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HomeMy WebLinkAbout05/28/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Webinar ID: 998 0711 3729 Internet:  https://zoom.us/j/99807113729 May 28, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 4 p.m. on the day of the meeting. To  register the individual must provide a name and phone number by calling 979­764­3500 or emailing  CSO@cstx.gov prior to the start of the meeting. To submit written comments to the Council email  CSO@cstx.gov and they will be provided at the meeting. Upon being called to speak an individual  must state their name and city of residence, including the state of residence if the city is located out  of  state.  Speakers  are  encouraged  to  identify  their  College  Station  neighborhood  or  geographic  location.  Each  speaker’s  remarks  are  limited  to  three  (3)  minutes.  Any  speaker  addressing  the  Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the City  Secretary will announce that the speaker must conclude their remarks.  2.Hear Visitors During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.  3.Consent Agenda During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item.  Presentation,  discussion,  and  possible  action  on  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.  3.1.Presentation, discussion, and possible action of minutes for: • May 14, 2020 Workshop Meeting • May 14, 2020 Regular Meeting Sponsors:Tanya Smith Attachments:1.WKSHP051420 DRAFT Minutes 2.RM051420 DRAFT Minutes 3.2.Presentation, discussion, and possible action on the second reading of a franchise agreement  with Howdy Disposal LLC; for the collection of demolition and construction debris, recyclables,  and organic waste from commercial, industrial and multifamily locations. Sponsors:Donald Harmon Attachments:1.Franchise Agreement 20300334 Howdy Disposal LLC Page 1 of 204  City Council Regular Page 2 May 28, 2020 3.3.Presentation, discussion, and possible action to approve the provision of services by Global  Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by  approving Renewal No. 1 and Amendment No. 2 for a total estimated annual expenditure  amount of $240,000.  Sponsors:Mary Ellen Leonard  Attachments:1.17300033R1 AMD2 Global Payments Direct 3.4.Presentation, discussion, and possible action regarding the approval of Tenant Based Rental  Assistance (TBRA) Guidelines to assist College Station residents with rental assistance  payments for College Station households affected by the disaster declarations due to COVID­ 19.  Sponsors:Debbie Eller  Attachments:1.2020­0679 COVID 19 Rent Assistance ­ Final 3.5.Presentation, discussion, and possible action regarding the first renewal of an Annual Electric  System Construction and Maintenance Labor Contract with Kasparian Underground, LLC dba  H&B Contractors for a not to exceed amount of $750,000.   Sponsors:Timothy Crabb  Attachments:1.Contract is available for review in the City Secretary's Office 3.6.Presentation, discussion, and possible action regarding a Semi­Annual Report on System­Wide  Impact Fees for Water, Wastewater, and Roadway.  Sponsors:Carol Cotter  Attachments:1.Semi­Annual Report with attachments 3.7.Presentation, discussion, and possible action on the BVWACS annual operation & maintenance  and capital budget.  Sponsors:Sindhu Menon  Attachments:1.FY2021 BVWACS Budget Allocations 2.FY2021 BVWACS Budget Overview 3.8.Presentation, discussion, and possible action on a General Service Contract Amendment with  Emergicon, LLC.  Sponsors:Scott Giffen   Attachments:1.18300157 AMD2 Emergicon, LLC 3.9.Presentation, discussion, and possible action regarding the lease of 3.1 acres including an  approximately 28,949 square foot building at 2611 Texas Avenue South, formerly used as  headquarters for the police department, to International American Education Federation, Inc.,  d/b/a International Leadership of Texas, a Texas Domestic Nonprofit Corporation, for an initial  term of three years for the total amount of approximately $1,015,580.  Sponsors:Natalie Ruiz  Attachments:1.Lease Agreement Page 2 of 204 City Council Regular Page 3 May 28, 2020 3.10.Presentation,  discussion,  and  possible  action  regarding  a  resolution  approving  an  advance  funding agreement (AFA) in the amount of $35,525 between the City of College Station and the  State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's  contribution for certain signal improvements for the intersection of FM 2347 and Dexter Drive.  Sponsors:Emily Fisher Attachments:1.Resolution FM 2347 Signal Improvements v2 2.Updated­v3 Ready for Partial Execution 3138­01­030 (FM 2347) AFA VolTIP 3.Project Map 3.11.Presentation,  discussion,  and  possible  action  regarding  a  resolution  approving  an  advance  funding agreement (AFA) in the amount of $323,345 between the City of College Station and  the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the  city's contribution for certain signal improvements for the FM 2818 widening project.  Sponsors:Emily Fisher Attachments:1.Resolution FM 2818 Signal Improvements v2 2.v3 2399­01­074 (FM 2818) AFA VolTIP 4.Regular Agenda During the Regular Agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing. If  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 0.15 acre portion of the 20­foot Public Utility Easement, said portion lying  along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1 according to  the plat recorded in Volume 14965, Page 276, of the Deed Records of Brazos County, Texas. Sponsors:Anthony Armstrong Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application 4.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 2­foot wide portion of a Public Utility Easement lying along Lots 2B­2 & 2B­3,  of the Horse Haven Estates Lot 2B­1, 2B­2 & 2B­3 Subdivision, according to the plat recorded  in Volume 8341, Page 233, of the Official Records of Brazos County, Texas. Sponsors:Alma Guerra Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 3 of 204 City Council Regular Page 4 May 28, 2020 4.3.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the  zoning district boundary from R Rural, O Office, and C­3 Light Commercial to GC General  Commercial on approximately 15 acres of land located at 95 North Dowling Road B, 101 North  Dowling Road A & B, 103 North Dowling Road, and 107 North Dowling Road. Sponsors:Rachel Lazo Attachments:1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Rezoning Exhibit 4.4.Presentation,  discussion, and  possible  action  regarding  an  ordinance  consenting  to  and  extending the Mayor's renewal of a disaster declaration due to public health emergency. Sponsors:Jeff Capps Attachments:1.Disaster Dec Exentsion Ordinance 5­28­20 4.5.Public  Hearing, presentation,  discussion,  and  possible  action  regarding  an  ordinance  adopting the standards of care for the City's Parks and Recreation Department's elementary  age (5­13) Youth Recreational Program.  Sponsors:David Schmitz Attachments:1.Ch 42 Ord_2020 4.6.Presentation,  discussion, and  possible  action  regarding  an  ordinance  regulating  short­term  rental units in College Station. Sponsors:Brian Piscacek Attachments:1.Ordinance Draft 1 2.Ordinance Draft 2 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station at  5:00 p.m. on May 22, 2020.  City Secretary Page 4 of 204 City Council Regular Page 5 May 28, 2020 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) 764­3541,  TDD   at  1­800­735­2989,  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   Sub­Capitulo   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.” Page 5 of 204 May 28, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • May 14, 2020 Workshop Meeting • May 14, 2020 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP051420 DRAFT Minutes 2.RM051420 DRAFT Minutes Page 6 of 204 WKSHP051420 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION MAY 14, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, 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 Mooney at 4:08 p.m. on Thursday, May 14, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074- Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:08 p.m. on Thursday, May 14, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Page 7 of 204 WKSHP051420 Minutes Page 2 Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager C. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 6:06 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Item 4.9 and 4.10 was pulled from Consent to the May 28th Council Meeting. Item 4.3 and 4.5 were pulled from Consent for clarification. (4.3): David Schmitz, Director of Parks and Recreation, gave a brief explanation of the funds for this project which are budgeted out of the Memorial Cemetery Fund. (4.5): Donald Harmon, Director of Public Works, gave a brief explanation of the fee schedules and the percentage of franchise fees collected from recyclables go into the College Station Solid Waste Fund. 5. Workshop 5.1 Presentation, discussion, and possible action regarding the conversion of 40.5 acres of greenway and 18.8 acres of City of College Station property to park land. Once added to the existing 47.1 acres of Stephen C. Beachy Central Park, total park acreage will sum 106.4. David Schmitz, Parks & Recreation Director, stated that in proposition 4 and 6 of the 1998 Capital Improvements Program, City leaders approved the purchase of this acreage for city property and greenways. The descriptions of both propositions include implicit statements regarding the ability of land use for hike and bike trails, passive recreational activities and park facilities (though limited in the greenways without properly mitigating flood damage). Through the conversion of this land to parkland, it was protected for the expansion of Stephen C. Beachy Central Park and the future park development. Page 8 of 204 WKSHP051420 Minutes Page 3 The Parks & Recreation Advisory Board heard this item on February 11, 2020 and voted unanimously to pass a motion to recommend adding the properties surrounding Central Park as park property. Staff recommended support and approval. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Harvell reported on Operation Restart. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:29 p.m. on Thursday, May 14, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 9 of 204 RM051420 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MAY 14, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 6:35 p.m. on Thursday, May 14, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentation Proclamation for National Public Works Week, May 17th – 25th. Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 17-25, 2020 as National Public Works Week. 3.Hear Visitors Comments David Flash, Leander, TX, stated that his comments are related to what he sees as troubling trends in the College Station Police Department's complaint statistics. He believes that when comparing complaint statistics for communities of our size the City is trending towards fewer complains, but most growing cities of our size are trending towards more complaints. Mr. Flash would like to see more oversight, transparency, and the integrity in the complaint process and subsequent investigation. Page 10 of 204 RM051420 Minutes Page 2 Derick Arredondo, President of College Station Little League, came before Council expressing his concerns as a father, asking the Council if we could come up with some possibilities which would allow us to have baseball this summer for our children. 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: April 23, 2020 Workshop Meeting April 23, 2020 Regular Meeting 4.2. Presentation, discussion, and possible action regarding a construction contract with Air Cleaning Technologies, Inc. not to exceed $165,129 for installing vehicle exhaust removal systems at Fire Stations 1, 2, and 4. 4.3. Presentation, discussion, and possible action on a professional services contract with The Arkitex Studio, Inc. in the amount of $160,000 for the design and construction consultation of a new Cemetery Maintenance Shop at College Station Memorial Cemetery. 4.4. Presentation, discussion, and possible action on Ordinance No. 2020-4170 approving a five (5) year residential recycling collection franchise agreement and general service agreement in an amount not to exceed ($4,542,000) with Brannon Industrial Group, LLC, DBA BVR Waste and Recycling. 4.5. Presentation, discussion, and possible action, on the first reading of a franchise agreement with Howdy Disposal LLC; for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations. 4.6. Presentation, discussion, and possible action regarding approval of a construction contract with Larry Young Paving in the amount of $3,790,692.40 for the construction of Royder Road Phase 2. 4.7. Presentation, discussion, and possible action regarding Ordinance No. 2020-4171 temporarily amending Chapter 38, Section 38-1013, of the Code of Ordinances by changing the posted speed limit on the section of FM 2154 approximately 600 feet north of Victoria Avenue to approximately 2,600 feet south of Victoria Avenue to 50 mph for the duration of the Royder Road Phase 2 project. 4.8. Presentation, discussion, and possible action regarding an Interlocal Agreement between the City of College Station and Wellborn Special Utility District for the cost participation by Wellborn Special Utility District in the Royder Road Phase 2 project. 4.9. Presentation, discussion, and possible action regarding Resolution No. 05-14-20-4.9 approving an advance funding agreement (AFA) in the amount of $28,469 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersection of FM 2347 and Dexter Drive. Page 11 of 204 RM051420 Minutes Page 3 4.10. Presentation, discussion, and possible action regarding Resolution No. 05-14-20-4.10 approving an advance funding agreement (AFA) in the amount of $287,599 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the FM 2818 widening project. 4.11. Presentation, discussion, and possible action regarding approval of Change Order No. 2 in the amount of $273,243.41 for the Lick Creek Trunk Line construction contract with Thalle Construction Company, Inc. 4.12. Presentation, discussion, and possible action regarding the conversion of 40.5 acres of greenway and 18.8 acres of City of College Station property to park land. Once added to the existing 47.1 acres of Stephen C. Beachy Central Park, total park acreage will sum 106.4. Item 4.9 and 4.10 were pulled from Consent to the May 28th Council Meeting. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda, with the exception of Consent Items 4.9 and 4.10. The motion carried unanimously. 5.REGULAR AGENDA 5.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4172 amending the Comprehensive Plan by adopting the updated Economic Development Master Plan. Natalie Ruiz, Director of Economic Development, stated that the proposed ordinance would adopt an updated Economic Development Master plan, as a component of the Comprehensive Plan. This plan is a review and update to the original plan and will guide the community’s economic development path forward for 2020 through 2025. Mrs. Ruiz explained that the intent of the overall master planning process is to ensure that future growth and development advances the City’s economic development objectives. The process should also further College Station’s goal of “ensuring a diversified economy, generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life.” The resulting plan gives economic development staff a clear path forward for the next five years and beyond. The original Economic Development Master Plan was adopted in 2013. The Planning and Zoning Commission considered this item on May 7, 2020 and voted unanimously to recommend approval. Staff also recommends approval. At approximately 7:37 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:38 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4172, amending the Comprehensive Plan by adopting the updated Economic Development Master Plan. The motion carried unanimously. Page 12 of 204 RM051420 Minutes Page 4 5.2 Public Hearing, presentation, discussion, and possible action regarding a Credit Policy for System-Wide Roadway, Water, and Wastewater Impact Fees. Carol Cotter, Planning and Development, stated that the City of College Station adopted System- Wide Impact Fees for water, wastewater, and roadways in November 2016. The need for a method of awarding credit to developments that construct infrastructure on the Impact Fee Capital Improvement Plan was identified. An Impact Fee Credit Policy has been developed to establish standards for determining projects for which credit is eligible, the process requirements for obtaining credit, and the methods for applying credit to development projects for which credits against impact fees may be awarded. The draft policy was distributed for review in summer of 2019. Comments were received and incorporated as appropriate. A summary of the revised Impact Fee Credit Policy was presented to a Joint Workshop of City Council and the Planning and Zoning Commission on February 28, 2020. The Planning and Zoning Commission along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee considered this item on May 7, 2020 and voted 7-0 to recommend approval. Staff also recommends approval. At approximately 7:17 p.m., Mayor Mooney opened the Public Hearing. Hunter Goodwin, College Station, came before Council to explain the challenges of not having a credit agreement which can be referenced when developing and planning. He also commented on the negotiation process with the city, which would be enhanced by a consistent policy. There being no comments, the Public Hearing was closed at 7:26 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve a Credit Policy for System-Wide Roadway, Water, and Wastewater Impact Fees. The motion carried unanimously. 5.3 Presentation, discussion, and possible action on Ordinance No. 2020-4173 amending Chapter 107, “Impact Fees”, Article II, “System-Wide Impact Fees”, by adding Section 107-74, “Update of Plan and Revision of Fees”, relating to revision of System-Wide Impact Fees, of the Code of Ordinances of the City of College Station, Texas. Carol Cotter, Planning and Development, stated that the City of College Station adopted System- Wide Impact Fees in 2016. Maximum Impact Fees were adopted and reduced collection rates imposed. This Ordinance amends Chapter 107, “Impact Fees”, by adding Section 107-74, “Update of plan and revision of fees”, to include provisions for the formal 5-year update of system-wide impact fees, as well as conditions and process for amending the imposed impact fees and collection rates prior to the five-year update without updating the land use assumptions and capital improvements plan, provided that the impact fees to be collected do not exceed the maximum impact fees assessed. The Planning and Zoning Commission along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee considered this item on May 7, 2020 and voted 7-0 to recommend approval. Staff also recommends approval. Page 13 of 204 RM051420 Minutes Page 5 At approximately 7:59 p.m., Mayor Mooney opened for Citizens Comments. James Murr, College Station, stated that everyone is in crisis mode during the COVID-19 and this is not the time to discuss impact fees. The 2016 study included projects that already complete and some of those completed project are being removed from the Thoroughfare Plan. Hunter Goodwin, College Station, stated that the 2016 impact fees were a very complicated calculations but done great consideration. Updating this of plan and revising the fees will be an unwinding of the work that was done back in 2016 and is very disturbing to him. There being no comments, the Citizens Comments was closed at 8:07 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted three (3) for and three (3) opposed, with Mayor Mooney and Councilmembers Harvell and Nichols voting against, to adopt Ordinance No. 2020-4173, amending Chapter 107, “Impact Fees”, Article II, “System-Wide Impact Fees”, by adding Section 107-74, “Update of Plan and Revision of Fees”, relating to revision of System-Wide Impact Fees, of the Code of Ordinances of the City of College Station, Texas. The vote was a tie, motion failed. Mayor Mooney recessed the regular meeting at 8:28 p.m. The regular meeting reconvened at 8:38 p.m. 5.4 Presentation, discussion, and possible action regarding Resolution No. 05-14-20-5.4 setting a public hearing to consider amending Section 107-73(g) of the City’s Code of Ordinances to adjust the current collection rate per service unit for roadway impact fees. Carol Cotter, Planning and Development, stated that this resolution sets the date and time for a public hearing on roadway impact fees at the May 28th City Council Regular Meeting. On November 10, 2016, the City Council adopted roadway impacts fees as a funding source to help mitigate infrastructure challenges in planning for future growth. Maximum Impact Fees for roadways were adopted, with a lower collection rate phased in over a 3-year period. At their May 28th meeting, the City Council will consider amending the roadway impact fee ordinance, including the currently adopted collection rate. At approximately 9:00 p.m., Mayor Mooney opened for Citizens Comments. James Murr, College Station, stated that he agrees with the workshop and would participate in this discussion with developer and council. Mr. Murr also explained that if this amended is ultimately approved the current business would not be grandfathered in, unless specifically stated in the amendment. If fees go up the home builders will increase home prices as the fees are increased. Hunter Goodwin, College Station, stated that this discussion is about two things, roads and money. He stated, where does the money come from; Council has increased the taxes, road impact fees and other increases which is making it hard to live in the community. There being no comments, the Citizens Comments was closed at 9:11 p.m. Page 14 of 204 RM051420 Minutes Page 6 MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to not adopt Resolution No. 05-14-20-5.4, setting a public hearing to consider amending Section 107-73(g) of the City’s Code of Ordinances to adjust the current collection rate per service unit for roadway impact fees. The motion carried unanimously. 5.5 Presentation, discussion, and possible action regarding a change order decreasing the amount of the Construction Manager at Risk Contract with Vaughn Construction, LLC by $403,836 for the New Police Station Project. Emily Fisher, Assistant Director of Public Works, stated that this change order will release remaining funds from Work Remaining to Procure, Buyout Savings, and Contractor Contingency for work items that been successfully purchased, or otherwise mitigated through construction of the new police station. This will be the final change order for the project. This change order in addition to Change Order No.3 have collectively reduced the contract by 5%. Mrs. Fisher explained, that the budget in the amount of $29,500,000 is included for this project in the General Government Capital Improvement Projects Fund. A total of $29,202,603 has been expended or committed to date. The proposed deductive change order will reduce the encumbered amount by $403,836. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve a change order decreasing the amount of the Construction Manager at Risk Contract with Vaughn Construction, LLC by $403,836 for the New Police Station Project. The motion carried unanimously. 5.6 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4174 amending the Comprehensive Plan by amending the Thoroughfare Plan in the College Station extra-territorial jurisdiction by modifying the alignment of a future minor arterial to the northeast between Koppe Bridge Road and Clay Pit Road and by removing a future minor collector between the Meadow Creek Subdivision and Minter Springs Road. Jason Schubert, Planning and Development, stated that this proposed amendment revises the Thoroughfare Plan in the College Station extra-territorial jurisdiction (ETJ) in two ways. The first amendment proposes to modify the alignment of a future minor arterial between Koppe Bridge Road and Clay Pit Road to the northeast. The second amendment proposes to remove a future minor collector between the Meadow Creek Subdivision and Minter Springs Road. These amendments have been initiated by City staff as refinements to the Thoroughfare Plan and are in collaboration with the County Engineer in the Brazos County Road and Bridge Department. The first amendment is necessary as the proposed alignment varies more than 1,000 feet from the existing alignment, which is the maximum the Unified Development Ordinance (UDO) allows staff the discretion to consider administratively. Mr. Schubert explained that it seeks to reduce the amount of significant floodplain crossings, utilize more right-of-way of existing roadways, and limit the overall impact to existing developed properties. The second amendment removes a future minor collector to be more in keeping with the broader spacing of thoroughfares in the more rural context of the College Station ETJ. A public information meeting was held at Greens Prairie Elementary on March 4, 2020. There were 47 property owners and residents that attended to learn more of the proposed amendments and provide feedback. Page 15 of 204 RM051420 Minutes Page 7 The Planning and Zoning Commission considered this item on May 7, 2020 and voted 6-0 to recommend approval. Staff also recommends approval. At approximately 9:43 p.m., Mayor Mooney opened the Public Hearing. Gretchen Riley, College Station, came before Council to oppose the proposed ordinance and requested Council not to realign the future minor arterial road or the amending of the Thoroughfare Plan as proposed. She commented that if passed it would result in a taking of a home and destroy our quality of life, while giving an ambiguous advantage to the city, county, or developer, or all. David Peter, Project Developer, stated that he is the developer of the proposed Comprehensive Plan Amendment to amend the Thoroughfare Plan in the Thousand Oaks Ranch area and he considers this plan to be optimal for the roadway size. Justin Collins, College Station, stated that the proposed plan looks dysfunction compared to the plan that already exist, which looks like it has excessive turns. There being no comments, the Public Hearing was closed at 10:10 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4174, amending the Comprehensive Plan by amending the Thoroughfare Plan in the College Station extra- territorial jurisdiction by modifying the alignment of a future minor arterial to the northeast between Koppe Bridge Road and Clay Pit Road and by removing a future minor collector between the Meadow Creek Subdivision and Minter Springs Road. The motion carried unanimously. 5.7 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4175 amending Appendix A, “Unified Development Ordinance,“ Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R Rural and PDD Planned Development District to BP Business Park on approximately 6 acres of land located at 8822 & 8850 Burgess Lane. Rachel Lazo, Planning and Development, stated that the applicant is requesting to rezone the subject property from PDD Planned Development District and R Rural to BP Business Park. A Preliminary Plan was approved in April 2020 as the first step towards developing the subject tract and surrounding properties as part of the proposed Fujifilm campus expansion. The subject tract has frontage to Burgess Lane, which is a private roadway, and a traffic impact analysis (TIA) was not required with the rezoning request as the amount of acreage falls below the threshold to require one. Ms. Lazo explained that at the time of site plan, TxDOT may require a right-turn deceleration lane from the FM 60/SH 47 Frontage Road into Burgess Lane depending upon the traffic generation proposed with the site. It is anticipated a portion of Burgess Lane will be reconstructed at the time of development and dedicated as a public street to provide public access to the adjacent tracts along its frontage. The tract is currently marketable with its current PDD zoning, but the present uses, rural manufactured home sites and self-storage, are not appropriate for its location. Rezoning the property will maintain its marketability and provide flexibility in design. Page 16 of 204 RM051420 Minutes Page 8 The Planning and Zoning Commission considered this item on May 7, 2020 and voted 7-0 to recommend approval. Staff also recommends approval. At approximately 10:14 p.m., Mayor Mooney opened the Public Hearing. Deven Doyen, Shultz Engineering, came before Council representing the applicant and asked if the Council has any questions. There being no comments, the Public Hearing was closed at 10:15 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4175, amending Appendix A, “Unified Development Ordinance,“ Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R Rural and PDD Planned Development District to BP Business Park on approximately 6 acres of land located at 8822 & 8850 Burgess Lane. The motion carried unanimously. 5.8 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4176 vacating and abandoning a 0.693 acre portion of the Right-of-Way of Biomedical Way, said portion lying southeast of the intersection of HSC Parkway and Biomedical Way, according to the plat of the Traditions Subdivision, Phase 23, recorded in Volume 11293, Page 184, of the Deed Records of Brazos County, Texas. Anthony Armstrong, Planning and Development, stated that the right-of-way abandonment will accommodate future expansion of the adjacent Fujifilm development in the City’s Bio-corridor. There are existing utilities that will require easement dedicated, and the installation of a new public turnaround facility that must be completed and constructed first in order to codify the abandonment. A final plat of the adjacent unplatted property to incorporate the abandoned ROW, dedicate the needed easements over existing utilities, and provide construction plans for the public turnaround facility are forthcoming. The 0.693 acre right-of-way is located southeast of the intersection of HSC Parkway and Biomedical Way in the City’s Bio-corridor. At approximately 10:19 p.m., Mayor Mooney opened the Public Hearing. Deven Doyen, Shultz Engineering, came before Council representing the applicant and asked if the Council has any questions. There being no comments, the Public Hearing was closed at 10:20 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4176, vacating and abandoning a 0.693 acre portion of the Right-of-Way of Biomedical Way, said portion lying southeast of the intersection of HSC Parkway and Biomedical Way, according to the plat of the Traditions Subdivision, Phase 23, recorded in Volume 11293, Page 184, of the Deed Records of Brazos County, Texas. The motion carried unanimously. Page 17 of 204 RM051420 Minutes Page 9 5.9 Presentation, discussion, and possible action on Resolution No. 05-14-20-5.9 adopting a substantial amendment to the City's 2015-2019 Consolidated Plan, 2019 Annual Action Plan, and Citizen's Participation Plan to include new Community Development Block Grant Program (CDBG-CV) funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Debbie Eller, Director of Community Services, stated that the City of College Station is entitled to receive $697,507 in additional Community Development Block Grant (CDBG-CV) funds from the United States Department of Housing and Urban Development (HUD) in Fiscal Year 2019 and has prepared substantial amendments to the Citizen Participation Plan, 2015-2019 Consolidated Plan and the 2019 Annual Action Plan as required to secure these funds. Community Development staff consulted with counselors from CSISD and 2-1-1 to determine the most requested assistance. Additionally, a public survey was conducted to determine how important these identified needs were as well as requesting input regarding any additional needs. Staff utilized this information to recommend the following amendments for the utilization of CDBG, CDBG-CV, and HOME funds. The substantial amendments include: Revising the Citizen Participation Plan to include the use of virtual public meetings, clarification of the description of public hearings for the Consolidated Plan, and adds a section to address citizen participation during a disaster declaration. The revision also includes administrative edits with clarifying language. Revising the City of College Station 2015-2019 Consolidated Plan to include as a goal statement, a Disaster Response Plan that includes policies and procedures to address the local impact of these types of disasters as allowed by HUD guidance, waivers, and/or streamlined regulations, as well as adding TBRA–RU as a project. Revising the City of College Station’s 2019 Action Plan to enable the City of College Station to receive and administer $697,507 in Community Development Block Grant Coronavirus (CDBG-CV) funding from HUD, inclusive of $500,000 of CDBG-CV funds allocated to Public Service Agencies and $197,507 for Economic Development. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve Resolution No. 05-14-20-5.9, adopting a substantial amendment to the City's 2015-2019 Consolidated Plan, 2019 Annual Action Plan, and Citizen's Participation Plan to include new Community Development Block Grant Program (CDBG-CV) funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The motion carried unanimously. Mrs. Eller, also explained that the Eligible CDBG activities may include, but are not limited to, assisting low and moderate income households with rental and utility assistance for up to three months, food assistance programs, business assistance to retain employees, and support of other COVID- 19 response services such as medical/health related needs. This funding and additional CDBG funding, which may be made available to the City by HUD through the CARES Act, will be used for the same purposes as the initial allocations which go toward the prevention, preparation and response to COVID-19. Council directed staff to move forward with new assistance program. Page 18 of 204 RM051420 Minutes Page 10 6.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Crompton requested a future agenda item exploring the tracks owned by the city that surround the Central Park, Rain Tree Park and Castle Gate Park for the possibility of adding them to the existing surrounding parks. 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 10:37 p.m. on Thursday, May 14, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 19 of 204 May 28, 2020 Item No. 3.2. Howdy Disposal, LLC Construction and Demolition Debris, Organic Waste, Recycling Collection Franchise Agreement Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the second reading of a franchise agreement with Howdy Disposal LLC; for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Howdy Disposal LLC to collect demolition and construction debris, recyclables, and organic waste from commercial, industrial and multifamily locations within the city limits of College Station. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Franchise Agreement 20300334 Howdy Disposal LLC Page 20 of 204 Page 21 of 204 Page 22 of 204 Page 23 of 204 Page 24 of 204 Page 25 of 204 Page 26 of 204 Page 27 of 204 Page 28 of 204 Page 29 of 204 Page 30 of 204 Page 31 of 204 Page 32 of 204 Page 33 of 204 Page 34 of 204 Page 35 of 204 Page 36 of 204 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD HOWDY-1 OP ID: JM 04/15/2020 Jessica Molina Carlisle Insurance 500 N Water Suite 900 Corpus Christi, TX 78401-0234 Donald E Clark 361-884-2775 361-884-3470 jessicam@carlisleins.com Everest Indemnity Insurance Co Texas Mutual Insurance Co Howdy Enterprises LtdHowdy Disposal LLCHowdy Kan, LLC3833 South Texas Ave #288Bryan, TX 77802 Evanston Insurance Company R L I Insurance Company A X 1,000,000 X EN4ML00373201 02/22/2020 02/22/2021 100,000 A X 02/22/2020 02/22/2021 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000A X EN4CA00526201 02/22/2020 02/22/2021 X X X 5,000,000 X C MKLV5EFX100542 03/06/2020 02/22/2021 5,000,000 XB 0002039173 10/16/2019 10/16/2020 1,000,000N1,000,000 1,000,000 D ILM0709233 02/25/2020 02/22/2021 Equipment 740,455 CITYO68 City of College Station Attn: Risk Management P O Box 9960 College Station, TX 77842 361-884-2775 22945 35378 EN4ML00373201Contractors Pollution Equipment Floater Page 37 of 204 NOTEPAD PAGE INSURED'S NAME Date Form #ECA24509 0414, Primary and Noncontributory - Other Insurance Condition - Blanket: provides Additional Insured on a Primary and Non-Contributory basis to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form #ECA02505 0414, Notice of Cancellation by Us to Third Party - Blanket - 30 Days. WORKERS COMPENSATION: Form #WC420304B: Texas Waiver of Our Right to Recover From Others Endorsement - Blanket Waiver: Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Form #WC420601: Texas Notice of Material Change Endorsement - 30 Day Notice of Cancellation. 2 Form #ECG24506 0615, Waiver of Transfer of Rights of Recovery Against Others To Us: endorsement provides a Waiver of Subrogation to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. CONTRACTORS POLLUTION: Everest Indemnity Insurance Company - Policy #EN4ML00373201 Effective 02/22/2020 - 02/22/2021 General Aggregate $2,000,000. Per Occurrence $1,000,000. Form #ECG20532 0412, Additional Insured–Designated Person Or Organization – Ongoing And Completed Operations - endorsement provides Additional Insured status for ongoing and completed operations to the certificate holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. OP ID: JM GENERAL LIABILITY: Form #CG2010 1001, Additional Insured – Owners, Lessees Or Contractors – Scheduled Person Or Organization: endorsement provides Additional Insured status to the certificate holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form #CG2037 1001, Additional Insured - Owners, Lessees or Contractors - Completed Operations: endorsement provides Additional Insured status for completed operations to the certificate holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form #ECG24588 1215, Primary And Noncontributory Provision - Your Ongoing And/Or Completed Operations - endorsement provides Additional Insured status on a Primary Non-Contributory basis for ongoing and completed operations to the Certificate Holder only when there is a written contract between Named Insured and Certificate Holder that requires such status. Form #ECG24506 0615, Waiver of Transfer of Rights of Recovery Against Others To Us: endorsement provides a Waiver of Subrogation to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. AUTOMOBILE: Form #ECA04521 0414, Additional Insured - Designated Organization: provides Additional Insured on a Primary Non-Contributory basis to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form #ECA24503 0214, Waiver of Transfer of Rights of Recovery Against Others To Us: provides Waiver of Subrogation to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Form #CA9948 1013, Pollution Liability - Broadened Coverage for Covered Autos HOWDY-1 04/15/2020Howdy Enterprises Ltd Page 38 of 204 NOTEPAD PAGE INSURED'S NAME Date 3 OP ID: JM EXCESS LIABILITY: Form #MAUB1000 0417, Excess liability - Coverage under this policy will follow the terms, definitions, conditions and exclusions of Scheduled Underlying Insurance (General Liability, Contractors Pollution Liability, Auto Liability and Employers Liability,) subject to the Policy Period, Limits of Insurance,premium and all other terms, definitions, conditions and exclusions of this policy. Provided, however, that coverage provided by this policy will not be broader than the coverage provided by the policy listed in Schedule of Underlying Insurance. HOWDY-1 04/15/2020Howdy Enterprises Ltd Page 39 of 204 May 28, 2020 Item No. 3.3. Provision of services by Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by approving Renewal No. 1 and Amendment No. 2 for a total estimated annual expenditure amount of $240,000.00. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by approving Renewal No. 1 and Amendment No. 2 for a total estimated annual expenditure amount of $240,000. Relationship to Strategic Goals: Core Services and Infrastructure Financial Sustainability Recommendation(s): Staff respectfully recommends approving Renewal No. 1 and Amendment No. 2. Summary: May 11, 2017, City Council approved a service agreement with Global Payments Direct, Inc. to provide merchant card and credit card payment processing services to the City for an estimated annual expenditure amount of $850,000. The contract provides for an initial three (3) year term with two (2) additional one (1) year renewal options. The annual expenditure amount was based on a contracted per-transaction rate and an estimated volume of transactions. On June 13, 2019, Council approved additional funds for the second automatic contract term and an amendment to formally adjust the annual estimated expenditure amount to $1,300,000. This increase was due to an exponential increase in the number of transactions which was a result of an increase in population and the citizen’s high demand for the ability to pay for fees and services electronically via credit/debit card. Amendment No. 2 will formally adjust the annual contract amount for Renewal No. 1 to $240,000.00. This decrease is a result of Utility Customer Service moving to new integrated online payment processors in response to the Click2Gov security breach and Parks and Recreation Department moving to a new integrated processor with the RecTrac upgrade. The following departments accept various credit/debit cards as a method of payment and will remain with the Global Payments Direct contract: City Secretary Office, Municipal Court, Accounting, Planning & Development, Northgate Garage and Northgate street meters. At Municipal Court, convenience fees are applied to fines and fees paid using debit/credit cards as many fees collected are passed through to other agencies. The remainder of the City departments absorb the banking and service fees related to accepting debit/credit cards. Budget & Financial Summary: Banking and service fees associated with the acceptance of credit cards as a method of payment are charged to each department that accepts Visa, MasterCard and Discover. Reviewed & Approved by Legal: No Attachments: Page 40 of 204 1.17300033R1 AMD2 Global Payments Direct Page 41 of 204 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 42 of 204 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov the heart of the Research Valley May 1, 2020 ATTN: David Green GLOBAL PAYMENTS DIRECT, INC. 10 Glenlake Parkway Northeast Atlanta, GA 30328 RE: Contract #17300033 (“Contract”), Renewal No. 1 and Letter Amendment No. 2 City of College Station General Service Contract Dear Mr. Green, The City of College Station (“City”) and you, acting on behalf of Global Payments Direct, Inc. (“Global”) would like to renew the above-referenced Contract for an amended amount not to exceed $240,000.00 for the term of June 1, 2020 through May 31, 2021. This is the first of two renewal options available. Both the City and Global mutually agree that Section 1.1 of the Contract be amended to read in its entirety as follows: 1.1 Consideration. In consideration for the services performed in the Scope of Services and Contractor’s completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Two Hundred Forty Thousand and No 100 Dollars for each year this Contract is in effect. Both parties agree that all other terms and conditions as set forth in the Contract remain unchanged. By signature below, the parties indicate their written mutual acceptance of this renewal and amendment in accordance with the terms of the Contract. In order to assist in processing, we ask that you electronically sign the following acceptance letter via DocuSign. Sincerely, Lisa D. Davis, CPM, APP Purchasing Manager Page 43 of 204 RENEWAL NO. 1 AND LETTER AMENDMENT NO. 2 ACCEPTANCE Contract No. 17300033 ACCEPTED AND APPROVED: GLOBAL PAYMENTS DIRECT, INC. By: _______________________________ Name: _______________________________ Title: _______________________________ Date: _______________________________ CITY OF COLLEGE STATION, TEXAS _______________________________ Bryan Woods, City Manager Date: _______________ APPROVED: _______________________________ City Attorney Date: _______________ _______________________________ Asst. City Manager/CFO Date: _______________ Page 44 of 204 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Page 45 of 204 May 28, 2020 Item No. 3.4. Tenant Based Rental Assistance due to COVID-19 Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of Tenant Based Rental Assistance (TBRA) Guidelines to assist College Station residents with rental assistance payments for College Station households affected by the disaster declarations due to COVID-19. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Recommendation(s): Staff recommends approval of new Tenant Based Rental Assistance Guidelines in response to COVID-19. Summary: At the May 14, 2020, City Council meeting, Council approved a substantial amendment to the 2015-2019 Consolidated Plan, PY 2019 Annual Action Plan and Community Development budget. This amendment allows for the creation of a rent assistance program for residents affected by COVID-19 and unable to pay rent. The amendment also reprograms funds from Owner-Occupied Rehabilitation, Down Payment Assistance, and New Construction in the current Community Development Budget for funding for the Rent Assistance Program in the amount of $475,000. Staff presented the following basic information regarding the proposed program: -Funded with $475,000 of HOME Investment Partnership Program grant funds -Staff implemented and managed -Rent assistance provided for up to three months with a $1,000 per month maximum -Only rent assistance will be provided -Assistance will exclude households with tenants who are dependents of other households Applicants will complete an online eligibility questionnaire. Households meeting the eligibility criteria would then be selected through a randomized process and have one week to provide all required documentation. Landlords must agree to accept the assistance and complete payment information. Payments will be made directly to the landlord indicated on the current lease on behalf of the tenant. It is anticipated that funding available will provide assistance to a minimum of 160 households. The proposed guidelines were developed based on several waivers of federal requirements allowed by the CARES Act. This program is designed to address community issues caused by COVID-19 and the various local, state, and federal disaster declarations. Budget & Financial Summary: $475,000 in HOME funds is available in the FY2020 Community Development budget. Reviewed & Approved by Legal: No Attachments: 1.2020-0679 COVID 19 Rent Assistance - Final Page 46 of 204 Page 47 of 204 Page 1 of 5 CITY OF COLLEGE STATION COVID 19 TENANT BASED RENTAL ASSISTANCE (TBRA) RENT ASSISTANCE PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the general operating procedures contained in 24 CFR Part 92 (Home Investment Partnerships Program) and HUD issued Memoranda on Suspensions and Waivers for HOME Program COVID-19 Response will be followed). A.STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station COVID 19 Tenant Based Rental Assistance Rent Assistance Program (COVID 19 TBRA) is funded through the U.S. Department of Housing and Urban Development (HUD) Home Investment Partnership Program (HOME) funds. Additionally, the City may utilize other local, state, or federal resources that become available. COVID 19 TBRA is designed to assist income-eligible renters who reside inside the city limits of College Station and whose income has been effected by the COVID 19 pandemic with rent assistance. COVID 19 TBRA financial assistance shall be limited to providing qualified applicants with rent assistance under the provisions of 92 CFR § 92.209 and applicable suspensions and waivers outlined in HUD issued Memoranda on April 10, 2020. This program will terminate with suspensions and waivers in the April 10, 2020 HUD Memoranda on December 31, 2020, unless all applicable suspensions and waivers are extended and the City decides to extend the duration of the Program. The basic goals of the COVID 19 TBRA Program are: To provide income eligible renters who reside inside the City Limits of College Station whose income has been effected by the COVID 19 pandemic with rent assistance, To keep said renters from eviction and homelessness, To allow program participants to use income and/ or savings for other necessary expenses such as food and fuel. COVID 19 TBRA financial assistance shall be provided directly to landlords only after all required documentation has been provided and an applicant has been officially approved for the program by Community Services Department staff. All assistance will last no longer than December 31, 2020, unless the program is extended. Page 48 of 204 Page 2 of 5 B.COVID 19 TBRA ELIGIBILITY CRITERIA Eligible applicants of COVID 19 TBRA assistance must meet the following qualifications: 1.An applicant must have a gross income of less than sixty (60) percent of the College Station/Bryan area median income as established by HUD. Income will be determined by a self-certification form as provided at 24 CFR 92.203(a)(1)(ii). 2.Applicants must have had a documentable loss of income due to the current COVID 19 pandemic. 3.Applicants must provide all required documents as prescribed in a documentation checklist such as a copy of a current lease and copies of drivers’ licenses and social security cards for all household members. 4.Applicants must reside inside the city limits of College Station. 5.Assistance will not be provided to households currently receiving a federal housing subsidy. 6.Applicants who are full time students and who are claimed as a dependent of another person or household are not eligible for assistance. 7.Applicants must have occupied their current rental unit since March 1, 2020. 8.Applicants must have been current on their rent as of April 10, 2020. 9.Applicants cannot currently be receiving rental assistance from another source. Applicants cannot receive other forms of rental assistance while receiving assistance under this program. 10.Citizenship: In order to receive COVID 19 TBRA assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified Alien status will be verified by the U.S. Citizenship and Immigration Services Division of the Department of Homeland Security. C.PROPERTY CRITERIA Property eligible for assistance under COVID 19 TBRA is subject to the requirements of 24 CFR § 92.209, applicable suspensions or waivers, and as follows: 1.The COVID 19 TBRA program will be implemented on a city-wide basis within the city limits of the City of College Station. Page 49 of 204 Page 3 of 5 2.All property, located within the above mentioned boundaries, having a current lease is eligible. D.TERMS OF ASSISTANCE COVID 19 TBRA assistance will provide up to three (3) months of rent assistance to qualifying applicants. Monthly rent assistance will not exceed $1,000.00. Funds will not be paid directly to program participants. Assistance will be provided directly to an apartment complex or landlord after a current lease is furnished. E.HOUSING QUALITY PLAN 1.Community Services Departmental staff, who are experienced in conducting inspections of housing units for health and safety standards will complete inspections of all proposed units for conditions posing a health or safety threat to occupants within 120 days of assistance. 2.All properties must meet all requirements under 24 CFR § 92.251(a) (Property standards) within 120 days of assistance. 3.Subject properties will be reviewed with regards to environmental issues as required by federal guidelines in 24 CFR § 92.352 (Environmental review). Properties not eligible for federal assistance due to environmental hazards will be ineligible for this program. G.APPLICATION PROCESS Interested applicants will be asked to complete an on-line eligibility questionnaire. The questionnaire will be available for a predetermined number of days. In order to give every eligible household and equal chance of receiving assistance, those meeting eligibility criteria as asked by the questionnaire will be entered for a chance to be randomly selected to fill out a full application. Those selected will be given an application form and instructions for completion. Staff will be available to assist with completion of required forms. 1.Selected applicants will have a pre-determined amount of time to submit all required documents. Failure to provide documents within the required timeframe will result in the application denial. 2.Once an applicant meets all program requirements, an agreement will be entered into with the applicant’s landlord. Page 50 of 204 Page 4 of 5 3.Previous COVID 19 TBRA recipients are not eligible for additional COVID 19 TBRA assistance. 4.Applicants falsifying information will be disqualified from participating in the program and may be subject to criminal prosecution. H.ANTI-DISPLACEMENT POLICY STATEMENT 1.The City shall not engage or participate in any activities that influence the permanent and/or involuntary relocation or displacement of any low-income family due to the COVID 19 TBRA program pursuant to the provisions of 24 CFR§ 92.353 Displacement, Relocation, and Acquisition. 2.It is not anticipated that it would be necessary to relocate any families. However, the City will follow the relocation procedures as set forth in its adopted Anti-Displacement Policy if the need does arise. I.EQUAL OPPORTUNITY STATEMENT The City of College Station is committed to providing equal opportunity for minority- or women-owned businesses to compete and obtain contracts for City sponsored projects, and will comply with the provisions of 24 CFR § 92.350 (Other Federal requirements and nondiscrimination) and 24 CFR § 92.351 (Affirmative marketing; minority outreach program). J.FAIR HOUSING POLICY STATEMENT The City of College Station adopted a Fair Housing Ordinance in 1979, which prohibits discrimination in the sale or rental of housing, and discrimination in the provision of brokerage services. The ordinance also outlines the City's procedures regarding complaints, investigation, cumulative legal effect, unlawful intimidation, education and public information and penalty. The City is not under any court order or decree regarding Fair Housing. Relevant policies and codes have been examined and no exclusionary zoning codes were evident. The City of College Station does not have a rental control ordinance. The City of College Station will comply with the provisions of 24 CFR § 92.351 (Affirmative marketing; minority outreach program). Information regarding the COVID 19 TBRA program will be made available to the public through the use of a variety of public media, to include: meetings, the City’s website and ads in the classified section of the newspapers. Press releases may be given to the local media. Information and applications will be made available to local agencies that deal with low to moderate income people. Other methods of program information outreach may be utilized, including utility bill inserts, direct mailing, television advertising, and applications and program information will also be available on various City-specific media. Page 51 of 204 Page 5 of 5 In addition, the City of College Station will seek technical assistance from the appropriate HUD staff in order to ensure that all Fair Housing requirements and standards are upheld and ultimately furthered. Page 52 of 204 May 28, 2020 Item No. 3.5. Annual Electric System Construction & Maintenance Labor Contract Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the first renewal of an Annual Electric System Construction and Maintenance Labor Contract with Kasparian Underground, LLC dba H&B Contractors for a not to exceed amount of $750,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends renewal of contract 19300477, and Change Order # 2 to Kasparian Underground, LLC dba H&B Contractors in the amount of $750,000 for labor related to underground electric facilities and additional services. Summary: The Annual Electric System Construction & Maintenance Labor Contract is for supplemental labor and equipment to construct the required electric distribution line extensions and conversions, and to provide for the necessary maintenance of the City’s electric distribution system for a twelve (12) month period. The change order covers a joint CSU/BTU project to bore conduits under State Hwy 6. Kasparian has also exercised its right to increase the unit prices by 10 percent, as allowed in the original contract. The unit price increase does not affect the overall cost of the contract. This is the first of two possible renewals. Budget & Financial Summary: Funds for labor in these contracts are budgeted in the Electric Capital Improvements and Maintenance Projects Funds and will be expensed as work is assigned. Reviewed & Approved by Legal: No Attachments: 1.Contract is available for review in the City Secretary's Office Page 53 of 204 Contract is available for review in the City Secretary’s office. Page 54 of 204 May 28, 2020 Item No. 3.6. Impact Fee Semi-Annual Report Sponsor:Carol Cotter Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): At their meeting on May 7, 2020, the Planning and Zoning Commission, along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee, unanimously recommended acceptance of the Report. Staff also recommends that Council acknowledge and accept the Semi-Annual Report. No further action is required at this time. Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation has occurred in phases, with full fee implementation having occurred in December of 2018. The service area for roadway impact fees is bounded by the city limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow city limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Land Use Assumptions and the related Capital Improvements Plans have remained unchanged over the reporting period October 1, 2019, through March 31, 2020. This report primarily documents the fees collected in each of the service areas since there have been no major changes to any of the impact fee programs during the reporting period. The Planning and Zoning Commission, with the inclusion of an ETJ representative for service areas extending into ETJ, serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. On May 7, 2020, the IFAC discussed and unanimously recommended support of the Semi-Annual Report. It is now being forwarded to Council for your status update. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Semi-Annual Report with attachments Page 55 of 204 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: May 7, 2020 TO: Planning and Zoning Commission / Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi-Annual Report - System-Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation has occurred in phases, with full fees having occurred in December of 2018. The service area for roadway impact fees is bounded by the city limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow city limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Local Government Code requires Semi-Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. There have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. Staff recommends that the Advisory Committee forward this report to City Council for their update. The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC) with the inclusion of an ETJ representative for service areas extending into the ETJ. The IFAC is established to: 1. Advise and assist the City in adopting Land Use assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. System-Wide Impact Fees System-wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. The City’s adopted collection rates are lower than the maximum allowable fees calculated as presented in the table below. Water and wastewater fees were phased in over a two-year period, starting at 50% of the adopted rate, but are now being collected at the full rate. Roadway impact fees were phased in over a three-year period, beginning with zero fee collection in year one and 50% in year two. Full implementation of the fees occurred in December of 2018. Page 56 of 204 Land Use Assumptions and the related Capital Improvements Plans have remained unchanged over the reporting period October 1, 2019 through March 31, 2020. Impact fees can only be spent on eligible projects identified in the CIP. Status of the various programs are as follows: pace Water $500/Service Unit System-wide water impact fee revenues collected over the reporting period were $233,050 for a total amount of $952,850. Eligible costs of the adopted water system capital improvements plan were estimated at $34,140,850. Projected revenues at the adopted rate were estimated to be $5,852,048 based on the study’s 10-year growth assumptions. Collected amounts are budgeted to help fund Well #9 and Well #9 Collection Loop projects currently under construction, as well as, the SH6 Water Line project. Wastewater $3,000/Service Unit System-wide wastewater impact fee revenues collected over the reporting period were $1,011,750 for a total amount of $4,348,400. Eligible costs of the adopted wastewater system capital improvements plan were estimated at $72,285,486. Projected revenues at the adopted rate were estimated to be $36,174,000 based on the study’s 10-year growth assumptions. Collected amounts are being used to help fund the Lick Creek Wastewater Treatment Plant expansion, currently under construction. Roadway $375(Res) $80(Non-Res) /Service Unit Roadway impact fees collected over the reporting period were $62,246 for total amount of $184,332 (Zone A), $205,402 for total amount of $318,698 (Zone B), $93,955 for total amount of $641,738 (Zone C), and $46,254, for total amount of $229,781 (Zone D). Eligible costs of the adopted roadway capital improvements plan were estimated at $134,000,000. Projected revenues at the adopted rates were estimated to be $12,000,000 based on the study’s 10-year growth assumptions. Collected amounts in Zone C are being used to help fund the Capstone/Barron Road Realignment project. Specific allocations from remaining zones will be made to impact fee eligible projects within the applicable zones in FY20 as warranted. System-Wide Impact Fee Allowable Max Fee per Service Unit Adopted Collection Rate per Service Unit 10-Year Capital Needs Max Allowable Capital Improvement Costs Total Amount Collected Recoverable at Collection Rate Water $2,917 $500 $49M $34M $952,850 $5M Wastewater $5,519 $3000 $154M $72M $4,348,400 $36M Roadway Zone A $1,061 $375/$80 $17M $15M $184,332 $2.4M Roadway Zone B $1,072 $375/$80 $35M $16M $318,698 $3.0M Roadway Zone C $2,556 $375/$80 $71M $49M $641,738 $4.1M Roadway Zone D $4,004 $375/$80 $166M $55M $229,781 $2.5M Attachments: 1. Future Land Use Map 2. Impact Fee Service Area Map Water 3. Impact Fee Service Area Map Wastewater 4. Impact Fee Service Area Map Roadway Page 57 of 204 Texas A & M UniversityTexas A & M UniversityEAST BYPFM 2154 RDFM 50 RDE 29TH S T ROCK PRAIRIE RDCOUNTY RD-190 JONES RDRIVER RDWILLIAM D FITCH PKWYI AND GN R DCOUNTY RD-175FM-60BIRD POND RDWEL S H A V EUNIVERSITY DR ECOLE LNH O P E S C R E E K R D B O O NEVILLERDKOPPE BRIDGE RDPEACHCREEKRDHARVEY RDCAVI T T A V E BARRON RDROYDER RDKEMP R D W VILLA MARIA RDARRINGTON RDTONKAWAY LAKE RDN DOWLING RDROESE RDTEXAS AVE SDEACON DRE A R L R U D D E R F W Y S BARAK LNHARDY WEEDON RDGRAHAM RDF AND B RDN GRAHAM RDBECK STCOUNTY RD-269B ROADMOORDRS D O W LINGRDN E A R L R U D D E R F W Y NUNN JONES RDW 28TH STDOMINIK DRWEEDON LOOPJOHN RICE DRCARTER CREEK PKWY FM159RDFRANCIS DRGREENS PRAIRIE RD WN HARVEY MITCHELL PKWYLONGMIREDR NAVASOTARDGFINFE AT HE R R D QUAIL RUNHOLLEMAN DRSTRAUBRDCHICK LNPIPELINE RDOAK DRBRIARCRESTDRGLADE STVICTORIA AVEE 25TH STLEONARD RDE WM J BRYAN PKWYSEBESTA RDELMO WEEDON RDE 23RD STGANDY RDHICKS LNBRADLEY RDLINDA 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H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-1)-Future_LandUse.mxdUpdated: Wednesday, July 13, 2016FUTURE LAND USE111 - Neighborhood Conservation910 - Rural130 - Estate140 - Village Center109 - Restricted Suburban110 - General Suburban120 - 250 - Urban275 - Urban Mixed Use210 - General Commercial200 - Suburban Commercial310 - Business Park410 - Institutional/Public800 - Natural Areas - Reserved430 - Medical Use450 - Texas A&M University710 - 720 - Natural Areas - Protected850 - Utilities!!!!!!!456 - Redevelopment Areas999 - Water¬¬¬¬¬¬816 - Wellborn Preserve - Open¬¬¬¬¬¬136 - Wellborn Estate - Open¬¬¬¬¬¬315 - Wellborn Business Park¬¬¬215 - Wellborn Commercial¬¬¬815 - Wellborn Preserve¬¬¬¬¬¬135 - Wellborn Estate¬¬¬¬¬¬108 - Wellborn Restricted Suburban¬¬¬115 - Wellborn SuburbanLand UseExpected(LUE per Acre)Worst Case(LUE per Acre)2010 Census Density(People per LUE)Institutional/Public - - -Natural Areas - Protected - - -Natural Areas - Reserved - - -Neighborhood Conservation - - -Rural ---Texas A&M University - - -Business Park 2 2 2.38Estate 0.8 1 2.38General Commercial 4 6 2.38General Suburban 4 6 2.38Medical 6 6 2.38Restricted Suburban 3 4 2.38Suburban Commercial 4 6 2.38Urban 15 30 2.38Urban Mixed Use 20 35 2.38Village Center 20 35 2.38FUTURE POPULATION DENSITYPage 58 of 204 (#UT(#UTUTUT[Ú!(!(!(!(!(!(!(2.0 MG Greens PrairieElevated Storage TankOverflow Elev. = 522'Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage TankOverflow Elev. = 370'3.0 MG Park PlaceElevated Storage TankOverflow Elev. = 522'City of Bryan29th StreetTexas A&MUniversityVilla MariaTexas A&M UniversityMaple StreetTexas A&M UniversityOlsen FieldWellbornHollemanWellbornRock PrairieWellbornFoxfire?c?c?c?¡?¡?À?¡?¡B U R L E S O N C O .B R A Z O S C O .18''12''24''30''42''16''20''10''16''1 2 ''16''18''12''1 2 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Wastewater Line10" and Larger Wastewater Line8" and Smaller Force Main10" and Larger Force MainRoadRailroadStreamLake/PondParcelImpact FeeWastewater Service AreaCity LimitETJ BoundaryOther City LimitCounty LineFIGURE 2-3CITY OF COLLEGE STATIONIMPACT FEEWASTEWATER SERVICE AREA!ICreated By Freese and Nichols, Inc.Job No.: CCL16175Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-3)-Existing_WW_Service_Area.mxdUpdated: Wednesday, October 12, 2016User: 02499Page 60 of 204 ROCK PRAIRIE ROAD W I L L I A M D F I T C H PA R K WAY SH 6 H A RV E Y M I T C H E L L PA R K WAY WELLBORN ROADSOUTH TEXAS AVENUE SH 6 ROCK PRAIRIE ROADBIRD POND ROADHARVEY ROADUNIVERSITY DRIVEB D A C Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Legend City Limits Service Areas A B C D Streets Exhibit 1Service Areas November 2016 N010.5 Miles Page 61 of 204 May 28, 2020 Item No. 3.7. BVWACS FY21 Budget Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the BVWACS annual operation & maintenance and capital budget. Relationship to Strategic Goals: Good Governance Financially Sustainable City Core Services and Infrastructure Recommendation(s): CIO recommends approval of the budget of $173,575.27 for the City of College Station Portion of the BVWACS FY2021 Budget. Summary: The BVWACS budget of $667,292.84 was proposed and approved by the BVWACS Governing Board. The City of College Station portion of the cost is 26.01% of the BVWACS. This amount is down $30,293.38. This reduction is due to the addition of Madison County as a BVWACS member, administrative cost remaining flat, and agreement by all partners to fund the Capital Fund Contribution at 50% of originally proposed amount. Budget & Financial Summary: Funding is through IT Communications Professional Services account. Reviewed & Approved by Legal: No Attachments: 1.FY2021 BVWACS Budget Allocations 2.FY2021 BVWACS Budget Overview Page 62 of 204 Count %O&M Capital Total College Station 968 27.47%147,075.82$ 56,792.84$ 203,868.65$ Bryan 458 13.00% 69,587.52$ 26,870.99$ 96,458.52$ Brazos 555 15.75% 84,325.49$ 32,562.01$ 116,887.50$ Per Radio/Year 210.61$ TAMU 320 9.08% 48,620.10$ 18,774.49$ 67,394.60$ Per Radio/Month 17.55$ Washington County 628 17.82% 95,416.95$ 36,844.94$ 132,261.89$ Brenham 304 8.63%46,189.10$ 17,835.77$ 64,024.87$ Grimes 291 8.26%44,213.91$ 17,073.05$ 61,286.96$ Total 3524 100.00% 535,428.90$ 206,754.09$ 742,182.99$ Count % O&M Capital Total FY19/20 Change College Station 1009 26.01% 146,684.98$ 26,890.29$ 173,575.27$ (30,293.38)$ Bryan 471 12.14% 68,472.37$ 12,552.36$ 81,024.73$ (15,433.79)$ Brazos 574 14.80% 83,446.16$ 15,297.35$ 98,743.51$ (18,143.99)$ Per Radio/Year 172.03$ TAMU 333 8.58% 48,410.40$ 8,874.60$ 57,285.00$ (10,109.60)$ Per Radio/Month 14.34$ Washington County 659 16.99% 95,803.17$ 17,562.64$ 113,365.81$ (18,896.08)$ Brenham 319 8.22% 46,375.13$ 8,501.49$ 54,876.62$ (9,148.24)$ Grimes 316 8.15% 45,939.00$ 8,421.54$ 54,360.54$ (6,926.42)$ Madison 198 5.10% 28,784.57$ 5,276.79$ 34,061.35$ N/A Total 3879 100.00%563,915.80$ 103,377.05$ 667,292.84$ (74,890.15)$ FY2020 Allocations FY2021 Proposed Allocations - WITH MADISON COUNTY Annual (Includes Capital) Per Radio Annual (Includes Capital) Per Radio Page 63 of 204 Description FY2020 FY2021 FY20/21 Change Capital Fund Contributions 206,754.09$ 103,377.05$ ($103,377.05) Expenses Salary - System Manager 99,016.64$ 99,016.64$ $0.00 Salary - BVCOG Misc 6,684.44$ 6,951.82$ $267.38 Salary Total 105,701.08$ 105,968.46$ $267.38 Benefits Total 28,965.04$ 30,123.64$ $1,158.60 General, Administrative, & Maintenance Expense Consulting Fees *Other Admin*-$ -$ $0.00 Professional Fees *Other Admin*-$ 2,500.00$ 2,500.00$ Audit Expense *Other Admin*2,357.67$ 2,451.98$ $94.31 Travel Expense 8,000.00$ 8,000.00$ $0.00 Maintenance, Motorola 180,970.92$ 206,439.38$ $25,468.46 Maintenance, Harris County 49,360.59$ 52,156.77$ $2,796.18 Maintenance, General *Contingency* 25,000.00$ 30,000.00$ $5,000.00 Supply Expense *Other Admin* -$ -$ $0.00 Copier Expense *Postage & Printing* 350.00$ 350.00$ $0.00 Maintenance, Data Connectivity 60,000.00$ 50,000.00$ ($10,000.00) Telephone Expense 1,800.00$ 1,800.00$ $0.00 Postage Expense *Postage & Printing* 75.00$ 75.00$ $0.00 Insurance, General 10,000.00$ 10,000.00$ $0.00 Training and Meeting Expense *Other Admin* 2,750.00$ 2,750.00$ $0.00 General, Admin, & Maintenance Expense Total 340,664.18$ 366,523.13$ $25,858.95 Indirect Indirect Cost Expense 21,500.00$ 21,930.00$ $430.00 ISF Accounting Service ISF 9,374.56$ 9,562.05$ $187.49 System Administration ISF 10,553.40$ 10,764.47$ $211.07 Copy/Fax Service ISF 482.76$ 492.42$ $9.66 Human Resource Management ISF 7,971.29$ 8,130.72$ $159.43 Office Space ISF 7,858.92$ 8,016.10$ $157.18 Receptionist/Internet/Local Phone ISF 2,357.67$ 2,404.82$ $47.15 ISF Total 38,598.60$ 39,370.57$ $771.97 Annual Operating & Maintenance Total 535,428.90$ 563,915.80$ $28,486.90 Annual Operating, Maintenance, & Capital Total 742,182.99$ 667,292.84$ ($74,890.15) BVWACS FY2021 Approved Budget Page 64 of 204 May 28, 2020 Item No. 3.8. Amendment #2 to add Business Associate Agreement to the original contract in compliance with HIPAA and the Texas Medical Records Act. Sponsor:Scott Giffen Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a General Service Contract Amendment with Emergicon, LLC. Relationship to Strategic Goals: Core Services and Infrastructure Good Governance Recommendation(s): Staff recommends approval of this amendment. Summary: Amendment to Contract #18300157. Business Associate Agreement between City of College Station and Emergicon, LLC to ensure that Emergicon, LLC will appropriately safeguard protected health information (PHI) that is created, received, maintained or transmitted on behalf of City of College Station. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.18300157 AMD2 Emergicon, LLC Page 65 of 204 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 18300157 AMD2 N/A 18-028 Automated Ambulance Billing, Accounts Receivable and Delinquent Account Collection Services Emergicon, LLC 155,000.00 n Amendment #2 Amendment #2 to add Business Associate Agreement to the original contract in compliance with HIPAA and the Texas Medical Records Act. N/A On File.N/A N/A N/A N/A N/A N/A 5/15/2020 5/15/2020 5/17/2020 5/17/2020 Page 66 of 204 Emerigcon Service Agreement Second Amendment Page 1 Contract Number 18300157 SECOND AMENDMENT TO THE CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This Second Amendment (“Amendment”) to the General Service Contract (“Agreement”) between City of College Station, a Texas Home Rule Municipal Corporation (“City”) and Emergicon LLC, (“Emergicon “) with a principal place of business at 709 W Broad Street, Suite 100, Forney, TX 75126. WHEREAS, the City and Emergicon entered into an Agreement on April 12, 2018, with contract number 18300157; and WHEREAS, the City and Emergicon entered into an Amendment on April 9, 2020, to add the Texas Ambulance Supplemental Payment Program; and WHEREAS, the parties desire to amend the Agreement as stated below; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth below, the parties agree to amend the Agreement by amending: A.Amend the first paragraph to: This General Service Contract is by and between the City of College Station, a Texas Home –Rule Municipal Corporation ( the " City"), and Emergicon, L.L.C. ( the " Contractor"), for the following work: Automated Ambulance Billing, Accounts Receivable, Delinquent Account Collections, Responding to Requests for Medical Records and TASPP Services as described in the Scope of Services attached as Exhibit "A". B.Amend Exhibit A by adding: 1.Emergicon will handle all aspects of the City’s EMS account management including coding, billing, payment posting, accounts receivable follow- up, compliance and responding to all requests for medical records. 2.Emergicon will ensure before any medical records are disclosed to any person, the request is reviewed for legal compliance and depending on the type of request, it has a proper a subpoena signed by a judge, an executed authorization, court order signed by a judge or satisfactory assurances according to HIPAA and TMRA. 3.Adding as attached in Exhibit 1 the Business Associate Agreement. Page 67 of 204 Emerigcon Service Agreement Second Amendment Page 2 Contract Number 18300157 C.Amend Exhibit B’s First Paragraph to: In consideration of the Automated Ambulance Billing, Accounts Receivable, Delinquent Account Collections, and Responding to Requests for Medical Records services performed, the City will pay the Contractor a fixed fee of five percent (5%) of the total amount collected. The Contractor will be paid monthly upon receipt of a detailed account invoice. D.Amendment Terms. 1.This Amendment is governed by and construed according to the Agreement’s terms and conditions. All other terms and conditions of the Agreement shall remain in full force and effect. 2.Each party represents that: (a) it has the authority to enter into this Amendment; and (b) that the individual signing this Amendment on its behalf is authorized to do so. 3.This Amendment is effective when signed by the last Party whose signing makes the Amendment fully executed. EMERGICON, LLC CITY OF COLLEGE STATION By: By: Christopher Turner, President & CEO City Manager Date: Date: APPROVED: ________________________________ City Attorney Date: ________________________________ Assistant City Manager/CFO Date: 5/15/2020 5/15/2020 5/17/2020 5/17/2020 Page 68 of 204 Emerigcon Service Agreement Second Amendment Page 3 Contract Number 18300157 EXHIBIT 1 BUSINESS ASSOCIATE AGREEMENT Page 69 of 204 Emerigcon Service Agreement Second Amendment Page 4 Contract Number 18300157 Business Associate Agreement Between City of College Station and Emergicon, LLC This Business Associate Agreement (“Agreement”) between City of College Station and Emergicon, LLC is executed to ensure that Emergicon, LLC will appropriately safeguard protected health information (“PHI”) that is created, received, maintained, or transmitted on behalf of City of College Station in compliance with the applicable provisions of Public Law 104‐191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F – Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), and with Public Law 111‐5 of February 17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D – Privacy, Sections 13400, et seq., the Health Information Technology and Clinical Health Act, as amended (the “HITECH Act”). A.General Provisions 1.Meaning of Terms. The terms used in this Agreement shall have the same meaning as those terms defined in HIPAA. 2.Regulatory References. Any reference in this Agreement to a regulatory section means the section currently in effect or as amended. 3.Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with HIPAA. B.Obligations of Business Associate Emergicon, LLC, agrees that it will: 1.Not use or further disclose PHI other than as permitted or required by this Agreement or as required by law; 2.Use appropriate safeguards and comply, where applicable, with the HIPAA Security Rule with respect to electronic protected health information (“e‐ PHI”) and implement appropriate physical, technical and administrative safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement; 3.Report to City of College Station any use or disclosure of PHI not provided for by this Agreement of which it becomes aware, including any security incident (as defined in the HIPAA Security Rule) and any breaches of unsecured PHI as required by 45 CFR §164.410. Breaches of unsecured PHI shall be reported to City of College Station without unreasonable delay but in no case later than 60 days after discovery of the breach; 4.In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Emergicon, LLC agree to the same restrictions, conditions, and requirements that apply to Emergicon, LLC with respect to such information; 5.Make PHI in a designated record set available to City of College Station and to an individual who has a right of access in a manner that satisfies City of College Station’s obligations to provide access to PHI in accordance with 45 CFR §164.524 within 30 days of a request; 6.Make any amendment(s) to PHI in a designated record set as directed by City of College Station, or Page 70 of 204 Emerigcon Service Agreement Second Amendment Page 5 Contract Number 18300157 take other measures necessary to satisfy City of College Station’s obligations under 45 CFR §164.526; 7.Maintain and make available information required to provide an accounting of disclosures to City of College Station or an individual who has a right to an accounting within 60 days and as necessary to satisfy City of College Station’s obligations under 45 CFR §164.528; 8.To the extent that Emergicon, LLC is to carry out any of City of College Station’s obligations under the HIPAA Privacy Rule, Emergicon, LLC shall comply with the requirements of the Privacy Rule that apply to City of College Station when it carries out that obligation; 9.Make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Emergicon, LLC on behalf of City of College Station, available to the Secretary of the of Health and Human Services for purposes of determining Emergicon, LLC and City of College Station’s compliance with HIPAA and the HITECH Act; 10.Restrict the use or disclosure of PHI if City of College Station notifies Emergicon, LLC of any restriction on the use or disclosure of PHI that City of College Station has agreed to or is required to abide by under 45 CFR §164.522; and 11.If City of College Station is subject to the Red Flags Rule (found at 16 CFR §681.1 et seq.), Emergicon, LLC agrees to assist City of College Station in complying with its Red Flags Rule obligations by: (a) implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R. §681.2); (b) taking all steps necessary to comply with the policies and procedures of City of College Station’s Identity Theft Prevention Program; (c) ensuring that any agent or third party who performs services on its behalf in connection with covered accounts of City of College Station agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft; and (d) alerting City of College Station of any Red Flag incident (as defined by the Red Flag Rules) of which it becomes aware, the steps it has taken to mitigate any potential harm that may have occurred, and provide a report to City of College Station of any threat of identity theft as a result of the incident. C.Permitted Uses and Disclosures by Business Associate The specific uses and disclosures of PHI that may be made by Emergicon, LLC on behalf of City of College Station include: 1.The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by City of College Station to its patients; 2.Preparation of reminder notices and documents pertaining to collections of overdue accounts; 3.The submission of supporting documentation to carriers, insurers and other payers to substantiate the healthcare services provided by City of College Station to its patients or to appeal denials of payment for the same; and 4.Other uses or disclosures of PHI as permitted by HIPAA necessary to perform the services that Emergicon, LLC has been engaged to perform on behalf of City of College Station. Page 71 of 204 Emerigcon Service Agreement Second Amendment Page 6 Contract Number 18300157 D.Termination 1.City of College Station may terminate this Agreement if City of College Station determines that Emergicon, LLC has violated a material term of the Agreement. 2.If either party knows of a pattern of activity or practice of the other party that constitutes a material breach or violation of the other party’s obligations under this Agreement, that party shall take reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are unsuccessful, terminate the Agreement if feasible. 3.Upon termination of this Agreement for any reason, Emergicon, LLC shall return to City of College Station or destroy all PHI received from City of College Station, or created, maintained, or received by Emergicon, LLC on behalf of City of College Station that Emergicon, LLC still maintains in any form. Emergicon, LLC shall retain no copies of the PHI. If return or destruction is infeasible, the protections of this Agreement will extend to such PHI. Emergicon, L.L.C. City of College Station Signature: Signature: Date: Date: 5/15/2020 5/18/2020 Page 72 of 204 May 28, 2020 Item No. 3.9. 2611 Texas Avenue South – Lease Agreement Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the lease of 3.1 acres including an approximately 28,949 square foot building at 2611 Texas Avenue South, formerly used as headquarters for the police department, to International American Education Federation, Inc., d/b/a International Leadership of Texas, a Texas Domestic Nonprofit Corporation, for an initial term of three years for the total amount of approximately $1,015,580. Relationship to Strategic Goals: - Good Governance - Financial Sustainability Recommendation(s): Staff recommends approval of the lease agreement. Summary: In late 2019 as the new police headquarters was nearing completion, staff began looking at potential short term leasing options for the existing police station building on Texas Avenue. At the same time the International Leadership of Texas School was looking for a temporary space for their high school students while a new building is being developed. The School currently owns and operates the educational facility located near the intersection of Longmire Drive and Graham Road that serves students from kindergarten through 8th grade. Starting this fall, the School will have their first high school students entering the 9th grade. Their plans are to add a grade level each year until they have all 9th, 10th, 11th and 12th graders at one facility. Ideally, the permanent high school building will be ready for students in the fall of 2023. The initial lease term is three years with the option for two, one-year extensions. The lease provides for the City and School to work together on several operational items including the finish out of the interior, traffic control, parking and maintenance of the facility. More specifically minimizing the traffic impacts as the School adds students each year. There is a mutual benefit to both the City of College Station and the school enhancing each party’s ability to fulfill public and educational purposes. The City will be able to utilize the proceeds from the rent for public purposes while also being able to re-occupy the premises sometime in the future serving the best interests of its citizens and general public. Budget & Financial Summary: Base Rent is calculated on an annual basis but prorated as a monthly rate and paid on a monthly basis. Rent for the initial Lease Term is as follows: August 1, 2020 through July 31, 2021 ($268,703 total): August 1 – September 30: $0/mo. Page 73 of 204 October 1-July 31: $26,870.30/mo. August 1, 2021 through July 31, 2022 ($336,918.12 total): August 1-July 31: $28,076.51/mo. August 1, 2022 through September 30, 2023 ($409,957.94 total): August 1-September 30: $29,282.71/mo. Reviewed & Approved by Legal: No Attachments: 1.Lease Agreement Page 74 of 204 r::----------. · .R _ .. _,(!EIVED MAY l ,1 ,Q LEASE AGREEMENT fY : ............................. . STATE OF TEXAS ) ) COUNTY OF BRAZOS ) This Lease Agreement (the "Lease") made and entered into as of this day of ________ , 2020, by and between the City of College Station, Texas, a home-rule municipality ("Landlord"), and International American Education Federation, Inc., d /b/a International Leadership of Texas, a Texas Domestic Nonprofit Corporation ("Tenant" or "Lessee"). WITNESS ETH Landlord is the owner of a tract of land located in the City of College Station, College Station County, Texas, containing approximately 3.1 acres including an approximately 28 ,949 square foot building formerly used as Landlord's headquarters for its police depaiiment as well as other minor structures. This area is more particularly described in Exhibit "A" which is attached and made apart hereof for all purposes. Tenant desires to lease the Premises and the Improvements thereon from Landlord upon the terms and conditions set forth herein. Landlord and Tenant agree that this Lease will be of mutual benefit through enhancing each party's ability to fulfill public purposes and educational purposes by allowing Tenant to use the Premises and its Improvements to operate a charter high school for the education of its students and by Landlord using the proceeds from the rent towards public purposes while also being able to re-occupy the Premises sometime in the future in furtherance of its municipal public goals all of which serves the best interests of its citizens and general public. This Lease reflects a fair value to Landlord and Tenant for the lease of the Premises and its Improvements. NOW, THEREFORE, Landlord and Tenant agree as follows: ARTICLE I DEFINED TERMS Section 1.01. Definitions. For all purposes of this Lease, unless the context otherwise requires the following capitalized terms shall have the meaning indicated below: "Base Rent" means the minimum amount of Rent payable to City by Tenant to occupy and use the Premises, excluding net costs such as utilities and other costs as may be set forth in this Lease. "Code" means the Internal Revenue Code of 1986 , as amended. Contract No. ---- Lease Agreement Page I l Page 75 of 204 "Effective Date" means the date this Lease is duly approved by both parties. For the Landlord, its date approval is the date approved by its City Council. "Improvements" means all buildings, structures, and other Improvements currently existing including a main building approximately 28,949 square feet in size, 5 accessory storage structures, and other associated Improvements and appurtenances including outside HV AC equipment, two parking areas, two outdoor generators, and as further set forth in Exhibit "B" attached hereto and made a part hereof. Improvements include any future Improvements properly made, installed, constructed, placed, erected or otherwise present on the Leased Premises in accordance with this Lease after the Effective Date hereof. "Leased Premises" or "Premises" means the Premises and the Improvements thereon with a street address of 2611 Texas Avenue South, College Station, TX 77840 which are being leased by Tenant from Landlord in accordance with this Lease and as further described in Exhibit "A" and Exhibit "B" which are attached hereto and made a part hereof. "Lease Term" means the period commencing on August 1, 2020, and terminating at midnight on September 30, 2023 unless the Lease Term shall sooner terminate as set forth in this Lease, and unless duly extended in accordance with the terms herein. "Permitted Use" means the use and occupancy of the Premises for an instructional teaching facility as an accredited charter high school owned and operated by Tenant, including pedagogical instruction, physical education, extracurricular activities, and any and all other related appropriate uses typical for a general public or Texas-chartered high school, except as may be expressly limited in this Lease. "Regulations" means the applicable proposed, temporary or final Income Tax Regulations promulgated under the Code. "Rent" means the amount payable to Landlord and includes the assumption of all costs by Tenant associated with Tenant's occupancy and use the Premises during the term of this Lease and for which Rent may be adjusted from time to time in accordance with the terms herein. ARTICLE II GRANT AND TERM OF LEASE, RENTAL Section 2.01. Leasing Clause; Term. In consideration of the obligation of Tenant to pay Rent herein provided and in consideration of the other terms, covenants, and conditions of this Lease, Landlord does hereby lease, and let unto Tenant, and Tenant does hereby take and lease from Landlord, the Leased Premises, to use and occupy the Leased Premises, together with all rights, privileges, easements, and appurtenances belonging to or in any way appertaining to the Leased Premises for the Lease Term, upon and subject to the terms, conditions, and agreements hereinafter contained. Contract No. ---- Lease Agreement Page I 2 Page 76 of 204 The Lease Term may be automatically extended by Tenant for up to a maximum of two 1 year renewal periods upon one hundred eighty (180) days advance written notice to Landlord prior to the end of the Lease Term for each renewal period. Section 2.02. Security Deposit. Within 10 days of the Effective Date of this Lease, Tenant shall pay Landlord a deposit in the amount of Thirty Thousand One Hundred Fifty Five Dollars and Twenty Cents ($30,155.20) hereinafter sometimes referred to as the "Security Deposit." Currently, the last month of the initial Lease Term is September 30, 2023 The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the Lease Term. If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount that Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage that Landlord may suffer by reason of Tenant's use of the Premises or by reason of Tenant's default. If any portion of the Security Deposit is so used or applied, Tenant shall, within ten (10) business days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant's failure to do so shall be a default under this Lease. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit, or any balance thereof, shall be returned to Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within sixty (60) days following the expiration of the Lease Term. Tenant shall not be entitled to any interest on the Security Deposit. Section 2.03 Prepaid Rent. Tenant shall pay an amount equal to the third month's Base Rent upon the Effective Date of this Lease. Thereafter, Rent shall be due and payable in accordance with the provisions of Section 2.04 below. Section 2.04. Base Rent. Base Rent may be calculated on an annual basis but prorated as a monthly rate and paid on a monthly basis. Rent for the initial Lease Term shall be as follows: August 1, 2020 through July 31, 2021: August 1 -September 30: October 1-July 31: August 1, 2021 through July 31, 2022: August 1-July 31: August 1, 2022 through September 30, 2023: Contract No. ---· Lease Agreement $0/mo. $26,870.30/mo. $28,076.51/mo. Page I 3 Page 77 of 204 August I-September 30: $29,282.71/mo. In the event the Lease Term is renewed in accordance with the provisions of this Lease, the Base Rent for each additional term this Lease is in effect shall be adjusted to reflect any upward change in the market rate as determined by the Consumer Price Index for Housing or upward as may be mutually agreed upon in writing by the parties. The Base Rent shall be paid monthly with the first payment due and payable within ten (10) days of the execution of this Lease, and with the due date to fall thereafter on the first of the month. Failure to timely pay the Base Rent to Landlord shall be considered a breach and may result in termination of this Lease by Landlord pursuant to the termination provisions herein. Section 2.05. Lease Commencement. The Lease Commencement Date shall be as follows: August 1, 2020 (the "Lease Commencement Date") Section 2.06. Net Rent. This is an absolutely net lease, and except as may be expressly set forth elsewhere in this Lease all taxes, utilities, costs of Improvements, maintenance, repairs, alterations, additions, replacements, and insurance relating to the Leased Premises shall be at the sole cost and expense of Tenant; and Landlord shall not be obligated to make any Improvements, repairs, alterations, additions, or replacements whatsoever to the Leased Premises other than what may be expressly provided for in this Lease. Throughout the term of this Lease Tenant, at Tenant's own cost and expense, shall keep the Improvements, and all appurtenances thereunto belonging, in good and safe condition, order, and repair; and Tenant shall conform to and comply with all valid ordinances, regulations or laws, including federal, state and municipal, affecting the Leased Premises, and Tenant shall be responsible for all penalties, damages, or charges imposed or incurred for any violation by Tenant of such ordinances, regulations, or laws whether occasioned by the neglect of Tenant or by Tenant's agent, contractor, or licensee then upon or using the Leased Premises. Tenant shall also be responsible for any and all costs arising out of any accident or other occurrence causing injury to or death of persons, or damage to property, due to the condition of the Leased Premises, or of any buildings or other Improvements now or hereafter situated thereon, or the fixtures or personal property thereon or therein, or due to the use or neglect thereof by Tenant or any other persons holding under Tenant. It is not Tenant's intent, nor should this provision be construed otherwise, to waive the Landlord's governmental immunities against premises defects or any legal defenses to any suits or claims for damages. Section 2.07. Utilities. Tenant, at Tenant's sole cost and expense, shall be responsible for the securing and use of all utility services to all portions of the Leased Premises and for all other related utility expenses, including, but not limited to, deposits and expenses required for the installation of meters except as may be expressly provided for elsewhere in this Lease. This includes Tenant being responsible for electrical, water, sewer, gas, sanitation, cable and/or internet connectivity services. Tenant further covenants and agrees to pay all costs and expenses for any extension, maintenance or repair of any and all utilities serving the Leased Premises. In addition, Tenant agrees that all utilities, air conditioning and heating equipment and other electrically- operated equipment which may be used on the Leased Premises shall fully comply with Landlord's Contract No. ---- Lease Agreement Page 14 Page 78 of 204 Mechanical, Electrical, Plumbing, Building and Fire Codes, as they exist or may hereafter be amended. Section 2.08. TAXES AND ASSESSMENTS. Tenant is tax exempt entity and therefore does not pay any federal, state or local taxes; but, to the extent applicable agrees to pay any assessments which may lawfully be levied against Tenant due to Tenant's use or occupancy of the Premises or any Improvements or property placed on the Leased Premises by Tenant as a result of its occupancy. Section 2.09. Bonds Required of Lessee. For construction oflmprovements exceeding $50,000, including a series oflmprovements which total exceeds $50,000, Tenant shall deliver to Landlord a bond, executed by a corporate surety in a form acceptable to Landlord in the full amount for such Improvement or series of Improvements. The bond shall guarantee (i) satisfactory compliance by Tenant with all applicable requirements, terms and conditions of this Lease, including, but not limited to, the satisfactory completion of the respective Improvements, and (ii) full payments to all persons, firms, corporations or other entities with whom Tenant has a direct relationship for the construction of such Improvements. In lieu of the required bond, Tenant may provide Landlord with a cash deposit or an assignment of a certificate of deposit in an amount equal to 125% of the full amount of each construction contract or Improvement. If Tenant makes a cash deposit, Tenant shall not be entitled to any interest earned thereon. Section 2.10 License to enter Premises Prior to Lease Commencement Date. Following the Effective Date of this Lease but prior to the Lease Commencement Date, upon full compliance with the insurance provisions herein, and upon notice to Landlord, Landlord shall make the Premises available to Tenant at all reasonable times in order for Tenant, its agents and representatives, to conduct activities related to planning for its use and occupancy of the Premises as set forth in this Lease. This includes the engagement of a space planner of its choice. Tenant assumes all risk and responsibility relating to its use and occupancy of the Premises under this right of entry prior to the Lease Commencement Date and agrees to hold Landlord harmless, to indemnify Landlord and to assume full responsibility for any and all damages, injuries, death, legal actions, claims, and negligence of any kind whether by either party or a third party arising in whole or in part to Tenant's rights under this section. ARTICLE III TENANT USE OF PREMISES Section 3.01 General Use. Tenant may use and occupy the Premises beginning on the Effective Date of this Lease in accordance with the following: Contract No. A. Permitted Use. The Leased Premises may be used only for the Permitted Use unless expressly agreed otherwise in writing by the parties. Tenant understands and agrees that should a specific use of the Lease Premises unreasonably jeopardize the public purpose of this Lease including ensuring the tax exempt status of any of Landlord's bonds that are currently exempt all as determined by Landlord, that the parties shall work together to modify ---- Lease Agreement Page j 5 Page 79 of 204 or remove such use to the degree necessary to preserve the public purpose nature of this Lease; otherwise the Landlord may advise Tenant and Tenant shall cease such use or be in breach of this Lease and face termination as set forth elsewhere herein. Notwithstanding the foregoing, the Landlord agrees and represents that the Permitted Use of the Premises for high school educational purposes, including physical education and extracurricular activities generally as set forth in this Lease do not interfere with the public purpose of this Lease. B. NON-DISCRIMINATION COVENANT. Tenant, for itself, its personal representatives, successors in interest and assigns, as part of the consideration herein, agrees that no person shall be excluded from participation in or denied the benefits of Tenant's use of the Leased Premises on the basis ofrace, color, national origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender expression. Tenant further agrees for itself, its personal representatives, successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any Improvements or alteration to the Leased Premises on grounds of race, color, national origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender expression. C. Unlawful and Improper Use. In no event may all or any portion of the Lease Premises be used for any unlawful use or any use other than the Permitted Use. Further, Tenant shall use and occupy the Leased Premises in compliance with this Lease and with all applicable laws, ordinances, restrictions, rules and regulations. Section 3.02 Parking, Queuing, and Designation of School Zone. Contract No. A. Parking. Tenant shall have exclusive use of the parking areas shown on the Lease Premises in Exhibit "A." As part of the consideration for use and occupancy of the Premises, Tenant agrees to not park on William King Cole Drive nor allow others associated with Tenant's use and occupancy to do so. This includes students, parents, and third party vendors associated with Tenant. Tenant agrees when parking motor vehicles and other modes of transportation such as bicycles, scooters and similar devices to use only the current parking lots unless Tenant makes adequate accommodations and with advance approval from Landlord. Tenant agrees and understands that Landlord, as a home-rule municipality, reserves the right to regulate on street parking in exercising its legislative and police powers. ---- Lease Agreement Page 16 Page 80 of 204 B. Queuing. Tenant shall limit before and after school student pickup vehicle queuing to the Premises only and prohibit the usage of public streets for this purpose. C. School Zone. Traffic operations associated with Tenant's use and occupancy of the Premises must be contained within the Premises and no School Zone designations will be allowed on Texas A venue or William King Cole Drive unless the parties agree otherwise in writing. Section 3.03 Furniture. Tenant shall have the right to use any and all furniture, fixtures, equipment and personalty left at the Premises at no cost to Tenant. These Improvements will be listed in Exhibit "B" and signed off on by both parties prior to the Lease Commencement Date and incorporated into this Lease. Tenant understands that this right is for accepting same in an AS IS condition without warranty, promise, nor guaranty of any kind as to condition, appropriateness for use, and so on. Section 3.04 Signage and Building Alternations. Tenant at Tenant's expense shall be responsible for any desired building fascia or monument signage, which shall require Landlord approval as improvements to the Premises. Such approval shall not be unreasonably withheld. Signage and building alternations must comply with applicable laws, rules and regulations, including permitting. Section 3.05 Maintenance Services. Janitorial services, lawn care services and similar types of services necessary to properly maintain the Premises shall be the responsibility of Tenant which agrees to secure same at its sole cost and expense. Section 3.06 Tax-Exempt Status of Lessee. The Lessee hereby represents and warrants as follows: Contract No. A. The Lessee is an organization exempt from federal income taxation under Section 501(a) of the Code by virtue of being described in Section 501(c)(3) of the Code; B. The purposes, character, activities and methods of operation of the Lessee have not changed materially since its organization and are not materially different from the purposes, character, activities and methods of operation at the time of its receipt of a determination by the Internal Revenue Service that it was an organization described in Section 501(c)(3) of the Code (the "Determination"); C. The Lessee has not diverted a substantial part of its corpus or income for a purpose or purposes other than the purpose or purposes for which it is organized or operated and disclosed to the Internal Revenue Service in connection with the Determination; D. The Lessee has not operated since its organization in a manner that would result in it being classified as an "action" organization within the meaning of section 1.50l(c)(3)-(l )(c)(3) of the Regulations including, but not limited to, by promoting or attempting to influence legislation by means of propaganda or otherwise; ---- Lease Agreement Page 17 Page 81 of 204 E. With the exception of the payment of compensation (and the payment or reimbursement of expenses) that is not excessive and is for personal services that are reasonable and necessary to carrying out the purposes of the Lessee, no person controlled by any such individual or individuals nor any person having a personal or private interest in the activities of the Lessee has acquired or received, directly or indirectly, any income or assets, regardless of form, of the Lessee during the current fiscal year and the period, if any, preceding the current fiscal year for which no report has been filed to the Internal Revenue Service, other than as reported to the Internal Revenue Service by the Lessee; F. The Lessee is not a "private foundation" within the meaning of Section 509(a) of the Code; G. The Lessee has not received any indication or notice whatsoever to the effect that its exemption under Section 501(c)(3) of the Code has been revoked or modified, or that the Internal Revenue Service is considering revoking or modifying such exemption, and such exemption is still in full force and effect; H. The Lessee has filed with the Internal Revenue Service all requests for determination, reports and returns required to be filed by it and such requests for determination, reports and returns have not omitted or misstated any material fact and has notified the Internal Revenue Service of any changes in its organization and operation since the date of the application for the Determination; I. The Lessee has not devoted more than an insubstantial part of its activities in furtherance of a purpose other than an exempt purpose within the meaning of Section 50l(c)(3) of the Code; and J. The Lessee has not taken any action, nor does it know of any action that any other person has taken, nor does it know of the existence of any condition that would cause the Lessee to lose its exemption from taxation under Section 50l(a) of the Code or cause the interest on any obligation that financed or refinanced the Leased Premises to become taxable to the recipient thereof because such interest is not excludable from the gross income of such recipient for federal income tax purposes under Section 103(a) of the Code. Section 3.07 Use of Leased Premises. The Lessee covenants and represents as follows: A. No more than five percent of the Leased Premises will be used, directly or indirectly, in the trade or business of any person other than a governmental unit or an organization described in Section 501(c)(3) of the Code (hereinafter referred to as "exempt persons") or in "unrelated trade or business". For purposes of the foregoing, any use of such proceeds or facilities in any manner contrary to the guidelines set forth in Revenue Procedures 2017-13, 2017-6 I.R.B. 787, or any amendments, revisions or supplements thereto, shall constitute the use of such proceeds or facilities Contract No. ___ _ Lease Agreement Page I 8 Page 82 of 204 in the trade or business of a person other than an exempt person; B. The Lessee will take such action or will refrain from any action that would adversely affect the exclusion from gross income under Section 103(a) of the Code of the interest paid on any obligation that financed (or refinanced) the Leased Premises; C. No part of the Leased Premises shall be used for sectarian instruction or as a place of religious worship or in connection with any part of the program of a school or department of divinity or any religious denomination; and D. The Lessee will not use any portion of the Leased Premises to provide the following: an airplane, a skybox or other private luxury box, a facility primarily used for gambling or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. ARTICLE IV REQUIREMENTS FOR OCCUPANCY, USE AND IMPROVEMENTS Section 4.01. Ten ant Construction of Improvements. Contract No. A. General. Tenant may make Improvements to the Leased Premises as set forth herein. Unless agreed upon otherwise in writing by the parties in advance, Tenant shall assume all responsibility for making Improvements to the Leased Premises, including cost, risk, expense, ensuring the Leased Premises are not damaged as a result of such Improvements, and so on. Tenant shall see that the Improvements are installed and maintained in a good and workmanlike manner in compliance with applicable rules and regulations including the building codes, zoning ordinances and other regulations of Landlord. B. Approval required. Tenant agrees to advise Landlord and receive Landlord written approval in advance of any Improvements valued over $10,000 and for any Improvements requiring approval from a regulatory entity, for which such approval shall not be unreasonably withheld. This includes Improvements that necessitate obtaining building permits and similar development and construction related permits as well as inspections and approvals from Landlord's Planning and Development Services Depat1:ment. C. Ownership of Improvements. The Improvements and any permanent modifications, additions, restorations, repairs and replacements thereof hereafter placed or constructed by Tenant, at Tenant's expense, upon the Leased Premises shall be owned by Tenant, its successors and assigns, until the expiration of the Lease and any extensions thereof; provided that (i) the terms and provisions of this Lease shall apply to the Improvements; and (ii) the Improvements (with the exception only of movable trade fixtures, furniture, books, computer connections but excluding computer cabling, educational equipment but excluding ---- Lease Agreement Page 19 Page 83 of 204 HVAC, plumbing, electrical, and mechanical equipment, and personality) shall be surrendered to and become the absolute property of Landlord upon the termination of the Lease term, whether by expiration of time or otherwise. Personalty shall remain the property of Tenant unless abandoned by Tenant. D. At the completion of an Improvement. Tenant shall provide to Landlord a complete set of Record Drawings and/or As-Built Drawings, warranties, owner or instructional manuals, etc. as may be applicable. E. Current Anticipated Improvements. In order to ready the Leased Premises for its use and occupancy, Tenant intends to make certain Improvements immediately. These Improvements will be set forth in Exhibit "C" attached hereto and made a part hereof: and may be changed from time to time in writing by the parties hereto and incorporated into this Lease. ARTICLEV LIENS Section 5.01. Liens. It is expressly acknowledged and understood that Landlord does not consent, and has not by the execution and delivery of this Lease consented, to the imposition of any liens upon the Landlord's interest in the Leased Premises by any party whomsoever. Tenant covenants and agrees that all Improvements at any time constructed upon the Leased Premises will be completed free and clear of all valid liens and claims of contractors, subcontractors, mechanics, laborers and materialmen, and other claimants related to the Improvements. Tenant further covenants and agrees to protect, indemnify, defend and hold harmless Landlord from and against all bills and claims, liens and right to liens for labor and materials and architects', contractors' and subcontractor's claims, and all fees, claims and expenses incurred by Tenant incident to the construction and completion of any Improvements, including without limitation any attorney's fees and court costs, which may be incurred by Landlord in connection therewith. ARTICLE VI ASSIGNMENT AND SUBLETTING Section 6.01. Assignment. Assignment is prohibited unless expressly approved in writing by Landlord. Section 6.02. No Release of Tenant. Notwithstanding anything contained in this Lease to the contrary, no sublease entered into by Tenant, whether voluntary, by operation of law or otherwise, shall release, discharge or in any way diminish the debts, duties and obligations of Tenant under the terms of this Lease, including without limitation the obligation to pay any sums due to Landlord under this Lease. Contract No. ---- Lease Agreement ARTICLE VII CONDITION OF PREMISES, Page j 10 Page 84 of 204 MAINTENANCE AND REPAIR Section 7.01 Condition of Premises. A. General. Tenant acknowledges and understands that the terms of this Lease are based upon Tenant leasing the Premises in an "AS IS", "WHERE IS", "WITH ALL FAUL TS" basis, subject to ordinary wear and tear from the Effective Date of this Lease until termination thereof, and except as expressly set forth below, Landlord has no obligation to repair any damage to or defect in the Premises, replace any personalty, equipment or fixtures, or otherwise remedy any matter affecting the condition of the Premises. BUYER ACKNOWLEDGES and agrees that by entering into the Lease that it accepts the Premises on an "AS IS" "WHERE IS" basis "WITH ALL FAUL TS" with no right of setoff or reduction of Rent. B. Delivery Condition by Landlord. Landlord shall deliver the Premises in an AS IS condition as set forth above EXCEPT that Landlord assumes responsibility to ensuring that the HV AC system, roof and structural components of the main building on the Premises are delivered to Tenant in good working order by the Lease Commencement Date; and that same are in compliance with applicable rules and regulations, including Mechanical, Electrical, Plumbing, Building and Fire Codes as they exist as of the Effective Date. Section 7.02. Operating Expenses. Tenant agrees to pay promptly any and all expenses of operation of the Leased Premises including, but not being limited to, electricity, water, gas, sewer, and telephone. The amounts payable to Landlord hereunder as Rent shall be absolutely net to Landlord, without diminution by reason of any expenses of operation of the Leased Premises. Section 7.03. Repairs, Compliance with Laws. A. Tenant. Except as expressly provided for otherwise in this Lease, Tenant assumes foll responsibility to keep the Leased Premises and all Improvements in good repair and condition. This shall include but not be limite<l to the irrigation, drainage, maintemmce and repair to the lawn, landscaping, parking lots and lighting on the Leased Premises but shall expressly exclude the HV AC system and the roof and structural integrity of the main structure on the Premises which shall be the responsibility of Landlord. At the end or other expiration of the term of this Lease Tenant shall deliver up the Leased Premises and all Improvements thereon in good condition, reasonable wear and tear and loss excepted. Unless agreed upon otherwise in writing by the parties, Tenant agrees that in case of damage to, or destruction of, any Improvements or the fixtures and equipment thereof: that it will promptly, at its own expense, repair, or rebuild the same to the end that upon the completion of such repairs, restoration or rebuilding the value, both physical and economic, of the Improvements shall be at least substantially equal to the physical and economic value of the same immediately Contract No. ---- Lease Agreement Page [ 11 Page 85 of 204 prior to such repair or rebuild being necessitated including because of fire, :flooding or other casualty. B. Landlord. Landlord assumes responsibility for the proper maintenance and repair of the approximately 28,949 square foot main building with respect to its roof, HVAC system and structural integrity. This includes compliance with all applicable rules and regulations. ARTICLE VIII INSURANCE REQUIREMENTS. Section 8.01. General. Tenant agrees to provide and maintain at all times during this Lease at Tenant's own cost and expense, for the benefit of Landlord and Tenant as their interests may appear, insurance policies in an amount covering the Premises and all Improvements and betterments and any equipment, trade fixtures, furnishings, inventory, personalty and use of Tenant at not less than one-hundred percent (100%) of the full insurable value. Section 8.02. Maintenance of Insurance. All insurance required by this Article shall be issued by insurers reasonably acceptable to Landlord. Tenant shall provide that such insurance, as to the interests of Landlord, shall not be invalidated by any act or omission of Tenant or any occupant of the Leased Premises which might otherwise result in the forfeiture of such insurance. To the extent permitted by law, all such policies shall name Landlord and Tenant as insureds, as their interests may appear, and shall provide that they shall not be canceled, suspended, non-renewed or reduced in limits of liability unless and until not less than thirty (30) days' prior written notice of such change has been served upon Landlord and Tenant. All renewals shall be delivered to Landlord not less than thirty (30) days before policies expire. In all cases, Tenant shall ensure Landlord is notified not less than 30 days before expiration, termination, alteration, renewal or change of insurance coverage occurs. Tenant agrees to add Landlord as Loss Payee to any property coverage. Certificates evidencing required insurance shall be furnished to Landlord by Tenant. Landlord shall have the right, from time to time during the term of this Lease, to require Tenant to carry greater amounts of such insurance than described in this Article; provided however, that such greater amounts are normally and customarily carried by governmentnl entities nn<l/or entities similar to Tenant. During the term of this Lease, Tenant's insurance policies shall meet the minimum requirements of this section. Subject to the foregoing, the insurance requirements are as follows: Section 8.03. Types. Tenant shall maintain the following lines of coverage: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation/Employer's Liability D. Property Insurance Contract No. ---- Lease Agreement Page/ 12 Page 86 of 204 Section 8.04. General Requirements Applicable to All Policies. The following general requirements applicable to all policies shall apply: A. Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent. B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the Landlord's Representative at the time of execution of this Lease; shall be attached to this Lease as Exhibit "D"; and shall be approved by the Landlord before any construction, improvements, or occupancy begins. C. Tenant shall be responsible for all deductibles on any policies obtained in compliance with this Lease. Deductibles shall be listed on the Certificates of Insurance. D. Landlord will accept only licensed Insurance Carriers authorized to do business in the State of Texas. E. Landlord will not accept "claims made" policies. F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits ofliability before thirty (30) days written notice has been given to the Landlord. Section 8.05. Commercial General Liability. The following Commercial General Liability requirements shall apply: A. Commercial General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the Landlord as Additional Insured with a waiver of subrogation rights in favor of the Landlord; and provide "primary and non-contributory" language with regard to self- insurance or any insurance the Landlord may have or obtain. C. Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the Landlord's review and acceptance. E. The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); Host Liquor Liability, Personal & Advertising Liability, and sexual molestation and abuse. Section 8.06. Business Automobile Liability. The following Business Automobile Liability requirements shall apply: Contract No. A. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. ---- Lease Agreement Page J 13 Page 87 of 204 B. Policies shall contain an endorsement listing the Landlord as Additional Insured with a waiver of subrogation rights in favor of the Landlord; and provide "primary and non-contributory" language with regard to self- insurance or any insurance the Landlord may have or obtain. C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Automobile Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. Section 8.07. Workers' Compensation/Employer's Liability Insurance. The Workers' Compensation Insurance shall include the following terms: A. Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; B. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and C. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States ofNV, ND, OH, WA, WV, and WY". Section 8.08 Property Insurance. The Property Insurance shall include the following terms: Contract No. A. Coverage for perils including but not limited to fire, extended coverage, vandalism, malicious mischief, windstorm, hail, etc. in amount covering Leased Premises, Improvements, Betterments, and any equipment, trade fixtures, furnishings, inventory, and personalty of Tenant at not less than 100% of their full insurable replacement value. B. Tenant shall buy and maintain property insurance covering all real property and fixtures, equipment, and tenant improvements and betterments. Such insurance shall be written on an all risks basis and, at a minimum, cover the perils insured under ISO special causes of loss form CP 10 30, to include windstorm, hail and flood, and cover the full replacement cost of the property insured. Such insurance may have commercially reasonable deductibles. C. Any co-insurance requirement in the policy shall be waived. D. City shall be included as loss payee under the property insurance policy. E. Tenant shall buy and maintain boiler and machinery insurance required by contract documents or by law, covering real property, fixtures, equipment ---- Lease Agreement Page I 14 Page 88 of 204 and tenants improvements or betterment from loss or damage caused by equipment breakdown. F. In the event of any loss, damage or casualty which is covered by one or more of the types of insurance described above, the parties to this Lease shall proceed cooperatively to settle the loss and collect the proceeds of such insurance, which shall be held in trust by the Landlord, including interest earned by the City on such proceeds, for use according to the terms of this Lease. G. The parties agree that such insurance proceeds shall be used to repair and restore damaged improvements to their former condition and usefulness or replacement of the same with equivalent or more suitable improvements. H. When sufficient funds are available, using insurance proceeds described above, the parties shall continue with reasonable diligence to prepare plans and specifications for, and thereafter carry out, all work necessary to: 1. Repair and restore damaged building(s) and/or improvements to their former condition, or 2. Replace said building(s) and/or improvements with a new building(s) and/or improvements on the premises of a quality and usefulness at least equivalent to, or more suitable than, damaged building and/or improvements. I. Tenant and landlord agree that insurance carried or required to be carried by either of them against loss or damage to property by fire, flood, earthquake, acts of terrorism, acts of war, or other casualty shall contain a clause whereby the insurer waives its right to subrogation against the other party, its elected officials, directors, employees, volunteers, and agents, and each party, to the extent allowed by law, shall indemnify the other against any loss or expense, including reasonable attorneys' fees, resulting from the failure to obtain such waiver. Section 8.09. Additional Insurance Requirements. The Tenant's insurance shall list the Landlord, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit "D". If, at any time, Tenant's insurance carriers refuse to name Landlord as an additional insured on policies written for Tenant, then Tenant shall immediately advise Landlord in writing and Landlord shall have the option to require Tenant to change insurance carriers or to immediately terminate this Lease unless the Tenant takes such action to comply with this requirement. Section 8.10. Application of Proceeds of Property Insurance. All proceeds payable pursuant to the provisions of any policies of casualty insurance shall be collected and held by Tenant in a designated account, which account shall be identified promptly to Landlord and Landlord shall be apprised regularly of the amount of funds in such Contract No. ---- Lease Agreement Page I 15 Page 89 of 204 account, and such funds shall be applied for the following purposes: A. All proceeds shall first be used, subject to any other conditions contained in this Lease, as a fund for the restoration and repair of any and all buildings, improvements, betterments and equipment comprising a part of the Leased Premises which have become destroyed or damaged. Such proceeds in such event shall be used and applied in satisfaction and discharge of the cost of the restoration of the destroyed or damaged buildings, improvements, betterments and equipment. B. Such funds shall be paid out from time to time to persons furnishing labor or materials, or both, including architects' fees and contractors' compensation in the construction work, on vouchers approved by a licensed architect or engineer employed by Tenant to superintend work. C. Any funds not disbursed and remaining after the completion of the restoration of the repair work and the payment and discharge of the cost thereof shall be applied to any sums due hereunder and the balance shall be delivered to or retained by Tenant. Section 8.11. Loss Adjustments. Landlord shall have the right to participate in all negotiations relating to loss adjustments for the Leased Premises. ARTICLE IX INDEMNIFICATION AND RELEASE Section 9.01. Indemnification. To the extent allowed by law, the Tenant shall indemnify, hold harmless, and defend the Landlord, its Council members, officials, officers, agents, volunteers, 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 attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services or use or occupation of the Leased Premises by Tenant under this Lease. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the Landlord, any other party indemnified hereunder, the Tenant, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. Section 9.02. Release. The Tenant assumes full responsibility for the work to be performed and for the use and occupation of the Leased Premises hereunder and hereby releases, relinquishes, and discharges the Landlord, its Council members, officials, officers, agents, volunteers, 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 and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Tenant's work, use or occupation related to the Leased Premises. 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 injury, death, loss, or damage was caused in whole or in part by the negligence of the Contract No. ---- Lease Agreement Page 116 Page 90 of 204 Landlord, any other party released hereunder, the Tenant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. Section 9.03. Responsibility for Claims. As primary insurance, the Tenant shall be responsible for management of all claims, damages, liability and court awards including costs, expenses and attorney's fees incurred as a result of any action or omission of the parties as set forth in this Article. Tenant agrees to provide Landlord a periodic reporting of any and all such matters upon request. Secondarily, the Landlord may choose to be responsible for the management of all claims, damages, liability and court awards including costs, expenses and attorney's fees incurred as a result of any action or omission of the parties or their respective officers, employees, and agents in connection with the performance of this Lease to the extent any such loss is not covered by Tenant's insurance coverage. ARTICLEX DEFAULT AND BREACH Section 10.01. Events of Default. The following events and such other events as may be expressly set forth elsewhere in this Lease shall be deemed to be events of default by Tenant under this Lease and Tenant may be considered in breach of this Lease ("Events of Default"): Contract No. A. If Tenant shall fail to pay any sum of money payable hereunder on the date the same is due including Base Rent and Rent, and such failure shall continue for 1 a period of thirty (30) days after written notice to Tenant. B. If Tenant shall fail to comply with any term, provision or covenant of this Lease, other than the payment of Rent or other sums of money, and shall not cure such failure within thirty (30) days after due written notice thereof to Tenant; or if such failure cannot reasonably be cured within the said thirty (30) days and Tenant shall not have commenced to cure such failure within such thirty (30) day period and shall not thereafter with all due diligence and good faith proceed to cure such failure as soon as reasonably practicable. C. If a decree or order by a court of competent jurisdiction shaH have been entered adjudging Tenant bankrupt or insolvent or appointing a receiver or trustee or assignee in bankruptcy or insolvency of all or substantially all of its property, and any such decree or order shall have continued in force undischarged or unstayed for a period of ninety (90) days. D. If Tenant shall do or permit to be done anything that creates a lien upon Landlord's interest in the Leased Premises, and any such lien is not discharged or bonded within ninety (90) days after filing. E. If Tenant abandons the Leased Premises or otherwise lets it fall into a ---- Lease Agreement Page [ 17 Page 91 of 204 state of disrepair such that it can no longer be safely occupied or used. Section 10.02. Remedies. Upon the occurrence of any such Event of Default or breach, Landlord shall have the right, at Landlord's election to pursue, in addition to and cumulative of any other rights Landlord may have, at law or in equity, any one or more the following remedies without any notice or demand whatsoever: A. Terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails so to do, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in Rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying such premises or any part thereof, without being liable for prosecution or any claim of damages therefore. B. With an appropriate court order, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying such premises or any part thereof without being liable for prosecution of any claim for damages therefore. C. If Tenant shall default in the performance of any of its covenants, obligations or agreements contained in this Lease, Landlord, after thirty (30) days' written notice to Tenant, specifying such default or shorter notice if any emergency exists, may but without any obligation so to do perform the same for the account and at the expense of Tenant, and the amount of any payment made or other reasonable expenses, including reasonable attorney's fees incurred by Landlord for curing such default, with interest thereon at the highest lawful rate per annum, shall be payable by Tenant to Landlord on demand. Section 10 .03. Cumulative Rights. Pursuit of any of the foregoing remedies shall not preclude Landlord's pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants herein contained. Failure by Landlord to enforce one or more of the remedies herein provided, upon any event of default, shall not be deemed or construed to constitute a waiver of such default or of any other violations or breach of any of the terms, provisions and covenants herein contained. In determining the amount of loss or damage which Landlord may suffer by reason of termination of this Lease or the deficiency arising by reason of the reletting by Landlord as above provided, allowance shall be made for the expense of repossession and any repairs reasonably undertaken by Landlord following repossession in order to return the Leased Premises to substantially the same condition as at the time prior to the default, normal wear and tear expected. Section 10.04. Re-Entry of Landlord. No re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a Contract No. ---- Lease Agreement Page I 18 Page 92 of 204 written notice of such intention is given to Tenant. Landlord, at its option, may make such alterations, repairs and/or decorations to the Leased Premises and/or Improvements as it, in its reasonable judgment, considers advisable and necessary upon the occurrence of an Event of Default, at the cost of Tenant, and the making of such alterations, repairs and decoration shall not operate or be construed to release Tenant from liability hereunder. Landlord shall in no event be liable in any way whatsoever for failure to relet the Leased Premises and the Improvements or, in the event the Leased Premises and the Improvements are relet, for failure to collect rent thereof under such reletting; and in no event shall Tenant be entitled to receive any excess of such rent over the sums payable by Tenant to Landlord hereunder. Section 10.05 Effect of Waiver or Forbearance. No waiver by Landlord of any breach or Event of Default by Tenant of any of its obligations, agreements, or covenants hereunder shall be a waiver of any subsequent breach, Event of Default or of any obligation, agreement or covenant, nor shall any forbearance by Landlord to seek a remedy for any breach or Event of Default by Tenant be a waiver by Landlord of its rights and remedies with respect to such subsequent breach or Event of Default. ARTICLE XI MISCELLANEOUS Section 11.01. Inspection. Tenant shall permit Landlord and its agents to enter into and upon the Leased Premises at all reasonable times and upon reasonable notice for the purpose of inspecting the same or undertaking any rights of Landlord under this Lease. Section 11.02. Release. If requested by Landlord, Tenant shall upon termination of this Lease, execute and deliver to Landlord an appropriate release, in recordable form, of all Tenant's interest in the Leased Premises, and upon request of Tenant, Landlord will execute and deliver a written cancellation and termination of Lease in recordable form; provided, that in no event shall any such release, cancellation or termination constitute a release or relinquishment by either party of his or its rights against the other party for any amounts payable by such other party under the terms of this Lease or any damages to which such party is entitled as a result of any default by the other party hereunder. Section 11.03. Legal defenses and third parties. Nothing herein shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations the Landlord or Tenant may have under Texas law. The provisions in this Lease are solely for the benefit of the parties to this Lease and are not intended to create or grant any rights, contractually or otherwise, to any third party. Section 11.04. Notices. Any notice sent under this Lease except as otherwise expressly require shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: If to Landlord: If to Tenant: Contract No. ---- Lease Agreement Page 119 Page 93 of 204 City of College Station Attn: City Manager PO Box 9960 1101 Texas Ave College Station, TX 77842 International Leadership of Texas Attn: Edward G. Conger, CEO and Superintendent 3610 Longmire Dr College Station, TX 77845-8692 Each party hereto shall have the right, by giving not less than ten (10) days prior written notice to the other party hereto, to change any contact information of such party for the purpose of notices under this Section. Section 11.05. Modifications. This Lease may be modified only by written agreement duly approved by the Landlord and Tenant. Section 11.06. Descriptive Headings. The descriptive headings of this Lease are inserted for convenience in reference only and do not in any way limit or amplify the terms and provisions of this Lease. Section 11.07. No Joint Venture. The relationship between Landlord and Tenant at all times shall remain solely that of Landlord and Tenant and shall not be deemed a partnership or joint venture. Section 11.08. Recording of Lease. Landlord and Tenant agree that they may, at any time at the request of the other, promptly execute a memorandum or short form of this Lease, in recordable form, setting forth a description of the Leased Premises, the term of this Lease, and any other provisions herein, or the substance thereof, as either party desires. This memorandum or short form lease may be filed among the land records of College Station County, Brazos County, Texas. Section 11.09. Partial Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to any person or circumstance other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and be in force to the fullest extent permilleu by law. Section 11.10. Holding Over. Any holding over by Tenant of the Leased Premises after the expiration of the Lease Term shall operate and be construed as a tenancy from month to month at a monthly rental equal to 150 percent of the rental payable during the term of the Lease pro-rated on a monthly basis as needed unless agreed upon otherwise in writing by the parties. Tenant agrees to surrender the Leased Premises after the termination of the Lease Tenn immediately upon demand by Landlord. Section 11.11. Authority to Execute. Landlord and Tenant represent and warrant to each Contract No. ---- Lease Agreement Page I 20 Page 94 of 204 other that each is fully authorized to enter into this Lease without the joinder of any other person or entity, and the person executing this Lease on behalf of each such party has full authority to do so and that any and all corporate, partnership or joint venture action required has been taken. Section 11.12. Time of Essence. Time is of the essence of this Lease. Contract No. ---- Lease Agreement Page I 21 Page 95 of 204 WITNEi~ the signatures ~ the parties hereto m duplicate originals this the 12;-day of. __ _,_~.____,~'---+---------------- 2020. \ List of Exhibits A. Depiction of Premises B. Existing Improvements C. Tenant's Improvements D. Certificates of Insurance INTERNATIONAL AMERICAN EDUCATION CITY OF COLLEGE STATION FEDERATION, INC. d/b/a INTERNATIONAL LEADERSIDP OF TEXAS Contract No. ---- Lease Agreement By: _____________ _ Jeffrey Capps, Interim City Manager Date: _____ _ APPROVED: City Attorney Date: _____ _ Assistant City Manager/CFO Date: _____ _ Page 122 Page 96 of 204 CERTIFICATE OF ACKNOWLEDGMENT STATE OF TEXAS ) ) COUNTY OF DALLAS ) BEFORE ME, the undersigned Notary Public, on this day personally appeared Edward G. Conger, known to me the Chief Executive Officer of the International American Education Federation Inc. d/b/a International Leadership of Texas, a Texas Domestic Nonprofit Corporation, and the person whose name is subscribed to the foregoing Lease, and who acknowledged to me that he executed the instrument for the purposes and considerations therein expressed and on behalf of the International American Education Federation Inc. d/b/a International Leadership of Texas. Given under my hand and seal of office on the , 2020. State of Texas My Commission Expires: \' J \ '6 ) ~o ~<d- Page 97 of 204 CERTIFICATE OF ACKNOWLEDGMENT STATE OF TEXAS ) ) COUNTY OF BRAZOS ) BEFORE ME, the undersigned Notary Public, on this day personally appeared Karl Mooney, known to me Mayor of the City of College Station, Texas, a Texas Political Subdivision, and the person whose name is subscribed to the foregoing Lease, and who acknowledged to me that he executed the instrument for the purposes and considerations therein expressed and on behalf of the City of College Station, Texas. Given under my hand and seal of the office on the __ day of ________ , 2020. My Commission Expires: NOTARY PUBLIC in and forthe State of Texas Page 98 of 204 EXHIBIT "A" DEPICTION OF PREMISES Page 99 of 204 Page 100 of 204 EXHIBIT "B" CURRENT IMPROVEMENTS ON THE PREMISES AS OF THE EFFECTIVE DATE Page 101 of 204 EXHIBIT "C" TENANT'S IMPROVEMENTS Page 102 of 204 EXHIBIT "D" CERTIFICATES OF INSURANCE Page 103 of 204 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/8/2020 Edgewood Partners Insurance Center EPIC Brokers 2700 Post Oak Boulevard, 25th Floor Houston, TX 77056 469.270.6736 Markel Insurance Company 38970 A 1,000,0008502WSI048483-1 9/1/2019 9/1/2020 1,000,000 3 10,000 3 1,000,000 3,000,000 3,000,00033 Abuse (Occ/Agg)$1M / $3M A 1002WSI048484-1 9/1/2019 9/1/2020 1,000,000 3 A 4602WSI048486-1 9/1/2019 9/1/2020 5,000,0003 5,000,0003 KJ Wagner Randi Reynolds randi.reynolds@epicbrokers.com International American Education Federation, Inc. International Leadership of Texas; International Leadership of Texas Global 1820 N. Glenville Dr., Ste. 100 Richardson TX 75081-1960 55406971 3 3 33 3 3 City of College Station Attn: Risk Management PO Box 9960 College Station TX 77842 Certificate Holder is included as Additional Insured with a Wavier of Subrogation when agreed to in writing with the Named Insured prior to loss. 55406971 | INTEAMER | 19/20 GL, AU, XS | Randi Reynolds | 5/8/2020 3:27:37 PM (CDT) | Page 1 of 1 Page 104 of 204 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE 5/12/2020 469.270.6736 QUOTA SHARED / LAYERED PROGRAMEdgewood Partners Insurance Center EPIC Brokers 2700 Post Oak Boulevard, 25th Floor Houston, TX 77056 SEE ATTACHED SCHEDULE randi.reynolds@epicbrokers.com SEE ATTACHED SCHEDULE 6/1/2020 9/1/2020 Building, Business Personal Property, Business Income/Extra Expense, Tenant Improvements & Betterments $440,107,925(Blanket)AOP: $50,000 FLOOD: $100,000 W/H: 2% > $250K Equipment Breakdown...$50,000,000 (Blanket)$10,000 Replacement Cost Coinsurance Waived Locations Included: PER SCHEDULE ON FILE WITH CARRIER Location Schedule includes 2611 Texas Ave. S., College Station, TX 77840 w/ $200K BPP & $500K Tenant Improvements & Betterments included in Blkt Limit KJ Wagner 3 INTEAMER International American Education Federation, Inc. International Leadership of Texas 1820 N. Glenville Dr., Ste. 100 Richardson TX 75081-1960 5/11/2020 Certificate Holder included as a Loss Payee with a Waiver of Subrogation and 30 Day NOC 3 City of College Station ATTN: Risk Management PO Box 9960 College Station TX 77842 2611 Texas Ave. S., College Station, TX 77840 55434814 | INTEAMER | 20/20 for College Station | Randi Reynolds | 5/12/2020 2:34:54 PM (CDT) | Page 1 of 1 Page 105 of 204 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE 5/11/2020 469.270.6736 QUOTA SHARED / LAYERED PROGRAMEdgewood Partners Insurance Center EPIC Brokers 2700 Post Oak Boulevard, 25th Floor Houston, TX 77056 SEE ATTACHED SCHEDULE randi.reynolds@epicbrokers.com SEE ATTACHED SCHEDULE 9/1/2019 9/1/2020 Blanket Building and Business Personal Property...$439,407,925 AOP: $50,000 FLOOD: $100,000 W/H: 2% > $250K Equipment Breakdown...$50,000 $10,000 Replacement Cost Coinsurance Waived Locations Included: PER SCHEDULE ON FILE WITH CARRIER KJ Wagner 3 INTEAMER International American Education Federation, Inc. International Leadership of Texas 1820 N. Glenville Dr., Ste. 100 Richardson TX 75081-1960 Endorsement effective 06.01.20 pending to add 2611 Texas Ave. S., College Station, TX to Location Schedule w/ $200K BPP and $500K Tenant Improvements & Bettermentsto be added to overall Blanket Limit w/ Certificate Holder included as a Loss Payee with a Waiver of Subrogation and 30 Day NOC. City of College Station Attn: Risk Management PO Box 9960 College Station TX 77842 55424631 | INTEAMER | 19/20 for College Station | Randi Reynolds | 5/11/2020 6:04:13 PM (CDT) | Page 1 of 1 Page 106 of 204 #Carrier Pol No %Limit Deductible Flood Ded W/H Ded 1 First Specialty ESP-2003425-01 20% $5,000,000 1 Arch ESP-1001007-00 20% $5,000,000 1 Westchester D42241854 002 25% $6,250,000 1 Starr Surplus Lines SLSTPTY11219819 15% $3,750,000 1 Everest CA3P006295-191 20%$5,000,000 100%$25,000,000 $50,000 $100,000 2% to $250K 2 One Beacon/Homeland 795010619 100%$25,000,000 100%$25,000,000 $25,000,000 $25,000,000 $25,000,000 3 QBE Specialty AHAR11237-00 25% $12,500,000 3 General Security TR00202191601347 25% $12,500,000 3 Starstone SSP15234 50%$25,000,000 100%$50,000,000 $50,000,000 $50,000,000 $50,000,000 4 RSUI HND909674 100%$340,107,925 100%$340,107,925 $100,000,000 $100,000,000 $100,000,000 -$440,107,925 EB XL Catlin US00086308PR19A 100%$50,000,000 $10,000 N/A N/A ILT - 19/20 Property Layers LAYER 1 TOTAL LAYER 3 TOTAL ALL LAYERS TOTAL: LAYER 2 TOTAL LAYER 4 TOTAL Page 107 of 204 #Carrier Pol No %Limit Deductible Flood Ded W/H Ded 1 First Specialty ESP-2003425-01 20% $5,000,000 1 Arch ESP-1001007-00 20% $5,000,000 1 Westchester D42241854 002 25% $6,250,000 1 Starr Surplus Lines SLSTPTY11219819 15% $3,750,000 1 Everest CA3P006295-191 20%$5,000,000 100%$25,000,000 $50,000 $100,000 2% to $250K 2 One Beacon/Homeland 795010619 100%$25,000,000 100%$25,000,000 $25,000,000 $25,000,000 $25,000,000 3 QBE Specialty AHAR11237-00 25% $12,500,000 3 General Security TR00202191601347 25% $12,500,000 3 Starstone SSP15234 50%$25,000,000 100%$50,000,000 $50,000,000 $50,000,000 $50,000,000 4 RSUI HND909674 100%$339,407,925 100%$25,000,000 $100,000,000 $100,000,000 $100,000,000 -$439,407,925 EB XL Catlin US00086308PR19A 100%$50,000,000 $10,000 N/A N/A ILT - 19/20 Property Layers LAYER 1 TOTAL LAYER 3 TOTAL ALL LAYERS TOTAL: LAYER 2 TOTAL LAYER 4 TOTAL Page 108 of 204 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/12/2020 Higginbotham Insurance Agency,Inc. 500 W.13th Fort Worth TX 76102 David Jensen 817-349-2417 817-347-6981 djensen@higginbotham.net Service Lloyds Insurance Company 43389 INTER150 International American Education Federation dba International Leadership of Texas 1820 N Glenville Dr Ste 100 Richardson TX 75081-1960 848513706 A XSLICWC00564009/1/2019 9/1/2020 1,000,000 1,000,000 1,000,000 The Workers'Compensation policy includes a Waiver of Subrogation endorsement in favor of the certificate holder. City of College Station ATTN:Risk Management PO Box 9960 College Station TX 77842 Page 109 of 204 May 28, 2020 Item No. 3.10. FM 2347 & Dexter Drive AFA Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $35,525 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersection of FM 2347 and Dexter Drive. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of this resolution. Summary: TXDOT is constructing signal improvements at the intersection of FM 2347 (George Bush Drive) and Dexter Drive. The City of College Station will be responsible for pole finishings and equipment that are not normally part of the state requirements for signal poles, in order to assure compliance with City requirements of signal poles on the City’s system. This item was pulled from the May 14, 2020, City Council agenda because of a change in cost. After further review, TXDOT decided to cover the cost of the cameras and Ethernet switch. The City also added LED internally lighted street name signs to the project. These changes increased the amount from $28,469 to $35,525. Budget & Financial Summary: Budget in the amount of $50,000 is included in the Streets Capital Improvement Projects Fund. Nothing has been expended or committed to date, leaving a balance of $50,000 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.Resolution FM 2347 Signal Improvements v2 2.Updated-v3 Ready for Partial Execution 3138-01-030 (FM 2347) AFA VolTIP 3.Project Map Page 110 of 204 Resolution FM 2347 Signal Improvements v2 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING AESTETIC AND OPERATIONAL ENHANCEMENTS TO CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FM 2347 AND DEXTER DRIVE WHEREAS, FM 2347 is owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements on FM 2347 at the intersection of Dexter Drive (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including traffic signals with aesthetic and operational enhancements; and which include installation of traffic signals as part of the project; and by entering into this Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match On-System. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $35,525 for the costs associated with aesthetic and operational enhancements to construction of traffic signal improvements. PART 2: That the City Council herby authorizes the City Manager to execute the agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 111 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 1 of 6 AFA VolTIP Revised 10/13/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 authorizing the State to undertake and complete a highway improvement generally described as traffic signal improvements on FM 2347 at the intersection of Dexter Drive; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as aesthetic and operational enhancements at the intersection of FM 2347 and Dexter Drive (Project); and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 112 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 2 of 6 AFA VolTIP Revised 10/13/2017 AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 113 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 3 of 6 AFA VolTIP Revised 10/13/2017 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate Page 114 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 4 of 6 AFA VolTIP Revised 10/13/2017 of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of College Station ATTN: Public Works Director P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Page 115 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 5 of 6 AFA VolTIP Revised 10/13/2017 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 116 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 6 of 6 AFA VolTIP Revised 10/13/2017 THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Lance Simmons Typed or Printed Name Typed or Printed Name Bryan District Engineer Typed or Printed Title Typed or Printed Title Date Date Page 117 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 1 of 1 AFA VolTIP Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, and pedestrian poles as well as install priority control system and LED Internally Lighted Street Name (ILSN) signs. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item  Number Description Quantity Unit  Price  Local  Participation  % Cost  1 Additional Cost for Powder Coating   (Signal Poles/ Mast Arms) 4  $1,500   100%  $6,000  2 Additional Cost for Powder Coating  (Luminaires/Pedestrian Poles) 10  $75   100%  $750  3 Additional Cost for Priority Control System  (Preemption) 1  $9,560   100%  $9,560  4  LED Internally Lighted Street Name (ILSN) Sign 4  $3,600   100%  $14,400    Direct State Construction Costs ‐ (Items 1 ‐ 4)      $30,710    Direct State Costs ‐ Construction Engineering and  Contingencies (15%) N/A N/A  100%  $4,607     Indirect State Costs (4.52%) N/A N/A  100%  $208    TOTAL       $35,525  Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $35,525 Total payment by the Local Government to the State: $35,525 MAINTENANCE Page 118 of 204 CSJ # 3138-01-030 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of FM 2347 and Dexter Drive Page 1 of 1 AFA VolTIP Attachment A The State and the Local Government shall be responsible for the maintenance of the State Highway System after completion of the Project in accordance with the Municipal Maintenance Agreement in effect at the time the maintenance is required. Page 119 of 204 Page 120 of 204 May 28, 2020 Item No. 3.11. FM 2818 Signal Improvements AFA Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $323,345 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the FM 2818 widening project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval of this resolution. Summary: The City of College Station in conjunction with TXDOT is designing and constructing a widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy). As part of this project, several signals will be installed along the corridor. The City will be responsible for pole finishings and equipment that are not normally part of the state requirements for signal pole, in order to assure compliance with City requirements of signal poles on the City’s system. This item was pulled from the May 14, 2020 city council agenda because of a change in cost. After further review, TXDOT decided to cover the cost of the cameras and Ethernet switch, however, the city added LED internally lighted street name signs to the project. These changes increased the amount from $287,599 to $323,345. Budget & Financial Summary: Budget in the amount of $1,697,000 is included in the Streets Capital Improvement Projects Fund. A total of $930,806 has been expended or committed to date, leaving a balance of $766,194 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.Resolution FM 2818 Signal Improvements v2 2.v3 2399-01-074 (FM 2818) AFA VolTIP Page 121 of 204 Resolution FM 2818 Signal Improvements v2 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING AESTETIC AND OPERATIONAL ENHANCEMENTS TO CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS INCLUDED IN THE FM 2818 WIDENING PROJECT WHEREAS, FM 2818 is owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements on FM 2818 from 0.5 miles north of FM 60 to FM 2154 (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including traffic signals with aesthetic and operational enhancements; and which include installation of traffic signals as part of the project; and by entering into this Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match On-System. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $323,345 for the costs associated with aesthetic and operational enhancements to construction of traffic signal improvements. PART 2: That the City Council herby authorizes the City Manager to execute the agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 122 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 1 of 6 AFA VolTIP Revised 10/13/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550 authorizing the State to undertake and complete a highway improvement generally described as FM 2818 Widening; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as aesthetic and operational enhancements included in the FM 2818 Widening (Project); and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 123 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 2 of 6 AFA VolTIP Revised 10/13/2017 AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 124 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 3 of 6 AFA VolTIP Revised 10/13/2017 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate Page 125 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 4 of 6 AFA VolTIP Revised 10/13/2017 of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of College Station ATTN: Public Works Director P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Page 126 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 5 of 6 AFA VolTIP Revised 10/13/2017 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 127 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 6 of 6 AFA VolTIP Revised 10/13/2017 THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Lance Simmons Typed or Printed Name Typed or Printed Name Bryan District Engineer Typed or Printed Title Typed or Printed Title Date Date Page 128 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 1 of 1 AFA VolTIP Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, pedestrian poles, and roadway illumination poles as well as install priority control systems, additional CCTV camera units, and LED internally lighted street name (ILSN) signs. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item  Number Description Quantity Unit  Price  Local Participation  % Cost  1 Additional Cost for Powder Coating   (Signal Poles/ Mast Arms) 37  $1,500   100%  $55,500  2 Additional Cost for Powder Coating  (Luminaires/Pedestrian Poles) 20  $75   100%  $1,500  3 Additional Cost for Powder Coating   (Roadway Illumination Poles) 78  $750   100%  $58,500  4 Additional Cost for Priority Control System  (Preemption) 6  $13,887   100%  $83,322  5 Additional Cost for CCTV Camera Unit   (Pan, Tilt, and Zoom Capability) 3  $6,500   100%  $19,500  6  LED Internally Lighted Street Name (ILSN) Sign 17  $3,600   100%  $61,200    Direct State Construction Costs (Items 1 ‐ 6)      $279,522    Direct State Costs ‐ Construction Engineering  and Contingencies (15%) N/A  N/A  100%  $41,928     Indirect State Costs (4.52%) N/A  N/A  100%  $1,895    TOTAL       $323,345  Initial payment by the Local Government to the State: $0 Page 129 of 204 CSJ # 2399-01-074 District # 17 –BRY Code Chart 64 # 09050 –City of College Station Project Name Aesthetic and Operational Enhancements included in the FM 2818 Widening Page 1 of 1 AFA VolTIP Attachment A Payment by the Local Government to the State before construction: $323,345 Total payment by the Local Government to the State: $323,345 MAINTENANCE The State and the Local Government shall be responsible for the maintenance of the State Highway System after completion of the Project in accordance with the Municipal Maintenance Agreement in effect at the time the maintenance is required. Page 130 of 204 May 28, 2020 Item No. 4.1. Ordinance vacating and abandoning a 0.15 acre portion of the 20-foot Public Utility Easement, said portion lying along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1 Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 0.15 acre portion of the 20-foot Public Utility Easement, said portion lying along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1 according to the plat recorded in Volume 14965, Page 276, of the Deed Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The public utility abandonment is being requested by the applicant as a result of a change during the construction phase of the development. This originally platted easement is no longer needed, as the sewer line originally planned to run within this easement area has been constructed in a different location on the lot, and a Public Utility Easement is being placed over that location. The 0.15 acre public utility easement is located along William D. Fitch Parkway, northeast of the intersection of William D. Fitch Parkway and Williams Creek Drive. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 131 of 204 AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING AN APPROXIMATELY 0.15 ACRE PORTION OF THE 20-FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING MORE OR LESS ALONG THE NORTHWEST PROPERTY LINE OF LOT 1, OF THE CREEKSIDE SUBDIVISION PHASE 1. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the 20-foot width Public Utility Easement, said portion lying along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1, according to the plat recorded in Volume 14965, Page 276, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 132 of 204 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 133 of 204 Page 134 of 204 CREEKSIDE SUBDIVISION PHASE 1 VOL. 14965, PG. 276 PLATTED Page 135 of 204 Page 136 of 204 Page 137 of 204 Page 138 of 204 Page 139 of 204 Page 140 of 204 Page 141 of 204 Page 142 of 204 Page 143 of 204 CREEKSIDE SUBDIVISION PHASE 1 VOL. 14965, PG. 276 PLATTED Page 144 of 204 Page 145 of 204 Engineering Page 146 of 204 Sr. Supervisor - Ops 2.24.2020Page 147 of 204 Page 148 of 204 Application for Abandonment of a Public Right-of-Way / Easement Location: 4601 Williams Creek Drive EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 149 of 204 Page 150 of 204 May 28, 2020 Item No. 4.2. Ordinance vacating and abandoning a 2-foot wide portion of a Public Utility Easement lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, Sponsor:Alma Guerra Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 2-foot wide portion of a Public Utility Easement lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, according to the plat recorded in Volume 8341, Page 233, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: Abandonment of a 2-foot wide portion of a Public Utility Easement lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, according to the plat recorded in Volume 8341, Page 233, of the Official Records of Brazos County, Texas. The partial Public Utility Easement abandonment is proposed by the applicant to address site constraints recognized during redevelopment of the property. The 2-foot wide portion of the easement is no longer necessary as the remainder of the 20-foot Public Utility Easement is adequate to serve all existing public infrastructure. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 151 of 204 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0112 ACRE PORTION OF THE 20-FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOTS 2B-2 & 2B-3, OF THE HORSE HAVEN ESTATES LOT 2B-1, 2B-2 & 2B-3 SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8341, PAGE 233 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the 20-foot width Public Utility Easement, said portion lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, according to the plat recorded in Volume 8341, Page 233, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 152 of 204 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 153 of 204 METES AND BOUNDS DESCRIPTION Being a tract of land containing 0.0112 acres, being a portion of Lot 2B-3 called 0.92 acre tract, in Horse Haven Estates, in Brazos County Texas, as replat recorded in Vol. 8341, Page 233 of the Brazos County Official Records(B.C.O.R.) All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(2011) Epoch 2010, and boundary referenced to concrete monuments, 5/8" iron rods with yellow plastic cap marked "KERR - RPLS 4502" found and referred to the previously recorded plat, and as surveyed on the ground on April 17th, 2020. This description is also referred to the plat prepared by ATM Surveying, Project No. 2020-0120, and being more particularly described as follows: COMMENCING at a 5/8” iron rod with yellow plastic cap marked “KERR - RPLS 4502” found for the west corner of Lot 2B-3, also being a point in the northeast right-of-way line of State Highway 6 – Earl Rudder Freeway (R.O.W. Varies), also being the south corner of Lot 2B-2 called 1.091 acre tract, from which another 5/8” iron rod with yellow plastic cap marked “KERR - RPLS 4502” found bears S 32°00'50" E, a distance of 131.71 feet for reference; THENCE across said Lot 2B-3, for the following calls: North 65°30’41” East, a distance of 20.17 feet to a calculated west corner for the PLACE OF BEGINNING; North 42°08’54” East, a distance of 243.59 feet to a calculated north corner of this tract, from which a 1/2” iron rod with blue plastic cap marked “OFFSET - RPLS 6132” found bears N 29°11'12" E, a distance of 36.03 feet for reference; South 47°53’30” East, a distance of 2.00 feet to a calculated east corner of this tract; South 42°08’54” West, a distance of 244.16 feet to a calculated south corner of this tract; North 32°00’50” West, a distance of 2.08 feet to the PLACE OF BEGINNING containing 0.0112 acres. Adam Wallace Texas Registered Professional Land Surveyor No. 6132 - FIRM #101784-00 20-0120-Earl Rudder Freeway S 2297—exhibit-2ft-LEGAL —04-17-2020 Page 154 of 204 Page 155 of 204 Page 156 of 204 Page 157 of 204 Page 158 of 204 Page 159 of 204 Page 160 of 204 Manager Page 161 of 204 Page 162 of 204 Application for Abandonment of a Public Right-of-Way / Easement Location: 2297 Earl Rudder Fwy S, College Station, TX 77840 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 163 of 204 May 28, 2020 Item No. 4.3. Ordinance amending Appendix A, “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural, O Office, and C-3 Light Commercial to GC General Commercial on approximately 15 acres of land located at 95 North Dowling Road B, 101 North Dowling Road A & B, 103 North Dowling Road, and 107 North Dowling Road. Sponsor:Rachel Lazo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural, O Office, and C-3 Light Commercial to GC General Commercial on approximately 15 acres of land located at 95 North Dowling Road B, 101 North Dowling Road A & B, 103 North Dowling Road, and 107 North Dowling Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their May 7, 2020 Regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the rezoning. Summary: The applicant has requested a rezoning for approximately 15 acres of land from R Rural, O Office, and C-3 Light Commercial to GC General Commercial. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Urban and in Growth Area V. The Urban land use designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. General commercial and office uses, business parks, and vertical mixed-use may also be permitted within growth and redevelopment areas. For the Urban area located within Growth Area V, the Comprehensive Plan specifically states that intense land use activities including general commercial, office uses, townhomes, high-density apartments, and vertical mixed-use are appropriate. The majority of the property is currently zoned R Rural, a zoning district for low-density acreage home sites. The proposed zoning of General Commercial would better suit the current designation on the Comprehensive Plan for more intense uses. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The property to the north, across Dowling Road, was zoned GS General Suburban upon annexation and developed as a Manufactured Home Park, but the Comprehensive Plan’s Future Land Use and Page 164 of 204 Character Map shows this area as Urban and Growth Area V, which allows for very dense development. The property to the west is currently developed with various commercial and industrial uses. The property to the south is zoned PDD Planned Development District and is developed with garden-style multi-family units. The property to the west, across Holleman Drive South, is zoned R Rural but is developed for municipal utility purposes. This proposed zoning change would be compatible with the adjacent properties. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The property is primarily zoned R Rural, with a small portion zoned O Office and C-3 Light Commercial. Rural or smaller scale commercial uses would not be ideal here due to the size, location, and close proximity of high-classification roads and commercial uses. The size of the tract would allow for approximately 6-7 rural, single-family homes, which is significantly less dense than projected in the City’s Comprehensive Plan, and would not be compatible with the adjacent multi- family development. However, the proposed zoning district would allow for commercial uses, which would be more appropriate for a tract immediately abutting a 4-lane minor arterial and railroad. 4. Whether there is available water, wastewater, stormwater, and transportation facilities: Water will be served by Wellborn Special Utility District (SUD). Sanitary sewer will be served by College Station Utilities. There is sufficient sanitary sewer capacity for the proposed use based on utility demands provided by the applicant. However, there may be capacity concerns with a development of higher intensity and sanitary sewer improvements may be needed for a more intense use. Utility demands are required during the site planning process and will be evaluated by Water Services at that time. The subject property is in the Bee Creek Drainage Basin and drains to Bee Creek. There is no FEMA regulated flood plain on this tract. Detention will be required with site development. Drainage and other required public infrastructure shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property is located on the southeast corner of the intersection of Holleman Drive South, which is designated and constructed as a 4-lane Minor Arterial, and Dowling Road, a local street. A Public Way named Larmier Way is stubbed from the adjacent Aspen Height development to the south and will be continued at the time of development. A traffic impact analysis was performed for the rezoning request. As part of the TIA, the Harvey Mitchell Parkway South (FM 2818) widening project including an overpass at Jones Butler Road was assumed to be completed by TxDOT and Jones Butler Road was assumed to be extended by the City from the overpass to Holleman Drive South prior to full build out of the development. All of the studied intersections performed at an acceptable level of service (LOS) except the intersection of Jones Butler Road and Holleman Drive West which would operate as LOS F in both in the AM & PM peak hours. The all-way stop at that intersection will need to be converted by the development to a traffic signal or a roundabout to mitigate the intersection to an acceptable LOS. 5. The marketability of the property: The subject property is adjacent to an existing multi-family development and surrounded by property also slated for dense urban-style development. This site does not have a high potential to be marketed as a rural/single-family residential development, as it is located along a major arterial and Page 165 of 204 has limited access due to its proximity to a railroad right-of-way. Due to these characteristics, it has limited potential with an R Rural zoning designation. Overall, the proposed GC General Commercial rezoning is anticipated to increase the marketability of the property. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Rezoning Exhibit Page 166 of 204 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 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, O OFFICE, AND C-3 LIGHT COMMERCIAL TO GC GENERAL COMMERCIAL ON APPROXIMATELY 15 ACRES OF LAND LOCATED AT 95 NORTH DOWLING ROAD B, 101 NORTH DOWLING ROAD A & B, 103 NORTH DOWLING ROAD, AND 107 NORTH DOWLING ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 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 Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 167 of 204 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 168 of 204 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural, O Office, and C-3 Light Commercial to GC General Commercial: Page 169 of 204 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 170 of 204 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 7, 2020 Advertised Council Hearing Date: May 28, 2020 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: None Property owner notices mailed: 8 Contacts in support: None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Dowling Rd.)Urban GS General Suburban Manufactured Home Park South Urban PDD Planned Development District Aspen Heights Apartments East Urban M-2 Heavy Industrial Commercial and Industrial West (across Holleman Dr. S)Utilities R Rural Utilities DEVELOPMENT HISTORY Annexation: 1970 (northeast corner) 2002 (remainder) Zoning: R-1 Single-Family Residential upon annexation (1970) A-P Administrative Professional (1980) C-3 Light Commercial (1982) A-O Agricultural Open upon annexation (2002) A-P Administrative Professional renamed O Office (2012) A-O Agricultural Open renamed R Rural (2013) Final Plat:Unplatted Site development:Rural pasturage and Commercial Page 171 of 204 Page 172 of 204 Page 173 of 204 Page 174 of 204 SITEPage 175 of 204 May 28, 2020 Item No. 4.4. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS- CoV2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020 and April 21, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Disaster Dec Exentsion Ordinance 5-28-20 Page 176 of 204 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020 Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented to Second Mayoral Order of March 23rd mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020 the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020 both consented too and extended by the City Council on March 23rd in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020 Disaster Declaration Renewal; and WHEREAS; on May 22, 2020 the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020 and April 21, 2020, and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and Page 177 of 204 Ordinance No Page 2 of 3 WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period of excess of seven days without the consent of the governing body of the political subdivision; NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on May 22, 2020, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 28th day of May, 2020. PASSED AND ADOPTED, this 28th day of May, 2020. APROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APROVED: ___________________ City Attorney Page 178 of 204 Ordinance No Page 3 of 3 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON MAY 22, 2020 Page 179 of 204 DECLARATION OF DISASTER RENEWAL WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020 Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented to Second Mayoral Order of March 23rd mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued Declaration Renewing the Disaster Declaration of March 17th and March 18th Order and Amended Declaration; and WHEREAS; on April 23, 2020, the College Station City Council consented to the April 21, 2020 Disaster Declaration Renewal with Ordinance 2020-4169; and WHEREAS, the conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist beyond thirty days requiring the Mayor to renew the state of disaster according to Texas Government Code §418.014; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and Page 180 of 204 Disaster Declaration Renewal Page 2 of 2 COVID-19 NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020 and April 21, 2020 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on May 22, 2020. DECLARED this 22nd day of May, 2020. APROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APROVED: ___________________ City Attorney Page 181 of 204 May 28, 2020 Item No. 4.5. Standard of Care Ordinance Sponsor:David Schmitz, Director of Parks and Recreation Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends Council adopt the proposed Standard of Care Ordinance. Summary: The Department of Human Services and Department of Protective and Regulatory Services passed updated legislation specifically regarding the regulation of certain facilities, homes, and agencies that provide child-care services. According to Section 42.041, the services provided by the Parks and Recreation Department within the City of College Station meet all exemptions to this legislation. However, our compliance must be evidenced through an approved Standard of Care Ordinance. In conjunction with the Legal Department, Parks & Recreation staff has drafted the ordinance for adoption. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ch 42 Ord_2020 Page 182 of 204 ORDINANCE NO.________________ AN ORDINANCE ADOPTING LOCAL STANDARDS OF CARE FOR THE CITY PARKS AND RECREATION DEPARTMENT'S ELEMENTARY AGE (5 - 13) YOUTH RECREATION PROGRAMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: PART 1. AUTHORITY. The Council adopts these local standards of care for the Parks and Recreation Department children's Recreational Programs under Texas Human Resources Code Section 42.041(b)(14) (Required License and Accreditation) and its home rule authority. PART 2. DEFINITIONS. In this ordinance: (1) RECREATION ASSISTANT means a person responsible for the direct care or administration, clerical support, food preparation, or Facility maintenance. (2) DEPARTMENT means the Parks and Recreation Department. (3)DIRECTOR means the director of the Parks and Recreation Department. (4)DESIGNEE means a person appointed by the Director to act on the Director's behalf. (5)FACILITY means a building or improvement operated or used by the Department in conducting a Recreational Program. (6)PARTICIPANT means a child age five to 13 years old who is enrolled in a Recreational Program and is under the supervision of Department staff. (7) RECREATIONAL PROGRAM OR PROGRAM means a fee-based children's program or activity offered and supervised by the Department that requires a Participant to enroll or register to participate. (8) STAFF means a person who is employed by the Department to work in a Recreational Program. (9) VOLUNTEER means a person assisting without remuneration in the care or supervision of Participants. PART 3. PROGRAM ADMINISTRATION. (A)The Department shall operate Recreational Programs in compliance with this Ordinance and the Department's rules adopted under this Ordinance. (B) The Director, or Designee, shall administer the programs. Page 183 of 204 ORDINANCE NO. ______Page 2 of 5 PART 4. PROGRAM RULES; MONITORING. (A) The Director shall adopt rules relating to the operation of the programs. A rule adopted under this Ordinance may be more restrictive than the minimum standards adopted by this Ordinance. (B) The Director shall monitor the programs to ensure compliance with the standards adopted in this Ordinance and the rules. PART 5. REQUIRED SUPERVISION FOR NON-AQUATIC RECREATIONAL PROGRAMS. (A) Except as provided in Subsection (B), the Department shall provide Recreation Assistants during a Recreational Program at a minimum as follows: (1) one Recreation Assistant for each 12 Participants between the ages of five and nine years old; and (2) one Recreation Assistant for each 15 Participants between the ages of ten and 13 years old. (B) The Department shall provide activity leaders during a Recreational Program designed for Participants with a disability at a minimum as follows: (1) one Recreation Assistant for each four Participants between the ages of five and 12; and (2) one Recreation Assistant for each eight Participants between the ages of 12 and 13 years old. PART 7. REQUIREMENTS FOR ACTIVITY LEADERS. (A)The Department shall provide a minimum of one Recreation Assistant for each class or group enrolled in a Recreational Program. (B) A Recreation Assistant must be at least 16 years old. (C) A Recreation Assistant must retain the following certification from a nationally recognized organization approved by the Director: (1) cardiopulmonary resuscitation for adults, children and infants; (2) use of an automated external defibrillator; and (3) first aid. PART 8. STAFF AND VOLUNTEER TRAINING REQUIREMENTS. (A) The Director shall establish training requirements for all Staff and Volunteers who provide direct care or supervision to Participants. Page 184 of 204 ORDINANCE NO. ______Page 3 of 5 (B) At least one Staff member at each Facility must have current training in first aid, automated external defibrillator, and cardiopulmonary resuscitation for adults, children and infants from a nationally recognized program that has been approved by the Director. PART 9. PERSONNEL RESTRICTION. (A) A person may not be employed or serve as a Volunteer in a Recreational Program if: (1) the person would be permanently barred from being present at a child care operation while children are in care under the Texas Administrative Code Title 40, Part 19, Chapter 745 (Licensing); or (2) the Director determines that, based on the criminal history and other relevant and credible information, the person poses a risk to the safety or health of Participants. (B) The Director may obtain a criminal history record of any employee or Volunteer working or applying to work in a Recreational Program. PART 10. FACILITY OPERATION; PHYSICAL ENVIRONMENT. (A)The Department may not operate a Recreational Program at a Facility unless the Facility meets the following requirements: (1) The Facility and equipment used in the Program do not present fire, health, or safety hazards and are kept free of refuse and debris; (2) The Facility is inspected annually for safety by the Department; (3) The Facility is kept free of insects, rodents, and stray animals; (4) The Facility has clearly marked emergency exits; (5) The Facility has a disaster and evacuation procedure posted in a visible location; (6) The Facility is used and maintained in accordance with the fire prevention requirements of Chapter 25-12 (Technical Codes) and the directives of the fire chief, including not fewer than four fire drills each year; (7) First aid and infection control kit are kept at the Facility, including sufficient additional kits to be taken to other locations at which Participants engage in a Program activity; (8) First aid guidelines are on file and visibly posted at the facility, including: (a) cardio pulmonary resuscitation and rescue breathing sequence guidelines; (b) first aid review; and (c) emergency action plans; and Page 185 of 204 ORDINANCE NO. ______Page 4 of 5 (9) The Facility has a sufficient number of restrooms that are equipped for independent use by children and that are designed to permit Staff supervision if necessary. (B)The Department shall maintain a campground or primitive Facility used for a Recreation Program in compliance with the requirements of Subsection (A) to the extent possible. (C) The Department shall maintain equipment used in the programs in good condition. Department Staff shall remove a defective tool, machinery, appliance, or other equipment and report the defective item to a supervisor. Unauthorized Staff may not repair defective equipment. PART 11. PHYSICAL HEALTH STANDARDS. (A) A Staff member shall supervise a Participant who is ill or injured until a parent or other authorized adult removes the Participant from the Facility. (B) Staff shall keep a Participant whose illness or medical condition would compromise the health or safety of the others separate from the others until the child is removed from the Facility. (C) Staff shall call a Participant's parent or guardian if Participant has an oral temperature of 100.4 degrees Fahrenheit or greater, accompanied by behavior changes or other signs or symptoms of illness. (D) Staff may not admit or readmit a Participant whose illness or medical condition prevents the Participant from comfortably participating in Program activities or places other Participants at risk to the Facility for the duration of the illness or condition (E) In the case of an acute illness or injury to a Participant, Staff shall call for an emergency vehicle to transport the Participant to an authorized medical facility. PART 12. MEDICATION STANDARDS. (A) A Staff member may not administer medication to a Participant without a parental medication authorization. Staff may not administer medication that is not in its original container or past the expiration date on the container. (B) A Staff member may not administer an injection or an amount of medication that is inconsistent with the prescribed dosage. A Staff member may administer an epinephrine auto-injector device if the Staff member has completed training approved by the Department. (C) A Staff member may not accept more than a daily supply of medication for a Participant and the member shall return the unused medication to the parent on at the end of the day Page 186 of 204 ORDINANCE NO. ______Page 5 of 5 (D) Staff must keep medication in a locked and secured location that is not accessible by Participants. (E) A Staff member shall maintain a medication log that includes the name of the child to whom the medication is administered, the time the medication is dispensed, and the name of the person dispensing the medication. PART 13. DISTRIBUTION OF STANDARDS. (A) The Department shall post and make available copies of the standards adopted in this Ordinance or by rules adopted under this Ordinance. (B) The Department shall inform parents or guardians of each Participant that the Recreational Programs are not licensed by the state. The programs may not be advertised as child-care facilities. PART 14. ENFORCEMENT. The Director or Designee shall monitor and enforce this Ordinance and the standards herein as required by law. PART 15. EXPIRATION. This Ordinance expires one year after its effective date. PART 16. This Ordinance takes effect on ________________________________. PASSED ADOPTED, AND APPROVED this _____ day of _________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 187 of 204 May 28, 2020 Item No. 4.6. Short Term Rental Ordinance Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance regulating short-term rental units in College Station. Relationship to Strategic Goals: Good Governance Financial Sustainability Neighborhood Integrity Diverse & Growing Economy Recommendation(s): Staff recommends Council adopt the short term rental ordinance. Summary: Staff presented a draft short term rental ordinance to Council during the Workshop portion of the City Council meeting on April 23, 2020. The draft ordinance proposed the regulation of short term rental units (STRs) and described how the City would permit and enforce STRs in College Station. The ordinance included elements to permit owner-occupied and non-owner-occupied STRs, mandated life safety inspections prior to permit issuance, instituted tenant information brochures for STR operations, required STR operators to collect and remit applicable hotel occupancy tax, and detailed a denial or revocation process for violations. At that meeting, staff received additional direction from Council to further examine the limits of non- owner-occupied STRs, address the presence of bed and breakfast facilities, and consider life safety inspections at more frequent intervals. To that end, staff will present a revised ordinance which defines STRs into 3 categories and places restrictions in some zoning districts based on owner- occupancy. The ordinance also provides clarity on bed and breakfast facilities and establishes more regular life safety inspections. Staff will also make the initial draft of the ordinance available for Council’s consideration. This version has also been updated to reflect the inclusion of the definition of a bed and breakfast facility and additional language concerning the remittance of hotel occupancy tax. Note: The initial draft is attached as "Ordinance Draft 1" The revised draft is attached as "Ordinance Draft 2" Budget & Financial Summary: City policy allows for full cost recovery. An annual fee to receive and maintain a permit will be applied at application and renewal. Fiscal Services will bring back the fee ordinance at a future Council meeting to incorporate the fees associated with STR permitting and inspections. Page 188 of 204 All STRs operating in College Station are required to collect and remit the appropriate Hotel Occupancy Taxes. Reviewed & Approved by Legal: No Attachments: 1.Ordinance Draft 1 2.Ordinance Draft 2 Page 189 of 204 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 103, “BUILDINGS AND BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW ARTICLE VI, “SHORT TERM RENTAL REGULATIONS,” RELATING TO THE REGULATION OF SHORT TERM RENTALS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance becomes effective September 1, 2020. Page 190 of 204 ORDINANCE NO._____Page 2 of 7 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 28th day of May, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 191 of 204 ORDINANCE NO._____Page 3 of 7 Ordinance Form 8-14-17 EXHIBIT A That Chapter 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new Article VI, “SHORT TERM RENTAL REGULATIONS,” to read as follows: ARTICLE VI. – SHORT TERM RENTAL REGISTRATION Sec. 103-242. – Applicability. This article applies to all Short Term Rental operators unless expressly provided otherwise herein. Sec. 103-243. – Purpose and Intent. The purpose of this article is to safeguard the life, health, safety, welfare, and property of the occupants of residential dwelling units, the neighbors of said occupants, and the general public, through the registration and regulation of Short Term Rentals and to ensure the collection and payment of hotel occupancy taxes. The intent of this article is to preserve the neighborhood character of residential subdivisions within the City of College Station and to minimize adverse impacts to residential subdivisions caused by Short Term Rentals. Sec. 103-244. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the City Manager or designee. Bed and breakfast facility means an accessory to a single-family dwelling in which no more than four (4) unrelated individuals occupy the property overnight, maintain a residential appearance and be the permanent residence of the proprietor, no more than four (4) rooms where shared/common bathrooms are provided, and no cooking facilities permitted in individual rooms. Dwelling Unit means a residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, cooking, eating, and sanitation Hotel Occupancy Tax means the hotel occupancy tax required to be assessed and collected for the operation of any Short Term Rental and paid pursuant to Chapter 351 of the Texas Tax Code. Local Contact means an individual located within 30 miles of the College Station City Hall who has access to the property and is authorized to make decisions regarding the property while a Short Term Rental is being rented. Operator means any person, firm, or corporation who operates a short term rental, as defined in this article. Owner means any person, firm, trust, corporation, partnership, or any other legal entity who has a legal or equitable interest in the property. Page 192 of 204 ORDINANCE NO._____Page 4 of 7 Ordinance Form 8-14-17 Short Term Rental means a dwelling unit that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days; including but not limited to, single-family unit, duplex unit, tri-plex, four-plex unit, multi-family unit, manufactured or mobile home unit, townhome, or condominium. A bed and breakfast facility is considered to be a short term rental. Short Term Rental Permit means a permit issued by the City that identifies the address of the subject property as a lawful short term rental, the short term rental permit number, the names and contact information of the owner and local contact, and a 24-hour emergency contact phone number for all the preceding persons. Sec. 103-245. – Permit Required. (a) It shall be unlawful for any person or entity to rent, or offer to rent, any short term rental without a valid short term rental permit issued under this article. (b) A permit issued under this article may not be transferred and does not convey with the property upon sale. Each new owner of a permitted or previously permitted dwelling unit must apply for a short term rental permit to rent property under the short term rental guidelines. (c) Each short term rental, shall be issued a permit with a unique permit number. The permit number must be included in any and all advertisement for the short term rental including internet booking sites. (d) A permit shall be valid for a period of one year from the date of issuance and may be renewed by applying in accordance with this article. Sec. 103-246. Permit Application. A person seeking a short term rental permit shall submit an application to the City Manager or designee. Said application shall be in writing, on a form provided by the City, and shall include the following information (if applicable): (a) The name, address, email address, and telephone number, of the property owner or operator. If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the registered agent; (b)The name, address, email, and twenty-four (24) hour telephone number of a local contact person; 1. The local contact person is the person designated by the operator who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit; and (2) taking remedial action to resolve such complaints. (c) The physical address of the short term rental; (d)A statement that the Operator of the short term rental will comply with the requirements of this article; (e)Verification the applicant has no delinquent hotel occupancy taxes due on the property; Page 193 of 204 ORDINANCE NO._____Page 5 of 7 Ordinance Form 8-14-17 (f) Such other information as the City Manager, or designee, deems reasonably necessary to administer this article. Sec. 103.247. Permit Requirements. (a) Life Safety Inspection. Prior to issuance of a short term rental permit, the Operator shall allow, with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or designee to ensure compliance with minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by resolution. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Life Safety inspection may be waived for a renewing permit if the following apply: (i) Operator self-certifies compliance with life safety standards and (ii) Operator has not been found in violation of this article. (b) Hotel Occupancy Tax. It is a condition of the initial and continued validity of a Short Term Rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes owed to the City under the Texas Tax Code. (c) Fees. The Applicant shall pay a nonrefundable application fee established in Section 2- 117 upon submission of a short term rental application to the City. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee established in Section 2-117. Sec. 103.248. Permit Denial and Revocation. (a)Denial of Permit. The permit application shall be denied and no permit shall be issued if the City finds that: (1)Any statement made in the application is incomplete, inaccurate, misleading, or false; (2)The operator, its partners, officers, owners, and other principals have not paid to the City all fees due under this article; or (3)The applicant has had a short term rental permit revoked within the preceding 18 months. (b) Revocation of Permit. The City may revoke a permit for one or more of the following reasons: (1) The applicant fails to comply with or is in violation of any provision of the permit, City ordinances, or any other applicable law; Page 194 of 204 ORDINANCE NO._____Page 6 of 7 Ordinance Form 8-14-17 (2)The application contains a false or misleading statement of material fact; (3)The authorized City official determines that the rental poses a serious threat to the public health, safety or welfare; or (4)Failure to remit hotel occupancy tax. (c)Notice of denial or revocation. The City shall provide written notice within ten (10) days of the denial or revocation of a permit to operator, which shall state the reason(s) for the decision and inform the operator of its right to appeal the decision in writing including when and to whom it must be delivered. Sec. 103.249. Renewing permit. (a)Renewing a permit. An operator may file an application for renewal of the permit. The Administrator may deny the renewal if there is reasonable cause to believe that: (1)The applicant has violated any ordinance of the city, or any state, or federal law on the property or has permitted such a violation on the property by any other person; or (2) There are grounds for revocation or other sanction as provided in this article. Sec. 103.250. Appeal. (a)The applicant may appeal a denial of a permit by submitting in writing a notice to appeal, delivered to the City Manager’s office no later than five (5) business days after the denial or revocation decision. (b)The notice of appeal must be in writing and state the grounds for the appeal and why the determination should be reversed or modified. If the applicant makes a timely, written request for appeal, the City Manager or designee shall hold a hearing within ten (10) business days. (c) The applicant shall have the opportunity to be heard at the hearing. (d) After the close of the hearing, the City Manager or designee shall make a determination concerning approval, denial, or modification of the permit within five (5) business days. Sec. 103-251. Short Term Rental Operating Requirements. Each short term rental operator shall do the following: (a) Informational Brochure. Each operator shall provide to guests a brochure that includes: (1) The operator’s 24-hour contact information; (2) Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and Page 195 of 204 ORDINANCE NO._____Page 7 of 7 Ordinance Form 8-14-17 (3)Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. (b) Life Safety Equipment. Each operator shall equip the dwelling unit with working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm if the dwelling uses natural gas or propane, and one working fire extinguisher for each floor of the dwelling. (c)Maintain the dwelling unit in compliance with applicable building and fire codes adopted by the City. (d)Collect and remit the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code. The operator shall remit to the City of College Station fiscal department, or designee, all city hotel occupancy taxes collected pursuant to state law by the last business day of the month following the month of collection. Sec. 103.252 – Violation; penalties. It shall be unlawful for a short term rental operator to operate, maintain or conduct within the City a short term rental without first securing a permit, and/or without complying with all of the provisions of this article or any other law. Any person, firm or corporation violating any of the provisions of this article shall be punished as provided in Section 1-7. Failure to timely pay the hotel occupancy taxes is considered a violation of this article and may result in revocation of the permit. Owner shall have 30 days from the date the city or state issue a notice of delinquency to submit hotel occupancy tax to city and state before revocation of the short term rental permit begins. Page 196 of 204 ORDINANCE NO._____Page 1 of 8 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 103, “BUILDINGS AND BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW ARTICLE VI, “SHORT TERM RENTAL REGULATIONS,” RELATING TO THE REGULATION OF SHORT TERM RENTALS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance becomes effective September 1, 2020. Page 197 of 204 ORDINANCE NO._____Page 2 of 8 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 28th day of May, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 198 of 204 ORDINANCE NO._____Page 3 of 8 Ordinance Form 8-14-17 EXHIBIT A That Chapter 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new Article VI, “SHORT TERM RENTAL REGULATIONS,” to read as follows: ARTICLE VI. – SHORT TERM RENTAL REGISTRATION Sec. 103-242. – Applicability. This article applies to all Short Term Rental operators unless expressly provided otherwise herein. Sec. 103-243. – Purpose and Intent. The purpose of this article is to safeguard the life, health, safety, welfare, and property of the occupants of residential dwelling units, the neighbors of said occupants, and the general public, through the registration and regulation of Short Term Rentals and to ensure the collection and payment of hotel occupancy taxes. The intent of this article is to preserve the neighborhood character of residential subdivisions within the City of College Station and to minimize adverse impacts to residential subdivisions caused by Short Term Rentals. Sec. 103-244. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the City Manager or designee. Bed and breakfast facility means an accessory to a single-family dwelling in which no more than four (4) unrelated individuals occupy the property overnight, maintain a residential appearance and be the permanent residence of the proprietor, no more than four (4) rooms where shared/common bathrooms are provided, and no cooking facilities permitted in individual rooms. Dwelling Unit means a residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, cooking, eating, and sanitation. Hotel Occupancy Tax means the hotel occupancy tax required to be assessed and collected for the operation of any Short Term Rental and paid pursuant to Chapter 351 of the Texas Tax Code. Page 199 of 204 ORDINANCE NO._____Page 4 of 8 Ordinance Form 8-14-17 Local Contact means an individual located within 30 miles of the College Station City Hall who has access to the property and is authorized to make decisions regarding the property while a Short Term Rental is being rented. Operator means any person, firm, or corporation who operates a short term rental, as defined in this article. Owner means any person, firm, trust, corporation, partnership, or any other legal entity who has a legal or equitable interest in the property. Owner-occupied means the property’s owner of record that utilizes the dwelling as the owner’s primary residence. Short Term Rental means a dwelling unit that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days; including but not limited to, single-family unit, duplex unit, tri-plex, four-plex unit, multi-family unit, manufactured or mobile home unit, townhome, or condominium. Short Term Rental I means a bed and breakfast facility located in a residential zoning district. The property must be a single-family dwelling in which no more than four (4) unrelated individuals occupy the property overnight and be the permanent residence of the proprietor. No more than four (4) rooms where shared/common bathrooms are provided are permitted, and no more than one (1) meal is served daily. Short Term Rental II means a short term rental unit that is owner-occupied within a residential zoning district of General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS). This may include an accessory dwelling located on the property; if so, the owner or designated local contact is required to be on the premises during the rental. Short Term Rental III means short term rental that may or may not be owner-occupied within a residential zoning district other than General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS). Short Term Rental Permit means a permit issued by the City that identifies the address of the subject property as a lawful short term rental, the short term rental permit number, the names and contact information of the owner and local contact, and a 24-hour emergency contact phone number for all the preceding persons. Sec. 103-245. – Permit Required. (a) It shall be unlawful for any person or entity to rent, or offer to rent, any short term rental without a valid short term rental permit issued under this article. (b) A permit issued under this article may not be transferred and does not convey with the property upon sale. Each new owner of a permitted or previously permitted dwelling unit must apply for a short term rental permit to rent property under the short term rental guidelines. Page 200 of 204 ORDINANCE NO._____Page 5 of 8 Ordinance Form 8-14-17 (c) Each short term rental, shall be issued a permit with a unique permit number. The permit number must be included in any and all advertisements for the short term rental including internet booking sites. (d) A permit shall be valid for a period of one year from the date of issuance and may be renewed by applying in accordance with this article. Sec. 103-246. Permit Application. A person seeking a short term rental permit shall submit an application to the City Manager or designee. Said application shall be in writing, on a form provided by the City, and shall include the following information (if applicable): (b)The name, address, email address, and telephone number, of the property owner or operator. If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the registered agent; (c)For Short Term Rental I and II, proof that the premises is the primary residence of the applicant, including at least two of the following: Motor vehicle registration, driver’s license, Texas State Identification card, voter registration, tax documents, or utility bill; (d)The name, address, email, and twenty-four (24) hour telephone number of a local contact person; 1. The local contact person is the person designated by the operator who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit; and (2) taking remedial action to resolve such complaints. The owner may be listed as the local contact. (e) The physical address of the short term rental; (f)A statement that the Operator of the short term rental will comply with the requirements of this article; (g)Verification the applicant has no delinquent hotel occupancy taxes due on the property; (h) Such other information as the City Manager, or designee, deems reasonably necessary to administer this article. Sec. 103.247. Permit Requirements. (a) Life Safety Inspection. Prior to issuance of a short term rental permit, the Operator shall allow, with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or designee to ensure compliance with minimum health and safety Page 201 of 204 ORDINANCE NO._____Page 6 of 8 Ordinance Form 8-14-17 requirements for use and occupancy. If a premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by resolution. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Life Safety inspection may be waived for a renewing permit if the following apply: (i) Unit is classified as Short Term Rental I; (ii) Operator self-certifies compliance with life safety standards; and (iii) Operator has not been found in violation of this article. (b) Hotel Occupancy Tax. It is a condition of the initial and continued validity of a Short Term Rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes owed to the City under the Texas Tax Code. (c) Fees. The Applicant shall pay a nonrefundable application fee established in Section 2- 117 upon submission of a short term rental application to the City. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee established in Section 2-117. Sec. 103.248. Permit Denial and Revocation. (a)Denial of Permit. The permit application shall be denied and no permit shall be issued if the City finds that: (1)Any statement made in the application is incomplete, inaccurate, misleading, or false; (2)The operator, its partners, officers, owners, and other principals have not paid to the City all fees due under this article; or (3)The applicant has had a short term rental permit revoked within the preceding 18 months. (b) Revocation of Permit. The City may revoke a permit for one or more of the following reasons: (1) The applicant fails to comply with or is in violation of any provision of the permit, City ordinances, or any other applicable law; (2)The application contains a false or misleading statement of material fact; (3)The authorized City official determines that the rental poses a serious threat to the public Page 202 of 204 ORDINANCE NO._____Page 7 of 8 Ordinance Form 8-14-17 health, safety or welfare; or (4)Failure to remit hotel occupancy tax. (c)Notice of denial or revocation. The City shall provide written notice within ten (10) days of the denial or revocation of a permit to operator, which shall state the reason(s) for the decision and inform the operator of its right to appeal the decision in writing including when and to whom it must be delivered. Sec. 103.249. Renewing permit. (a)Renewing a permit. An operator may file an application for renewal of the permit. The Administrator may deny the renewal if there is reasonable cause to believe that: (1)The applicant has violated any ordinance of the city, or any state, or federal law on the property or has permitted such a violation on the property by any other person; or (2) There are grounds for revocation or other sanction as provided in this article. Sec. 103.250. Appeal. (a)The applicant may appeal a denial of a permit by submitting in writing a notice to appeal, delivered to the City Manager’s office no later than five (5) business days after the denial or revocation decision. (b)The notice of appeal must be in writing and state the grounds for the appeal and why the determination should be reversed or modified. If the applicant makes a timely, written request for appeal, the City Manager or designee shall hold a hearing within ten (10) business days. (c)The applicant shall have the opportunity to be heard at the hearing. (d) After the close of the hearing, the City Manager or designee shall make a determination concerning approval, denial, or modification of the permit within five (5) business days. Sec. 103-251. Short Term Rental Operating Requirements. Each short term rental operator shall do the following: (a) Informational Brochure. Each operator shall provide to guests a brochure that includes: (1) The operator’s 24-hour contact information; (2) Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and Page 203 of 204 ORDINANCE NO._____Page 8 of 8 Ordinance Form 8-14-17 (3)Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. (b) Life Safety Equipment. Each operator shall equip the dwelling unit with working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm if the dwelling uses natural gas or propane, and one working fire extinguisher for each floor of the dwelling. (c)Maintain the dwelling unit in compliance with applicable building and fire codes adopted by the City. (d)Collect and remit the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code. The operator shall remit to the City of College Station fiscal department, or designee, all city hotel occupancy taxes collected pursuant to state law by the last business day of the month following the month of collection. Sec. 103.252 – Violation; penalties. It shall be unlawful for a short term rental operator to operate, maintain or conduct within the City a short term rental without first securing a permit, and/or without complying with all of the provisions of this article or any other law. Any person, firm or corporation violating any of the provisions of this article shall be punished as provided in Section 1-7. Failure to timely pay the hotel occupancy taxes is considered a violation of this article and may result in revocation of the permit. Owner shall have 30 days from the date the city or state issue a notice of delinquency to submit hotel occupancy tax to city and state before revocation of the short term rental permit begins. Page 204 of 204