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HomeMy WebLinkAbout05/27/2010 - Regular Agenda Packet - City CouncilTable of Contents Agenda 2 2b - College Station Medical Corridor No. 2b - Coversheet Medical Corridor Professional Services Contract 5 Attachment 1 - Proposed Contract 6 Attachment 2 - Funding Agreement 34 2c - Justice Assistance Grant (JAG) Inter-local Agreement No. 2c - Coversheet Justice Assistance Grant (JAG) Inter-local Agreement 38 Inter-Local Agreement 39 2d - Request for Release of Lien on 4905 Lakeway Drive No. 2d - Coversheet Release of Lien on 4905 Lakeway Drive 46 Attachment 1 - Performance Letter from RVP 48 Attachment 2- Release of Lien 49 2e - Brazos Valley Council of Governments Grant Resolution No. 2e - Coversheet Brazos Valley Council of Governments Grant Resolution 53 Resolution 54 2f - Brazos Valley Council of Governments Grant Resolution No. 2f - Coversheet Brazos Valley Grant Authorization 56 Resolution 57 2g - COPS Hiring Recovery Program (CHRP) Grant No. 2g - Coversheet COPS Hiring Recovery Program (CHRP) Grant 58 Resolution 59 2h - Regional Infrastructure Improvement Zones No. 2h - Coversheet Regional Infrastructure Improvement Zones 61 Resolution 62 No. 1 - Chapter 13 increasing the minimum requirement for finish floor elevation on all buildings No. 1 - Coversheet Ch. 13 Flood Hazard Protection – Additional Freeboard 64 No. 2 - Update on FY 10 Budget and FY 11 Budget Planning No. 2 - Coversheet Update on FY 10 Budget and FY 11 Budget Planning 65 No. 3 - Audit Committee Appointment No. 3 - Coversheet Audit Committee Appointment 66 1 Mayor Council members Nancy Berry John Crompton Mayor Pro Tem Jess Fields Dave Ruesink Dennis Maloney City Manager Katy-Marie Lyles Glenn Brown Lawrence Stewart Agenda College Station City Council Regular Meeting Thursday, May 27, 2010 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 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 6:30 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. Consent Agenda Individuals who wish to address the City Council on a consent or 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. 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 will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of Minutes for City Council Workshop and Regular Meeting, April 22, 2010, May 17, 2010 and City Council Special Meeting, May 17, 2010. b. Presentation, possible action, and discussion on a contract for professional services for the Assessment, Planning and Design of a Medical Corridor in the amount of $245,539, and a joint funding agreement between The College Station Med and the City of College Station. c. Presentation, possible action, and discussion on an inter-local agreement (ILA) with Brazos County and the City of Bryan for the purpose of application and acceptance of a U.S. Department of Justice, 2010 Justice Assistance Grant (JAG). 2 City Council Regular Meeting Page 2 Thursday, May 27, 2010 d. Presentation, possible action, and discussion regarding a request for release of lien on 4905 Lakeway Drive currently held by the City. e. Presentation, possible action, and discussion regarding a resolution authorizing the Brazos Valley Council of Governments to assist in funding a portion of advertising for the fall Household Hazardous Waste & Computer Collection event and its solid waste educational program for the Brazos Valley Solid Waste Management Agency in the amount of $30,000.00. f. Presentation, possible action, and discussion on a resolution approving a Texas Commission on Environmental Quality (TCEQ) and Brazos Valley Council of Governments Grant Application (BVCOG) in the amount of $16,700.00. g. Presentation, possible action, and discussion on the application and acceptance of a U.S. Department of Justice, 2010 COPS Hiring Recovery Program (CHRP) Grant. h. Presentation, possible action, and discussion supporting legislative action to establish regional infrastructure improvement zones into federal tax law. Regular Agenda 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. The Mayor will recognize you 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 will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 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. 1. Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13 increasing the minimum requirement for finish floor elevations on all buildings from the current one foot above the Base Flood Elevation (BFE) to two feet. 2. Presentation, possible action, and discussion on an update of the City of College Station FY 10 Budget, and FY 11 Budget Planning. 3. Presentation, possible action, and discussion regarding appointing two new council members to the Audit Committee. 4. Adjourn. 3 City Council Regular Meeting Page 3 Thursday, May 27, 2010 If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, May 27, 2010 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 24th day of May, 2010 at 2:00 p.m. E-Signed by Connie Hooks VERIFY authenticity with ApproveIt ________________________________ City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on May 24, 2010 at 2:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 2010 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2010. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 4 May 27, 2010 Consent Agenda Item No. 2b Medical Corridor Professional Services Contract To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion on a contract for professional services for the Assessment, Planning and Design of a Medical Corridor in the amount of $245,539, and a joint funding agreement between The College Station Med and the City of College Station. Recommendation(s): Staff recommends approval of both the contract with Schrickel, Rollins & Associates, Inc. and funding agreement with The College Station Med for the planning and design phase of the Medical Corridor project. Summary: In late 2009, Council heard a presentation and approved funding for a comprehensive study to develop the associated market analysis, economic impact forecasting and modeling, initiative visioning exercises, and to better determine the corridor’s exact size and scope. Staff has worked with the preferred vendor, Schrickel, Rollins & Associates, Inc., to finalize the scope of services for this planning and design phase of the Medical Corridor project, which is scheduled to be completed within a twelve to eighteen-month period, and is ready to move forward pending Council direction and approval. Budget & Financial Summary: Funding for this contract was approved as a project under the FY 2010 Economic Development Fund in an amount of $300,000. In terms of total budget, $250,000 will be provided by the City and the remaining $50,000 will come from The Med to fund the project. Attachments: Attachment 1: Proposed contract with Schrickel, Rollins & Associates, Inc. Attachment 2: Funding Agreement between the City and The College Station Med 5 CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home­ Rule Corporation (the "City") and Schrickel, Rollins & Associates, Inc. (SRA) , a Texas Corporation (the "Contractor"), whereby Contractor agrees to perform and the City agrees to pay for the work described herein. ARTICLE I 1.0 I This Contract is for Professional Services: Medical Corridor Assessment Planning and Design (hereinafter the "Project"). The scope and details of the work to be provided to the City by Contractor are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause the performance of all the work described in Exhibit "A." 1.02 Contractor agrees to perform the work described in Exhibit "A" hereto and the City agrees to pay Contractor a fee based on deli verables set forth in Exhibit "B" to this Contract for the services performed by Contractor. The payment terms are net payable within thirty (30) calendar days of the City's receipt of invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Contractor has not yet been paid. 1.03 The total amount of payment by the City to Contractor for all services to be performed under this Contract may not, under any circumstances, exceed two hundred forty- five thousand, five hundred thirty-nine dollars ($ 245,539.00 ). 1.04 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City's Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City's Project Manager. 1.05 Written change orders for reimbursements or allowances may be approved by the City Manager or his delegate provided that the change order does not increase the amount set forth in paragraph 1.03 of this Contract by more than five percent (5 %). Changes in excess of this amount must be approved by the City Council prior to commencement of the services or work. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Section 1.03 of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shaH be waived. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Page 1 Contract No. _______ CRC 3116100 Rev. 02107107 6 Contract, the to continue providing on a timely all to provided by Ir'~l"lnr hereunder, including any service as to which there is a dispute. 1.06 Article VI herein below, the Contractor shall all work The Contractor to the most expedient and efficient manner to with City officials. Contractor of it the City in order to Contractor under this Contract 1J1W'':>,",':> as set forth in Exhibit "A". contractor, for materials required for the over the to employ, supervise, manage, discharge, and and subcontractors, and the City shall have no control of or supervision over the Contractor or any of Contractor's subcontractors except to the limited extent provided in this Contractor shall be liable for any misrepresentations. Any by City's are binding on the City only when within the '~nnrl""~l' by City. ARTICLE II 2.01 Contractor to commence work on the by a to begin work on the Project. the Project, Project, Project shall consult with the City and may, in some limited as the but it is understood and agreed by the that Contractor shall be an independent contractor at all times or an employee of the City. Page 2 Contract No. _______ CRC 3116100 Rev. 02107107 7 ARTICLE III 3.01 As an qualified professional, warrants that provided by high industry standards, and performances. of drawings, or selection of equipment, the of .....""rCAn and operation of its recommendations, and the Contract, pursuant to a of performance that it will exercise diligence and care and perform in a pursuant to this Approval or acceptance product under this shall not constitute, or responsibility and liability of employees, agents, or for the exercise and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor shall City's approval or deemed to be the responsibility by work products Contractor, its employees, Contractor City informed of work against any defects or its work. 3.03 Contractor shall responsible for using diligence to correct errors, or unacceptable work product. Contractor shall, at no cost to the City, remedy errors, deficiencies or any work found unacceptable, City's sole discretion, as soon as possible, but no than fifteen (I5) calendar days receiving notice of errors, deficiencies or work product. 3.04 Contractor's be the property of the City. Contractor deliver to notes, data, memorandum, models, and equipment "nnl~r'lr·t ...r S possession or control and that are the City's or nrrw,,,",rtu ARTICLE IV 4.01 Indemnity. Contractor agrees to indemnify, defend, and hold harmless the its officers, employees, and agents (separately coliectiveJy referred to in this paragraph as "Indemnitee"), from and against any and aU claims, losses, damages, causes action, suits, judgments, made by and liability of kind, including all expenses of litigation, court other damage to or loss of use any property, for to, or sickness or death of any including but not limited to Contractor, any of subcontractors of or of employee or invitee of Contractor or of any such subcontractors, that is by, out of, related to, or in connection with, the negligence of and/or Page 3 Contract No. _______ CRC 3116100 Rev. 02107107 8 performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 4.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 4.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 4.03 Release. The Contractor 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, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. Page 4 Contract No. ___ ____ CRC 31 /6f()() Rev. 0210710 7 9 to or damages to by the policies, V Insurance The Contractor shall procure and maintain at its sole cost and expense duration this Agreement insurance claims injuries property that may arise from or in connection with the performance of the work Contractor, its representatives, volunteers, employees or and endorsements required are as set forth on Exhibit "C". ARTICLE VI 6.01 At time, the may terminate Project for convenience, in writing. At who shall cease work immediately. performed. In the event that City pay Contractor for the performed and of termination. 6.02 No term or provision of of liability to the City by the City or of any of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due City from Contractor is determined and ARTICLE VII 7.01 Contract made under and shall agree that performance and all matters related in Brazos Texas. Notices shall be mailed to the addresses designated herein or as may deemed when sent notify Contractor, in Contractor for the the City expenses designated in by to time and shall prepaid Mail to 77842 Contractor: Schrickel, Rollins & Associates, 76006 #200 Page 5 Contract No. _______ CRC 3116100 Rev. 02107107 10 7.03. Contractor, associates or subcontractors shall perform all the work hereunder. agrees all of its employees, or subcontractors who work on this Project shall fully qualified and competent to do the described hereunder. Contractor shall undertake the work and complete it in a timely manner. 7.04 The shall comply with all applicable state, and regulations, ordinances, and including not limited to Immigration Control Act The may not knowingly obtain labor or unauthorized alien. Contractor, not the City, must verify eligibility employment as required by IRCA. 7.05 No waiver by hereto term or condition of this shall be ;3pnn.." or construed to be a waiver of any other term or condition or subsequent of the same term or condition. This all rights obligations contained herein not be assigned by Contractor without the prior written approval the City. 7.07 If provision of Contract held to be ,-,,-"au,L, for any reason, the proVISIOns continue to competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, that by such provision it may become valid and then such provision shall be deemed to be written, construed, and enforced as so limited. 7.08 This represents entire and agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This may only amended by written instrument approved executed by 7.09 The acknowledge that they have understood, intend to bound by the terms and conditions of this Contract. 7.10 Contract will effective signed by the party whose makes fully (Remainder of this intentionally with cHlS'j(nUl page to immediately follow.) Page 6 Contract No. _______ CRC 3116100 Rev. 02107107 11 -------- SCHRICKEL, ROLLINS & ASSOCIATES 1161 Corporate Drive West, Suite 200 Arlington, TX 76006 By:~~~~:..-:::;_~~~-=--____ Printed Name: Victor W. Title: Date: CITY OF COLLEGE STATION By:______________ Mayor Date:_________ ATTEST: City Secretary Date: ________ APPROVED: City Manager Date: City Attorney Date: _______ Chief Financial Officer Date: ------­ Page 7 Conlract No. _ _ _____ CRC 3//6/00 Re v. 02/0 7/07 12 Exhibit 1. of Project is a feasibility assessment, master design of improvements to in and around the Highway 6 and Rock several significant medically-oriented developments, encompassing approximately acres between Rock Prairie Road Birmingham Roads, and a amount of of this effort is to identify, and as the build-out of area occurs. of the corridor, creation an overall implementation study A&M University, as area focus will center on facilities at Rock yet allow for the associated development in the market and carrying '"'..... ~J"""H improved infrastructure will 2. Purpose of the Project purpose of the project is to promote continuity, and new investment for medical or health care related uses in the special district City of College Station as a whole. of the study will be to create a developments that focus on medical care, and wellness that npf'''''TY\ an economic catalyst or areas of the community. address medical '"''''-<11''''''' industry, retail COllce:n common glue that '''r'''''.....'''' .. is the points. The transportation is in the public realm through the form of landscaping, lighting, street furniture, access to public realm features. This is upon which investment will points are key intersections more intensive development will occur. points signal gateways into on either side of the corridor. corridor under preliminary consideration has the for approximately four points. following tasks are used to describe throughout the master planning but sequential order. 8 Contract No. _______ CRC 3116100 Rev. 02107107 13 18 The consultant will meet representative(s) to scope of services and work plan, clarify and receive base mapping City as well as copies of any or historical background data that would be helpful in the course of the The Consultant will also identify any additional data needs, establish lines of communication, and clarify timetables. 18 Deli verables: o Map 18 The consultant will an diagram using on-site assessments with photo documentation planning and design opportunities and chaI1enges. include: arrival points and major o medical district o neighborhoods o Visual axis and focal points o Significant natural features or opportunities o land use patterns o Major vehicular and pedestrian o Visual quality issues o Projects in progress or under consideration o Infrastructure 18 o Analysis diagram and technical summary 18 element of the project will the team about recommended land uses to and the land use plan. The details during the initial team that effort -determining today and anticipating the influence opportunity in land ownership patterns willingness on the part of participate in the availability of utilities and owner willingness to properties with design and related and requirements in order to build a stronger marketing effort for 18 of the other considerations will help inform market will demographic and economic growth in College Station and the surrounding area, perceived role and status of Corridor today and how it compares with competitive locations, prevailing land and building sale prices along with rental and trends in real estate 9 Contract No. _______ CRC 3//6/00 Rev. 02107107 14 .. in this market and analysis will be some case have attempted or corridors. This supplemented with the Confidential stakeholders including community Special attention will planning and development in the medically-related A&M University. stakeholders may have already studies or have development programs for facilities that can be integrated into the overall market analysis. .. Discussion among team in preparation for developing this work that there will be in exploring medical opportunity holistic way. By that, the means exploring a complete medical providers, and perhaps branding that effort on a more comprehensive of "Well ness" - the door for a broad array >J'VLU,",L housing, or resort (including golf and services, quality and convenience medical-related workforce appropriate Consideration will be given to current research being conducted by in the market to the extent and applicable. .. In summary, the Consultant s attitude is one of developing a vision for the Corridor, approaching it holistically, anticipating the attractors that will investment, patients, and ancillary real estate product. is a true Place Making engagement. analysis will translate into a development program recommending land uses their sizes and locations, phasing, quality and related information to the planning. .. Deliverables: o Quantitative economic assessment proposed Corridor and its o opportunities with o corridor development communities. .. Conduct Focus Group Interviews. The Consultant Team will up to 70 people on a confidential at 3 concurrent interviews lasting minutes, preferably one person at a in each interview. This infonnation that normally would not revealed in a fully public to this process is that the comments the people that participate are never made public as quotes. More important are the trends, patterns and valuable information that can help to Consultant team. 10 Contract No. _______ CRC 3116100 Rev. 02107107 15 analysis, development of that may II a group of Key Stakeholders. Staff and representatives from local by the City. The Role of this group is to to review and take responsibility for II Form a Citizens Advisory Committee local as a individual citizens selected by the City. guidance and feedback to the recommending body and it will not take votes. o 4 CAC Workshops. A maximum CAC throughout the project. They 4 workshops will will andIssues," "Market Reconnaissance "Refined Concepts and Implementation Draft Concepts and Implementation Task 4 -Concepts & Strategies II Program: Develop a program derived from the initial and input from the Key Stakeholders, CAC, and public to the concept plan. II Concept Plan: Graphically summarize the Consultant for the Medical Corridor area to delineate a will include: o Street System and Parking o Land Use Mix and Strategy o Identity Creation o Development Fonn and Character o Gateways o Signature Building and Landmark Opportunities o StreetscapeIWalkability o Public Open Spaces and Trails o Infrastructure Improvements II supply the probable timing of proposed development. research will be more specific. If it were for a land use or more years off, a lesser level of research (more in the form would be appropriate. II Implementation Strategy: A full implementation strategy is this project. All too frequently implementation consists of a land use plan and zoning. What is needed however, is a more complete landowner agreements, design and development standards, a district, an entitlement process that encourages investment, commitment to the corridor, public investment and public-private Page 11 Contract No. _______ CRC 31/6/00 Rev. 02107107 16 implementation elements. A detailed for implementation of Corridor will be prepared as this project .. o Draft Concepts and Strategies o Definition of District Boundaries o Implementation Strategy, Plan and (recommended policy, tools, and capital) o Power Point Presentation of Concepts, Market Strategies and Implementation .. Based on feedback, the Concept Plan and recommendations, and plan and associated III Compile the plans, recommendations into a draft which will include: and Opportunities o Vision and Guiding Principles o Medical Corridor Plan o Land Use o o o Signature Building and Landmark Opportunities o (height, massing, entrances, o StreetscapelWalkability o Space and Trails o Opportunity Sites o Strategies o Improvements o Analysis I Assessments o Financial Feasibility o o Opinion of Probable Cost Report o Plan, Oblique Aerial o Up to four (4) Character Sketches o Specific Implementation Strategies for Land Capital Improvements, and Funding Page 12 Contract No. _______ CRC 3IJ6IOO Rev. 02107107 17 Stakeholder meetings " " (l) Presentation to City in Public or Workshop Additional be to the Consultant, as mutually agreed to in Section 1.05 of contract. 4. Optional Additional Services receipt of authorization City's on an hourly rate basis with a mutually agreed "not to "''''''~..,...,·u include following or other .. .. Planning of facilities beyond original and/or budget III the of services. III mediation, litigation, depositions or similar legal .. and hydraulics ;:nUU1\.,3. .. assessment or environmental .. renderings, and perspective are in basic scope services. If additional artwork is that requires an from the team, those will be provided as "additional " Refer to "D" for examples. .. -Provide one (1) digital copy . .. Hall meeting Conceptual o Council Workshop Conceptual o Individual Medical board meetings o Any additional meeting requested 5. Deliverables .. Kick Sheet Preparation (Task I) .. Site Analysis Diagram and Summary .. Quantitative and Qualitative of Proposed Corridor (Task .. Land Recommendations Development Opportunity Graphics 2) .. of Medical Industry Corridor Development in Comparable Communities .. .. 4) .. Strategies, Market Strategies Implementation Page 13 Contract No. _______ CRC 311MX') Rev. 02107107 18 II Specific Implementation ",,-,':;;1\.,,;' for Land Uses, Capital Improvements, and Funding 5) II Up to four (4) Character (Task 5) II Report (Task Provide twenty (20) bound copies. one (l) digital copy in PDF II Master lilustrati ve Sketch (Task two (2) full size color plots mounted on one (1) digital Monthly status reports will for all related All deliverables will provided to the City in a project website. 6. Reimbursable Expenses following items, if provided, shall be considered reimbursable or additional to this contract. II Printing and other costs beyond set in this contract. II Special II Travel II Additional to Section 1.05, all expenses shaH "n.."·"""",,rI in advance and by the City'S Representative and at cost. These v"'''''''''' are not anticipated to "'''''.'''"'''' $15,000. Of this amount, $13,000 has been proposed as a for travel expenses. Assumptions will: for confidential interview Provide on existing plans (topographic GIS information, photo and utility information within the study area) and improvements for area, and all existing planned street and widths, if known readily available. needed information will assembled by the Consultant. II Provide on-site team charrettes. II Copy and drafts to Key Stakeholders CAe. will: II Produce and "digital" the City's submitted topographic photo and existing information within II Provide information to Key and other II Conduct all including presentations as defined scope of services. II Provide the city with a copy of all maps and n'r"""" II Provide the city with copies of the final Page 14 Contract No. _______ CRC 3116100 Rev. 02107107 19 Billing will be monthly on a "percent complete" basis as outlined in Exhibit "B". 8. Summary of Professional Services Budget 1-Kick w/City Task 2 -Analysis 3-Stakeholder Input 4 Concepts & Task 5-Plan 6 -Meetings Total Task 7 3D Animation Task 8 -Website $ 12,685 $ 47,611 $ 188 $ $ 69,467 $ $ 25,000 $ 18,000 15 Contracl No. _______ eRe 3116100 Rev. 02107107 20 Payment is a payable, the Exhibit B Payment Terms in the amount listed in Article I of this amount shall be by the City pursuant to the schedule listed below and upon completion of invoice from Contractor and written acceptance by the City. diagram on following page.) Page 16 Contract No. _______ CRC 3116/00 Rev. 02107/07 21 City of Station Medical Corridor Study Exhibit B: Schedule 1578l April 8, 2010 August rr, 2010 August 13, 2010 ;i\uguSI27.2010 October 29,2010 October 8. 2010 October 8. 2010 October 2H.~2010 A. area. .............~...... +........... ~ B. 2 stai«Jhol,der ~tingJafternoon) Summary of analysis (physical & markel) PrEilliTI1l'l!lryciiscussiion o! C()f)(;t!pls(lnd opportunities Program ~e\lelopmenl, markel Slr!tt~gl!J!>,al1d .conCEl!:,1 planning (ey~.sl.llikehol~~r meeting (afternoon) Plan­ gi~ All All LC July 19, 2010 Jul 19.2010 3 (evening) Revle.!l'Jl.lEl:limifl!lIY analysi!i 4 Finalize analysis Deliverables: Quan!llaliye & QuaJilali .., Analysis 01 Propooed Co.ooor, Aecommendalkms Case Siudies 01 Medical Ifl(luSlrY CO.ooof Dev'lIOllmaOi Communities D. &Strategies Status reports will be provided monthly as part of the 'percent complete" billing Page 17 ContractNo. ________________ _ CRC 3116100 Rev. 02107/07 22 c Insurance Requirements I. The Contractor to maintain the amounts of in this Contract throughout the term of the Contract. following insurance shall be required: General Liability B. Liability Workers' D. Professional Liability II. For each of policies, the Contractor's insurance coverage primary with to the City, its employees and volunteers. Any insurance or self-insurance or obtained by City, its officials, or volunteers, shall considered in excess of the Contractor's insurance and shall not contribute to it. No term or provision of the indemnification by the Contractor to pursuant to this shall be rnrprp·rI as limiting or otherwise affecting the terms of insurance coverage. and endorsements furnished to the s Representative at time of execution Agreement, attached hereto as Exhibit approved by the before work commences. III. The Contractor shall include all subcontractors as Additional under its policies, or shall furnish certificates and endorsements for each subcontractor. Coverages for to all requirements herein. General Applicable to All A. Only carriers licensed to do State of shall accepted. B. Deductibles shall be listed on of insurance and are acceptable only on an "occurrence" basis for property damage only. C. policies are not except for Liability D. shall not be in coverage or in limits except after been to City of '-V.ll\vJ:;\v certified mail, return requested. certified copies of insurance policies furnished to the City. F. The or its authorized and warranties: insurance company is ,",,-,,,,,,",u and admitted to business in the Texas 18 Contract No. _______ CRC 31J6100 Rev, 02107107 23 The insurance policy is on forms provided by Board of or 3. are included according to provisions is City of College Station, ~...~..~.v, employees, and volunteers are to named Additional Insureds on Commercial General Liability and Automobile Liability shall contain no on the scope of protection volunteers. General Liability shall be Service's No coverage shall be standard policy without individual exclusions being .....''''-'A'V.... for and acceptance. The coverage shall include but not limited to premises/operations; contracts; products/completed contractual liability (insuring indemnity provided exposures exist, Explosion, Underground coverage. City shall be named as Additional Insured, and the policy shall be endorsed to rights of subrogation, to primary and non-contributory with to self-insurance or the City. Ll'Ul'".....,''''''' Automobile Liability shall be written accordance with the current Guide. Minimum Combined Single $1,000,000 per occurrence for bodily injury and property damage. The Business Auto Policy must show Symbol I in the Covered Autos of the liability section Item 2 of declarations page. coverage shall include or rented autos, non-owned any autos and hired autos. Workers Compensation Insurance to the 19 Contract No. _______ CRC 3/16/00 Rev. 02/07107 24 employees any and all subcontractors, other persons providing on the Project must be covered by a workers' compensation insurance policy, directly their employer's policy (the Contractor's, or subcontractor's policy) or through an agreement on an approved form. Accordingly, if a subcontractor not have his or own policy and a coverage is Contractors and subcontractors must use that of the form whereby the to nrr."ltrl to the employees of the subcontractor. portion of that would otherwise allow them not to provide coverage the employees an independent contractor may not be the following terms: B. The workers compensation shall 1. Employer's Liability limit $1,000,000 for accident is required. 2. Waiver Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this 3. must appear 3A of the Item and the ofNV, WA, WV, and WY. s must contain the following: All States except Pursuant to explicit terms of Title llO.llO(c)(7) of the Administrative Code, this specifications, all on this Project must include terms and conditions set forth without any additional words or '~"""'~'J, except required to accommodate the specific document in which are contained or to impose standards documentation: Definitions: A copy of a of a Workers' Compensation Commission, or a coverage agreement (TWCC-81, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's providing on a the of the project. Duration of the project -includes the time from the of the work on the project until the Contractor'slperson's work on the project has been completed and accepted the governmental entity. certificate of authority to self-insure issued by the or entities performing all or of the services the Contractor undertaken to perform on project, regardless of whether that person contracted directly with the Contractor and regardless has employees. This includes, without limitation, Contractors, subcontractors, leasing motor carriers, owner-operators, of any or employees of any which 20 Contract No. _______ CRC 3/16/00 Rev. 02/07107 whether that 25 furnishes to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing transportation, or other related to a project. " does not activities unrelated to the such as foodlbeverage vendors, office supply deliveries, and delivery ofportable toilets. shall provide coverage, on proper reporting of and payroll amounts andfiling of any agreements, that meets the statutory requirements Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the for the duration The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the period shown on the Contractor's current of coverage during the duration of the the Contractor must, to the end of the coverage period, file a new certificate with the governmental entity showing that coverage has been extended. The Contractor obtain from person providing on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will on file coverage coverage for all persons providing and (2) no later than seven calendar by the Contractor, a new of coverage showing if the coverage shown on of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for of the project and for one thereafter. G. The Contractor shall notify the governmental in writing by certified mail or personal delivery, 10 calendar days after the Contractor or should have known, or any that materially affects provision of any providing services on the project. H. The Contractor shall post on each project site a notice, in the fonn and manner prescribed by the Workers' Compensation Commission, infonning all persons providing services on the project that they are required to and stating how a may verify and report of coverage. 21 Contract No. _______ CRC 3116/00 Rev. 02107107 26 l. Contractor shall contractually require each with whom it contracts to services on a project, to: (1) provide based on reporting classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing on the for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the a certificate showing coverage is provided for employees person providing services on for the duration of the project; (3) provide the prior to the end of the period, a new of showing of coverage, if the coverage period shown on the current of coverage ends during duration of the project; (4) obtain from other person whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to other person beginning work on the project; and (b) a new of coverage showing extension of prior to the end of the period, coverage period shown on the current certificate of coverage ends during the duration the project; (5) required certificates on file for the duration of the andfor one year thereafter; (6) notify the governmental entity writing by mail or personal delivery, 10 calendar after the knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require person whom it to as required paragraphs (a) -(g), with the certificates of to be provided to the person for whom they are providing 1. signing this or providing, or causing to provided a the Contractor is representing to the entity that all employees Contractor who will provide on the project will be Page Contract No. _______ eRc .1//6/00 Rev. 02107107 27 covered by workers' compensation coveragefor the duration of the project, the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will with the appropriate carrier or, in the case self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or civil actions. Contractor'sfailure to comply with any of provisions is a breach of contract the Contractor that entitles governmental entity to the contract if the Contractor does not the breach within ten calendar days after of notice of breach from governmental " Professional Liability Coverage be written by a carrier with an "A: VIII" or rating in accordance the current Key Rating B. Minimum of $1 ,000,000 occurrence and $2,000,000 with a deductible $100,000.00. Financial statements shall furnished to upon request. For "claims made" policies, a 24-month extended period shall required. Contract No. _______ CRC 3116100 Rev. 02107107 28 Exhibit D Illustration Examples ~"' ---; ~~ jJO ~J...to~ ~~... "",,,"­.,......., -­ tw~"",, · ~ 2· -. ...-( .. ,.. r;. "'U:::::'31:P tI;.!=5'~5r;:w.~ to j' Sketch A drawing that is done quickly without concern for detail. A sketch might be made to capture the general mood of a scene, or to help the artist work out an idea for a finished composition. , Perspective Drawing A drawing that pictures objects or a scene in such a way that lines converge to a point in the distance to show them as they appear to the eye with reference to relati ve distance or depth. Formal Rendering An architect's representation of the inside or outside of a finished building, drawn in perspective. Page 24 Contract No. _______ CRC 3//6/00 Rev. 02/07107 29 Exhibit E Certificates of Insurance Page 25 Contract No. ________ CRC 3116100 Rev. 02107107 30 Cert ID 6200 DATE (MMIOOIYYYY)ACORD", CERTIFICATE OF LIABILITY INSURANCE I 5/3/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MArrER OF INFORMATION McLaughlin Brunson Insurance Agency, LLP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6600 LBJ Freeway, Dallas TX 75240 Suite 220 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (214) 503-1212 (214) 503-8899 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Trave1ers Indemnity Company Schrickel, Rollins I< Associates, Inc. INSURER B: XL Specialty Insurance Company 1161 Corporate Drive West, Suite #200 INSURERC: Trave1ers Ind. Co. of Conn. Arlington TX 76006 INSURERD: Travelers Lloyds Ins. Co. I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTlNlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ POLICY NUMBER ON LIMITS GENERAL. LIABILITY EACH OCCURRENCE $ 1 000 0007'COMMERCIAL GENERAL LIABILITY 5/5/2010 5/5/201.1. DAMAGE ~~ERENTEDD PACP1542L02A PREMISES Ea occurence) $ 1,000,000==+=J CLAIMS MADE [i] OCCUR MED EXP (Any one peffiOO) $ 10,000 j PERSONAL & AnV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: n II PRO. n LOC PRODUCTS -COMPtOP AGG $ 2,000,000 ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ C r-!­ANY AUTO BA1544L05A 5/5/2010 5/5/2011 (fa accident) 1,000,000 r--AlL O\I\INED AUTOS 80DILY INJURY (Per pernon) $ SCHEDULED AUTOS r-­ r-­HIRED AUTOS 80DILY INJURY (per accldenl) $ NON-OllVNED AUTOS r-­ r-­PROPERTY DAMAGE (per accident) $ RRAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 C t!J OCCUR D CLAIMS MADE CUP6598Y324 5/5/2010 5/5/201.1. AGGREGATE $ 1,000,000 $RDEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND UB6003Y831 5/5/2010 5/5/201.1. X I T~,$'I~~-rS I IO~- EMPLOYERS' LIABILITY 1,000,000Am PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ 1.000,000 ~~~I~~~~~1~s below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B OTHER Professional Lia.b. DPR9681863 12/12/2009 12/12/2010 $1,000,000 Per Claim / $2,000,000 Ann'l Agg. DESCRIPTION OF OPERATIONS t LOCA TIONS I VEHICUES I EXCLUSIONS ADOED BY ENDORSEMENT I SPECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. The City of College Station, its officials, employees & volunteers, TOWNSCAPE, Inc. and Leland ConSUlting Group are named as Additional Insureds with a Waiver of Subrogation as required by contract on the General and Auto Liability coverages. General liability is on a primsry and non-contr1butory basis. Auto 11baility CERTIFICATE HOLDER CANCELLATION City of College Station -Director of Economic & Camlnmity Development Attn: David Gwin P. O. Box 9960 College Station TX 77842 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIUL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE TO THE CER1'1F1CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAUL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~lcr- ACORD 25 (2001/08) @ACORDCORPORATION1988 Page 1 of 1 31 5/3/2010 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the insurer(s), authorized or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the listed thereon. ACORD 25 (2001/08) Page 2 of 1 32 DESCRIPTION OF OPERATIONS SECTION CONT INUED OATI! 5/3/2010 CERTIFICATE HOLDER: City of College Station -Director of Economic & Community Development Attn: David Gwin 1'. O. Box 9960 College Station TX 77842 INSURED: Schrickel, Rollins & Associates, Inc. 1161 Corporate Drive West, Suite #200 Arlington TX 76006 is on a pr~ry basis. A Waiver of Subrogation is shown in favor of the additional insureds on the workers compensation. Coverage shall not be suspended, voided, canceled. or reduced in coverage by endorsement or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station REI Draft Medical Corridor Contract [)()C (10/2003) Page 3 of 3 33 34 35 36 37 May 27, 2010 Consent Agenda Item No. 2c Justice Assistance Grant (JAG) Inter-local Agreement To: Glenn Brown, City Manager From: Jeff Capps, Chief of Police Agenda Caption: Presentation, possible action, and discussion on an inter-local agreement (ILA) with Brazos County and the City of Bryan for the purpose of application and acceptance of a U.S. Department of Justice, 2010 Justice Assistance Grant (JAG). Recommendation(s): Staff recommends Council approval. Summary: This Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions and fund all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and /or communities by improving the effectiveness and efficiency of criminal justice systems, processes and procedures. College Station Police Department intends to utilize this funding for the purpose of supporting local initiatives, technical assistance, training, equipment, supplies and information technology projects in support of our community-oriented mission. Budget & Financial Summary: This 2010 JAG allocation for Brazos County is $91,598. This amount is based upon a statutory, JAG formula that considers the jurisdiction’s share of State population and reported part 1 violent crime statistics. The grant has no match requirement. Individual recommended allocations designated by the Department of Justice are: Brazos County- $0; Bryan- $65,353; College Station- $26,245 for a total of $91,598. Brazos County has been certified as a disparate jurisdiction. As such, all jurisdictions must enter into an Inter-Local Agreement to specify an award distribution to each unit of local government in a manner that will address disparity and furthermore, must apply for funding jointly. College Station and Bryan Police Departments have agreed to provide 15% of their recommended funding to Brazos County Sheriff’s office in an effort to address disparity. As such, the resulting allocation is as follows: Bryan- $55,550.05; College Station- $22,308.25 and Brazos County- $13,739.70. College Station Police Department will serve as the administering agency. Attachments: 1.) Inter-local agreement 38 39 40 41 42 43 44 45 May 27, 2010 Consent Agenda Item No. 2d Request for Release of Lien on 4905 Lakeway Drive To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion regarding a request for release of lien on 4905 Lakeway Drive currently held by the City. Recommendation(s): N/A Summary: Per the provisions of the Economic Development Agreement between the Bryan/College Station Economic Development Corporation acting on behalf of the City of College Station and StataCorp LP, entered into on March, 29, 1999, StataCorp is requesting a release of lien on a three (3) acre parcel of land located at 4905 Lakeway Drive. The lien was originally placed on the property by the City to ensure that StataCorp, LP successfully completed construction of all contracted facilities and realized all required new and additional job and payroll performance. StataCorp is in compliance with the aforementioned agreements and has met or exceeded all of their contract obligations consisting of capital improvement, job creation and gross payroll increases, and fixtures, furniture and equipment purchases. Performance details of these criteria are identified below. Budget & Financial Summary: StataCorp’s required performance under the various agreements and their associated compliance includes: Improvements to Property: · Required: 30,000 sq. ft. · Realized: 38,915 sq. ft. Capital Investment (by 2005): · Required: $3,000,000.00 · Realized: $3,135,470.00 (Current Valuation: $5,143,270) Furniture, Fixtures and Equipment / Personal Property (by 2005): · Required: $265,000.00 · Realized: $292,200 (Current Valuation: $715,070) Annual Incremental Payroll Increase · Required (by 2009): $2,149,120.00 · Realized: $4,547,814.23 Annual Increase in full-time professional and full-time hourly positions · Professional Positions Required (by 2009): 20 · Realized: 20 · Hourly Positions Required (by 2009): 24 · Realized: 45 · New full-time professional jobs created averaged at least $80,000 per year · New full-time hourly jobs created averaged at least $11.00 per hour. 46 Attachments: Attachment 1 – Performance Letter from RVP Attachment 2 – Release of Lien Document 47 May 11, 2010 Mr. David Gwin, Director Economic & Community Development City of College Station Post Office Box 9960 College Station, Texas 77842 RE: Stata Corporation Request for Release of Lien on Property Located at 4905 Lakeway Drive Dear David: Please accept this letter as certification that I, as an authorized representative and compliance officer of the Research Valley Partnership, have received and reviewed all Stata Corporation’s Statements of Compliance and certify that Stata Corp. has met or exceeded the performance requirements of the Economic Development Agreement entered into on March 29, 1999 by StataCorp, LP and the City of College Station and all other provisions therein. As such, I request that the City of College Station initiate and process the release of the lien held by the City on three (3) acres of Stata Corporation’s property located at 4905 Lakeway Drive, College Station, Texas per the provisions of the previously mentioned Economic Development Agreement. Sincerely, Bob Malaise Vice President of Economic Development Services Research Valley Partnership ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BRAZOS I, , certify that Bob Malaise signed the above statement in my presence on , 2010. Seal: Notary Public, State of Texas 48 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF LIEN Date: _____________________, 2010 Note: Date of Origination: March 29, 1999 Original Amount: NINETY THOUSAND AND NO/100 DOLLARS ($90,000.00) Maker: STATA Corporation a Texas corporation Payee: BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION acting on behalf of the CITY OF COLLEGE STATION, TEXAS Date of Maturity: As provided in said note. Holder of Note and Lien: BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION acting on behalf of the CITY OF COLLEGE STATION, TEXAS Holder's Mailing Address (including county): 1101 Texas Avenue Brazos County College Station, Texas 77840 Note and Lien Are Described in the Following Documents, Recorded in: Economic Development Agreement Between the City of College Station, Bryan/College Station Economic Development Corporation and STATA Corporation dated March 29, 1999, recorded in Volume XXXX, Page XX, Official Records of Brazos County, Texas. 49 Deed of Trust dated June 2, 1999, from STATA Corporation to George K. Noe, Trustee, for Bryan/College Station Economic Development Corporation acting on behalf of the City of College Station, Texas, recorded in Volume 3506, Page 185, Official Records of Brazos County, Texas. General Warranty Deed dated June 2, 1999, executed by Robert M. Worley, President/CEO of Bryan/College Station Economic Development Corporation, recorded in Volume 3506, Page 182, Official Records of Brazos County, Texas. Corrected General Warranty Deed dated February 28, 2000, executed by Robert M. Worley, President/CEO of Bryan/College Station Economic Development Corporation, recorded in Volume 3738, Page 0331, Official Records of Brazos County, Texas. Property Subject to Lien (including any improvements): Being all that certain 3.000 acre tract or parcel of land lying being situated in S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas, and being a portion of the 200 acre tract conveyed to the City of College Station by the College Station Economic Development Foundation on December 3, 1991 and recorded in Volume 1385, Page 14 of the Official Records of Brazos County, Texas; said 3.000 acre tract or parcel of land being more particularly described by metes and bounds in Exhibit “A” attached hereto and made a part hereof for all purposes. Holder of the note acknowledges the fulfillment of lien terms and conditions and hereby releases the property from the lien. When the context requires, singular nouns and pronouns include the plural. ATTEST: CITY OF COLLEGE STATION _____________________________ BY: _____________________________ CONNIE HOOKS, City Secretary NANCY BERRY, Mayor 50 THE STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of _________________, 2010, by Ben White, as Mayor of the City of College Station, a Texas municipal corporation, on behalf of said municipality. ____________________________________ Notary Public in and for the State of Texas PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842-9960 College Station, Texas 77842-9960 51 52 May 27, 2010 Consent Agenda Item No. 2e Brazos Valley Council of Governments Grant Resolution To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding a resolution authorizing the Brazos Valley Council of Governments to assist in funding a portion of advertising for the fall Household Hazardous Waste & Computer Collection event and its solid waste educational program for the Brazos Valley Solid Waste Management Agency in the amount of $30,000.00. Recommendation(s): Staff recommends approval of the resolution authorizing the funding assistance from the Brazos Valley Council of Governments. Summary: The Brazos Valley Solid Waste Management Agency conducts a semi-annual regional Household Hazardous Waste & Computer Collection event for the disposal and recycling of household hazardous waste and electronic waste. Brazos Valley Solid Waste Management Agency will be able to receive a financial contribution from the Brazos Valley Council of Governments in the amount of $30,000.00 to assist in funding a portion of advertising for the fall Household Hazardous Waste & Computer Collection event. The resolution will allow BVSWMA to use these funds for television, radio and newspaper advertising that will reach the entire Brazos Valley region, to print flyers to distribute to local and regional schools and to purchase T-shirts for staff and volunteers to promote the Household Hazardous Waste & Computer Collection event. Budget & Financial Summary: The Brazos Valley Solid Waste Management Agency has $6000.00 in currently budgeted advertising funds that are used to support each Household Hazardous Waste & Computer Collection event. The remaining funds will be used to supplement the cost of collections. The City of Bryan will also consider a resolution authorizing the application. Attachments: 1. Resolution 53 54 55 May 27, 2010 Consent Agenda Item No. 2f Brazos Valley Grant Authorization To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving a Texas Commission on Environmental Quality (TCEQ) and Brazos Valley Council of Governments Grant Application (BVCOG) in the amount of $16,700.00. Recommendation(s): Staff recommends approval of the grant application with TCEQ and BVCOG in the amount of $16,700.00. Summary: The Brazos Valley Council of Governments (BVCOG) is now accepting Requests for Project Applications. BVCOG has $85,405.65 in funding from the Texas Commission on Environmental Quality (TCEQ) for FY 2011 solid waste implementation project grants. The City of College Station Public Works Staff has completed the grant application and is requesting funding in the amount of $16,700.00 to purchase 1500 Water Bottles, 3000 Foldable Shopping Totes, 1000 Activity Books, and Brazos Valley Earth Day advertising. These materials will help educate the public about the 4 R’s of Recycling: Reduce, Reuse, Recycle, and Rebuy. Brazos Valley Earth Day continues to grow every year; the funding will allow the City of College Station to continue participation as a Hosting Entity alongside City of Bryan, TAMU, Brazos Valley Council of Governments, Keep Brazos Beautiful, Brazos Valley Solid Waste Management Agency, Inc., and the Brazos Valley Children’s Museum. The last Earth Day hosted in College Station on April 17 brought more than 2000 people. Budget & Financial Summary: Grant Application in the amount of $16,700.00, no matching or in-kind funds needed. Attachments: 1. Resolution of Support 56 57 May 27, 2010 Consent Agenda Item No. 2g COPS Hiring Recovery Program (CHRP) Grant To: Glenn Brown, City Manager From: Jeff Capps, Chief of Police Agenda Caption: Presentation, possible action, and discussion on the application and acceptance of a U.S. Department of Justice, 2010 COPS Hiring Recovery Program (CHRP) Grant. Recommendation(s): Staff recommends Council approval. Summary: In 2009, the Office of Community Oriented Policing Services (COPS Office) announced the availability of funding under the COPS Hiring Recovery Program (CHRP). At that time, the COPS Office received funds from the American Recovery and Reinvestment Act of 2009 to address the personnel needs of state, local, and tribal law enforcement. While the City of College Station applied in 2009, the City was not selected as an award recipient at that time. Agencies with a pending 2009 CHRP application will be invited to provide targeted updates to their pending applications which will then be re-evaluated. There is no local match requirement for CHRP, but grant funding will only be provided for current entry-level salary and benefits. Therefore, any other associated costs will be the responsibility of the grantee agency. CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a result of local budget cuts. At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant for a period of at least 12 months beyond the time the funding expires for a given position. The retained CHRP-funded position(s) should be added to the grantees law enforcement budget with local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant. The College Station Police Department will be applying to fund 6 full time entry level police officers identified as staffing needs in the “Blueprint for the Future” but have not yet been funded. Budget & Financial Summary: Anticipated fiscal impacts for these positions are as follows: FY10/11- $xxx; FY11/12- $xxx; FY12/13- $xxx; after grant expiration FY13/14- $xxx. These costs are required costs for proposed positions above and beyond those costs approved by the grant. These costs include such items as: equipment, uniforms, training, patrol cars, position upgrades all which are in line with the department’s “Blueprint for the Future”. Attachments: 1.) Resolution 58 59 60 May 27, 2010 Consent Agenda Item No. 2h Regional Infrastructure Improvement Zones To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action and discussion supporting legislative action to establish regional infrastructure improvement zones into federal tax law. Recommendation(s): The Council Transportation Committee unanimously recommended approval and that a resolution of support be sent to the City Council for their consideration. Summary: This item is brought forward at the request of the Council Transportation Committee. Michael Parks with the Brazos Valley Council of Governments presented at the January CTC meeting an alternative transportation funding source proposal that is currently circulating on Capitol Hill. The Regional Infrastructure Investment Zone would help fund transportation projects by giving tax credits to businesses that contributed funds towards transportation projects. The zone, which is similar to a tax increment reinvestment zone, would have to be set up by a local entity such as the Council of Governments or the Metropolitan Planning Organization, through a regional process. A resolution endorsing the proposed legislation was brought to the Committee at its March meeting and it received unanimous approval that it should be sent to Council for their consideration with a recommendation of approval. If approved, the resolution will be sent to the City’s representatives in the US House and Senate. Budget & Financial Summary: N/A Attachments: 1. Resolution 61 62 63 May 27, 2010 Regular Agenda Item No. 1 Ch. 13 Flood Hazard Protection – Additional Freeboard To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13 increasing the minimum requirement for finish floor elevations on all buildings from the current one foot above the Base Flood Elevation (BFE) to two feet. Recommendation(s): Staff recommends approval of this ordinance amendment. Summary: This regulation would only apply to areas FEMA has designated as Special Flood Hazard Areas (SFHA). The required minimum height above the BFE is commonly referred to as “freeboard”. This freeboard functions as a safety buffer in the event that a flooding event exceeds the 100 year flood heights. This can occur due to an unusual rainfall event, or debris accumulation causing blocking the flow of water. Raising the minimum height of finish floors in relation to the floodplain would increase flood safety for occupants of buildings subsequently constructed in FEMA floodplain. Additionally, increasing the freeboard from one foot to two will decrease the individual associated flood insurance premiums as much as 50%. There is also related credit for increased standards such as freeboard which would apply to all flood numerous cities and counties in Texas and across the nation have similarly increased freeboard ordinances in place. Increasing the freeboard is a Council initiated effort for enhanced floodplain management dating back to 2008. Budget & Financial Summary: N/A Attachments: 1. Ordinance 64 May 27, 2010 Regular Agenda Item No. 2 Update on FY 10 Budget and FY 11 Budget Planning To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on an update of the City of College Station FY 10 Budget, and FY 11 Budget Planning. Recommendation(s): Staff recommends the City Council receive the report and provide any desired direction. Summary: Staff will be presenting an update on the status of the FY 10 Budget and an update on the planning for the FY 11 Budget. This update will include a status report key revenue streams. Budget & Financial Summary: Information will be presented at the workshop meeting. Attachments: 65 May 27, 2010 Regular Agenda Item No. 3 Audit Committee Appointment To: Mayor and Members of the City Council From: Ty Elliott, City Internal Auditor Agenda Caption: Presentation, possible action, and discussion regarding appointing two new council members to the Audit Committee. Recommendation(s): Appoint two new council members to the Audit Committee. Summary: The Audit Committee consists of three council members, and two spots are currently vacant. Prior to May 17, 2010, the Audit Committee consisted of council member Lawrence Stewart (chair), former Mayor Ben White, and former council member James Massey. The audit committee plays a key role, standing at the intersection of management, external auditors, and the City Internal Auditors. The roles of the Audit Committee include (but are not limited to) overseeing: · the financial reporting and disclosure process, · the choice of accounting policies and principles, · the hiring, performance and independence of the external auditors, and · the performance of the internal audit function. 66