the year ending September 30, 2016,
and $105,000 for the year ending September 30, 2017.
16-03672f.
Sponsors:Leonard
Audit Engagement LetterAttachments:
Presentation, possible action, and discussion regarding increasing
a blanket order with BH Media Group Holdings, Inc. (The Eagle) in
the amount of $30,000, for a new total not-to-exceed expenditure of
$78,000 for FY 2016.
16-03692g.
Sponsors:Leonard
Presentation, possible action, and discussion on a $706,186.31,
five (5) year agreement with TASER International for the purchase
and support of TASER products and services including body
16-03412h.
Page 2 College Station, TX Printed on 6/17/2016
June 23, 2016City Council Regular Meeting Agenda - Final
cameras, in-car video cameras, and data storage.
Sponsors:Couch
College Station MSPA 6-9-16 Taser ExecAttachments:
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
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 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 MF Multi -Family to T
Townhome for approximately 14.613 acres being German Acres,
Lots 4 thru 10, more generally located south of Cain Road between
Holleman Drive South and Old Wellborn Road, generally located at
3120 Holleman Drive South.
16-03081.
Sponsors:Paz
Background Information
Aerial and Small Area Map
Ordinance
Attachments:
Adjourn.
Page 3 College Station, TX Printed on 6/17/2016
City Council Regular Meeting Agenda -Final June 23, 2016
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.
A�PROV
-·�-
Ii /l_Cfy.al19
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on June 17, 2016 at 5:00 p.m. C6:fZ{ � <;t.,_.7 ./11°'-Shb City Secretary "'"'""
This building is wheelchair accessible. Persons with disabilities who plan to attend this
meeting and who may need accommodations, auxiliary aids, or services such as
interpreters, readers, or large print are asked to contact the City Secretary's Office at
(979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least
two business days prior to the meeting so that appropriate arrangements can be made .
If the City does not receive notification at least two business days prior to the meeting,
the City will make a reasonable attempt to provide the necessary accommodations.
Penal Code§ 30.07. Trespass by License Holder with an Openly Carried
Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an
Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con
Licencia.
"Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de
mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H,
Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben
entrar a esta propiedad portando arma de mano al aire libre."
College Station, TX Page4 Printed on 611712016
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0372 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:6/10/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion of minutes for:
·July 9, 2016 Workshop
·July 9, 2016 Regular Meeting
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:WKSHP060916 DRAFT Minutes
RM060916 DRAFT Minutes
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
·July 9, 2016 Workshop
·July 9, 2016 Regular Meeting
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
·July 9, 2016 Workshop
·July 9, 2016 Regular Meeting
College Station, TX Printed on 6/17/2016Page 1 of 1
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WKSHP060916 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
JUNE 9, 2016
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council: TAMU Student Liaison
Blanche Brick Wayne Beckermann, VP/Municipal Affairs,
Steve Aldrich absent
Karl Mooney, arrived after roll call
John Nichols
Julie Schultz
James Benham, arrived after roll call
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Berry at 3:34 p.m. on Thursday, June 9, 2016 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0.
2. Presentation, possible action, and discussion regarding pavement standards.
Donald Harmon, Director of Public Works, reported that the objective of this process was to reduce
street maintenance costs and implement an asset management program. They met with the
Council Transportation & Mobility Committee, P&Z, Brazos Valley Homebuilders Association,
and the Texas Asphalt Paving Association, among others. In College Station, there are typically
two pavement types: flexible pavement (hot mix asphalt concrete) and rigid pavement (Portland
Cement concrete). Existing street inventory is almost 80% hot mix. Pavement failures are either
structural due to heavy trucks and construction traffic or due to material failure due to water
infiltration into the base/subgrade, which impacts the capability to withstand/transfer loads.
Current pavement standards are determined by an ESAL – equivalent single axle load. Our
WKSHP060916 Minutes Page 2
ESAL’s are not equivalent. Our maximum allowable design ESAL’s show that rigid pavement is
over 3.5 times as many for residential and over 9.5 times as many for a minor collector. Design
periods show that rigid pavement is approximately three times the life of flexible pavement. A
maintenance schedule based on a 30-year life cycle was discussed. He noted that initial
construction cost for rigid pavement were higher than flexible pavement, but maintenance costs
for rigid pavement were lower than flexible pavement. He concluded that life cycle costs for rigid
pavement were lower than flexible pavement. Mr. Harmon presented three options: 1) Require
existing rigid pavement minimum standards for residential and collector streets; 2) Require
existing rigid pavement minimums for collector streets only and increase minimum pavement
standard for residential flexible pavement to reflect a 30-year design life; or 3) Require existing
rigid pavement minimums for collector streets only and increase minimum pavement standard for
residential flexible pavement to reflect a 20-year design life.
Council consensus was to do concrete on collector streets and for staff to work with the
Homebuilders Association on the costs related to residential streets.
3. Presentation, possible action, and discussion regarding the capital projects required over
the next 10 years for wastewater system capacity.
David Coleman, Director of Water Services, reported that we are nearing capacity in both our large
trunk collection lines and our treatment plants at the same time. This has created a very large
capital project requirement over the next ten years and will require a much larger than normal
annual capital investment. Impact fees were proposed in 2011, but not adopted, resulting in a loss
of $7 million. Planning level cost estimates are $120-$143 million over the next ten years for
capital projects for capacity. Wastewater CIP projects are essential for continued growth. He
stated that the first goal is to reduce or defer the capital costs; the second goal is to find
alternative/additional funding source.
4. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, the College
Station City Council convened into Executive Session at 5:04 p.m. on Thursday, June 9, 2016 in
order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:
Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court
of Brazos County, Texas
B. Consultation with Attorney to seek legal advice; to wit:
Legal issues related to the use of park property for detention purposes
The Executive Session adjourned at 5:53 p.m.
5. Take action, if any, on Executive Session.
There was no action required from Executive Session.
WKSHP060916 Minutes Page 3
6. Presentation, possible action, and discussion, and a joint meeting of the Planning and
Zoning Commission and the City Council regarding the 2016 Planning and Zoning
Commission Plan of Work.
Jane Kee, Chair, Planning and Zoning Commission, presented the Plan of Work for 2016. She
noted that the Planning and Zoning Commission met for a retreat scheduled, in part, to develop
its 2016 Plan of Work. The Plan is divided into four sections: Comprehensive Plan items (such
as review/implementation of adopted plans, impact fees, etc.), neighborhood integrity (such as
traffic calming, student housing, etc.), UDO regulatory items (such as the Wellborn zoning
districts, sign ordinance, off-street parking requirements, etc.), and on-going items (pre-
application conference survey, pre-application conference quarterly reports, and economic
development updates).
7. Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2b, 2k, 2l, an 2w were pulled for clarification.
(2b): Billy Couch, Assistant Chief of Police, explained the serious issue of public urination and
defecation, particularly in the Northgate area. There is no law in Texas that addresses pub lic
urination and this will aid in addressing public health and safety.
(2h): Alison Pond, Director of Human Resources, explained the need for the employee clinic
to help in balancing benefit costs. Sam Fulton said there will be a dedicated physician available
to the physician’s assistant. The clinic will be for employees and dependents.
(2k) & (2l): Alan Gibbs, City Engineer, clarified the public hearings are to meet state law and
are scheduled for July 14. A broader update is scheduled for July 28 as well.
(2w): Representatives of the Health Department explained that the State has updated the rules,
and this is a matter of cleaning up the ordinance.
8. Council Calendar
Council reviewed the calendar.
9. Presentation, possible action, and discussion on future agenda items: a Councilmember
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Councilmember Benham requested a presentation on re-forming a multi-jurisdictional drug task
force.
Councilmember Brick asked for a workshop on creating a standing committee that would focus on
capital improvement projects.
WKSHP060916 Minutes Page 4
10. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee,
Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board
of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health
Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of
Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and
Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic
Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee,
Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review
Committee, Landmark Commission, Library Board, Metropolitan Planning Organization,
Parks and Recreation Board, Planning and Zoning Commission, Research Valley
Partnership, Research Valley Technology Council, Regional Transportation Committee for
Council of Governments, Sister Cities Association, Transportation and Mobility Committee,
TAMU Student Senate, Texas Municipal League, Twin City Endowment, YMCA, Youth
Advisory Council, Zoning Board of Adjustments,
Mayor Berry reported on the MPO and the COG.
Councilmember Aldrich reported on the IGC, the Arts Council, the BioCorridor Board of
Adjustments, and the Chamber of Commerce..
Councilmember Brick reported on the Transportation Committee.
Councilmember Nichols reported on the Board of Health and the CVB.
11. Adjournment
There being no further business, Mayor Berry adjourned the workshop of the College Station City
Council at 6:58 p.m. on Thursday, June 9, 2016.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
RM060916 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
JUNE 9, 2016
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council: TAMU Student Liaison
Blanche Brick Wayne Beckermann, VP/Municipal Affairs
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff: TAMU Student Liaison
Kelly Templin, City Manager Wayne Beckermann, VP/Municipal Affairs
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 to
order by Mayor Berry at 7:08 p.m. on Thursday, June 9, 2016 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.
Hear Visitors Comments
Frank Duchmasclo, 1004 Woodhaven, provided the Council with pictures of a Senior Center in
Caldwell. He wanted to show what Caldwell is doing for their senior citizens. The College Station
center is about 3,000 square feet, and the center in Caldwell is 7,000 square feet.
Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Pfc.
Ervin Dervishi.
RM060916 Minutes Page 2
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
May 16, 2016 Workshop
May 16, 2016 Regular Meeting
2b. Presentation, possible action, and discussion on Ordinance 2016-3775, amending
Chapter 7, “Health and Sanitation”, Section 7-2 “Unlawful conduct related to Health
and Safety” of the Code of Ordinances of the City of College Station, Texas, by
adding Section (A) (11) "Public Urination and Defecation", as set out below; providing
a severability clause; declaring a penalty; and providing an effective date.
2c. Presentation, possible action, and discussion on approval of Resolution 06-09-16-2c,
approving the grant application for Hotspot Technology to the Office of the Governor.
2d. Presentation, possible action, and discussion regarding approval of a Professional
Services Contract (Contract No. 16300228) with Jones & Carter, Inc. in the amount of
$177,000 for the design, bidding, and construction phase services for the State Highway 6
Water Line Project Phases I and II and approval of Resolution 06-09-16-2d, declaring
intention to reimburse certain expenditures with proceeds from debt.
2e. Presentation, possible action, and discussion on a Professional Services Contract
(Contract No. 16300403) with Brown Reynolds Watford Architects in the amount of
$52,120 for the professional services related to the design of the Traffic Operations
Renovation (part of the ITS Master Plan Implementation project).
2f. Presentation, possible action, and discussion regarding the purchase of 10 traffic
signal cabinets from Paradigm Traffic Systems Inc. for $90,980. These cabinets will
replace TS-1 cabinets in the system in order to provide functionalities with the new
Intelligent Transportation System.
2g. Presentation, possible action, and discussion on Semi-Annual Report
for Impact Fees 92-01, 97-01, 97-02B, 99-01, and 03-02.
2h. Presentation, possible action, and discussion to approve a contract between the City of
College Station and CHI St. Joseph Health for the annual amount not to exceed $465,688.60
to provide Employee Health Clinic services and operations management.
2i. Presentation, possible action, and discussion concerning the passage and approval
of Ordinance 2016-3776 of the City of College Station, Texas, approving a negotiated
settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy
Corp., Mid-Tex Division, regarding the Company's 2016 rate review mechanism filings and
approving a settlement agreement with attached rate tariffs and proof of revenues.
2j. Presentation, possible action, and discussion on Resolution 06-09-16-2j, authorizing the
City Manager or his designees as authorized officials to execute documents necessary for the
RM060916 Minutes Page 3
submission of the SWAT Night Vision Equipment Grant application, for Criminal Justice
Division funds from the Office of the Governor.
2k. Presentation, possible action, and discussion regarding approving Resolution 06-09-16-
2k, setting a public hearing to consider land use assumptions and capital improvement plan
for roadway impact fees.
2l. Presentation, possible action, and discussion regarding approving Resolution 06-09-16-2l,
setting a public hearing date to consider land use assumptions and capital improvement plan
for water and wastewater impact fees.
2m. Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with
Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice, 2016
Justice Assistance Grant (JAG).
2n. Presentation, possible action, and discussion regarding the renewal of the annual city
wide land surveying services and civil engineering services contracts between the City of
College Station and Joe Orr, Inc. and Binkley & Barfield, Inc. for a total amount of $100,000.
2o. Presentation, possible action, and discussion on a five (5) year lease agreement with Texas
Commercial Waste for refuse containers with an annual estimated cost of $198,456.
2p. Presentation, possible action, and discussion on approving a Signal Interconnect
Agreement between Union Pacific Railroad and the City of College Station which will allow
College Station to construct, maintain and operate a new signal facility at Greens Prairie
Trail’s At-Grade Road Crossing Intersection.
2q. Presentation, possible action, and discussion regarding the award of RFQ 16-041 to GDS
Associates, Inc. in the amount of $80,000 for Electric NERC compliance consulting services.
2r. Presentation, possible action, and discussion on a bid award for annual price agreements
for various electrical items to be stored in inventory as follows: KBS Electric Distributors:
$97,493, Stuart C. Irby: $31,802; Graybar Electric: $55,135.30; Techline, Inc.: $244,126.75;
Schweitzer Engineering Laboratories Inc.: $36,900. Total estimated annual expenditure is
$465,457.05.
2s. Presentation, possible action, and discussion on a bid award for the purchase of three (3)
145kV potential transformers and three (3) Outdoor Breakers, which will be maintained in
electrical inventory and expended as needed. The total recommended award is $94,422 and
will be awarded by line item to the lowest responsible bidders.
2t. Presentation, possible action, and discussion on a bid award for the annual price
agreement for electric meters and sockets, to be stored in inventory, as follows: Priester-Mell
& Nicholson: $160,891.14; KBS Electrical Distributors: $12,465; Anixter: $117,000. Total
estimated annual expenditure is $290,356.14.
RM060916 Minutes Page 4
2u. Presentation, possible action, and discussion on Resolution 06-09-16-2u, amending the
authorized representatives on the local government pool account, TexPool.
2v. Presentation, possible action, and discussion on Resolution 06-09-16-2v, amending the
authorized representatives on the local government pool account, Texas Short Term Asset
Reserve (“TexSTAR”).
2w. Presentation, possible action, and discussion on Ordinance 2016-3777, amending
Chapter 7 “Health and Sanitation” of the Code of Ordinances, Section 7.5 “Food
Establishments”, and repealing Section 7.8 “Food Establishment Sanitation”.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion approving Ordinance 2016-
3778, vacating and abandoning a 3882.61 square foot, 20-foot wide public utility easement,
which is located on the common property line of Lots 27 & 28 of Block 7 of the Williams
Creek Subdivision Phase 6 according to the plat recorded in Volume 11426, Page 67 of the
Official Records of Brazos County, Texas.
Carol Cotter, Planning and Development, reported that this public utility easement abandonment
accommodates future development of the tract. There are no public or private utilities in the subject
portion of the easement to be abandoned.
Staff recommends approval
At approximately 7:17 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:17 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Mooney, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2016-3778,
vacating and abandoning a 3882.61 square foot, 20-foot wide public utility easement, which is
located on the common property line of Lots 27 & 28 of Block 7 of the Williams Creek Subdivision
Phase 6 according to the plat recorded in Volume 11426, Page 67 of the Official Records of Brazos
County, Texas. The motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion regarding Resolution 06-09-
16-02, granting conditional consent to form up to five municipal utility districts in the City’s
Extraterritorial Jurisdiction, generally located along Peach Creek between FM 2154 and
State Highway 6 South.
RM060916 Minutes Page 5
Lance Simms, Director of Planning and Development Services, reported that the City recently
received a petition to form up to five municipal utility districts (MUDs) in the City’s ETJ. Since
the proposed MUDs are located within the City’s ETJ, the City’s consent is needed for the
applicant to pursue approval of the MUDs through the Texas Commission on Environmental
Quality. The proposed MUDs will develop, operate, maintain, and issue bonds for financing the
construction of needed infrastructure (water, sewer, drainage, and streets) for the districts and levy
and assess a tax on property within the districts to pay operational and maintenance expenses
associated with the planned infrastructure. P&Z voted unanimously to recommend approval, and
staff recommends approval as well.
At approximately 7:58 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:58 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Aldrich, the City Council seven (7) for and none (0) opposed, to adopt Resolution 06-09-16-02,
granting conditional consent to form up to five municipal utility districts in the City’s
Extraterritorial Jurisdiction, generally located along Peach Creek between FM 2154 and State
Highway 6 South. The motion carried unanimously.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3779, amending the Comprehensive Plan - Future Land Use & Character Map from
Restricted Suburban to General Commercial and Suburban Commercial for approximately
nine acres located at 15797 FM 2154, more generally located north of the Crossroad Woods
Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail.
Jessica Bullock, Planning and Development, reported that the applicant is requesting the proposed
future land use amendment from Restricted Suburban to General Commercial and Suburban
Commercial. The site is currently developed as Crossroads Self Storage, which began to develop
prior to annexation. In order to continue expansion, a land use amendment and rezoning are
required. The applicant requests both General Commercial and Suburban Commercial to allow for
the existing use and to be sensitive to adjacent residential properties.
At approximately 8:04 p.m., Mayor Berry opened the Public Hearing.
Crissy Hartl, Mitchell & Morgan, addressed this item and item 4 and provided information on
future land uses and zoning changes.
There being no further comments, the Public Hearing was closed at 8:11 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Benham, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2016-3779,
amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban
to General Commercial and Suburban Commercial for approximately nine acres located at 15797
FM 2154, more generally located north of the Crossroad Woods Subdivision near intersection of
Wellborn Road (FM 2154) and Greens Prairie Trail. The motion carried unanimously.
RM060916 Minutes Page 6
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016-
3780, 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 PDD Planned Development District for
approximately nine acres being situated in the Samuel Davidson League, Abstract NO. 13,
Brazos County, Texas. Said tract being the remainder of a called 5 acre tract of land as
described by a deed to Rose E. Logan recorded in Volume 314, Page 708 of the Deed Records
of Brazos County, Texas, and being situated in the Samuel Davidson League, Abstract NO.
13, College Station, Brazos County, Texas. Said tract being all of a called 3.78 acre tract of
land as described by a deed to South Wellborn, LTD recorded in Volume 7043, Page 90 of
the Official Public Records of Brazos County, Texas, generally located at 15797 FM2154,
north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154)
and Greens Prairie Trail.
Jessica Bullock, Planning and Development, reported that the applicant is requesting a Planned
Development District zoning on approximately nine acres for a nonconforming use that began
construction prior to annexation. The site is currently developed as Crossroads Self-Storage. The
PDD will use General Commercial and Suburban Commercial as base zoning districts. The
associated concept plan shows existing buildings and areas for further expansion. General
Commercial will be used on the northern portion of the site and Suburban Commercial will be
used on the southern portion in order to be sensitive to adjacent single-family uses.
At approximately 8:14 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:14 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Benham, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2016-3780,
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 PDD Planned Development District for approximately nine acres being
situated in the Samuel Davidson League, Abstract NO. 13, Brazos County, Texas. Said tract being
the remainder of a called 5 acre tract of land as described by a deed to Rose E. Logan recorded in
Volume 314, Page 708 of the Deed Records of Brazos County, Texas, and being situated in the
Samuel Davidson League, Abstract NO. 13, College Station, Brazos County, Texas. Said tract
being all of a called 3.78 acre tract of land as described by a deed to South Wellborn, LTD recorded
in Volume 7043, Page 90 of the Official Public Records of Brazos County, Texas, generally
located at 15797 FM2154, north of the Crossroad Woods Subdivision near intersection of
Wellborn Road (FM 2154) and Greens Prairie Trail. The motion carried unanimously.
RM060916 Minutes Page 7
5. Adjournment.
There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council
at 8:14 p.m. on Thursday, June 9, 2016.
________________________
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:116-0371 Name:Election ILA
Status:Type:Contract Consent Agenda
File created:In control:6/8/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion on an interlocal government agreement with Brazos
County for the conduct and management of the City of College Station General Election that will be
held on Tuesday, November 8, 2016. (Presentación, posible acción y discusión acerca de un
acuerdo de gobierno interlocal con el Condado de Brazos para celebrar y administrar las Elecciones
Generales de la Ciudad de College Station a celebrarse el día martes 8 de noviembre de 2016.).
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:Joint Election Agr 2016
ILA-Spanish_20160614104620
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on an interlocal government agreement with Brazos
County for the conduct and management of the City of College Station General Election that will be
held on Tuesday,November 8,2016.(Presentación,posible acción y discusión acerca de un
acuerdo de gobierno interlocal con el Condado de Brazos para celebrar y administrar las Elecciones
Generales de la Ciudad de College Station a celebrarse el día martes 8 de noviembre de 2016.).
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Staff recommends approval.
Summary:A General Election will be held on November 8,2016 for the purpose of electing a Mayor
and City Councilmember,Place 2.(Se celebrarán Elecciones Generales el 8 de noviembre de 2016
con el propósito de elegir a alcade y miembro del Consejo de la Ciudad, Puesto número 2 .)
Budget &Financial Summary:The Brazos County Clerk provided a conservative estimate of
$110,000 for this year’s election.The cost will be split among the entities on the ballot.This does
not include the cost to publish the Notice of Election.The Notice must be published in English and
Spanish and must appear in The Eagle and La Voz.(El Oficial del Condado de Brazos realizó un
cálculo conservador de $110,000 para las elecciones de este año.El costo se dividirá entre las
entidades indicadas en la boleta de votación.Este cálculo no incluye el costo de publicar la
Notificación de las Elecciones.La Notificación deberá ser publicada en inglés y en español y deberá
aparecer en los periódicos The Eagle y La Voz.)
College Station, TX Printed on 6/17/2016Page 1 of 2
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File #:16-0371,Version:1
Attachments:
Interlocal Agreement with Brazos County (Acuerdo Interlocal con el Condado de Brazos)
College Station, TX Printed on 6/17/2016Page 2 of 2
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INTERLOCAL GOVERNMENT AGREEMENT
Joint Election
This agreement is made this _____ day of ___________________, 2016, by and between Brazos County
(“the County”) and the City of College Station (“the City”).
WHEREAS, Brazos County will conduct a general election on Tuesday, November 8, 2016; and
WHEREAS, the City of College Station will call for a general municipal election to be held
within the city limits of College Station, Texas, on November 8, 2016; and
WHEREAS, Brazos County and the City of College Station will hold elections on the same day;
and
WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective
and convenient for the voters of the entities;
NOW, THEREFORE, IT IS AGREED that a joint election will be held by the County and the
City under the following terms and conditions, and the parties hereto agree with said conditions:
1. That there shall be one ballot that contains all appropriate races and propositions available for
qualified voters of the two entities.
2. That there shall be one set of voting equipment to be used at the common polling places.
3. That election forms be used and records be maintained in a manner convenient and adequate
to record and report the results of the election for the County and the City.
4. That the joint tabulation of the precinct results shall be in a manner to facilitate the
independent canvass of returns by the two entities.
5. That each entity shall be responsible for the preparation, publication and Spanish translations
of its own Notice of Election and Order of Election.
6. That the implementation, conduct and management of said election shall be by the Brazos
County Clerk. The Brazos County Clerk is hereby designated as the Chief Election Official
and Early Voting Clerk for the two entities for the elections to be held on November 8, 2016.
The implementation, conduct and management of the election shall include, but not be
limited to:
A. The securing of qualified individuals to serve as election judges for each polling
place.
B. The securing of locations and facilities where the election is to be conducted.
C. The securing of the election materials and supplies requisite to the proper
administration of the election, and the programming and preparation of DRE voting
equipment to be used in the election.
D. The securing of a contract with an independent, qualified contractor for election
services and supplies.
E. The Brazos County Clerk will be responsible for the conduct of joint early voting by
personal appearance and by mail, with the City Secretary serving as Joint Early
Voting Clerk.
7. The amount to be paid by the City to the County for services rendered by the County in the
November 8, 2016, election is:
A. Brazos County will first fund all costs in full, other than the publication of each
entity’s Notice of Election.
B. The City of College Station will reimburse the County for certain costs as follows:
1. One-fifth (1/5) the cost for payment of the early voting election workers.
2. One-fifth (1/5) the cost paid to an independent, qualified contractor for election
services and supplies.
3. Each entity shall fund one-fifth (1/5) the expenses of the election day polling
places at vote centers as approved by the Secretary of State’s Office.
4. One-fifth (1/5) of the cost of publication for all jointly required notices.
5. The cost of rental of two (2) DRE voting equipment used in the precinct in which
the City has items appearing on the ballot for that precinct.
6. One-fifth (1/5) the cost of the Early Ballot Board, Central Counting Station, the
tabulation supervisor and data processing manager.
7. Administrative fee of 10% for the City’s portion of expenses as allowed in the
Texas Election Code.
8. Should any of the five governmental entities that hold elections on the uniform election date
(Brazos County, City of Bryan, City of College Station, Bryan ISD, College Station ISD)
cancel all or part of their elections, then the distribution of expenses above shall be prorated
accordingly.
9. The financial obligations of the parties under this agreement are payable from current
revenues of the respective parties.
10. That the undersigned are the duly authorized representatives of the parties’ governing bodies,
and their signatures represent adoption and acceptance of the terms and conditions of this
agreement.
APPROVED AND AGREED this ______ day of __________________________, 2016.
BRAZOS COUNTY
_________________________________________
Karen McQueen, County Clerk
CITY OF COLLEGE STATION
______________________________________ ______________________________________
Nancy Berry, Mayor Carla Robinson, City Attorney
Attest:
______________________________________
Sherry Mashburn, City Secretary
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0337 Name:Easterwood Funding Agreement
Status:Type:Presentation Consent Agenda
File created:In control:5/23/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion on the Easterwood Airport budget and presentation,
possible action and discussion on a $141,300 funding agreement with Easterwood Airport for FY16.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:Easterwood Airport Budget FY16
Funding Agreement FY16 Easterwood Airport
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on the Easterwood Airport budget and presentation, possible
action and discussion on a $141,300 funding agreement with Easterwood Airport for FY16.
Recommendation(s):Staff recommends approval of the Easterwood Airport budget and the funding
agreement for FY16.
Summary:As part of the 2015-2016 budget process the City Council approved funding for Easterwood
Airport from the Hotel Occupancy Tax Fund.
The mission of Easterwood Airport is to provide a gateway to the world for the students,faculty,and the
staff of Texas A&M University,and the citizens of the Research Valley.Easterwood Airport fulfills this
mission by operating commercial and general aviation terminals and airfield to the highest standards of
the University,the Federal Aviation Administration and the Transportation Security Administration.The
budget for Easterwood Airport would function as payment to the Airport in recognition of expenses it
incurs in its ongoing efforts to support tourism in the City of College Station.
Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2015-
2016 Hotel Tax Fund budget.A total of $141,300 is to be used for advertising and conducting solicitations
and promotional programs to attract tourists and convention delegates or registrants to the municipality
or its vicinity;for expenses,including promotion expenses,directly related to a sporting event in which
the majority of participants are tourists who substantially increase economic activity at hotels and motels
within the municipality or its vicinity.
State law requires that the City Council adopt the budget of any organization that is to be funded through
the Hotel Occupancy Tax funds.
Attachments:
1.Easterwood Airport Budget
2. Easterwood Airport Funding Agreement
College Station, TX Printed on 6/17/2016Page 1 of 1
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REVENUE:
City of College Station Hotel Tax
Funding 141,300$
TOTAL REVENUE 141,300$
EXPENSES:
Athletic Event Marketing 20,700
Advance Targeting Networks 20,000
Search
Advertising(Google/Yahoo/Bing)9,600
Flight Path Advertising 20,000
Digital Directory 12,000
Creative Content update 5,000
Web Design 16,000
Web Language Translation 5,500
Airport Branding Marketing 17,500
"Free Flight" art relocation 15,000
TOTAL EXPENSES 141,300$
EASTERWOOD AIRPORT LLC
HOTEL TAX FUNDED BUDGET
FISCAL YEAR 2016
FUNDING AGREEMENT PROVIDING FOR THE PAYMENT AND USE OF
HOTEL TAX
THIS AGREEMENT made between the CITY OF COLLEGE STATION, a Home Rule
Municipal Corporation incorporated under the State of Texas (hereinafter referred to as the “City”),
and EASTERWOOD AIRPORT MANAGEMENT, LLC (hereinafter referred to as the
“Agency”):
WHEREAS, Texas Tax Code §§351.002 and 351.003(a) authorize City to levy by ordinance
a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, City has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of College Station of seven percent (7%); and
WHEREAS, Texas Tax Code §351.101 authorizes City to use revenue from its municipal
hotel occupancy tax to promote tourism and the convention and hotel industry, yet limits such
revenue use for furnishing of facilities, personnel and materials for the registration of convention
delegates or registrants; for advertising and conducting solicitations and promotional programs to
attract tourists and convention delegates or registrants to the municipality or its vicinity; for
expenses, including promotion expenses, directly related to a sporting event in which the majority of
participants are tourists who substantially increase economic activity at hotels and motels within the
municipality or its vicinity; and
WHEREAS, Agency is well equipped to perform those activities; and
WHEREAS, Texas Tax Code §351.101(c) authorizes City to delegate by contract with
Agency; as an independent entity, the management or supervision of programs and activities of the
type described hereinabove funded with revenue from the municipal hotel occupancy tax;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants
and promises contained herein, City and Agency agree and contract as follows:
ARTICLE I
DEFINITIONS
1.1 The term “Agency” shall mean the Easterwood Airport Management LLC to which the City
has delegated the management or supervision of programs and activities funded with Hotel Tax
Revenue.
1.2 The term “City” shall mean the City of College Station, in the County of Brazos, and the State
of Texas.
1.3 The term “Contract Quarter” shall refer to any quarter of the contract year in which this
Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and
September 30th, of each contract year.
1.4 The term “Financial Activity Report” shall mean a report consisting of financial schedules
including a summary of revenues and expenditures for the current Contract Quarter as well as for
the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City
on the forms attached herein as Exhibit A or in a form agreed upon by Agency and City.
1.5 The term “Narrative Summary of Activity Report” shall mean a quarterly summary report of
Agency activities including a summary of how funds from City have been utilized to accomplish the
Agency’s work to be submitted to the City on the form attached herein as Exhibit B or in a form
agreed upon by Agency and City.
1.6 The term “Performance Measure Report” shall mean the quarterly report to determine the
levels of service that are being provided by Agency to be submitted to the City on the form attached
herein as Exhibit C or in a form agreed upon by Agency and City.
1.7 The term “Expenditure Report” shall mean a quarterly report listing the expenditures made by
the Agency with Hotel Tax Revenue pursuant to Texas Tax Code §§351.101 and 351.108.
1.8 The term “Reimbursement Request Form” shall mean the form documenting and certifying
expenses incurred within each quarterly reporting period by Agency to be submitted to the City on
the form attached herein as Exhibit F.
1.9 The term “Hotel Tax Revenue” shall mean the gross monies collected and received by the
City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a
room in a hotel, pursuant to Texas Tax Code 351.003 (a) and City Ordinance. Hotel tax revenue
will include penalty and interest related to the late payments of the tax revenue by the taxpayer.
ARTICLE II.
HOTEL TAX REVENUE PAYMENT
2.1 Consideration and Payment. During the City’s Fiscal Year Budget 2015-2016, City shall
reimburse Agency a portion of the Hotel Tax Revenue collected by City in an amount not to exceed
ONE HUNDRED FOURTY-ONE THOUSAND THREE HUNDRED AND NO/100 ($141,300)
for services and expenditures as referenced in Article III of this Agreement. Operating expenses
eligible under Hotel Tax regulations will be considered for reimbursement provided the following:
(a) the City receives the Reimbursement Request Form, and;
(b) funds are available. Payment will be made annually as a reimbursement for services
and expenditures already incurred by Agency. Agency shall submit its application for
reimbursement to the City, along with supporting documentation and the City shall
reimburse Agency for its services no later than thirty (30) calendar days from the date of
the City’s receipt and the City’s approval of the application for reimbursement.
2.2 No funds will be reimbursed until City receives the Reimbursement Request Form along with
all required receipts, bills, payroll records, canceled checks and other proofs of expenditures, as
determined by City, in its sole discretion. The final request for reimbursement must be received by
City on or before October 14, 2016. After that date, unexpended funds may be reallocated.
Unexpended funds will remain in the possession of the City.
2.3 Other limitations regarding consideration.
(a) It is expressly understood that this contract in no way obligates the General Fund or
any other monies or credits of City.
(b) City may withhold further allocations if City determines that Agency’s expenditures
deviate materially from their approved budget subject to § 4.1 hereof or if the reports required
herein are not submitted in a complete and timely manner.
ARTICLE III
USE OF HOTEL TAX REVENUE
3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed
payments of Hotel Tax Revenue specified above, Agency agrees to use such Hotel Tax Revenue for
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; for expenses, including promotion
expenses, directly related to a sporting event in which the majority of participants are tourists who
substantially increase economic activity at hotels and motels within the municipality or its vicinity
The City Council and City Manager and/or their designees shall have the right to attend Agency
events or promotional programs as representatives of the City at no additional cost to the City to
promote tourism and the convention and hotel industry.
3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent
for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative
costs only if those administrative costs are incurred directly in fulfilling a purpose described in § 3.1
above.
3.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of Agency for which Hotel Tax Revenue
may be used shall not exceed that portion of Agency’s administrative costs actually incurred in
conducting the activities specified in §3.1 above.
(b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or
conduct an activity the primary purpose of which is not directly related to the promotion of tourism
and the convention and hotel industry or the performance of the person’s job in an efficient and
professional manner.
(c) Agency will provide athletic events marketing, advanced targeting networks, search
advertising via Google/Yahoo/Bing), flight path advertising, airport branding marketing, web
design and web language translation, a digital directory and “Free Flight” art relocation at
Easterwood Airport.
ARTICLE IV
RECORDKEEPING AND REPORTING REQUIREMENTS
4.1 Budget.
(a) Prior to execution of this Funding Agreement, Agency shall submit to the City
Manager of City the Agency’s current, fiscal year’s budget to be approved by the City Council for
such operations of Agency funded by Hotel Tax Revenues. This budget shall specifically identify
proposed expenditures of Hotel Tax Revenue by Agency. In other words, City should be able to
audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate
account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set
forth in Article II of this Agreement during any program year of this Agreement unless a budget for
such respective program year has been approved in writing by the College Station City Council.
Approval of the budget by the City Council shall not preclude the Agency from reasonably
reallocating funds within the budget among line items to meet changing conditions. Such reallocation
shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be
considered a breach of contract, and if not remedied is considered grounds for termination of this
Agreement as stated in § 6.2 of this agreement.
(b) Agency acknowledges that the approval of such budget by the College Station City
Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to
Agency under this Agreement. Agency shall expend Hotel Tax funds only in the manner and for the
purposes specified in this Agreement, Texas Tax Code §351.101(a), and in the budget as approved by
City.
4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a
separate account, or with segregated fund accounting, such that any reasonable person can ascertain
the revenue source of any given expenditure.
4.3 Financial Records. Agency shall maintain complete and accurate financial records of each
expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted
funds for audited financial purposes.
4.4 Upon written request of the College Station City Council, or other person, Agency shall make
such financial records available for inspection and review by the party making the request. Agency
understands and accepts that all such financial records and any other records relating to this
Agreement shall be subject to the Public Information Act, Texas Government Code, Chapter 552, as
hereafter amended.
4.5 Quarterly Reports. Agency shall submit the following Activity Reports to the City on a
quarterly basis as provided in this Agreement. §4.5(a-d) shall also apply specifically to the
expenditure of funds by Agency as noted in §2.1(b)
(a) Financial Activity Report.
(b) Narrative Summary of Activity Report
(c) Performance Measure Report.
(d) Expenditure Report.
Agency shall respond promptly to any request from the City Manager of City, or his designee,
for additional information relating to the activities performed under this Agreement.
4.6 The Financial Activity Report, Performance Measure Report, Narrative Su mmary and
Expenditure Report shall be submitted to the City within thirty (30) days of the end of each
Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each
contract year.)
4.7 A copy of the Agency’s annual financial audit shall be made available to City no later than
thirty (30) days following Agency’s receipt of same.
4.8 The City shall conduct a monitoring review of the Agency as deemed necessary by the
City so as to evaluate Agency's compliance with the provisions of this Agreement. Said
monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-
four (24) hours in advance of such review and a brief description of how that review is to be
conducted.
4.9 If requested, Agency shall make an annual report and presentation to the City Council.
4.10 Agency shall maintain such records, accounts, reports, files or other documents for a
minimum of three (3) years after the expiration of this agreement. City’s right to access Agency’s
files shall continue during this 3 year period and for as long as the records are retained by Agency.
ARTICLE V
AGENCY MEETINGS
5.1 Agency shall provide the City Manager with an agenda of all regular and non-regular
Board meetings five (5) days prior to the meeting with information as to the date, time and place
of meeting. If a non-regular meeting is scheduled, Agency shall immediately notify the City
Manager of non-regular meeting. Said notification should be in writing via facsimile or e-mail; or
orally by telephone, depending on Agency’s own notification of the Board meeting.
5.2 Agency shall submit minutes of each Board of Directors meeting to the City Manager
within ten (10) days after approval of the minutes.
ARTICLE VI
TERM AND TERMINATION
6.1 Term. The term of this Agreement shall commence on October 1, 2015 and terminate at
midnight on October 31, 2016. However, the program period shall commence on October 1, 2015
and terminate at midnight on September 30, 2016. Only those expenditures authorized by Chapter
351 of the Texas Tax Code which are actually incurred or contractually obligated during the program
period, for events and activities taking place within the program period, are eligible for funding under
this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon
termination of the Agreement.
6.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this Agreement is terminated by either party pursuant to §6.2(a) of this
agreement, City agrees to reimburse Agency for any contractual obligations undertaken by
Agency in satisfactory performance of those activities specified in hereinabove and that were
approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned
upon such contractual obligations having been incurred and entered into in the good faith
performance of those services contemplated in §§3.1 and 3.2 above.
(c) Further, upon termination pursuant to §6.2(a) of this agreement, the Agency will
provide CITY:
(1) Within ten (10) business days from the termination notification, a short-
term budget of probable expenditures for the remaining sixty (60) day period between
termination notification and contract termination. This budget will be presented to Council
for approval within ten (10) business days after receipt by City. If formal approval is not
given within ten (10) business days and the budget does not contain any expenditures that
would be prohibited by the Texas Tax Code, and is within the current contractual period
approved budget; the budget will be considered approved;
(2) Within thirty (30) days, a full accounting of all expenditures not previously
audited by City;
(3) Within five (5) business days of a request from City, a listing of
expenditures that have occurred since the last required reporting period;
(4) A final accounting of all expenditures and tax funds on the day of
termination. Agency will be obligated to return any unused funds or funds determined to
be used improperly. Any use of remaining funds by Agency after notification of
termination is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in §§ 3.1 and 3.2
above.
6.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence
of any of the following events:
(a) The termination of the legal existence of Agency;
(b) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily
or involuntarily, or an assignment by Agency for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either City or Agency for more than thirty (30) days after written notice of such breach is given to
the breaching party by the other party; or
(d) The failure of Agency to submit quarterly reports which comply with the reporting
procedures required herein and generally accepted accounting principles within thirty (30) days
from the date City notifies Agency of its breach of this obligation.
(e) The failure of Agency to submit a Quarterly Expenditure Report as required by
Texas Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of its
breach of this obligation.
6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of
this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination,
either party shall have the right to terminate this Agreement upon immediate notice to the other party
in the event that any person has instituted litigation concerning the activities of the non-terminating
party, and the terminating party reasonably believes that such activities are required or prohibited
under this Agreement.
6.5 In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this agreement,
Agency agrees to refund any and all unused funds, or funds determined by City to have been used
improperly, within thirty (30) days after termination of this Agreement.
ARTICLE VII
INDEMNIFICATION AND RELEASE
7.1 Agency agrees to indemnify and hold harmless the City, its officers, agents, and
employees from and against any and all loss, costs, or damage of any kind, nature, or
description that may arise out of or in connection with this Agreement whether or not the
claim or cause of action results from any negligence of the City or any of its offi cers, agents,
or employees.
7.2 Agency assumes full responsibility for the work to be performed and services to be
provided hereunder, and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from any and all claims, demands, causes of action of every kind and
character, including the cost of defense thereof, for any injury to, including death of, any
person (whether employees or agents of either of the parties hereto or third persons) and any
loss of or damage to property (whether the property is that of either of the parties hereto or
of third parties) that is caused by or alleged to be caused by, arising out of, or in connection
with the Agency’s work or services provided hereunder whether or not said claims,
demands, or causes of actions are covered in whole or part by insurance.
ARTICLE VIII
INSURANCE
8.1 Agency shall be covered by insurance as listed in Exhibit D - Insurance Coverage and
Limit Requirements.
8.2 City must be named as an additional insured on all policies (except Worker’s
Compensation) and Certificates of Insurance shall be attached herein as Exhibit E.
ARTICLE IX
GENERAL PROVISIONS
9.1 This Agreement and each provision hereof, and each and every right, duty, obligation, and
liability set forth herein shall be binding upon and inure to the benefit and obligation of City and
Agency and their respective successors and assigns.
9.2 The City and Agency attest that, to the best of their knowledge, no member of the City of
College Station City Council and no other officer, employee or agent of the City, who exercises
any function or responsibility in connection with the carrying out of the terms of this Agreement,
has any personal interest, direct or indirect, in this Agreement.
9.3 Agency covenants and agrees that, during the term of this Agreement, it will not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, national origin or disability. Agency will take affirmative action to ensure that applicants
who are employed are treated, during employment, without regard to their race, color, religion,
sex, national origin or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation and selection. Agency agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination requirement.
9.4 Agency expressly agrees that, in all solicitations or advertisements for employees placed
by or on behalf of Agency, there will be a statement that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin or
disability.
9.5 Agency certifies that it will not limit services or give preference to any person assisted
through this Agreement on the basis of religion and that it will provide no religious instruction or
counseling, conduct no religious worship or services, and engage in no religious proselytizing in
the provision of services or furnishings assisted in any way under this Agreement.
9.6 No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of both parties.
9.7 This Agreement has been made under and shall be governed by the laws of the State of
Texas.
9.8 Performance and all matters related thereto shall be in Brazos County, Texas, United States
of America.
9.9 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 organizations.
9.10 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 either 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.
9.11 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
9.12 This Agreement and the rights and obligations contained herein may not be assigned by
any party without the prior written approval of the other parties to this Agreement.
9.13 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
9.14 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties sha ll use
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the parties.
9.15 It is understood that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements, or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises, or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated
orally. No verbal agreement or conversation with any officer, agent, or employee of any party
before or after the execution of this Agreement shall affect or modify any of the terms or
obligations hereunder.
9.16 Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein. Each party
has the right to change its business address by giving at least thirty (30) days advance written
notice of the change to the other party.
9.17 Agency understands and agrees to state in all published material, announcements and
advertising regarding activities funded with City funding that the activity was made possible in
part through funding from the City of College Station. If there is not pub lished activity material, a
sign must be displayed and a verbal announcement must be made at the time of the activity.
City: City of College Station
Attn: Debra Matthews
Fiscal Services, Budget and Financial Reporting Division
1101 Texas Avenue
College Station, Texas 77840
Agency: Easterwood Airport Management LLC
Joshua Abramson Airport Manager
2501 Earl Rudder Freeway South
College Station, Texas 77845
EASTERWOOD AIRPORT MANAGEMENT LLC CITY OF COLLEGE STATION
By: By: ___________________________
Mayor
Printed Name: Date
Title:
Date:
ATTEST:
City Secretary
Date
APPROVED:
City Manager
Date
City Attorney
Date
Assistant City Manager
Date
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0356 Name:Gomez Floor Covering
Status:Type:Contract Consent Agenda
File created:In control:6/6/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion regarding the approval of a standard form of
construction agreement contract #16300439 between the City of College Station and Gomez Floor
Covering, Inc. for a total award amount of $60,823.81 for the installation of new flooring at the Utility
Customer Service building and Fire Station #5.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the approval of a standard form of construction agreement contract
#16300439 between the City of College Station and Gomez Floor Covering, Inc. for a total award amount of $60,823.81 for
the installation of new flooring at the Utility Customer Service building and Fire Station #5.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends the approval of the standard form of construction agreement contract #16300439
with Gomez Floor Covering, Inc. to provide new flooring at the Utility Customer Service building in the amount of
$55,557.74 and Fire Station #5 in the amount of $5,266.07, for a total contract award amount of $60,823.81.
Summary:In August of 2013,Faithful+Gould,Inc.conducted a site visit at the City of College Station to complete a
comprehensive facilities condition assessment of 36 building and site systems.This corrective maintenance contract
addresses some of the recommendations in the condition assessment for fiscal year 2016.The projects were selected by
prioritization of the most critical components listed in the assessment that can be completed within existing facilities
maintenance budgetary resources for FY16.This contract will follow the terms and conditions of BuyBoard Contract 476-
15.
Budget & Financial Summary: Funds are budgeted and available in the Facilities Maintenance operating budget.
Legal Review: Yes.
Attachments:
1. Contract on file in the City Secretary's Office
College Station, TX Printed on 6/17/2016Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0357 Name:Traffic Signal Detection Equipment
Status:Type:Contract Consent Agenda
File created:In control:6/6/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion regarding the purchase of vehicle detection equipment
from Iteris Inc. This equipment will replace old outdated video processors. The total cost of this
purchase is $156,630.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Iteris Sole Source Texas-05162016 CS.pdf
Quote Iteris Video Eq (5-16-16).pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the purchase of vehicle detection equipment from Iteris Inc.This
equipment will replace old outdated video processors. The total cost of this purchase is $156,630.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s):Staff recommends approving the purchase of vehicle detection equipment.This new equipment will
allow better detection of bicycles while keeping false detection of vehicles to a minimum.The processors are specifically
designed for use with Iteris cameras.
Summary:Vehicle detection is one of the most vital elements of any traffic signal operation,without precise and consistent
detection traffic delays would increase tremendously.The ITS Master Plan includes the purchase of system wide detection
for vehicles, bicycles and pedestrians to replace the old obsolete unrepairable equipment.
The detection equipment will be installed by City Staff during day to day operations and will be scheduled during times that
will minimize disruption of traffic.
Budget &Financial Summary:A budget of $5,425,000 is included for this project in the Streets Capital Improvement
Projects Fund.This project is being completed in phases and a total of $2,230,509 has been expended or committed to
date on phases I and II of the project.The funding for the project is structured to reflect the project phasing and includes
Certificates of Obligation in the amount of $4,500,000,an $850,000 reimbursement from Texas A&M University System and
$75,000 from the General Fund for the items that are not expected to be debt eligible.
Attachments:
College Station, TX Printed on 6/17/2016Page 1 of 2
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File #:16-0357,Version:1
1.Quote from Iteris Inc.
2.Sole Source Letter
College Station, TX Printed on 6/17/2016Page 2 of 2
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3755 S.Capital of Texas Highway | Suite 105 | Austin | TX | 78704 | tel. 512.217.0808 | fax 512.600.0180 | www.iteris.com
May 16, 2016
To Whom It May Concern:
Iteris, Inc. is the sole distributor of the Iteris Vantage product line which includes the
Vector sensor in the State of Texas. We are responsible for the Sales, Service,
Support and Warranty concerns in Texas. Your primary contacts here are Nader
Ayoub, P.E (naa@iteris.com), Fidel Garza (fgarza@iteris.com) and I.
Our Iteris Edge2 Processors video detection algorithms are designed specifically for
use with our Iteris Cameras.
Equipment on quote 050616-1b is to replace obsolete equipment. The new equipment
has the latest detection firmware that includes bicycle discrimination and detection.
If you have any questions with regard to our equipment line, please feel free to contact
any of us to purchase Iteris equipment or for any other engineering services we can
provide you.
Thank you for your continued support and loyalty.
Sincerely,
Kirk Barnes
Kirk Barnes, P.E.
Regional Sales Manager - Texas
Roadway Sensors - Iteris, Inc.
Cell 979.571.6120
Fax 512.600.0180
keb@iteris.com
Kirk BarnesEQUIPMENT QUOTATION1700 Carnegie Ave. Suite 100Quote #: 050616-1bSanta Ana, CA 92705-5551Phone: (979) 571-6120 Fax: (979) 731-1264email: keb@iteris.com, web site: www.iteris.comGarrett MartinekCollege Station, City of300 William King Cole Dr, College Station, TX 77842Agency: City of College StationProject Name: VariousPart NumberQty Unit Unit Price Ext. PriceEDGE2-1N-TX69 ea $1,320.00 $91,080.00SURGEPAN-TX4 ea $150.00 $600.00SURGEVAN14 ea $50.00 $700.00DINCLIP14 ea $0.00 $0.00RZ4A-WDR-PAK64 ea$900.00 $57,600.00PEL-AS0175-5-6214 ea $125.00 $1,750.00Lilliput 319GL-70NP4 ea $125.00 $500.00Y Cable4 ea $0.00 $0.00ISOCBL4000 ft $1.10 $4,400.00IMPORTANT NOTES:SUBTOTAL $156,630.00FREIGHT $0.00TAX $0.00Authorized SignitureDISCOUNT $0.00TOTAL $156,630.00Adaptor Cable for Lilliput MonitorIteris Vantage Wide Dynamic Range Color Camera Assembly (trade-in)7" Color Monitor, w/ BNC connector (for use with RZ4C cameras)Dinrail Clip for SURGEVANIteris Vantage Edge2 Processor - 1 Camera Input, 24VDC (trade-in)Pelco Signal Mast Arm Camera Bracket Extension- (Pelco P/N: AS-0175-5-62-ALO)IterisTX AC Surge Panel Video Surge Supressor with one FCABLEComposite 8281 Coax/16 AWG power cable ( 1000' spools) Pricing is for trade-in of obsolete or un-repairable equipmentgmartinek@cstx.govFax or email Purchase Orders to: Marilyn Holden, (949) 270-9441, mdh@iteris.com, please include quote number on your purchase orderFOB Shipping point, freight included, does not include insurance.May 16, 2016DescriptionQuote Terms: Net 30 days, subject to credit approval and Iteris Standard Terms & Conditions unless negotiated in writing with Iteris, Inc. prior to purchase.Prices are valid for 30 days from the date of quote unless extended in writing.Iteris, Inc. Confidential5/16/2016Page 1
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0367 Name:Professional Audit Services
Status:Type:Presentation Consent Agenda
File created:In control:6/7/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion regarding a Letter Agreement between the City of
College Station and Ingram, Wallis & Co., P.C. for the purposes of Professional Auditing Services in
the amount of $102,000 for the year ending September 30, 2016, and $105,000 for the year ending
September 30, 2017.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:Audit Engagement Letter
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding a Letter Agreement between the City of College
Station and Ingram,Wallis &Co.,P.C.for the purposes of Professional Auditing Services in the amount of
$102,000 for the year ending September 30,2016,and $105,000 for the year ending September 30,
2017.
Relationship to Strategic Goals:Financially Sustainable City
Recommendation(s):Staff recommends approval of the Agreement with Ingram,Wallis &Co.for the
fiscal year ending September 30, 2016 and September 30, 2017.
Summary:The audit services performed will be in accordance with generally accepted auditing
standards,the standards set forth for financial audits in the General Accounting Office’s (GAO)
Government Auditing Standards (2007),the provisions of the federal Single Audit Act of 1984 (as
amended in 1996),and the provisions of the U.S.Office of Management and budget (OMB)Circular A-
133,Audits of States, Local Governments, and Non-Profit Organizations.
Budget &Financial Summary:Funds are available and budgeted in the General Fund,and in the
Community Development Budget.The proposed fee for year 1 represents a $4,000 or 4%increase from
the current fee.
Reviewed and Approved by Legal:Yes
Attachments:Signed Letter Agreement
College Station, TX Printed on 6/17/2016Page 1 of 1
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Ingram,Wallis &Co.r.c.
CERTIFIED PUBLIC ACCOUNTANTS
May 31, 2016
To the Honorable Mayor and Members
Of the City Council of the City of
College Station, Texas
We are pleased to confirm our understanding of the services we are to provide to the City of College
Station, Texas (the "City") for the years ended September 30, 2016 and 2017. We will audit the financial
statements of the governmental activities, the business-type activities, each major fund, and the aggregate
remaining fund information, including the related notes to the financial statements, which collectively
comprise the basic financial statements, of the City as of and for the years ended September 30, 2016 and
2017. Accounting standards generally accepted in the United States of America provide for certain
required supplementary information (RSI), such as management's discussion and analysis (MD&A), to
supplement the City's basic financial statements. Such information, although not a part of the basic
financial statements, is required by the Governmental Accounting Standards Board who considers it to be
an essential part of financial reporting for placing the basic financial statements in an appropriate
operational, economic, or historical context. As part of our engagement, we will apply certain limited
procedures to the City's RSI in accordance with auditing standards generally accepted in the United States
of America. These limited procedures will consist of inquiries of management regarding the methods of
preparing the information and comparing the information for consistency with management's responses
to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the
basic financial statements. We will not express an opinion or provide any assurance on the information
because the limited procedures do not provide us with sufficient evidence to express an opinion or provide
any assurance. The following RSI is required by generally accepted accounting principles and will be
subjected to certain limited procedures, but will not be audited:
1. Management's Discussion and Analysis.
2. Schedule of Changes in Net Pension Liability and Related Rations — Texas Municipal
Municipal Retirement System
3. Schedule of Contributions — Texas Municipal Retirement System
4. Schedule of Funding Progress — City of College Station Employees Other Post-Employment
Benefits Plan
5. Budgetary comparison information
We have also been engaged to report on supplementary information other than RSI that accompanies the
financial statements. We will subject the following supplementary information to the auditing procedures
applied in our audit of the financial statements and certain additional procedures, including comparing
and reconciling such information directly to the underlying accounting and other records used to prepare
the financial statements or to the financial statements themselves, and other additional procedures in
T. 979.776.2600 F. 979.774.7759 E. iwcC ingram-wallis.com 2100 East Villa Maria, Suite 100 • Bryan, Texas 77802
accordance with auditing standards generally accepted in the United States of America, and we will
provide an opinion on it in relation to the financial statements as a whole:
1. Schedule of expenditures of federal awards.
2. Combining and individual nonmajor fund financial statements
3. Combining and individual nonmajor fund budgetary comparison schedules
The following other information accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements, and our auditor's report will not
provide an opinion or any assurance on that other information.
1. Introductory section
2. Statistical section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly
presented, in all material respects, in conformity with U.S. generally accepted accounting principles and
to report on the fairness of the supplementary information referred to in the second paragraph when
considered in relation to the fina.ncial statements as a whole. The objective also includes reporting on—
Internal control over financial reporting and compliance with provisions of laws, regulations,
contracts, and award agreements, noncompliance with which could have a material effect on the
financial statements in accordance with Government Auditing Standards.
Internal control over compliance related to major programs and an opinion (or disclaimer of
opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal
awards that could have a direct and material effect on each major program in accordance with the
Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance).
The Government Auditing Standards report on internal control over financial reporting and on compliance
and other matters will include a paragraph that states that (1) the purpose of the report is solely to describe
the scope of testing of internal control and compliance and the results of that testing, and not to provide
an opinion on the effectiveness of the entity's internal control or on compliance, and (2) the report is an
integral part of an audit performed in accordance with Government Auditing Standards in considering the
entity's internal control and compliance. The Uniform Guidance report on internal control over
compliance will include a paragraph that states that the purpose of the report on internal control over
compliance is solely to describe the scope of testing of internal control over compliance and the results of
that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is
not suitable for any other purpose.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States
of America; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions
of the Uniform Guidance, and will include tests of accounting records, a determination of major programs
in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to
express such opinions. We will issue written reports upon completion of our Single Audit. Our reports
will be addressed to Mayor and City Council of the City of College Station, Texas. We cannot provide
assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary
for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are
other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable
to complete the audit or are unable to form or have not formed opinions, we may decline to express
opinions or issue reports, or we may withdraw from this engagement.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting
policies used and the reasonableness of significant accounting estimates made by management, as well as
evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain
reasonable assurance about whether the financial statements axe free of material misstatement, whether
from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws
or governmental regulations that are attributable to the government or to acts by management or
employees acting on behalf of the government. Because the determination of abuse is subjective,
Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control,
and because we will not perform a detailed examination of all transactions, there is a risk that material
misstatements or noncompliance may exist and not be detected by us, even though the audit is properly
planned and performed in accordance with U.S. generally accepted auditing standards and Government
Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations
of laws or governmental regulations that do not have a direct and material effect on the financial statements
or major programs. However, we will inform the appropriate level of management of any material errors,
any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also
inform the appropriate level of management of any violations of laws or governmental regulations that
come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention.
We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is
limited to the period covered by our audit and does not extend to any later periods for which we are not
engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, funding
sources, creditors, and financial institutions. We will request written representations from your attorneys
as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our
audit, we will require certain written representations from you about your responsibilities for the financial
statements; schedule of expenditures of federal awards; federal award programs; compliance with laws,
regulations, contracts, and grant agreements; and other responsibilities required by generally accepted
auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment, including
internal control, sufficient to assess the risks of material misstatement of the financial statements and to
design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to
test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and
fraud that are material to the financial statements and to preventing and detecting misstatements resulting
from illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the
effectiveness of the design and operation of controls that we consider relevant to preventing or detecting
material noncompliance with compliance requirements applicable to each major federal award program.
However, our tests vill be less in scope than would be necessary to render an opinion on those controls
and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the
Uniform Guidance.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or
material weaknesses. However, during the audit, we will communicate to management and those charged
with governance internal control related matters that are required to be communicated under AICPA
professional standards, Government Auditing Standards, and the Uniform Guidance.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City's compliance with provisions of applicable laws,
regulations, contracts, and agreements, including grant agreements. However, the objective of those
procedures will not be to provide an opinion on overall compliance and we will not express such an
opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of
federal awards applicable to major programs. Our procedures will consist of tests of transactions and other
applicable procedures described in the OMB Compliance Supplement for the types of compliance
requirements that could have a direct and material effect on each of the City's major programs. The
purpose of these procedures will be to express an opinion on the City's compliance with requirements
applicable to each of its major programs in our report on compliance issued pursuant to the Uniform
Guidance.
Other Services
We may, upon the City's request, assist in preparing the financial statements (C.A.F.R.) of the City in
conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on
information provided by you. These nonaudit services do not constitute an audit under Government
Auditing Standards and such services will not be conducted in accordance with Government Auditing
Standards. We will perform the services in accordance with applicable professional standards. The other
services are limited to the financial statements and related notes services previously defined. We, in our
sole professional judgement, reserve the right to refuse to perform a procedure or take any action that
could be construed as assuming management responsibilities.
Management Responsibilities
Management is responsible for (1) establishing and maintaining effective internal controls, including
internal controls over federal awards, and for evaluating and monitoring ongoing activities, to help ensure
that appropriate goals and objectives axe met; (2) following laws and regulations; (3) ensuring that there
is reasonable assurance that government programs are administered in compliance with compliance
requirements; and (4) ensuring that management and financial information is reliable and properly
reported. Management is also responsible for implementing systems designed to achieve compliance with
applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection
and application of accounting principles; for the preparation and fair presentation of the financial
statements, schedule of expenditures of federal awaxds, and all accompanying information in conformity
with U.S. generally accepted accounting principles; and for compliance with applicable laws and
regulations (including federal statutes) and the provisions of contracts and grant agreements (including
award agreements). Your responsibilities also include identifying significant contractor relationships in
which the contractor has responsibility for program compliance and for the accuracy and completeness of
that information.
Management is also responsible for making all financial records and related information available to us
and for the accuracy and completeness of that information. You are also responsible for providing us with
1) access to all information of which you are aware that is relevant to the preparation and fair presentation
of the financial statements, (2) access to personnel, accounts, books, records, supporting documentation,
and other information as needed to perform an audit under the Uniform Guidance, (3) additional
information that we may request for the purpose of the audit, and (4) unrestricted access to persons within
the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and
confirming to us in the management representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud affecting the government involving (1)
management, (2) employees who have significant roles in internal control, and (3) others where the fraud
could have a material effect on the financial statements. Your responsibilities include informing us of your
knowledge of any allegations of fraud or suspected fraud affecting the government received in
communications from employees, former employees, grantors, regulators, or others. In addition, you are
responsible for identifying and ensuring that the government complies with applicable laws, regulations,
contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps
to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements,
or abuse that we report. Additionally, as required by the Uniform Guidance, it is management's
responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and
conditions of federal awards; take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; promptly follow up and take corrective action on reported
audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action
plan.
You are responsible for identifying all federal awards received and understanding and complying with the
compliance requirements and for the preparation of the schedule of expenditures of federal awards
including notes and noncash assistance received) in conformity with the Uniform Guidance. You agree
to include our report on the schedule of expenditures of federal awards in any document that contains and
indicates that we have reported on the schedule of expenditures of federal awards. You also agree to make
the audited financial statements readily available to intended users of the schedule of expenditures of
federal awards no later than the date the schedule of expenditures of federal awards is issued with our
report thereon. Your responsibilities include acknowledging to us in the written representation letter that
1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance
with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its
form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of
measurement or presentation have not changed from those used in the prior period (or, if they have
changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or
interpretations underlying the measurement or presentation of the schedule of expenditures of federal
awards.
You are also responsible for the preparation of the other supplementary information, which we have been
engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to
include our report on the supplementary information in any document that contains, and indicates that we
have reported on, the supplementary information. You also agree to include the audited financial
statements with any presentation of the supplementary information that includes our report thereon. Your
responsibilities include acknowledging to us in the written representation letter that (1) you are responsible
for presentation of the supplementary information in accordance with GAAP; (2) you believe the
supplementary information, including its form and content, is fairly presented in accordance with GAAP;
3) the methods of ineasurement or presentation have not changed from those used in the prior period (or,
if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant
assumptions or interpretations underlying the measurement or presentation of the supplementary
information.
Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying and providing report
copies of previous financial audits, attestation engagements, performance audits, or other studies related
to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes
relaying to us corrective actions taken to address significant findings and recommendations resulting from
those audits, attestation engagements, performance audits, or studies. You are also responsible for
providing management's views on our current findings, conclusions, and recommendations, as well as
your planned corrective actions, for the report, and for the timing and format for providing that information.
You agree to assume all management responsibilities relating to the financial statements, schedule of
expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will
be required to acknowledge in the management representation letter our assistance with preparation of the
financial statements, schedule of expenditures of federal awards, and related notes and that you have
reviewed and approved the financial statements, schedule of expenditures of federal awards, and related
notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the
nonaudit services by designating an individual, preferably from senior ma.nagement, with suitable skill,
knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility
for them.
Engagement Administration, Fees, and Other
We may from time to time, and depending on the circumstances, use third-party service providers in
serving your account. We may share confidential information about you with these service providers, but
remain committed to maintaining the confidentiality and security of your information. Accordingly, we
maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal
information. In addition, we will secure confidentiality agreements with all service providers to maintain
the confidentiality of your information and we will take reasonable precautions to determine that they
have appropriate procedures in place to prevent the unauthorized release of your confidential information
to others. n the event that we are unable to secure an appropriate confidentiality agreement, you will be
asked to provide your consent prior to the sharing of your confidential information with the third-party
service provider. Furthermore, we will remain responsible for the work provided by any such third-party
service providers.
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection
Form that summarizes our audit findings. It is management's responsibility to electronically submit the
reporting package (including financial statements, schedule of expenditures of federal awards, summary
schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data
Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission
and certification. The Data Collection Form and the reporting package must be submitted within the earlier
of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period.
We will provide copies of our reports to the City; however, management is responsible for distribution of
the reports and the financial statements. Unless restricted by law or regulation, or containing privileged
and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of Ingram, Wallis & Company, P.C. and
constitutes confidential information. However, subject to applicable laws and regulations, audit
documentation and appropriate individuals will be made available upon request and in a timely manner to
federal agencies providing direct or indirect funding, or the U.S. Government Accountability Office for
purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities.
We will notify you of any such request. If requested, access to such audit documentation will be provided
under the supervision of Ingram, Wallis & Company P.C.'s personnel. Furthermore, upon request, we
may provide copies of selected audit documentation to the aforementioned parties. These parties may
intend, or decide, to distribute the copies or information contained therein to others, including other
governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report
release date or for any additional period requested by the federal agency. If we are aware that a federal
awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the
party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
For the year ended September 30, 2016, we expect to begin our interim fieldwork in September 2016, our
final fieldwork on November 28, 2016, and issue our reports by March 31, 2017. For the year ended
September 30, 2017, we expect to begin our interim fieldwork in September 2017, our final fieldwork on
November 27, 2017, and issue our reports by March 31, 2018. Jim Ingram is the engagement partner and
is responsible for supervising the engagement and signing the reports or authorizing another individual to
sign them.
Our fee for the audit services will be as follows:
Year Ended September 30, 2016 $102,000
Year Ended September 30, 2017 $105,000
Should assistance with preparation of the City's C.A.F.R. be requested, we estimate our fees to be
120/hour for such assistance in 2016, and $125/hour for such assistance in 2017. We estimate the total
cost for the CAFR preparation assistance to total no more than $24,000 for fiscal year 2016 and no more
than $27,500 for fiscal year 2017, which may be exceeded only with the prior written approval of the City.
These fees are in addition to the audit fees noted above. The specifics of such assistance will need to be
finalized on or about January 2, 2017 and January 2, 2018.
Our invoices for these fees will be rendered as work progresses and are payable on presentation. In
accordance with our firm policies, work may be suspended if your account becomes overdue and may not
be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our
engagement will be deemed to have been completed upon written notification of termination, even if we
have not completed our reports. You will be obligated to compensate us for all time expended and to
reimburse us for all out-of-pocket costs through the date of termination. The above fees are based on
anticipated cooperation from your personnel and the assumption that unexpected circumstances will not
be encountered during the audit. If significant additional time is necessary, we will discuss it with you
and arrive at a new fee estimate before we incur the additional costs.
Time of Performance
Time is of the essence of this Contract. Ingram, Wallis & Company, P.C. shall be prepared to
provide the professional services in the most expedient and efficient manner possible in order to
complete the work by the times specified.
Warranty, Indemnification, & Release
Indemnification
Ingram, Wallis & Company, P.C. agrees to and shall indemnify and hold harmless and defend
the City, its officers, agents, and employees from and against any and all claims, losses, damages,
causes of action, suits and liability of every kind, including all expenses of litigation, court costs,
and attorney's fees, for injury to or death of any person, for damage to any property, or for any
breach of contract, arising out of, or in connection with the work done by Ingram, Wallis &
Company, P.C. under this agreement. In the event of personal injury to or death of Ingram,
Wallis & Company, P.C.'s employees, such indemnity shall apply regardless of whether the
claims, losses, damages, causes of actions, suits or liability arise in whole or in part from the
negligence of the City. Such indemnity shall not apply, however, to liability rising from the
personal injury, death, or property damage of persons other than Ingram, Wallis & Company,
P.C. or its employees where such liability is caused by or results from the negligence of the City.
Release
Ingram, Wallis & Company, P.C. assumes full responsibility for the work to be performed
hereunder and hereby releases, relinquishes, and discharges the City, 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 or death of any person (whether employees of either
of the parties hereto or other third parties) and any loss of or damage to property (whether
property of either of the parties, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with Ingram, Wallis & Company, P.C.'s
work to be performed hereunder. This release shall apply regardless of whether said claims,
demands, and causes of action are covered, in whole or in part, by insurance and regardless of
whether such loss, damage, injury, or death was caused in whole or in part by the negligence of
the City.
Firm's Insurance
The Service Provider agrees to maintain the coverages, endorsements, and limits in accordance with and
set forth by the Insurance Coverage & Limit Table below for the duration of this contract. The Service
Provider agrees to:
Deliver to the City a certificate(s) of insurance evidencing that such policies are in full force and
effect not later than 5 business days after notification of the City's intent to award a contract, but
in any event prior to commencement of work. If policy endorsements are necessary, satisfactory
evidence of request to insurance carrier must accompany the Certificate(s) of Insurance. Failure
to meet the insurance requirements may cause the proposal to be rejected.
Submit any policy endorsements within 30 days of the City's intent to award contract. No payment
will be made and/or the City may stop work or terminate the contract if Service Provider fails to
supply satisfactory evidence of policy endorsements.
Allow the City the right to obtain complete, certified copies of all required insurance policies at
any time.
Clearly indicate contract name and contract number to which Certificate(s), endorsements, and
policies apply.
Ensure that coverage is written by a carrier with an"A:VIII" or better rating.
The requirements as to types and limits, as well as the City's review or acceptance of insurance coverage
to be maintained by the Service Provider, is not intended to nor shall in any manner limit or qualify the
liabilities and obligations assumed by the Service Provider under the Agreement.
Commercial General Liabilitv The Firm shall maintain, at a minimum, combined Single Limit of
1,000,000 per occurrence per project for bodily injury and property damage with a$2,000,000 annual
aggregate limit.
Business Automobile Liabilitv The Firm shall maintain, at a minimum, combined Single Limit of
1,000,000 per occurrence for bodily injury and property damage. Coverage will include all owned,
leased or rented autos, non-owned autos, any autos and hired autos.
Statutorv Workers' Com ensation Insurance with Em lovers' Liability Insurance in the amount of
1,000,000/$1,000,000/$1,000,000 Waiver of subrogation in favor of the City of College Station will be
required. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide
the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor.
Professional Liability Insurance The Firm shall maintain, during the life of this agreement, Professional
Liability insurance, or similar Errors & Omissions coverage, for negligent acts, error omissions of the
Firm or any person employed or acting on the Firm's behalf (including but not limited to Sub-Contractors)
in connection with this Agreement, at a limit not less than $1,000,000 Per Occurrence, $2,000,000 Annual
Aggregate. If coverage is written on a"Claims-Made" basis, the Firm warrants that any retroactive date
applicable to the coverage precedes the effective date of this contract; and that continuous coverage will
be maintained or an extended discovery period will be exercised for a period of two years after completion
of the project. The Firm shall be solely responsible for any Self-Insured Retention, deductible and
premium, including any additional premium for Supplemental Extended Reporting Period option. Proof
of coverage shall be furnished to the City of College Station before the work commences.
Additional Insured Endorsements The Services Provider agrees to endorse the City as an Additional
Insured on each insurance policy required to be maintained, with the exception of the workers'
compensation/employers' liability and professional liability policy.
Waiver of Subrogation Waiver of subrogation in favor of the City of College Station for each required
policy. When required by the insurer or should a policy condition not permit Service Provider to enter
into a pre-loss agreement to notify the insurer and request the policy be endorsed with a Waiver of Transfer
of Right of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not
apply to any policy, which included a condition specifically prohibiting such an endorsement, or voids
coverage should Service Provider enter into such an agreement on a pre-loss basis.
Deductibles, Coinsurance Penalties, and Self-Insured Retention Service Provider shall agree to be fully
and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty,
or self-insured retention; including any loss not covered because of the operation of such deductible,
coinsurance penalty, or self-insured retention.
Subcontractor's Insurance The service Provider shall agree to cause each subcontractor employed by
Service Provider to purchase and maintain insurance of the type specified, provided the Service
Provider's insurance does not afford coverage on behalf of the subcontractor.
Certificate of Insurance Service Provider shall furnish the City with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with the insurance
requirements. The certificate must be from a company with an A.M. Best rating of "A:VIII"or better
andlor otherwise acceptable to the City. Certificates must be submitted using the ACORD form and all
endorsements must be included with the submittal or other acceptable evidence. The certificate(s) shall
contain a provision that coverage under such policies shall not be cancelled or non-renewed until at least
thirty (30) days prior written notice, or ten (10) days notice for cancellation due to non-payment of
premiums, is given the City of College Station.
In the event the City is notified that a required insurance coverage will cancel or non-renew during the
contract period, the Service Provider shall agree to furnish prior to the expiration of such insurance, a
new or revised certificate(s) as proof that equal and like coverage is in effect. The City reserves the
right, but not the obligation, to withhold payment to Service Provider until coverage is reinstated. If the
Service Provider fails to maintain the required insurance, the City shall have the right, but not the
obligation, to purchase the required insurance at Firm's expense. Failure on the part of the Service
Provider to maintain the required insurance coverage shall be considered breach of contract by the
Service Provider.
Certificates and notices should be given to the City at the following address: City of College Station,
Attn: Purchasing Department, 1101 Texas Ave., College Station, TX 77840.
Right To Review and Adjust The City reserves the right to review these requirements and to modify
insurance coverage and their limits when deemed necessary prudent. Furthermore, the City reserves the
right, but not the obligation, to review and reject any insurer providing coverage because of poor
financial condition.
The Certificates of Insurance furnished to the City shall contain a provision that coverage under such
policies shall not be cancelled, non-renewed, or materially changed until at least 30 days prior written
notice has been given the City of College Station.
The City reserves the right to require additional lines of insurance on a case-by-case basis, depending
upon the subject matter of the contract and the attendant risks involved in the completion of the
contractual work.
The Firm is responsible for submitting the required insurance certificate within 5 business days of
notification of the City's intent to award a contract. Verification must be submitted using the ACORD
form listed above and all endorsements must be included with the submittal. Endorsements must be
signed by an authorized representative of the insurance company. Failure to meet the
insurance requirements stated above and provide the required endorsements within five business days
may cause the bid or proposal to be reiected.
Termination
The City may terminate this Contract at any time upon thirty (30) calendar day's written notice. Upon the
Firm's receipt of such notice, the Firm shall cease work immediately. The Firm shall be compensated for
the services satisfactorily performed prior to the termination date.
If, through any cause, the Firm fails to fulfill its obligations under this Contract, or if the Firm violates
any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Firm
five (5) calendar days written notice. The Firm will be compensated for the services satisfactorily
performed before the termination date.
No term or provision of this Contract shall be construed to relieve the Firm of liability to the City for
damages sustained by the City because of any breach of contract by the Firm. The City may withhold
payments to the Firm for the purpose of setoff until the exact amount of damages due the City from the
Firm is determined and paid.
Miscellaneous Terms
This Contract has been made under and shall be governed by the laws of the State of Texas. The parties
agree that performance and all matters related thereto shall be in Brazos County, Texas.
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties
from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following
addresses:
The City of College Station
Attn: Jeff Kersten
1101 Texas Ave.
College Station, Texas 77840
The Service Provider:
Ingram, Wallis & Company
James D. Ingram, IV
2100 E. Villa Maria, Suite 100
Bryan, Texas 77802
No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed
to be a waiver of any other term or condition or subsequent waiver of the same term or condition.
This Contract represents the entire and integrated agreement between the City and the Firm and supersedes
all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may
only be amended by written instrument approved and executed by the parties.
This Contract and all rights and obligations contained herein may not be assigned by the Firm without the
prior written approval of the City.
The Firm, its agents, employees, and subcontractors must comply with all applicable federal and state
laws, the charter and ordinances of the City of College Station, and with all applicable rules and
regulations promulgated by local, state, and national boards, bureaus, and agencies. The Firm must obtain
all necessary permits and licenses required in completing the work and providing the services required by
this Contract.
Reimbursable or other miscellaneous expenses incurred by the Firm shall be included in the contract price;
additional payment for such expenses will not be considered.
The parties acknowledge that they have read, understood, and intend to be bound by the terms and
conditions of this Contract.
Very truly yours,
M .
Ingram, Wallis & Company, P.C.
RESPONSE:
This letter correctly sets forth the understanding of the City of College Station, Texas.
CITY OF COLLEGE STATION
Mayor
ATTEST:
Date
City Secretary Date
APPROVED:
City Manager
City Attorney
Date
Date
Assistant City Manager Date
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0369 Name:Expenditure Increase with BH Media
Status:Type:Presentation Consent Agenda
File created:In control:6/7/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion regarding increasing a blanket order with BH Media
Group Holdings, Inc. (The Eagle) in the amount of $30,000, for a new total not-to-exceed expenditure
of $78,000 for FY 2016.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding increasing a blanket order with BH Media Group
Holdings,Inc.(The Eagle)in the amount of $30,000,for a new total not-to-exceed expenditure of
$78,000 for FY 2016.
Relationship to Strategic Goals:Core Services and Infrastructure.
Recommendation(s):Staff recommends approval of the increase in the expenditure limit.
Summary:The City has several departments that utilize The Eagle newspaper for advertising purposes.
Historically,each department was able to pay for these purchases on an individual basis with P-Cards.
Recently,BH Media Group Holdings,Inc.(The Eagle)stopped accepting P-Cards for payments.A not-to-
exceed agreement was set up for all departments to utilize for the payment of advertising invoices.The
original FY16 amount was $25,000 and was subsequently increased to $48,000 due to increasing
advertising rates as well as an increase in the City’s advertising needs.The current amount is close to
being fully expended and it’s been determined that an increase of $30,000 will sufficiently extend the use
of the agreement for the FY16 period.For FY 2017,the expenditure will be presented as part of the
annual exemption list for budget purposes as The Eagle newspaper is a sole-source provider for the City’s
advertising needs.
Budget & Financial Summary:Funds are available in each department’s budget.
Reviewed and Approved by Legal:N/A
Attachments:N/A
College Station, TX Printed on 6/17/2016Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0341 Name:TASER Master Service Agreement
Status:Type:Contract Consent Agenda
File created:In control:5/24/2016 City Council Regular
On agenda:Final action:6/23/2016
Title:Presentation, possible action, and discussion on a $706,186.31, five (5) year agreement with TASER
International for the purchase and support of TASER products and services including body cameras,
in-car video cameras, and data storage.
Sponsors:Billy Couch
Indexes:
Code sections:
Attachments:College Station MSPA 6-9-16 Taser Exec
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a $706,186.31, five (5) year agreement with TASER
International for the purchase and support of TASER products and services including body cameras,
in-car video cameras, and data storage.
·Financially Sustainable City
·Core Services and Infrastructure
Recommendation(s): Staff recommends council approval.
Summary:
In light of increase department accountability and a public expectation of transparency, the
department has begun to look at expanding the in-car solution to also include a body worn cameras
component for the officers. In doing so, we have evaluated other vendors to ensure the department
is utilizing a system which meets needs but is still a fiscally responsible approach. Through an
evaluative process, the department has identified TASER International as having a very attractive
business model which is overall, a more economical yet superior quality in-car and body worn
camera solution. While both in-car and body worn systems can be purchased out of current
replacement funds, due to the expanded scope, (inclusion of body worn cameras) there will be
increased costs beginning in year three and subsequent years. As such, this SLA is to account for
that shortage and increase our contributions to the replacement funds.
All purchases from TASER Agreement are made from TASER through BuyBoard Contract #500-15.
All products and services on the BuyBoard Coop been carefully and competitively bid and awarded
based on Texas law by the Local Government Purchasing Cooperative. This Cooperative is
administered by the Texas Association of School Boards and is endorsed by the Texas Municipal
College Station, TX Printed on 6/17/2016Page 1 of 2
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File #:16-0341,Version:1
League and the Texas Association of Counties.
In Car Video and Body Worn Camera Replacement- Currently, the department utilizes Panasonic
Arbitrator in car video solution. The Arbitrator system in use is becoming obsolete due to lack of
replacement parts and overall improving technology. Replacement funds have been set aside for the
system replacement in FY17.
Budget and Financial Summary:
Currently, PD is contributing $70,985 annually to the Equipment Replacement Fund to set aside
funds for the replacement of the in-car Arbitrator video system. This system is forecasted for
replacement in FY17. Under the proposed new contract, the combined total 5-year cost for the in-car
and body worn systems is $706,186.31. This includes a $50,000 discount if the contract is approved
by June 30, 2016. The first phase of year 1 of the contract in FY16 will be for $50,440. Future
payments on the proposed contract will occur as follows: $109,596 for Year 1 Phase II payment;
$136,344 for Years 2-5 for the licensing and Axon Fleet equipment. The payment schedule for the
proposed contract will necessitate an increase to PD’s annual contribution to the Equipment
Replacement fund of $70,097, which will result in a total per year contribution cost per year of
$141,082. As the replacement of the system is not budgeted for FY16, a FY16 budget amendment in
the amount of for $50,440 will be requested in Equipment Replacement Fund to cover the first phase
of year 1 of the contract. This will come from the funds that have been contributed to date.
Attachments:
TASER Master Services and Purchasing Agreement
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:116-0308 Name:Rezoning – 3120 Holleman Drive South
Status:Type:Rezoning Agenda Ready
File created:In control:5/11/2016 City Council Regular
On agenda:Final action:6/23/2016
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 MF
Multi-Family to T Townhome for approximately 14.613 acres being German Acres, Lots 4 thru 10,
more generally located south of Cain Road between Holleman Drive South and Old Wellborn Road,
generally located at 3120 Holleman Drive South.
Sponsors:Jenifer Paz
Indexes:
Code sections:
Attachments:Background Information
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 MF
Multi-Family to T Townhome for approximately 14.613 acres being German Acres, Lots 4 thru 10,
more generally located south of Cain Road between Holleman Drive South and Old Wellborn Road,
generally located at 3120 Holleman Drive South.
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item on May 5, 2016 and
voted 5-0 to recommend approval.
Summary:REZONING REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The subject area is designated on the
Comprehensive Plan Future Land Use and Character Map as Urban. The Comprehensive Plan
states that this designation is for areas that should have the most intense level of development
which includes townhomes. The proposed zoning would allow for townhome development
consistent with the Comprehensive Plan.
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File #:16-0308,Version:1
2.Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The property immediately to the northwest across
Cain Road is developed with fourplex homes. Properties to the northeast and southwest are
developed as single-family homes, however, this area is designated for urban density in the
future. To the south is a planned townhome development that will incorporate the subject
property. The proposed rezoning is compatible with the existing and future land use character of
this area.
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 will be
incorporated with the townhome development to the south with access to existing street network.
The subject property is suitable for the proposed townhome expansion as permitted in the T
Townhome zoning district.
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 is
currently zoned for MF Multi-Family. The property is suitable for multi-family development,
however, the Barracks II townhome development is proposing expansion to this area.
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 subject
property is marketable with its current zoning of MF Multi-Family, however, the requested
rezoning allows for the extension of the Barracks II townhome development.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: Water service will be provided by Wellborn
Special Utility District. The subject property is located in the Steeplechase Wellborn Sanitary
Sewer impact fee area. The site will have sewer access via 12-inch sanitary sewer main that is
currently being constructed with the Barracks II Phase 401 plat.
The subject property is located in the Bee Creek drainage basin. The natural conveyance path is
towards Cain Road & Bee Creek Tributary B.3. Detention will be required with the development.
The property has access via Cain Road, a minor collector currently constructed to a rural section,
and will extend Towers Parkway, a minor collector, and Commando Trail, a residential street. A
Traffic Impact Analysis was performed for the previous rezoning request. This rezoning request
will generate fewer trips than the current zoning designation. Texas A&M University Transit
Services has announced transit service is expected to be provided to the area beginning in fall
2016. Transit service to the development has a positive effect on the Level of Service (LOS),
assuming a 15% trip reduction due to transit at all study intersections. The TIA did identify the
need for a left-turn lane on Holleman Drive South to Cain Road be constructed by this
development with the first access connection to Cain Road.
Drainage and other public infrastructures 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
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File #:16-0308,Version:1
Legal Review: Yes
Attachments:
1.Background Information
2.Aerial & Small Area Map (SAM)
3.Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: May 5, 2016
Advertised Council Hearing Date: May 26, 2016
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:
The Barracks at Rock Prairie Owners Association
Property owner notices mailed: 10
Contacts in support: None at the time of staff report.
Contacts in opposition: None at the time of staff report.
Inquiry contacts: None at the time of staff report.
ADJACENT LAND USES
Direction Comprehensive
Plan
Zoning Land Use
Northwest
(Across Cain Road)
Urban
R Rural
Mult-Family
South
General Suburban PDD Planned
Development District
Townhomes/Barracks II
Development
Northeast
Urban
R Rural Single-Family
Northwest
Urban
R Rural Single-Family
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: Properties zoned A-O Agricultural Open upon Annexation.
2014 – A-O Agricultural Open renamed to R Rural
2015 – Rezoned to MF Multi-Family
Final Plat: The property was platted as German Acres in 1995. If the rezoning is approved, a
preliminary plan for The Barracks II will incorporate the subject property and the site will be
subdivided to allow for the townhome development.
Site development: Property is vacant.
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 MF
MULTI-FAMILY TO T TOWNHOMES FOR APPROXIMATELY 14.613 ACRES FOR THE
PROPERTY BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE A-7 SURVEY,
COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING LOTS 4-10 OF THE GERMAN ACRES
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 2393, PAGE 91 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MORE GENERALLY LOCATED
SOUTH OF CAIN ROAD BETWEEN HOLLEMAN DRIVE SOUTH AND OLD WELLBORN ROAD,
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIING 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 26th day of May, 2016
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
Ordinance No._______ Page 2 of 3
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 MF Multi-Family to T Townhomes, as graphically
depicted in Exhibit “B”:
Approximately 14.613 acres of land located in the Crawford Burnett League A-7 Survey,
College Station, Brazos County, Texas, being Lots 4-10 of the German Acres Subdivision,
according to the plat recorded in Volume 2393, Page 91 of the Official Public Records of Brazos
County, Texas.
Ordinance No._______ Page 3 of 3
EXHIBIT “B”