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HomeMy WebLinkAbout07/23/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Webinar ID: 984 6115 5646 Internet: https://zoom.us/j/98461155646 July 23, 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 3 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: • July 9, 2020 Workshop Meeting • July 9, 2020 Regular Meeting     Sponsors:Tanya Smith  Attachments:1.WKSHP07920 DRAFT Minutes 2.RM070920 DRAFT Minutes Page 1 of 198 City Council Regular Page 2 July 23, 2020 3.2.Presentation,  discussion,  and  possible  action  on  an  ordinance  authorizing  a  General  and  Special  Runoff  Election  to  be  held  on  November  3,  2020,  for  the  purpose  of  electing  City  Councilmembers, Place 1, 3, and 5, and for the purpose of electing City Councilmember Place  4,  by  the  qualified  voters  of  the  City  of  College  Station,  establishing  early  voting  locations,  polling places for this election and making provisions for conducting the election. (Presentación,  discusión,  y posible  acción  acerca  de  ordenanza  autorizando  elecciones  generales  y  especiales de segunda vuelta a celebrarse el 3 de noviembre de 2020, con el propósito de  elegir miembros del consejo de la ciudad para los puestos números 1, 3 y 5, y con el propósito  de  elegir  miembro  del  consejo  de  la  ciudad  para  el  puesto  número  4,  por  los  votantes  calificados  de  la  Ciudad  de  College  Station,  estableciendo  los  puestos  de  votaciones  tempranas,  los  centros  de  votaciones  para  estas  elecciones  e  indicando  las  estipulaciones  para realizar las elecciones.) Sponsors:Tanya Smith Attachments:1.ORD Order Spec run off & Gen'l Elect 2 (0715) 2.ORD Order Spec run off & Gen'l Elect 2 (0715) Spanish 3.3.Presentation,  discussion,  and  possible  action  on  an  interlocal  government  agreement  with  Brazos County for the conduct and management of the City of College Station General and  Special  Runoff  Election  that  will  be  held  on  Tuesday,  November  3,  2020.  (Presentación,  discusión, y possible acción acerca de una resolución que apruebe un acuerdo interlocal de  gobierno con el Condado de Brazos para llevar a cabo y administrar las Elecciones Generales  y Especiales de la Ciudad de College Station y para aprobar la Notificación de Elecciones  Generales que se celebrarán el martes 3 de noviembre de 2020.) Sponsors:Tanya Smith Attachments:1.ILA with Brazos County 3.4.Presentation,  discussion,  and  possible  action  to  approve  the  second  renewal  of  an  annual  contract  for  Professional  Auditing  Services  with  BKD,  LLP  for  an  amount  not  to  exceed  $95,000. Sponsors:Mary Ellen Leonard Attachments:1.18300669R2 AMD1 3.5.Presentation,  discussion,  and  possible  action  regarding  a  funding  agreement  with  College  Station  Independent  School  District  for  Community  Development  Block  Grant  CARES  Act  funding for Public Service Agency funding in the amount not to exceed $250,000 for the CSISD  COVID­19 Family Empowerment Program. Sponsors: Debbie Eller Attachments: Contract on File In the City Secretary's Office 3.6.Presentation, discussion, and possible action on calling a Public Hearing on the City of College  Station FY 2020­2021 Proposed Budget for Thursday, August 13, 2020 at 6:00 PM in the City  Hall Council Chambers or via zoom as published on the agenda. Sponsors:Mary Ellen Leonard Attachments:None Page 2 of 198  City Council Regular Page 3 July 23, 2020 3.7.Presentation, discussion, and possible action on an amendment to the Second Restatement  ILA for the Construction, Acquisition, Implementation, Operation and Maintenance of BVWACS  and an amendment to the ILA for the Managing Entity by BVCOG for BVWACS both adding  Madison County.  Sponsors:Sindhu Menon   Attachments:1.FINAL UNSIGNED ­ Madison County Amendment V5 2.FINAL UNSIGNED ­ Managing Entity Agreement Amendment­ Madison­  v2 3.8.Presentation, discussion, and possible action on the third amendment to a leasing agreement  with CEO Etc. increasing usage of the City’s fiber.   Sponsors:Sindhu Menon  Attachments:1.18300031 AMD#3 CEO ETC. 6­19­20 FINAL (signed) 3.9.Presentation, discussion, and possible action regarding the renewal of the Interlocal Agreement  with the City of Bryan for Management of the Larry J. Ringer Library.  Sponsors:David Schmitz  Attachments:1.ILA BCS Library System 3.10.Presentation, discussion, and possible action regarding the conversion of existing greenway  property to parkland.  The amount of greenway property being considered for conversion is  195.8 acres, all located adjacent to existing parkland.  Sponsors:David Schmitz  Attachments:1.Parkland Expansion 3.11.Presentation, discussion, and possible action on amending a resolution adopting fees, rates  and charges as provided by Chapter 2 “Administration,” Article V “Finance,” Division 2 “Fees,  Rates and Charges,” of the Code of Ordinances.  Sponsors:Mary Ellen Leonard  Attachments:1.FY 19­20 Fee Resolution Amend STR Fees 3.12.Presentation, discussion, and possible action regarding the approval of a contract with Zero/Six  Consulting, LLC in the amount of $115,739.90 for building envelope consulting services for the  New City Hall Project.  Sponsors:Emily Fisher  Attachments:1.Zero ­ Six Contract 20300521 3.13.Presentation, discussion, and possible action regarding the award of a three year contract  (contract no. 20300517; RFP no. 20­048) for Electric Right­of­Way Tree Trimming Services to  Asplundh Tree Expert, LLC in the amount of $2,400,874.35.  Sponsors:Timothy Crabb  Attachments:1.Contract is available for review in the City Secretary's Office 3.14.Presentation, discussion, and possible action regarding the award of Community Development  Block Grant ­ Coronavirus funding to Unity Partners dba Project Unity in the amount of  $124,250 for the COVID­19 Assistance Program.  Sponsors:David Brower  Attachments:1.20300595 Unity Partners ­ COVID­19 Assistance Program Page 3 of 198  City Council Regular Page 4 July 23, 2020 3.15.Presentation, discussion, and possible action regarding a professional services contract with  McCord Engineering, Inc. for $600,000 for engineering services.  Sponsors:Timothy Crabb  Attachments:1.Contract is available for review in the City Secretary's Office    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 on Budget Amendment #2  amending Ordinance No. 4128 which will amend the budget for the 2019­2020 Fiscal Year by  various amounts in substantially all funds, with the exception of the enterprise funds, due to the  impact of the COVID 19 pandemic.  Sponsors:Mary Ellen Leonard  Attachments:1.FY20 Budget Amendment #2 Ordinance 2.Memo ­ Budget Amendment #2 4.2.Public Hearing, presentation, discussion, and possible action regarding an Ordinance making  certain affirmative findings and vacating and abandoning portions of a 15 foot wide public utility  easement, said portions lying in Lot 1, Block 1 of the Cutting Edge Addition Subdivision,  according to a final plat recorded in the official records of Brazos County, Texas and containing  other provisions related to the subject.      Sponsors:Alma Guerra   Attachments:1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application 4.3.Public Hearing, presentation, discussion, and possible action approving an ordinance making  certain affirmative findings and vacating and abandoning a 0.2541 acre portion of a 20­foot  wide Sanitary Sewer Easement, said portion lying along the northeast property line of Lots 1  and 2A of the Lakeview Acres Revised Subdivision according to the easement recorded in the  Official Records of Brazos County, Texas.  Sponsors:Anthony Armstrong   Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application 4.4.Presentation, discussion, and possible action regarding an ordinance consenting toand  extending the Mayor's renewal of a disaster declaration due to public health emergency.  Sponsors:Jeff Capps  Attachments:1.July 23 Ordinance Disaster Declaration Renewal Page 4 of 198 City Council Regular Page 5 July 23, 2020 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 10:30 a.m. on July 20, 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.”  City Secretary Page 5 of 198 July 23, 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: • July 9, 2020 Workshop Meeting • July 9, 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.WKSHP07920 DRAFT Minutes 2.RM070920 DRAFT Minutes Page 6 of 198 WKSHP070920 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 9, 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, July 9, 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, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:08 p.m. on Thursday, July 9, 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 Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Page 7 of 198 WKSHP070920 Minutes Page 2 Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice regarding termination of the FY20 funding agreements between the City and Experience Bryan College Station and issues related to possible dissolution of EBCS. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 5:54 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. No Items pulled from Consent for clarification. 5. Workshop 5.1 Presentation, discussion, and possible action regarding the conversion of existing greenways property to park land in three areas. The total sum of greenways being considered for conversion is 195.8 acres, all located adjacent to existing park properties. David Schmitz, Director of Parks and Recreation, stated that in proposition 6 of the 1998 Capital Improvements Program, City leaders approved the purchase of a portion of the above-mentioned acreage for greenways. The description within the proposition includes implicit statements regarding the ability of land use for hike and bike trails and passive recreational activities. The Spring Creek section of the greenways was deeded to the City in 2005 with certain conservation restrictions, and through the conversion of this land to parkland, it is protected as park land, located near adjacent park properties. Staff recommends support and approval for the conversion of the 195.8 acres of greenways to park land. On June 9 2020, the Parks & Recreation Advisory Board unanimously passed a motion to approve the properties as park property. Council directed staff to bring back for approval at the next Council meeting. 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, Page 8 of 198 WKSHP070920 Minutes Page 3 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, Census Committee Group, 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 the Historic Preservation Committee. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:28 p.m. on Thursday, July 9, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 9 of 198 RM070920 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 9, 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 6:39 p.m. on Thursday, July 9, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments No comments at this time. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: June 25, 2020 Workshop Meeting June 25, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action on approving annual expense to purchase water meters from Badger Meter, Inc., with estimated annual expenditures of $125,000. Page 10 of 198 RM070920 Minutes Page 2 3.3. Presentation, discussion, and possible action regarding approval for a construction contract in the amount of $2,347,623.55 for the Southside Safety Improvements Project with Kieschnick General Contractors, Inc. 3.4. Presentation, discussion, and possible action regarding approving Ordinance No. 2020- 4196 authorizing the execution of an Oversized Participation Agreement that upsizes approximately 1,466 linear feet of water line from an 8-inch to an 18-inch water line through the Traditions Phase 24 and 25 subdivision. 3.5. Presentation, discussion, and possible action regarding Ordinance No. 2020-4197 consenting to, amending, and approving Order Number Three under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency regarding face coverings as proclaimed by the Mayor on June 25, 2020. 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 approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1. Presentation, discussion, and possible action on the Fiscal Year 2021 BVSWMA, Inc. Budget. Bryan Griesbach, Executive Director of BVSWMA, Inc., presented the proposed 2020 budget, which was considered and approved by the BVSWMA Board of Directors on June 17, 2020. The FY2020 proposed budget revenue is $9,499,000; the operating expenses are $7,086,327 and capital expenses are $4,975,000; and the total reserves, cash, & investments are $11,750,695. The proposed budget also reduces the gate rate for both owning cities from $17.50 to $15.00 per ton. 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 approve the Fiscal Year 2021 BVSWMA, Inc. Budget. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4198 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 to PDD Planned Development District on approximately 7 acres of land generally located at 14565 and 14575 FM 2154. Jade Broadnax, Planning and Development, stated that this request is to rezone approximately 7 acres located at 14565 and 14575 FM 2154 from R Rural to PDD Planned Development District with a base zoning district of WC Wellborn Commercial. The Concept Plan shows four commercial buildings, a detention pond, and a parking area. The stated purpose and intent of the requested PDD is to provide the needed commercial uses to support the increase in large single-family developments in the area while staying within the sanitary sewer system capacity. The Concept Plan proposes a commercial development with the buildings proposed ranging in height from 10 to 35 feet. Page 11 of 198 RM070920 Minutes Page 3 Wellborn Commercial is proposed as the base zoning district with a modification to allow additional uses including education facility, wholesales, warehousing/distribution, and self-storage. The developer has also proposed to exclude commercial daycares and restaurants as a permitted use. Community Benefits: The applicant offers the following as community benefits: 20-foot landscaped buffer on 3 sides, which is otherwise not required, with the following standards: A minimum of one (1) 1.25” caliper non-canopy tree per fifteen (15) linear feet of landscape buffer. A substitution of a minimum one (1) five gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscape buffer for the non- canopy tree requirement may be used. A minimum of one (1) two-inch caliper canopy tree per fifty (50) linear feet of landscape buffer. A minimum 6-foot high wooden screening fence for the entire buffer yard The building material requirements of WC Wellborn Commercial will be provided for any building façade that faces Wellborn Road and is within 250 feet of Wellborn Road. The Planning & Zoning Commission heard this item on March 5, 2020, and voted (7-0) to recommend approval of the zoning and associated concept plan. Staff recommends approval. At approximately 7:08 p.m., Mayor Mooney opened the Public Hearing. Deven Doyen, Schultz Engineering, stated he is here representing applicant and if the Council has any questions. There being no comments, the Public Hearing was closed at 7:10 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4198, 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 to PDD Planned Development District on approximately 7 acres of land generally located at 14565 and 14575 FM 2154. The motion carried unanimously. 4.3 Presentation, discussion, and possible action regarding a presentation of the proposed 2020- 2024 Consolidated Plan, FY 2021 (PY 2020) Annual Action Plan, and FY 2021 Community Development Budget. Debbie Eller, Director of Community Services, stated that the Community Development Programming for the City of College Station is currently directed by the 2015-2020 Consolidated Plan, which will expire on September 30, 2020. The U. S. Department of Housing and Urban Development requires each grantee to develop a Consolidated Plan that includes a community needs assessment, housing market analysis, housing conditions analysis, and specific goals and objectives to establish a unified vision for actions that will be carried out for the next five years. This item is for staff to present a summary of the proposed Consolidated Plan for 2020-2024 and request input and direction from Council. Page 12 of 198 RM070920 Minutes Page 4 In addition, each year the City is required to submit to a one-year Annual Action Plan describing projects, activities and budget to be funded with the community development grants received. Annual Action Plan activities must correspond to the 5-Year Consolidated Plan. The total grant funds available next year include $1,672,182 in Community Development Block Grant (CDBG) funds and $667,512 in HOME Investment Partnership Program Grant (HOME) funds. Staff will return to Council at the August 13th meeting to make available the final drafts of the plans and budget and to request adoption. 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 the proposed 2020-2024 Consolidated Plan, FY 2021 (PY 2020) Annual Action Plan, and FY 2021 Community Development Budget. The motion carried unanimously. 4.4 Presentation, discussion, and possible action regarding Resolution No. 07-09-20-4.4 directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. Mary Ellen Leonard, Director of Finance, stated that recent modifications to the tax code found in Senate Bill 2 from the 86th Regular Session of the Texas Legislature provides that if the taxing unit is located in an area declared as a disaster area the governing body may direct the person calculating the voter-approved rate to calculate it in the manner provided for a special taxing unit. On June 11, 2020, staff presented to Council the projected revenue impact and some mitigation strategies related to the COVID-19 pandemic. Staff continues to strategically evaluate the known and projected impacts of COVID-19 as it prepares the City’s FY21 Budget and strategic five year financial plan. Filing this resolution with the tax office provides the most flexibility for the City related to continuing to provide services given unknown future events. The Truth in Taxation support prepared by the City is due to the Tax Office by July 17, 2020. For this City to preserve the flexibility related to the option to calculate the voter-approved rate in the manner provided for a special taxing unit affected a disaster declaration, a resolution must be presented to the tax office prior to that date. MOTION: Upon a motion made by Councilmember Crompton and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Resolution No. 07-09-20-4.4, directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration.. The motion carried unanimously. 4.5 Presentation, discussion, and possible action regarding adoption of Resolution No. 07-09- 20-4.5 consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $2,000,000 for road improvements (the “Bonds”). Carla Robinson, City Attorney, stated that on May 20, 2020, the Board of Directors for the District approved a cost summary for the issuance of Bonds for $2,000,000 in road improvements within the District, the draft Preliminary Official Statement and Notice of Sale for the Bonds, and authorized moving forward with the sale of the Bonds subject to the City’s approval of the bond sale. On June 16, 2020, the Brazos County Commissioners’ Court accepted the District road that will be financed with District bonds into its county road system. In order for the bond issuance to proceed, the District’s draft resolution authorizing the issuance of the Bonds must be approved by the City Council to the extent that such resolution is in compliance with the City’s policy. The District’s representatives met with the City Manager’s Office and City Attorney on June 17, 2020, to discuss Page 13 of 198 RM070920 Minutes Page 5 the resolution, Preliminary Official Statement, and the schedules showing debt service requirements. Representatives with ABHR LLP, attorneys for the District, were present at the council meeting to answer questions. 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 adopt Resolution No. 07-09-20-4.4, consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $2,000,000 for road improvements (the “Bonds”). The motion carried unanimously. 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. Councilmember Crompton requested we expand our Greenways future agenda item by including the Lick Creek Greenways. Councilmember Crompton requested a future agenda item on the Rental Registration ordinance to examine where there might be consistencies with the STR and the long term rental ordinances. Councilmember Harvell requested that the City Manager’s Office look into holding a meeting with local small businesses to examine ways the City could provide support related to COVID-19. Councilmember Harvell requested that the City Manager’s Office look into the possibility of using HOT Funds to market the City of College Station as an overnight destination. Councilmember Brick requested a future agenda item to discuss the state of behavioral health treatment in the community. Councilmember Maloney requested a future agenda item on creating a College Station Business Association. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:28 p.m. on Thursday, July 9, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 14 of 198 July 23, 2020 Item No. 3.2. Ordering General and Special Runoff Elections (Ordenar elecciones generales y especiales de segunda Vuelta) Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance authorizing a General and Special Runoff Election to be held on November 3, 2020, for the purpose of electing City Councilmembers, Place 1, 3, and 5, and for the purpose of electing City Councilmember Place 4, by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election. (Presentación, discusión, y posible acción acerca de ordenanza autorizando elecciones generales y especiales de segunda vuelta a celebrarse el 3 de noviembre de 2020, con el propósito de elegir miembros del consejo de la ciudad para los puestos números 1, 3 y 5, y con el propósito de elegir miembro del consejo de la ciudad para el puesto número 4, por los votantes calificados de la Ciudad de College Station, estableciendo los puestos de votaciones tempranas, los centros de votaciones para estas elecciones e indicando las estipulaciones para realizar las elecciones.) Relationship to Strategic Goals: Good Governance (Buen gobierno) Recommendation(s): (Recomendación): Approve as presented to the City Council. (Aprobar en cuanto sea presentado ante el Consejo de la Ciudad.) Summary: (Resumen): The ordinance calls a general and special runoff election to be held on November 3, 2020 and provides a possible run-off date for December 8, 2020.(La ordenanza convoca a elecciones generales para celebrarse el 3 de noviembre de 2020 y proporciona una fecha posible de segunda vuelta para el 8 de diciembre de 2020.) Budget & Financial Summary: (Presupuesto y Resumen Financiero): The Election Administrator provided a conservative estimate of $90,000 for this year’s election. The cost will be split among the entities on the ballot. This does not include the cost to publish the Notice of Election. The Notice must be published in English and Spanish and must appear in The Eagle and La Voz. (El Administrador Electoral proporcionó una estimación conservadora de $90,000 para las elecciones de este año. El costo se dividirá entre las entidades indicadas en la boleta de votación. Este cálculo no incluye el costo de publicar la Notificación de las Elecciones. La Notificación deberá ser publicada en inglés y en español y deberá aparecer en los periódicos The Eagle y La Voz.) Reviewed & Approved by Legal: No Attachments: 1.ORD Order Spec run off & Gen'l Elect 2 (0715) 2.ORD Order Spec run off & Gen'l Elect 2 (0715) Spanish Page 15 of 198 ORDINANCE NO. ________________ AN ORDINANCE AUTHORIZING A GENERAL AND SPECIAL RUNOFF ELECTION TO BE HELD ON NOVEMBER 3, 2020, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS, PLACE 1, 3 AND 5, AND FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBER PLACE 4, BY THE QUALIFIED VOTERS OF THE CITY OF COLLEGE STATION; ESTABLISHING EARLY VOTING LOCATIONS AND POLLING PLACES; AND MAKING PROVISIONS FOR CONDUCTING THE ELECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: SECTION 1. A general and a special runoff election are ordered to be held by the City of College Station (the “City”) at the various polling places and election precincts within the corporate limits of the City, as hereinafter designated, on November 3, 2020, from the hours of 7:00 a.m. to 7:00 p.m. These general and special runoff elections will be conducted jointly with Brazos County and will be administered for the City by the Brazos County Elections Administrator, but these general and special runoff elections are not county-wide elections. At these elections the qualified voters of the City will elect City Councilmember Place 1, with a position of a two year term and Councilmembers for Places 3 and 5, with each position having a term of four years and for the purpose of electing City Councilmember Place 4 in a special election run off by the qualified voters of the City of College Station among the two candidates receiving the highest number of votes cast. SECTION 2. Should any candidate in the general election for Councilmembers for Places 1, 3 and 5 fail to receive a majority vote, then in that event a runoff election shall be ordered for such position in the general election to which no one was elected by a majority of votes case as required by Section 17 (e) of the City Charter, as amended. In the event it becomes necessary to conduct a runoff election, it shall be held on Tuesday, December 8, 2020. Canvass of the returns of the runoff election, if necessary, shall be held no earlier than the 8th day and no later than the 11th day following the date of the runoff election or on the next regular business day if the 11th day falls on a Saturday, Sunday or official state holiday. SECTION 3. The Vote Centers (polling locations) for College Station for these election shall be as follows: Vote Centers Vote Centers Arena Hall 2906 Tabor Road Bryan, Texas Church of the Nazarene 2122 E William J Bryan Pkwy Bryan, Texas Lincoln Center 1000 Eleanor College Station, Texas Castle Heights Baptist Church 4504 E. Hwy 21 Bryan, Texas Rudder Exhibit Hall - Texas A&M Campus, 401 Joe Routt Blvd. College Station, Texas First Baptist Church - Bryan 3100 Cambridge Drive Bryan, Texas Page 16 of 198 College Station ISD Administration Building 1812 Welsh College Station, Texas Living Hope Baptist Church 4170 Texas 6 Frontage Rd College Station, TexasParkway Baptist Church 1501 Southwest Parkway College Station, Texas Beacon Baptist Church 2001 East Villa Maria Road Bryan, Texas College Station City Hall 1101 Texas Avenue College Station, Texas A&M Church of Christ – Commons/Refinery 2475 Earl Rudder Fwy S. College Station, TexasWellborn Community Center 4119 W. Greens Prairie Road College Station, Texas Fellowship Freewill Baptist Church 1228 W. Villa Maria Road Bryan, Texas Zion Church of Kurten 977 N. FM 2038 Kurten, Texas College Station Utilities Meeting & Training Facility 1603 Graham Road College Station, Texas Millican Community Center 22284 Pierce Street Millican, Texas Christ United Methodist Church 4201 State Hwy 6 College Station, Texas Brazos County Administration Building 200 S Texas Avenue Bryan, Texas Galilee Baptist Church 804 N. Logan Bryan, Texas Bryan Ballroom 703 Palasota Dr. Bryan, Texas College Heights Assembly of God 4100 Old College Rd. Bryan, Texas GW Williams Tabernacle 311 Waco St. /1216 Eureka St. Bryan, Texas Brazos Center 3232 Briarcrest Drive Bryan, Texas Texas A&M College of Medicine 8447 Riverside Parkway Bryan, Texas SECTION 4. Joint early voting shall be conducted by personal appearance and by mail. The period for early voting by personal appearance for the general and the special runoff election shall be October 19 through October 30, 2020. Optical scan ballots shall be used for early voting by mail and direct recording electronic voting machines shall be used for early voting by personal appearance. The Early Voting Clerk for said elections shall be the Brazos County Elections Administrator. She shall determine the number of election workers to be hired and arrange for training of all election workers. Early voting by personal appearance for the general and special runoff election shall be conducted jointly at the locations and on the following dates and times specified by the Brazos County Elections Administrator: Places: Brazos County Administration Building (Sanctuary) – 200 S Texas Avenue, Bryan, Texas. Arena Hall – 2906 Tabor Road, Bryan, Texas. Page 17 of 198 Galilee Baptist Church – 804 N. Logan, Bryan, Texas. College Station Utilities Meeting & Training Facility – 1603 Graham Road, College Station, Texas Memorial Student Center - Room L504, Texas A&M University, Joe Routt Blvd., College Station, Texas. Dates and Times: October 19 – October 23 8:00 am – 5:00 pm (Monday – Friday) October 24 7:00 am – 7:00 pm (Saturday) October 25 10:00 am – 3:00 pm (Sunday) October 26 – October 30 7:00 am – 7:00 pm (Monday - Friday) SECTION 5. Early voting by mail ballot shall be conducted in accordance with applicable provisions of the Texas Election Code. The address of 300 East Wm. J. Bryan Pkwy, Suite 100, Bryan, Texas 77803, shall be the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent for the City. SECTION 6. All early votes and other votes to be processed in accordance with early voting procedures pursuant to the Texas Election Code shall be delivered to the Early Voting Ballot Board at the Brazos County Election Administrator’s office. Early votes shall be counted at the central counting station. The Early Voting Ballot Board shall perform in accordance with applicable provisions of the Election Code. SECTION 7. A Direct Record Electronic (“DRE”) System, as the term is defined in the Texas Election Code, shall be utilized in connection with these elections. This system shall be utilized for all early voting as well as for all precinct voting conducted on Election Day. The Brazos County Elections Administrator will appoint a programmer, who shall prepare a program for the automatic tabulating equipment. Ample voting equipment shall be provided for early voting and in each of the various precincts on Election Day. The central counting station is established as the Brazos Center, 3232 Briarcrest Drive, Bryan, Texas. SECTION 8. The Brazos County Elections Administrator will appoint the Early Voting Ballot Board, a Presiding Judge of the Central Counting Station, a Tabulation Supervisor of the Central Counting Station, and a Central Counting Station Manager. SECTION 9. The election will be held in accordance with the provisions of the Charter and Ordinances of the City of College Station and the laws of the State of Texas. SECTION 10. Notice of the elections, including Spanish translations thereof, will be published at least once in a newspaper published in College Station on or after October 5, 2020, and on or before October 16, 2020, and will be posted on the bulletin board at City Hall on or before October 5, 2020. Page 18 of 198 SECTION 11. A writ of election as required by the Texas Election Code will be delivered on or before October ___, 2020, by the Brazos County Elections Administrator to the presiding and alternate judges of each election precinct in which the election is ordered to be held. SECTION 12. Testing of the automatic tabulating equipment will be performed and notice thereof will be given in accordance with Subchapter D of Chapter 127 of the Texas Election Code. SECTION 13. If any portion of this Ordinance is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect. SECTION 14. That this Ordinance shall be effective immediately upon adoption. APPROVED AND ADOPTED by the City Council of the City of College Station this 23rd day of July, 2020. CITY OF COLLEGE STATION: Karl Mooney, Mayor ATTEST: Tanya Smith, City Secretary APPROVED AS TO FORM: City Attorney Page 19 of 198 ORDENANZA NO. ______________ UNA ORDENANZA AUTORIZANDO ELECCIONES GENERALES Y ESPECIALES DE SEGUNDA VUELTA A CELEBRARSE EL 3 DE NOVIEMBRE DE 2020, CON EL PROPÓSITO DE ELEGIR MIEMBROS DEL CONSEJO DE LA CIUDAD PARA LOS PUESTOS NÚMEROS 1, 3 Y 5, Y CON EL PROPÓSITO DE ELEGIR MIEMBRO DEL CONSEJO DE LA CIUDAD PARA EL PUESTO NÚMERO 4, POR LOS VOTANTES CALIFICADOS DE LA CIUDAD DE COLLEGE STATION; ESTABLECIENDO LOS CENTROS DE VOTACIONES TEMPRANAS Y SITIOS DE VOTACIONES; Y LOS ARREGLOS NECESARIOS PARA DIRIGIR LAS ELECCIONES POR LO TANTO, El CONSEJO DE LA CIUDAD DE COLLEGE STATION DISPONE LO SIGUIENTE: SECCIÓN 1. Se ordenan elecciones generales y especiales de segunda vuelta a celebrarse para la Ciudad de College Station (la “Ciudad”) en los diferentes centros de votaciones y distritos electorales dentro de los límites corporativos de la Ciudad, como se designa en este documento, el 3 de noviembre de 2020 de las 7:00 a.m. a las 7:00 p.m. Estas elecciones generales y especiales de segunda vuelta de la Ciudad se celebrarán conjuntamente con el Condado de Brazos, y serán administradas para la Ciudad por el Administrador de Elecciones del Condado de Brazos; pero estas elecciones generales y especiales de segunda vuelta no serán elecciones para todo el condado. En estas elecciones, los votantes calificados de la Ciudad elegirán Miembro del Consejo de la Ciudad para el Puesto número 1, con un término de dos años; Miembro del Consejo para los Puestos números 3 y 5, con términos de cuatro años; y con el propósito de elegir a un Miembro del Consejo Puesto número 4, en elecciones especiales de segunda vuelta, por los votantes calificados de la Ciudad de College Station, entre los dos candidatos que recibieron los números más altos de votos emitidos. SECCIÓN 2. Si algún candidato en las elecciones generales para Miembros del Consejo Puestos números 1,3 y 5 no recibiese una mayoría de votos, entonces en esa ocasión se ordenarán elecciones de segunda vuelta para dicho puesto en las elecciones generales en las cuales nadie fue elegido por mayoría de votos emitidos como se requiere en la Sección 17 (d) de los Estatutos de la Ciudad, según la enmienda. En caso fuese necesario realizar elecciones de segunda vuelta, éstas se celebrarán el martes 8 de diciembre de 2020. El escrutinio de los votos de las elecciones de segunda vuelta, si fuese necesario, no se podrán realizar antes del 8o día ni pasarse del 11o día después de la fecha de las elecciones de segunda vuelta o en el siguiente día laboral si el 11o día cae en sábado, domingo o feriado oficial del estado. SECCIÓN 3. Los Centros de Votaciones (sitios de votaciones) para College Station para estas elecciones serán las siguientes: Centros de Votaciones Centros de Votaciones Arena Hall [Salón Arena] 2906 Tabor Road Bryan, Texas Church of the Nazarene [Iglesia del Nazareno] 2122 E William J Bryan Pkwy Bryan, Texas Lincoln Center [Centro Lincoln] 1000 Eleanor College Station, Texas Castle Heights Baptist Church [Iglesia Bautista Castle Heights] 4504 E. Hwy 21 Bryan, Texas Page 20 of 198 Rudder Exhibit Hall - Texas A&M Campus [Rudder Sala de Exposiciones – Texas A&M Campus] 401 Joe Routt Blvd. College Station, Texas First Baptist Church – Bryan [Iglesia Bautista First Baptist en Bryan] 3100 Cambridge Drive Bryan, Texas College Station ISD Administration Building [Edificio Administrativo del Distrito Escolar Independiente de College Station] 1812 Welsh College Station, Texas Living Hope Baptist Church [Iglesia Bautista Living Hope] 4170 Texas 6 Frontage Rd College Station, Texas Parkway Baptist Church [Iglesia Bautista Parkway] 1501 Southwest Parkway College Station, Texas Beacon Baptist Church [Iglesia Bautista Beacon] 2001 East Villa Maria Road Bryan, Texas College Station City Hall [Municipalidad de College Station] 1101 Texas Avenue College Station, Texas A&M Church of Christ – Commons/Refinery [Iglesia de Cristo de A&M – Comunes/ Refinería] 2475 Earl Rudder Fwy S. College Station, Texas Wellborn Community Center [Centro Comunitario de Wellborn] 4119 W. Greens Prairie Road College Station, Texas Fellowship Freewill Baptist Church [Iglesia Bautista Fellowship Freewill] 1228 W. Villa Maria Road Bryan, Texas Zion Church of Kurten [Iglesia Zion en Kurten] 977 N. FM 2038 Kurten, Texas College Station Utilities Meeting & Training Facility [Edificio de Conferencias y Capacitación de la Empresa Eléctrica de College Station] 1603 Graham Road College Station, Texas Millican Community Center [Centro Comunitario de Millican] 22284 Pierce Street Millican, Texas Christ United Methodist Church [Iglesia Metodista Unida de Cristo] 4201 State Hwy 6 College Station, Texas Brazos County Administration Building (Sanctuary) [Edificio Administrativo del Condado de Brazos (Santuario)] 200 S Texas Avenue Bryan, Texas Galilee Baptist Church [Iglesia Bautista Galilee] 804 N. Logan Bryan, Texas Bryan Ballroom [Salón de baile de Bryan] 703 Palasota Dr. Bryan, Texas College Heights Assembly of God [Iglesia Asamblea de Dios College Heights] 4100 Old College Rd. Bryan, Texas GW Williams Tabernacle [Tabernáculo GW Williams] 311 Waco St. Bryan, Texas Brazos Center [Centro de Brazos] 3232 Briarcrest Drive Bryan, Texas Texas A&M College of Medicine [Texas A&M Colegio de Medicina] 8447 Riverside Parkway Bryan, Texas Page 21 of 198 SECCIÓN 4. Las elecciones tempranas conjuntas se realizarán en persona y por correo. El período para las votaciones tempranas en persona para las elecciones generales y especiales de segunda vuelta será del 19 al 30 de octubre de 2020. Las boletas electorales de escaneo óptico serán utilizadas para las votaciones tempranas por correo y las máquinas electrónicas de registro directo serán utilizadas para las votaciones tempranas en persona. El Oficial de las Votaciones Tempranas para dichas elecciones será el Administrador de Elecciones del Condado de Brazos. Ella determinará el número de personas a contratar y hará los arreglos necesarios para la capacitación de todas las personas contratadas para trabajar en las elecciones. Las votaciones tempranas realizadas en persona para las elecciones generales y especiales de segunda vuelta serán dirigidas conjuntamente en los centros de votaciones y en las fechas y horarios señalados por el Administrador de Elecciones del Condado de Brazos. Se detalla como sigue: Centros de Votaciones: Brazos County Administration Building (Sanctuary) – 200 S Texas Avenue, Bryan, Texas. [Edificio Administrativo del Condado de Brazos (Santuario)] Arena Hall – 2906 Tabor Road, Bryan, Texas [Salón Arena] Galilee Baptist Church – 804 N. Logan, Bryan, Texas [Iglesia Bautista Galilee] College Station Utilities Meeting & Training Facility – 1603 Graham Road, College Station, Texas [Edificio de Conferencias y Capacitación de la Empresa Eléctrica de College Station] Memorial Student Center – Room 526, Texas A&M University, Joe Routt Blvd., College Station, Texas [Centro Conmemorativo Estudiantil, (MSC, por sus siglas en el idioma inglés, Salón 526, Universidad de Texas A&M] Fechas y Horarios: Del 19 al 23 de octubre 8:00 am – 5:00 pm (de lunes a viernes) El 24 de octubre 7:00 am – 7:00 pm (sábado) El 25 de octubre 10:00 am – 3:00 pm (domingo) Del 26 al 30 de octubre 7:00 am – 7:00 pm (de lunes a viernes) SECCIÓN 5. Las Elecciones Tempranas por correo serán dirigidas de acuerdo con las provisiones aplicables del Código de Elecciones de Texas. La dirección siguiente: 300 East Wm. J. Bryan Pkwy, Suite 100, Bryan, Texas 77803, será la dirección de correo del oficial de elecciones tempranas a donde se podrán enviar las solicitudes y las boletas con votos emitidos por correo para la Ciudad. SECCIÓN 6. Todos los votos anticipados y otros votos se procesarán de acuerdo con los procedimientos de las votaciones tempranas conforme al Código de Elecciones de Texas y serán entregados a la Junta de Boleta de Votaciones Tempranas en la oficina del Administrador de Elecciones del Condado de Brazos. Los votos anticipados serán contados en la estación central de conteo. La Junta de Boleta de Votaciones Tempranas desempeñará su cargo de acuerdo con las Page 22 of 198 provisiones aplicables del Código de Elecciones. SECCIÓN 7. Un Sistema Directo de Registro Electrónico (“DRE, por sus siglas en el idioma inglés”), como se define el término en el Código de Elecciones de Texas, será utilizado en conexión con estas elecciones. Este sistema será utilizado para todas las votaciones tempranas, así como también para todas las votaciones realizadas en los distritos el Día de las Elecciones. El Administrador de Elecciones del Condado de Brazos nombrará a un programador para preparar un programa para el equipo de tabulación automático. Se proporcionará suficiente equipo para votar en las votaciones tempranas, así como también en cada uno de los diferentes distritos electorales el Día de las Elecciones. La estación central de conteo se establecerá en el Brazos Center [Centro Brazos], 3232 Briarcrest Drive, Bryan, Texas. SECCIÓN 8. El Administrador de Elecciones del Condado de Brazos nombrará a la Junta de Boleta de Votaciones Tempranas, a un Juez que presida en la Estación Central de Conteo, a un Supervisor de Tabulación de la Estación Central de Conteo y a un Gerente de la Estación Central de Conteo SECCIÓN 9. Las elecciones se celebrarán de acuerdo con las provisiones de los Estatutos y Ordenanzas de la Ciudad de College Station y con las leyes del Estado de Texas. SECCIÓN 10. La Notificación de las Elecciones, incluyendo la respetiva traducción al idioma español, se publicará por lo menos una vez en un periódico publicado en College Station el día 5 de octubre de 2020 o después de esa fecha; y el día 16 de octubre de 2020 o antes de esa fecha. Además, se colocará en el tablero de avisos de la Municipalidad el día 5 de octubre de 2020 o antes de esa fecha. SECCIÓN 11. Una orden de elecciones, requerida por el Código de Elecciones de Texas, será entregada el día ___ de octubre de 2020 o antes de esa fecha, por el Administrador de Elecciones del Condado de Brazos al juez que preside y a los jueces alternos de cada distrito electoral en el cual se dispone celebrar elecciones. SECCIÓN 12. Se harán las respectivas pruebas del equipo de tabulación automático y los resultados de dichas pruebas se entregarán y se harán saber de acuerdo con el Subcapítulo D del Capítulo 127 del Código de Elecciones de Texas. SECCIÓN 13. Si alguna parte de esta Ordenanza se considera inválida por una corte de jurisdicción competente, las provisiones restantes de esta Ordenanza permanecerán en plena vigencia y en efecto. SECCIÓN 14. Que esta ordenanza entrará en efecto inmediatamente después de ser adoptada. APROBADA Y ADOPTADA por el Consejo de la Ciudad de College Station el vigésimo tercer (23) día del mes de julio de 2020. CIUDAD DE COLLEGE STATION: Karl Mooney, Alcalde Page 23 of 198 DOY FE: Tanya Smith, Secretaria de la Ciudad APROBADA EN CUANTO A FORMA: Abogado de la Ciudad Page 24 of 198 July 23, 2020 Item No. 3.3. ILA with Brazos County for Election Services (Acuerdo Interlocal con el Condado de Brazos para los Servicios de Elecciones) Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General and Special Runoff Election that will be held on Tuesday, November 3, 2020. (Presentación, discusión, y possible acción acerca de una resolución que apruebe un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo y administrar las Elecciones Generales y Especiales de la Ciudad de College Station y para aprobar la Notificación de Elecciones Generales que se celebrarán el martes 3 de noviembre de 2020.) Relationship to Strategic Goals: Good Governance (Buen gobierno) Recommendation(s): (Recomendación): Approve as presented to the City Council. (Aprobar en cuanto sea presentado ante el Consejo de la Ciudad.) Summary: (Resumen): A General and Special Runoff Election will be held on November 3, 2020 for the purpose of electing a City Council Member Place 1, a City Council Member Place 3, and a City Council Member Place 5, and for the purpose of electing City Councilmember Place 4. (Se celebrarán Elecciones Generales el 3 de noviembre de 2020 con el propósito de elegir miembros del consejo de la ciudad para los puestos números 1, 3 y 5, y con el propósito de elegir miembro del consejo de la ciudad para el puesto número 4.) Budget & Financial Summary: (Presupuesto y Resumen Financiero): The Election Administrator provided a conservative estimate of $90,000 for this year’s election. The cost will be split among the entities on the ballot. This does not include the cost to publish the Notice of Election. The Notice must be published in English and Spanish and must appear in The Eagle and La Voz. (El Administrador Electoral proporcionó una estimación conservadora de $90,000 para las elecciones de este año. El costo se dividirá entre las entidades indicadas en la boleta de votación. Este cálculo no incluye el costo de publicar la Notificación de las Elecciones. La Notificación deberá ser publicada en inglés y en español y deberá aparecer en los periódicos The Eagle y La Voz.) Reviewed & Approved by Legal: No Attachments: 1.ILA with Brazos County Page 25 of 198 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 20300508 CS1001 ILA for November 2020 Election Services Brazos County Elections Administrator 90000.00 n N/A N/A 7/23/2020 N/A N/A N/A N/A N/A 6/16/2020 6/16/2020 Page 26 of 198 INTERLOCAL GOVERNMENT AGREEMENT Joint Election This agreement is made this 23rd day of July, 2020, by and between Brazos County (“the County”) and the City of College Station (“the City”). WHEREAS, Brazos County will conduct general and special runoff elections on Tuesday, November 3, 2020; and WHEREAS, the City of College Station will call for the general and special runoff municipal elections to be held within the city limits of College Station, Texas, on November 3, 2020; and WHEREAS, Brazos County and the City of College Station will hold elections on the same day; and WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective and convenient for the voters of the entities; NOW, THEREFORE, IT IS AGREED that a joint election will be held by the County and the City under the following terms and conditions, and the parties hereto agree with said conditions: 1. That there shall be one ballot that contains all appropriate races and propositions available for qualified voters of the two entities. 2. That there shall be one set of voting equipment to be used at the common polling places. 3. That election forms be used and records be maintained in a manner convenient and adequate to record and report the results of the election for the County and the City. 4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by the two entities. 5. That each entity shall be responsible for the preparation, publication and Spanish translations of its own Notice of Election and Order of Election. 6. That the implementation, conduct and management of said election shall be by the Brazos County Elections Administrator. The Brazos County Elections Administrator is hereby designated as the Chief Election Official and Early Voting Clerk for the two entities for the elections to be held on November 3, 2020. The implementation, conduct and management of the election shall include, but not be limited to: A. The securing of qualified individuals to serve as election judges for each polling place. B. The securing of locations and facilities where the election is to be conducted. Page 27 of 198 C. The securing of the election materials and supplies requisite to the proper administration of the election, and the programming and preparation of DRE voting equipment to be used in the election. D. The securing of a contract with an independent, qualified contractor for election services and supplies. E. The Brazos County Elections Administrator will be responsible for the conduct of joint early voting by personal appearance and by mail, with the City Secretary serving as Joint Early Voting Clerk. 7. The amount to be paid by the City to the County for services rendered by the County in the November 3, 2020, election is: A. Brazos County will first fund all costs in full, other than the publication of each entity’s Notice of Election. B. The City of College Station will reimburse the County for certain costs as follows: 1. One-seventh (1/7) the cost for payment of the early voting election workers. 2. One-seventh (1/7) the cost paid to an independent, qualified contractor for election services and supplies. 3. Each entity shall fund one-seventh (1/7) the expenses of the election day polling places at vote centers as approved by the Secretary of State’s Office. 4. One-seventh (1/7) of the cost of publication for all jointly required notices. 5. The cost of rental of two (2) DRE voting equipment used in the precinct in which the City has items appearing on the ballot for that precinct. 6. One-seventh (1/7) the cost of the Early Ballot Board, Central Counting Station, the tabulation supervisor and data processing manager. 7. Administrative fee of 10% for the City’s portion of expenses as allowed in the Texas Election Code. 8. Should any of the five governmental entities that hold elections on the uniform election date (Brazos County, City of Bryan, City of College Station, Bryan ISD, College Station ISD, ESD#1 or ESD#2) cancel all or part of their elections, then the distribution of expenses above shall be prorated accordingly. 9. The financial obligations of the parties under this agreement are payable from current revenues of the respective parties. 10. That the undersigned are the duly authorized representatives of the parties’ governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. Page 28 of 198 APPROVED AND AGREED this 23rd day of July, 2020. BRAZOS COUNTY _________________________________________ Trudy Hancock, Elections Administrator CITY OF COLLEGE STATION ______________________________________ ______________________________________ Mayor City Attorney Attest: ______________________________________ City Secretary Page 29 of 198 ACUERDO DE GOBIERNO INTERLOCAL Elecciones Conjuntas El presente acuerdo se realiza el vigésimo tercer (23) día de julio de 2020, por y entre el Condado de Brazos (“el Condado”) y la Ciudad de College Station (“la Ciudad”). CONSIDERANDO que el Condado de Brazos convocará elecciones generales y especiales de segunda vuelta el martes 3 de noviembre de 2020; y CONSIDERANDO que la Ciudad de College Station convocará elecciones municipales generales y especiales de segunda vuelta que se celebrarán dentro de los límites de la ciudad de College Station, Texas, el 3 de noviembre de 2020; y CONSIDERANDO que el Condado de Brazos y la Ciudad de College Station celebrarán elecciones el mismo día, y CONSIDERANDO que las partes de este acuerdo desean que se celebren elecciones conjuntas que sean costo-efectivas y convenientes para los votantes de estas entidades; AHORA, POR LO TANTO, SE ACUERDA que se celebrarán elecciones conjuntas por el Condado y la Ciudad bajo los siguientes términos y condiciones y que las partes aquí presentes están de acuerdo con dichas condiciones: 1. Que habrá una boleta que contenga todas las nominaciones apropiadas y las propuestas disponibles para los votantes calificados de las dos entidades. 2. Que habrá un juego de equipo de votaciones para ser utilizado en los sitios de votaciones comunes. 3. Que los formularios utilizados y los registros se mantengan de manera conveniente y adecuada para anotar y reportar los resultados de las elecciones para el Condado y para la Ciudad. 4. Que la tabulación conjunta de los resultados del distrito electoral se hará de manera que facilite el escrutinio independiente de los votos emitidos para las dos entidades. 5. Que cada entidad será responsable de la preparación, publicación y traducción al idioma español de sus propios documentos denominados Notificación de Elecciones y Orden de Elecciones. 6. Que la implementación, realización y manejo de dichas elecciones será dirigida por el Administrador de Elecciones del Condado de Brazos. El Administrador de Elecciones del Condado de Brazos es nombrado, por el presente acuerdo, como el Oficial Encargado de las Elecciones y el Oficial de las Elecciones Tempranas para las dos entidades, para las elecciones a celebrarse el 3 de noviembre de 2020. La implementación, realización y manejo de las elecciones incluirá, pero no se limitará a lo siguiente: A. Conseguir individuos calificados para servir como jueces de las elecciones para cada centro de votaciones. Page 30 of 198 B. Conseguir los lugares y las instalaciones donde se realizarán las elecciones. C. Conseguir los materiales para las elecciones y demás materiales requeridos para administrar apropiadamente las elecciones; y la programación y preparación del equipo de votaciones DRE a ser utilizado en las elecciones. D. Conseguir un contrato con un contratista independiente y calificado para los servicios y materiales necesarios para las elecciones. E. El Administrador de Elecciones del Condado de Brazos será el responsable de dirigir las votaciones tempranas en persona y por correo, en donde la Secretaria de la Ciudad servirá como Funcionaria de Votaciones Tempranas Conjuntas. 7. La cantidad que la Ciudad le deberá pagar al Condado por servicios ofrecidos por el Condado en las elecciones del 3 de noviembre de 2020 se menciona a continuación: A. El Condado de Brazos primero pondrá todos los fondos para cubrir los gastos menos la publicación de la Notificación de Elecciones que deberá hacer cada entidad. B. La Ciudad de College Station le reembolsará al Condado ciertos costos como se detallan a continuación: 1. Un séptimo (1/7) del costo del pago a los empleados de las elecciones tempranas. 2. Un séptimo (1/7) del costo pagado al contratista independiente y calificado por materiales y servicios prestados para las elecciones. 3. Cada entidad proporcionará un séptimo (1/7) de los fondos para los gastos de los centros de votaciones el día de las elecciones, aprobado previamente por la Oficina de la Secretaría de Estado. 4. Un séptimo (1/7) del costo de publicación de todas las notificaciones conjuntas necesarias. 5. El costo de alquiler de dos (2) equipos para votaciones DRE utilizados en los distritos electorales en donde la Ciudad tiene secciones que aparecen en la boleta para ese distrito. 6. Un séptimo (1/7) del costo del pago remunerado de la Junta de Boleta de Elecciones Tempranas, de la Estación Central de Conteo, del supervisor de tabulación y del gerente de procesamiento de datos. 7. La cuota administrativa del 10% de los gastos pertenecientes a la porción de la Ciudad, como lo permite el Código de Elecciones de Texas. 8. Si alguna de las cinco entidades gubernamentales que celebra elecciones en la fecha de elecciones uniforme (Condado de Brazos, Ciudad de Bryan, Ciudad de College Station, Distrito Escolar Independiente de Bryan, Distrito Escolar Independiente de College Station, ESD#1 o ESD#2) cancela todas o partes de sus elecciones, entonces la distribución de los gastos mencionados anteriormente se prorrateará como corresponde. Page 31 of 198 9. Las obligaciones financieras de las partes bajo este acuerdo se pagarán de los ingresos actuales de las partes respectivas. 10. Que los individuos que suscriben a continuación son representantes debidamente autorizados de los consejos administrativos correspondientes, y que sus firmas representan la adopción y aceptación de los términos y condiciones de este acuerdo. APROBADO Y ACORDADO este vigésimo tercer (23) día del mes de julio de 2020. CONDADO DE BRAZOS _________________________________________ Trudy Hancock, Administradora de las Elecciones CIUDAD DE COLLEGE STATION ______________________________________ ______________________________________ Alcalde Abogado de la Ciudad Doy fe: ______________________________________ Secretaria de la Ciudad Page 32 of 198 July 23, 2020 Item No. 3.4. Second renewal of an annual contract for Professional Auditing Services with BKD, LLP Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:Audit Committee Agenda Caption:Presentation, discussion, and possible action to approve the second renewal of an annual contract for Professional Auditing Services with BKD, LLP for an amount not to exceed $95,000. Relationship to Strategic Goals: 1. Good Governance 2. Financial Sustainability 3. Sustainable City Recommendation(s): Staff respectfully recommends approving the second renewal of the annual contract with BKD, LLP for Professional Auditing Services. Summary: June 2018, staff solicited proposals for professional auditing services for the fiscal year ending September 30, 2018 with the option of renewing the contract annually for up to four (4) additional years. Upon completion of the evaluation, interview and scoring processes, the Audit Committee recommended BKD, LLP for award of contract which was approved by City Council on August 9, 2018. The audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards and the Uniform Guidance. This renewal includes an amendment to add language to the Engagement Letter (Contract – Exhibit A) to address Engagement Fees for services performed directly associated with the COVID-19 emergency health crisis. Budget & Financial Summary: Funds are available and budgeted in the General Fund and in the Community Development budget. Reviewed & Approved by Legal: No Attachments: 1.18300669R2 AMD1 Page 33 of 198 RENEWAL NO. 2 AND LETTER AMENDMENT NO. 1 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract No. 18300669 for Professional Auditing Services for an amount not to exceed Ninety-Two Thousand Five Hundred and No/100 Dollars ($92,500.00). I understand this renewal term will be for the period beginning August 10, 2020 through August 9, 2021 and that this is the second of four (4) renewal options available. Both the City and BKD, LLP mutually agree that the Engagement Fees contained in the Contract be amended to include the following: Fees do not consider additional efforts related to the SARS-CoV-2 virus and the incidence of the COVID-19 environment and the impact of accounting and auditing issues such as other-than-temporary impairment of investments, collectability of receivables, inventory valuation, compliance with debt agreements, modification of lease terms, etc. Such efforts will be discussed with the City in advance and amounts will be billed based on time expended and with an agreed upon not-to- exceed amount if requested by the City. Further, fees do not include services related to Single Audits or compliance audits for the Coronavirus Aid, Relief, and Economic Security Act or other COVID-19 related funding programs. If these funding programs will be subject to Single Audit requirements or other compliance audits, BKD, LLP will issue an engagement letter addendum for those services. Both the city and BKD, LLP mutually agree that Section 9.08 (b) of the Contract be amended to read in its entirety as follows: (b) Minimum of $5,000,000 per claim and $10,000,000 aggregate, with a maximum self-insured retention of $3,000,000. Both parties agree that all other terms and conditions as set forth in the Contract remain unchanged. By signature below, the parties indicate their mutual acceptance of this renewal and amendment in accordance with the terms of the Contract. BKD, LLP CITY OF COLLEGE STATION By: By: Printed Name: Interim City Manager Title: Date:________________ Date: APPROVED: By: City Attorney Date:________________ By: Assistant City Manager/CFO Date:________________ Page 34 of 198 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: 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 COMPENSATION AND 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 6/20/2020 (270) 529-1386 4254 (270) 467-1254 20281 BKD, LLP Attn: Scott Henderson 910 E St Louis Street Springfield, MO 65806 22357 20303 A 1,000,000 3580-17-35 9/30/2019 9/30/2020 1,000,000 Per Loc Agg 10Mill C 10,000 1,000,000 2,000,000 Included X Blanket Additional Insured Employee Benefi 1,000,000A 7498-28-67 9/30/2019 9/30/2020 20,000,000A 7980-86-57 9/30/2019 9/30/2020 20,000,000 0 B 33WBBZ4435 9/30/2019 9/30/2020 1,000,000 1,000,000 1,000,000 A Property 3580-17-35 9/30/2019 All Risk Special C Foreign Liability 7351-42-06 9/30/2019 9/30/2020 General Aggregate 2,000,000 The certificate holder, its officials, employees and volunteers are listed as additional insured on a primary and non-contributory basis in regard to General Liability and Auto as required by written contract. A waiver of subrogation applies in favor of the certificate holder to the General Liability, Auto & Workers Comp. as required by written contract and applicable by law. There is no deductible for the General Liability. BKD, LLP’s property coverage is on special form and is replacement cost with a deductible of $5,000. City of College Station Risk Management Department P. O. Box 9960 College Station, TX 77842 BKDLLP0-01 KAJOHNSON Van Meter Insurance Group Houchens Insurance Group 1240 Fairway Street Bowling Green, KY 42103 Cathy McGuffey, ACSR, AINS, CRIS, MLIS cmcguffey@higusa.com Federal Insurance Company Hartford Accident and Indemnity Company Great Northern Insurance Company X 9/30/2020 X X X X X X X X X X Page 35 of 198 Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 06/24/2020 BKD, LLP 910 E. St. Louis Street, Suite 400 Springfield, MO 65806 31127 Columbia Casualty Company Professional Liability ABF-128572014 01/01/2020 01/01/2021 $10,000,000 per claim; $10,000,000 annual aggregate $3,000,000 SIR applies per policy terms and conditions. City of College Station, Texas Risk Management PO Box 9960 College Station, TX 77842 A Page 36 of 198 July 23, 2020 Item No. 3.5. CDBG-CV Funding Agreement with CSISD for COVID-19 Family Empowerment Program Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a funding agreement with College Station Independent School District for Community Development Block Grant CARES Act funding for Public Service Agency funding in the amount not to exceed $250,000 for the CSISD COVID-19 Family Empowerment Program. Relationship to Strategic Goals: Financial Sustainability, Core Services and Infrastructure, Neighborhood Integrity Recommendation(s): Staff recommends approval of the CDBG-CV funding agreement with CSISD for the COVID-19 Family Empowerment Program Summary: At the May 14, 2020, City Council meeting, Council approved a substantial amendment to the PY 2019 Annual Action Plan to include and allow for the use of Community Development Block Grant CARES Act (CDBG-CV) funds to assist nonprofit programs assisting residents effected by the COVID-19 pandemic. While preparing the substantial amendment, Community Development staff consulted with College Station Independent School District (CSISD) staff to determine the most pressing needs they were seeing with their families. CSISD staff relayed the extreme needs of their families caused by COVID-19 in the areas of food, medical assistance, transportation, and rent/utility assistance. CSISD will utilize CDBG-CV funds to create the COVID-19 Family Empowerment Program to serve families who are experiencing hardships due to COVID-19. Families will be provided with the tools to achieve success "each life, each day, each hour". The focus will be families whose children are eligible for free- or reduced-lunches, and the program will work to increase family stability in the following areas: 1) Improving Health Outcomes - medical co-pays, prescription costs, vision needs, trolley passes. 2) Increasing Employment Opportunities - providing ID's, certification fees, uniforms, etc. 3) Reducing Mobility - through rent and utility assistance. CDBG-CV funds will be used to fund partial salary for a bilingual case manager, technology expenses, software licensing expense, and funds for client needs to improve family stability. This funding agreement with CSISD will provide $250,000 to fund this program through the 2020-2021 school year. Budget & Financial Summary: CDBG-CV funds are included in the Community Development Budget following the adoption of the Substantial Amendment to the 2019 Annual Action Plan on May 14, 2020. Reviewed & Approved by Legal: No Attachments: None Page 37 of 198 July 23, 2020 Item No. 3.6. FY 2020-2021 Proposed Budget - Set Public Hearing Date Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on calling a Public Hearing on the City of College Station FY 2020-2021 Proposed Budget for Thursday, August 13, 2020 at 6:00 PM in the City Hall Council Chambers or via zoom as published on the agenda. Relationship to Strategic Goals: Financial Sustainability Good Governance Recommendation(s): Staff recommends the City Council call a public hearing on the City of College Station FY 2020-2021 Proposed Budget for Thursday August 13, 2020 at 6:00 PM in the City Hall Council Chambers or via zoom as published on the agenda. Summary: State law says that notice of the public hearing on the budget must be made no less than 10 days prior to the meeting for the public hearing. After the public hearing, the Council may insert or delete items, or may increase or decrease items, so long as the total of any increases or insertions do not increase the total budget by 3% or more. Budget & Financial Summary: The proposed budget will be available for review in the City Secretary's office and on the City website. Reviewed & Approved by Legal: No Attachments: None Page 38 of 198 July 23, 2020 Item No. 3.7. BVWACS Amendment to add Madison County. Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an amendment to the Second Restatement ILA for the Construction, Acquisition, Implementation, Operation and Maintenance of BVWACS and an amendment to the ILA for the Managing Entity by BVCOG for BVWACS both adding Madison County. Relationship to Strategic Goals: Good Governance Core Services and Infrastructure Recommendation(s): Staff recommends approval of the amendment to the Interlocal agreement. Summary: Madison County petitioned for membership into the BVWACS. The petition was accepted and approved by the BVWACS Governing Board. The BVWACS budget for FY21 was accepted and approved with inclusion of Madison County as a member. The ILA amendments are adding Madison County to BVWACS. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.FINAL UNSIGNED - Madison County Amendment V5 2.FINAL UNSIGNED - Managing Entity Agreement Amendment- Madison- v2 Page 39 of 198 First Amendment to Second Restatement Madison County Page 1 of 11 FIRST AMENDMENT TO THE SECOND RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS) § COUNTIES OF BRAZOS, STATE OF TEXAS § WASHINGTON, GRIMES § AND MADISON This First Amendment to the Second Restatement Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS) is entered into this ___ day of _____________ 2020 and is effective as of October 1, 2020. WHEREAS, the Brazos Valley Council of Governments and the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes, and Brazos, and Texas A&M University entered into an interlocal agreement (the “Agreement”) for the construction, acquisition, implementation, operation and maintenance of the Brazos Valley Wide Area Communications System (BVWACS); and WHEREAS, Section 11 of the Agreement provides for the addition of new parties to the BVWACS system; and WHEREAS, Section 6 of the Agreement provides for the amendment of the Agreement; and WHEREAS, Madison County wishes to become a full BVWACS party; and WHEREAS, Madison County agrees to abide by all covenants outlined in the Agreement; and WHEREAS, the existing BVWACS parties wish to amend the Interlocal Agreement to add Madison County as a full BVWACS party; and WHEREAS, the Brazos Valley Council of Governments has arranged to have a six- channel 700MHz RF site equipment rack provided for installation at a tower site, located at 1101 E. Collard Street in Madisonville; and WHEREAS, Madison County has agreed to furnish space on said tower and in the associated equipment shelter, NOW, THEREFORE, the BVWACS parties and Madison County hereby agree as follows: 1.Unless expressly written herein, the terms of this amendment shall follow the terms of the Agreement and will continue until September 30, 2023, as defined in Section 2 of the Agreement. Page 40 of 198 First Amendment to Second Restatement Madison County Page 2 of 11 2. Madison County will fund any and all costs associated with bringing the RF infrastructure into service. This includes, but is not limited to, preparation of the existing tower shelter for proper operation and protection of existing and new equipment based on industry best practices, as well as any grant funding provided by the State of Texas or locally budgeted funds. 3. Madison County understands that costs associated with being a BVWACS Party are calculated every year, based on the number of subscriber devices they have in service on the BVWACS System versus the total Operating, Maintenance, and Capital Fund Budgets. 4. Madison County further understands that, if their initial subscriber count is insufficient to cover the actual maintenance and operation costs of their membership, they will be responsible for payment of a sufficient number of subscriber units to offset those costs. 5. Madison County understands that, once their actual number of subscriber units in-service is sufficient to cover the actual maintenance and operation costs of their membership, they will be billed at their actual subscriber count. 6. Madison County agrees to provide antenna and equipment shelter space at the tower located at 1101 E. Collard Street in Madisonville, as well as prepare the shelter for the installation of new equipment in a manner consistent with industry best practices for the installation and protection of RF equipment at tower sites, including any reconfiguration of existing equipment as may be necessary, working in conjunction with the BVWACS Radio System Manager to determine the best course of action, and Madison County agrees that they will be wholly responsible for any and all lease fees that may be charged by the owner of said tower structure, so long as they remain a BVWACS Party. 7. Madison County will receive subscriber devices, at no cost, from the Brazos Valley Council of Governments, at a quantity to be coordinated between Madison County and the BVWACS Radio System Manager, in an effort to lessen the initial Capital Expenditure burden on Madison County. Madison County agrees that they will receive the subscriber devices only, and Madison County will be financially responsible for any costs associated with purchasing the necessary accessories to put the subscriber devices into service, including any batteries, antennas, microphones, speakers, power cables, installation services, or any other ancillary costs. 8. In accordance with Section 4.B. and 5.B of the Agreement, Madison County shall appoint One (1) official to the BVWACS Governing Board, and One (1) primary representative and One (1) alternate representative to the BVWACS Operating Board. 9. The BVWACS Parties agree that, for testing and verification purposes, RF site infrastructure and subscriber units may become active prior to the effective date of this Amendment. The BVWACS Parties further agree that, should these units become active prior to the effective date of this Amendment, Madison County shall not be billed for this Page 41 of 198 First Amendment to Second Restatement Madison County Page 3 of 11 testing, verification, and usage of the BVWACS System until the effective date of this Amendment. 10.In accordance with Section 22.D. of the Agreement, Notices to Madison County shall be directed to: Madison County Attention: County Judge, with a copy to the County Attorney 103 W. Trinity, Suite 113 Madisonville, TX 77864 Page 42 of 198 First Amendment to Second Restatement Madison County Page 4 of 11 IN WITNESS WHEREOF, this Amendment has been executed and delivered on behalf of the BVWACS Parties by their duly authorized representatives in one or more counterparts, which together shall constitute one agreement. MADISON COUNTY By: __________________________________________ Date: __________________ County Judge A.J. “Tony” Leago Page 43 of 198 First Amendment to Second Restatement Madison County Page 5 of 11 CITY OF BRYAN, TEXAS ATTEST: ________________________________ _______________________________ Andrew Nelson, Mayor Mary Lynne Stratta, City Secretary Date: ___________________________ APPROVED AS TO FORM: __________________________________ Janis K. Hampton, City Attorney Page 44 of 198 First Amendment to Second Restatement Madison County Page 6 of 11 CITY OF COLLEGE STATION By: __________________________________________ Date: __________________ Mayor ATTEST: By: _________________________________________ Date: __________________ City Secretary APPROVED: By: __________________________________________ Date: __________________ City Manager By: __________________________________________ Date: __________________ City Attorney By: __________________________________________ Date: __________________ Assistant City Manager/ CFO Page 45 of 198 First Amendment to Second Restatement Madison County Page 7 of 11 CITY OF BRENHAM By: __________________________________________ Date: __________________ Mayor Milton Tate Page 46 of 198 First Amendment to Second Restatement Madison County Page 8 of 11 BRAZOS COUNTY By: __________________________________________ Date: __________________ Duane Peters, County Judge ATTEST: _________________________________________ Date: __________________ Karen McQueen, County Clerk APPROVED: By: __________________________________________ Date: __________________ Edward C. Bull IV, Assistant County Attorney Page 47 of 198 First Amendment to Second Restatement Madison County Page 9 of 11 WASHINGTON COUNTY By: __________________________________________ Date: __________________ County Judge John Durrenberger Page 48 of 198 First Amendment to Second Restatement Madison County Page 10 of 11 TEXAS A&M UNIVERSITY By: __________________________________________ Date: __________________ Dr. Jerry Strawser Page 49 of 198 First Amendment to Second Restatement Madison County Page 11 of 11 GRIMES COUNTY By: _________________________________ Date:_______________________________ County Judge Joe Fauth Page 50 of 198 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR MANAGING ENTITY BY THE BVCOG FOR THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS) § COUNTIES OF BRAZOS, STATE OF TEXAS § WASHINGTON, GRIMES § AND MADISON This First Amendment to the Interlocal Agreement for Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System (BVWACS) is entered into this ___ day of _____________ 2020 and is effective as of October 1, 2020. WHEREAS, the Brazos Valley Council of Governments and the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes, and Brazos, and Texas A&M University (BVWACS Parties) entered into an interlocal agreement (the “Agreement”) for Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System (BVWACS); and WHEREAS, Article 7 of the Agreement provides for Changes and Amendments of the Agreement; and WHEREAS, Madison County is a new BVWACS party subsequent to execution of the First Amendment to the Second Restatement of the Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS); and WHEREAS, the BVWACS parties wish to amend this Agreement to add Madison County; and WHEREAS, Madison County agrees to abide by all covenants outlined in the Agreement; NOW, THEREFORE, the BVWACS parties hereby amend the Agreement as follows: 1. The Agreement is amended to include the Cities of Bryan, College Station and Brenham, and the Counties of Washington, Grimes, Brazos, and Madison, and Texas A&M University. 2. Article 12 is amended to add the following: County: Madison County Attention: County Judge, with a copy to County Attorney 103 West Trinity, Suite 113 Madisonville, TX 77864 Page 51 of 198 IN WITNESS WHEREOF, this Amendment has been executed and delivered on behalf of the BVWACS Parties by their duly authorized representatives in one or more counterparts, which together shall constitute one agreement. MADISON COUNTY By: __________________________________________ Date: __________________ County Judge A.J. “Tony” Leago Page 52 of 198 CITY OF BRYAN, TEXAS ATTEST: ________________________________ _______________________________ Andrew Nelson, Mayor Mary Lynne Stratta, City Secretary Date: ___________________________ APPROVED AS TO FORM: __________________________________ Janis K. Hampton, City Attorney Page 53 of 198 CITY OF COLLEGE STATION By: __________________________________________ Date: __________________ Mayor ATTEST: By: _________________________________________ Date: __________________ City Secretary APPROVED: By: __________________________________________ Date: __________________ City Manager By: __________________________________________ Date: __________________ City Attorney By: __________________________________________ Date: __________________ Assistant City Manager/ CFO Page 54 of 198 CITY OF BRENHAM By: __________________________________________ Date: __________________ Mayor Milton Tate Page 55 of 198 BRAZOS COUNTY By: __________________________________________ Date: __________________ Duane Peters, County Judge ATTEST: _________________________________________ Date: __________________ Karen McQueen, County Clerk APPROVED: By: __________________________________________ Date: __________________ Edward C. Bull IV, Assistant County Attorney Page 56 of 198 WASHINGTON COUNTY By: __________________________________________ Date: __________________ County Judge John Durrenberger Page 57 of 198 TEXAS A&M UNIVERSITY By: __________________________________________ Date: __________________ Dr. Jerry Strawser Page 58 of 198 GRIMES COUNTY By: _________________________________ Date:_______________________________ County Judge Joe Fauth Page 59 of 198 BRAZOS VALLEY COUNCIL OF GOVERNMENTS ________________________________ Date:_______________________ Tom Wilkinson, Executive Director Page 60 of 198 July 23, 2020 Item No. 3.8. Amendment to CEO Etc. leasing agreement for the use of City Dark Fiber Optic Cable Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the third amendment to a leasing agreement with CEO Etc. increasing usage of the City’s fiber. Relationship to Strategic Goals: Financial Sustainability Diverse & Growing Economy Recommendation(s): Staff recommends approval. Summary: On March 26, 2015, Council approved an Ordinance permitting the lease of City Fiber Optic Cable Facilities. As one of the companies currently leasing city spare (or dark) fiber, CEO Etc. has requested an amendment to the lease agreement to add the use of additional fibers. Budget & Financial Summary: This lease amendment will have a financial impact on the city. A positive revenue will be obtained from the additional fiber leases. This amendment includes 42.3 additional fiber strand miles at a user licenses fee of $15,157.36 and a prorated maintenance fee of $367.16. The Annual Maintenance fee going forward for 146.26 total fiber strand miles will be increased by $2,202.98, an increase of 40.7%. The leasing agreement is effective through September 25, 2027. Reviewed & Approved by Legal: No Attachments: 1.18300031 AMD#3 CEO ETC. 6-19-20 FINAL (signed) Page 61 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 1 of 7 THIRD AMENDMENT OF THE DARK FIBER LEASE AGREEMENT BETWEEN COLLEGE STATION, TEXAS AND CEO ETC. This Third Amendment (“Amendment”) is made by and between CEO Etc., a Texas corporation (“USER”) and the City of College Station, a Texas Home Rule Municipal Corporation (“PROVIDER”), both jointly referred to as the “Parties”. RECITALS WHEREAS, PROVIDER and USER entered into a Dark Fiber Lease Agreement (“Original Agreement”) with Contract No. 18300031 on September 26, 2017; and WHEREAS, the Original Agreement 18300031 provided for USER lease of 86.4 Fiber Strand Miles in the amount of $43,200; and WHEREAS, the First Amendment dated August 8, 2018 provided for USER lease of 15.12 Fiber Strand Miles in the amount of $6,930.00; and WHEREAS, the Second Amendment dated March 15, 2019 provided for User lease of 2.44 Fiber Strand Miles in the amount of $1,037.00; and WHEREAS, USER has notified the PROVIDER of the desire to lease an additional 42.3 Fiber Strand Miles of Fiber; and WHEREAS, the PROVIDER has agreed to lease the additional 42.3 Fiber Strand Miles; and WHEREAS, the License Payment cost of the additional 42.3 Fiber Strand Miles will be prorated for the time remaining in the original lease, ending on September 25, 2027; and WHEREAS, the additional annual Maintenance Amount charges for the new fibers leased by this Third Amendment for the year 2019-2020 will be prorated to reflect the effective date of this Third Amendment; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth herein, USER and PROVIDER agree to amend the Original Agreement as follows: 1. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 2. Replacing Exhibit A, “Map of Routes Covered by this Lease” with an amended Exhibit A attached to this Amendment. 3. Replacing Exhibit A-1, “Route Segment Listing and Payment Amounts”, with an amended Exhibit A-1 attached to this Amendment. Page 62 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 2 of 7 4.All other terms, conditions, annual calculated Maintenance Amount charges, and pricing remain in full force and effect. IN WITNESS WHEREOF the Parties have caused this Amendment to be executed by their duly authorized representatives. CEO Etc. CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: APPROVED: _______________________________________ City Attorney Date: __________________________ Assistant City Manager / CFO Date: Jason Brinker Integrator 6/22/2020 Page 63 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 3 of 7 EXHIBIT A MAP OF ROUTES COVERED BY THIS LEASE The routes covered by this Lease Agreement, as Amended, are highlighted in green on the below map. Page 64 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 4 of 7 EXHIBIT A-1 ROUTE SEGMENT LISTING AND PAYMENT AMOUNTS Initial Route Segments Established in Original Agreement (18300031) • Two (2) fiber strands on the main city fiber ring as shown in Exhibit A. • Four (4) fiber strands on the Route Segment running from the College Station Utility Service Center (1601 Graham Rd.) to the splice point in the vicinity of William D. Fitch & Lakeway Dr. • Four (4) fiber strands on the Route Segment running from College Station Utility Service Center (1601 Graham Rd.) to the splice point in the vicinity of Greens Prairie Trail & Wellborn Road. Additional Route Segments Added by First Amendment • Four (4) fiber strands from the College Station Utility Service Center (1601 Graham Rd.) to the nearest splice point at Rock Prairie Road W and Holleman Dr S. Additional Route Segments Added by Second Amendment • Four (4) fiber strands from splice point approximately 215’ east on Rock Prairie Road West to nearest splice point at Holleman Drive South and Deacon Drive West. Additional Route Segments Added by Third Amendment (as shown on Exhibit A) • Two (2) fiber strands from splice point in the vicinity of William D. Fitch Pkwy & Lakeway drive to approximately 1,750’ West of Lick Creek Nature Center. • Four (4) fiber strands from the splice point near Holleman Drive South and Deacon Drive West to a splice point approximately 550’ North of Villa Maria and FM 2818. • Two (2) fiber strands from splice point in the vicinity of FM2818/F&B to approximately splice point at corner of Health Science Center Pkwy and S Traditions Dr. • Four (4) fiber strands from Dowling Road Pump Station (DRPS) to a splice point at the intersection of Southwest Pkwy and Wellborn. Total Route Segments Established by both the Initial Agreement, First Amendment, Second Amendment, and Third Amendment (as shown on Exhibit A) • Two (2) fiber strands on the main city fiber ring as shown in Exhibit A. Page 65 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 5 of 7 • Four (4) fiber strands on the Route Segment running from the College Station Utility Service Center (1601 Graham Rd.) to the splice point in the vicinity of William D. Fitch & Lakeway Dr. • Four (4) fiber strands on the Route Segment running from College Station Utility Service Center (1601 Graham Rd.) to the splice point in the vicinity of Greens Prairie Trail & Wellborn Road. • Four (4) fiber strands from the College Station Utility Service Center (1601 Graham Rd.) to the nearest splice point at Rock Prairie Road W and Holleman Dr S. • Four (4) fiber strands from splice point approximately 215’ east on Rock Prairie Road West to nearest splice point at Holleman Drive South and Deacon Drive West. • Two (2) fiber strands from splice point in the vicinity of William D. Fitch Pkwy & Lakeway drive to approximately 1,750’ West of Lick Creek Nature Center. • Four (4) fiber strands from the splice point near Holleman Drive South and Deacon Drive West to a splice point approximately 550’ North of Villa Maria and FM 2818. • Two (2) fiber strands from splice point in the vicinity of FM2818/F&B to approximately splice point at corner of Health Science Center Pkwy and S Traditions Dr. • Four (4) fiber strands from Dowling Road Pump Station (DRPS) to a splice point at the intersection of Southwest Pkwy and Wellborn. Calculation of Initial License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. Fiber Ring Distance 23.0 miles USC – WD Fitch & Lakeway segment 3.1 miles USC - Greens Prairie & Wellborn Rd segment 7.0 miles Total miles 33.1 miles Two (2) fiber strands for Ring, Four (4) fiber strands for USC to WD Fitch & Lakeway segment and four (4) fiber strands for USC to Greens Prairie & Wellborn segment 2 fiber strands x 23.0 miles = 46.0 Fiber Strand Miles 4 fiber strands x 3.1 miles = 12.4 Fiber Strand Miles 4 Fiber strands x 7.0 miles = 28 Fiber Strand Miles 86.4 Fiber Strand Miles x $500.00/Fiber Strand Miles = $43,200.00 User License Payment Amount Page 66 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 6 of 7 Calculation of First Amendment License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. This amount is prorated for the remainder of the lease at $458.33 per Fiber Strand Mile (110 of 120 months remaining). USCE to Rock Prairie Rd West & Holleman 3.78 miles Total miles 3.78 miles Four (4) fiber strands USCE to Rock Prairie Rd West & Holleman – 15.12 fiber strand miles 15.12 Fiber Strand Miles x $458.33/Fiber Strand Mile = $6,930.00 User License Payment Amount for fiber added by First Amendment. Calculation of Second Amendment License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. This amount is prorated for the remainder of the lease at $425 per Fiber Strand Mile (102 of 120 months remaining). Rock Prairie Rd W to Holleman Dr S & Deacon Dr W 0.61 miles Total miles 0.61 miles Four (4) fiber strands Rock Prairie Rd W to Holleman Dr S & Deacon Dr W – 2.44 fiber strand miles 2.44 Fiber Strand Miles x $425/Fiber Strand Mile = $1,037 User License Payment Amount for fiber added by Second Amendment. Calculation of Third Amendment License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. This amount is prorated for the remainder of the lease at $358.33 per Fiber Strand Mile (86 of 120 months remaining). William D. Fitch & Lakeway to Lick Creek Nature Center area 3.65 miles Holleman Dr S & Deacon Dr W to Villa Maria/FM 2818 7.42 miles FM2818/ F&B to HSC Pkwy/S Traditions Dr. 1.16 miles Dowling Road Pump Station to SW Pkwy/Wellborn 0.75 miles Total miles 12.98 miles Two (2) fiber strands WDF Pkwy/Lakeway to Lick Creek Nature Center 7.3 miles Four (4) fiber strands Holleman Dr S/Deacon Dr W to Villa Maria/FM 2818 29.68 miles Page 67 of 198 CEO Contract – Third Amendment Contract No. 18300031 Page 7 of 7 Two (2) fiber strands FM2818/ F&B to HSC Pkwy/S Traditions Dr 2.32 miles Four (4) fiber strands Dowling Road Pump Station to SW Pkwy/Wellborn 3.0 miles 42.3 Fiber Strand Miles x $358.33/Fiber Strand Mile = $15,157.36 User License Payment Amount for fiber added by Third Amendment. Calculation of Maintenance Amount Following the Effective Date for each USER Fiber on a Route Segment, USER will pay an annual maintenance fee per Fiber Mile per year. The annual maintenance will be calculated annually and is based on the personnel cost (payroll and benefits) times the estimated percent of city staff time spent conducting fiber operations and maintenance activities. This amount provides the total staff cost devoted to fiber operations and maintenance activities. This amount is then divided by the total number of fiber strand miles to determine the annual maintenance cost per fiber strand mile. City staff cost devoted to fiber activities (2017-2018) $116,649 Total city fiber optic strand miles 2,240 Maintenance cost per fiber optic strand mile: $116,649/2,240 = $52.08 per fiber strand mile Annual maintenance cost (2019-2020): $52.08/fiber strand mile x 103.96 fiber strand miles leased = $5,414.24 Prorated Maintenance cost for fiber added by Third Amendment (2019-2020): 42.3 fiber strand miles x $52.08 per fiber strand mile x 2/12 (prorated maintenance) = $367.16 The updated Maintenance Amount calculations will be performed for 2020-2021 using the combined total amount of all PROVIDER fiber leased by USER in the Original Agreement, First Amendment, Second Amendment, and Third Amendment as modified, which currently adds up to a total of 146.26 fiber strand miles. Due Date for License Payment The License Payment shall be paid by USER to PROVIDER as follows: (a) 100% of the License Payment and the Maintenance Amount, as calculated in this Amendment, is due and payable upon execution of the Agreement by the parties. Page 68 of 198 July 23, 2020 Item No. 3.9. Larry J. Ringer Library Interlocal Agreement Renewal with City of Bryan Sponsor:David Schmitz, Director of Parks and Recreation Reviewed By CBC:Parks & Recreation Board Agenda Caption:Presentation, discussion, and possible action regarding the renewal of the Interlocal Agreement with the City of Bryan for Management of the Larry J. Ringer Library. Relationship to Strategic Goals: Neighborhood Integrity; Diverse & Growing Economy Recommendation(s): Staff recommends approval. Bryan City Council did discuss this ILA at their July 14 meeting. Summary: The Interlocal Agreement with the City of Bryan for management of the Larry J. Ringer Library expires October 1, 2020. The renewal Interlocal Agreement will extend that service for another year, with one additional year (auto renewal) for a total of two years. The only changes to the previous ILA address the facility size and term dates. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.ILA BCS Library System Page 69 of 198 1 INTERGOVERNMENTAL CONTRACT BETWEEN BRYAN AND COLLEGE STATION This agreement is entered into by and between the City of College Station (hereinafter referred to as “COLLEGE STATION”) and the City of Bryan (hereinafter referred to as “BRYAN”) and shall be effective on the 1st day of October 2020. RECITALS WHEREAS, BRYAN and COLLEGE STATION are home rule municipalities as defined by the Texas Local Government Code; and WHEREAS, home rule cities are authorized to enter into agreements with one another for the performance of any governmental service, activity or undertaking; and WHEREAS, by voter approval of a referendum on the 25th day of March, 1995, COLLEGE STATION expanded library services and constructed its own library facility, hereinafter referred to as the Larry J. Ringer Library, within its city limits; and WHEREAS, BRYAN has operated a community library since 1903 and has received accreditation by the Texas State Library; and WHEREAS BRYAN has the expertise to manage a library system that is accredited by the Texas State Library; and WHEREAS, BRYAN and COLLEGE STATION previously partnered together by mutual agreement for a combined Library System which has included libraries located in both municipalities; and WHEREAS, BRYAN and COLLEGE STATION desire to continue such a shared program, as being in the best interests of providing a cost effective service to their shared communities. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the entities agree as follows: ARTICLE I. PREMISES 1.01 COLLEGE STATION shall lease, own or otherwise provide premises to BRYAN suitable for use as a library. Currently these premises are located at 1818 Harvey Mitchell Pkwy. S., College Station, TX 77845 and shall sometimes herein be referred to as the Premises or the Larry J. Ringer Library. The Premises shall, at a minimum, include 26,355 square feet of heated/air conditioned floor space. Said Premises shall be located within the city limits of COLLEGE STATION as provided by the terms of this Agreement. 1.02 In the event that COLLEGE STATION requires the relocation or expansion of the Premises, COLLEGE STATION shall pay the cost of same. 1.03 Except as may be expressly set forth herein, COLLEGE STATION shall be responsible Page 70 of 198 2 for maintenance, repairs, and expansion of the grounds and the structures on the Premises. 1.04 BRYAN shall be responsible for the routine janitorial service of the interior of the Larry J. Ringer Library building and any other buildings over which it has control. 1.05 BRYAN shall promptly notify COLLEGE STATION in the event any grounds or structural defect or flaw is discovered on the premises. ARTICLE II. MANAGEMENT AND STAFFING 2.01 BRYAN shall be responsible for providing College Station Library Services. COLLEGE STATION shall pay for these services as set forth in this Agreement, including Exhibits “A” and “B”, which are attached hereto and incorporated by reference herein. 2.02 A Library System Director shall be engaged by BRYAN whose responsibilities include overseeing the provision of College Station Library Services. All employees, contractors, agents, and volunteers engaged in providing College Station Library Services on the Premises or elsewhere shall be considered those of BRYAN, and such people shall provide services under the supervision and direction of the Library System Director. 2.03 Upon termination of this Agreement, BRYAN’s employees in good standing located at the Larry J. Ringer Library may elect to apply for employment with BRYAN, if positions are available. In any event, the said employees may apply for employment as library employees with COLLEGE STATION. Upon transfer of employment to COLLEGE STATION, COLLEGE STATION shall provide to its library employees the same benefits as provided to other COLLEGE STATION employees. COLLEGE STATION shall waive any waiting period for any and all benefits, unless otherwise required by law. ARTICLE III. BOOKS AND OTHER MATERIALS 3.01 BRYAN shall be responsible for the purchase of materials for the Larry J. Ringer Library after conferring with the COLLEGE STATION City Manager or his designee. The COLLEGE STATION Parks Director shall review and approve the Library System Director’s recommended selection of Larry J. Ringer library materials. The Library System Director may be given access to one or more College Station library funds as COLLEGE STATION may authorize to enable BRYAN to carry out its obligations hereunder. 3.02 All books and other materials related to providing College Station Library Services, including but not restricted to DVDs, audio books and periodicals and any other physical and electronic assets purchased with the Larry J. Ringer Library budgeted funds shall belong to and remain the property of COLLEGE STATION. BRYAN shall account for all materials that are the property of COLLEGE STATION. For purposes of this Agreement, “materials” means books and other materials recited above as well as any and all online subscriptions and electronically available data bases, the Internet, intranet and similar services made available to patrons of the Larry J. Ringer Library. 3.03 BRYAN shall exercise the same degree of care in the keeping, preservation, and maintenance Page 71 of 198 3 of materials and other physical assets on the Premises as it exercises in the keeping, maintenance, and preservation of its own public library property. 3.04 BRYAN shall ensure that The Larry J. Ringer Library will maintain a materials collection that is typical for a library of its size serving a family and college-oriented community like COLLEGE STATION for use by the general public. ARTICLE IV. PROGRAMS AND OTHER SERVICES 4.01 BRYAN agrees to provide College Station Library Services as set forth in this Agreement. This includes providing, managing and paying personnel necessary to operate the Larry J. Ringer Library; maintaining regular hours of business; purchasing materials and electronic subscriptions or rights of access to various data bases for the library, managing the borrowing or accessing of materials; tracking when materials are accessed. checked out, returned, paid for, fines paid and revenue received; operational budgeting; paying invoices associated with library activity; maintaining software related to the provision of library functions; and any and all other library services typical to the overall functioning of the Premises as a public library unless expressly provided for otherwise pursuant to the terms of this Agreement. The term College Station Library Services shall also include a portion of the salaries and benefits for the Library System Director as well as a pro rata share of indirect costs as set forth in Exhibit “B” attached hereto and incorporated herein by reference. 4.02 BRYAN operates one or more libraries outside of the city limits of COLLEGE STATION. Collectively the libraries operated by BRYAN on the Premises and elsewhere throughout the community at large shall be referred to as the Bryan + College Station Library System (the “System”). This includes operation of the Twin City Inter-Library Loan Program under the direction of Library System Director. The Twin City Inter-Library Loan Program is the van delivery service that transfers library materials between the Larry J. Ringer Library and other libraries within the System. This loan program is included in the College Station Library Services to be provided by BRYAN to the Premises and the program costs are shared equally (50/50) among the parties. Program costs shall include vehicle replacement, maintenance, fuel, and staff time and will be reconciled at the end of each fiscal year, as provided in paragraph 7.02 and Exhibit “A”. All City of Bryan employees who drive vehicles for the Twin City Inter-Library Loan Program shall be in compliance with the City of Bryan’s driver safety program as outlined in the City of Bryan Employee Handbook. 4.03 College Station Library Services to be performed by BRYAN include the housing, operation, upgrade and maintenance of the main computer system used by the Bryan + College Station Library System to check in and out items, track book collections, and other collections, etc. BRYAN will perform system back-ups, generate overdue notices and other reports as necessary. Significant upgrades and replacement of the main computer system and any other shared information technology may occur only with mutual agreement of both Cities. 4.04 Except as provided above, COLLEGE STATION shall maintain all hardware and software for the work stations that are in use at the Larry J. Ringer Library; and, notwithstanding any provision in this Agreement to the contrary, those workstations and the hardware and software related thereto remain the property of COLLEGE STATION. 4.05 BRYAN and COLLEGE STATION agree to maintain a secure network tunnel related to Page 72 of 198 4 the Premises use as a public library and provision of College Station Library Services between the two entities for the purpose of maintaining interoperability and carrying out the obligations of each party as set forth in this Agreement. ARTICLE V. HOURS OF OPERATION 5.01 The Bryan + College Station Public Library System shall maintain operating hours as the parties shall mutually agree upon on an annual basis, subject to annual budget appropriations. ARTICLE VI. INSURANCE AND LIABILITY 6.01 COLLEGE STATION shall maintain insurance on the Premises for the Larry J. Ringer Library, including the structures, as well as insurance for personal injury or property damage as it requires for other municipal property. COLLEGE STATION will maintain liability insurance on all vehicles owned by it used to fulfill its obligations hereunder, including property damage and bodily injury. 6.02 BRYAN shall maintain workers compensation coverage for its employees on the Premises and shall carry such other liability insurance coverage for its employees, contractors, volunteers and agents engaged in providing services pursuant to this Agreement as it would for its other libraries within the System. 6.03 The parties agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the terms of this Agreement, as permitted by law. 6.04 The insurance benefits provided by BRYAN to the employees retained under the terms of this Agreement shall be the same as provided to all other BRYAN employees. 6.05 BRYAN shall, to the extent permitted by law, indemnify, and hold COLLEGE STATION harmless from any liability incurred from the hiring, employment or termination of any employee under this Agreement, and its use of any contractor, agent or volunteer in providing College Station Library Services. ARTICLE VII. FINANCIAL 7.01 COLLEGE STATION and BRYAN agree to abide by and share in the development and implementation of a budget for the Premises as set forth herein. The budget shall include at a minimum the cost of College Station Library Services to be performed by BRYAN, the cost of janitorial services, the cost of maintaining and purchasing library materials, building and premises maintenance and operation, and any and all other miscellaneous costs as may be required or desired by COLLEGE STATION related to the upkeep and improvement of the Premises. Said costs shall collectively be referred to as the College Station Library Costs. COLLEGE STATION is responsible for paying the College Station Library Costs as set forth herein. Page 73 of 198 5 7.02 By May 31st of each year, BRYAN shall submit to COLLEGE STATION its projected costs in providing College Station Library Services and janitorial services. The projected costs in providing such services shall be provided by BRYAN to COLLEGE STATION in such reasonable detail as COLLEGE STATION may require. COLLEGE STATION shall prepare a complete budget for the College Station Library Costs which shall include the projected costs of College Station Library Services and janitorial services to be provided by BRYAN. Such budget shall be a part of the COLLEGE STATION general budget and shall include all costs necessary to operate the Premises in a professional manner, including those expenditures associated with operating the library. 7.03 Both parties agree that the proposed budget for College Station Library Services shall be duly approved by the governing body for each. Both parties will advise the other as to the approved annual budget as promptly as possible. It is understood by the parties that the approval of the budget is a legislative function. 7.04 Total Bryan + College Station Library System revenues will be allocated to each City respectively based upon the ratio of the present number of each City’s materials to the total number of materials in the Bryan + College Station Library System. Restricted gift revenue, endowments and other financial resources not generated as revenue from the provision of library services will be excluded from this calculation. At the end of each budget cycle actual expenditures shall be offset by credits pursuant to the formula as set forth in Exhibit “A.” 7.05 At the time the proposed costs for College Station Library Services and janitorial services is submitted by BRYAN as described in this article, the BRYAN City Manager or his representative shall include a cover letter indicating what amounts, if any, remain unspent or unencumbered or how much is still owed for which there is an insufficient budgeted amount from the College Station Library Services and janitorial services line items that were adopted as part of the budget for the College Station Library Costs for the most recently closed fiscal year. Said funds shall be applied as an adjustment to or against the next fiscal year’s College Station Library Services, as the case may be. 7.06 In the event this Agreement is terminated, all unspent or unencumbered funds and all remaining revenue allocations shall be promptly remitted to COLLEGE STATION. 7.07 The computation of the actual amount to be paid by COLLEGE STATION to BRYAN each fiscal year shall be as described in Exhibit “A”. 7.08 No budgetary transfer of funds involving capital accounts shall be made without the approval of the COLLEGE STATION City Manager or his representative. ARTICLE VIII. MANNER OF PAYMENT 8.01 COLLEGE STATION agrees to pay BRYAN as set forth herein. COLLEGE STATION shall pay BRYAN the amount it owes for the current fiscal year pursuant to the terms of this Agreement, including Exhibit “A” and Exhibit “B” for services to be performed by BRYAN in twelve (12) equal monthly installments due on the first day of each month. Page 74 of 198 6 8.02 In addition to the consideration paid herein, COLLEGE STATION shall make available to BRYAN a monetary amount to be determined annually by COLLEGE STATION through the budget appropriation process in consultation with the Library System Director, to be used by BRYAN for the purchase of Larry J. Ringer Library materials. ARTICLE IX. REPORTING AND ACCOUNTING 9.01 Within twenty (20) calendar days of the end of the previous month, BRYAN shall send to the COLLEGE STATION City Manager or his representative a monthly expense budget report and account activity report. 9.02 BRYAN shall promptly submit all invoices relating to expenditures from any COLLEGE STATION purchase orders provided by COLLEGE STATION to BRYAN for the purchase of library materials. 9.03 Promptly after the close of the BRYAN fiscal year, BRYAN shall furnish to COLLEGE STATION, in such reasonable detail as COLLEGE STATION may require, an accounting of the expenditures made and revenues generated hereunder as well as any credits remaining. 9.04 The COLLEGE STATION City Manager or his representative shall conduct an annual review of the Larry J. Ringer Library with the Library System Director in February of each year this Agreement is in effect. The annual review shall include, but is not limited to, library performance measures, library goals, library operation changes, and renewal of this Agreement. Performance measures will be reported quarterly to the COLLEGE STATION City Manager or his representative. ARTICLE X. ADVISORY BOARD 10.01 A Bryan + College Station Library System Advisory Board was established January 1, 1998. The Advisory Board is comprised of eight (8) members serving two year terms with each respective City appointing four (4) members. To provide for continuity within the Advisory Board, the term of two (2) Board members appointed by each City shall expire annually. 10.02 The duties of the Bryan + College Station Library System Advisory Board will be to encourage the development of the Bryan + College Station Library System; recommend to the City Councils of the parties policies and programs for the advancement of the Bryan + College Station Library System; cooperate with all other public and private groups in advancing the best interest of the Bryan + College Station Library System; and render to the City Councils all recommendations it considers advisable regarding the Bryan + College Station Library System. 10.03 Any questions regarding permissible COLLEGE STATION facility or property use by third parties which is unrelated to library usage will be directed to the COLLEGE STATION Legal Department. ARTICLE XI. TERM 11.01 The term of this Amended Agreement shall be for one (1) year, shall automatically Page 75 of 198 7 renew annually for up to one (1) additional year term, and shall be effective from October 1st of each year until September 30th of the following year (annual fiscal year). The Amended Agreement will expire October 1, 2022, unless otherwise renewed. The obligations of the parties to this Agreement are subject to the annual budget appropriation for each City. 11.02 Either party may terminate this Agreement by written notice sent not less than six (6) months prior to the annual expiration date. 11.03 This Agreement is the entire Agreement of the parties and may be changed or amended only by written agreement of both parties. 11.04 In the event of termination of this Agreement, COLLEGE STATION and BRYAN shall return to the other entity any of the other’s personalty, and BRYAN shall reimburse COLLEGE STATION its pro rata share of any prepaid subscriptions or services. Notwithstanding the foregoing, all library materials purchased for the Premises pursuant to this Agreement shall be the property of COLLEGE STATION. (The remainder of this page intentionally left blank.) Page 76 of 198 8 CITY OF COLLEGE STATION BY: Mayor Date ATTEST: City Secretary Date APPROVED: City Manager Date City Attorney Date Mary Ellen Leonard, Chief Financial Officer Date CITY OF BRYAN BY: Mayor Date ATTEST: City Secretary Date APPROVED AS TO FORM: City Attorney Date Page 77 of 198 9 Exhibit “A” Payment Formula: P = CB+I+BV-R-IL P = Total amount COLLEGE STATION will pay BRYAN in upcoming fiscal year. CB = Current fiscal year COLLEGE STATION Library Services and janitorial services for Larry J. Ringer Library to be provided for by BRYAN. I = Estimated BRYAN Indirect Costs for Larry J. Ringer Library in upcoming fiscal year as calculated per Exhibit “B”. BV = Prior fiscal year COLLEGE STATION Library Services variance for Larry J. Ringer Library. R = Prior year Larry J. Ringer Library revenue. IL = Payment due from BRYAN to COLLEGE STATION for 50% of costs associated with the O&M costs for Twin City Inter-Library Loan Program. Page 78 of 198 10 Exhibit “B” INDIRECT COSTS 1.Executive Services 2.Communications & Marketing 3.Internal Audit 4.Finance 5.Budget 6.Purchasing 7.Information Technology 8.Human Resources *COLLEGE STATION’s share of the above indirect costs are based on a study conducted regularly from an independent firm. Page 79 of 198 July 23, 2020 Item No. 3.10. Parkland Expansion Sponsor:David Schmitz, Director of Parks and Recreation Reviewed By CBC:Parks & Recreation Board Agenda Caption:Presentation, discussion, and possible action regarding the conversion of existing greenway property to parkland. The amount of greenway property being considered for conversion is 195.8 acres, all located adjacent to existing parkland. Relationship to Strategic Goals: 1. Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends support and approval for the conversion of the 195.8 acres of greenways to parkland. On June 9, 2020, the Parks & Recreation Advisory Board unanimously passed a motion to approve the properties as park property. On July 9, 2020, the City Council was presented this information. Summary: In proposition 6 of the 1998 Capital Improvements Program, City leaders approved the purchase of a portion of the above-mentioned acreage for greenways. The description within the proposition includes implicit statements regarding the ability of land use for hike and bike trails and passive recreational activities. The Spring Creek section of the greenways was deeded to the City in 2005 with certain conservation restrictions. Through the conversion of this land to parkland, it is protected as parkland, located near adjacent park properties. Budget & Financial Summary: No budgetary or financial implications Reviewed & Approved by Legal: No Attachments: 1.Parkland Expansion Page 80 of 198 Consideration of Expanding Park Land from Greenways Property College Station Parks & Recreation Page 81 of 198 CONSIDERATIONS 1998 Bond Language – Funding Source •Proposition #6 | Drainage mitigation, hike and bike trails, and passive recreational opportunities Conservation Easement & Deed Restriction •Portions of land restricted use Page 82 of 198 CONSIDERATIONS Local Government Code 253.001 (b) •Land owned, held, or claimed as a public square or park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority of the votes received at the election Page 83 of 198 SMITH TRACT •13.6 acres of park land •65.9 acres of greenways Page 84 of 198 ART & MYRA BRIGHT PARK •11.92 acres of park land •58.9 acres of greenways Page 85 of 198 CASTLEROCK •6.04 acres of park land •71 acres of greenways Page 86 of 198 TRAIL SYSTEM Page 87 of 198 POTENTIAL USES •Hike & Bike Trails/Connectivity •Birding Areas & Wildlife Viewing •Monarch & Bee Plantings •Natural Resource Protection •Drainage Mitigation Page 88 of 198 July 23, 2020 Item No. 3.11. Resolution adopting fees, rates and charges as provided by Chapter 2 “Administration,” Article V “Finance,” Division 2 “Fees, Rates and Charges” Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on amending a resolution adopting fees, rates and charges as provided by Chapter 2 “Administration,” Article V “Finance,” Division 2 “Fees, Rates and Charges,” of the Code of Ordinances. Relationship to Strategic Goals: Good Governance Financial Sustainability Recommendation(s): Staff recommends the City Council approve the resolution adopting the Short Term Rental Fee, Rates and Charges for Fiscal Year 2020. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. This resolution updates Chapter 2: Administration, Article V. Finance, Division 2. Fees, Rates and Charges, d. Sec. 2-122. Planning and Development Services Department, iv. Miscellaneous permit fees, is amended by adding: • Short Term Rental inspection fee $100.00 • Short Term Rental permit fee $100.00 • Short Term Rental permit renewal fee $75.00 Budget & Financial Summary: Fees need to be established before the permitting process can begin. Reviewed & Approved by Legal: No Attachments: 1.FY 19-20 Fee Resolution Amend STR Fees Page 89 of 198 RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), AMENDING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES; BY AMENDING FEES, RATES AND CHARGES FOUND IN 09-26-19-2D. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3: That the City Council hereby amends Resolution 09-26-19-2d as stated in in Exhibit A. PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this ___ day of ______, 2020. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 90 of 198 EXHIBIT A That 1. Chapter 2: Administration, Article V. Finance, Division 2. Fees, Rates and Charges, d. Sec. 2-122. Planning and Development Services Department, iv. Miscellaneous permit fees, is amended by adding: 13. Short Term Rental inspection fee $100.00 14. Short Term Rental permit fee $100.00 15. Short Term Rental permit renewal fee $75.00 Page 91 of 198 July 23, 2020 Item No. 3.12. Building Envelope Consulting Services for New City Hall Project Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a contract with Zero/Six Consulting, LLC in the amount of $115,739.90 for building envelope consulting services for the New City Hall Project. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approving. Summary: As part of the New City Hall project, Zero/Six Consulting, LLC will review, observe, report, and test the building envelope. A building envelope is the physical separator between the conditioned and unconditioned space of a building. It is important to properly seal the building envelope to prevent air leaks, water leaks, and control building temperature. Budget & Financial Summary: Budget in the amount of $39,300,000 is included for this project in the General Government Capital Improvement Projects Fund. A total of $29,843,873 has been expended or committed to date, leaving a balance of $9,456,127 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: 1.Zero - Six Contract 20300521 Page 92 of 198 Page 93 of 198 Page 94 of 198 Page 95 of 198 Page 96 of 198 Page 97 of 198 Page 98 of 198 Page 99 of 198 Page 100 of 198 Page 101 of 198 Page 102 of 198 Page 103 of 198 Page 104 of 198 Page 105 of 198 Page 106 of 198 Page 107 of 198 Page 108 of 198 Page 109 of 198 July 23, 2020 Item No. 3.13. Electric Right-of-Way Tree Trimming Services Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding the award of a three year contract (contract no. 20300517; RFP no. 20-048) for Electric Right-of-Way Tree Trimming Services to Asplundh Tree Expert, LLC in the amount of $2,400,874.35. Relationship to Strategic Goals: Core Services and Infrastructure – Maintain and rehabilitate equipment, facilities, and infrastructure on a strategic schedule. Recommendation(s): Staff recommends awarding contract no. 20300517 for Electric System Right- Of-Way Tree Trimming Services to Asplundh Tree Expert, LLC in the amount of $2,400,874.35 for a three year contract. Summary: This contract is for three (3) years for labor and equipment necessary to provide Electric Right-Of–Way Tree Trimming of overhead power lines and the clearing of easements and right of ways for construction of new power lines. The RFP requested firm pricing for three years with each year specifying areas of the electric system to be trimmed. Standard electric utility practices have recommended a three (3) year system trimming cycle. A Request for Proposal (RFP 20-048) was released, and two (2) proposals were received and opened on Thursday, June 11, 2020, at 02:00 pm. The proposals were evaluated and ranked by members of the Electric Staff. Asplundh Tree Expert, LLC had the highest ranking proposal. Budget & Financial Summary: The majority of the tree trimming expenses will be funded out of the Electric Utility’s Departmental Operating Budget. A minor portion will be funded out of the Electric Utility Capital Improvement Projects fund for new power line extensions. Funds will be budgeted for the tree trimming over a three year period. Reviewed & Approved by Legal: No Attachments: 1.Contract is available for review in the City Secretary's Office Page 110 of 198 Contract is available for review in the City Secretary’s office. Page 111 of 198 July 23, 2020 Item No. 3.14. Project Unity COVID-19 Assistance Program Sponsor:David Brower Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the award of Community Development Block Grant - Coronavirus funding to Unity Partners dba Project Unity in the amount of $124,250 for the COVID-19 Assistance Program. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the approved of contract 20300595. Summary: The Corona Aid, Relief, and Economic Security Act (CARES) was signed on March 27, 2020. The Act provided funding to Community Development Block Grant (CDBG) Entitlement Communities to prevent, prepare for, and respond to Coronavirus (CV). The City of College Station received $697,507 in CDBG-CV funding. At the May 14, 2020, City Council meeting, Council approved a substantial amendment to the PY 2019 Annual Action Plan to include and allow for the allocation of CDBG-CV funds to local nonprofit programs assisting College Station individuals and families affected by the CV pandemic. Request from Proposal 20-056 was released on June 1, 2020 and proposals were opened on June 15, 2020. Project Unity is proposing to utilize $124,250 for a COVID-19 Assistance Program to assist College Station residents who have been affected by CV. Funding for their priorities is determined through a needs assessment intake process. Project Unity anticipates assisting approximately 125 College Station individuals and families to address needs including rent, utilities, and food and transportation assistance. Funds will be provided on a reimbursement basis. Project Unity will be required to complete client reports as well as reporting additional information required by the U. S. Department of Housing and Urban Development. Budget & Financial Summary: Funding is available in the FY2020 (PY2019) Community Development Budget. Reviewed & Approved by Legal: No Attachments: 1.20300595 Unity Partners - COVID-19 Assistance Program Page 112 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 CITY OF COLLEGE STATION COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT This Agreement is by and between the CITY OF COLLEGE STATION, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (hereinafter referred to as the "City"), and ______________________________________________________________, a private non-profit agency WHEREAS, the City has the objective of providing services to low-to-moderate income residents of the City through its Community Services Department and outside agency funding; WHEREAS, Agency through its _____________________________________________ ______________________________________________________________________________ WHEREAS, the City desires to assist Agency in providing services to low-to-moderate income individuals through funds provided by the Community Development Block Grant and Urban Developmen (Federal Award Identification ____________________ and Federal Award Date ______________________); and NOW, THEREFORE, FOR AND IN CONSIDERATION of funding in an amount not to exceed __________________________________________ and ____/100 DOLLARS ($___________) to be paid to Agency by the City as set forth herein below, the City and Agency covenant and agree as follows: ARTICLE I STATEMENT OF WORK 1.01 Through its Program, Agency will provide ______________________________________ ______________________________________________________________________________ and other similar services to eligible residents of College Station, Texas. Agency will provide these services to approximately ___________________________________ (____) clients during the Agreement period. Agency shall provide services as specified in the Detailed Statement of Work attached as Exhibit A. Agency shall provide such services utilizing CDBG funds as specified in the Budget attached as Exhibit B. ARTICLE II PAYMENT 2.01 ____________, City shall reimburse Agency, in an amount not to exceed __________________________________________ and ____/100 DOLLARS ($___________), for services or expenditures as referenced in Article I of this Agreement. Unity Partners dba Project Unity COVID-19 Assistance Program CDFA 14.218 5/28/2020 One Hundred Twenty Four Thousand Two Hundred Fifty 00 124,250.00 help individuals and families who have been affected by COVID-19. Funding for their priorities determined in a needs assessment are: rent, utilities, food, and gas cards. One Hundred Twenty Five 125 2019-2020 One Hundred Twenty Four Thousand Two Hundred Fifty 00 124,250.00 Page 113 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 2.02 Other operating expenses eligible under HUD regulations may be considered for reimbursement provided the following: (a) the City receives the Reimbursement Request Form attached as Exhibit D; (b) funds are available; and (c) Payments will be made as a reimbursement for services or expenditures already incurred by Agency. Agency shall submit its application for reimbursement to the City, along with supporting documentation and the City shall reimburse Agency for its services no later than thirty (3 application for reimbursement. 2.03. No funds will be reimbursed until City receives the Reimbursement Request Form along with all required receipts, bills, payroll records, canceled checks and other proofs of expenditures, as determined by City, in its sole discretion. Agency may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount of money needed to pay eligible costs actually incurred, and may not include amounts for prospective or future needs. The final request for reimbursement must be received by City on or before _________________________. After that date, unexpended funds may be reallocated. Unexpended funds will remain in the possession of City. 2.04. This Agreement and the payments made herein, are contingent upon receipt by City of U.S. Department of Housing and Urban Development Community Development Block Grant funds and the City of College Station City Council funding approval. Should funds be unavailable, discontinued or disapproved, this Agreement may be revised or terminated as determined by the HUD or the City, in their sole discretion. 2.05. The City retains the right, in its sole discretion, to recapture and seek full reimbursement from Agency for any funds used for prohibited activities, prohibited purposes, or usages of funds which cause a breach of this Agreement. ARTICLE III TERM 3.01 The term of this Agreement shall be from ____________________ to ____________________, or until funds awarded by the City are completely expended, unless the Agreement is terminated as provided for herein. 3.02 The term of this Agreement may be extended by mutual agreement of the parties, in writing, provided that the City has approved and budgeted sufficient funds from the current budget year to satisfy any additional expenditures that result from such extension. December 31, 2020 July 27, 2020 December 31, 2020 Page 114 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 ARTICLE IV BENEFICIARY POPULATIONS 4.01 Direct services provided through programs supported by CDBG shall target residents of College Station whose annual family income is at or below 80% of the median family income for the College Station Metropolitan Statistical Area as established by the U.S. Department of Housing and Urban Development Income Limits attached as Exhibit E. At a minimum, 51% of the clients served through this program must be determined to be at or below 80% of the median family income and live within the city limits of College Station. At the discretion of the City, an income test lower than the 80% median income for specific projects supported by CDBG funds may be established. ARTICLE V VERIFICATION OF INCOME 5.01 Where information on income by family size is required, verification of income will be pursuant to 24 C.F.R § 5.609 (2016). Agency shall document income verification for low-income beneficiaries receiving assistance through programs supported by CDBG funds and may use the following documents for verification: (a) W-2 Forms. (b) 1040 Forms. (c) Pay check stubs. 5.02 In lieu of the above documents, Agency may substitute: (a) Documentation of client participation in other programs of public assistance including Temporary Assistance for Needy Families Program (TANF), Supplemental Security Income (SSI), Food Stamps, Low-Income Energy Assistance, Title XX General Assistance, Public Housing, Section 8 Rental Assistance, Job Training Partnership Act (JTPA) or similar income tested programs having the income qualification criteria at least as restrictive as that used under the Section 8 low-income limit established by HUD; (b) Evidence that the assisted person is homeless; or (c) A notice that the assisted person is a referral from a state, county or local employment agency or other entity that agrees to refer individuals it determines to be low and moderate- maintain documentation supporting these determinations. 5.03 Recipients of services designed to meet critical emergency needs such as, assistance to abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers do not need to meet an income test. Page 115 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 ARTICLE VI PROGRAM INCOME 6.01 Pursuant to HUD regulation 24 C.F.R. § 570.504 (2012), any program income generated by use of CDBG funds shall be used by Agency to supplement eligible operational expenses. All income not used to supplement operational expenses by the end of the fiscal year, or used for ineligible expenses, shall be forfeited and returned to City within thirty (30) days following the end of the Agreement term. Agency shall maintain records of all program income generated by use of CDBG funds, if any, and shall present said records to City. ARTICLE VII RECORDS AND REPORTS 7.01 Agency shall maintain fiscal records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other mutually agreed upon documentation to verify all expenditures of funds under the terms of this Agreement. Said Said documentation shall conform to revised OMB Circular Title 2, Uniform Administrative Requirements, Cost Principles for Nonprofit Organizations, and Audit Requirements for Federal Awards, which supersedes and combines the requirements of eight existing OMB Circulars (A-21, A-50, A-87, A-89, A-102, A-110, A-122 and A-133). 7.02 Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of four (4) years beginning with the submission of the Consolidated Annual Performance and Evaluation Report for the fiscal year 2018 2019. files shall continue during this period and for as long as the records are retained past the minimum four (4) year period by Agency. 7.03 Agency shall provide the City and HUD representative reasonable access during regular business hours to any financial records, client records, administrative reports, board documentation, files or other papers belonging to or in use by Agency. 7.04 Agency shall submit activity reports to the City along with each reimbursement request. The format of such reports shall, at a minimum, consist of a Narrative Report attached as Exhibit F, and the Client Report attached as Exhibit G. Agency will maintain supporting back-up documentation regarding all reports and make such available to the City upon request. The activity reports and reimbursement requests, including documentation, shall be submitted to the City with each reimbursement request. Failure to provide timely and complete reports may result in forfeiture of funds or termination of this Agreement pursuant to Article VIII herein. 7.05 The City shall conduct a monitoring review of the Program whenever deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement or any HUD regulation. A minimum of one monitoring review will be conducted by the City during the term of this Agreement. Page 116 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 7.06 The City may provide a Close-Out report to the Agency, which will evaluate compliance with the provisions of this funding Agreement and applicable HUD regulations. The Close-Out report will be provided after all reimbursement requests have been submitted by the Agency. 7.07 Agency shall provide a description of the process and evaluation tool to be utilized for the process to the City along with their first reimbursement request. 7.08 The City shall have the option to recommend one appointee for any one vacancy that occurs on the Board of Directors of the Agency during the term of the Agreement. ARTICLE VIII AGREEMENT SUSPENSION/TERMINATION 8.01 The City has the right to terminate this Agreement, in whole or in part, at any time if the City determines that Agency has failed to comply with any part of this Agreement or if funds are unavailable, discontinued or disapproved, as determined by the City or HUD, at their sole discretion. In addition, the City has the right, in its sole discretion, to terminate this Agreement if it determines that the information contained in its application for CDBG funding was materially incorrect, if the City determines that Agency is not delivering the services approved in its application for CDBG funding, if Agency fails to file the reports required under Article VII of this Agreement, or if Agency fails to fulfill any other obligations required under this Agreement. 8.02 The City shall notify Agency, in writing, thirty (30) days prior to the date of termination. The notice shall include the reason for termination and the effective date of termination. 8.03 If this Agreement is terminated for any of the reasons referenced in Section 8.01 hereinabove, excluding funding discontinuance or disapproval, Agency shall have the right to attempt to cure its failure, during the thirty (30) day period prior to termination to the satisfaction of the City The City retains the right to terminate this Agreement, in whole or in part, at any time, for convenience. 8.04 Either party to this Agreement has the right to terminate this Agreement, in whole or in part, upon the mutual written agreement of the parties that the continuation of the activities funded under this Agreement would not produce beneficial results commensurate with the further expenditure of funds. ARTICLE IX REVERSION OF ASSETS 9.01 Upon the expiration of the term of this Agreement, the Agency shall transfer to City any CDBG Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Grant funds. Any real property under Agency's control that was acquired or improved in whole or in part with Grant funds in excess of $25,000 shall: Page 117 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 (a) be used to meet one of the national objectives of the Federal CDBG until five (5) years after expiration of this Agreement, or for such a longer period of time as determined to be appropriate by the City; or (b) be disposed of in a manner which results in City being reimbursed in the amount of the fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such reimbursement is not required after the period of time specified above. ARTICLE X ADMINISTRATIVE REQUIREMENTS 10.01 City and Agency agree to perform their duties in relation to this Agreement in compliance with all applicable HUD regulations. 10.02 Agency shall administer this Agreement in compliance with U.S. Department of Housing and Urban Development applicable Uniform Administrative Requirements 24 C.F.R. § 84 and 24 C.F.R. § 85, as described in 24 C.F.R. § 570.502 (2016). 10.03 Agency shall comply, as related to CDBG provisions, with the requirements and standards of revised OMB Circular Title 2, Uniform Administrative Requirements, Cost Principals for Nonprofit Organizations, and Audit Requirements for Federal Awards, which supersedes and combines the requirements of eight existing OMB Circulars (A-21, A-50, A-87, A-89, A-102, A- 110, A-122 and A-133). 10.04 Nonprofit agencies that receive at least seven hundred fifty thousand dollars ($750,000) a year in Federal Awards shall have an audit made in accordance with the requirements set forth in OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). In order to meet those requirements any subrecipient receiving over $750,000 will provide a financial audit within three (3) months of the ending of their fiscal year covered by this Agreement. ARTICLE XI NONDISCRIMINATION 11.01 Agency hereby agrees and binds itself that no person shall, on the ground of race, color, national origin, religion, sex, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, such as is provided under this Agreement, in compliance with Public Law 88- 352 (Civil Rights Act of 1964) and amendments and Section 109 of the Housing and Community Development Act of 1974. 11.02 In accordance with Public Law 90-284, Fair Housing Act, Title VIII of the Civil Rights Act of 1968, Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, disability or familial status be discriminated against in the sale or rental of housing, the financing of housing, or the provision of brokerage Page 118 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 services, including otherwise making unavailable or denying a dwelling to any person. Moreover, Agency certifies that it will affirmatively further fair housing. 11.03 In accordance with Executive Order 11063, as amended by Executive Order 12259, Agency hereby agrees and binds itself that it shall take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), national origin, sex, age, handicap or familial status in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof. ARTICLE XII ENVIRONMENTAL CLEARANCE REQUIREMENTS 12.01 Agency understands and agrees that by the execution of this Agreement, City shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to City in accordance with and to the extent specified in 24 C.F.R. § 58 (2016). In accordance with 24 C.F.R. § 58.77(b) (2016), Agency further understands and agrees that City shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. 12.02 City shall prepare and maintain a written Environmental Review Record for this project in accordance with 24 C.F.R. § 58 (2016) to ensure compliance with the National Environmental Policy Act (NEPA). Agency must also maintain a copy of the Environmental Review Record in Agency's project file. City shall document its compliance with such other requirements in its environmental review file. ARTICLE XIII EMPLOYMENT AND CONTRACTING OPPORTUNITIES 13.01 In accordance with Executive Order 11246, as amended by Executive Orders 12086, 11375, 11478, 12107 and the regulations issued pursuant thereto, Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, reprisal or disability be discriminated against in any phase of employment during the performance of this Agreement. Further, Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. 13.02 In accordance with Section 3 of the Housing and Urban Development Act of 1968, Agency agrees that, to the greatest extent feasible, opportunities for training and employment will be given to low and moderate income persons residing within the City of College Station, and, to the greatest extent feasible, contracts for work in connection with the project will be awarded to eligible business concerns which are located in or owned by persons residing in the City of College Station. ARTICLE XIV ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES ACT 14.01 In accordance with the Architectural Barriers Act of 1968 42 U.S.C. §§ 4151-4157, Agency Page 119 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 agrees to abide by laws and regulations requiring certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered. 14.02 In accordance with standards that ensure accessibility to, and use by, persons with physical disabilities. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of "residential structure" as defined in 24 C.F.R. § 40.2 (2018) is subject to the requirements of this Act and shall comply with the Uniform Federal Accessibility Standards. 14.03 In accordance with the Americans with Disabilities Act 42 U.S.C. §12131; 47 U.S.C. §§ 155, 201, 218 and 225 (ADA), the Agency agrees to comply with the provision of comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable. ARTICLE XV USE OF DEBARRED, SUSPENDED, INELIGIBLE CONTRACTORS OR SUBRECIPIENTS 15.01 Agency agrees and binds itself that it has not and will not directly or indirectly employ, award contracts to, or otherwise engage the services of any contractor or other subrecipient of CDBG monies during any period of that agency's or subrecipient's debarment, suspension, or placement in ineligible status under the provisions of 24 C.F.R. § 24 (2009). ARTICLE XVI CONFLICT OF INTEREST 16.01 Agency certifies that no employee, agent, consultant, officer, elected or appointed official of the Agency who exercises or has exercised any functions or responsibilities with respect to CDBG activities or who is in a position to participate in a decision-making process or gain inside information with regard to such activities has or will have any personal or financial interest or benefit to obtain from this Agreement and the CDBG-assisted activity, nor any interest in any contract, subcontract or Agreement with respect thereto, or the proceeds thereunder, either for the official or those with whom they have family or business ties, either during tenure or for one year after completion of the Agreement term. ARTICLE XVII WHERE SUBRECIPIENT IS A RELIGIOUS ENTITY 17.01 Where Agency is a religious entity, Agency certifies that all CDBG funds shall be used wholly for secular purposes. Agency agrees and binds itself that it will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Agency agrees and binds itself that it will Page 120 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of public services funded by this Agreement. ARTICLE XVIII RELOCATION, REAL PROPERTY ACQUISISTION AND ONE-FOR-ONE HOUSING REPLACEMENT 18.01 Agency agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. Agency shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. Agency also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE XIX INDEMNIFICATION AND RELEASE 19.01 Agency agrees to indemnify and hold harmless the City, its officers, agents, volunteers, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. 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. 19.02 Agency assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, volunteers, and, employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in connect claims, demands, or causes of actions are covered in whole or part by insurance. 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. ARTICLE XX INSURANCE 19.01 General. The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Page 121 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 Agency, its agents, representatives, volunteers, employees, or subcontractors. 19.02 The Agency volunteers, and officials as additional insureds. Insurance requirements are as set forth below. Certificates of insurance evidencing the required insurance coverages are attached in C During the term of this Agreement the Agency minimum requirements of this section: 19.03 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation . 19.04 General Requirements Applicable to All Policies. The following General requirements to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance- Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. (e) . (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 19.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming the City as Additional Insured and further --insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall Page 122 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusio . (e) The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 19.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a or better rating under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming the City as Additional Insured and -- insurance or any insurance the City 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 Auto 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. 19.07 Insurance. Workers Compensation insurance shall include the following terms: (a) accident/each disease/each employee are required. (b) shall be included in this policy. (c) States of NV, ND, OH, WA, WV, and WY. ARTICLE XXI GENERAL PROVISIONS 20.01 The parties to this Agreement agree and understand that Agency is an independent contractor and not an agent or representative of the City and that the obligation to compensate its employees and personnel furnished or used by Agency to provide the services specified in Article I shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. Page 123 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 20.02 Services Department Agency as r s including, but not limited to staff assistance to ensure compliance to CDBG regulations and to ensure that proper accountability and program delivery results are achieved; and providing orientation to Agency staff and board members on time constraints and priorities of the Community Services Department discretion. City shall have no liability to Agency or any third party in providing any 20.03 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 20.04 This Agreement has been made under and shall be governed by the laws of the State of Texas. 20.05 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20.06 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 20.07 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 20.08 The parties acknowledge that they have read, understand, and intent to be bound by terms and conditions of this Agreement. 20.09 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 20.10 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 20.11 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 20.12 Prioritization. Agency and City agree that City is a political subdivision of the State of Page 124 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Agency to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Agency. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Agency shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 20.13 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 20.14 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as named herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. Agency: Attn: ___________________________ ________________________________ ________________________________ ________________________________ City: Attn: __________________________ Community Services Department City of College Station 511 University Drive P.O. Box 9960 College Station, Texas 77842 20.15 To the extent this Agreement is considered an Agreement for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. Jeannie Mansill Project Unity 4001 East 29th Street Bryan, TX 77802 David Brower Page 125 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 List of Exhibits A Statement of Work B Budget C Certificates of Insurance D Reimbursement Request E HUD Income Limits F Narrative Report G Client Report H Funding Sources Report I Type of Assistance Provided Report CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: _______________________________ Title: Date: _______________________________ APPROVED: City Attorney Date: _________________ Assistant City Manager / CFO Date: _________________ Page 126 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT A DETAILED STATEMENT OF WORK ____________________________________________ will provide a description of services Agency shall provide services to __________________________________ (____) unduplicated clients during the Agreement period. The clients are defined as low income using the household income criteria provided by HUD. Unity Partners dba Project Unity One Hundred Twenty Five 125 Page 127 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT B BUDGET Agency: SOURCES OF FUNDS: Maximum Proceeds of grant under the Agreement USES OF FUNDS: Unity Partners dba Project Unity 300 meals/month provided by Feed it Forward $10/meal ....................................$12,000.00 Administration of direct client assistance..............................................................$15,000.00 Rent Assistance: $800.00-$1000/mo x no more than 3 months x 36 clients.........$56,250.00 Utility Assistance: $350/mo x no more than 3 months x 30 .................................$25,000.00 Cell Phone Bills: $40/month x 6 months x 25 clients..............................................$6,000.00 Other Assistance based on unique client needs......................................................$10,000.00 Page 128 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT C CERTIFICATES OF INSURANCE Page 129 of 198 UNITPAR-02 GAYLA ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIODNYYY) ~ 6/11/2020 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(les} 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). PRODUCER ~RAA~~cr Gayla Zientek, ACSR Anco Insurance fA~g,NJo, Ext): (979) 774~6575 Irie~. No):{979) 774-5372 PO BOX 3889 Bryan, TX 77805 ~#oA~ss: zientek@anco.com INSURER(Sl AFFORDING COVERAGE NAIC# __ 1NsURERA, Philadelphia lndemnitv Ins. INSURED JNsURERe:Texas Mutual Insurance Companv 22945 Unity Partners INSURERC: Travelers 19046 dba Project Unity -- P.O. Box 2812 lNSURERD: Bryan, TX 77805-2812 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vv'ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN JS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1~.f'~ TYPE OF INSURANCE ft?.P6-SUBR POLICY NUMBER • ~2T6EWA-1 I 1~fil6i~~1 LIMITS wvo A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -n CLAIMS-MADE 0 OCCUR ~~~bff,~J9E~~![f~~ence' 100,000 PHPK2086877 3/15/2020 3/15/2021 $ x Sexual Abuse MED EXP <An11 one nerson1 $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY D ~~BT D LOC PRODUCTS -COMPlOP AGG $ 2,000,000 OTHER: Employee Benefi $ 1,000,000 A ~TOMOBILE LIABILITY ~~~~Nd~t1SINGLE LIMIT $ 1,000,000 ANY AUTO PHPK2086877 3/15/2020 3/15/2021 BOD!L Y INJURY I Per nerson\ $ -OWNED x SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IP er accident I $ 'K ~L\1Jls ONLY x ~8¥&~%19 rp~9~~~Jeht?AMAGE $ - $ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ f--- EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION x ! ~f~TUTE I I ~JH-AND EMPLOYERS' LIABILITY YIN SBP0001284464 3/15/2020 3/15/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 c Directors & Officers 105601174 51512020 5/5/2021 Per Claim 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES (ACORD 101, Addltional Remarks Schedule, may be attached lfmore space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P. 0. Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE IL~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 130 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT D REIMBURSEMENT REQUEST FORM COMMUNITY SERVICES DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSEMENT REQUEST FORM _________________ AGENCY: CONTRACT EXPENSES: BUDGETED CURRENT REQUEST YEAR TO DATE REQUESTED $ $ $ (INVOICES OR ACCEPTABLE ALTERNATIVE DOCUMENTATION MUST BE SUBMITTED) TOTAL $ $ $ REIMBURSEMENT REQUEST $ EXPENSES FOR THE PERIOD OF: AMOUNT REMAINING IN CDBG CONTRACT $ I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date Page 131 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 Agency Name Contract # Program Name Name of Agency Contact I hereby certify: The information presented on this form is true and complete to the best of my knowledge; All programs and services have been executed in accordance with the terms and requirements of the contract; All expenses for which payment is being requested herein were incurred by the above-referenced program(s); A signed and dated Client Report and Narrative Report have been received by the Community Services Department; All supporting documentation to substantiate this request has been received by the Community Services Department. The agency is in full compliance with the terms and conditions of the above referenced contract. I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date I have reviewed the documents submitted for reimbursement request number ____ by the above-referenced agency and agree that all services and expenditures have been satisfactorily completed in accordance with all applicable requirements and terms of the above referenced contract number. I hereby approve payment to the agency in the amount of $________. ____________________________________________________ ______________________ Signature of Monitor Date III. Director of Community Services Certification I hereby approve payment to the agency in the amount of $_________. ____________________________________________________ _______________________ Signature of Director of Community Services Date Page 132 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT E HUD INCOME LIMITS Page 133 of 198 Client Number (Agency Staff only):_____________ Intake Form Name __________________________________________________________________Phone __________________________ Address ___________________________________ City _________________________ Zip ____________________________ DOB _____________ What is your Ethnicity: (You must choose one) □ Hispanic or Latino □ Not Hispanic or Latino What is your Race: (You must choose one) □ American Indian/Alaska Native □ Asian □ Black or African American □ Native Hawaiian or Pacific Islander □ White □ American Indian/Alaska Native & White □ Asian & White □ American Indian/Alaska Native & Black/African American □ Black/African American & White □ Race Combination not included in above categories – Specify ________________________________ Residence: □ College Station □ Bryan □ Other (Choose one) Head of Household: □ Male □ Female □ Both (Choose one) 2020 Median Income Limits Please check the number of family members in the family and the appropriate income level category (on the same line). Calculation of Family Income should include: gross wages and salaries, social security income, pensions, child support, Temporary Assistance for Needy Families (TANF)/food stamps, and any other source of income. This chart is based on annual income. Family Size Income Range (Choose one) (Choose one) □ 1 □ $13,800 or less □ $13,801 < $23,000 □ $23,001 < $36,750 □ $36,751 or more □ 2 □ $15,800 or less □ $15,801 < $26,250 □ $26,251 < $42,000 □ $42,001 or more □ 3 □ $17,750 or less □ $17,751 < $29,550 □ $29,551 < $47,250 □ $47,251 or more □ 4 □ $19,700 or less □ $19,701 < $32,800 □ $32,801 < $52,500 □ $52,501 or more □ 5 □ $21,300 or less □ $21,301 < $35,450 □ $35,451 < $56,700 □ $56,701 or more □ 6 □ $22,900 or less □ $22,901 < $38,050 □ $38,051 < $60,900 □ $60,901 or more □ 7 □ $24,450 or less □ $24,450 < $40,700 □ $40,701 < $65,100 □ $65,101 or more □ 8 □ $26,050 or less □ $26,051 < $43,300 □ $43,301 < $69,300 □ $69,301 or more To comply with requirement of funding sources, this agency needs all clients to give information on all income and family size in order to qualify for services. You must provide a self-certification that the information you provide is accurate and complete to the best of your knowledge. You will need to verify income by providing third party documentation demonstrating eligibility for another qualifying program or by providing actual income documentation (definition of 3rd party or actual income on back). All information is kept confidential for records keeping and reporting requirements. No information will be released without the written consent of the individual. “I certify that all information provided on this application is true to the best of my knowledge. I also understand that, I will provide verification of income.” ________________________________________ ______________________________________________ Applicant’s or Guardian’s Signature Date Rev. 6/22/2020 Page 134 of 198 Client Number (Agency Staff only):_____________ Instructions: This Section to be completed by Agency staff only. Check the box next to the form of income documentation you will use to certify the income of the family you are serving. sssssssss □ 3rd Party Verification Process Definition: Evidence of qualification under another government program having income qualification criteria at least as restrictive as the HUD income restrictions. Examples: □ Section 8 Housing program □ Free/Reduced School lunch program □ Medicaid □ WIC □ Temporary Assistance for Needy Families (TANF) □ Disability Income □ Other_____________________________ Instructions: 1. Review list above and check appropriate box (you need only provide evidence of qualifying for one program) 2. Provide evidence of qualification through certification form from the agency and/or copy of card used to receive services (must be able to identify the card with the card holder. Can use only card if it clearly states the person’s name and/or address and is determined an acceptable program. 3. A referral can be made by another agency whose criteria meet the HUD definition and the agency agrees to maintain documentation supporting this (Example: email by school that the child is on free/reduced lunch). □ Actual Income Documentation Definition: Family Household does not participate in an income qualifying accepted program. Actual income includes all income received by the family. Please check which documents were submitted to verify income: □ W-2 Forms □ 1040 Income Tax Forms □ Pay Check Stubs (At Least Two) □ Benefit Award Letter(s) (Social Security, SSI, etc..) □ Other Income _________________________ □ I have no income (complete affidavit of no income) Instructions: 1. Check boxes above for type(s) of income documentation submitted. 2. Use box below to make a calculation determining gross annual income from source documents provided. □ Over Income Definition: Family household is over the income limit for their household size or they cannot provide income backup documentation as required by one of the other certification methods listed above. Instructions: Document this family household as over income on quarterly and annual Client Reports. Income Calculation Instructions: complete calculation(s) in this box showing annual income based on source documents provided. Sign and date below. ________________________________________ ___________________________ Signature of Staff Completing Form Date Page 135 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT F NARRATIVE REPORT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NARRATIVE REPORT (FY__________ ) AGENCY: ____________________________ REIMBURSEMENT REQUEST NUMBER : ____________ OPERATING HOURS OF AGENCY: ___________________________ (note any changes from original approved CDBG public service application): ________________ PROGRAM FUNDED: ________________________________ PROGRAM ACTIVITIES: goals). AGENCY ACTIVITIES: (Brief summary of all other programs operated by agency): Other: (Include any other information or attachments about your program i.e. newsletters, letters of support from community, etc.) Did the agency receive any program income for the program for which you are requesting funding since the execution of the Funding Agreement? Yes _____. No______. (Mark with an X) If yes, how much program income did the agency receive? $________________ Did the agency have a board vacancy during this quarter? Prepared by:___________________________ Date: ______________________________ Page 136 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT G CLIENT REPORT FORM Page 137 of 198 Signature:_________________________Date:________________ Form Revised 9/4/2014 Agency Name: _________________________Quarterly Reporting Period: Date Submitted: _________________________ Hispanic or Latino Not Hispanic or Latino American Indian or Alaska Native Hispanic or Latino Not Hispanic or Latino Asian Hispanic or Latino Not Hispanic or Latino Black or African American Hispanic or Latino Not Hispanic or Latino Native Hawaiian or other Pacific Islander Hispanic or Latino Not Hispanic or Latino White 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hispanic or Latino Not Hispanic or Latino American Indian or Alaskan Native and White Hispanic or Latino Not Hispanic or Latino Asian and White Hispanic or Latino Not Hispanic or Latino American Indian or Alaska Native and Black or African American Hispanic or Latino Not Hispanic or Latino Black or African American and White Hispanic or Latino Not Hispanic or Latino Race Combination not included in above categories Total Hispanic or Latino Total Not Hispanic or Latino Total #1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Bryan Other Total #2 0 0 0 0 0 0 Above Income Total #3 0 0 0 0 AGENCY TOTALS #1, #2, #3 WILL EQUAL EACH OTHER (*) Use one form for each program Total Hispanic or Latino plus total Not Hispanic or Latino equals total race category Total Female Heads of Household:_______________ No. of clients Total # 4 0 0 #4: Intake incomplete, not correctable, but client was served. Each client must choose one category for ethnicity and one category for race. # 4 Incomplete Intake Forms Total Unduplicated Clients - this period 0 Total (duplicated) Clients During the Contract Year - All clients 0 0 Contact Person: Extremely Low Income (30% of Median Income) Very Low Income (50% of Median Income) 0 College Station Program (*): #1 Race/Ethnicity: 0 0 Total (duplicated) Clients During the Contract Year - All clients served this period 0 Total Unduplicated Clients - this period Total Unduplicated Clients - this period Total Unduplicated Clients - this period Cities of Bryan and College Station 2019-2020 Community Development Block Grant Client Report Total (duplicated) Clients During the Contract Year - All clients served this period Phone Number: #1 Race/Ethnicity: Total (duplicated) Clients During the Contract Year - All clients served this period #2 Residence: Total (duplicated) Clients During the Contract Year - All clients served this period Total Unduplicated Clients - this period Low Income (80% of Median Income) 0 #3 Income: 0 0 Page 138 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT H FUNDING SOURCES REPORT Please list amounts received for this program from all funding sources: CDBG $_______ Section 108 Loan Guarantee $_______ Other Consolidated Plan Funds $_______ (HOME, ESG, HOPWA) Other Federal Funds $_______ State/Local Funds $_______ Private Funds $_______ Other ________________ $_______ Page 139 of 198 Contract Number: ______________ CDBG Funding Agreement Rent and Utility Assistance Form 04-17-2020 EXHIBIT I TYPE OF ASSISTANCE PROVIDED REPORT ______New Services--Number of unduplicated persons assisted with new access to a service ______Improved Services--Number of unduplicated persons assisted with improved access to a service (or continued if funding in prior year) ______Enhanced quality of Services--Number of unduplicated persons, where the public service activity will meet a quality standard or will measurably improve quality, report on the number of persons that no longer only have access to a substandard service _____ Bed Created--Number of beds created in overnight/emergency shelter Number of homeless persons given overnight shelter __________ Definitions: Number of persons assisted with new access to a service New access to a service is when a service is offered for the first time. This indicator would be used in the instance when a public service has not previously been available to these households. For instance, the grantee might elect to fund a new job transportation program for working mothers. No such program currently exists in the jurisdiction and so this is access to a new service for these households. Number of persons assisted with improved access to a service. Improved access to a service is when a service was offered, but the public service activity allowed the grantee to expand the service, in terms of size, capacity, or location. For instance, assume that an existing meals on wheels program only provided lunch and the expanded service provides lunch and dinner service. For these elderly households, this would constitute improved access. If a guarantee is refunding an ongoing program, the improved access indicator is generally used. Where the public service activity was used to meet a quality standard or measurable improved quality, report on the number of persons that no longer have access to a substandard service. The number of beds created in overnight shelter or other emergency housing . Page 140 of 198 July 23, 2020 Item No. 3.15. Engineering Services Retainer Contract with McCord Engineering Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with McCord Engineering, Inc. for $600,000 for engineering services. Relationship to Strategic Goals: Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends Council approve the contract with McCord Engineering, Inc. Summary: This contract will be for an original term of one (1) year at $600,000 with 2 possible renewals. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for engineering services. McCord Engineering is a highly-qualified local business and is very responsive to the needs of the City. Based on McCord’s unique familiarity with the City’s electric system, it is in the City’s best interest to continue to contract with McCord to provide these services. As such this contract is exempt from the City’s Request for Qualifications process. It is anticipated that McCord Engineering will provide engineering and design services as needed for new and existing electric systems facilities additions and improvements. Budget & Financial Summary: Funds are budgeted and approved in the Electric Utility’s Operating Budget and in the Electric Utility Capital Improvement Projects Fund for professional services related electric capital improvement projects. Reviewed & Approved by Legal: No Attachments: 1.Contract is available for review in the City Secretary's Office Page 141 of 198 Contract is available for review in the City Secretary’s office. Page 142 of 198 July 23, 2020 Item No. 4.1. Budget Amendment #2 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on Budget Amendment #2 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year by various amounts in substantially all funds, with the exception of the enterprise funds, due to the impact of the COVID 19 pandemic. Relationship to Strategic Goals: 1. Financial Sustainability 2. Core Services and Infrastructure Recommendation(s): Staff recommends the City Council approve Budget Amendment #2 as presented. Summary: The proposed budget amendment is to decrease the FY20 budget appropriations by various amounts in substantially all funds due to the impact of the COVID 19 pandemic. Enterprise funds (Electric, Water, Wastewater, Solid Waste and Northgate Parking) were not impacted by the pandemic and have no adjustments in Budget Amendment #2. The charter of the City of College Station provides for the City Council to amend the annual budget in the event that revenues are not available to cover planned appropriations after holding a public hearing on such budget amendment. Due to the significance of the changes to multiple funds, detail related to budget amendment #2 is reflected in the proposed FY20-21 budget document in the column marked as FY20 Year-End Estimate. The FY20 Revised Budget reflects the original FY20 Budget plus Budget Amendment #1, which was approved on February 10, 2020. A summary of the changes is also included with the ordinance. Budget & Financial Summary: The City has adjusted resources so it can reasonably expect to cover the reduced appropriations in this budget amendment. If approved, the net revised budget appropriations will be reduced for fiscal year 2020 to $341,917,573. Reviewed & Approved by Legal: No Attachments: 1.FY20 Budget Amendment #2 Ordinance 2.Memo - Budget Amendment #2 Page 143 of 198 ORDINANCE NO. _________ AN ORDINANCE (BUDGET AMENDMENT #2) AMENDING ORDINANCE NO. 2019-4128 WHICH WILL AMEND THE BUDGET FOR THE 2019-2020 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on September 26, 2019, the City Council of the City of College Station, Texas, adopted Ordinance No. 2019-4128 approving its Budget for the 2019-2020 Fiscal Year; and WHEREAS, on February 10, 2020, the City Council of the City of College Station, Texas, adopted Budget Amendment #1 amending the 2019-2020 Budget; and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2019-4128 is hereby amended by amending the 2019-2020 Budget adopted thereto by a net amount of ($5,490,546) as further detailed in the proposed 2020-2021 year end estimates incorporated herein for funds and purposes. PART 2: That this Budget Amendment #2 shall be attached to and made a part of the 2019-2020 Budget. PART 3:That except as amended hereby, Ordinance No, 2019-4128 shall remain in effect in accordance with its terms. PART 4:That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this _________ day of __________________________2020. ATTEST: APPROVED: ____________________________________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney Page 144 of 198 1101 Texas Ave * College Station, TX 77842 * (979) 764-3823 WWW.CSTX.GOV INTEROFFICE MEMORANDUM TO: THE FILES FROM: MARY ELLEN LEONARD, CPA, DIRECTOR OF FISCAL SERVICES SUBJECT: FY20 BUDGET AMENDMENT #2 – COVID 19 EFFECT DATE: JULY 23, 2020 CC: FY 20 BUDGET AMENDMENT #2 The proposed FY20 Budget Amendment #2 is to decrease the FY20 budget appropriations by various amounts primarily due to the impact of the COVID 19 pandemic. Enterprise funds (Electric, Water, Wastewater, Solid Waste and Northgate Parking) were not currently impacted by the pandemic and reflect no adjustments in Budget Amendment #2. Due to the magnitude of the changes involved as well as the timing of the preparation of the following year’s proposed budget, the changes that are incorporated as FY20 Budget Amendment #2 are presented in detail in the FY21 Proposed Budget that was presented to Council on July 23, 2020. Details of changes incorporated into FY20 Budget Amendment #2 are presented in the FY20 Year End Estimate column for the affected fund as opposed to the Revised Budget column. Exhibit A to this memo details the revenue and expense impact of Budget Amendment #2 by fund. Net revised budget appropriations for FY20 will be $341,917,573 after this Amendment. FY 20 GENERAL FUND YEAR END ESTIMATE CHANGES - ($1,552,960) (Budget Amendment) Revenue Reductions The stay-at-home orders enacted by the Governor in March of 2020 and the subsequent economic shut down have impacted multiple revenue streams of the City. The current estimated revenue loss is between $3 million and $6 million.  Sales Tax o Prior to COVID 19 the City’s sales increased year over year by 2.42% overall and this revenue source had exceeded budget by $1.78%. o March sales tax was below budget by 7.54%. April’s sales tax was below budget by 18.50%. o Data analytics work initiated at the start of the pandemic indicated that our sales tax could be down from 10% to 20% per month for the remainder of the fiscal year, resulting in a $2.9 million to $4.7 million loss in sales tax.  Parks & Recreation o This department is the most affected by the stay-at-home orders. All spring and summer departmental programs have be cancelled resulting in a revenue Page 145 of 198 2 loss of approximately $813,000 from programs and $81,000 from facility rentals.  Municipal Court o The stay-at-home orders, closing of the Court, and lack of telecommuting equipment for this group has resulted in an estimated $800,000 revenue reduction. Virtual court establishment in April has reduced loss to $611,000. Court re-opened to the public using State Supreme Court guidelines on May 11, 2020.  Miscellaneous Receipts o Reduction in the Federal Funds rate has reduced anticipated interest earnings by $78,000. o Prior to COVID, the City sold land in its business park for a gain of $1,500,000 which is helping to offset the revenue losses. Expense Reductions: To mitigate the impact of the revenue losses, the City has implemented the following strategies:  A hiring freeze of approximately 35 to 40 positions as well as departmental expense reductions in overtime, supplies, professional services, temporary help, travel and training has resulted in an estimated expense savings of $3.3 million. There are two custodian positions for the new police station netted into the hiring freeze impact.  Elimination of the Other Employee Benefit (OPEB) Trust for one year has resulted in savings of $862,000 to the General Fund.  The Roadway Maintenance Fund, which is a separate Special Revenue Fund currently has a fund balance of approximately $500,000. Moving $475,000 of road repair expense to that fund from the General Fund will also result in a savings to the General Fund.  With all spring and summer departmental programs cancelled, the Parks and Recreation department eliminated program expenses totaling $680,000. Fund Balance Reductions: The budgeted FY20 unassigned fund balance reserve percentage approved by Council September 27, 2019 is 25.43%. We currently anticipate possibly using the fund balance for required sales tax accrual adjustment as well as up to $625,000 for additional community relief if needed. However, though Budget Amendment #2, we are anticipating that we have implemented enough mitigation strategies to preserve the budgeted fund balance percentage in the general fund. FY 20 HOT TAX – COVID 19 EFFECT - ($4,412,586) (Budget Amendment) Revenue Reductions Prior to Covid 19, the hotel industry in College Station was experiencing 54% occupancy of its approximately 4,280 rooms. Tax collection averaged approximately $500,000 per month and we were on target to make the FY20 budgeted revenues of $5.7 million. The hotel industry has been dramatically impacted by the stay-at-home orders enacted by the Governor in March of 2020. Tax revenue has plummeted by 30% for April sales and 88% for Page 146 of 198 3 May. To assist the hotel industry with the economic impact, the City permitted a deferral of tax payments until December 2020. As of June 24, 19 hotels have asked for a deferral of tax payments totaling $106,000. Expense Reductions To mitigate the impact of the revenue losses, the City has implemented the following strategies: • Experience Bryan College Station will be brought in-house and become a division of the City’s Economic Development department beginning August 1, 2020, where the budget is being evaluated regarding expense reductions. • Sports Tournament revolving expenses and special event expenses have been eliminated totaling $410,000. • Planned capital projects in this fund are included in assigned fund balance. Construction and equipment expenses for Southeast Park of $6.6 million that were budgeted in FY20 have been deferred. In order for this fund to retain the required 18% working capital, Council will need to consider the elimination of one or both of the planned capital projects (Veteran’s Park Final Phase or Southeast Park). FY 20 OTHER FUNDS 1. Parkland Dedication Project Funding - $435,068 (Budget Amendment) Parkland Dedication funds are appropriated as funds become available and projects are identified throughout the year. The appropriate zone to appropriate funds is a function of the development process and therefore not projected prior to receipt. Appropriated funds will be added to existing planned projects in order to fund those without incurring additional debt. 2. Roadway Maintenance Fund - $475,000 (Budget Amendment) A part of the COVID 19 mitigation strategies discussed with Council on June 11,2020 Public Works moved $475,000 of planned street maintenance from the General Fund to the Roadway Maintenance Fund. This amendment will allow the FY20 planned street maintenance to occur. This is a special revenue fund with no fund balance requirement. 3. Memorial Cemetery Fund $150,000 (Funds Transfer) A transfer of $150,000 from the Memorial Cemetery Fund to the Parks CIP Fund to cover costs for the Cemetery Maintenance Shop project. Page 147 of 198 4 EXHIBIT A FY 20 Budget Amendment #2 Effect by Fund Increase (Decrease) in Revenues Expenses Total Total Appropriations per page 31 of FY20 Budget Book 341,163,652 FY20 Budget Amendment #1 - Council meeting 2/10/20 6,244,467 6,244,467 Revised Budget included in FY21 Proposed Budget - 6,244,467 347,408,119 FY20 Budget Amendment #2 General Fund (3,267,094) (4,820,054) (1,552,960) Hotel Tax (2,864,088) (7,276,674) (4,412,586) Parkland Dedication Funds 435,068 435,068 - Cemetery Funds - 150,000 150,000 Roadway Maintenance Fee Fund - 475,000 475,000 Governmental Capital Funds 150,000 - (150,000) Subtotal All Funds - Budget Amendment #2 (5,546,114) (11,036,660) (5,490,546) FY20 Revised Budget after Budget Amendment #2 (5,546,114) (4,792,193) 341,917,573 Page 148 of 198 July 23, 2020 Item No. 4.2. Ordinance vacating and abandoning portions of a 15-foot wide portion of a Public Utility Easement lying in Lot 1, Block 1 of the Cutting Edge Addition Subdivision Sponsor:Alma Guerra Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an Ordinance making certain affirmative findings and vacating and abandoning portions of a 15 foot wide public utility easement, said portions lying in Lot 1, Block 1 of the Cutting Edge Addition Subdivision, according to a final plat recorded in the official records of Brazos County, Texas and containing other provisions related to the subject. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse and Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The partial Public Utility Easement abandonment is proposed by the applicant to address site constraints recognized during the design phase of the development. The 15-foot wide portion of the easement is no longer necessary as the public water line will be in a different location. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 149 of 198 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING PORTIONS OF A 15-FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTIONS LYING IN LOT 1, BLOCK 1 OF THE CUTTING EDGE ADDITION SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of portions of a 15-foot wide public utility easement, said portions lying within and along Lot 1, Block 1 of the Cutting Edge Addition Subdivision, according to the plat recorded in Volume 8909, Page 160, of the Official Records of Brazos County, Texas, said portions which are further described in Exhibit “A”, attached hereto (such portions hereinafter collectively 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, it must hold a public hearing and 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; and 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 150 of 198 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 23rd day of July, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 151 of 198 Page 152 of 198 Page 153 of 198 Page 154 of 198 Page 155 of 198 Page 156 of 198 Page 157 of 198 Page 158 of 198 Page 159 of 198 Page 160 of 198 Page 161 of 198 Page 162 of 198 Page 163 of 198 Page 164 of 198 Page 165 of 198 Page 166 of 198 Page 167 of 198 Sr. Supervisor -Operations 6.13.2019 Page 168 of 198 Page 169 of 198 Application for Abandonment of a Public Right-of-Way / Easement Location: 7103 Rock Prairie Rd 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 170 of 198 July 23, 2020 Item No. 4.3. Ordinance vacating and abandoning a 0.2541 acre portion of the 20-foot Sanitary Sewer Easement, said portion lying along the northeast property line of Lots 1 and 2A, of the Lakeview Acres Revised Subdivision Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action approving an ordinance making certain affirmative findings and vacating and abandoning a 0.2541 acre portion of a 20-foot wide Sanitary Sewer Easement, said portion lying along the northeast property line of Lots 1 and 2A of the Lakeview Acres Revised Subdivision according to the easement recorded in the Official Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse and 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 replatting adjacent properties into a larger lot. The sewer line located in the easement will be abandoned, removed, and rerouted to accommodate development on the subject property. The 0.2541 acre sanitary sewer easement is located along Texas Ave South, across the Bee Creek Tributary from the City’s previous Police Station site. 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 171 of 198 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.2541 ACRE PORTION OF THE 20-FOOT WIDTH SANITARY SEWER EASEMENT, SAID PORTION LYING ALONG THE NORTHEAST PROPERTY LINE OF LOTS 1C AND 2A, OF THE LAKEVIEW ACRES REVISED SUBDIVISION, ACCORDING TO THE EASEMENT RECORDED IN THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of a 20-foot wide sanitary sewer easement, said portion lying along the northeast property line of Lots 1 and 2A, of the Lakeview Acres Revised Subdivision, according to the easement recorded in Volume 335, Page 295, of the Official Records of Brazos County, Texas, as further 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 hold a public hearing and 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; and 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 172 of 198 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 23rd day of July, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 173 of 198 Page 174 of 198 Page 175 of 198 Page 176 of 198 Page 177 of 198 Page 178 of 198 Page 179 of 198 Page 180 of 198 Page 181 of 198 Page 182 of 198 Page 183 of 198 Page 184 of 198 Page 185 of 198 Page 186 of 198 Page 187 of 198 Application for Abandonment of a Public Right-of-Way / Easement Location: 2709 Texas Avenue South 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 188 of 198 Page 189 of 198 July 23, 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 SARSCoV2, (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 renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor’s June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face Page 190 of 198 coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. On July 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, April 21, 2020, May 22, 2020, and June 22, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.July 23 Ordinance Disaster Declaration Renewal Page 191 of 198 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 with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, 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 to and extended by the City Council on March 23, 2020, 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; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 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, April 21, 2020, and May 22, 2020; and Page 192 of 198 Ordinance No Page 2 of 4 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 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, April 21, 2020, May 22, 2020, and June 22, 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 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 NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on July 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 23rd day of July, 2020. Page 193 of 198 Ordinance No Page 3 of 4 PASSED AND ADOPTED, this 23rd day of July, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 194 of 198 Ordinance No Page 4 of 4 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON JULY 22, 2020 Page 195 of 198 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 with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, 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 to and extended by the City Council on March 23, 2020, 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; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 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, April 21, 2020, and May 22, 2020; and Page 196 of 198 Disaster Declaration Renewal Page 2 of 3 COVID-19 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; 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 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 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, April 21, 2020, May 22, 2020, and June 22, 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 July 22, 2020. Page 197 of 198 Disaster Declaration Renewal Page 3 of 3 COVID-19 DECLARED this 22nd day of July, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 198 of 198