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HomeMy WebLinkAbout12/10/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Internet: https://zoom.us/s/99259114379 *Phone: 888 475 4499 and Webinar ID: 992 5911 4379 December 10, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       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 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. 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: • November 23, 2020 Workshop Meeting • November 23, 2020 Regular Meeting   Sponsors:Tanya Smith  Attachments:1.WKSHP112320 DRAFT Minutes 2.RM112320 DRAFT Minutes Page 1 of 197  City Council Regular Page 2 December 10, 2020 3.2.Presentation, discussion, and possible action regarding adoption of the 2021 Annual Council  Calendar.  Sponsors:Tanya Smith  Attachments:1.2021 Council Meeting Calendar 2.2021 Council Meetings and Holidays­Year at a glance 3.3.Presentation, discussion, and possible action regarding a Community Development Block Grant  funding agreement in the amount of $403,708 with the Brazos Valley Food Bank to implement a  new food delivery program for College Station residents affected by COVID­19 called Going the  Extra Mile (GotEM).  Sponsors:Debbie Eller  Attachments:1.Contract on file with the City Secretary's Office 3.4.Presentation, discussion, and possible action regarding a resolution appointing Tradd Mills  Emergency Management Coordinator.  Sponsors:Richard Mann   Attachments:1.EMC Resolution 5­1­19 (Tradd Mills) 2.TDEM 147 College Station TX 3.Coversheet ­ EMC 2021 3.5.Presentation, discussion, and possible action regarding an agreement for the video surveillance  phase III project with Shrink Stoppers, LLC dba ASAP Security Services not to exceed  $171,816.95.   Sponsors:Sindhu Menon  Attachments:1.20300718 C ASAP Contract 3.6.Presentation, discussion, and possible action on Cisco Collaboration Flex Plan Enterprise­Wide  Calling, Smartnet Renewal Technology Service Contract.  Sponsors:Sindhu Menon  Attachments:1.21300147 Great south TX Corp dba Comp Solutions CRC 111620 3.7.Presentation, discussion, and possible action regarding an annual purchase agreement for  dewatering chemical (polymer) with Fort Bend Services, Inc. not to exceed $115,000.  Sponsors:Gary Mechler  Attachments:1.Quote 3.8.Presentation, discussion, and possible action regarding a Resolution Declaring Intention to  Reimburse Certain Expenditures with Proceeds from Debt relating to capital vehicle purchases.  Sponsors:Mary Ellen Leonard  Attachments:1.Vehicle Revolver DRR FY21 3.9.Presentation, discussion, and possible action on a funding agreement between the City of  College Station and the College Station Noon Lions Club for FY21 in the amount of $16,625.  Sponsors:Mary Ellen Leonard  Attachments:1.21300004 Noon Lions Club Revised 11.18.20 Page 2 of 197  City Council Regular Page 3 December 10, 2020 3.10.Presentation, discussion, and possible action on an amendment to a service contract with  Paymentus Corporation for payment processing services to incorporate additional services to  be provided to the City and increase the annual estimated contract amount of $1,200,000 to  $1,500,000.  Sponsors:Mary Ellen Leonard  Attachments:1.Paymentus Amendment #2 3.11.Presentation, discussion, and possible action on a resolution adopting a modification to the  substantial amendment of the 2019 Annual Action Plan to include Substantial Amendment 6 for  the addition of $822,034 in CARES Act Community Development Block Grant Funding to the  Community Development budget.  Sponsors:Debbie Eller  Attachments:1.Resolution ­ CDBG­CV ­ Substantial Amendment #6 3.12.Presentation, discussion, and possible action regarding the approval of a contract extension to  the existing janitorial services contract.  Sponsors:Donald Harmon  Attachments:None 3.13.Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic  and Vehicles,” Article VI “Traffic Schedules,” Section 38­1014 “Traffic Schedule XIV"  by removing parking on a section of Luther Street at Wellborn Road.  Sponsors:Troy Rother  Attachments:1.Luther and FM 2154 No Parking Ordinance (1) 2.Luther and FM 2154 No Parking Exhibit 3.14.Presentation, discussion, and possible action on the third amendment to the General Service  Contract with Emergicon, LLC adding Medicare, Uninsured and Charity Care Reimbursement  Services.  Sponsors:Richard Mann   Attachments:1.Emergicon Third Amend 11­23­20 Final 3.15.Presentation, discussion, and possible action on a Construction Contract with CSA  Construction, Inc. in the amount of $3,933,727 for construction services for the Carters Creek  Wastewater Treatment Plant Centrifuge Improvements Project, a Resolution Declaring  Intention to Reimburse Certain Expenditures with Proceeds from Debt, and the rejection of Bid  No. 20­031.  Sponsors:Emily Fisher   Attachments:1.Project Location Map 2.WW1800008 DRR 3.21­005 Tab 4.20­031 Tab Page 3 of 197  City Council Regular Page 4 December 10, 2020 3.16.Presentation, discussion, and possible action regarding approval of a change order to a  professional services contract with Jones & Carter, Inc. in the amount of $90,000 for SCADA  programming services for the Carters Creek WWTP Centrifuge Improvements Project.  Sponsors:Emily Fisher  Attachments:1.Change Order 2 unsigned copy 2.Project Location Map 3.17.Presentation, discussion, and possible action regarding approval of a Real Estate Contract in  the amount of $830,000 with Juanita Martinez and Charles William Martinez for the purchase of  4.85 acres of land needed for the future CSNW Electric Substation.  Sponsors:Timothy Crabb  Attachments:1.Real Estate contract is available 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 regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Section 11.2, “Defined Terms,” of the Code of  Ordinances of the City of College Station, Texas, regarding the definitions of “related” and  “family.”   Sponsors:Jade Broadnax  Attachments:1.Related and Family Ordinance 2.Sec._11.2.___Defined_Terms. Redline 4.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the  zoning district boundaries from R Rural to WC Wellborn Commercial on approximately 1.8  acres of land located at 14999 FM 2154.   Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Applicant Supporting Information 4.Vicinity Aerial and Small Area Maps 5.Rezoning Exhibit 6.Rezoning Map Page 4 of 197 City Council Regular Page 5 December 10, 2020 4.3.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the  zoning  district  boundaries  from  PDD  Planned  Development  District  to  SC  Suburban  Commercial on approximately 4.5 acres of land located at 412 William D. Fitch Parkway.  Sponsors:Jesse Dimeolo Attachments:1.Ordinance 2.Vicinity Map, Aerial, and Small Area Map 3.Background Information 4.Applicants Supporting Information 4.4.Presentation, discussion, and possible action regarding the approval of a resolution requiring  landscaping on City capital projects for major collector and arterial roadways. Sponsors:Donald Harmon Attachments:1.Resolution for Landscaping Policy 4.5.Presentation,  discussion,  and  possible  action  on  a  resolution  regarding  the  City's  2021  Legislative Program for the upcoming 87th Texas Legislature. Sponsors:Brian Piscacek Attachments:1.Resolution­Legislative Program 4.6.Presentation,  discussion,  and  possible  action  regarding  an  ordinance  consenting  to  and  extending the Mayor's renewal of a disaster declaration due to public health emergency. Sponsors:Jeff Capps Attachments:1.December 10 Ordiance Renewing Disaster Declaration 4.7.Presentation, discussion, and possible action regarding the recommendation of an individual to  the  Brazos  County  Commissioners  Court  for  possible  appointment  to  the  Brazos  County  Regional Mobility Authority. Sponsors:Tanya Smith Attachments:None 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 and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on December 4, 2020 at 5:00 p.m. Page 5 of 197 City Council Regular Page 6 December 10, 2020  City Secretary This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 6 of 197 December 10, 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: • November 23, 2020 Workshop Meeting • November 23, 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.WKSHP112320 DRAFT Minutes 2.RM112320 DRAFT Minutes Page 7 of 197 WKSHP112320 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION NOVEMBER 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 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 via Teleconference at 3:02 p.m. on Monday, November 23, 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 3:02 p.m. on Monday, November 23, 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 8 of 197 WKSHP112320 Minutes Page 2 B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property located generally northwest of the intersection of Highway 47 and FM 60 in College Station, Texas C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney City Municipal Judge City Manager Council Self-Evaluation D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 5:53 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Item 3.3 was pulled from Consent for clarification. (3.3): Brian Piscacek, Assistant to the City Manager, explained that this resolution supports the Texas House and Senate approving requested legislation to raise revenue for the Brazos County Regional Mobility Authority. Subject to Texas Legislative approval, the City agrees to a referendum being held to add a $10 fee to Brazos County residents’ vehicle registration to support transportation projects in Brazos County. A similar resolution was approved unanimously by the Brazos County Commissioners Court on October 6, 2020. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action regarding the City's Open Records Request process. Brain Piscacek, Assistant to the City Manager, stated that this item was requested by council in September of this year. He presented an overview of the Texas Public Information Act, examination of the Open Records Request process maintained by the City of College Station, analysis of recent requests as well as historical trends, and a review of processes and types of requests in other Texas cities. Page 9 of 197 WKSHP112320 Minutes Page 3 5.2. Presentation, discussion, and possible action to explore an Ad Hoc College Station Business Committee. Natalie Ruiz, Director of Economic Development, stated that this item was originally presented to Council on October 22, 2020, where staff received direction to engage with the local business community through informal conversations. She explained that the first of these "Business Over Breakfast" events were held on November 10, 2020 and presented the City's efforts to market the upcoming "Christmas in College Station" campaign and explored how businesses can get involved. Representatives from approximately 40 College Station businesses RSVP’d to attend and after an open discussion many businesses signed up to participate in Christmas in College Station. City staff also explained how they are able to assist a business in a COVID-19 social distancing related issues. At the November 12, 2020, City Council meeting, staff received additional direction to bring this item back for further discussion regarding the potential formation of an ad hoc business committee. Council directed staff to continue with the “Business Over Breakfast” with additional direction to help facilitate connections between similar interest groups, more routine scheduling, and a larger venue. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, 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 Bicycle, Pedestrian, and Greenways Advisory Board. Councilmember Maloney reported on the Economic Development Corporation. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:52 p.m. on Monday, November 23, 2020. Page 10 of 197 WKSHP112320 Minutes Page 4 ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 11 of 197 RM112320 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION NOVEMBER 23, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 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 via Teleconference at 6.56 p.m. on Monday, November 23, 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: November 12, 2020 Workshop Meeting November 12, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action on the second reading of franchise agreement Ordinance No. 2020-4224 with Brazos Valley Trash Valet and Recycling for the collection of recyclables from Page 12 of 197 RM112320 Minutes Page 2 commercial businesses and multi-family locations. 3.3 Presentation, discussion, and possible action regarding Resolution No. 11-23-20-3.3 supporting an increase in vehicle registration fees to address traffic and mobility issues through the Brazos County Regional Mobility Authority. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4225 amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres, generally located at 6620 Victoria Avenue. Rachel Lazo, Planning and Development Services, stated that this amendment to the Comprehensive plan and Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres located west of the adjacent Castlegate II Subdivision was requested by the applicant. He explained that the subject property and properties to the north are primarily designated Wellborn Estate on the Comprehensive Plan Future Land Use and Character Map, while the properties to the west are Wellborn Suburban, to the east Restricted Suburban, and the properties to the south across Victoria Avenue are Estate. It is the applicant’s intent to develop self-storage units on the subject property. The Planning & Zoning Commission heard this item at their November 5, 2020 Regular meeting and voted 3-2 to recommend approval. Staff recommends denial of the Comprehensive Plan Future Land Use and Character Map amendment due to inconsistencies with surrounding land uses and the Wellborn Community Plan. At approximately 7:24 p.m., Mayor Mooney opened the Public Hearing. Lisa Cantrell, College Station, came before Council representing a group of concerned citizens. She stated that once this land use is changed any commercial use could be accepted which could negatively impact the resident’s quality of life. Other issues include drainage and sewage capacity, and narrow streets with no sidewalks to accommodate the increased traffic in the area. Majid Atique, College Station, stated that he bought the property at this location and the vision he had for this property but unfortunately, there is no offer to develop this property. This is the reason why he is requesting this amendment for the development self-storage units on this property. Richard Lynn, College Station, stated that this requested change is not consistent with the Wellborn Estate plans as adopted by the City. The residents of Wellborn deserve to have the Wellborn Estate plan be upheld so the property values do not decline any further or have their quality of life impacted. He believes the statement made by the developers; “This type of neighborhood commercial development can meet the goal of the Wellborn Community,” is false. Page 13 of 197 RM112320 Minutes Page 3 Bob Cohen, College Station, stated that his comments are about the governing bodies respect for residents. Mr. Cohen explained that the Wellborn Community Plan was approved, published, and developed after a year of planning and discussion among representatives of the Wellborn Community and City of College Station staff. The plan should be binding, and staff and commissioners need to follow the plan and respect the intent for which it was created. Jane Cohen, College Station, stated the Planning and Development Department had incorrectly not notified property owners to the north of the subject property and made another mistake when they stated that this project did not have a sewer component. There being no comments, the Public Hearing was closed at 7:51 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to deny Ordinance No. 2020-4225, amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Estate to Wellborn Commercial for approximately 8 acres, generally located at 6620 Victoria Avenue. The motion carried unanimously. 4.2 Presentation, discussion, and possible action regarding a Semi-Annual Report on System- Wide Impact Fees for Water, Wastewater, and Roadway. Carol Cotter, Planning and Development Services, stated that the Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation has occurred in phases, with full fee implementation having occurred in December of 2018. The service area for roadway impact fees is bounded by the City-limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow City limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Mrs. Cotter explained that the Land Use Assumptions and the related Capital Improvements Plans have remained applicable over the reporting period April 1, 2020 through September 30, 2020. Since there have been no major changes to any of the impact fee programs during the reporting period, this report primarily documents the fees collected in each of the service areas, and identifies the impact fee capital improvement projects that the revenues have been budgeted to help fund. The Planning and Zoning Commission, with the inclusion of an ETJ representative for service areas extending into ETJ, serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. On November 5, 2020, the IFAC discussed and unanimously recommended support of the Semi-Annual Report. It is now presented to Council as part of the status update. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Semi-Annual Report on System- Wide Impact Fees for Water, Wastewater, and Roadway. The motion carried unanimously. 4.3 Presentation, discussion, and possible action regarding the conversion of various, existing Page 14 of 197 RM112320 Minutes Page 4 greenway properties to park land. Venessa Garza, Planning and Development Services, stated that greenway property in four areas are proposed and are referenced below and in the attached maps. These greenways were acquired using 1998 bond funds and by dedication. Mrs. Garza detailed the subject properties: Area #1 is 11.11 acres and is adjacent to University Park (10 acres). Total park acreage with the proposed conversion would be 21.11 acres. Area #2 is 1.45 acres and is in the Southland Addition subdivision. Area #3 is 11.95 acres, fronts on State Highway 6 and has a pond referred to as Head Lake. Area #4 is 2.9 acres and is adjacent to Creekview Park (4.3 acres). Total park acreage with the proposed conversion would be of 7.2 acres. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve conversion of various, existing greenway properties to park land as presented. 4.4 Presentation, discussion, and possible action regarding Ordinance No. 2020-4226 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated to Council that on November 20, 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, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 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. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020- 4226 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. 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 Brick requested a future agenda item to provide an update on efforts to provide COVID19 relief funding to businesses. Councilmember Maloney requested information from staff investigating whether State and Federal governing bodies might allow the City to better maintain a creek near Brison park to protect homes along Dexter. 6.Adjournment. Page 15 of 197 RM112320 Minutes Page 5 There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:30 p.m. on Monday, November 23, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 16 of 197 December 10, 2020 Item No. 3.2. 2021 Annual Council Calendar Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of the 2021 Annual Council Calendar. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends adoption of the Annual Calendar. Summary: The schedule lists the 2nd and 4th Thursdays for 2021 Council Meeting dates. Alternate dates will be provided for the Council if scheduling conflicts should arise. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.2021 Council Meeting Calendar 2.2021 Council Meetings and Holidays-Year at a glance Page 17 of 197 DRAFT (Subject to Change) 2021 CITY COUNCIL MEETING SCHEDULE Workshop Meetings Regular Meetings Thursday, January 14, 2021, 4:00 pm Thursday, January 14, 2021, 6:00 pm Thursday, January 28, 2021, 4:00 pm Thursday, January 28, 2021, 6:00 pm Thursday, February 11, 2021, 4:00 pm Thursday, February 11, 2021, 6:00 pm Thursday, February 25, 2021, 4:00 pm Thursday, February 25, 2021, 6:00 pm Thursday, March 11, 2021, 4:00 pm Thursday, March 11, 2021, 6:00 pm Thursday, March 25, 2021, 4:00 pm Thursday, March 25, 2021, 6:00 pm Thursday, April 8, 2021, 4:00 pm Thursday, April 8, 2021, 6:00 pm Thursday, April 22, 2021, 4:00 pm Thursday, April 22, 2021, 6:00 pm Thursday, May 13, 2021, 4:00 pm Thursday, May 13, 2021, 6:00 pm Thursday, May 27, 2021, 4:00 pm Thursday, May 27, 2021, 6:00 pm (Sometime May – There will be a Possible Conflict with Chamber Washington Trip) Thursday, June 10, 2021, 4:00 pm Thursday, June 10, 2021, 6:00 pm Thursday, June 24, 2021, 4:00 pm Thursday, June 24, 2021, 6:00 pm Thursday, July 8, 2021, 4:00 pm Thursday, July 8, 2021, 6:00 pm Thursday, July 22, 2021, 4:00 pm Thursday, July 22, 2021, 6:00 pm Thursday, August 12, 2021, 4:00 pm Thursday, August 12, 2021, 6:00 pm (August 12 - Budget & Tax Adoption and Calling the Election) Thursday, August 26, 2021, 4:00 pm Thursday, August 26, 2021, 6:00 pm Thursday, Sept. 9, 2021, 4:00 pm Thursday, Sept. 9, 2021, 6:00 pm Thursday, Sept. 23, 2021, 4:00 pm Thursday, Sept. 23, 2021, 6:00 pm Thursday, October 14, 2021, 4:00 pm Thursday, October 14, 2021, 6:00 pm Thursday, October 28, 2021, 4:00 pm Thursday, October 28, 2021, 6:00 pm Thursday, November 11, 2021, 4:00 pm Thursday, November 11, 2021, 6:00 pm Monday, November 22, 2021, 4:00 pm Monday, November 22, 2021, 6:00 pm Thursday, December 9, 2021, 4:00 pm Thursday, December 9, 2021, 6:00 pm Council Retreat: Council Strategic Planning Retreat Date and Location Pending Possible Conflicts: January 14 TML Legislative Series - Legislative Preview Morning Webinar January 22 TML Newly Elected City Officials’ Workshop San Antonio January 27-29 Texas City Management Association William “King” Cole Session I Virtual March 11 TML Legislative Series - Legislative Status Report #1 Morning Webinar March 17-19 TML-TAMCC Elected Officials' Conference San Antonio March 25 Texas City Management Association William "King" Cole Session II San Antonio April 8 TML Legislative Series - Legislative Status Report #2 Morning Webinar May 6 TML Legislative Series - Legislative Status Report #3 Morning Webinar May _____Chamber Washington Trip ______ May 24-26 ITGA Conference Milwaukee, Wisconsin June 10-13 Texas City Management Association Annual Conference Round Rock June 21 TML Legislative Series – Wrap-Up Workshop Austin July 29-30 TML TAMCC Newly Elected City Officials' Orientation San Antonio August 12-13 TML TAMCC Newly Elected City Officials' Orientation Bastrop October 3-6 ICMA Annual Conference Portland, Oregon October 6-8 TML Annual Conference and Exhibition Houston *Expenses paid by the City will need to be determined by Mayor* Page 18 of 197 2021 COUNCIL CALENDAR 1 New Year’s Day (City Offices Closed) 14 Regular Meeting 18 M.L. King Jr. Day (City offices closed) 22 TML Newly Elected 28 Regular Meeting JANUARY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 Independence Day (City offices closed) 8 Regular Meeting 22 Regular Meeting 29-30 TML TAMCC Newly Elected City Officials’ Orientation 11 Regular Meeting 25 Regular Meeting FEBRUARY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AUGUST S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 Regular Meeting (Budget & Tax Adoption and Calling the Election) 12-13 TML TAMCC Newly Elected City Officials’ Orientation (Conflict) 26 Regular Meeting 11 Regular Meeting 17-19 TML-TAMCC Elected Officials' Conference 25 Regular Meeting MARCH S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 Labor Day (City Offices Closed) 9 Regular Meeting 23 Regular Meeting 2 Good Friday (City Offices Closed) 8 Regular Meeting 22 Regular Meeting APRIL S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3-6 ICMA Annual Conference 6-8 TML Annual Conference 14 Regular Meeting 28 Regular Meeting ____ Chamber Washington (Possible Conflict) 13 Regular Meeting 24-26 ITGA Conference 27 Regular Meeting 31 Memorial Day (City offices closed) MAY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 Election Day 11 Regular Meeting 22 Regular Meeting 25 -26 Thanksgiving (City Offices closed) 10 Regular Meeting 24 Regular Meeting JUNE S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 Regular Meeting 24-27 Christmas (City Offices Closed) Blue=Regular Council Dates Mauve=Offices Closed Peach=Council Conferences Page 19 of 197 December 10, 2020 Item No. 3.3. Funding agreement in the amount of $403,708 with the Brazos Valley Food Bank for GotEM Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement in the amount of $403,708 with the Brazos Valley Food Bank to implement a new food delivery program for College Station residents affected by COVID-19 called Going the Extra Mile (GotEM). Relationship to Strategic Goals: Core services and infrastructure, neighborhood integrity Recommendation(s): Staff recommends approval of the Community Development Block Grant Funding agreement with Brazos Valley Food Bank in the amount of $403,708. Summary: The City of College Station Community Development staff continue to monitor the issues in the community caused by COVID-19. At the October 22, 2020, City Council meeting, staff presented a summary of assistance provided to date by the City and information gathered through a recent needs survey. The survey indicated food, rent, utilities, and business assistance were still a significant need for low-to-moderate income College Station residents and business owners. Council provided direction to staff to pursue a partnership with the Brazos Valley Food Bank to create a program to deliver food to food insecure, low and moderate income College Station residents affected by COVID-19. The program will work with partners Catholic Charities, CSISD, Project Unity, and Unlimited Potential, who currently receive CDBG funds to provide rental assistance to our residents. The partners will refer low-to-moderate income families who have been identified as food insecure, demonstrate barriers to accessing food assistance, and have been affected by COVID-19 to the Going the Extra Mile (GotEM) program of the Brazos Valley Food Bank. GotEM will provide direct food assistance to these identified families and deliver approximately thirty (30) pounds of food shelf-stable to the household on a bi-weekly basis or monthly rotation based on need. Through surveys with the current partners, local housing providers, and other public services programs, approximately 290 households have been identified who would benefit from this new program. CDBG funding provided through this agreement will be utilized as follows: Purchase of Food: $280,800 Delivery Vehicle: $60,000 Driver/Program Staff: $40,000 (1.25 FTE + benefits) Delivery Boxes: $15,070 Fuel Costs: $1,000 Phone Costs: $2,200 Vehicle Maintenance: $1,800 GPS Tracking: $338 Insurance: $2,500 Page 20 of 197 Total $403,708 This funding agreement with the Brazos Valley Food Bank will provide funds to this program for one year. A copy of the contract is available for review in the City Secretary's Office. Budget & Financial Summary: Community Development Block Grant Public Service Agency funds available in the FY2021 Community Development Budget. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 21 of 197 1.Contract on file with the City Secretary’s Office Page 22 of 197 December 10, 2020 Item No. 3.4. Appointment of Emergency Management Coordinator Sponsor:Richard Mann Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution appointing Tradd Mills Emergency Management Coordinator. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends approval of the resolution. Summary: The citizens have elected Karl Mooney as the Mayor for the City of College Station. In accordance with the Texas Disaster Act of 1975 the Mayor assumes the duty as the Emergency Management Director. The Emergency Management Director may designate an Emergency Management Coordinator who shall serve as assistant to the presiding officer of the political subdivision for emergency management purposes when so designated. Budget & Financial Summary: None. Reviewed & Approved by Legal: No Attachments: 1.EMC Resolution 5-1-19 (Tradd Mills) 2.TDEM 147 College Station TX 3.Coversheet - EMC 2021 Page 23 of 197 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPOINTING AN EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY. WHEREAS, the City Council recognizes the need to prepare for the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, requiring emergency action; and WHEREAS, the Texas Division of Emergency Management (TDEM) according to the Texas Disaster Act of 1975, Chapter 418 shall identify the Emergency Management Director and the Emergency Management Coordinator responsible for the emergency management program; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council hereby recognizes that Mayor Karl Mooney as the Emergency Management Director (EMD) for the City and gives the Mayor authority to execute documents related to appointing the Emergency Management Coordinator. PART 2:That the Mayor/EMD appoints Tradd Mills as the Emergency Management Coordinator for the City. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this ___ day of ______, 2020. ATTEST:APPROVED: City Secretary Mayor APPROVED: City Attorney Page 24 of 197 EMERGENCY MANAGEMENT DIRECTOR/COORDINATOR NOTIFICATION Section 418.101 of the Texas Government Code states: "The presiding officer of the governing body of each political subdivision will notify the Division of Emergency Management of the manner in which the political subdivision is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information." This form is used to make the required notification to TDEM in accordance with Governor Executive Order GA-05 submitted annually by the 1st of February of each year or within 30 days of any change of elected or appointed officials. The information on this form may be released to those inquiring about local emergency management programs pursuant to the Texas Open Records Act. Hence, TDEM recommends that you provide business addresses and mobile telephone numbers rather than home addresses and telephone numbers. COUNTY: Brazos (Required) Jurisdiction: City of College Station (City or County Name) Official's Title: Mayor (Mayor/Judge) Name: Karl Mooney (First & Last Name) Mailing Address: PO Box 9960 (The best address to receive mail} City, State, Zip: College Station, TX 77842 Office Number: 979.764.3509 Cell Number: Fax Number: 979.764.6377 E-mail: kmooney@cstx.gov (Please include -this is a back-up for mailing) 24 Hr Contact#: 979.764.3600 EMERGENCY MANAGEMENT PROGRAM APPOINTMENT STATUS DI HAVE NOT appointed an Emergency Management Coordinator and will personally direct the local emergency management program. j ../ j 1 HAVE appointed/re-appointed the Emergency Management Coordinator identified below to conduct the emergency management program for this jurisdiction. The effective date of the appointment is: 01/03/2021 Owe share our EMC with (name of jurisdiction). If the COUNTY Emergency Management Coordinator has been appointed to other jurisdictions within the county, the County judge and the participating City Mayors must sign this form. (See the third page for additional signature blocks.) The EMC/or this jurisdiction is (please select one): {!)Paid, Full Time, EMC only 0 Paid, Full Time, EMC and other job duties (Fire Chief, Fire Marshal, Police Chief, EMS Director, Etc.) (please specify other duty/duties)------------------------ 0 Paid part time, EMC only 0 Paid, Part Time, EMC and other job duties (Fire Chief, Fire Marshal, Police Chief, EMS Director, Etc.) (please specify other duty/duties)------------------------0 Unpaid/volunteer EMC only Q Unpaid/Volunteer, EMC and other volunteer job duties (Fire Chief, Fire Marshal, Police Chief, EMS Director, Etc.) (please specify other duty/duties)-------------------0 Other (please describe) ___________________________ _ TDEM-147 Rev 12/2019 Page 1 Page 25 of 197 EMERGENCY MANAGEMENT COORDINATOR Coordinator Asst Coordinator Name: Tradd Mills Mailing Address: PO Box 9960 Citv. State. Zio: College Station, TX 77842 Office Phone: 979.821.1042 Cell Number: 979.595.3811 Fax Number: 979.393.9922 E-mail Address: tmills@cstx.gov 24 Hr Contact #: 979.764.3700 Emergency Operations Center#: D Check this box if the information above contains personal information pertaining to a law enforcement official such as personal home or cellular phone number, and/or home mailing or personal email address. Judge's or Mayor's Signature PLEASE RETURN TO: Texas Division of Emergency Management Operations Section P.O. Box 15467 Austin, TX 78761 Date Phone: (512) 424-2208 Email: soc2@dps.texas.gov TDEM-147 Rev 12/2019 Click to Submit Form to SOC Page 2 Page 26 of 197 Date: December 10, 2020 Consent Agenda Appointment of Emergency Management Coordinator To: Jeff Capps, Interim City Manager From: Richard Mann, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the approval of a resolution appointing Tradd Mills as the Emergency Management Coordinator. Recommendation(s): Staff recommends approval of the resolution. Summary: The citizens have elected Karl Mooney as the Mayor for the City of College Station. In accordance with the Texas Disaster Act of 1975 the Mayor assumes the duty as the Emergency Management Director. The Emergency Management Director may designate an Emergency Management Coordinator who shall serve as assistant to the presiding officer of the political subdivision for emergency management purposes when so designated. Budget & Financial Summary: None. Attachments: Emergency Management Coordinator Resolution Form TDEM-147 Page 27 of 197 December 10, 2020 Item No. 3.5. Phase III of Video Surveillance Project Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an agreement for the video surveillance phase III project with Shrink Stoppers, LLC dba ASAP Security Services not to exceed $171,816.95. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The Video Surveillance Project was launched in FY18 to enhance the physical security across City facilities. Phase I of the project addressed the camera system replacement at the Northgate Entertainment area to meet business needs. Two additional phases were planned to replace existing cameras in other City facilities. Phase II included the camera system installation at Utility Customer Service, Public Works, and City Hall. This contract is for the completion of Phase III of the project, which addresses camera system purchase, configuration, and installation at the Municipal Court building. The details are below: Installation of (52) fifty-two cameras, 49 of these cameras are replacing the current cameras in the building, while 3 cameras are added for additional surveillance views. o 37 interior and 15 exterior cameras. Surveillance analysis to determine gaps in existing camera placement and recommendations for changes and placement of new cameras to optimize video coverage. Recommendations should be based on range of view, weather conditions, light conditions, risk to cameras by vandalism or other realistic harm. Necessary licenses to support all cameras, devices, and peripherals as applicable. Adequate storage to maintain at least 30 days of video recordings. Funding has been acquired through the Video Surveillance System Project. From the one-time costs of $171,816.95. $36,258.33 covers the camera server, $66,384.00 covers the cameras, $15,080.00 covers camera licenses, $14,644.62 covers equipment needed for camera installation, and $39,450.00 covers the labor for camera installation. Budget & Financial Summary: Budget in the amount of $790,000 is included for this project (CO1802) in the Facilities and Technology Capital Improvement Projects Fund. A total of $530,312 has been committed or spent to date, leaving a balance of $259,688 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: Page 28 of 197 1.20300718 C ASAP Contract Page 29 of 197 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 30 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 1 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home- for the following work: _______________________________________________________________________________ as described in the Scope of Services attached as ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of ity shall pay the Contractor an amount not to exceed ___________________________________________________________ and ____/100 Dollars ($____________). 1.02 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.03 ment and Approval. The City will pay Contractor as shown in Exhibit Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City ces. 1.04 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services by the following dates: ____________________________________________________________. OR 1.04 Term. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Any renewal must be in writing and executed by the parties. 1.05 Executed Contract. commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. ARTICLE II CHANGE ORDERS 2.01 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City Shrink Stoppers, LLC dba ASAP Security Services Install integrated and trusted Video Surveillance Platform for Municipal Court Building, Phase Three One Hundred Seventy-One Thousand, Eight Hundred Sixteen 95 171,816.95 May 1, 2021 Page 31 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 2 or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.01 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that Page 32 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 3 may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.02 Subcontractor. shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.01 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, 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 Contractor, its officers, agents, volunteers, and employees. 4.02 volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in E . requirements of this section. 4.03 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation . 4.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Contractor 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. Page 33 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 4 (d) The City will accept only licensed Insurance Carriers 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. 4.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured - to self-insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being su acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 4.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured - to self-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. 4.07 Insurance. The following shall include the following terms: Page 34 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 5 (a) Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) ; and (c) TEXAS must appear in named in . ARTICLE V INDEMNIFICATION AND RELEASE 5.01 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 5.02 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VI GENERAL TERMS 6.01 Performance. Contractor, its employees, associates, or subcontractors shall perform all the work or services described in the Scope of Services in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner. Page 35 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 6 6.02 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work or services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work or services performed and expenses incurred before the date of termination. 6.03 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.04 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 6.05 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 6.06 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 6.07 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.08 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.09 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. 6.10 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. Page 36 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 7 6.11 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 6.12 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 6.13 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. 6.14 Notice. CITY OF COLLEGE STATION Attn: _______________ PO BOX 9960 Attn: ___________________ 1101 Texas Ave ________________________ College Station, TX 77842 ________________________ ________________@cstx.gov ________________________ 6.17 Exhibits. Sindhu Menon smenon SHRINK STOPPERS, LLC DBA ASAP SECURITY SERVICES Reed Newberry 8713 Fallbrook Houston, TX 77064 rnewberry@asapss.com Page 37 of 197 Contract No.___________ General Service Contract Form 05-01-19 Page | 8 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: SHRINK STOPPERS, LLC dba ASAP SECURITY SERVICES Jeff Enlow General Manager Page 38 of 197 Contract No.___________ General Service Contract Form 05-01-19 EXHIBIT A SCOPE OF SERVICES The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. Please see attached Scope of Services, as developed by Information Technology, Project #CO1802 Page 39 of 197 Exhibit A SOW CITY OF COLLEGE STATION Information Technology Department Last Update: 08/24/2020 Business Requirements Document Video Surveillance System phase III – ID# CO1802 Estimated Completion Date: Spring 2021 1. Background The video surveillance system in Northgate was installed as a pilot project in late 2009, and the Northgate Garage surveillance was installed in phases over several years. All of the equipment installed is at or near end of useful life. The Video Surveillance phase I project was launched in FY18 to replace all system equipment, and expand the number of Northgate Entertainment Area cameras to meet the business needs. Two additional phases were planned to replace existing cameras in other City facilities, including Utility Customer Service, City Hall, Municipal Court, and Public Works. This project is the phase III of the Video Surveillance project, which will encompass: (i) Municipal Court – Assessment of cameras and replacement of those in need. Preliminary assessment identified (52) fifty-two cameras, 37 interior and 15 exterior cameras including the replacement of 49 cameras. 2. Project Description The City of College Station has multiple video surveillance systems installed by various departments throughout the city. This project will continue the implementation of a city wide infrastructure and basis for migrating existing systems. Phase III of this project multiyear project, includes: • Replacement of 49 existing cameras at Municipal Court building, and installation of 3 additional cameras for a total of 52 cameras. • Surveillance analysis to determine gaps in existing camera placement and recommendations for changes and placement of new cameras to optimize video coverage. Recommendations should be based on range of view, weather conditions, light conditions, risk to cameras by vandalism or other realistic harm. • Necessary licenses to support all cameras, devices and peripherals as applicable. • Adequate storage to maintain at least 30 days of video recordings . Detailed maps with camera’s proposed placements is included in this document. See Attachment 1. Please note that the placement of the camera may be subject to change if it is determined that the coverage is not adequate or optimum. 3. Out of Scope • Network HP switches if needed will be provided by the City of College Station’s IT Department and financed by the project funding • Rental of bucket truck or other utility vehicle if needed to perform camera installations 4. Purpose The purpose of this project is to ensure the City of College Station continues the process initiated in FY18 to have a fully integrated and trusted system in place by incorporating a Video Surveillance platform for viewing and recording video of exterior public spaces, new/existing City buildings, facilities and parking areas, specifically at Municipal Court Building. Success will be measured based on the system ability to provide adequate and high-quality video coverage and stored for up to 30 days on all location in scope. Page 40 of 197 Exhibit A: Business Requirements 11/17/20 Page 2 5. Benefits o System to incorporate a Video Surveillance platform for viewing and recording video of exterior public spaces, City buildings, facilities and parking areas. o Single, integrated platform o Enhanced public safety with proactive detection and prevention and supporting investigation of identified events. o Future integration to access control and existing video investments o Effective Video Information Sharing with authorized police, fire EMS services, and other authorized users. o Improved critical response o Video recall/storage of incidents for investigation, identification and court 6. Assumptions o Existence of technical infrastructure that can support technology o Adequate project staff is available from all departments involved during planning, implementation, and testing phases of the project. o Once the Project Scope is agreed upon with the vendor any change to scope/requirement would impact project plan and potentially the project cost o Business stakeholders are in agreement on the requirements to implement this solution. 7. Constrains o Project approved budget Page 41 of 197 Exhibit A: Business Requirements 11/17/20 Page 3 8. Scope of Services The scope of services includes all equipment, data fees, equipment installation, wiring (if needed), removal of legacy damage or malfunctioning equipment, system testing, system implementation, including required interfaces with legacy equipment, system and user training, and system documentation The details can be found in the following sections of this document. Cameras and Installation: Requirement Description Must Have? Analysis to determine gaps in existing camera placement and recommendations for changes and placement of new cameras to optimize video coverage. Recommendations to be based on range of view, weather conditions, light conditions, risk to cameras by vandalism or other realistic harm Yes Municipal Court Outdoor cameras covering all exterior area that includes the employee parking lot, customer parking lot and exit door area for the Judge. Yes Municipal Court Indoor Cameras with good coverage of the front desk clerk work areas, elevator, courtroom, stairwell, hallway and work cubicles. Yes Removal of malfunctioning/damaged equipment Yes Video Storage Requirements: Requirement Description Must Have? Ability to store, access and maintain at least 30 days of video recordings Yes The vendor will provide all needed parts, labor, materials, software, hardware and professional services necessary to equip designated buildings and facilities with a complete video surveillance system that conforms to the requirements detailed in this document. Work to be completed by the vendor shall consist or include: 1. Turn-Key System Expectations: The City to buy equipment from vendor to include all data fees and services in one monthly payment 2. Installation of all necessary equipment components of the video surveillance system at the designated areas. This includes all licenses, software, hardware, devices and connections, wiring harness and mounting hardware 3. Testing, installation and configuration of all necessary systems, and interfaces to the video surveillance system and video cameras in the designated areas 4. Provide twenty-four (24) hour, 7 days a week product, system and technical service support during the term of this agreement, and respond to calls/contacts for support, repairs/replacements within twenty four (24) hours from initial call/contact made by the City of College Station Page 42 of 197 Exhibit A: Business Requirements 11/17/20 Page 4 5. Provide user and system training to the necessary personnel on use, troubleshooting, installation and removal of equipment and system operations prior to installation of all cameras/devices 6. Provide training on software/app/system and functionality in order to ensure staff has a complete understanding of system, app, equipment and services 7. Vendor must work with the City’s Information Technology (IT) Department regarding software compatibility, network configuration and installation prior to implementation 8. The vendor shall provide a System Implementation Plan that includes a detailed plan showing how the services will be provided and managed. The plan shall include roles and responsibilities of the vendor as well as the City staff for all tasks necessary to complete the system implementation 9. During the system implementation, the vendor must have a resource assigned as the main point of contact for the coordination, tracking and execution of the implementation 10. During the system implementation, the vendor shall provide weekly reports detailing project progress, tasks completed and upcoming tasks. These reports shall detail roles and responsibilities of the vendor as well as the City’s staff for all tasks listed. 11. The vendor must provide a point of contact that can be reached 24 hours a day, seven days per week 12. The vendor must clearly specify warranty, performance guarantee(s), software license (s), and ongoing software maintenance terms, condition and pricing 13. The vendor’s policy on software upgrades, enhancements, and on-going software shall also be addressed 14. The vendor must provide devices and product warranty 15. The vendor must provide repairs, replacements and equipment upgrades as needed as part of the maintenance support agreement Page 43 of 197 Exhibit A: Business Requirements 11/17/20 Page 5 9. Milestones and Payment Schedule Milestone Percentage Due Effective Date of Contract – For equipment purchase 25% Municipal Court Installation, Testing and City’s Acceptance 50% Final Design & System Documentation and System Walkthrough 25% City’s acceptance will be verified by the City of College Station’s IT Network Administrator and the Department’s owner of the facility that the portion/milestone of the project is complete in accordance with this SOW and contract. 10. Expected Minimum Deliverables Activity & Deliverable Analysis to determine gaps in existing camera placement and recommendations for changes and placement of new cameras to optimize video coverage. Recommendations to be based on range of view, weather conditions, light conditions, risk to cameras by vandalism or other realistic harm All necessary equipment, including all hardware, devices, wiring, mounting hardware, etc. Installation of all necessary equipment components, including all hardware, devices and connections, wiring harness, mounting hardware, Cat6 Ethernet, repairing/adding or replacing conduit where needed All software/system necessary to provide the business requirements specified in this document System Implementation Plan Test Plan and User Acceptance Testing plan, including the City of College Station IT Network Division to verify server(s) and network configuration is done according to the City’s IT standards System and product support 24/7 User Training, including all software and passwords to access, manage and configure cameras and video storage System Training, including system debug process and installation and removal of devices System and equipment documentation, including system and user’s guides System full access to all personnel designated by the City of College Station Final equipment location drawings and wiring diagrams, including inventory of all equipment and software Removal of damaged/malfunctioning cameras/devices Final Project Completion walkthrough Page 44 of 197 Exhibit A: Business Requirements 11/17/20 Page 6 11. Attachments Municipal Court Building (First Floor) Page 45 of 197 Exhibit A: Business Requirements 11/17/20 Page 7 Municipal Court Building (Second Floor) Page 46 of 197 ASAP Security Services 8713 Fallbrook Houston, TX 77064 Phone: (877) 418-2727 Fax: (800) 480-8227 Prepared especially for City of College Station - Municipal Court Building On Tuesday, October 13, 2020 Prepared by Reed Newberry rnewberry@serviceasap.com Proposal: 13573 Created: 8/21/2020 Printed: 10/13/2020 Page 47 of 197 Proposal: 13573Proposal for City of College Station - Municipal Court Building 8/21/2020 Page: 2 Quantity TotalDescription IP Camera Server HD NVR4 PRM 96TB 2U Rack Mnt, Windows Server 2016 $36,000.00 1 Avigilon HD-NVR4-SFPPLUS-SR- SFP+ 10GBASE-SR Optical Transceiver $258.33 1.00 IP Camera Licenses ACC 7 Enterprise Edition camera license $15,080.00 52 IP Cameras 4.0 MP WDR, LightCatcher, Day/Night, Indoor Dome, 3.3-9mm f/1.3 P-iris lens, Next-Generation Analytics $32,970.00 35 4.0 MP WDR, LightCatcher, Day/Night, Outdoor Dome, 3.3-9mm f/1.3 P-iris lens, Integrated IR, Next-Generation Analytics $2,284.00 2 4.0 MP WDR, LightCatcher, Day/Night, Pendant Dome, 3.3-9mm f/1.3 P-iris lens, Next-Generation Analytics. Must use with a H4A-MT-WALL1 or H4A-MT-NPTA1 $5,160.00 5 Wall Bracket For Use With H4A-DP Pendant Dome Cameras $300.00 5 8.0 MP (4K) WDR, LightCatcher, 4.9-8mm f/1.8 P-iris lens, Integrated IR, Next-Generation Analytics $3,000.00 2 H4 Bullet Camera Junction Box $180.00 2 4x 5 MP, WDR, LightCatcher, 2.8mm, Camera Only $10,500.00 5 3 X 5 MP, WDR, LightCatcher, 4mm Camera Only $5,400.00 3 Pedant wall mount adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor $760.00 8 Outdoor pendant mount adapter, must order one of IRPTZ-MNT- WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1 or H4AMH-DO-COVR1-SMOKE $1,280.00 8 Dome bubble and cover, for outdoor surface mount or pendant mount, clear $1,280.00 8 Optional IR illuminator ring, up to 30m (100ft), for use with H4AMH-DO-COVR1 $2,640.00 8 Corner mount adapter for use with H4A-MT-WALL1, H4-BO-JBOX1, H4SL, H4F and H4 PTZ cameras. $450.00 5 Pole mount adapter for use with H4A-MT-WALL1, H4-BO-JBOX1, H4SL, H4F and H4 PTZ cameras. $180.00 2 IP Camera Switch, Rack and UPS Battery Backup Single Port PoE Injector Gigabit, 60W, NA for use with H4IR PTZ $1,266.64 8 48 Port Cat6 Patch Panel $280.00 1 24 Port Cat6 Patch Panel $149.17 1 Cat6 Patch Cable 10'$312.00 52.00 Power Supply 8 8 Outputs 12/24 VDC 6 Amp $322.27 1 12V 8 AH Battery $22.92 1 Louroe Verifact Microphone $1,640.00 8.00 1000 VA UPS Rack/Wall/Tower, 6 Outlets $754.55 1 IP Camera Ancillary, Miscellaneous Materials and Cable 8713 Fallbrook Houston, TX (877) 418-2727 service@asapss.com Page 48 of 197 Proposal: 13573Proposal for City of College Station - Municipal Court Building 8/21/2020 Page: 3 22/4 Plenum Cable $323.64 2.00 CAT6 Cable PVC Green $2,310.00 11.00 Cat6 RJ45 Connectors $96.86 2.00 16'' X 16" X 10" Nema 3R Aluminum Pole Mount Cabnet W/ Tower Mount Bracket $750.00 2 4' 105CFM-115 VAC Fan And Thermostat Assembly Installed $463.34 2 Tough Switch 8 Gigabit PoE Ports 150 W Power $545.10 2 LiteBeam, 5GHz, 16 DBi Point To Point/Multi-Point $96.08 1 NanoStation AC 5GHz airMAX ac CPE $372.54 2 12ft Metal 3x3 Pole $133.33 1.00 19' - 20' Scissor Lift - Weekly Price $865.71 1.00 Miscellaneous Materials $3,357.14 1.00 Shipping and Handling $583.33 1.00 IP Camera Installation Labor Labor for Installation Project Managment - Non Taxable $2,400.00 20.00 Cad Design Engineer - Non Taxable $1,760.00 16.00 Labor for Installation Prewire - Non Taxable $10,450.00 110.00 Labor for Installation Trim Out Of Devices - Non Taxable $10,450.00 110.00 Labor for Installation Program/Testing/Commission System(s) - Non Taxable $4,750.00 50.00 Labor for Installation Training - Non Taxable $1,140.00 12.00 Travel Hours - Non Taxable $8,500.00 100.00 Your Price:$171,816.95 Total:$171,816.95 Prices are firm until 12/31/2020 Terms: Due Upon Receipt Quoted by:Reed Newberry, rnewberry@serviceasap.com Date: 8/21/2020 Job Scope: Agivilon IP Camera System for the College Station Municipal Court Building and Parking lots. Avigilon H4 360° Multisensor Cameras for coverage of front parking lot and building exterior coverage. Ubiquiti Point-to-Point antennas for data communication off the front parking lot poles. Front parking lot poles will need clean constant power to the 16x16 nema outdoor boxes. Avigilon H4 180° Multisensor Cameras for back parking lot. Two outdoor cameras for coverage of the Judge's exit door. Please see camera map for all interior camera locations. Loure Verifact microphones will be placed at all front counter location, fire dept. front lobby counter, and upstairs front desk. ASAP will replace analog camera in the elevator with an IP camera, any and all travel cable requirements must be done by the elevator company. If above elevator cab work is required, elevator company must do the needed work. Work and items NOT included unless specifically identified above; - scissor/boom lifts - single phase power - painting, patching and/or millwork - floor, wall or roof penetrations requiring coring 8713 Fallbrook Houston, TX (877) 418-2727 service@asapss.com Page 49 of 197 Proposal: 13573Proposal for City of College Station - Municipal Court Building 8/21/2020 Page: 4 - fire wall penetrations - all conduit, boxes, fittings, and/or device rough-in - elevator cab or shaft work Electrician to provide - all power required for head-end equipment, remote power supplies and switches as required for parking lot poles. End user to provide; -Constant Internet Connection with Static IP. Any questions regarding this proposal can be addressed to; Reed Newberry 832-919-3190 cell rnewberry@asapss.com Date:Accepted by: Due to state law, no work on Fire Alarm Installations / Remodels will be performed without proper submittals to the AHJ and a valid Installation/Remodel permit in hand. All Conduit Labor and Material is by others unless specified. Phone Lines are required for both Burglar and Fire Alarm Panels to communicate to a central station and are by others. Network connectivity to alarm panels or computer related equipment by others. ASAP Security provides monitoring of alarm systems, and those fees are additional to this quote and require a monitoring contract. Service Contracts are also an option and require a separate contract and fees. All Fire, Burg and Access Control Alarm Monitoring Permits are the responsibility of the Building Owner. 8713 Fallbrook Houston, TX (877) 418-2727 service@asapss.com Page 50 of 197 Contract No.___________ General Service Contract Form 05-01-19 EXHIBIT B PAYMENT SCHEDULE The Contractor must submit monthly invoices to the City, accompanied by an explanation of charges, fees, services, and expenses. The City will pay such invoices in compliance with the Texas Prompt Payment Act. -OR- Payment is a fixed fee in the amount listed in Article I of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The City will pay such invoices in compliance with the Texas Prompt Payment Act. Schedule of Payment for each phase: Payment 1 Payment for Equipment purchased, upon inspection of inventory and receipt of invoice 25% of $171,816.95 $ 42,954.24 Payment 2 Municipal Court Installation, Testing and City Acceptance upon receipt of invoice 50% of $171,816.95 $ 85,908.48 Payment 3 Final Design and System Documentation and System Walk through upon receipt of invoice 25% of $171,816.95 $ 42,954.23 Grand Total $ 171,816.95 Page 51 of 197 Contract No.___________ General Service Contract Form 05-01-19 EXHIBIT C CERTIFICATES OF INSURANCE Page 52 of 197 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/21/2020 Higginbotham Insurance Agency,Inc. 11700 Katy Freeway #1100 Houston TX 77079 Ashley Enrique 817-349-2279 817-347-6981 aenrique@higginbotham.net Atlantic Specialty Insurance Company 27154 ASAPS Texas Mutual Insurance Company 22945ShrinkStoppersdbaASAPSecurityServices,LLC 8713 Fallbrook Dr. Houston TX 77064 136649171 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 1,000,000 2,000,000 X X 7110165340002 12/31/2019 12/31/2020 2,000,000 A 1,000,000 X 7110165340002 12/31/2019 12/31/2020 A X X 5,000,000711016534000212/31/2019 12/31/2020 5,000,000 B X N 0002014333 12/31/2019 12/31/2020 1,000,000 1,000,000 1,000,000 A Errors or Omissions Liability 7600105410001 12/31/2019 12/31/2020 Each Claim Aggregate Limit $1,000,000 $1,000,000 The General Liability (Including Completed Operations)and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status and General Liability,Automobile Liability and Workers'Compensation policies includes a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract that requires such status. The General Liability policy has a blanket Primary &Non Contributory endorsement that affords that coverage to certificate holders only where there is a written contract between the Named Insured and the certificate holder that requires such status. Umbrella is Follow Form. See Attached... City of College Station Attn:Risk Management PO Box 9960 College Station TX 77842 Page 53 of 197 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: ASAPS 1 1 Higginbotham Insurance Agency,Inc.Shrink Stoppers dba ASAP Security Services,LLC 8713 Fallbrook Dr. Houston TX 77064 25 CERTIFICATE OF LIABILITY INSURANCE Project: Install integrated and trusted Video Surveillance Platform for City Hall,HResources,PWorks and UCS buildings Page 54 of 197 December 10, 2020 Item No. 3.6. Cisco Smartnet 3-Year Flex Plan Contract Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on Cisco Collaboration Flex Plan Enterprise-Wide Calling, Smartnet Renewal Technology Service Contract. Relationship to Strategic Goals: 1.Good Governance 2.Core Services and Infrastructure Recommendation(s): Staff recommends approval of the technology service contract for renewal of the Smartnet services. Summary: This is a contract for a three-year flex agreement in the amount of $137,597.11 for the services and licenses used in the Cisco Phone System. As part of the phone system, a yearly Smartnet contract is used for the maintenance and upkeep of the City’s phone system.The yearly cost of this Smartnet contract has increased over the years and is on average about $60,000 per year. By locking into the 3-year flex agreement contract, the licensing and Smartnet software upgrades are combined at a reduced yearly cost with a potential savings of $10k-15k/per year. Budget & Financial Summary: The implementation is funded out of the IT Operating Budget. Reviewed & Approved by Legal: No Attachments: 1.21300147 Great south TX Corp dba Comp Solutions CRC 111620 Page 55 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 1 TECHNOLOGY SERVICES CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home- Rule Corporation (the “City”) and Great South Texas Corp dba Computer Solutions, a Texas Corporation (the “Consultant”), whereby Consultant agrees to perform and the City agrees to pay for the work described herein. ARTICLE I SCOPE OF SERVICE 1.01 This Contract is for Cisco Collaboration Flex Plan Enterprise Wide Calling, Smartnet Renewal (the “Project”). The scope and details of the work to be provided to the City by Consultant for the Project are set forth in Exhibit “A” to this Contract and are incorporated as though fully set forth herein by reference (the “Work”). Consultant agrees to perform or cause the performance of all the work described in Exhibit “A.” 1.02 Consultant agrees to perform the work described in Exhibit “A” hereto and the City agrees to pay Consultant a fee based on the rates set forth in Exhibit “B” to this Contract for the Work performed by Consultant. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City’s receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Consultant shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Consultant has not yet been paid. ARTICLE II PAYMENT 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all Work to be performed under this Contract may not, under any circumstances, exceed One Hundred Thirty-Seven Thousand, Five Hundred Ninety-Seven and 11/100 Dollars ($137,597.11). ARTICLE III CHANGE ORDERS 3.01 The City may from time to time request changes in the scope and focus of the Work to be conducted by Consultant pursuant to this Contract, provided, however, that any such change that in the opinion of Consultant, the City Manager, or the City’s Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Consultant and the City’s Project Manager. (a) When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more Page 56 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 2 than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council; and (c) Any request by the Consultant for an increase in the Scope of Work and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such work or the right to payment for such additional work shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such Work is additional to the Scope of Work included in this Contract, the Consultant agrees to continue providing on a timely basis all work to be provided by the Consultant hereunder, including any Work as to which there is a dispute. ARTICLE IV TIME OF PERFORMANCE 4.01 Except as provided in Article XI hereinbelow, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 4.02 Time is of the essence of this Contract. The Consultant shall be prepared to provide the Work in the most expedient and efficient manner possible in order to complete the work by the times specified. 4.03 Consultant promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Consultant agrees to perform any and all Project- related tasks reasonably required of it by the City in order to fulfill the purposes of the Work to be performed. The Work of Consultant under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit “A.” Page 57 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 3 ARTICLE V INDEPENDENT CONTRACTOR AND NONSOLICITATION 5.01 Independent Contractor. In all activities or work performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant, as an independent contractor, shall be responsible for the final product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment and labor required for the execution of the Work on the Project. The Consultant shall have ultimate control over the execution of the Work under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subcontractors except to the limited extent provided for in this Contract. Consultant shall be liable for any misrepresentations. Any negotiations by the Consultant on the City’s behalf are binding on the City only when within the Scope of Work contained herein and approved by the City. 5.02 Nonsolicitation. Consultant recognizes and understands that it will be interacting with City employees when performing Work under this Contract, and that it may cause irreparable harm to the City should one or more City employees perform work for Consultant either directly or indirectly. Because of this, Consultant agrees that it shall not directly or indirectly, personally or through others, solicit or encourage, or attempt to solicit or encourage on Consultant’s own behalf or on behalf of any other person or entity for hire or use the work of any employee or other consultant of the City or any of City’s agents or officials. Consultant agrees to adhere to this requirement for a minimum of one year following termination of this Contract. This provision shall survive termination of this Contract. ARTICLE VI AUTHORIZATION 6.01 The City shall direct Consultant to commence Work on the Project by sending Consultant a "letter of authorization" to begin Work on the Project. 6.02 Upon receipt of the letter of authorization to begin Work on the implementation of the Project, Consultant shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City’s staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City’s management staff; documenting study assumptions, methodologies and expectations; devising the criteria to be met for both interim goals and final completion of the Work. 6.03 Consultant shall consult with the City and may, in some limited circumstances, act as the City’s representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Consultant shall be an independent consultant at all times and is not to be considered either an agent or an employee of the City. ARTICLE VII WARRANTY Page 58 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 4 7.01 As an experienced and qualified professional, Consultant warrants that the Work provided by Consultant reflects high professional and industry standards, procedures, and performances. Consultant warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other work under this Contract, pursuant to a high standard of performance in the field in which Consultant works. Consultant warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the work pursuant to this Contract. Approval or acceptance by the City of any of Consultant’s work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Consultant, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Consultant’s responsibilities under this Contract. Nor shall the City’s approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the Project’s Work products prepared by Consultant, its employees, associates, agents, or subconsultants. 7.02 Consultant shall keep the City informed of the progress of the Work and shall guard against any defects or deficiencies in its work. 7.03 Consultant shall be responsible for using due diligence to correct errors, deficiencies or unacceptable Work. Consultant shall, at no cost to the City, remedy any errors, deficiencies or any Work found unacceptable, in the City’s sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable Work. 7.04 Consultant’s work product shall be the exclusive property of the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memorandum, models, and equipment of any nature that are within Consultant’s possession or control and that are the City’s property or relate to the City or its business. ARTICLE VIII INDEMNIFICATION AND RELEASE 8.01 Indemnity. The Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees, volunteers and agents (separately and collectively referred to in this paragraph as “Indemnitee”), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Consultant, any of its subconsultants of any tier, or of any employee or invitee of Consultant or of any such subconsultants, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Consultant or by any such subconsultants of any tier, under this Contract. 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. Page 59 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 5 8.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 8.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 8.03 Release. The Consultant releases, relinquishes, and discharges the City, its officers, agents, volunteers and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE IX INSURANCE 9.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subconsultants. The policies, limits and endorsements required are as set forth below: 9.02 Types. During the term of this Contract Consultant’s insurance policies shall meet the minimum requirements of this section. (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation/Employer’s Liability. (d) Professional Liability. (e) Cyber Liability. 9.03 Certificates of Insurance. For each of these policies, the policy shall be endorsed to show the Consultant’s insurance coverage as primary with respect to the City, its officials, agents, employees and volunteers. Any insurance or self-insurance carried or obtained by the City, its Page 60 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 6 officials, agents, employees or volunteers, shall be considered in excess of the Consultant’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Contract, on the most current State of Texas Department of Insurance-approved forms, attached hereto as Exhibit C, and approved by the City before work commences. 9.04 Additional Insurance. The Consultant shall include all subconsultants as Additional Insureds under its policies, or shall furnish separate certificates and endorsements for each subconsultant. Coverages for subconsultants shall be subject to all requirements stated herein. 9.05 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed insurance carriers authorized to do business in the State of Texas shall be accepted. (b) Deductibles shall be listed on the certificate of insurance and are acceptable only on an “occurrence” basis. (c) “Claims made” policies are not accepted, except for Professional Liability insurance. (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. Each certificate shall contain the following provisions and warranties: i. The licensed insurance company is authorized to do business in the State of Texas ii. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO iii. All endorsements and coverages are included according to the requirements of this Contract iv. The form of notice of cancellation, termination, or change in coverage provisions is specified in this attachment (f) The City of College Station, its officials, agents, employees, and volunteers are to be named as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, agents, employees, and volunteers. Page 61 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 7 9.06 Commercial General Liability requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be written by a carrier rated “A: VIII” or better in accordance with the current A. M. Best Key Rating Guide. (b) Minimum limits of liability of $1,000,000 per occurrence per project with a $2,000,000 annual aggregate limit. (c) Coverage shall be at least as broad as Insurance Service's Office (ISO) Number CG 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for the City’s review and acceptance. (e) The City shall be named as Additional Insured and policies endorsed to waive rights of subrogation and to be primary and non-contributory with regard to any self- insurance or insurance policy held by the City. 9.07 Business Automobile Liability requirements. The following Business Automobile Liability requirements shall apply: (a) Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. 9.08 Workers’ Compensation/Employer’s Liability Insurance requirements. The Workers’ Compensation/Employer’s Liability insurance shall include the following terms: (a) Employer’s Liability limits of $1,000,000 for each accident is required. (b) “Texas Waiver of Our Right to Recover from Others Endorsement, WC 42 03 04” shall be included in this policy. (c) Texas must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. 9.09 Professional Liability requirements. The following Professional Liability requirements shall apply: (a) Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. Page 62 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 8 (b) Minimum limits of liability of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000 unless otherwise agreed in writing by both parties. Financial statements shall be furnished to the City upon request. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of work for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. 9.10 Cyber Liability. Minimum limits of $2,000,000 for third party losses. Coverage must include: (a) Event Management; (b) Unauthorized Access/use; (c) Computer Virus; (d) Denial of Service Attack; (e) Libel, Cyber-libel, Slander, Product Disparagement; (f) Violation of Right of Privacy; (g) Regulatory Costs; (h) Privacy Costs- Privacy Injury and Identity Theft; (i) Programming Errors & Omissions Liability; (j) Replacement or Restoration of Electronic Data (First Person); (k) Extortion Threats; (l) Business Income and Extra Expense (to $1 million); (m) Public Relations Expense; and (n) Security Breach Expense. ARTICLE X TECHNOLOGY REQUIREMENTS 10.01 Cloud Provider. When some or all of the Contractor’s Work involve being a Cloud Provider, the following shall apply: (a) Security Policies and Procedures. The Contractor shall provide the City with copies of its information security policies and procedures within three (3) business days upon City’s request covering: i. Data Classification and privacy; Page 63 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 9 ii. Security training and awareness; iii. Systems administration, patching and configuration; iv. Incident response; v. Managing workstations, mobile devices and antivirus applications; vi. Backups, disaster recovery and business partners and contractors; vii. Audit and testing schedules; viii. Requirements for third-party business partners and contractors; ix. Compliance with information security or privacy laws, rules, regulations or standards; x. Evidence of background checks that support security of sensitive or confidential information; xi. Disclosure of previous data breaches; and xii. Any other relevant information regarding security policies or procedures. (b) Industry Best Practices. Contractor must provide all services using the best commercially-available security technology and techniques according to industry best practices and standards; the City’s security standards, policies and procedures including those relating to fraud prevention and detection and any other inappropriate system and network use or access, including: i. Providing secure (SSL, HTTPS, or similar) access to all levels of users as defined by the City via the internet; ii. Having controls meeting applicable laws and the latest Framework for Improving Critical Infrastructure Cyber security from National Institute of Standards and Technology (NIST) or compatible industry security frameworks; iii. Completely testing and applying patches for hardware bios/firmware, bare metal operating systems (e.g. VMware ESXi), virtualized server operating systems, and software products before release; and iv. Having all servers providing work to the City solely physically located within the continental United States of America. Contractor must house all servers and equipment in an operational environment meeting industry standards including a climate-controlled room with a fire and security hazard detection system and a network and electrical redundancy system, including backup Uninterruptable Power Supply (UPS) and automatic fail- over stand-by generators and physical security. (c) Data Breach. i. Notice. Contractor must immediately notify the City by telephone and email no later than twenty-four (24) hours if there is a reasonable probability of a data security incident. Contractor must send a written letter following up on Page 64 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 10 the data security incident within forty-eight (48) hours following a data breach. The Contractor must: 1. Cooperate with the City’s request to investigate and resolve the incident in a timely manner; 2. Promptly implement necessary remedial measures; and 3. Document responsive actions taken related to the data breach, including any post-incident review and actions taken to make changes in business practices in providing the work, if necessary. ii. Contractor Agreement Breach. If a data breach results from Contractor’s breach of the Contract, Contractor must: 1. Bear any costs associated with the investigation and resolution of the data breach 2. Notify individuals, regulators and all others required by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information; 3. Engage a credit monitoring service or identity protection service; 4. Publish a website or toll-free number and call center for affected individuals as required by state or federal law; 5. Complete all corrective actions as reasonably determined based on root cause; and 6. Send the City written findings and remedial measures from the data breach. (d) Preventive Security Procedures. Contractor must: i. Provide on-going software updates as they become available complying with the defined maintenance windows. The Contractor must completely test updates; including any bug fixes, patches and other improvements; ii. Monitor system and error logs and perform preventive maintenance to minimize and predict system problems, including initiating and completing an appropriate response; iii. Conduct a third-party independent security/vulnerability assessment at its own expense at least annually and submit the results of such assessment to the City; iv. Agree to third-party application and vulnerability security scans and schedules; v. Comply with the City’s directions/resolutions to remediate security/vulnerability assessment results aligning with City Security Vulnerability Assessment Standards; Page 65 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 11 vi. Limit logical and physical access to all system components and provide access only to those individuals with a business need for work provided. Individuals who have access to systems and data must have a criminal background check; vii. Annually audit the data center through an independent third-party auditor. Audit results must form part of the Contractor’s applicable Service Organization Control (SOC) report. The audit results must comply with industry standard controls for data security and disaster recovery that the Contractor shall report to the City in writing; and viii. Take all necessary measures to protect the data and encryption keys including, but not limited to the off-site servers daily backup according to industry best practices and encryption techniques. (e) Disaster Recovery. Contractor must comply with any and all City disaster recovery and resiliency protocols to prevent system interruption. In the event of system breach, Contractor shall notify the City and restore the system within twenty-four (24) hours from discovery of breach. (f) Closeout. i. Agreement Expiration. When the Agreement term expires or terminates, and at any other time at the City’s written request, Contractor must promptly return to the City all intellectual and physical property subject to the Agreement including, but not limited to system configuration data and information in file or document formats in the Contractor’s possession or control. ii. Access. The City will have access to export and retrieve its data for no less than ninety (90) days after the Agreement expiration or termination date. The City must be able to access its data at any time during the Agreement term in a readily readable, structured and documented format, such as CSV- format or some other standard format offered by the Contractor. The Contractor must provide the City transition work after Agreement expiration or termination at Contractor’s then-current and generally- charged hourly rates. iii. Data Removal. At the City’s request upon Agreement expiration or termination, the Contractor must remove, delete, purge, overwrite or otherwise render inaccessible within a reasonable time, all City data remaining on Contractor’s servers to the extent possible based on the then- current technology available. Contractor must provide the City a written and signed statement confirming data has been deleted, purged, overwritten or otherwise rendered inaccessible. The Contractor will not otherwise delete the City’s data without City’s prior written consent. 10.02 Premise Solutions. When some or all of the Contractor’s Work involve providing Premise Solutions, the following shall apply: Page 66 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 12 (a) Requirements: Contract must: i. Provide the City with its security architecture. The security architecture must at a minimum meet applicable laws and the latest Cybersecurity Framework for Improving Critical Infrastructure from National Institute of Standards and Technology (NIST) or compatible industry security frameworks; ii. Have data access limited to only required support service; iii. Evidence of background checks that support security of the City’s sensitive or confidential information; iv. Notify the City within twenty-four (24) hours when any patches resulting from security vulnerability and threats become available; v. Provide City with all applicable security assessments, audits and certifications related to system security annually; vi. Train City staff on security-related procedures regarding system operation and maintenance; and vii. Take all necessary measures to protect the City’s data and data encryption when applicable. (b) Data Breach. i. Notice. Contractor must immediately notify the City by telephone and email no later than twenty-four (24) hours if there is a reasonable probability of a data security incident. Contractor must send a written letter following up on the data security incident within forty-eight (48) hours following a data breach. The Contractor must: 1. Cooperate with the City’s request to investigate and resolve the incident in a timely manner; 2. Promptly implement necessary remedial measures; and 3. Document responsive actions taken related to the data breach, including any post-incident review and actions taken to change business practices in providing the work, if necessary. ii. Contractor Agreement Breach. If a data breach results from Contractor’s breach of this Agreement, Contractor must: 1. Bear any costs associated with the investigation and resolution of the data breach; 2. Notify individuals, regulators and all others required by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information; 3. Engage a credit monitoring service; Page 67 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 13 4. Publish a website or a toll-free number and call center for affected individuals as required by state or federal law; 5. Complete all corrective actions as reasonably determined based on root cause; and 6. Send the City written findings and remedial measures from the data breach. (c) Data Removal. At the City’s request upon Agreement expiration or termination, the Contractor must remove, delete, purge, overwrite or otherwise render inaccessible within a reasonable time, all City data remaining on Contractor’s servers to the extent possible based on the then-current technology available. Contractor must provide the City a written and signed statement confirming data has been deleted, purged, overwritten or otherwise rendered inaccessible. The Contractor will not otherwise delete the City’s data without City’s prior written consent. 10.03 Background Checks. The Consultant agrees to assume all responsibility for and to perform background checks on all its employees, agents and assigns working on the Project. Such background checks include but are not limited to, criminal records and civil judgments, professional license verifications, motor vehicle records, social security number, court records, military service records, other public records reports, and verifications of employment, and education. This must be done prior to such individuals commencing their work on the Project. Consultant agrees to produce any and all background checks information as described herein when requested to the City. To the degree allowed by applicable law, City agrees to keep such information confidential. 10.04 Change Management. Any major change to the system shall be authorized and approved by the City. The changes will follow the change management process outlined by the City and in accordance with this Contract. All enhancements and upgrades shall be included in the change management scope of work. All changes will be reasonably tested by the vendor in accordance with the requirements of the City. All major upgrades with exception to emergency upgrades, such as to address a vulnerability, will be scheduled on a calendar and back-out plans presented to the City. 10.05 Work Completion. Unless explicitly provided for otherwise in this Contract or expressly mutually agreed upon by the parties in writing, the Work will be considered complete when it functions in the City’s current technology environment. Page 68 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 14 ARTICLE XI TERMINATION 11.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the work performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the work performed and expenses incurred prior to the date of termination. 11.02 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City or because of any breach of contract by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE XII MISCELLANEOUS TERMS 12.01 Venue and Applicable Law. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 12.02 Notices. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: CITY: CONSULTANT: City of College Station Great South Texas Corp dba Attn: Isaias Hernandez Computer Solutions P.O. Box 9960 Attn: David Balli College Station, Texas 77842 814 Arion Parkway, STE 101 ihernandez@cstx.gov San Antonio, TX 78216 dballi@comsoltx.com 12.03 Performance of Work. Consultant, its employees, associates or subconsultants shall perform all the Work hereunder. Consultant agrees that all of its associates, employees, or subconsultants who work on this Project shall be fully qualified and competent to do the Work described hereunder. Consultant shall undertake the Work and complete it in a timely manner. 12.04 Compliance. The Consultant shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Consultant may not knowingly obtain the labor or work of an unauthorized alien. The Consultant, not the City, must verify eligibility for employment as required by IRCA. Page 69 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 15 12.05 Waiver. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 12.06 Assignment. This Contract and all rights and obligations contained herein may not be assigned by Consultant without the prior written approval of the City. 12.07 Invalidity. If any provision of this Contract 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 Contract with legal terms and conditions approximating the original intent of the parties. 12.08 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 12.09 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 12.10 Bound by Terms. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 12.11 Effective. This Contract goes into effect when duly approved by all the parties hereto. 12.12 No Boycott Israel. To the extent this Contract is considered a contract for goods or work subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract. Page 70 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Page | 16 List of Exhibits A. Scope of Work B. Payment Schedule C. Certificates of Insurance GREAT SOUTH TEXAS CORP DBA CITY OF COLLEGE STATION COMPUTER SOLUTIONS By: By: Printed Name: City Manager Title: Date: Date: APPROVED: City Attorney Date: _________________ Assistant City Manager/CFO Date: _________________ Page 71 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Exhibit A Scope of Work Please see attached quote #1026505 dated September 29, 2020 Page 72 of 197 Grea t So uth Te xa s C o rp dba C o mpute r So lutio ns 814 Arion P arkway, S uite 101 S an Antonio, Texas 78216 U nited S tates http://www.comsoltx.com (P ) (210) 369-0300 (F) 210-369-0389 Da te S ep 29, 2020 09:39 AM C D T Expira tion Da te 12/14/2020 Mo dified Da te N ov 05, 2020 04:33 P M C S T Quote (O pen) Do c # 1026505 - rev 1 of 1 De s criptio n 3 Year C isco FLE X Agreement w C C X & S M ARTnet Sa le s Re p C ook, Tyler (P ) 210-369-0301 C us tome r C o nta ct E verett, C had (P ) 979-764-5060 ceverett@ cstx.gov C ustomer C ity of C ollege S tation (C OC S ) E verett, C had 1101 Texas Ave P O Box 9960 C ollege S tation, TX 77842 U nited S tates (P ) 9797643555 B ill To C ity of C ollege S tation 1101 Texas Ave P O Box 9960 C ollege S tation, TX 77842 U nited S tates (P ) 9797643555 Ship To C ity of C ollege S tation 1101 Texas Ave P O Box 9960 C ollege S tation, TX 77842 U nited S tates (P ) 9797643555 C o ntra c t Pro gra ms: C isco D IR-TS O-4167 E xpires 07/03/2021 - C isco C e rtifica tions: WBE /S BE /HU B# 1942650013800 E xp: 04/26/2022 Custom er PO:Term s: U ndefined Ship V ia: FedE x Ground Special Instructions:Carrier A ccount #: # Description Part #Qty Unit Price Total 3 Year Flex A greem ent w/ CCX Contract Start Date 12/12/2020 / A nnual Billing through 12/11/2023 1 C isco C ollaboration Flex P lan E nterprise-Wide C alling On-P remise license - hosted - Tier 1 A-FLE X- E AP L 1 7200 $4.63 $33,336.00 N ote: 3 Year C isco FLE X Agreement with Annual Billing Flex C ontract S tart Date - 12/12/2020 1st year of 3 year agreement (Annual C ost): $33,336.00 Total 3 year cost: $100,008 2 C isco C ollaboration Flex P lan C ontact C enter On-P remises U nified C ontact C enter E xpress P remium License - 1 concurrent agent - on-premise A-FLE X- P JXP C 372 $27.41 $10,196.52 N ote: 3 Year C isco FLE X Agreement f or C ontact C enter Licenses with Annual Billing Flex C ontract S tart Date - 12/12/2020 1st year of 3 year agreement (Annual C ost): $10,196.52 Total 3 year cost: $30,589.56 S ubtotal $43,532.52 Updated 1 YEA R SMA RTnet Renewal Cost - Coverage Dates through 1/31/2021 3 C isco S martnet Renewal - 1 Year S WS S E liminated - S N T on equipment only. P lease see attachment f or coverage. S MARTN E T 1 $6,999.55 $6,999.55 N ote: C isco IS R 4331 U C Bundle, P VDM4-32, U C License - FLM 2036W17L C isco IS R 4331 U C Bundle, P VDM4-32, U C L icense - FLM2036W17S C isco IS R 4331 U C Bundle, P VDM4-32, U C L icense - FLM2036W17M M odular 48 FXS P ort VoIP Gateway with P VDM3-128 - FJC 2144D003 M odular 48 FXS P ort VoIP Gateway with P VDM3-128 - FJC 2143D1WW M odular 48 FXS P ort VoIP Gateway with P VDM3-128 - FJC 2144D00X M odular 24 FXS P ort VoIP Gateway with P VDM3-64 - FJC 2146D0VT M odular 24 FXS P ort VoIP Gateway with P VDM3-64 - FJC 2146D0W4 M odular 24 FXS P ort VoIP Gateway with P VDM3-64 - FJC 2146D0U N C isco C atalyst 3850 12 P ort 10G Fiber S witch IP S ervices - FC W2238D09F C isco C atalyst 3850 12 P ort 10G Fiber S witch IP S ervices - FOC 2238X08H Page 73 of 197 S ubtotal $6,999.55 # Description Part #Qty Unit Price Total Thank you for the opportunity to provide this quote. Due to the recent COV ID-19 pandem ic, shortages in com ponents m ay cause an item (s) to hav e longer than usual estim ated shipping dates. If an item goes on backorder and the m anufacturer increases the cost of the product, the increased cost will be passed onto to our custom ers. We will alert custom ers as soon as we know when a price increase on a backordered item occurs. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. Leasing Only: The inf ormation provided is a proposal and is subject to credit approval. The proposal provides an approximate monthly payment f or hardware, sof tware and services based upon the contract type and term in months. Taxes, f ees and insurance are not included. Any change in the amount financed will change this inf ormation. This document and the information contained is P ROP RIE TARY and C ONFID E NTIAL and may not be duplicated, redistributed or displayed to any other party without the written permission of C omputer S olutions. Subtotal:$50,532.07 Tax (0.000%):$0.00 S hipping:$0.00 Total:$50,532.07 Page 74 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Exhibit B Payment Terms Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the work and written acceptance by the City. Schedule of Payment for each phase: Per Year Cost: A. Cisco Collaboration Flex Plan Enterprise Wide-Calling Tier 1 (3yr flex agreement for a total of $100,008) $33,336.00 B. Cisco Collaboration Flex Plan Contact Center On-Premises Unified Contact Center Express $10,196.52 (Total 3 year cost $30,589.56) C. Cisco Smartnet Renewal for 1 year $6,999.55 Year One Cost $50, 532.07 Years Two & Three Annual Cost will include Items A & B for an Annual Cost $43,532.52 Item C can not be included within the renewal as the pricing will vary based upon equipment deleted or added to the system THREE YEAR COST $137,597.11 Page 75 of 197 Contract No. 21300147 Technology Services Contract Great South TX Corp dba Computer Solutions CRC 11-13-2020 Exhibit C Certificates of Insurance Page 76 of 197 Page 77 of 197 Page 78 of 197 Page 79 of 197 Page 80 of 197 Page 81 of 197 Page 82 of 197 Page 83 of 197 Page 84 of 197 December 10, 2020 Item No. 3.7. Annual Purchase Agreement for Dewatering Chemical (Polymer) Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an annual purchase agreement for dewatering chemical (polymer) with Fort Bend Services, Inc. not to exceed $115,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this annual purchase agreement. Summary: Polymer is a water treatment chemical that aids in the separation of solids from wastewater. It concentrates the solids in wastewater sludge for efficient treatment, allowing the removal of excess water. Polymer is essential for the efficient and effective operation of the Carters Creek and Lick Creek centrifuge processes for solids removal and disposal. Staff recommends approval of this agreement to allow purchase of polymer on an as-needed basis from Fort Bend Services, Inc. Pricing is set through the State of Texas term contract for water and wastewater treatment chemicals, contract 885-M2. This contract has been subjected to either the competitive bid or competitive proposal process based on Texas statutes under the Local Government Code Chapter 252. Budget & Financial Summary: Funds are available in the Wastewater Operations Budget. Reviewed & Approved by Legal: No Attachments: 1.Quote Page 85 of 197 Page 86 of 197 December 10, 2020 Item No. 3.8. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt relating to capital vehicle purchases Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt relating to capital vehicle purchases. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The City replaces fleet vehicles as these vehicles reach their useful lives. As part of the City department’s budgets, the departments make contributions to pay for the replacement of these vehicles. These funds are held in the Fleet Replacement Fund. Part of the plan to keep the healthy sustainability of this Fund is to purchase certain vehicles over the next few years with debt proceeds. The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this item because the long term debt that is projected to be issued for this project has not yet been issued. The debt for this project is scheduled to be issued later this fiscal year. Budget & Financial Summary: FY21 Budget in the Fleet Replacement Fund was $2,063,000 of debt proceeds to purchase certain capital vehicles for the Sanitation Utility and Public Works. Reviewed & Approved by Legal: No Attachments: 1.Vehicle Revolver DRR FY21 Page 87 of 197 Page 88 of 197 Page 89 of 197 Page 90 of 197 December 10, 2020 Item No. 3.9. Funding agreement between the City of College Station and the College Station Noon Lions Club for FY21 in the amount of $16,625 Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a funding agreement between the City of College Station and the College Station Noon Lions Club for FY21 in the amount of $16,625. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the College Station Noon Lions Club funding agreement for FY21. Summary: As part of the 2020-2021 budget process the City Council approved funding for the College Station Noon Lions Club in the amount of $16,625 from the General Fund. This item is the contract Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2020-2021 General Fund budget. A total of $16,625 is to be used for offset a portion of the costs associated with a local Fourth of July celebration. Reviewed & Approved by Legal: No Attachments: 1.21300004 Noon Lions Club Revised 11.18.20 Page 91 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF SOLID WASTE FUNDS WITH COLLEGE STATION NOON LIONS CLUB INCORPORATED This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation (“City”) and the COLLEGE STATION NOON LIONS CLUB, INCORPORATED a Texas Non – Profit Corporation (“Agency”). WHEREAS, City is aware of the need to celebrate American independence on the Fourth of July and host a local community celebration.; and WHEREAS, Agency through its purpose shares this common goal with the City by providing a local Fourth of July celebration; and WHEREAS, the City desires to assist Agency in providing for this celebration thereby serving a public purpose; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the College Station Noon Lions Club, Incorporated a Texas Non-Profit Corporation. 1.2 City means the City of College Station, County of Brazos, and the State of Texas. 1.3 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.4 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports. 1.5 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.6 Performance Measure Report means the quarterly report to determine the levels of service being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. Page 92 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 2 1.7 Event includes but is not limited to any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. ARTICLE II STATEMENT OF WORK 2.1 Agency shall provide a local Fourth of July celebration. 2.2 Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City. ARTICLE III PAYMENT 3.1 For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City shall provide funding in the amount of SIXTEEN THOUSAND SIX HUNDRED AND TWENTY FIVE AND NO/100 DOLLARS ($16,625.00) to be paid as follows: a. The total amount of SIXTEEN THOUSAND SIX HUNDRED AND TWENTY FIVE AND NO/100 DOLLARS ($16,625.00) shall be paid from the General Fund. b. The appropriated funds shall be used during the period of October 1, 2020, to September 30, 2021. c. City will pay Agency prior to the Event upon receipt of request for funds. Payment will occur within thirty days of request. 3.2 The City shall receive all reports required herein from the Agency no later than sixty (60) days after the Event. 3.3 City may require that funds be returned to City if City determines that Agency’s expenditures deviate materially from their Statement of Work or if the reports required herein are not submitted in a complete and timely manner. 3.4 Funding from the City may not be spent for the purchase or serving of alcoholic beverages. ARTICLE IV RECORDS AND REPORTS 4.1 Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. Page 93 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 3 4.2 Written Records. 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 three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this 3-year period and for as long as the records are retained by Agency. 4.3 Access to Records. Agency shall provide the City reasonable access during regular business hours to books, accounts, records, reports, files or other papers related to this Agreement belonging to or in use by Agency. Upon written request of the City, or City Manager, Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Tex. Gov’t Code, §552, as amended. 4.4 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report Agency shall respond promptly to any request from the City Manager, or his designee, for additional information relating to the activities performed under this Agreement. 4.5 Reports. The Financial Activity Reports, Performance Measure Reports, and Narrative Summary of Activity Reports shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th April 30th; July 30th, and October 30th of each contract year). 4.6 Financial Audit. A copy of the Agency financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.7 Monitoring Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how that review is to be conducted. 4.8 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. Page 94 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 4 ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of a special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public including but not limited to the Agency’s website. 5.2 Minutes. Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. 5.3 Appointees. The City shall have the option to recommend up to three (3) appointees for any vacancies that occur on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized to appoint members to the Board under the Agency’s Bylaws. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins October 1, 2020 and terminates at midnight October 31, 2021. However, the program period shall begin October 1, 2020 and terminates at midnight September 30, 2021. Only those expenditures authorized under the Statement of Work, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified hereinabove. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: Page 95 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 5 (1) Within thirty (30) days, a full accounting of all expenditures not previously reviewed by City (2) Within five (5) business days, a listing of expenditures that have occurred since the last required reporting period (3) A final accounting of all expenditures on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency. (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors. (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach. (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of such breach. 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. Page 96 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 6 ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 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 Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability; Page 97 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 7 (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; 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 licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (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. 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: Page 98 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 8 (a) Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- 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. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in Article II above. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. Page 99 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 9 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. 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. Page 100 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 10 9.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. 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. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Ross Brady Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: College Station Noon Lions Club Attn: Mary P. Walker, President 3708 E. 29th St. #209 Bryan, Texas 77802 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott Israel. 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. Page 101 of 197 Contract No 21300004 Noon Lions Club General Fund Form Revised 08-21-20 11 List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance COLLEGE STATION NOON LIONS CLUB CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: ___________ Page 102 of 197 FY21 Current Period FY21 Current Year to Date ASSETS Cash and cash equivalents Short-term investments Prepaid expenses Unconditional promises to give Cash restricted to purchase of equipment Long-term investments Contribution receivable—charitable lead trust Deposits on leased and other property Property and equipment TOTAL ASSETS LIABILITIES Accounts payable Compensation Refundable advances Long-term debt TOTAL LIABILITIES NET ASSETS Unrestricted Temporarily restricted Permanently restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS Exhibit A Statement of Financial Position - Non-Hotel Tax As Of _________________________ Outside Agency:________________________________________ Page 103 of 197 Permanently Restricted REVENUES, GAINS, AND OTHER SUPPORT     Contributions                             ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐          Capital campaign                             ‐                              ‐                              ‐                              ‐          Equipment acquisition                             ‐                              ‐                              ‐                              ‐          Endowment                             ‐                              ‐                              ‐                              ‐          Other                             ‐                              ‐                              ‐                              ‐      Federal financial assistance                             ‐                              ‐                              ‐                              ‐      Program service fees                             ‐                              ‐                              ‐                              ‐      Investment return                             ‐                              ‐                              ‐                              ‐      Change in value of split‐interest agreement                             ‐                              ‐                              ‐                              ‐      Other                             ‐                              ‐                              ‐                              ‐      Net assets released from restrictions                             ‐                              ‐                              ‐                              ‐              Expiration of time restrictions                             ‐                              ‐                              ‐                              ‐              Restrictions satisfied by charitable lead trust                              ‐                              ‐                              ‐                              ‐              Restrictions satisfied by payments                             ‐                              ‐                              ‐                              ‐  TOTAL REVENUES, GAINS, AND OTHER SUPPORT EXPENSES                             ‐                              ‐                              ‐                              ‐      Program services                             ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐      Supporting services                             ‐                              ‐                              ‐                              ‐          Management and general                             ‐                              ‐                              ‐                              ‐          Fund‐raising                             ‐                              ‐                              ‐                              ‐  TOTAL EXPENSES                             ‐                              ‐                              ‐                              ‐  CHANGE IN NET ASSETS                             ‐                              ‐                              ‐                              ‐  NET ASSETS AT BEGINNING OF YEAR                             ‐                              ‐                              ‐                              ‐  NET ASSETS AT END OF YEAR                             ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐                              ‐  Exhibit A Statement of Financial Activities ‐ Non‐Hotel Tax Unrestricted Temporarily  Restricted For the Quarter Beginning _________________ and Ending ________________ Outside Agency:________________________________________ Total Page 104 of 197 Exhibit B Narrative Summary of Activity Report Please provide a narrative summary of the quarterly activities funded by the City of College Station. Including a year-to-date summary of City-funded programming elements would also be beneficial. Use additional sheets if more space is needed. Page 105 of 197 Noon Lions Club of College Station, Texas Description & Budget Explanation: Agency shall provide the Fourth of July Celebration fireworks display. Yearly Budget Summary FY19 FY20 FY21 Actual Actual Approved $15,000 $17,500 $16,625 Program Name: Noon Lions Club of College Station, Texas Service Level: Performance Measures:FY19 FY20 FY21 Actual Actual Approved Fourth of July celebration -number of advertisements -number of attendees at event Agency shall provide the Fourth of July Celebration fireworks display. Exhibit C Performance Measure Report Page 106 of 197 Page 107 of 197 09/02/2020 College Station Noon Lions Club, 2-S5 College Station Texas Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: City of College Station The following persons or organizations granting use of real property, including structures thereon are included as Additional Insured(s), but only with respect to General Liability arising out of the use of premises by the insured shown above and not out of the sole negligence of said additional insured. *** City of College Station *** PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES City of College Station P. O. Box 9960 College Station Texas 77842 Page 108 of 197 December 10, 2020 Item No. 3.10. Amendment to a service contract with Paymentus Corporation for payment processing services increasing the annual estimated contract amount of $1,200,000 to $1,500,000. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an amendment to a service contract with Paymentus Corporation for payment processing services to incorporate additional services to be provided to the City and increase the annual estimated contract amount of $1,200,000 to $1,500,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Sustainable City Recommendation(s): Staff recommends approval of the amendment to service contract. Summary: January 23, 2020, City Council approved a service contract with Paymentus Corporation for payment processing services and full platform solution integrated with the City’s utility billing system. The City receives a lower interchange rate for municipal utilities when qualified cards are used and normal rates apply to nonqualified cards. The fees associated with utility collections are built into the utility rates currently charged. The City desires to amend the services and pricing of the service contract to include non-utility billing payments to the solution. If approved, Paymentus will integrate in real-time to the City’s Central Square Technologies Community Development (TRAKiT and eTRAKiT) solution so that Planning and Development Services will be enabled to accept and process credit cards, amongst other payment processing services, through Paymentus. In addition, other City departments can be setup in the future to enable payment processing services through Paymentus, as applicable. This platform has the possible capability of providing citizens an integrated solution for most payments made to the City. The amended service contract amount being proposed for approval is $1,500,000 annually. The second year of the initial five-year contract term commences on or after January 27, 2021. Budget & Financial Summary: Credit card processing fees for accepting credit cards are charged to each department that accepts Visa, Mastercard and Discover and included in the FY21 budget. Reviewed & Approved by Legal: No Attachments: Page 109 of 197 1.Paymentus Amendment #2 Page 110 of 197 EXHIBIT “A” - 1 - AMENDING AGREEMENT #2 City: College Station, Texas City Address: 1101 Texas Avenue, College Station, Texas 77840 Contact for Notices to City: Estimated Yearly Bills / Invoices: Mary Ellen Leonard, CPA 600,000 This Amending Agreement #2 is entered into effective as of the date of approval by both parties and is by and between the City of College Station (“City”) identified above and Paymentus Corporation, a Delaware Corporation (“Paymentus”). WHEREAS: A - The parties entered into a Master Services Agreement dated 1-27-2020; B – The parties amended the services agreement on 4-1-2020 to increase the maximum amount (“Amending Agreement”); C- Together the Master Services Agreement and the Amending Agreement (collectively referred to as “Master Services Agreement as Amended”) comprise the mutual understanding of the parties hereto for the performance of services therein; D - The parties now wish to make certain amendments to the Master Services Agreement as Amended; specifically to the total estimated annual payment from City to Paymentus and a change in pricing on Schedule A to add non-utility billing payments to the solution; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows: 1. Section 2.01 of the is hereby amended to read in its entirety as follows: “2.01 The total amount of payment, including reimbursements, by the City to Paymentus for all Work to be performed under this Contract shall be budgeted by City annually based upon a per transaction amount and as provided in this Contract with an estimated initial annual amount of One Million Five Hundred Thousand and No Dollars ($1,500,000.00) which amount will be adjusted annually based upon usage.” Page 111 of 197 EXHIBIT “A” - 2 - 2. Exhibit “A” of the Master Services Agreement as Amended is amended to read in its entirety as follows: See Exhibit “A” hereto and incorporated herein by reference 3. Except for the changes recited in nos. 1 and 2 above, all provisions of the original Master Services Agreement as Amended remain in full force and effect, unless in direct conflict with this Amending Agreement #2. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives Customer: By: Name: Title: Date: Paymentus: By: Name: Title: Date: Page 112 of 197 EXHIBIT “A” - 3 - A. Schedule A – Paymentus Service Fee Schedule (Absorbed Fee) Paymentus Service Fee charged to Client will be based on the following: Absorbed Fee Model Average Bill Amount: $349.00 Paymentus Service Fee per qualified utility rate transaction  Credit/Debit Card $1.95 (Visa, MasterCard, Discover utility Program Rate)  ACH/ eCheck $0.50 Paymentus Service Fee per Non-Qualified Transaction: 2.65% Paymentus Service Fee for Reversed or Charged- back Transactions: $9.95 per item Note: Maximum Amount per Payment is $10,000.00. Multiple payments may be made. A Non-Qualified Transaction is one for which a Non-Qualified Card is used. Paymentus may apply different limits per transactions for user adoption or to mitigate risks. Encrypted Card Readers will be invoiced at $225.00 eac h; the first four will be provided at no charge. Paymentus will integrate in real time to the Central Square Naviline CIS using the Fusion API and at the City’s option to the Naviline Cashiering module. Paymentus will provide for the cost of the installation, configuration and initial year of the Fusion API from Central Square. The Project scope will include the full platform solution of One Time Payments, Customer Portal, Text to Pay, Secure PDF ebilling, Mobile Wallet Ebilling, advanced payment method s, IVR phone payments, Secure Service, and scheduled and recurring payments. B. Non – Utility Billing Fees (Absorbed Fee) 1. Paymentus Fee. Service Fee charged to Client will be based on the following: Absorbed Fee Model – Non – Utility Billing Fees Average Bill Amount: $300.00 Paymentus Service Fee per transaction  Credit/Debit Card 2.65% (Visa, MasterCard, Discover)  ACH/ eCheck $0.50 Paymentus Service Fee for Reversed or Charged- back Transactions: $9.95 per item Note: Maximum Amount per Payment is $20,000.00. Multiple payments may be made. Paymentus may apply different limits per transactions for user adoption or to mitigate risks. Encrypted Card Readers will be invoiced at $225.00 each; the first four will be provided at no charge. Paymentus will integrate in real time to the Central Square Community Development solution at no cost to the City. 2. Timeline: Paymentus shall provide service to the Client for Non-Utility Billing Fees (Absorbed Fee) in accordance with this section B within 90 days of connectivity to the integration tool(s) provided by the Client and/or Client’s software provider (Central Square or others). Page 113 of 197 December 10, 2020 Item No. 3.11. Modification adding Substantial Amendment 6 to 2019 Annual Action Plan - CARES Act CDBG Funding of $822,034 Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution adopting a modification to the substantial amendment of the 2019 Annual Action Plan to include Substantial Amendment 6 for the addition of $822,034 in CARES Act Community Development Block Grant Funding to the Community Development budget. Relationship to Strategic Goals: Good Governance, Neighborhood Integrity, Core Services and Infrastructure Recommendation(s): Staff recommends approval of a resolution adopting a modification to the substantial amendment of the 2019 Annual Action Plan to include Substantial Amendment #6 for the addition of $822,034 in CARES Act Community Development Block Grant Funding to the Community Development budget. Summary: The City of College Station is entitled to receive $822,034 in additional Community Development Block Grant funds through the CARES Act. This resolution revises the City of College Station's 2019 Action Plan to enable the City of College Station to receive and administer $822,034 in Community Development Block Grant Coronavirus (CDBG-CV) funding from the U. S. Department of Housing and Urban Development, inclusive of $411,017 of CDBG-CV funds to Public Service Agencies and $411,017 for Economic Development. Eligible CDBG activities may include, but are not limited to, assisting low and moderate income households with rental and utility assistance from up to three months, food assistance programs, business assistance programs to retain low and moderate income employees, and other support of COVID-19 response services such as medical/health related needs. This funding and additional CDBG funding, which may be made available to the City by HUD through the CARES Act, will be used for the same purposes as the initial allocations which go toward the prevention, preparation, and response to COVID-19. Budget & Financial Summary: This modification to the substantial amendment of the 2019 Annual Action Plan to include Substantial Amendment #6 allows for the use of $822,034 in Community Development Block Grant - Coronavirus funds available through the CARES Act in the Community Development budget. Reviewed & Approved by Legal: No Attachments: 1.Resolution - CDBG-CV - Substantial Amendment #6 Page 114 of 197 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A MODIFICATION TO THE SUBSTANTIAL AMENDMENT OF THE 2019 ANNUAL ACTION PLAN TO ADD SUBSTANTIAL AMENDMENT #6 FOR THE INCLUSION NEW COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS UNDER THE COMMUNITY AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT). WHEREAS, the City of College Station is entitled to receive $822,034.00 in additional Community Development Block Grant (CDBG-CV) funds from the United States Department of Housing and Urban Development (HUD) in Fiscal Year 2019 and has prepared a modification to the substantial amendment of the 2019 Annual Action Plan to include substantial amendment #6 as required to secure these funds; and WHEREAS, the City of College Station, Texas, has a Five-Year Consolidated Plan that has been approved by both City and HUD that guides the development of the annual Action Plan and Budget; and WHEREAS, the City of College Station, Texas, has an established Community Development Program under Chapter 373 of the Texas Local Government Code that (1) identifies areas of the City with concentrations of low and moderate income persons; (2) establishes areas in which program activities are proposed; (3) provides a plan under which citizens may publicly comment on activities; and (4) requires public hearings on program activities; and WHEREAS, the City of College Station has provided adequate information to the citizens and an opportunity to participate in the development of the modification to the Substantial Amendment of the 2019 Action Plan to add substantial amendment #6; and WHEREAS, the City Council acknowledges that the adoption of the modification to the Substantial Amendment of the 2019 Action Plan to add substantial amendment #6 is in the best interest of the City and is for the purpose of securing additional community development resources for the primary benefit of low and moderate income citizens; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the modification to the Substantial Amendment of the 2019 Action Plan to add substantial amendment #6 which serves as the City’s application to HUD for CDBG-CV funds. PART 2:That the City Council hereby designates and authorizes and the City Manager to sign all required applications, certifications, evaluations and other forms required by HUD for the modification to the Substantial Amendment of the 2019 Action Plan to add substantial amendment #6 on behalf of the City of College Station. Page 115 of 197 RESOLUTION NO. ___________________Page 2 PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2020 APPROVED ATTEST:Karl Mooney, Mayor ____________________________________ Tanya Smith, City Secretary APPROVED: City Attorney Page 116 of 197 December 10, 2020 Item No. 3.12. Janitorial Services Contract Extension Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a contract extension to the existing janitorial services contract. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving the extension of the existing janitorial contract from January 1, 2021, through March 1, 2021, in an amount not to exceed $76,527.33. Summary: This item is for the extension of the current contract for janitorial services for City facilities and the Northgate District. This item is to approve a ninety-day contract extension for the period beginning January 1, 2021, through March 1, 2021, for a total not to exceed amount of $76,527.33 equivalent to ninety days of the current contract. The City of College Station solicited a Request for Proposal (RFP) #20-049 for Annual Janitorial Services for City Facilities and the Northgate District. The RFP submittal was due on October 8, 2020. Six companies have responded, and the city is performing due diligence on the respondents. This is the second ninety-day contract extension. The first ninety-day contract extension was for the period October 1, 2020 through December 31, 2020. Budget & Financial Summary: Funds are available in the Facility Maintenance operating budget. Reviewed & Approved by Legal: No Attachments: None Page 117 of 197 December 10, 2020 Item No. 3.13. No Parking Luther and FM 2154 Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV" by removing parking on a section of Luther Street at Wellborn Road. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This ordinance is for no parking anytime along both sides of Luther Street, 325 ft from the corner with Wellborn Road on the north side of Luther Street and 340 feet from the corner of Wellborn Road on the south side of Luther Street. This parking removal is needed to provide sufficient travel width for the City of College Station Fire Department to respond to calls along this roadway and to residents living the along Luther Street. The Traffic Management Team evaluated this roadway because of requests from citizens and the College Station Fire Department to remove parking along the roadway due to the difficulty of entering Luther Street from Wellborn Road. The Traffic Management Team’s investigation showed that vehicles park on Luther Street very near the intersection of Wellborn Road and block the travel lane despite an existing 20 ft no parking zone. Vehicles traveling on Wellborn Road and turning onto Luther Street must swerve around the parked vehicles, cross the double yellow lines, and drive on the opposite side of the road. Due to COVID-19 the City of College Station staff sent out 54 public notices and posted maps, a PowerPoint presentation, a feedback survey, and staff contact information on the City’s website in lieu of a public meeting. The website was posted on September 29th, 2020, and feedback was accepted until October 16th, 2020. One person provided feedback in support of the parking removal, and the presentation was viewed a total of 5 times. Based upon the need for emergency vehicle access along Luther Street, the Traffic Management Team recommends approving this ordinance. Budget & Financial Summary: The “NO PARKING” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Page 118 of 197 Reviewed & Approved by Legal: No Attachments: 1.Luther and FM 2154 No Parking Ordinance (1) 2.Luther and FM 2154 No Parking Exhibit Page 119 of 197 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” BY REMOVING PARKING ON LUTHER STREET, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 120 of 197 ORDINANCE NO. _______Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 121 of 197 ORDINANCE NO. _______Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” is hereby amended to include as follows: Luther Street – Anytime a.Northeast bound traffic – no parking anytime along the southeast side of Luther Street 340 feet east of Wellborn Road. b.Southwest bound traffic – no parking anytime along the northeast side of Luther Street 325 feet east of Wellborn Road. Page 122 of 197 From intersectionwith Wellborn Roadto corner of driveway(approx. 340 ft from corner) From intersectionwith Wellborn Roadto corner of driveway(approx. 325 ft from corner)LUTHER STREETPARK PLACEWE L L B O R N R O A D Luther Street and Wellborn Road Proposed parking restriction = proposed parking restriction . Page 123 of 197 December 10, 2020 Item No. 3.14. Emergicon Service Agreement Third Amendment Sponsor:Richard Mann Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the third amendment to the General Service Contract with Emergicon, LLC adding Medicare, Uninsured and Charity Care Reimbursement Services. Relationship to Strategic Goals: Core Services and Infrastructure Good Governance Recommendation(s): Staff recommends approval of this amendment. Summary: Amendment to Contract #18300157. This is a Third Amendment to the General Service Contract between the City of College Station and Emergicon, LLC, for the following work: Automated Ambulance Billing, Accounts Receivable, Delinquent Account Collections, Responding to Request for Medical Records, TASPP Services and Medicare, Uninsured and Charity Care Reimbursement Services as described in the Scope of Services. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Emergicon Third Amend 11-23-20 Final Page 124 of 197 Emerigcon Service Agreement Third Amendment Page 1 Contract Number 18300157 THIRD AMENDMENT TO THE CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This Third Amendment (“Amendment”) to the General Service Contract (“Agreement”) between City of College Station, a Texas Home Rule Municipal Corporation (“City”) and Emergicon LLC, (“Emergicon “) with a principal place of business at 709 W Broad Street, Suite 100, Forney, TX 75126. WHEREAS, the City and Emergicon entered into an Agreement on April 12, 2018, with contract number 18300157; and WHEREAS, the City and Emergicon entered into an First Amendment on April 9, 2020, to add the Texas Ambulance Supplemental Payment Program; and WHEREAS, the City and Emergicon entered into a Second Amendment on May 17, 2020, to add a Business Associate Agreement; and WHEREAS, the parties desire to amend the Agreement as stated below adding Medicare, Uninsured and Charity Care Reimbursement Services; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth below, the parties agree to amend the Agreement by amending and adding: A. AMEND THE FIRST PARAGRAPH TO: This General Service Contract is by and between the City of College Station, a Texas Home –Rule Municipal Corporation ( the “City”), and Emergicon, L.L.C. ( the “Contractor”), for the following work: Automated Ambulance Billing, Accounts Receivable, Delinquent Account Collections, Responding to Requests for Medical Records, TASPP Services and Medicare, Uninsured and Charity Care Reimbursement Services as described in the Scope of Services attached as Exhibit “A”. B. AMEND ARTICLE III BY ADDING: 3.3 Emergicon may use Public Consulting Group, Inc. (“PCG”) as a subcontractor for a portion or all the services provided by Emergicon. C. AMEND EXBIBIT A BY ADDING: MEDICARE, UNINSURED AND CHARITY CARE REIMBURSEMENT SERVICES Cost Report Ambulance Supplemental Payment Program Services. Contractor will work with City to analyze and report costs for Medicaid, Uninsured, and Charity Care, helping the City realize revenue related to an Ambulance Services Supplemental Payment Program as administered by the State of Texas Health and Human Services Commission (HHSC). Contractor's services will include: Page 125 of 197 Emerigcon Service Agreement Third Amendment Page 2 Contract Number 18300157 1. Conducting a thorough review of operational and administrative costs to determine 2 CFR Part 200 allowable costs to report on a cost report approved by HHSC. 2. Conducting comprehensive analysis of the billing reports, ensuring that key data elements such as dates of service, procedure codes, charges and payments related to Medicaid, Uninsured, and Charity Care are screened and accurately accounted for in the cost report. 3. Developing and applying appropriate cost allocation methodologies using the utilization data produced by City’s Computer Aided-Dispatch (CAD) system. 4. Submitting annual cost reports approved by HHSC, on behalf of City to HHSC allowing the City to realize incremental revenue under the Ambulance Supplemental Payment Program. 5. Refining the cost reports or other items of cost based on the review from HHSC or CMS. 6. Providing Medicaid subject matter expertise and representation during the HHSC review and approval of the submitted cost reports. 7. Drafting responses, providing supporting documentation, and conducting comprehensive billing reconciliations as required during HHSC desk review process. 8. Working with City to present updates and status reports to City’s administrative body or other interested parties within the community, as necessary, to help educate and inform them on the progress of this initiative. 9. Acting as a liaison between HHSC and City addressing any questions and keep the City informed on changes in state and federal regulations. Medicaid Average Commercial Rate Supplemental Payment Program Services. Contractor will work with the City to analyze and calculate average commercial rate data helping the City receive funds related to the Enhanced Reimbursements for Qualifying Publicly Owned Ground Emergency Ambulance Service Providers, as administered by HHSC. Upon approval, this program will allow for Average Commercial Rate reimbursement for Medicaid fee for service and Medicaid managed care transports. Contractor will perform the following services ensuring the City will maximize reimbursement while mitigating audit risk. 1. Working on behalf of City to receive approval of the program by HHSC and the Centers for Medicare and Medicaid Services (CMS), including: a. Drafting Medicaid state plan and Medicaid preprint forms to facilitate HHSC and CMS approval. b. Reviewing Medicaid state plan amendment materials and changes to the Texas Administrative Code to ensure program requirements are developed in the best interests of City. Page 126 of 197 Emerigcon Service Agreement Third Amendment Page 3 Contract Number 18300157 c. Drafting responses to requests for additional information from HHSC and CMS. d. Providing representation in meetings with HHSC leadership on behalf of City to obtain program approval. 2. Completing the application to enroll City in the program. 3. Preparing fiscal impact analysis and presenting results to City to demonstrate the benefits of the program. 4. Providing support and education to City’s leadership on intergovernmental transfer (IGT) funding requirements. 5. Preparing draft contract documents to facilitate average commercial rate reimbursement with Medicaid managed care organizations. 6. Assisting with contracting efforts with Medicaid managed care organizations. 7. Collecting average commercial billing data to complete payment calculations, including: a. Verifying commercial carrier data to ensure appropriate inclusion of payment rates. b. Determining which payment model is most advantageous to City, for example an overall payment per transport or per procedure code payment model. c. Analyzing claims data to determine the total payment per transport. d. Excluding certain transports that are not emergent in nature. 8. Completing the rebasing of the average commercial rate survey. 9. Analyzing and verifying commercial rate data to validate payment receipts, including pulling remits from commercial payments to validate payment levels. 10. Conducting comparative analysis to identify significant quarter to quarter trends in billing and financial data. 11. Providing comprehensive audit support, including but not limited to conducting reviews of all average commercial rate calculations, performing detailed analysis of billing reports generated by HHSC to ensure that all allowable charges and payments are encompassed in the calculation of the supplemental payment, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite supplemental payments. 12. Providing ongoing technical assistance on programmatic and policy issues related to the Ambulance Supplemental Payment Program. Page 127 of 197 Emerigcon Service Agreement Third Amendment Page 4 Contract Number 18300157 D. AMENDING EXHIBIT B IN ITS ENTIRETY: The City will pay invoices in compliance with the Texas Prompt Payment Act. In consideration of the ambulance billing, accounts receivable and delinquent account collection services performed, the City will pay the Contractor a fixed fee of five percent (5%) of the total amount collected. The Contractor will be paid monthly upon receipt of a detailed account invoice. Texas Ambulance Supplemental Payment Program (TASPP) Supplemental Payment Program Services. In consideration of the professional services performed by Contractor under the terms of this Agreement for the Supplemental Payment Program Services, the City shall pay Contractor for services performed according to a tiered fee structure. The fee paid by the City will be based on the City’s total Medicaid and uninsured charges for the corresponding federal fiscal year for the claim for supplemental reimbursement. Tiered Pricing Structure for Supplemental Payment Program Contracted Services Medicaid & Uninsured Charges for Fiscal Year Contingency Fee >$2,000,000 6.0% >$1,000,000 to $2,000,000 9.0% >$500,000 to $1,000,000 12.0% $0 to $500,000 15.0% The contingency fee will be charged based on the new revenues realized through the supplemental payment programs. The term for supplemental payment program services performed by Contractor under this Third Amendment will include the Federal Fiscal Year 2020 that ends with the issuance of payment from the State of Texas to the City, estimated to occur by September 30, 2021. Page 128 of 197 Emerigcon Service Agreement Third Amendment Page 5 Contract Number 18300157 D. AMENDMENT TERMS. 1. This Amendment is governed by and construed according to the Agreement’s terms and conditions. All other terms and conditions of the Agreement shall remain in full force and effect. 2. Each party represents that: (a) it has the authority to enter into this Amendment; and (b) that the individual signing this Amendment on its behalf is authorized to do so. 3. This Amendment is effective when signed by the last Party whose signing makes the Amendment fully executed. EMERGICON, LLC CITY OF COLLEGE STATION By: By: Christopher Turner, President & CEO City Manager Date: Date: APPROVED: ________________________________ City Attorney Date: ________________________________ Assistant City Manager/CFO Date: Page 129 of 197 December 10, 2020 Item No. 3.15. CCWWTP Centrifuge Construction Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a Construction Contract with CSA Construction, Inc. in the amount of $3,933,727 for construction services for the Carters Creek Wastewater Treatment Plant Centrifuge Improvements Project, a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt, and the rejection of Bid No. 20-031. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The intent of this project is to design a centrifuge facility and related improvements (rehabilitation of the existing ATAD Building, polymer system, truck loading garage), an evaluation of the existing sludge thickening facilities, and improvements at the south gate and portions of the plant road, at the Carters Creek Wastewater Treatment Plant (CCWWTP). The project was originally bid via competitive sealed proposals in early 2020, bid # 20-031. Prior to submitting a construction contract to Council for approval, COVID-19 hit locally and Water and Wastewater Services chose to delay the construction of the project until FY ’21. The project was rebid via competitive sealed proposals in the fall of 2020 and one proposal was received, bid # 21-005. The rebid resulted in a savings of $14,224.00 based on the base bid and accepted alternates. Budget & Financial Summary: Budget in the amount of $5,054,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $613,271 has been expended or committed to date, leaving a balance of $4,440,729 for this construction contract and future expenses. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because all of the long term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Page 130 of 197 Reviewed & Approved by Legal: No Attachments: 1.Project Location Map 2.WW1800008 DRR 3.21-005 Tab 4.20-031 Tab Page 131 of 197 APPOMATTOX DRIVENORTHFORESTPARKWAY C A RTERSCREEKTRIBU T A RY16 CARTERSCREEK SHADOWOAKSW ILD ERNESSDRIVESOUTHB U N K E R HILL C O U R T MAPLEWOOD COURTIRONWOOD DRIVEWALNUT GROVE COURTA A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 F R O N T A G E 6 RDWLegend Project Location Streets Functional Classification MINOR COLLECTOR LOCAL STREET Property Parcels Rivers Project Location M apCarters Creek WWTPCentrifuge Improvements± ± Created: 6/25/2018 0 600 1,200 1,800 2,400 3,000150300450FeetFeet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. Page 132 of 197 RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $5,054,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 10th DAY OF December, 2020. _______________________________ Karl Mooney, Mayor ATTEST: _________________________________ Tanya Smith, City Secretary (Seal) Page 133 of 197 Page 134 of 197 Exhibit "A" The projects to be financed that are the subject of this Statement are: Carters Creek Wastewater Treatment Plant Centrifuge Improvements ($5,054,000) This project will include the following at the Carters Creek Wastewater Treatment Plant (CCWWTP): a centrifuge facility design and related improvements (rehabilitation of the existing ATAD Building, polymer system, truck loading garage); an evaluation of the existing sludge thickening facilities; and improvements at the south gate and portions of the plant road. This project includes both the design and construction of the aforementioned improvements. Page 135 of 197 City of College Station - Purchasing DivisionBid Tabulation for #21-005"Carters Creek Wastewater Treatment Plant Centrifuge Improvements"Open Date: Thursday, November 5, 2020 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICEBase Bid11LSGeneral Overhead for all Work Including Mobilization, Bonds, Insurance, and Related Items$390,000.00 $390,000.0021LSDemolition of existing mechanical, electrical, plumbing, structural elements at existing sludge thickening building$80,000.00 $80,000.0031LSConstruction of Centrifuge Facility, including but not limited to structural modifications to existing sludge thickening building and installing one (1) centrifuge and elevated fiberglass access platform inside the building, shafless screw conveyor, CMU polymer room, two (2) polymer systems, a 7.5 ton hoist system, a safety eye wash station and shower, control panels and all equipment and accessories; an engineered metal canopy structure and metal siding, sludge loading area foundation, fans, air-conditioner/heater unit, electric heater units, tankless water heater, sink and mirror, control and electrical panels, equipment disconnects, duct banks, conduit, wiring, installing other miscellaneous electrical controls and all other piping, valves, fitting and miscellaneous items for a complete and operating system$2,653,929.00 $2,653,929.0041LSConstruction of improvements to existing sludge pump stations including but not limited to installing one (1) sludge transfer pump, and and all other piping, valves, fitting and miscellaneous items for a complete and operating system$40,000.00 $40,000.0051LSTrench Safety System$1,000.00 $1,000.0061LSStorm Water Pollution Prevention Plan$1,500.00 $1,500.0074STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,100.00 $8,400.0081LSErosion & Sedimentation Control including Hydromulch Seeding$3,500.00 $3,500.009571 SYDemolish and Remove Existing Asphalt Pavement$11.00 $6,281.00101LSRoadway Excavation and Embankment$20,900.00 $20,900.00111478 SY7" Reinforced Concrete Pavement$105.00 $155,190.001211 SY4" Reinforced Concrete Sidewalk$166.00 $1,826.001366 LF6" Reinforced Concrete Curb$9.00 $594.00141620 SY8" Min Thickness Lime Stabilized Subgrade$8.00 $12,960.001522 TONLime$230.00 $5,060.00162EARelocate Existing Light Pole$12,500.00 $25,000.00173EAAdjust Existing Ground Rod Box to Proposed Grade$500.00 $1,500.00181EAAdjust Existing Valve Box to Proposed Grade$500.00 $500.0019193 SYDemolish and Remove Existing Reinforced Concrete Pavement$20.00 $3,860.00Alternate Bid (A) - Access RoadA115 STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,800.00 $42,000.00A21LSErosion & Sedimentation Control including Hydromulch Seeding$7,000.00 $7,000.00A31,778 SY3" Min Thickness TY D HMAC Pavement for Alternate Bid A$46.00 $81,788.00A42,072 SY8" Min Thickness TY A GR 2 Limestone Base for Alternate Bid A$31.00 $64,232.00A5319 SY7" Reinforced Concrete Pavement for Alternate Bid A (STA 10+51 to 11+65 and 18+00 to 18+71)$105.00 $33,495.00A62,735 SY8" Min Thickness Lime Stabilized Subgrade for Alternate Bid A$6.00 $16,410.00A761 SYDemolish and Remove Existing Reinforced Concrete Pavement for Alternate A$20.00 $1,220.00A81,733 SYDemolish and Remove Existing Asphalt Pavement$11.00 $19,063.00A980 LFDemolish and Remove Existing Culvert$41.00 $3,280.00A10 Not Used$0.00 $0.00A111LSRoadway Excavation and Embankment$18,500.00 $18,500.00A1218 LF6" Reinforced Concrete Curb$12.00 $216.00A1340 TONLime$219.00 $8,760.00A1433 LF12" C-76 Class III RCP Culvert$92.00 $3,036.00A1547 LF18" C-76 Class III RCP Culvert$108.00 $5,076.00CSA CONSTRUCTION, INC HOUSTON, TXBase Bid TOTAL$3,412,000.00Page 1 of 2Page 136 of 197 City of College Station - Purchasing DivisionBid Tabulation for #21-005"Carters Creek Wastewater Treatment Plant Centrifuge Improvements"Open Date: Thursday, November 5, 2020 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICECSA CONSTRUCTION, INC HOUSTON, TXA162EA12" Safety End Treatment$2,600.00 $5,200.00A174EA18" Safety End Treatment$3,300.00 $13,200.00A183EAFurnish and Install Traffic Sign$850.00 $2,550.00Alternate Bid BB1 15 STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,800.00 $42,000.00B2 1 LSErosion & Sedimentation Control including Hydromulch Seeding$7,000.00 $7,000.00B3 2,097 SY7" Reinforced Concrete Pavement for Alternate Bid B (STA 1+29 to 18+71)$102.00 $213,894.00B4 2622 SY8" Min Thickness Lime Stabilized Subgrade for Alternate Bid B$6.00 $15,732.00B5 61 SYDemolish and Remove Existing Reinforced Concrete Pavement for Alternate B$20.00 $1,220.00B6 1,733 SYDemolish and Remove Existing Asphalt Pavement$11.00 $19,063.00B7 80 LFDemolish and Remove Existing Culvert$41.00 $3,280.00B8Not Used$0.00 $0.00B9 1 LSRoadway Excavation and Embankment$18,500.00 $18,500.00B10 18 LF6" Reinforced Concrete Curb$12.00 $216.00B11 40 TONLime$219.00 $8,760.00B12 33 LF12" C-76 Class III RCP Culvert$92.00 $3,036.00B13 47 LF18" C-76 Class III RCP Culvert$108.00 $5,076.00B14 2 EA12" Safety End Treatment$2,600.00 $5,200.00B15 4 EA18" Safety End Treatment$3,300.00 $13,200.00B16 3 EAFurnish and Install Traffic Sign$850.00 $2,550.00Alternate Bid C-GateC1 1 LS Rehabilitate Existing 25' Galvanized Steel Cantilever Sliding Gate$6,000.00 $6,000.00Alernate Bid D-GateD1 1 LS Replace Existing Gate with 25' Aluminum Cantilever Sliding Gate$13,000.00 $13,000.00E1 6 EAProvide an Allen Bradley 1794-AENT Ethernet/IP Flex I/O adaptor inside of centrifuge feed pump bucket. Provide DIN rail as needed to connect to existing Allen Bradley Flex I/O. Route Cat 6 Ethernet from centrifuge feed pump bucket to exissting fiber optic panel 'FOMP'.25,000.00$ 150,000.00$ $3,770,727.00$3,418,000.00$3,425,000.00Total Base Bid +/- Alternate BTotal Base Bid $3,412,000.00$3,737,026.00$150,000.00Total Base Bid +/- Alternate A$358,727.00Total Alternate Bid BTotal Alternate Bid C - GateTotal Alternate Bid AYYALTERNATE BID E ITEMS - ELECTRICALTotal Alternate Bid E - Electrical$13,000.00Total Alternate Bid D - Gate$6,000.00Total Base Bid +/- Alternate CTotal Base Bid +/- Alternate D$3,562,000.00$325,026.00Bid CertificationBid BondAddenda AcknowledgedTotal Base Bid +/- Alternate DYPage 2 of 2Page 137 of 197 City of College Station - Purchasing DivisionBid Tabulation for #20-031"Carters Creek Wastewater Treatment Plant Centrifuge Improvements"Open Date: Thursday, March 6, 2020 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICEBase Bid11LSGeneral Overhead for all Work Including Mobilization, Bonds, Insurance, and Related Items$390,000.00 $390,000.0021LSDemolition of existing mechanical, electrical, plumbing, structural elements at existing sludge thickening building$80,000.00 $80,000.0031LSConstruction of Centrifuge Facility, including but not limited to structural modifications to existing sludge thickening building and installing one (1) centrifuge and elevated fiberglass access platform inside the building, shafless screw conveyor, CMU polymer room, two (2) polymer systems, a 7.5 ton hoist system, a safety eye wash station and shower, control panels and all equipment and accessories; an engineered metal canopy structure and metal siding, sludge loading area foundation, fans, air-conditioner/heater unit, electric heater units, tankless water heater, sink and mirror, control and electrical panels, equipment disconnects, duct banks, conduit, wiring, installing other miscellaneous electrical controls and all other piping, valves, fitting and miscellaneous items for a complete and operating system$2,700,363.00 $2,700,363.0041LSConstruction of improvements to existing sludge pump stations including but not limited to installing one (1) sludge transfer pump, and and all other piping, valves, fitting and miscellaneous items for a complete and operating system$40,000.00 $40,000.0051LSTrench Safety System$1,000.00 $1,000.0061LSStorm Water Pollution Prevention Plan$1,500.00 $1,500.0074STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,100.00 $8,400.0081LSErosion & Sedimentation Control including Hydromulch Seeding$3,500.00 $3,500.009571 SYDemolish and Remove Existing Asphalt Pavement$11.00 $6,281.00101LSRoadway Excavation and Embankment$20,900.00 $20,900.00111478 SY7" Reinforced Concrete Pavement$102.00 $150,756.001211 SY4" Reinforced Concrete Sidewalk$166.00 $1,826.001366 LF6" Reinforced Concrete Curb$9.00 $594.00141620 SY8" Min Thickness Lime Stabilized Subgrade$8.00 $12,960.001522 TONLime$230.00 $5,060.00162EARelocate Existing Light Pole$12,500.00 $25,000.00173EAAdjust Existing Ground Rod Box to Proposed Grade$500.00 $1,500.00181EAAdjust Existing Valve Box to Proposed Grade$500.00 $500.0019193 SYDemolish and Remove Existing Reinforced Concrete Pavement$20.00 $3,860.00Alternate Bid (A) - Access RoadA115 STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,513.00 $37,695.00A21LSErosion & Sedimentation Control including Hydromulch Seeding$7,000.00 $7,000.00A31,778 SY3" Min Thickness TY D HMAC Pavement for Alternate Bid A$41.00 $72,898.00A42,072 SY8" Min Thickness TY A GR 2 Limestone Base for Alternate Bid A$23.00 $47,656.00A5319 SY7" Reinforced Concrete Pavement for Alternate Bid A (STA 10+51 to 11+65 and 18+00 to 18+71)$99.00 $31,581.00A62,735 SY8" Min Thickness Lime Stabilized Subgrade for Alternate Bid A$6.00 $16,410.00A761 SYDemolish and Remove Existing Reinforced Concrete Pavement for Alternate A$20.00 $1,220.00A81,733 SYDemolish and Remove Existing Asphalt Pavement$11.00 $19,063.00A980 LFDemolish and Remove Existing Culvert$41.00 $3,280.00A10Not Used$0.00 $0.00A111LSRoadway Excavation and Embankment$17,300.00 $17,300.00A1218 LF6" Reinforced Concrete Curb$12.00 $216.00A1340 TONLime$219.00 $8,760.00A1433 LF12" C-76 Class III RCP Culvert$92.00 $3,036.00A1547 LF18" C-76 Class III RCP Culvert$104.00 $4,888.00A162EA12" Safety End Treatment$2,600.00 $5,200.00A174EA18" Safety End Treatment$3,300.00 $13,200.00Base Bid TOTAL$3,454,000.00CSA CONSTRUCTION, INC HOUSTON, TXPage 1 of 2Page 138 of 197 City of College Station - Purchasing DivisionBid Tabulation for #20-031"Carters Creek Wastewater Treatment Plant Centrifuge Improvements"Open Date: Thursday, March 6, 2020 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICECSA CONSTRUCTION, INC HOUSTON, TXA183EAFurnish and Install Traffic Sign$850.00 $2,550.00Alternate Bid BB1 15 STASite Preparation, including clearing, grubbing, and disposing of vegetation/debris$2,600.00 $39,000.00B2 1 LSErosion & Sedimentation Control including Hydromulch Seeding$7,000.00 $7,000.00B3 2,097 SY7" Reinforced Concrete Pavement for Alternate Bid B (STA 1+29 to 18+71)$98.00 $205,506.00B4 2622 SY8" Min Thickness Lime Stabilized Subgrade for Alternate Bid B$6.00 $15,732.00B5 61 SYDemolish and Remove Existing Reinforced Concrete Pavement for Alternate B$20.00 $1,220.00B6 1,733 SYDemolish and Remove Existing Asphalt Pavement$11.00 $19,063.00B7 80 LFDemolish and Remove Existing Culvert$41.00 $3,280.00B8Not Used$0.00 $0.00B9 1 LSRoadway Excavation and Embankment$17,300.00 $17,300.00B10 18 LF6" Reinforced Concrete Curb$12.00 $216.00B11 40 TONLime$219.00 $8,760.00B12 33 LF12" C-76 Class III RCP Culvert$92.00 $3,036.00B13 47 LF18" C-76 Class III RCP Culvert$104.00 $4,888.00B14 2 EA12" Safety End Treatment$2,600.00 $5,200.00B15 4 EA18" Safety End Treatment$3,300.00 $13,200.00B16 3 EAFurnish and Install Traffic Sign$850.00 $2,550.00Alternate Bid C-GateC1 1 LSRehabilitate Existing 25' Galvanized Steel Cantilever Sliding Gate$5,000.00 $5,000.00Alernate Bid D-GateD1 1 LSReplace Existing Gate with 25' Aluminum Cantilever Sliding Gate$10,000.00 $10,000.00E1 6 EAProvide an Allen Bradley 1794-AENT Ethernet/IP Flex I/O adaptor inside of centrifuge feed pump bucket. Provide DIN rail as needed to connect to existing Allen Bradley Flex I/O. Route Cat 6 Ethernet from centrifuge feed pump bucket to exissting fiber optic panel 'FOMP'.23,000.00$ 138,000.00$ Bid CertificationBid BondAddenda AcknowledgedTotal Base Bid +/- Alternate DY$3,592,000.00YYALTERNATE BID E ITEMS - ELECTRICALTotal Alternate Bid E - Electrical$10,000.00$291,953.00$345,951.00Total Alternate Bid BTotal Alternate Bid C - GateTotal Alternate Bid D - GateTotal Alternate Bid A$5,000.00Total Base Bid +/- Alternate CTotal Base Bid +/- Alternate D138,000$ Total Base Bid +/- Alternate ATotal Base Bid +/- Alternate BTotal Base Bid $3,454,000.00$3,745,953.00$3,799,951.00$3,459,000.00$3,464,000.00Page 2 of 2Page 139 of 197 December 10, 2020 Item No. 3.16. CCWWTP Design Change Order 2 Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a change order to a professional services contract with Jones & Carter, Inc. in the amount of $90,000 for SCADA programming services for the Carters Creek WWTP Centrifuge Improvements Project. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this change order with Jones & Carter, Inc. in the amount of $90,000.00. Summary: The project consists of the construction of a new centrifuge facility and related improvements (rehabilitation of the existing ATAD Building, polymer system, truck loading canopy), an evaluation of the existing sludge thickening facilities, and improvements at the south gate and portions of the plant road at the Carters Creek Wastewater Treatment Plant. This change order provides programming services within the design contract to incorporate the new centrifuge into the plant SCADA system, integrate the automatic operation of the centrifuge, sludge feed pumps, and other ancillary equipment to allow “one button” automatic operation of the system. New alarms will be integrated into the existing alarming system and analog values will be added to the trending. Budget & Financial Summary: Budget in the amount of $5,054,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $613,271 has been expended or committed to date, leaving a balance of $4,440,729 for this change order and future expenses. Reviewed & Approved by Legal: No Attachments: 1.Change Order 2 unsigned copy 2.Project Location Map Page 140 of 197 150 Venture Drive, Suite 100 College Station, Texas 77845 Tel: 979.731.8000 Fax: 979.846.2893 www.jonescarter.com Texas Board of Professional Engineers Registration No. F-439 | Texas Board of Professional Land Surveying Registration No. 10046107 October 30, 2020 Mr. Ed McDonald City of College Station 1101 Texas Ave South College Station, Texas 77840 Re: Carters Creek Wastewater Treatment Plant Centrifuge Improvements City of College Station No. WW1800008 / PO No. 18205833-00 JC Job No. C0008-0029 Dear Mr. McDonald: A Change Order for the referenced project is requested for the following additional scope items: 1. PROGRAMMING a. The intent of the programming scope is to incorporate the new centrifuge into the plant SCADA system, integrate the automatic operation of the centrifuge, sludge feed pumps, and other ancillary equipment to allow “one button” automatic operation of the system. New alarms will be integrated into the existing alarming system and analog values will be added to the trending. The control scheme will also allow the centrifuge to be operated locally in the case of a SCADA failure to ensure that equipment or network issues don’t keep the centrifuge from operating. Incorporate existing permissions protocols to ensure only licensed operators can make operational changes. b. Conduct a programming workshop with plant staff to understand both the basic requirements and wish list items for the new equipment. c. Modify the existing PLC programs as required to read the new signals, control the new equipment, and scale and totalize the new analog values. d. Add the new tags from the PLC to the existing tag database for the HMI system, the SQL database, and the OLDI system. e. Configure trending of analog tags, alarming of discrete fault tags, and configure alarm notification in the existing system. f. Modify existing HMI screens and create new screens as necessary to incorporate the new equipment and allow for monitoring, control, and setpoint changes. Existing permission will be continued to the new screens to ensure only authorized staff has the ability to make changes. g. Conduct a graphics review workshop with plant staff to receive feedback on the screens created to allow for modification for operator’s preferences. Page 141 of 197 Mr. Ed McDonald Page 2 10/30/2020 Texas Board of Professional Engineers Registration No. F-439 | Texas Board of Professional Land Surveying Registration No. 10046107 2. START UP AND COMMISSIONING SERVICES a. Facilitate, attend and provide minutes for on-site startup planning meetings. b. Work together with the system integrator to verify the operation of all PLC inputs and outputs c. Work with the contractor and plant staff to startup the new equipment and test automatic operation. d.Correct problems as they occur and ensure the system operates as intended. 3. FINAL DOCUMENTATION AND TRAINING a. Comment the new PLC code for use by future programmers. b. Create an O&M detailing the new programming, HMI screens, and configurations. c. Supply a backup copy of the new programs on rewritable CD or DVD for archiving. d. Create training materials to explain how the new system works from the operator’s perspective. Plant operations staff will have input on details of training material for operators. e. Submit a training plan for review and comment by the City. f. Conduct a half day training session with operators to teach them how to use the new equipment from the SCADA system. Detailed equipment training will be provided by the contractor. 4. Lump Sum Fee = $90,000 Sincerely, Sean McMillan, P.E. Vice President SEM/mon K:\C0008\C0008-0029-00 Carters Creek WWTP Centrifuge Improvemen\Project Management\Job Setup\CO1-programming\CO2 Carters Centrifuge Programming R2 10-30- 2020.docx Page 142 of 197 CHANGE ORDER NO. 2 DATE: November 1, 2020 Contract No.18300532 P.O.#: 18205833 PROJECT: Carters Creek WWTP Centrifuge Improvements OWNER:CONTRACTOR: City of College Station Jones & Carter, Inc. P.O. Box 9960 150 Venture Drive, Suite 100 Ph: 979-731-8000 College Station, Texas 77842 College Station, Texas 77845 Fax: 979-846-2893 PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST CO2.1 LS Programming Services 90,000.00$ 0 1 90,000.00$ -$ TOTAL 90,000.00$ ALL ITEMS (WW1900008 / SSWOC - 6591)$90,000.00 TOTAL CHANGE ORDER $90,000.00 ORIGINAL CONTRACT AMOUNT $608,000.00 CHANGE ORDER NO. 1 $19,000.00 3.13%CHANGE CHANGE ORDER NO. 2 $90,000.00 14.8%CHANGE REVISED CONTRACT AMOUNT $717,000.00 17.93%TOTAL CHANGE ORIGINAL CONTRACT TIME N/A Days TIME EXTENSION NO. 1 N/A Days REVISED CONTRACT TIME N/A Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED _____________________________________________________________________________________ A/E CONTRACTOR Date CHIEF FINANCIAL OFFICER Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date CITY ATTORNEY Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY MANAGER Date _____________________________________________________________________________________ CITY ENGINEER Date MAYOR Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY SECRETARY Date N/A 1) Programming Services are being included with the design contract, in lieu of the construction contract, to incorporate the new centrifuge into the plant SCADA system, integrate the automatic operation of the centrifuge, sludge feed pumps, and other ancillary equipment to allow “one button” automatic operation of the system. New alarms will be integrated into the existing alarming system and analog values will be added to the trending. This change order reallocates funding for this work from being part of the construction contract to the engineers scope of work and does not change the overall scope of the project. A more detailed scope of work is attached. THE NET AFFECT OF THIS CHANGE ORDER IS A 17.9% INCREASE. N/A Page 143 of 197 APPOMATTOX DRIVENORTHFORESTPARKWAY C A RTERSCREEKTRIBU T A RY16 CARTERSCREEK SHADOWOAKSW ILD ERNESSDRIVESOUTHB U N K E R HILL C O U R T MAPLEWOOD COURTIRONWOOD DRIVEWALNUT GROVE COURTA A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 F R O N T A G E 6 RDWLegend Project Location Streets Functional Classification MINOR COLLECTOR LOCAL STREET Property Parcels Rivers Project Location M apCarters Creek WWTPCentrifuge Improvements± ± Created: 6/25/2018 0 600 1,200 1,800 2,400 3,000150300450FeetFeet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. Page 144 of 197 Real Estate contract is available in the City Secretary’s office. Page 145 of 197 December 10, 2020 Item No. 4.1. Ordinance amending Appendix A, “Unified Development Ordinance,” Section 11.2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the definitions of “related” and “family.” Sponsor:Jade Broadnax Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 11.2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the definitions of “related” and “family.” Relationship to Strategic Goals: • Neighborhood Integrity • Good Governance Recommendation(s): The Planning & Zoning Commission heard this item at their November 19, 2020 meeting and voted 5-0 to recommend approval of the Unified Development Ordinance amendment contingent upon the inclusion of a clarifying statement that a maximum of one family unit would be allowed to share a single dwelling unit, and a restructuring of the definition to ensure it is easily read. Summary: The current definitions of “related” and “family” restrict occupancy of a single dwelling unit to no more than four unrelated persons city wide. Persons are considered unrelated if they are beyond the first or second degree of consanguinity (blood relation) or affinity (marriage.) The purpose of this amendment is to address public concern regarding the restrictive nature of these definitions and modernize the ordinance in accordance with legal precedent. The proposed Unified Development Ordinance amendment creates a more permissive definition of “family” that removes language referring to degrees of consanguinity and affinity and clarifies specific familial types. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Related and Family Ordinance 2.Sec._11.2.___Defined_Terms. Redline Page 146 of 197 Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 11, “DEFINITION,” SECTION 11.2, “DEFINED TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATED TO THE DEFINITIONS OF “RELATED” AND “FAMILY”; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11.2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 147 of 197 ORDINANCE NO. ___________Page 2 of 4 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ________ day of _____________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 148 of 197 ORDINANCE NO. ___________Page 3 of 4 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11.2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 11.2. - Defined Terms. …. “Family: A family is any number of persons occupying a single dwelling unit, provided that no such family shall contain more than four (4) persons, unless all members are related by blood, adoption, guardianship, or marriage, are an authorized caretaker, or are part of a group home for disabled persons. When counting the number of unrelated persons in a single dwelling unit, a maximum of one group of persons related by blood, adoption, guardianship, marriage, an authorized caretaker, or members of a group home for disabled persons shall be permitted, provided that all other persons shall each count as one unrelated person. Guardianship shall include foster children, exchange students, or those in the process of securing legal custody of a person under age 18. Any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination. The term “family” shall not be construed to mean a club, a lodge, or a fraternity/sorority house.” …. Page 149 of 197 ORDINANCE NO. ___________Page 4 of 4 Ordinance Form 8-14-17 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11.2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by deleting the following language: “Related: Persons are related when they are within the first or second degree of consanguinity or affinity. Persons are not related by affinity unless lawfully married, and any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination.” Page 150 of 197 Sec. 11.2. - Defined Terms. …. Family: A family is one (1) or more any number of persons occupying a single dwelling unit, provided that no such family shall contain more than four (4) persons, unless all members are related by (1) related by blood, (2) adoption, (3) guardianship, (4) or marriage, are an authorized caretaker, or (5) are part of a group home for disabled persons. When counting the number of unrelated persons in a single dwelling unit, a maximum of one group of persons related by blood, adoption, guardianship, marriage, an authorized caretaker, or members of a group home for disabled persons shall be permitted, provided that all other persons shall each count as one unrelated person. Guardianship shall include foster children, exchange students, or those in the process of securing legal custody of a person under age 18. Any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination. The term “family” shall not be construed to mean a club, a lodge, or a fraternity/sorority house. …. Related: Persons are related when they are within the first or second degree of consanguinity or affinity. Persons are not related by affinity unless lawfully married, and any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination. Page 151 of 197 December 10, 2020 Item No. 4.2. Ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately 1.8 acres of land located at 14999 FM 2154. Sponsor:Rachel Lazo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately 1.8 acres of land located at 14999 FM 2154. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their November 19, 2020 Regular meeting where they unanimously voted to recommend approval. Staff recommends approval of the rezoning. Summary: The applicant has requested a rezoning for approximately 1.8 acres of land from R Rural to WC Wellborn Commercial. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject area is designated as Wellborn Commercial on the Comprehensive Plan Future Land Use and Character Map, located within the Wellborn Community Neighborhood Plan area. The neighborhood planning process offers the opportunity to develop an in-depth knowledge of an area and develop area specific approaches to implementing the Comprehensive Plan. These studies include various factors including community character, public facilities and services, and detailed existing conditions. The Wellborn Community was annexed into the City limits in 2011. As a result of that annexation the Wellborn Community Plan was created to help address concerns by residents, landowners, and business owners. The goal of this plan was to work with stakeholders to identify and retain elements of the community that contribute to its rural character, as well as guide future development in the area. One way to implement this goal was to create new land use designations that are unique to the Wellborn Community. The Wellborn Commercial designation is similar to the Suburban Commercial designation in that it is intended for concentrations of commercial activities that focus primarily on the nearby residents versus the larger community. The Wellborn Community Plan goes further to limit the size of uses and not accommodate for drive-thru services. Specific design elements as described in the Wellborn Page 152 of 197 Community Plan should be incorporated into development to limit the visual impact on the community and enhance the defined character. The plan also outlines implementation items to carry out the vision of the plan, one of which was to create unique zoning districts that match the new land use descriptions. These new zoning districts were adopted by City Council in 2016, including WC Wellborn Commercial. This rezoning request from R Rural to WC Wellborn Commercial is in compliance with the Comprehensive Plan and the Wellborn Community Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Surrounding uses with the exception of the nearby office building and Wellborn Special Utility District are nonconforming. Nonconforming uses are able to continue in their existing configuration. The Unified Development Ordinance outlines what types of actions taken on a property require the development to come into compliance with today’s regulations. These actions include but are not limited to use change, building expansion, or other site related changes. As development continues to occur in the area, the Wellborn Community Plan calls for WC Wellborn Commercial zoning along Wellborn Road. The proposed rezoning request is compatible with both nonconforming and conforming uses that surround the property. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The subject property is zoned R Rural. Rural uses would not be ideal here due to the size, location, and close proximity of high-classification roads and commercial uses. The size of the tract would allow for one rural, single-family home, which conflicts with the commercial uses projected in the City’s Comprehensive Plan, and would not be compatible with the adjacent existing uses. However, the proposed zoning district would allow for limited commercial uses, which would be more appropriate for a tract immediately abutting 3 public streets and a railroad. Due to its proximity FM 2154, the subject property is appropriately placed for WC Wellborn Commercial development. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water service is available to the subject area and provided by Wellborn Special Utility District. There is an adjacent 12-inch sanitary sewer line that may serve the area; however, the applicant is proposing to remain on septic. Drainage and public infrastructure will be addressed with site development and shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property has frontage to three roadways: FM 2154 (Wellborn Road), Victoria Avenue, and Royder Road. FM 2154 is designated as a future 4-lane Major Arterial, Victoria Avenue as a future 2-lane Major Collector, and this portion of Royder Road is not on the City’s Thoroughfare Plan as Royder Road to the south is being realigned to FM 2154. Due to the acreage of the subject property, a traffic impact analysis (TIA) is not required for the rezoning request. Page 153 of 197 5. The marketability of the property: R Rural allows for rural residential and agricultural uses. With continuing development in the area, existing commercial developments, and frontage to FM 2154, the property has limited marketability under the current zoning district. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Applicant Supporting Information 4.Vicinity Aerial and Small Area Maps 5.Rezoning Exhibit 6.Rezoning Map Page 154 of 197 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO WC WELLBORN COMMERCIAL ON APPROXIMATELY 1.8 ACRES OF LAND LOCATED AT 14999 FM 2154 AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A,” and Exhibit “B,” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 155 of 197 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 10th day of December, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 156 of 197 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to WC Wellborn Commercial: Page 157 of 197 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 158 of 197 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: November 19, 2020 Advertised Council Hearing Date: December 10, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Creek Meadows Property owner notices mailed: 13 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North 2 Lane Major Collector 2 Lane Major Collector Victoria Avenue South Wellborn Commercial R Rural Restaurant East Local Street Local Street Royder Road West 4 Lane Major Arterial 4 Lane Major Arterial FM 2154 DEVELOPMENT HISTORY Annexation: 2011 Zoning: R Rural upon annexation (2011) Final Plat: Unplatted Site development: Office Page 159 of 197 Name of Project:WELLBORN LEARNING CENTER Address:14999 FM 2154 Legal Description:WELLBORN, BLOCK F (PT OF), ACRES 1.834 Total Acreage:1.834 Applicant:: Property Owner:VIENTO PROPERTIES LLC GATTIS ENGINEERING List the changed or changing conditions in the area or in the City which make this zone change necessary. EXISTING COMMERCIAL ENTITIES Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. COMP PLAN = WC How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? THIS PROPERTY IS NOT SUITABLE FOR RURAL ANYTHING Explain the suitability of the property for uses permitted by the rezoning district requested. SUITABLE FOR WC BECAUSE OF FM 2154 AND GREEN PRAIRIE RD FRONTAGE REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 160 of 197 Explain the suitability of the property for uses permitted by the current zoning district. SUITABLE FOR WC BECAUSE OF FM 2154 AND GREEN PRAIRIE RD FRONTAGE Explain the marketability of the property for uses permitted by the current zoning district. PROPERTY IS NOT MARKETABLE AS A RURAL ZONING List any other reasons to support this zone change. SMALL BUSINESSES ARE ALREADY ON THE PROPERTY Page 2 of 2 Page 161 of 197 Page 162 of 197 Page 163 of 197 Page 164 of 197 FIRM # F-7698 2010 Moses Creek Ct. * College Station, Tx 77845 * (979) 575-5022 INFO@GATTISENGINEERING.COMSCALE:SEPT. 2020DRAWN BY:DATE:PROJECT #:JOE G.NOTEDGE008012GATTISENGINEERING ENGINEERS CONSULTANTS 10/26/2020APPROVED FORBIDDING &CONSTRUCTIONREVISIONS1SCALE: 1" = 30'RE-ZONING PLANGENERAL NOTES:2.CURRENTLY, THE USE OF THIS SINGLE FAMILY HOME IS A PERSONAL RESIDENCE.THE PROPOSED USE IS FOR A SMALL BUSINESS.3.THIS SURVEY DATA AND METES AND BOUNDS DESCRIPTION OF THE SUBJECTPROPERTY SHOWN HEREIN WAS PROVIDED BY KERR SURVEYING, INC.4.ANY SITE DEVELOPMENT TO OCCUR TO THIS PROPERTY SHALL MEET THE CITY OFCOLLEGE STATION DEVELOPMENT STANDARDS FOR WATER, SANITARY SEWER,STORM SEWER, PARKING AND STREET/PAVEMENT DESIGN.1.THIS REZONING MAP IS FOR APPLICATION FOR THE REZONING OF 14999 FM 2154FROM RURAL (R) TO WELLBORN COMMERCIAL (WC).5.DUE TO THE SMALL SIZE OF THE SUBJECT TRACT (1.884 ACRES), A TRAFFIC IMPACTANALYSIS IS NOT REQUIRED. A TRAFFIC GENERATION CHART HAS BEEN PROVIDED BELOW.SCALE: 1" = 200'LOCATION MAPTRAFFIC GENERATION CALCS (I.T.E. PM PEAK HOUR):WELLBORN COMMERCIAL (CODE 820) 3.75 TRIPS/UNIT/DAY40 TRIPS/ACREPROPERTY = 1.834 ACRES3 EXISTING BLDGS = 8,680 SF (MAX. 11,000 SF)EXPECTED TRAFFIC: 1.834 AC * 40 = 73.36 x 3.75 = 275 TRIPS PER DAY PEAK HOUR6.ACCORDING TO THE FEMA F.I.R.M. MAPS FOR BRAZOS COUNTY, TEXAS, THISPROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA PER FEMAMAP #48041C0325E, DATED MAY 16, 2012.METES AND BOUNDS DESCRIPTIONOF A1.834 ACRE TRACTANDREW McMAHAN SURVEY, A-167WELLBORN, BRAZOS COUNTY, TEXASMETES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEINGSITUATED IN THE ANDREW McMAHAN SURVEY, ABSTRACT NO. 167, TOWN OF WELLBORN, BRAZOSCOUNTY, TEXAS. SAID TRACT BEING APORTION OF A CALLED 2.36 ACRE TRACT OF LAND AS DESCRIBEDBY A DEED TO KEREN EDSON RECORDED IN VOLUME 314, PAGE 571 OF THE DEED RECORDS OF BRAZOSCOUNTY, TEXAS.SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:BEGINNING AT A CHAIN LINK FENCE CORNER POST FOUND AT THE INTERSECTION OF F.M. 2154 (R.O. W.VARIES) AND GREENS PRAIRE ROAD WEST (R.O.W. VARIES) MARKING THE NORTHWEST CORNER OF SAID2.36 ACRE TRACT;THENCE:1ƒ ($/21*7+(6287+($67/,1(2)*5((1635$,5(52$':(67)25$',67$1&(OF 319.91 FEET TO A % INCH IRON ROD FOUND AT THE INTERSECTION OF GREENS PRAIRE ROAD WESTAND ROYDER ROAD (R.O.W. VARIES) MARKING THE NORTHEAST CORNER OF THIS HEREIN DESCRIBEDTRACT;THENCE:6ƒ ($/21*7+(6287+:(67/,1(2)52<'(552$')25$',67$1&(2))((7TO A 10 INCH FENCE POST FOUND;THENCE:6ƒ ()25$',67$1&(2))((772$,1&+,52152'6(70$5.,1*7+(SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT AND THE NORTHEAST CORNER OF A 1.101 ACRETRACT OF LAND DESCRIBED BY A DEED TO ERIC J. SCHULTE AND LANETTE R. SCHULTE RECORDED INVOLUME 5338, PAGE 136 OF THE OFFICIAL PUBLIC RECORDS OFBRAZOS COUNTY, TEXAS. FOR REFERENCE,$,1&+,52152')281'%($566ƒ ()25$',67$1&(2))((7THENCE:6ƒ :$/21*7+(1257+:(67/,1(2)6$,'6&+8/7(75$&7)25$',67$1&(2)300.02 FEET TO A % INCH IRON ROD FOUND ON THE NORTHEAST LINE OF F.M. 2154 MARKING THESOUTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT;THENCE:1ƒ ´:$/21*7+(1257+($67/,1(2))0)25$',67$1&(2))((7727+(POINT OF BEGINNING CONTAINING 1.834 ACRES OF LAND AS SURVEYED ON THE GROUND NOVEMBER,2007. SEE PLAT PREPARED NOVEMBER, 2007 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEMSHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATIONVICTORIA AVE.ROYDER RDFM 2154SUBJECT PROPERTYROYDER ROADR.O.W. VARIESN/FERIC J. SCHULTE ANDLANETTE R. SCHULTE1.101 ACRE TRACT(V5338 , P136)VICTORIA AVENUEF.M. 21545/8 INCH IRON RODFOUND - CM1/2 INCH IRON RODFOUND - CM1/2 INCH IRON RODFOUND - CMPOINT OFBEGINNINGCURRENT ZONING - RURAL (R)VIENTO PROPERTIES, LLCSCHLINKE, CLINT1.834 ACRE TRACT(V14893 , P220)CURRENT ZONING - RURAL (R)PROPOSED ZONING - WELLBORN COMMERCIAL (WC)N/FPage 165 of 197 Page 166 of 197 December 10, 2020 Item No. 4.3. Ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to SC Suburban Commercial on approximately 4.5 acres of land located at 412 William D. Fitch Parkway. Sponsor:Jesse Dimeolo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from PDD Planned Development District to SC Suburban Commercial on approximately 4.5 acres of land located at 412 William D. Fitch Parkway. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their November 19, 2020 Regular meeting where they unanimously voted to recommend approval. Staff recommends approval of the rezoning. Summary: The applicant is requesting to rezone approximately 4.5 acres of undeveloped land located between William D Fitch Parkway and WS Phillips Parkway. If approved, the change in the zoning district boundaries from PDD Planned Development District with a SC Suburban Commercial base to SC Suburban Commercial would bring new development opportunities to a vacant piece of land which sits near a major arterial in the city. The current PDD zoning only permits a self-storage facility and by removing this limitation it will open up greater marketability for the site. REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is currently zoned PDD Planned Development District, and is designated as Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map. Properties with the Comprehensive Plan’s Future Land Use and Character Map designation of Restricted Suburban are intended to allow for moderate levels of development activities. These areas will tend to consist of medium-density single-family residential lots when clustered around open space, or larger lot sizes when not clustered. The subject lot is also located in Growth Area IV. In general, growth areas are located in greenfields and are intended to allow land use flexibility when coupled with higher design standards. Growth Area IV is intended for less intense suburban activities and cluster development may be utilized when a large portion (15% or more) of the overall area is retained for open space. The proposed development is consistent with the allowable land uses for Growth Area IV and also with surrounding Page 167 of 197 land use designations. Being located along a heavily trafficked road in the area, and being a primary route to reaching the interior of the city, it is appropriate for the zoning at this location to allow for uses geared toward commuter, visitor, and local patrons. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Land within a close proximity to the subject property include, but are not limited to restaurants, law offices, financial advisory services, an elementary school, and single-family residences. The proposed rezoning is compatible with the land uses in the area and the intent to compliment the character of suburban single-family neighborhoods within the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: Due to its frontage on three public roads, the subject property is appropriately placed for SC Suburban Commercial development. Also, no portion of the subject property is located within the 100-year floodplain. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water and sewer service will be provided by the City of College Station. There are existing water and sewer lines along the property’s southern boundary. There is adequate capacity of both water and sewer for this development. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property has frontage on three roads, William D. Fitch Parkway, which is designated as a Freeway/Expressway on the City’s Thoroughfare Plan, WS Phillips Parkway, which is a 4 lane Minor Arterial and Barron Cut-Off Road, which is a 2 lane Minor Collector. A traffic impact analysis (TIA) was not required for this rezoning request but may be required in the future for site development if the trip generation from the proposed development warrants an analysis. 5. The marketability of the property: The applicant states that they believe the zoning change will allow for better marketability of the property and a better provision for development opportunities that will meet the intent of the requested zoning. The current PDD zoning ordinance completely limits the marketability by restricting the use and layout of buildings on the property. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: Page 168 of 197 1.Ordinance 2.Vicinity Map, Aerial, and Small Area Map 3.Background Information 4.Applicants Supporting Information Page 169 of 197 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM PDD PLANNED DEVELOPMENT DISTRICT TO SC SUBURBAN COMMERCIAL ON APPROXIMATELY 4.5 ACRES OF LAND LOCATED AT 412 WILLIAM D FITCH PARKWAY AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A,” and Exhibit “B,” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 170 of 197 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 10th day of December, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 171 of 197 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to SC Suburban Commercial: Page 172 of 197 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 173 of 197 Page 174 of 197 Page 175 of 197 Page 176 of 197 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: November 19, 2020 Advertised Council Hearing Date: December 10, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 24 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: 0 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Freeway/Expressway R Rural William D Fitch Parkway South Minor Arterial R Rural WS Phillips Parkway East Restricted Suburban PDD Planned Development District Barron Cut-Off Road West Suburban Commercial C-3 Light Commercial Undeveloped DEVELOPMENT HISTORY Annexation: 1995 Zoning: A-O Agricultural-Open and R-1 Single-Family Residential (1995) PDD Planned Development District (2013) Final Plat: Barron Crossing Lot 1, Block 11 (2015) Site development: Undeveloped Page 177 of 197 Area Conditions The current PDD with a base zoning of SC was for a specific Self Storage Facility project that did not move to fruition. It is desired to revert the property to the base SC zoning. Compatibility SC zoning is compatible with the immediately adjacent property zoned C-3 and is compatible with the zoning intent to compliment the character of the suburban single-family neighborhoods within the area. Comprehensive Plan The Comprehensive plan indicates this area to be restricted suburban. Due to the nature and requirements of the SC Zone, it complies with the Comprehensive Plan. Rezoning Suitability SC zoning is the current base zoning for the subject tract. Based on the SC zone requirements, an SC zoning is suitable at this location, Current Suitability The Current PDD zoning (Ordinance No. 2015-3724) only permits a Self-Storage facility development. Property Marketability Based on the Current PDD Zoning Ordinance No. 2015-3724, marketability is completely limited and restricted to a specific self-storage use and layout of buildings. Other Reasons SC zoning will allow for better marketability of the property and a provide for development opportunities that will meet the intent of the requested zone. Page 178 of 197 December 10, 2020 Item No. 4.4. Landscaping Resolution Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a resolution requiring landscaping on City capital projects for major collector and arterial roadways. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of a resolution requiring landscaping on City capital projects for major collector and arterial roadways. Summary: This item is a continuation of the presentation and discussion in the October 8, 2020, City Council meeting concerning landscaping. City Council had requested a presentation on landscaping for City-owned major collector and arterial roadways. During that presentation, an example was provided that demonstrated budgeting landscaping as a percentage of the construction budget. The attached resolution presents a policy that would require budgeting for City capital projects for major collector and arterial roadways in the amount not less than 1% or greater than 2% of the project construction budget. Budget & Financial Summary: Approval of this resolution would require a certain amount of funding be dedicated to landscaping on City capital projects for major collector and arterial roadways. Reviewed & Approved by Legal: No Attachments: 1.Resolution for Landscaping Policy Page 179 of 197 RESOLUTION NO.______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS ADOPTING A POLICY SETTING THE GUIDELINES FOR INCLUDING LANDSCAPING REQUIREMENTS IN CITY CAPITAL STREET IMPROVEMENT PROJECTS. WHEREAS, the City Council of the City of College Station considers landscaping an important component of the City’s arterial and major collector roadway system; and WHEREAS, the City Council wishes to formally adopt rules setting out the requirements and criteria to be followed by City staff for all future City capital street improvement projects involving major collector and arterial roadways; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the findings and recitations set out in the preamble to this Resolution are declared true and correct. PART 2:That the City Council hereby approves and adopts a policy for the Landscaping Requirements for City Capital Street Improvements Projects for major collector and arterial roadways as attached in Exhibit A. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this ___ day of ______, 2020. ATTEST:APPROVED: City Secretary Mayor APPROVED: City Attorney Page 180 of 197 EXHIBIT A It shall be the policy of the City of College Station that City capital projects involving major collector or arterial roadways shall require landscaping in an amount not less than one percent of the project construction budget or greater than two percent of the project construction budget. Page 181 of 197 December 10, 2020 Item No. 4.5. 2021 Legislative Program Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution regarding the City's 2021 Legislative Program for the upcoming 87th Texas Legislature. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend that Council adopt the resolution and/or provide direction as necessary. Summary: The 87th Texas Legislative Session will begin on January 12, 2021. The purpose of this resolution is for the City Council to adopt a 2021 Legislative Program for the City of College Station and to direct the City Manager or his designee to act with regard to the priorities set forth by the document. The City's legislative efforts are intended to protect the City's interests by advocating for what is in the best interest of College Station residents and businesses. Many significant decisions affecting Texas cities are made by the Texas Legislature, and the number of city-related bills as a percentage of total bills filed rises every session. During the 2019 session, more than 2,000 bills were filed that would have affected Texas cities in some way. The Legislative Program highlights the City's position on the importance of home rule authority and local control, managing growth and development, and municipal finances. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Resolution-Legislative Program Page 182 of 197 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTING THE 2021 LEGISLATIVE PROGRAM FOR THE CITY OF COLLEGE STATION, TEXAS; DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO ACT WITH REGARD TO THE CITY’S 2021 LEGISLATIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE WHEREAS, legislative activities are ongoing in the Texas State Legislature; and WHEREAS, it is anticipated that many legislative issues affecting local government will be considered; and WHEREAS, City staff prepared the recommended 2021 Legislative Program attached hereto as Exhibit “A” and the 2021 Legislative Program has been reviewed by the City Council of the City of College Station; and WHEREAS, the City Council is of the opinion that such 2021 Legislative Program is in the best interest of the City and the College Station community (i.e., residents and businesses), should be adopted, and should be forwarded for consideration by the Legislature; and WHEREAS, the City Council is of the further opinion that the City Manager or his designee should be directed to take action with regard to the 2021 Legislative Program as outlined below; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the 2021 Legislative Program that is attached hereto as Exhibit “A” is hereby adopted and approved as the 2021 Legislative Program for the City of College Station. PART 3:That the City Manager or his designee is directed to communicate the items included in the 2021 Legislative Program to members of the Texas Legislature, in general, and/or to the appropriate legislative committees, committee members and others designated by the City Manager. PART 4:That for those items designated as “support” by the City Council, the City Manager or his designee is directed to actively pursue passage of the appropriate legislation if it is introduced by some other entity. The City Manager’s efforts to obtain passage of the legislation may include drafting appropriate legislation, seeking a sponsor, and actively pursuing passage of such legislation by providing testimony and through other means. Page 183 of 197 PART 5:For those items designated as “oppose” by the City Council, the City Manager or his designee is directed to attempt to impede the passage of any such legislation. PART 6:It is recognized this policy will often be implemented in the context of great numbers of legislative proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistent with the necessary broad policy concerns set forth in this program. PART 7:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 184 of 197 EXHIBIT A The 2021 Legislative Program is a guide for City of College Station (“City”) positions and priorities. The purpose of the City’s legislative efforts is to protect the City’s interests by advocating for what is in the best interest of the College Station community (i.e., citizens and businesses). Many significant decisions affecting Texas cities are made by the Texas Legislature, and the number of city-related bills as a percentage of total bills filed rises every session. During the 2019 session, more than 2,000 bills were filed that would have affected Texas cities in some way. LOCAL CONTROL The City seeks to preserve home rule authority for College Station citizens. Decisions are best left at the local level to the elected mayors and city council members who best understand the needs and expectations of their communities. Therefore, the City may oppose bills that will provide for state preemption of municipal authority in general or specifically erode College Station’s authority to govern locally. GROWTH & DEVELOPMENT Local governments bear a responsibility to provide core services that contribute to the overall health and well-being of its citizens. As a vibrant, growing community, the need for additional public safety, transportation, and basic infrastructure resources in College Station is significant. The City supports legislation that would:provide fairness and equity in the application of sales and use taxes for goods and services; make beneficial amendments to HB 3167, the subdivision platting “shot clock” bill, and HB 2439, the building materials billallow for greater flexibility by local governments to fund local transportation projects; amend state law to help cities fund transportation projects or provide cities with additional funding options and resources; support regionally appropriate highway improvements and rail;provide that proper professional licensing requirements remain in effect to ensure the health, safety, and well-being of residents; andestablish that expenditures of Community Development Block Grant funds by cities are a governmental function. The City opposes legislation that would: erode municipal and voter authority related to development matters through land use and zoning, regulatory takings, and building codes;diminish local control of municipally owned utilities; anderode authority for adequate compensation for use of our public rights-of-way and/or erode municipal authority over the management and control of our public rights-of-way, including by state or federal rules or federal legislation. FINANCE Municipal revenue is made up of sources such as property taxes, sales taxes, right-of-way revenues, service fees, and court fines. The City seeks to maintain a predictable level of revenue and oppose state mandates that do not allow the City to provide a stable source of funding to meet the needs of the City’s citizens as approved by City Council. Page 185 of 197 The City supports legislation that would: cap the administrative fee the State Comptroller may assess for the administration of sales tax revenue;clean-up legislation for SB 2 that would clarify the calculation of disputed property tax values and also allow for more timely certified property rolls;legislation that would increase the uses for hotel occupancy taxes; andprovide consistency, uniformity, and additional funding to College Station’s Municipal Court. The City opposes legislation that would:impose new property or sales tax exemptions that would substantially erode College Station’s tax base; impose an unfunded mandate;erode the ability to issue debt; erode local control over employment issues, particularly those related to public safety; anderode local control over retirement issues. Page 186 of 197 December 10, 2020 Item No. 4.6. 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 187 of 197 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 renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor’s July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the Mayor’s August 21, 2020, Disaster Declaration Renewal. On September 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the Mayor’s September 21, 2020, Disaster Declaration Renewal. On October 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the Mayor’s October 20, 2020, Disaster Declaration Renewal. On November 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the Mayor’s November 20, 2020, Disaster Declaration Renewal. On December 7, 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, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, and November 20, 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.December 10 Ordiance Renewing Disaster Declaration Page 188 of 197 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 189 of 197 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; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 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, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS; on September 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, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020 and August 21, 2020; and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS; on October 20, 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, June 22, 2020, July 22, 2020, August 21, 2020; and September 21, 2020 and WHEREAS; on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 190 of 197 Ordinance No Page 3 of 4 WHEREAS; on November 20, 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, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020 and WHEREAS; on November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS; on December 7, 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, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, and November 20, 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 December 7, 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 10th day of December, 2020. PASSED AND ADOPTED, this 10th day of December, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 191 of 197 Ordinance No Page 4 of 4 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON DECEMBER 7, 2020 Page 192 of 197 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 193 of 197 Disaster Declaration Renewal Page 2 of 4 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; 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; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the July 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 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, April 21, 2020, May 22, 2020, June 22, 2020; and July 22, 2020 and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the August 21, 2020, Disaster Declaration Renewal; and WHEREAS; on September 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, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, and August 21, 2020 and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS; on October 20, 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, June 22, 2020; July 22, 2020, August 21, 2020, and September 21, 2020 and WHEREAS; on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 194 of 197 Disaster Declaration Renewal Page 3 of 4 COVID-19 WHEREAS; on November 20, 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, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020 and WHEREAS; on November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the November 20, 2020, Disaster Declaration Renewal; 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, June 22, 2020; July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, and November 20, 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 December 7, 2020. Page 195 of 197 Disaster Declaration Renewal Page 4 of 4 COVID-19 DECLARED this 7th day of December, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 196 of 197 December 10, 2020 Item No. 4.7. Brazos County Regional Mobility Authority Appointment Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the recommendation of an individual to the Brazos County Commissioners Court for possible appointment to the Brazos County Regional Mobility Authority. Relationship to Strategic Goals: Good Governance Recommendation(s): N/A Summary: On May 30, 2019, the Texas Transportation Commission gave formal approval for the creation of a Brazos County Regional Mobility Authority (RMA). The RMA is an independent local government agency with authority to finance, acquire, design, construct, operate and extend transportation projects. The RMA has a total of 5 members. The governor appoints the RMA chairperson, and the Brazos County Commissioners Court appoints four (4) individuals with Texas A&M, City of Bryan, and the City of College Station each recommending one (1) member. Veronica Morgan has served as College Station's appointment to the Brazos County Regional Mobility Authority (RMA) since October 7, 2019. Ms. Morgan’s term will expire on December 31, 2020, and if Council so chooses can recommend Veronica Morgan for another term to serve as College Station's representative to the RMA. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 197 of 197