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10/13/2022 - Regular Agenda Packet - City Council
College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/96728393278 Phone: 888 475 4499 and Meeting ID: 967 2839 3278 October 13, 2022 3:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1.Call to Order. 2.Executive Session is Closed to the Public and Will Be Held in the 1938 Executive Conference Room. The Open Meeting Will Resume No Earlier Than 6:00 PM. Consultation with Attorney {Gov’t Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed. Litigation a.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 b.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 c.Shana Elliott and Lawrence Kalke v. The City of College Station, et al. d.Robert Danny Clack, II v. The City of College Station, et al. e.Kristin Marriott v. The City of College Station Legal Advice a.Legal advice regarding short term rentals. b.Legal advice regarding the enforcement of the family definition included in the Unified Development Ordinance. Real Estate {Gov't Code Section 551.072}; a.Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: Page 1 of 317 City Council Page 2 October 13, 2022 Personnel {Gov’t Code Section 551.074}; Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Secretary b. Municipal Court Judge c. City Auditor d. City Manager e. Council Self Evaluation 3. Reconvene from Executive Session and Take Action, if Any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who wishes to address the City Council regarding any item on the agenda other than those items posted for Executive Session must register with the City Secretary two (2) hours prior to the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. 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. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. 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 three (3) minute mark the City Secretary will announce that the speaker must conclude their remarks. 5. Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation proclaiming October of 2022 as National Disability Employment Awareness Month. Sponsors: Tanya Smith Attachments: 1. 22 National Disability Employment Awareness Month 5.2. Presentation proclaiming October 2022 as Arteriovenous Malformation Awareness Month. Sponsors: Tanya Smith Attachments: 1. 22 AVM Awareness Month 5.3. Presentation proclaiming October 16th as Weinerspiel Day. Sponsors: Tanya Smith Attachments: 1. 22 Wienerspiel Day 5.4. Presentation proclaiming November 7th-11th as Municipal Court Week. Sponsors: Tanya Smith Attachments: 1. 22 Muni Ct Week 5.5. Presentation proclaiming October 2022 as Community Planning Month. Sponsors: Michael Ostrowski Attachments: 1. Community Planning Month Proclamation Page 2 of 317 City Council Page 3 October 13, 2022 6.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. 7.Workshop Items. 7.1. Presentation, discussion, and possible action on an Economic Development program update. Sponsors: Brian Piscacek Attachments: None 7.2. Presentation, discussion, and possible action regarding an update on the regulation of short term rental housing, enforcement, and collection of hotel occupancy tax. Sponsors: Debbie Eller Attachments: None 7.3. Presentation, discussion, and possible action on an update regarding the enforcement of the family definition included in the Unified Development Ordinance for Fiscal Year 2022. Sponsors: Debbie Eller Attachments: None 7.4. Presentation, discussion, and possible action regarding an update on Unlimited Potential and the plans for the facility located at 1115 Anderson. Sponsors: Debbie Eller Attachments: None 8.Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 8.1. Presentation, discussion, and possible action of minutes for: September 22, 2022 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM092222 DRAFT Minutes 8.2. Presentation, discussion, and possible action regarding the award of an annual price agreement for Vehicle Painting and Body Repair Services to Corn's Collision Center, Inc. for an amount not to exceed $150,000 annually and to George's Paint and Body, LLC for an amount not to exceed $150,000 annually, for a total possible contract amount of $900,000. Sponsors: Emily Fisher Attachments: 1. RFP 22-065 Evaluation 2.Corn's Collision Center, Inc Contract 3.George's Paint and Body Contract Page 3 of 317 City Council Page 4 October 13, 2022 8.3. Presentation, discussion, and possible action regarding approval of a contract between the City of College Station and Altitude Energy, LLC, for the construction of the Switch Station Substation Upgrades in the amount of $2,004,933.85. Sponsors: Timothy Crabb Attachments: 1. 22-072 Evaluation Summary Sheet 2. Contract is available for review in the City Secretary's Office 8.4. Presentation, discussion, and possible action on a Microsoft Teams Upgrade contract with The Personal Computer Store, Inc. dba Avinext not to exceed $292,998.44. Sponsors: Sam Rivera Attachments: 1. 22300722 --Avinext 8.5. Presentation, discussion, and possible action on a three-year software license and subscription agreement with ESRI, Inc. not to exceed $271,830. Sponsors: Sam Rivera Attachments: 1. 22300773 ESRI Agreement 8.6. Presentation, discussion, and possible action on Construction Change Order No. 2 with CSA Construction, Inc. in the amount of $70,444.14 for construction services for the Carters Creek Wastewater Treatment Plant Centrifuge Improvements Project. Sponsors: Jennifer Cain Attachments: 1. CCWWTP Centrifuge Change Order 2 unsigned 2. CCWWTP Centrifuge Project Location Map 8.7. Presentation, discussion, and possible action regarding a contract with FreeIT Data Solutions for data storage system hardware, support, and installation services not to exceed $419,667.96. Sponsors: Sam Rivera Attachments: 1. 22300772 RR 8.8. Presentation, discussion, and possible action regarding the approval of contract 22300785 with AESI, Inc. for an amount not to exceed $343,957 for three years for NERC compliance consulting. Sponsors: Timothy Crabb Attachments: 1. Contract is available for review in the City Secretary's Office 8.9. Presentation, discussion, and possible action on amending Resolution 2022-4385 that adopted the fiscal year 2023 fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Sponsors: Mary Ellen Leonard Attachments: 1. FY 22-23 Fee Resolution Amend Rental Reg 8.10. Presentation, discussion, and possible action regarding a resolution accepting the Federal FY- 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $1,942,269 and authorizing and designating the City Manager or his designee to execute the SAFER Grant acceptance and any other documents related to the SAFER Grant. Sponsors: Richard Mann Attachments: 1. 2022 Safer Grant Resolution 2. EMW-2021-FF-00278 - Award Package Page 4 of 317 City Council Page 5 October 13, 2022 8.11. Presentation, discussion, and possible action on a resolution nominating FUJIFILM Diosynth Biotechnologies, LLC for designation by the Governor's Office of Economic Development and Tourism as a Texas Enterprise Project. Sponsors: Tim Neeley Attachments: 1. FUJIFILM Diosynth Biotechnologies Resolution 8.12. Presentation, discussion, and possible action on an ordinance renaming Biomedical Way to Fujifilm Way. Sponsors: Jason Schubert Attachments: 1. FUJIFILM Street Ordinance 8.13. Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Sponsors: Bryan Woods Attachments: 1. October 13 Disaster Declaration Renewal Ordinance 8.14. Presentation, discussion, and possible action regarding a resolution authorizing the City Manager to sign a letter of acceptance for the distribution of State of Texas Community Development Block Grant Mitigation funding from the Texas General Land Office and distributed by the Brazos Valley Council of Governments. Sponsors: Debbie Eller Attachments: 1. Attachment 1 - Resolution 9.Regular Agenda. 9.1. Presentation, discussion, and possible action regarding a construction contract with Vaughn Construction, LLC in the amount of $16,631,810.48 for Phase 1 of the Texas Independence Ballpark project, plus the City’s contingency in the amount of $450,000 for a total appropriation of $17,081,810.48. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. Sponsors: Jennifer Cain Attachments: 1. TX Independance Ballpark Location Map 2.Contract is available for review in the City Secretary's Office 9.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Neighborhood Center to Mixed Residential for approximately 0.356 acres, generally located at 217 Richards Street. Sponsors: Robin Macias Attachments: 1. Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Comprehensive Plan Exhibit 4.Background Information 5.Future Land Use Map 6.Applicant's Supporting Information 9.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A , Unified Development Ordinance, Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GC General Commercial to GS General Suburban for Page 5 of 317 City Council Page 6 October 13, 2022 approximately 0.356 acres located at Holleman Place Lot 1R-2, generally located at 217 Richards Street. Sponsors: Robin Macias Attachments: 1. Ordinance 2. Vicinity Map, Aerial , and Small Area Map 3. Rezoning Exhibit 4. Zoning Map 5. Future Land Use Map 6. Background Information 7. Applicant's Supporting Information 9.4. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A , “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R Rural to GC General Commercial for approximately 2.238 acres including Harvey Hillsides Block 1 Lot 1, generally located at the intersection of Harvey Rd and State Highway 30. Sponsors: Robin Macias Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicant's Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map 9.5. Presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the creation of a new use called Shared Housing. Sponsors: Michael Ostrowski Attachments: 1. Ordinance 2. UDO - Section 6.3 - Types of Uses - Changes 3. UDO - Article 7 - General Development Standards - Changes 4. UDO - Section 11.2 - Defined Terms 5. Future Land Uses to Allow Shared Housing 10. Council Calendar - Council May Discuss Upcoming Events. 11. Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by Page 6 of 317 City Council Page 7 October 13, 2022 an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 12.Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 14.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 October 7, 2022 at 5:00 p.m. This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, City Secretary Page 7 of 317 City Council Page 8 October 13, 2022 Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 8 of 317 October 13, 2022 Item No. 5.1. 2022 National Disability Employment Awareness Month Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption:Presentation proclaiming October of 2022 as National Disability Employment Awareness Month. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the Proclamation. Summary: In recognition of the important role people with disabilities play in a diverse and inclusive American workforce, the theme for National Disability Employment Awareness Month (NDEAM) 2022 will be “Disability: Part of the Equity Equation.” Observed annually in October, NDEAM celebrates the contributions of America’s workers with disabilities past and present and showcases supportive, inclusive employment policies and practices. The annual theme is announced early to facilitate advance planning of events. Budget & Financial Summary: None. Attachments: 1. 22 National Disability Employment Awareness Month Page 9 of 317 Proclamation WHEREAS: October 2022 marks the 77th anniversary of National Disability Employment Awareness Month; and WHEREAS: the purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities; and WHEREAS: the history of National Disability Employment Awareness Month traces back to 1945 when Congress enacted a law declaring the first week in October each year "National Employ the Physically Handicapped Week;" and WHEREAS: in 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities; and WHEREAS: in 1988, Congress expanded the week to a month and changed the name to National Disability Employment Awareness Month; and WHEREAS: workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and WHEREAS: activities during this month will reinforce the value and talent people with disabilities add to our workplaces and communities and affirm College Station, Texas, County of Brazos commitment to an inclusive community that increases access and opportunities to all, including individuals with disabilities. NOW, THEREFORE, to recognize and commemorate the 77th Anniversary I, Karl Mooney, as Mayor of the City of College Station , Texas, do hereby proclaim October 2022 as National Disability Employment Awareness Month and call upon employers, schools, and other community organizations in College Station, Texas, to observe October with appropriate programs and activities, and to advance its important message that people with disabilities add value and talent to our workplaces and communities. Also, to pledge to continue to take steps throughout the year to recruit, hire, retain, and advance individuals with disabilities and work to pursue the goals of opportunity, full participation, economic self-sufficiency, and independent living for people with disabilities. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 13th Day of October 2022. Karl P. Mooney Mayor Attest: Tanya Smith City Secretary Page 10 of 317 October 13, 2022 Item No. 5.2. 2022 as Arteriovenous Malformation Awareness Month Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption:Presentation proclaiming October 2022 as Arteriovenous Malformation Awareness Month. Relationship to Strategic Goals: - Good Governance Recommendation(s): Recieve the Proclamation. Summary: The Aneurysm Foundation (TAF) was established by the Kaitz family in 2003 in honor of family members who lived with, or died from, brain aneurysms. The Kaitz family was astonished by the lack of public awareness and under-support of research of such a widespread and often fatal condition. Through TAF the family launched a crusade to educate and encourage awareness about brain aneurysms. In 2005 a group of medical professionals, survivors and caregivers briefly formed the Foundation for Brain Aneurysm and Vascular Malformations. The primary focus was to provide motivational and other educational resources to the patient and caregiver community, and to increase public awareness. With similar visions and complementary goals, these foundations merged to expand The Aneurysm Foundation into the present day foundation now known as ‘The Aneurysm and AVM Foundation’ (TAAF). Today TAAF focuses on public awareness, furthering research, and fostering a community of support for those affected by aneurysm and other types of vascular malformation of the brain. Budget & Financial Summary: None. Attachments: 1. 22 AVM Awareness Month Page 11 of 317 Proclamation WHEREAS: Arteriovenous malformation (AVM) is a complex tangle of arteries and veins that bypasses normal brain tissue and directly diverts blood from the arteries to the veins, potentially resulting in devasting ruptures, seizures, or death; and WHEREAS: Strokes have no age limit, brain AVM is the No. 1 cause of brain bleed in children, and an estimated 18 in 100,000 people in the United States have an AVM in the brain; and WHEREAS: After an AVM ruptures there is a 10-15% risk of death and a 20-30% chance of permanent brain damage after each bleed; and WHEREAS: About 10-58% of AVM patients have various kinds of aneurysms, a weak area in a blood vessel that enlarges like a balloon, and are at risk for bleeding or rupture leading to possible brain damage or long-term disability; and WHEREAS: 50% of AVM patients present as sudden hemorrhage, bleeding in the brain, or a form of stroke; and WHEREAS: Access to accurate information, expertise, and community to support survivors, caregivers, families, and friends in making educated decisions about treatment and coping can make a critical difference in minimizing risks and increasing the quality of life for those affected; and WHEREAS: More research is needed to determine the causes, discover better treatment options, and find a cure for AVM. Increased public awareness is necessary so that individuals are better able to recognize symptoms and understand available resources and options. NOW, THEREFORE, I, Karl Mooney, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, do hereby proclaim October 2022 as AVM Awareness Month and all encourage citizens to raise awareness of aneurysms and AVMs and support efforts being made to help those affected by these brain conditions. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas, this 13th Day of October 2022. Karl P. Mooney Mayor Attest: Tanya Smith City Secretary Page 12 of 317 October 13, 2022 Item No. 5.3. Proclamation for Weinerspiel Day Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption:Presentation proclaiming October 16th as Weinerspiel Day. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the proclamation. Summary: Weinerspiel is raising funds for non-profits who help homeless, unwanted, and neglected animals, as well as organizations who support the human/animal bond and advocating in city and state governments! Budget & Financial Summary: None. Attachments: 1. 22 Wienerspiel Day Page 13 of 317 Proclamation Whereas:Since 2007, the City of College Station has been a sponsor of Wiener Dog Races and Wanna Be a Wiener Dog Events; and Whereas:Wienerspiel is holding its 4th year of races in the City of College Station at Wolf Pen Creek Amphitheater and these events celebrate and honor the bond of people and their dogs; and Whereas:Wienerspiel is a 501c3 Nonprofit organization and though their fundraising efforts, have been able to award over a dozen animal nonprofits locally and nonprofit organizations which support the human and animal bond such as efforts support to homeless animals such as dogs, cats, pot belly pigs, horses, donkeys, and even ducks; and Whereas:Wienerspiel also works with local and state elected leaders to help promote laws and ordinances for humane treatment of animals and has been successful promoting the Retail Pet Store Ordinance in College Station, making the it the 8th city in the State of Texas to pass such an ordinance; and Whereas:Wienerspiel is a member of the Bryan/College Station Chamber of Commerce and understands the importance of supporting and promoting local businesses and nonprofits while partnering with local businesses to promote them as well as have Yappy Hours with our Restaurant Partners; and Whereas:Wienerspiel is very proud to hold one of the Signature events in College Station and its races will include hundreds of dogs, vendors, community members, racing, and costume events which have brought in people from all over the nation. Now, Therefore, be it Resolved, I, Karl Mooney, as Mayor of the City of College Station, Texas, and acting on behalf of the College Station City Council, do hereby proclaim October 16, 2022, as Wienerspiel Day In Testimony Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 13th day of October 2022. Karl P. Mooney Mayor Attest Tanya Smith City Secretary Page 14 of 317 October 13, 2022 Item No. 5.4. November 7th-11th as Municipal Court Week Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption:Presentation proclaiming November 7th-11th as Municipal Court Week. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the Proclamation. Summary: Join municipal courts, city councils, and communities throughout Texas in showing appreciation for the dedicated municipal judges, court clerks, court administrators, prosecutors, bailiffs, and warrant officers who comprise the Texas municipal courts from November 7-11, 2022. Municipal Court Week is a great time to not only recognize how much municipal courts do, but to share with the public the important role that local courts and their personnel play in the criminal justice system and the larger community. TMCEC encourages all cities to adopt the attached proclamation in recognition of Municipal Court Week. All cities that adopt the proclamation and notify TMCEC of its adoption will be recognized by TMCEC in a future edition of The Recorder. Budget & Financial Summary: None. Attachments: 1. 22 Muni Ct Week Page 15 of 317 Proclamation WHEREAS, the Municipal Court of College Station, a time honored and vital part of local government, has existed since January 8, 1952; and WHEREAS, more people, citizens and non-citizens alike, come in personal contact with municipal courts than all other Texas courts combined; and WHEREAS, public impression of the entire Texas judicial system is largely dependent upon the public’s experience in Municipal Court; and WHEREAS, Municipal Judges and court support personnel have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct; and WHEREAS, the Municipal Courts play a significant role in preserving the quality of life in Texas communities through the adjudication of traffic offenses, ensuring a high level of traffic safety for our citizens; and WHEREAS, the Municipal Courts serve as the local justice center for the enforc ement of local ordinances and fine-only state offenses that protect the peace and dignity of our community and our state; and WHEREAS, the Municipal Judges and Clerks continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the 878 Texas Municipal Courts, and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior. NOW, THEREFORE, I, Karl Mooney, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, do hereby proclaim November 7-11, 2022 as Municipal Court Week and further extend our appreciation to College Station Municipal Judge Spillane and court support personnel for the vital services they perform and their exemplary dedication to our community and call upon all residents of College Station to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the communities they represent. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 13th Day of October, 2022 Karl Mooney Mayor Attest: Tanya Smith City Secretary Page 16 of 317 October 13, 2022 Item No. 5.5. Community Planning Month Proclamation Sponsor: Michael Ostrowski, Director of Planning and Development Reviewed By CBC: N/A Agenda Caption:Presentation proclaiming October 2022 as Community Planning Month. Relationship to Strategic Goals: Recommendation(s): Summary: Budget & Financial Summary: Attachments: 1. Community Planning Month Proclamation Page 17 of 317 Proclamation WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the American Planning Association endorses National Community Planning Month as an opportunity to highlight how planning is essential to recovery and how planners can lead communities to equitable, resilient and long-lasting recovery; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of College Station; and WHEREAS, we recognize the many valuable contributions made by professional planners of the City of College Station and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, I, Karl Mooney, as Mayor of the City of College Station, Texas, on behalf of the entire College Station City Council, and in conjunction with the celebration of National Community Planning Month do hereby proclaim October 2022 as Community Planning Month IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas, this 13th Day of October 2022. Karl P. Mooney Mayor Attest: Tanya Smith City Secretary Page 18 of 317 October 13, 2022 Item No. 7.1. Economic Development Program Update Sponsor: Brian Piscacek, Economic Development Manager Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an Economic Development program update. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommend that Council receive the presentation and provide direction as desired. Summary: Economic development staff will provide an overview regarding the Economic Development Master Plan and specific initiatives and programs including industry recruitment, business retention and expansion, retail recruitment, and redevelopment efforts. Staff will also provide an update on key economic indicators. Budget & Financial Summary: N/A Attachments: None Page 19 of 317 October 13, 2022 Item No. 7.2. Short term rental housing update Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an update on the regulation of short term rental housing, enforcement, and collection of hotel occupancy tax. Relationship to Strategic Goals: Neighborhood Integrity, Good Governance Recommendation(s): Staff recommends the Council receive an update regarding the regulation of short term rental housing. Summary: On June 25, 2020, the City Council adopted an ordinance regulating short term rental housing to require a registration and permitting process. This ordinance became effective October 1, 2020 with a grandfathering period available until November 29, 2020. This update will provide the number of currently permitted STR's, number of renewals, process for identification of short term rentals operating, and enforcement action taken. Budget & Financial Summary: Attachments: None Page 20 of 317 October 13, 2022 Item No. 7.3. Enforcement of Family Definition Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an update regarding the enforcement of the family definition included in the Unified Development Ordinance for Fiscal Year 2022. Relationship to Strategic Goals: Neighborhood Integrity, Good Governance Recommendation(s): Staff recommends the Council receive an update regarding enforcement of the Family Definition for FY2022 Summary: Staff will provide an update to City Council regarding the enforcement of the Family Definition. The definition of a family in the Unified Development Ordinances states: "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." This update will provide Code Enforcement statistics for Fiscal Year 2022 to include investigations, legal action initiated, results, and fine totals. Budget & Financial Summary: N/A Attachments: None Page 21 of 317 October 13, 2022 Item No. 7.4. Unlimited Potential Update Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding an update on Unlimited Potential and the plans for the facility located at 1115 Anderson. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): Staff recommends the Council receive a presentation from Unlimited Potential. Summary: This item is included at the request of Council at the September 22, 2022 meeting and includes an update from Unlimited Potenial regarding the facility located at 1115 Anderson, funding plans, and operational plans. Staff will provide an update regarding direction from Council to work with Unlimited Potential to demolish the existing structure. Budget & Financial Summary: N/A Attachments: None Page 22 of 317 CCM092222 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION SEPTEMBER 22, 2022 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: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Assistant City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:02 p.m. on September 22, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:03 p.m. on September 22, 2022, 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; and Shana Elliott and Lawrence Kalke v. The City of College Station, et al. Robert Danny Clack, II v. The City of College Station, et al. Page 23 of 317 CCM092222 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit: Legal Advice related to short term rentals. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation E. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: Economic incentives for a property generally located at the intersection of Biomedical Way and Health Science Center Parkway. 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:32 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1 Presentation proclaiming October 5th as World Teachers' Day. Mayor Mooney presented a proclamation to CSISD and all other area teachers and proclaimed October 5th, 2022, as World Teachers’ Day. 6. Hear Visitors Comments John Nicks, Plantersville, came before Council to request council meetings be split over two days or we have weekly meetings, and to consider placing page numbers for item attachments on the actual agenda. Tre Watson, College Station, requested Council to prepare a letter in support of reinstating the MSC as an Early Voting location. 7. WORKSHOP ITEMS Workshop Item 7.3 was taken out of order and discussed first. 7.1. Presentation, discussion, and possible action on the proposed “Cooling” College Station: Five-Year Planting Plan for Urban Heat Mitigation. Page 24 of 317 CCM092222 Minutes Page 3 Michael Ostrowski, Planning and Development Director, presented a brief update on the past years process leading up to the proposed “Cooling” College Station: Five-Year Planting Plan for Urban Heat Mitigation. September 2021 Informational presentation on heat islands City Council requested five-year planting plan April 2022 Presentation on five-year planting plan and residential planting program 376 trees over five years, along with 2,500 trees for residential planting program City Council requested to increase the number of plantings Mr. Ostrowski, explained that since then staff has identified additional planting areas, as well as increased the density of previously proposed planting areas. With the additional areas and increased density, the program could increase the number of trees to approximately 4,800 over five years. In addition, the 500 trees per year for the residential program would also continue, bringing the total number of trees to about 7,300 over five years. Staff has also continued to build on partnerships for the program. The TAMU Forest Service has graciously committed to providing $15,000/year for two years for the city to purchase and plant trees in areas to help combat the urban heat island. In addition, they would offer 250 seedlings for the annual residential tree distribution event. Five-Year Planting Plan Residential Planting Program 4,787 trees 2,500 trees Council directed staff to move forward with the proposed “Cooling” College Station: Five-Year Planting Plan for Urban Heat Mitigation and look into funding. 7.2. Presentation, discussion, and possible action regarding options for Shady Drive. Emily Fisher, Public Works Director, stated that Shady Drive is a dead-end street located off Francis Drive and provided options for the repair of Shady Drive and associated costs. Asphalt Maintenance $36,000 Shady only Complete Rebuild $1,300,000 Includes Water / Wastewater Concrete Includes Post Oak Page 25 of 317 CCM092222 Minutes Page 4 At approximately 7:59 p.m., Mayor Mooney opened for Citizen Comments. John Junkins, College Station, spoke for a group on citizens that lives on or near Shady Drive and would like to see the road completely rebuilt, not just maintained. There being no further comments, Citizen Comments were closed at 8:02 p.m. Majority of Council directed staff to move forward with the asphalt maintenance but start allocating and design for the construction cost of the complete rebuild. 7.3. Presentation, discussion, and possible action regarding the design of the Egremont Court Rehabilitation Project. (This item was discussed before 7.1 & 7.3) Jennifer Cain, Capital Projects, presented the design progress on the Egremont Court Rehabilitation Project. The residents located on Egremont requested to mitigate the water ponding observed along the end of the cul-de-sac. The FY22 Budget Amendment #1 allocated $150,000 for this project. Mrs. Cain explained the current conditions of Egremont Court: Egremont Court slopes in the direction of Odell Ln and the storm drains along the street. The cul-de-sac is relatively level at the entrance, bulges up toward the center, and slopes gently back towards the curb along the northern side and around the perimeter; and the Water runoff from the adjacent properties and on the northern portion of the cul- de-sac does not drain and accumulates along the perimeter. Design Engineer Identified Alternatives 1. Install storm inlet at the northern end of the cul-de-sac and run storm drain through and existing PUE to Victoria and then eastward to an existing inlet and repair the cul-de-sac. 2. Install storm inlet at the northern end of the cul-de-sac and run storm drain through and existing PUE to Victoria and then westward to an existing inlet and repair the cul-de-sac. 3. Install storm inlet at the northern end of the cul-de-sac and run storm drain south to existing storm inlet and repair the cul-de-sac. Staff is recommended Option 2 as it will be shortest route and have the least impact Shortest Route: Option 1: approximately 405 LF of pipe Option 2: approximately 215 LF of pipe Option 3: approximately 460 LF of pipe Least Impact: Option 1: uses existing PUE, impacts approximately 265 LF of sidewalk that would need to be removed and replaced, impacts 5 driveways in the cul-de-sac. Option 2: uses existing PUE, impacts approximately 60 LF of sidewalk that would need to be removed and replaced, impacts 5 driveways in the cul-de-sac. Option 3: uses existing ROW, impacts the entire cul-de-sac with about 100 LF of pipe placed beneath it, approximately 365 LF of sidewalk, impacts 5 driveways in the cul-de-sac, and 5 additional driveways along Egremont. Council gave direction to move forward with the design of the Egremont Court Rehabilitation Project as recommended by staff. 8. CONSENT ITEMS Page 26 of 317 CCM092222 Minutes Page 5 Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Tanya Smith, City Secretary, made note that corrections were made to Consent Item 8.1 City Council Minutes for September 8, 2022. At approximately 8:08 p.m., Mayor Mooney opened for Citizen Comments. John Nicks, Plantersville, came before Council to support Consent Item 8.3 the contract with Axon Enterprise Inc. in the amount of $6,417,557.66. There being no further comments, Citizen Comments were closed at 8:09 p.m. 8.1. Presentation, discussion, and possible action of minutes for: August 25, 2022 Council Meeting September 8, 2022 Council Meeting 8.2. Presentation, discussion, and possible action on Resolution No. 09-22-22-8.2 approving the City’s investment policy, reviewing, and recording changes to such policy and strategy, approving a collateral policy, and designating investment officers for the fiscal year ending September 30, 2023, stating that the City Council has reviewed and approved the City's investment policy, broker-dealer list and investment strategy. 8.3. Presentation, discussion, and possible action on a ten-year agreement with Axon Enterprise, Inc. (“AXON”) for the purchase and support of products and services including body cameras, fleet cameras, electronic control devices, digital storage, and associated reporting systems for an amount not to exceed $6,417,557.66. 8.4. Presentation, discussion, and possible action regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto Property Damage, Cyber Liability, Unmanned Aircraft liability and property; Special Events policies for Fiscal Year 2023. FY23 premiums for all lines of coverage are not to exceed $1,080,000. 8.5. Presentation, discussion, and possible action on approving a five-year master services agreement for utility billing software and services with Origin Utility, Inc. not to exceed $2,273,185.09. 8.6. Presentation, discussion, and possible action on authorizing additional expenditures up to $500,000 for the purchase of fuel through an existing contract with Fikes Wholesale, Inc.; bringing the total annual estimated expenditure to $1,900,000. 8.7. Presentation, discussion, and possible action regarding Change Order No. 1 for an amount not to exceed $70,000 to the construction contract with Larry Young Paving for the Rock Prairie Road West Project. Page 27 of 317 CCM092222 Minutes Page 6 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 Consent Items. The motion carried unanimously. Mayor Mooney recessed the City Council meeting at 8:09 p.m. The City Council meeting was reconvened by Mayor Mooney at 8:21p.m. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2022-4390 vacating and abandoning a 0.087-acre portion of a 15-foot Public Utility Easement, said portion lying due east of the terminus of Biomedical Way, of the Traditions Subdivision Phase 23 according to the easement agreement recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas. Anthony Armstrong, Planning and Zoning, stated that the 0.087-acre public utility easement abandonment located due east of the current terminus of Biomedical Way Drive is being requested by the applicant because of a desire to expand the existing building to this area. There is existing infrastructure within the easement that is part of a current Site Plan application that will remove the waterline located here. At approximately 8:32 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:23 p.m. 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. 2022- 4390, vacating and abandoning a 0.087-acre portion of a 15-foot Public Utility Easement, said portion lying due east of the terminus of Biomedical Way, of the Traditions Subdivision Phase 23 according to the easement agreement recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas. The motion unanimously carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4391 amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 9.86 acres of land, being 26 lots within North Forest Estates, Block 1 and 2, generally located along Justin Avenue. Alyssa Halle-Schramm, Planning and Zoning, stated that This request is to rezone approximately 9.86 acres being 26 lots within the North Forest Estates subdivision from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay. This request is to add the ROO, which is a single-family overlay zoning district, to the existing base zoning within the North Forest Estate subdivision boundaries. The ROO overlay is intended to provide subdivision-specific occupancy regulations – not to exceed two unrelated persons per single-family dwelling or accessory living quarter. The Petition Committee, comprised of North Forest Estates homeowners, has met all requirements of the ROO application process. The Petition Committee submitted the application materials including the ROO petition that contained 20 total signatures. City staff were able to verify 19 of the 20 signatures, representing 73.1% of the subdivision in support of the requested ROO. Page 28 of 317 CCM092222 Minutes Page 7 Ms. Hall-Schramm explained that staff held a required City-hosted neighborhood meeting for the North Forest Estates ROO request on August 9, 2022. There were five residents in attendance, three from North Forest Estates who signed the petition in support of the ROO, one participating remotely on Zoom who did not provide comment, and one from the nearby North Forest subdivision who was interested in learning about the ROO application and whether it applied to his property, which it does not. The Planning & Zoning Commission heard this item at their September 1, 2022 meeting and voted 4-2 to recommend approval. At approximately 8:46 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:46 p.m. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Ordinance No. 2022-4391, amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 9.86 acres of land, being 26 lots within North Forest Estates, Block 1 and 2, generally located along Justin Avenue. The motion unanimously carried unanimously. 9.3. Presentation, discussion, and possible action on the Small Area Plan Audit. Naomi Sing, Planning and Development, presented the Small Area Plan Audit that included findings from the audit process, implementation highlights, challenges of the small area planning process, and recommendations to improve future planning efforts, peer city research, next steps, and maps and implementation charts of each plan. The five plans evaluated through this audit are the Central College Station Neighborhood Plan, the Eastgate Neighborhood Plan, the Southside Area Neighborhood Plan, the South Knoll Area Plan, and the Wellborn Community Plan. From the audit process and conversations with peers, City staff developed four key recommendations for future small area planning efforts: 1) Develop a clear implementation tracking strategy early in the plan creation process that ideally includes plan action tracking software to support collaboration across City departments. 2) Distinguish between actions that are the responsibility of the city to implement and those that must be neighborhood-led. 3) Develop specific and quantifiable actions that lead to measurable outcomes. 4) Set clear planning horizons with sunset provisions that expire plans after a certain date. This item was presented to the Planning & Zoning Commission on September 1, 2022, where the Commission unanimously recommended acceptance of the Small Area Plan Audit and its findings. Staff recommends that Council receive the presentation and accept the audit. At approximately 9:11 p.m., Mayor Mooney opened for Citizen Comments. Veronica Morgan, College Station, came before Council in support of the small area plan and pressed upon Council to stay on schedule with the timeline. Page 29 of 317 CCM092222 Minutes Page 8 There being no further comments, Citizen Comments were closed at 9:13 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Small Area Plan Audit. The motion unanimously carried unanimously. 9.4. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the creation of a new use called Shared Housing. Michael Ostrowski, Planning and Development Director, presented at two City Council workshops (5/27/2021 and 4/28/2022) on options to preserve neighborhood character / integrity. One of the items coming out of the workshops was to address issues relating to the increasing number of properties that are redeveloping into a Shared Housing type use, which may not be compatible with the other residential uses within the area. To address the concerns, one of the first steps is to define the use within the Unified Development Ordinance (UDO). Therefore, staff proposed to create a use and related definition for Shared Housing. Shared Housing, also known as “Stealth Dorms” or “Ag Shacks” are uses that typically facilitate allowing more than four unrelated persons within a structure, which exceeds the definition of Family. However, because the structures are currently categorized as single-family, they have been allowed to develop as single-family within residential neighborhoods. Section 6.3 – Add Shared Housing to the use table and make it a permitted use within the MF – Multi-Family and Northgate districts. The intent would also be to make them a permitted use within the MH – Middle Housing district once it is created. Section 6.3 – Remove the Northgate High-Density Dwelling Unit as the Shared Housing use would replace it. Section 7.2 – Require that structures with Shared Housing uses would be subject to the Low- Density Residential Height Protection requirements. Section 7.3 – Set the parking standards for Shared Housing uses to one per room that are at least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator may also exclude additional rooms, but not below the number of bedrooms. Section 7.7 – Require Shared Housing uses to buffer to lower classification uses or zoning districts. Section 11.2 – Remove the Northgate High Density Dwelling Unit definition, as it is being replaced by the Shared Housing use. The Planning and Zoning Commission heard this item at their 9/1/22 meeting and unanimously recommended approval. Staff also recommends approval. At approximately 9:33 p.m., Mayor Mooney opened the Public Hearing. Madeline Reed, College Station, came before Council to express her concerns on the way this ordinance is structured. Ms. Reed explained that she has several homes in this area that will be her retirement when she decides to sell but if this ordinance is passed it will turn potential rental homes Page 30 of 317 CCM092222 Minutes Page 9 into single family housing surrounded by student housing. This will decrease this value when she decides to sell. Brian Alg, College Station, stated that this proposed ordinance gives open ended authority to the administrator which will cause litigations and block construction. Veronica Morgan, College Station, came before Council to express her concerns on how the proposed ordinance will be implemented. For example, the 2 miles radius might be subjective, or by unintentionally restricting game day housing. Chad Hoovey, College Station, stated that he received numerous calls commenting this item should be tabled to hold stakeholder meetings. There being no further comments, the Public Hearing was closed at 9:45 p.m. MOTION: Upon a motion made by Mayor Mooney, and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to postpone to October 13, 2022 Council Meeting, an Oridnance amending Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the creation of a new use called Shared Housing. The motion carried unanimously. 10. Council Calendar Council reviewed the calendar. 11. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Nothing to report. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Nichols reported on the Brazos County Board of Health. Page 31 of 317 CCM092222 Minutes Page 10 13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Crompton requested that an update from Unlimited Potential be brought to Council on October 13, 2022. Councilmember Cunha requested a report from the City Facilities Naming Sub-Committee. 14. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:05 p.m. on Thursday, September 22, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 32 of 317 October 13, 2022 Item No. 8.2. Annual Price Agreement for Vehicle Painting and Body Repair Services Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the award of an annual price agreement for Vehicle Painting and Body Repair Services to Corn's Collision Center, Inc. for an amount not to exceed $150,000 annually and to George's Paint and Body, LLC for an amount not to exceed $150,000 annually, for a total possible contract amount of $900,000. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends award of contracts. Summary: On Wednesday, August 10th, 2022, RFP 22-065 Vehicle Painting and Body Repair Services was opened with four vendors responding. Staff evaluated all proposals including a site visit for a newly responding vendor. Corn's Collision Center, Inc. and George’s Paint and Body, LLC have been identified as the best qualified vendors. The contracts initial terms are for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Budget & Financial Summary: Funds are available in the Fleet Maintenance Fund and the Property and Casualty Fund. Attachments: 1. RFP 22-065 Evaluation 2. Corn's Collision Center, Inc Contract 3. George's Paint and Body Contract Page 33 of 317 RFP #22-065 CITY OF COLLEGE STATION VEHICLE PAINTING AND BODY REPAIR SERVICES MAXIMUM SCORE Corn's Collision Center, Inc. (Hearne, TX) George's Paint & Body (Bryan, TX) Hail Star PDR LLC (Bryan, TX) Krause Paint & Body Inc. (Bryan, TX) 50 50 25 30 20 35 33 25 25 35 15 10 7 12 0 100 93 57 67 55 1st 3rd 2nd 4th Site visit removed vendor from consideration due to insufficient repair facility capacity. Rates & Expenses Detail Fees Qualifications & Experience Company Admin, Organization, Staffing. Point of Contact, and years of experience. Certifications, and licenses, etc. EVALUATION CRITERIA References Reference list, Similar projects from governmental agencies (preferred), contract(s) length, amount of contract(s) TOTAL POINTS RANKING COMMENTS Page 34 of 317 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home- Corn's Collision Center, Inc. for the following work: Vehicle Painting and Body Repair Services, as described in RFP 22-065 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 One Hundred Fifty Thousand and ____/100 Dollars00 150,000.00 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 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 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 renew5 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 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 1 Page 35 of 317 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 Iof 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 atimely basis all services to be provided by the Contractor hereunder, including any service as to which there is adispute. 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 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 2 Page 36 of 317 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. 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 3 Page 37 of 317 d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e) T. 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 an- 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 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 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: 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 4 Page 38 of 317 a) ity not less than $1,000,000 for each accident/each disease/each employee are required; b) and c) ion coverage 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 tobe 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 agood, 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. 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 5 Page 39 of 317 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 awaiver 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. 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 6 Page 40 of 317 6.11Entire 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. 6.12Agree 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. 6.13Effective Date.This Contract goes into effect when duly approved by all the parties hereto. 6.14Notice. CITY OF COLLEGE STATION CORN'S COLLISION CENTER, INC. Troy PembertonAttn: _______________ Brandon CornPOBOX9960Attn: ___________________ 1111 South Market Street1101TexasAve________________________ Hearne, TX 77859CollegeStation, TX 77842________________________ tpemberton cornscollisioncenter@gmail.com@cstx.gov________________________ 6.17Exhibits. a) 33411741ContractNo.___________ General Service Contract Form 08-10-2021Page | 7 Page 41 of 317 b)Boycott Firearms.If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractorverifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and c)BoycottEnergy Companies.Subject to § 2274.002 Texas Government CodeConherein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. 33411741ContractNo.___________ General Service Contract Form 08-10-2021Page | 8 Page 42 of 317 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance CORN'S COLLISION CENTER, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: 33411741ContractNo.___________ General Service Contract Form 08-10-2021 Page | 9 President Brandon Corn 9/22/2022 9/22/2022 9/23/2022 Page 43 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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. Contract is for Vehicle Painting and Body Repair Services, to include but not be limited to removing dents, repairing collision damage, rust removal, painting all or portions of vehicle bodies, hail damage, etc. as called for in the solicitation documents, specifications and Bid Form; as described in RFP 22-065. Reference contractors proposal attached. 22300630 Page 44 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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: ✔ Vehicle Painting and Body Repair Services (as needed) Not to Exceed: $150,000 22300630 Page 45 of 317 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT C CERTIFICATES OF INSURANCE 22300630 Page 46 of 317 09/16/2022 SIG Insurance Services, LLC 2751 Nash Street Suite 100 Bryan TX 77802 Angie Estlund (979)703-4421 (979)703-4426 angie.estlund@sig4you.com CORNS COLLISION CENTER INC 1111 S MARKET ST HEARNE TX 77859 Mesa Underwriters Specialty Ins Co Texas Mutual 22945 Travelers 00089511 CL2082652091 A Y MP0042023011823 08/23/2022 08/23/2023 1,000,000 1,000,000 2,000,000 A MP0042023011823 08/23/2022 08/23/2023 01 500,000 02 ded 1,000 01 500,000 02 ded 1,000 A Y MP0042023011823 08/23/2022 08/23/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y 0002003023 09/14/2022 09/14/2023 1,000,000 1,000,000 1,000,000 C COMMERCIAL AUTO BA7T900964 08/23/2022 08/23/2023 Liability limits 1,000,000 The General Liability, Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. This policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the CITY OF COLLEGE STATION PO BOX 9960 1101 TEXAS AVE COLLEGE STATION TX 77842 PROD / CUSTOMER ID: OTHER: EROTH-STATUTEPER LOC LOC LOC OTC LOC $ $ AUTO ONLY (Ea accident) $AGGREGATE ONLYHIRED AUTOS AUTOS ONLY IN GARAGE AUTOS USED JECT COLLISION EXCESS PERILSSPECIFIED PRIMARY COMP / DIRECT BASIS LEGAL LIABILITY GARAGE KEEPERS LIABILITY $ $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-LOC 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. $ $ Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) REMARKS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR REMARKS (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 $ $ OTHER THAN AUTO ONLY $EA ACCIDENT GARAGE LIABILITY OWNED 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 #:CERTIFICATE #:COVERAGES The ACORD name and logo are registered marks of ACORD 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. CERTIFICATE OF GARAGE INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 30 (2016/03) © 2010-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER NON-OWNED BUSINESS ANY AUTO 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). Page 47 of 317 CORNS COLLISION CENTER INC 00089511 SIG Insurance Services, LLC 30 Certificate of Garage Insurance: Remarks named insured and the certificate holder that requires it. The City of College Station has it required in their contract. 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: Page 48 of 317 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the "City") and George's Paint and Body (the "Contractor"), for the following work: Vehicle Painting and Body Repair Services, as described in RFP 22-065 as described in the Scope of Services attached as Exhibit "A". ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of Services and Contractor's Completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed One Hundred Fifty Thousand and 00 /100 Dollars ~~~~~----'--~~~~~~~~~~~~~~~~~~~~~ ($ 150,000.00 ). 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 City's Payment and Approval. The City will pay Contractor as shown in Exhibit "B" Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City's receipt of the payment application and the City's approval of the services. D 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 12] 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. The "Notice to Proceed" will not be given nor shall any work 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 Contract No. 22300763 General Service Contract Form 08-10-2021 Page 11 Page 49 of 317 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 Contract No. 22300763 General Service Contract Form 08-10-2021 Page 12 Page 50 of 317 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. The term "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 The Contractor'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 "C". During the term of this Agreement Contractor's insurance policies shall meet the minimum 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/Employer's Liability. 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 City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate oflnsurance and are acceptable on a per-occurrence basis only. Contract No. 22300763 General Service Contract Form 08-10-2021 Page I 3 Page 51 of 317 ( 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. 4.05 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. 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 "A: VIII" or better under the current AM. 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. 4.07 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance shall include the following terms: Contract No. 22300763 General Service Contract Form 08-10-2021 Page 14 Page 52 of 317 (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States ofNV, ND, OH, WA, WV, and WY". 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, 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 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. Contract No. 22300763 General Service Contract Form 08-10-2021 Page I 5 Page 53 of 317 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. Contract No. 22300763 General Service Contract Form 08-10-2021 Page I 6 Page 54 of 317 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. Any official notice under this Contract will be sent to the following addresses: CITY OF COLLEGE STATION Attn: Troy Pemberton POBOX9960 1101 Texas Ave College Station, TX 77842 __ tp_e_m_be_rt_o_n __ @cstx.gov GEORGE'S PAINT AND BODY Attn: Silas Garrett 200 E.32nd St. Bryan, TX 77803 6.15 Severability. In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Contract as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Contract or by reform by a court of competent jurisdiction. 6.16 Duplicate Originals. The parties may execute this Contract in duplicate originals, each of equal dignity. 6.17 Exhibits. All exhibits to this Contract are incorporated and made part of this Agreement for all purposes. 6.18 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to§ 2270.002 Texas Government Code, Contractor verifies that it i) does not Contract No. 22300763 General Service Contract Form 08-10-2021 Page 17 assignments@georgespaintandbody.com Page 55 of 317 boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to§ 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to§ 2274.002 Texas Government Code Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Contract No. 22300763 General Service Contract Form 08-10-2021 Page I 8 Page 56 of 317 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance GEORGE'S PAINT AND BODY Printed Name: __________ _ Title: -------------- Date:. _____________ _ Contract No. 22300763 General Service Contract Form 08-10-2021 CITY OF COLLEGE STATION By: ____________ _ City Manager Date: _____ _ APPROVED: City Attorney Date: ------ Assistant City Manager/CFO Date: ------ Page I 9 Owner Silas Garrett Jr. 9/27/2022 9/28/2022 9/28/2022 Page 57 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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. Contract is for Vehicle Painting and Body Repair Services, to include but not be limited to removing dents, repairing collision damage, rust removal, painting all or portions of vehicle bodies, hail damage, etc. as called for in the solicitation documents, specifications and Bid Form; as described in RFP 22-065. Reference contractors proposal attached. 22300763 Page 58 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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: ✔ Vehicle Painting and Body Repair Services (as needed) Not to Exceed: $150,000 22300763 Page 59 of 317 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT C CERTIFICATES OF INSURANCE 22300763 Page 60 of 317 09/21/2022 Beal & Winn Insurance Agency, LLC 3207 Briarcrest Drive Bryan TX 77802 Sandy Whitaker (979) 268-1500 (979) 846-1979 sandy@bealinsurance.com George's Paint & Body, LLC 200 E. 32nd Street Bryan TX 77803 American Hallmark Insurance Company The Hartford Insurance Company CL2141509213 A 44-PB-000630697-02 05/01/2022 05/01/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A 44-PB-000630697-02 05/01/2022 05/01/2023 1,000,000 A 44-PB-000630697-02 05/01/2022 05/01/2023 2,000,000 2,000,000 B 61WECASIDUB-004 05/01/2022 05/01/2023 1,000,000 1,000,000 1,000,000 A Commercial Property Garage Keepers 44-PB-000630697-02 05/01/2022 05/01/2023 Business contents $315,000 GK limits $1,000,000 General Liability policy contains blanket Additional Insured and Waiver of Subrogation endorsements for the Certificate Holder when there is a written contract. Coverage is primary and non-contributory. Workers Compensation policy includes a blanket Waiver of Subrogation endorsement for parties of the written contract. City of College Station 1101 Texas Avenue South College Station TX 77840 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 belowIf 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 HIREDAUTOS ONLY Page 61 of 317 October 13, 2022 Item No. 8.3. Switch Station Substation Upgrades Construction Contract Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a contract between the City of College Station and Altitude Energy, LLC, for the construction of the Switch Station Substation Upgrades in the amount of $2,004,933.85. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract with Altitude Energy, LLC in the amount of $2,004,933.85. Summary: Switch Station Substation was originally designed with one 15 MVA power transformer. Several years later, a second 25 MVA power transformer was installed to respond to the load growth in the area. In order to facilitate additional capacity, security, and reliability to this substation, COCS is conducting the following upgrades: replacement of the original 15 MVA power transformer with a 25 MVA transformer; installation of a 10’ precast concrete security wall, secure entrance gates and perimeter cameras; and relay protection upgrades to the connected Post Oak Substation transmission line. Proposals for RFP #22-072 were received on August 31, 2022. After evaluating three (3) proposals using the Combined Average Evaluation Sheet, COCS recommends awarding the contract to Altitude Energy, LLC, as this contractor provides the best value to the City according to the evaluation factors. Budget & Financial Summary: This project was approved as part of the FY22 Electric Capital Improvements Budget. Funding for the project is budgeted in the Electric Utility Capital Improvements Project Fund. Attachments: 1. 22-072 Evaluation Summary Sheet 2. Contract is available for review in the City Secretary's Office Page 62 of 317 2nd1st3rdBIANCHI ELECTRIC, LLC Altitude Energy, LLC Irby Construction CompanyIndianapolis, IN Keenesburg, CO Richland, MS86 95 82Lacking similar project experience. Only using one subcontractor for 70% of work? No testing/commissioning subcontractor listed. A lot of info is missing on past project amounts/number of contracts in progress.Included a great list of Subcontractors for 70% of work on the project. Seems to have a good understanding of the overall scope of work here, and that is seen with their unit pricing. Included a lot of redlines to the contract. Did not call Aber fence to determine wall construction timeline, 12 days is impossible. Confused on their interpretation of 138 kV bus work.1,954,319.66$ 2,004,933.85$ 2,154,909.00$ 150 (Feb 13, 2023) 150 (March 24, 2023) 150 (April 16, 2023)RFP 22‐072 Switch Station Substation Construction ‐ Proposal Evaluation SummaryVENDORRankingCommentsBASE PROPOSALCALENDAR DAYS TO SUBSTANTIAL COMPLETIONPage 63 of 317 Contract 22300604 is available for review in the City Secretary’s office. Page 64 of 317 October 13, 2022 Item No. 8.4. Purchase of Microsoft Teams Room System for City Hall Sponsor: Sam Rivera Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on a Microsoft Teams Upgrade contract with The Personal Computer Store, Inc. dba Avinext not to exceed $292,998.44. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff respectfully recommends approval of the purchase of the Microsoft Teams Room System for City Hall. Summary: Microsoft Teams System is a mixture of hardware and software solutions to enhance video conferencing experience. Microsoft Teams was introduced as part of the Office 365 upgrade in 2019. Staff currently utilizes Microsoft Teams for virtual meetings with the internal and outside entities. Although the Teams rooms system primary focus is to use the Microsoft Teams virtual meeting software it can be used to attend Zoom, Webex or any other meeting solution. The purchase includes video cameras, sound bars, microphones and a desktop control pad for each conference room listed below along with an outside display that shows the schedule for the conference room. The purchase also includes reprogramming our current conference room system for seamless integration. The following conference rooms will be equipped with the Teams Rooms: 4141 Bush Community Room Heart of Aggieland Conference Room Planning and Development Conference Room City Secretary’s Office Conference Room Human Resources Conference Room Information Technology Conference Room Public Communications Conference Room Finance Conference Room City Manager’s Office Conference Room City Auditor’s Office Conference Room Community Services Conference Room City Attorney's Office Conference Room Budget & Financial Summary: Funds for this Teams Room purchase will be through the New City Hall project account GG1801. Attachments: 1. 22300722 --Avinext Page 65 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form 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-Rule Municipal Corporation (the and The Personal Computer Store, Inc. dba Avinext (the ________________________________________________ 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 Services and work in conformity with this Contract, the City 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 . The City will pay Contractor as shown in Payment Schedule, for the services performed no later than thirty (30)calendar days from the 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 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. Microsoft Teams Upgrade for City Hall Two Hundred Ninety-Two Thousand Nine Hundred Ninety-Eight 44 292,998.44 March 2023 Page 66 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 2 (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 named in Article II 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 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 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. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work 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. Page 67 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 3 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 The Contractor s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. The Required Limits of Insurance are as set forth below. Certificates of insurance evidencing the required insurance policies are attached in Exhibit C. During the term of this Contract minimum 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: (a)Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b)Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance- Representative at the time of execution of this Contract; shall be attached to this Contract 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 Contract. Deductibles shall be named on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d)The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. (e). (f)Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. Page 68 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 4 4.05 Commercial General Liability. The following Commercial general Liability requirements shall apply: (a)tter under the current A. M. Best Key Rating Guide. (b)Policies shall contain an endorsement naming the City as Additional Insured and -- insurance or any insurance the City may have or obtain. (c)Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. (d)No coverage shall be excluded from the standard policy without notification of . (e)The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 4.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) or better rating under the current A. M. Best Key Rating Guide. (b)Policies shall contain an endorsement naming the City as Additional Insured and -- insurance or any insurance the City may have or obtain. (c)Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d)The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e)The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 4.07 Insurance. Workers Compensation insurance shall include the following terms: (a)liability not less than $500,000 for each accident/each disease/each employee are required. (b) shall be included in this policy. Page 69 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 5 (c)ion coverage or Item named in Item 3A and the ARTICLE V INDEMNIFICATION AND RELEASE 5.01 Indemnification. The Contractor 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 the work done by the Contractor under this Contract pursuant 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 (or any other party indemnified hereunder or any third party) in relation to the hiring of Contractor. 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 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, or arising out of the Contractor's work to be performed hereunder pursuant to the Scope of Services . 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 provisions 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 services described in the Scope of Services in a professional manner and be fully qualified and competent to perform those services. Contractor shall undertake the work and complete it in a timely manner. 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 services Page 70 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 6 performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the 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 Invalid Provisions. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 6.10 Entire Contract. 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. Contractor and City agree and understand that City is a political subdivision of the State of Texas, and as such is subject to certain laws that may conflict with some or all of the documents provided by Contractor as presented and/or as modified, including exhibits hereto. In such event, the applicable law shall apply and the terms of this document shall prevail and not any exhibits provided by Contractor. In the event of a conflict between the terms and conditions of this Agreement with Page 71 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form 09-01-2021 Page | 7 one or more of the terms and conditions of the exhibits hereto, the provisions of this Agreement and not the conflicting exhibit shall prevail. It is expressly understood and agreed that no other consideration is being provided by City to Contractor other than the monetary amount referenced elsewhere in this Agreement in conjunction with any schedules attached hereto; that there shall be no waivers of immunity, no limitations of remedies, and no modifications of the terms of the Contract other than as allowed in the section setting forth how this Agreement may be modified or otherwise amended or changed. 6.11 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. 6.12 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. 6.13 Notice. City of College Station The Personal Computer Store, Inc. dba Avinext Attn: _______________ Attn: ___________________ PO BOX 9960 _______________________ 1101 Texas Ave _______________________ College Station, TX 77842 _______________________ __________________@cstx.gov 6.16 Exhibits. To the extent applicable, this Contract is subject to the following: Dan Merkel dmerkel John Crockett 1400 University Dr East College Station, TX 77840 crockett@avinext.com Page 72 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form 09-01-2021 Page | 8 (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code, Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Page 73 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form Page | 8 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance THE PERSONAL COMPUTER STORE, CITY OF COLLEGE STATION INC. dba AVINEXT By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: Page 74 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form 0 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. See Attached Scope of Work Page 75 of 317 Quotation Quote #Date 08/17/22200708 Sales RepThe Personal Computer Store, Inc. 1400 University Drive East - College Station, TX 77840 Phone 979-846-9727 Fax 979-268-1017 www.Avinext.com Robert Abt 979-846-9727 Ext. 205 abt@Avinext.com For Phones Dan Merkel (979) 764-3498 City of College Station PO #Terms Ship Date Ship Via1101 Texas Avenue College Station, TX 77840 United States Net 30 days W ill Call STD Part Description Qty Price Ext. Price 1 1 COMTAMU19 TAMU Contract C20201408 - MultiMedia Equipment, Supplies & Services 2 3 1 4 $28,253.04 $28,253.04 Bush Community Room - 1104 36 5 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 6 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 7 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 24 8 $160.00 $3,840.00SER100080(24) Avinext Lead A/V Programmer 1 9 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 10 $69.00 $69.00CBL-HD-20 Crestron CBL-HD-20 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 20 ft (6.1 m) 1 11 $35.00 $35.00CBL-HD-6 Crestron CBL-HD-6 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 6 ft (1.8 m) 1 12 $25.17 $25.17AR-MDPM-HDF LW C AR-MDPM-HDF CABLE ADAPTER MDP-HD 5" BLACK 1 13 $669.50 $669.50BNUC11TNKi70001Intel NUC 11 Pro Kit Slim NUC11TNKi7 with US Cord 1 14 $484.33 $484.33DIGI-USB2 LW C DIGI-USB2 USB 2.0 EXTENDER SET 1 15 $64.34 $64.34KF432S20IB/16 16GB 3200MHz DDR4 CL20 SODIMM FURY Impact 1 16 $78.59 $78.59SFYRS/500G 500G Kingston FURY Renegade PCIe 4.0 NVMe M.2 SSD 2 17 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 18 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 40 19 $0.29 $11.6022-1P-CMP-EZ-BLK (40) LW C 22-1P-CMP-EZ-BLK QW IKSTRIP 22/1P AUDIO CMP BLK 100 20 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 21 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 08/17/22 15:05:52 Page 1 / 12 1 of 12Page 76 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 22 $5.39 $5.39E-USB3AB-06 LW C E-USB3AB-06 USB 3.0 MOLDED AM-BM 6' BLACK 1 23 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 8 24 $8.29 $66.32PC6B015BK(8) LW C PC6B015BK CAT6 UTP PATCH 15' BLACK 2 25 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 26 $149.00 $149.00FQC-10529 W indows 11 Pro 64 Bit 1 Pack - OEM - DVD - PC 1 27 $171.00 $171.00SLQUD-110-P QSC SLQUD-110-P Q-SYS Core 110 UCI Deployment Software License, Perpetual. 1 28 $3,169.20 $3,169.20CORE 110f QSC CORE 110f Unified Core with 24 local audio I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1RU. 1 29 $3,500.00 $3,500.00PTZ-12X72 QSC PTZ-12x72 Q-SYS PoE camera for AV-to-USB Bridging. 12x Optical Zoom 72° horizontal field of view. For small to medium conference rooms. Includes Lan, 3G-SDI and HDMI; includes a PTZ-W MB1 (W all Mount Bracket). 1 30 $117.80 $117.80PTZ-CMB1 QSC PTZ-CMB1 Accessory Ceiling Mount Bracket for PTZ Camera, NC-12x80 and NC-20x60. 4 31 $120.00 $480.00A710-TB (4) Shure A710-TB TILE BRIDGE FOR 2 FT MXA710 2 32 $3,449.60 $6,899.20MXA710W-4FT (2) Shure MXA710W -4FT LINEAR ARRAY MIC, W HITE, 4 FT 33 34 1 35 $18,063.71 $18,063.71 Large Conference Rooms - 1506 36 36 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 37 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 38 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 39 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 40 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 41 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 42 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 43 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 44 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 45 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 46 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 47 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 48 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 49 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 50 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 51 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 08/17/22 15:05:52 Page 2 / 12 2 of 12Page 77 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 52 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 53 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 54 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 55 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 56 57 1 58 $18,063.71 $18,063.71 Large Conference Rooms - 2302 36 59 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 60 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 61 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 62 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 63 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 64 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 65 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 66 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 67 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 68 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 69 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 70 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 71 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 72 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 73 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 74 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 75 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 76 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 77 $969.03 $969.03952-000009 08/17/22 15:05:52 Page 3 / 12 3 of 12Page 78 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 78 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 79 80 1 81 $18,063.71 $18,063.71 Large Conference Rooms - 2406 36 82 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 83 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 84 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 85 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 86 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 87 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 88 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 89 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 90 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 91 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 92 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 93 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 94 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 95 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 96 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 97 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 98 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 99 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 100 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 101 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 08/17/22 15:05:52 Page 4 / 12 4 of 12Page 79 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 102 103 1 104 $18,063.71 $18,063.71 Large Conference Rooms - 2718 36 105 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 106 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 107 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 108 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 109 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 110 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 111 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 112 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 113 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 114 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 115 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 116 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 117 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 118 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 119 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 120 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 121 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 122 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 123 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 124 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 125 126 1 127 $18,063.71 $18,063.71 Large Conference Rooms - 3303 36 128 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 129 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 08/17/22 15:05:52 Page 5 / 12 5 of 12Page 80 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 12 130 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 131 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 132 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 133 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 134 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 135 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 136 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 137 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 138 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 139 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 140 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 141 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 142 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 143 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 144 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 145 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 146 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 147 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 148 149 1 150 $18,063.71 $18,063.71 Large Conference Rooms - 3404 36 151 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 152 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 153 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 16 154 $160.00 $2,560.00SER100080(16) Avinext Lead A/V Programmer 1 155 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 156 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 08/17/22 15:05:52 Page 6 / 12 6 of 12Page 81 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 2 157 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 158 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 159 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 160 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 161 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 162 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 163 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 164 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 165 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 166 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 167 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 168 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 169 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 170 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 171 172 1 173 $24,436.11 $24,436.11 Non-Standard Conference Room - 3602 36 174 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 12 175 $95.00 $1,140.00SER10007(12) Avinext A/V Technician 12 176 $125.00 $1,500.00SER10008(12) Avinext Lead A/V Technician 24 177 $160.00 $3,840.00SER100080(24) Avinext Lead A/V Programmer 1 178 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 179 $49.00 $49.00CBL-HD-12 Crestron CBL-HD-12 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 12 ft (3.6 m) 1 180 $35.00 $35.00CBL-HD-6 Crestron CBL-HD-6 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 6 ft (1.8 m) 1 181 $25.17 $25.17AR-MDPM-HDF LW C AR-MDPM-HDF CABLE ADAPTER MDP-HD 5" BLACK 1 182 $669.50 $669.50BNUC11TNKi70001Intel NUC 11 Pro Kit Slim NUC11TNKi7 with US Cord 1 183 $484.33 $484.33DIGI-USB2 LW C DIGI-USB2 USB 2.0 EXTENDER SET 1 184 $64.34 $64.34KF432S20IB/16 16GB 3200MHz DDR4 CL20 SODIMM FURY Impact 08/17/22 15:05:52 Page 7 / 12 7 of 12Page 82 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 185 $78.59 $78.59SFYRS/500G 500G Kingston FURY Renegade PCIe 4.0 NVMe M.2 SSD 2 186 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 187 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 40 188 $0.29 $11.6022-1P-CMP-EZ-BLK (40) LW C 22-1P-CMP-EZ-BLK QW IKSTRIP 22/1P AUDIO CMP BLK 100 189 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 1 190 $5.39 $5.39E-USB3AB-06 LW C E-USB3AB-06 USB 3.0 MOLDED AM-BM 6' BLACK 1 191 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 7 192 $8.29 $58.03PC6B015BK(7) LW C PC6B015BK CAT6 UTP PATCH 15' BLACK 1 193 $149.00 $149.00FQC-10529 W indows 11 Pro 64 Bit 1 Pack - OEM - DVD - PC 1 194 $171.00 $171.00SLQUD-110-P QSC SLQUD-110-P Q-SYS Core 110 UCI Deployment Software License, Perpetual. 1 195 $3,169.20 $3,169.20CORE 110f QSC CORE 110f Unified Core with 24 local audio I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1RU. 1 196 $3,500.00 $3,500.00PTZ-12X72 QSC PTZ-12x72 Q-SYS PoE camera for AV-to-USB Bridging. 12x Optical Zoom 72° horizontal field of view. For small to medium conference rooms. Includes Lan, 3G-SDI and HDMI; includes a PTZ-W MB1 (W all Mount Bracket). 1 197 $117.80 $117.80PTZ-CMB1 QSC PTZ-CMB1 Accessory Ceiling Mount Bracket for PTZ Camera, NC-12x80 and NC-20x60. 2 198 $120.00 $240.00A710-TB (2) Shure A710-TB TILE BRIDGE FOR 2 FT MXA710 1 199 $3,449.60 $3,449.60MXA710W-4FT Shure MXA710W -4FT LINEAR ARRAY MIC, W HITE, 4 FT 200 201 1 202 $14,283.71 $14,283.71 Small / Med Conference Rooms - 1302 36 203 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 5 204 $95.00 $475.00SER10007(5) Avinext A/V Technician 5 205 $125.00 $625.00SER10008(5) Avinext Lead A/V Technician 2 206 $160.00 $320.00SER100080(2) Avinext Lead A/V Programmer 1 207 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 208 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 209 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 210 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 211 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 212 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 213 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 214 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 08/17/22 15:05:52 Page 8 / 12 8 of 12Page 83 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 215 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 216 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 217 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 218 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 219 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 220 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 221 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 222 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 223 224 1 225 $14,283.71 $14,283.71 Small / Med Conference Rooms - 1711 36 226 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 5 227 $95.00 $475.00SER10007(5) Avinext A/V Technician 5 228 $125.00 $625.00SER10008(5) Avinext Lead A/V Technician 2 229 $160.00 $320.00SER100080(2) Avinext Lead A/V Programmer 1 230 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 231 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 232 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 233 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 234 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 235 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 236 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 237 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 238 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 239 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 240 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 241 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 242 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling 08/17/22 15:05:52 Page 9 / 12 9 of 12Page 84 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price supplies USB data and power 1 243 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 244 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 1 245 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 246 247 1 248 $14,283.71 $14,283.71 Small / Med Conference Rooms\3003 36 249 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 5 250 $95.00 $475.00SER10007(5) Avinext A/V Technician 5 251 $125.00 $625.00SER10008(5) Avinext Lead A/V Technician 2 252 $160.00 $320.00SER100080(2) Avinext Lead A/V Programmer 1 253 $1,122.00 $1,122.00TSS-770-T-B-S-LB KIT Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 1 254 $70.20 $70.2026-663-12 Extron 26-663-12 4K Premium High Speed HDMI Ultra-Flexible Cable - 12' (3.6 m) 2 255 $55.90 $111.8026-663-06 (2) Extron 26-663-06 4K Premium High Speed HDMI Ultra-Flexible Cable - 6' (1.8 m) 2 256 $0.17 $0.34100036(2) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 2 257 $0.45 $0.9011108080034(2) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 100 258 $0.50 $50.0024-4P-P-L6-EN-BLK (100) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 100 259 $0.89 $89.0024-4P-P-L6SH-BLK (100) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 260 $8.56 $8.56E-USB3.1AC-1M LW C E-USB3.1AC-1M USB 3.1 MOLDED AM-CM 3A 1M BLK 1 261 $5.32 $5.32E-USBAB-6 LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 1 262 $2.65 $2.65PC6B001BKLWC PC6B001BK CAT6 UTP PATCH 1' BLACK 2 263 $4.97 $9.94PC6B007BK(2) LW C PC6B007BK CAT6 UTP PATCH 7' BLACK 2 264 $5.02 $10.04RJ45-STP-L6 (2) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 1 265 $387.03 $387.03952-000019 Logitech 952-000019 Cat5e Kit for Logitech Tap - Includes all cabling, power supply, and adapters to connect Logitech Tap to a meeting room computer Standard Cat5e cabling supplies USB data and power 1 266 $581.03 $581.03939-001802 Logitech 25M Strong USB 3.1 Cable. W ith up to 8x the reach of ordinary USB 3.x cables, Logitech Strong USB lets you separate USB peripherals and a host PC by up to 25 meters. The aramid-reinforced act 1 267 $969.03 $969.03952-000009 W ith a single USB connection, Logitech Swytch links laptops to a meeting room?s AV equipment so people can meet, present, and stream over any service. BYOM (bring your own meeting) laptop link for roo 08/17/22 15:05:52 Page 10 / 12 10 of 12Page 85 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 268 $4,945.87 $4,945.87TAPRAPMSTINTBUNDLE TAPRAPMSTINT= 939001950 + 994000082 + 939001825 + 960001225 + 939001644 + 939001647 + MSTLOGNUC11TNKI + TAPMIC8X13 + TAPMIC8X13A3 Logitech Tap with Cat5e Kit + Logitech Jumpstart + Tap PC Mou 269 270 1 271 $55,101.90 $55,101.90 Split/Combine Room - 3001 24 272 $95.00 $2,280.00SER10007(24) Avinext A/V Technician 36 273 $125.00 $4,500.00SER500860(36) Avinext AV Managed Services - Gold 24 274 $125.00 $3,000.00SER10008(24) Avinext Lead A/V Technician 52 275 $160.00 $8,320.00SER100080(52) Avinext Lead A/V Programmer 2 276 $1,122.00 $2,244.00TSS-770-T-B-S-LB KIT (2) Crestron TSS-770-T-B-S-LB KIT 7 in. Room Scheduling Touch Screen for Microsoft Teams® Software, Black Smooth, includes one TSW -770-LB-B-S light bar 2 277 $69.00 $138.00CBL-HD-20 (2) Crestron CBL-HD-20 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 20 ft (6.1 m) 2 278 $35.00 $70.00CBL-HD-6 (2) Crestron CBL-HD-6 Crestron® Certified HDMI® Interface Cable, 18 Gbps, 6 ft (1.8 m) 100 279 $0.62 $62.00CRESNET-P-TL (100) Crestron Control Cable, plenum, teal (FT) 1 280 $482.00 $482.00GLS-PART-CN Crestron GLS-PART-CN Cresnet® Partition Sensor 2 281 $1,925.00 $3,850.00TSW-1070-B-S (2) Crestron TSW -1070-B-S 10.1 in. W all Mount Touch Screen, Black Smooth 2 282 $25.17 $50.34AR-MDPM-HDF (2) LW C AR-MDPM-HDF CABLE ADAPTER MDP-HD 5" BLACK 2 283 $669.50 $1,339.00BNUC11TNKi70001(2) Intel NUC 11 Pro Kit Slim NUC11TNKi7 with US Cord 2 284 $484.33 $968.66DIGI-USB2 (2) LW C DIGI-USB2 USB 2.0 EXTENDER SET 2 285 $64.34 $128.68KF432S20IB/16 (2) 16GB 3200MHz DDR4 CL20 SODIMM FURY Impact 2 286 $78.59 $157.18SFYRS/500G (2) 500G Kingston FURY Renegade PCIe 4.0 NVMe M.2 SSD 4 287 $0.17 $0.68100036(4) LW C 100036 EZ-RJ45 BOOT CAT6 CLEAR 4 288 $0.45 $1.8011108080034(4) LW C 11108080034 RJ45 PLUG 8P8C CAT6 CLEAR 40 289 $0.29 $11.6022-1P-CMP-EZ-BLK (40) LW C 22-1P-CMP-EZ-BLK QW IKSTRIP 22/1P AUDIO CMP BLK 200 290 $0.50 $100.0024-4P-P-L6-EN-BLK (200) LW C 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP CMP BLACK 200 291 $0.89 $178.0024-4P-P-L6SH-BLK (200) LW C 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP BLACK 1 292 $5.39 $5.39E-USB3AB-06 LW C E-USB3AB-06 USB 3.0 MOLDED AM-BM 6' BLACK 3 293 $5.32 $15.96E-USBAB-6 (3) LW C E-USBAB-6 USB 2.0 MOLDED AM-BM 6' BLACK 4 294 $2.65 $10.60PC6B001BK(4) LW C PC6B001BK CAT6 UTP PATCH 1' BLACK 12 295 $8.29 $99.48PC6B015BK(12) LW C PC6B015BK CAT6 UTP PATCH 15' BLACK 4 296 $5.02 $20.08RJ45-STP-L6 (4) LW C RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL KIT 2 297 $149.00 $298.00FQC-10529 (2) W indows 11 Pro 64 Bit 1 Pack - OEM - DVD - PC 1 298 $171.00 $171.00SLQUD-110-P QSC SLQUD-110-P Q-SYS Core 110 UCI Deployment Software License, Perpetual. 08/17/22 15:05:52 Page 11 / 12 11 of 12Page 86 of 317 Avinext Quote# 200708 Part Description Qty Price Ext. Price 1 299 $3,169.20 $3,169.20CORE 110f QSC CORE 110f Unified Core with 24 local audio I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1RU. 1 300 $1,436.25 $1,436.25I/O-USB BRIDGE QSC : I/O-USB Bridge 2 301 $3,500.00 $7,000.00PTZ-12X72 (2) QSC PTZ-12x72 Q-SYS PoE camera for AV-to-USB Bridging. 12x Optical Zoom 72° horizontal field of view. For small to medium conference rooms. Includes Lan, 3G-SDI and HDMI; includes a PTZ-W MB1 (W all Mount Bracket). 2 302 $117.80 $235.60PTZ-CMB1 (2) QSC PTZ-CMB1 Accessory Ceiling Mount Bracket for PTZ Camera, NC-12x80 and NC-20x60. 8 303 $120.00 $960.00A710-TB (8) Shure A710-TB TILE BRIDGE FOR 2 FT MXA710 4 304 $3,449.60 $13,798.40MXA710W-4FT (4) Shure MXA710W -4FT LINEAR ARRAY MIC, W HITE, 4 FT 305 306 1 307 $500.00 $500.00HDWMOUNTMounting Hardware 1 308 $700.00 $700.00HDWRACKLGMiscellaneous Rack Hardware - Large 100 309 $125.00 $12,500.00SER100014Avinext Project Manager 12 310 $160.00 $1,920.00SER10009Avinext Lead A/V Designer 1 311 $18,225.00 $18,225.00WARO33 Year On-Site W arranty 1 312 $129.00 $129.00B07HY5HYJZOfficial Hardware & Network Agent for The Domotz Pro Platform SubTotal $292,998.44 Sales Tax $0.00 Shipping $0.00 Total $292,998.44 QUOTES ARE VALID FOR 30 DAYS FROM THE DATE SHOW N ABOVE. PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL SERVICES TO BE BILLED AT PUBLISHED RATES 08/17/22 15:05:52 Page 12 / 12 12 of 12Page 87 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form 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 named in Article I of this Contract. This amount shall be payable by the City pursuant to the schedule named below and upon completion of the services and written acceptance by the City. Schedule of Payment for each phase: First Payment: Payment for Hardware (Quote#QWKQ 200708) upon receipt of mdse at Avinext, Inventory of Order & acceptance by CSU Technology Staff and invoice $ 176,029.44 Second Payment: Payment for Installation of entire inventory at the various locations listed in Exhibit A upon completion, and Avinext Managed Services Gold acceptance of work and invoice processing 116,969.00 Grand Total of Microsoft Teams Upgrade $ 292,998.44 Page 88 of 317 Contract No.____________ General Service Contract The Personal Computer Store, Inc. dba Avinext Form EXHIBIT C CERTIFICATES OF INSURANCE Page 89 of 317 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/13/2022 (979) 774-6262 (979) 774-5372 25666 The Personal Computer Store, Inc. dba Avinext 1400 University Drive East College Station, TX 77840-2335 36161 41483 A 1,000,000 ZLP41M7047722I5 1/1/2022 1/1/2023 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000B BA1L88862022I5G 1/1/2022 1/1/2023 4,000,000B CUP3L86690042 1/1/2022 1/1/2023 4,000,000 10,000 C UB0J58158A22I5G 1/1/2022 1/1/2023 1,000,000N1,000,000 1,000,000 B Professional ZPL21N84899 1/1/2022 Cyber Liability 1,000,000 Reference Contract #22300722 - Microsoft Teams Upgrade for City of College Station Addtional Insured and Waiver of Subrogation are included for City of College Station as per attached forms CGD417, CGT100, CAT353 and WC4203. 30 Day Notice of Cancellation is included. City of College Station Attn: Risk Management P. O. Box 9960 College Station, TX 77842 PERSCOM-02 DOTTIE Anco InsurancePO Box 3889Bryan, TX 77805 Dottie Vandagriff vandagriff@anco.com The Travelers Indemnity Company Of America Travelers Property Casualty Company Of America Farmington Casualty Company X 1/1/2023 X X X X X X X Page 90 of 317 Page 91 of 317 Page 92 of 317 Page 93 of 317 Page 94 of 317 Page 95 of 317 Page 96 of 317 Page 97 of 317 Page 98 of 317 Page 99 of 317 Page 100 of 317 Page 101 of 317 Page 102 of 317 Page 103 of 317 Page 104 of 317 Page 105 of 317 Page 106 of 317 Page 107 of 317 Page 108 of 317 Page 109 of 317 Page 110 of 317 Page 111 of 317 Page 112 of 317 Page 113 of 317 Page 114 of 317 Page 115 of 317 Page 116 of 317 Page 117 of 317 Page 118 of 317 Page 119 of 317 Page 120 of 317 Page 121 of 317 Page 122 of 317 Page 123 of 317 Page 124 of 317 Page 125 of 317 Page 126 of 317 Page 127 of 317 Page 128 of 317 October 13, 2022 Item No. 8.5. ESRI three-year software license and subscription agreement Sponsor: Sam Rivera Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on a three-year software license and subscription agreement with ESRI, Inc. not to exceed $271,830. Relationship to Strategic Goals: Sustainable City, Core Services & Infrastructure, Good Governance Recommendation(s): CIO recommends approval of the contract. Summary: This contract renewal is to renew the subscription for ESRI GIS Enterprise License Agreement (ELA), customer support, four (4) licenses of Business Analyst, and ten (10) passes for software training. ESRI is the mapping and GIS software used by all departments across the City, keeping the City on one platform to save costs and maximize effectiveness of a unified platform and solution. ESRI software is not only our GIS and mapping solution that our employees use for geographic analysis and solutions, it also provides the platform to communicate our geographic information with the public and private sector. The City has used ESRI as our GIS solution since 1992. This agreement allows us to have the widest selection of ESRI’s software and support deemed most valuable for small governments. Budget & Financial Summary: Purchase of the Populations of 100,001 to 125,000 Small Government Term Enterprise licenses for Year 1,2 and 3 ($247,500.00) will be funded through the IT Department Business Systems Software Maintenance account. Purchase of the ArcGIS Business Analyst Web App Standard Online Annual Subscription for Year 1,2, and 3 ($960.00) will be funded through the Planning And Development Department Software Maintenance account. Purchase of the Esri Training Pass per Day One Year Term for year 1,2 and 3 ($23,370.00) will be funded through the IT Department GIS Training account. Attachments: 1. 22300773 ESRI Agreement Page 129 of 317 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com September 13, 2022 Mr. Brett Blankner City of College Station 310 Krenek Tap Rd College Station, TX 77840-5023 Dear Brett, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: A lower cost per unit for licensed software Substantially reduced administrative and procurement expenses Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. The organization will provide an annual report of installed Esri software to Esri. Esri software and updates that the organization is licensed to use will be automatically available for downloading. The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. Page 130 of 317 Small Government Enterprise Agreement Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Phillip White Page 131 of 317 Page 132 of 317 Page 133 of 317 Page 134 of 317 Page 135 of 317 Page 136 of 317 Page 137 of 317 Page 138 of 317 Page 139 of 317 Page 140 of 317 Page 141 of 317 Page 142 of 317 Page 143 of 317 Page 144 of 317 Page 145 of 317 Page 146 of 317 Page 147 of 317 Page 148 of 317 October 13, 2022 Item No. 8.6. CCWWTP Centrifuge CO 2 Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on Construction Change Order No. 2 with CSA Construction, Inc. in the amount of $70,444.14 for construction services for the Carters Creek Wastewater Treatment Plant Centrifuge Improvements Project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The intent of this project is to design a centrifuge facility and related improvements, 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). This change order includes the following: Upgraded wiring to ensure the centrifuge can operate properly and meet the warranty requirements on the centrifuge. Additional pumping capacity to operate the centrifuge at the required flow rate during heaving loading periods. This will also allow flow rates to be changed at one location and not require staff to go to the polymer building to make the adjustments. Replacement of lower framing and insulation in the wall in the electrical room due to observable rot and rust that were identified during the removal of the existing panel. Additional framing, metal flashing, roof flashing sealant and labor to make the connection between the new and existing roofing structures. These items were not discovered until demolition on the old section of the building was under way. Adding lightning protection back onto the new roof and expanding it to account for the additional roof area added with the project. This will offer an additional level of protection to the electronics and wiring within the centrifuge building in the event of a lightning strike to the building. Reimbursement for time and materials related to a polymer spill caused by the contractor. 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 $4,728,110 has been expended or committed to date, leaving a balance of $325,890 for this change order andfuture expenses. Attachments: 1. CCWWTP Centrifuge Change Order 2 unsigned 2. CCWWTP Centrifuge Project Location Map Page 149 of 317 CHANGE ORDER NO. 2 DATE: August 31, 2022 Contract No. 2130089 P.O.# 21201217 PROJECT: CCWWTP Centrifuge Improvements OWNER:CONTRACTOR: City of College Station CSA Construction Inc P.O. Box 9960 2314 McAllister Rd Ph: 713-686-8868 College Station, Texas 77842 Houston, TX 77092 Fax: N/A PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST CO2.1 LS EAC-VFD Cable complete and in place $17,059.00 0 1 $17,059.00 CO2.2 LS Replace/repair the lower framing in the electrical room wall along with insulation. Complete and in place $9,628.00 0 1 $9,628.00 CO2.3 LS Additional roof framing, roof flashing, and sealant. Complete and in place $23,778.00 0 1 $23,778.00 CO2.4 LS Reinstall the existing lightning protection back onto the roof of the centrifuge building roof and add additional grounding rods with associated cabling to fit the new enlarged building roof area. Complete and in place. $11,750.00 0 1 $11,750.00 CO2.5 LS Replace existing PanelView HMI screen with a new 10" PanelView Plus Performance HMI. Complete and In Place $12,537.00 0 1 $12,537.00 CO2.6 LS Recover spilled Polymer cost ($3,910.00) 0 1 ($3,910.00) A. Replace existing VFD Cable: Upon preliminary testing of the new centrifuge, the vibration sensor was measuring variations from actual vibrations. Alfa Laval determined it would be best to upgrade from the NEC compliant wiring to a shielded VFD cable to eliminate the variations. Over time, as the insulation in the cable degrades, there is a am increased risk of more noise being introduced into the system. Currently, the existing cables are physically spaced apart as far as possible in the cabinet. However, if the cable location is moved in the future due to reconfiguring the panel or during maintenance, there is a strong probability of the cables introducing more noise into the system and causing operational degradation to the centrifuge. Alfa Laval has reported that the currently installed cable does not allow the system to meet its specifications and to not make this switch will void the warranty on the centrifuge. B. Misc. Framing Changes: The contract documents only call for removal of the old r panel and replacing it with new material in the electrical room. Upon removing the existing panel old panels, it was discovered that the lower framing in the wall was going to have to be replaced along with the insulation due to existing wall and insulation being rotted & rusted out. The existing building has a built-up foam type material on the roof, this was not discovered until demolition on the old section of the building was under way. The new building needed to connect to this roof but the details that were shown on the contract drawings did not account for the unknown roof system. We worked with the engineer on the updated details and the attached costs are for this change to cover the additional framing, metal flashing, roof flashing sealant and labor. C. Building Lightning Protection: The original roof had existing lightning protection that was removed as part of the project. In discussions with plant operations, the contractor, and the design team, it was noted that adding the lightning protection back onto the new roof and expanding it to account for the additional roof area will offer an additional level of protection to the electronics and wiring within the centrifuge building in the event of a lightning strike to the building. D. Replace PanelView HMI Screen: During centrifuge start up testing, it was determined that there may arise the need, during heavy loading periods, that additional pumping capacity may be required to operate the centrifuge at the required flow rate. The current plans call for all controls of the hardwired sludge feed pumps over to the new Centrifuge Feed Pump PLC panel. This change, after discussions with the Plant Operations Team and the design team, provide a provision for controlling the sludge feed pumps located in the polymer building from the centrifuge building for those instances when additional pumping capacity is required to keep the centrifuge operating at the needed rate. F. Time Extension: The contractor is granted an additional 30 calendar days for lead time and installation of the new PanelView HMI screen based on initial supply chain estimates to obtain and install the unit. E. Polymer Spill Reimbursement: Workers for the contractor dislodged a polymer pipe that had not been properly fused, while installing the new polymer and centrifuge systems. The dislodgement caused the contents of a tote of emulsion polymer to drain to the head of the plant. The emulsion polymer caused solids in the grease channels within the headworks to coagulate and form large mats of solids that had to be broken to up to clear them. Clearing the mats, investigating the incident, and monitoring the plant to ensure not further damage occurred required 7 hours of time from operators, 2 hours of lead operator time, and 2 hours of supervisor time. Page 1 of 2 Page 150 of 317 CO2.7 LS Recover Staff Time for mitigating spilled polymer in the headworks ($397.86) 0 1 ($397.86) TOTAL $70,444.14 LINE 1 (SSWOC-6591/ WW1800008) $0.00 LINE 2 (SSWOC-6591/ WW1800008) $0.00 LINE 3 (SSWOC-6591/ WW1800008) $0.00 LINE 4 (SSWOC-6591/ WW1800008) $0.00 LINE 5 (SSWOC-6591/ WW1800008) $0.00 LINE 6 (SSWOC-6591/ WW1800008) $0.00 LINE 7 (SSWOC-6591/ WW1800008) $70,444.14 TOTAL CHANGE ORDER $70,444.14 ORIGINAL CONTRACT AMOUNT $3,933,727.00 CHANGE ORDER NO. 1 $41,968.00 1.07% CHANGE $70,444.14 1.79% CHANGE REVISED CONTRACT AMOUNT $4,046,139.14 2.86% TOTAL CHANGE ORIGINAL CONTRACT TIME 550 Days Time Extension No. 1 30 Days Revised Contract Time 580 Days SUBSTANTIAL COMPLETION DATE 29-Sep-22 REVISED SUBSTANTIAL COMPLETION DATE 29-Oct-22 APPROVED ______________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ CITY ENGINEER Date CITY MANAGER Date Revised 2012 0719 THE NET AFFECT OF THIS CHANGE ORDER IS 1.79% INCREASE. Page 2 of 2 Page 151 of 317 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 152 of 317 October 13, 2022 Item No. 8.7. Contract between the City of College Station and FreeIT for a Nimble data storage system and installation services Sponsor: Sam Rivera Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a contract with FreeIT Data Solutions for data storage system hardware, support, and installation services not to exceed $419,667.96. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff Recommends approval Summary: Nimble is a data storage system designed and development by Hewlett Packard Enterprise Company. The purpose of a data storage system is to store data used by application programs in an enterprise data center. The Nimble will provide the City with over 294 terabytes of raw data storage capabilities. This new project will improve the existing storage and add more than 100 terabytes additional storage capacity to better support current and future City business. Nimble storage will need to be replaced every 5 years and since the previous upgrade and replacement was done in 2017, the City is due for another upgrade and replacement of Nimble storage. Budget & Financial Summary: The funds for the Nimble storage Upgrade will be through FY22 Storage Upgrade account CO2202. Attachments: 1. 22300772 RR Page 153 of 317 Contract No.___________ General Service Contract Form 08-10-2021 Page | 1 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home- for the following work: _______________________________________________________________________________ as described in the Scope of Services attached as ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of ity shall pay the Contractor an amount not to exceed ___________________________________________________________ and ____/100 Dollars ($____________). 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 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 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 Free It Data Solutions Update and Installation of Nimble Storage Four Hundred Nineteen Thousand, Six Hundred Sixty-Seven 96 419,667.96 No later than February 1, 2023 Page 154 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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 155 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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 156 of 317 Contract No.___________ General Service Contract Form 08-10-2021 Page | 4 (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) T . (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 an - 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 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 (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 157 of 317 Contract No.___________ General Service Contract Form 08-10-2021 Page | 5 (a) ity not less than $1,000,000 for each accident/each disease/each employee are required; (b) ; and (c) ion coverage 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 158 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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 159 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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. (a) Iroshi Price Iprice FREE IT Data Solution Andrew Neuenschwander PO Box 1572 Austin, TX 78767 andrew@freeitdata.com Page 160 of 317 Contract No.___________ General Service Contract Form 08-10-2021 Page | 8 (b)Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c)Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Con herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Page 161 of 317 Contract No.___________ General Service Contract Form 08-10-2021 Page | 9 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: FREE IT DATA SOLUTIONS Page 162 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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. DIR-TSO-4696 Page 163 of 317 Contract No:DIR-TSO-4160 TAX ID#:27-2209002 Term:NET 30 FOB:Destination City of College Station Freeit Data Solutions, Inc. Sam Rivera P.O. Box 1572 1101 Texas Ave.Austin, TX 78767 College Station, TX 77840 Quote Number:137357301 PH: (800) 478-5161 / FAX: (888) 416-0471 (979)764-3482 Quote Date:9/27/2022 srivera@cstx.gov Expiration Date:10/31/2022 Freeit Contact: Andrew Neuenschwander (435) 640-3425 Andrew@freeitdata.com Qty Part Number Description Unit Price Ext Price Hardware/Software 2 R4U34A $15,606.76 $31,213.52 4 R3Q00A $2,093.52 $8,374.08 2 R4U49A $24,223.69 $48,447.38 2 R4U50A $49,689.62 $99,379.24 4 Q8J18A $0.00 $0.00 2 R4U46A $57,683.43 $115,366.86 2 R9X15A $0.00 $0.00 2 Q8G27B $0.00 $0.00 2 S0L81AAE $28,998.18 $57,996.36 16 FDS-JL484A $374.11 $5,985.76 Support 1 HU4B2A5 $0.00 $0.00 4 HU4B2A5 ZDW $1,204.72 $4,818.88 2 HU4B2A5007E $1,990.20 $3,980.40 2 HU4B2A5007R $8,008.01 $16,016.02 2 HU4B2A5007V $3,879.97 $7,759.94 2 HU4B2A5007W $7,827.26 $15,654.52 Services 1 FDS-SMTSRT $4,675.00 $4,675.00 List Total:$1,388,342.00 DIR Discounted Total:$864,459.66 Shipping and Tax not applicable: $0.00 Additional Discount:($444,791.70) Grand Total:$419,667.96 Customer Signature of Acceptance PO# HPE NS NEMA 5-15 to C13 US FIO Pwr Cord Support Period Duration: 60 Months HPE Alletra 5000 294TB SAS FIO HDD Bdl HPE Alletra 5030 SW/Sup 5yr SaaS HPE Alletra Tier 1 Storage Array Std Trk HPE Tier 1 Storage OS Default FIO SW HPE Alletra 5000 23.04TB FIO Cache Bdl HPE Alletra - 5yr Term HPE 5Y TC Basic SVC HPE NS 2x25GbE 2p SFP28 FIO Adp Kit Supp HPE Alletra 5030 CTO Base Array Supp Freeit 25GBase-SR SFP28 Transceiver (MMF, 850nm, 100m, LC, DOM) HP Compatible) By issuance of a PO, I acknowledge that I have the authority on behalf of my company to make purchasing decisions to order the items in this quote and to begin project initiation. This quote is subject to and will be governed by the Standard Terms and Conditions set forth by the State of Texas Department of Information Resources located at https://dir.texas.gov/contracts/dir-tso-4160 and will govern our relationship and any PO issued in relation to this quote. Any and all competing or conflicting terms and conditions are hereby unconditionally rejected. HPE Alletra 5030 CTO Base Array HPE NS 2x25GbE 2p SFP28 FIO Adptr Kit HPE Alletra 5000 11.52TB FIO Cache Bdl Freeit Smart Start Installation HPE Alletra 5000 294TB SAS HDD Bdl Supp HPE Alletra 5000 11.52TB FIOCachBdl Supp HPE Alletra 5000 23.04TB FIOCachBdl Supp Subscription Period Duration: 60 Months 1 of 1 Page 164 of 317 Contract No.___________ General Service Contract Form 08-10-2021 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: Upon installation and acceptance of completed project $419,667.96 Page 165 of 317 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT C CERTIFICATES OF INSURANCE Page 166 of 317 09/20/2022 IAAT 3834 Spicewood Springs, Ste. 100 Austin, TX. 78759 John Knox 512-358-7252 512-358-7242 john@johnknoxinsurance.com Freeit Data Solutions, Inc. 1214 W 6th Street Austin, TX., 78703 Citizens Insurance Company of America 31534 The Hanover Insurance Company 2292 A X x X X X ZLDH630650 01 05/28/2022 05/28/2023 1000000 100000 10000 1000000 2000000 2000000 A X X X X ZLDH630650 01 05/28/2022 05/28/2023 1,000,000 B Professional Liability LHDH630674 01 05/28/2022 05/28/2023 Limit 5,000,000 B Cyber LHDH630674 01 05/28/2022 05/28/2023 Limit 5,000,000 Certificate Holder is named as an Additional Insured on General Liability and Auto Policies when required by written contract. A Waiver of Subrogation is endorsed in Certificate Holders favor when required by written contract. City of College Station Attention Risk Manager PO Box 9960 College Station TX 77840 <DA> ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Page 167 of 317 © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER E-MAIL ADDRESS: INSPERITYCERTS@LOCKTONAFFINITY.COM FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2147727 9/22/2022 Lockton Companies, LLC 888-828-8365 3657 Briarpark Dr., Suite 700 Houston, TX 77042 Indemnity Insurance Co. of North America 43575 FREEIT DATA SOLUTIONS, INC. 900 E 6TH ST STE 102 AUSTIN, TX 78702-3281 A X C51438541 10/1/2022 10/1/2023 X 1,000,000 1,000,000 1,000,000 WAIVER OF SUBROGATION IN FAVOR OF City of College Station WHEN REQUIRED BY WRITTEN CONTRACT. ALL STATES EXCEPT OH, ND, WY AND WA CITY OF COLLEGE STATION ATTN: RISK MANAGER PO BOX 9960 COLLEGE STATION , TX 77842 Page 168 of 317 Workers' Compensation and Employers' Liability Policy Named Insured Insperity Inc. FREEIT DATA SOLUTIONS, INC. Endorsement Number Policy Number Symbol: RWC Number: C51438541 Policy Period 10/1/2022 TO 10/1/2023 Effective Date of Endorsement 10/1/2022 Issued By (Name of Insurance Company) Indemnity Insurance Co. of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule ( X )1.Specific Waiver Name of person or organization: City of College Station PO Box 9960 College Station , TX 77842 ( )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Operations:2. Premium:3. The premium charge for this endorsement shall be INCLUDED percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. Advance Premium:4.INCLUDED Authorized Representative WC 42 03 048 (06/14)© Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 169 of 317 October 13, 2022 Item No. 8.8. Electric NERC Compliance Consulting Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding the approval of contract 22300785 with AESI, Inc. for an amount not to exceed $343,957 for three years for NERC compliance consulting. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval of this contract. Summary: College Station Electric Utilities is mandated by FERC/NERC to undergo periodic NERC Standard/Requirement Audits. It is industry best practice to periodically have a third-party consultant perform a compliance audit assessment on an entity as an aid to maintaining an effective internal compliance program. This contract will also allow for required annual third-party Cyber Vulnerability Assessments, subject matter expert audit interview training, as well as “on demand” hours to be utilized for consultation, as needed, regarding compliance with new and existing NERC requirements. RFQ #22-068 for compliance consulting was issued on July 14, 2022 and opened on August 11, 2022. Ten qualified responses were received, and after careful departmental evaluations, AESI, Inc. was selected as the most qualified. This is a three-year contract for an amount not to exceed $343,957. Budget & Financial Summary: Funds are available in the Electric Fund Operating Budget. Attachments: 1. Contract is available for review in the City Secretary's Office Page 170 of 317 Contract 22300604 is available for review in the City Secretary’s office. Page 171 of 317 October 13, 2022 Item No. 8.9. Amendment to FY23 Fee Resolution Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on amending Resolution 2022-4385 that adopted the fiscal year 2023 fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approval of the amending the fee resolution to update the rental registration fee for Fiscal Year 2023. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. On August 25, 2022, the Fiscal Year 2023 was adopted by Council. However, an oversight was made and the rental registration fee was not updated as directed by Council. This resolution is to amend the fee resolution to update the rental registration fee for Fiscal Year 2023. Budget & Financial Summary: This change will not impact the budget. Attachments: 1. FY 22-23 Fee Resolution Amend Rental Reg Page 172 of 317 RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), AMENDING RESOLUTION 2022-4385 ESTABLISHING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3:That the City Council amends Resolution 2022-4385 establishing fees, rates or charges as shown in Exhibit A, “Fees, Rates and Charges” and all other fees, rates, or charges remain in full force and effect. PART 4:That this resolution shall become effective immediately after passage and approval. ADOPTED this 13th day of October, 2022. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 173 of 317 Resolution No._________Page 2 of 2 Amending Resolution 2022-4385 EXHIBIT A FEES, RATES AND CHARGES That the City Council amends Resolution 2022-4385 by amending the below section. All other fees, rates, or charges remain in full force and effect. CHAPTER 103: BUILDINGS AND BUILDING REGULATIONS 1. Article V. Single-Family and Duplex Unit Rental Registration a.Sec. 103-242(d). Registration required. i. A fee established of $90.00 shall be assessed per building at the time of any required registration. Page 174 of 317 October 13, 2022 Item No. 8.10. Federal Fiscal Year (FY) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution accepting the Federal FY-2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $1,942,269 and authorizing and designating the City Manager or his designee to execute the SAFER Grant acceptance and any other documents related to the SAFER Grant. Relationship to Strategic Goals: Good Governance Core Services Recommendation(s): Staff recommends acceptance of the resolution. Summary: The Department of Homeland Security has provided notification of a grant award. The application submitted for the Federal Fiscal Year (FY) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding opportunity has been approved in the amount of $1,942,269 in Federal funding. This grant will fully fund salaries and fringe benefits for seven (7) additional firefighters for a three-year period beginning with the hiring of new FTE’s, but no later than 180 days following grant award (March 20, 2023). Budget & Financial Summary: The city budget will be impacted by absorbing the salaries and benefits for these seven (7) FTE’s in the FY26 budget. Attachments: 1. 2022 Safer Grant Resolution 2. EMW-2021-FF-00278 - Award Package Page 175 of 317 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, ACCEPTING AND APPROVING GRANT APPLICATION AND GRANT FUNDING WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR FUNDING FROM THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM. WHEREAS, The Department of Homeland Security has authorized and established the application process for the SAFER Grant to improve firefighter staffing; and WHEREAS, the City of College Station was awarded grant funding in the amount of $1,942,269 for hiring firefighters under the SAFER Grant guidelines to fund salaries and fringe benefits for three years. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council accepts and approves the SAFER Grant application and accepts the funding in the amount of $1,942,269. PART 2:That The City Council hereby authorizes and designates the City Manager or his designee to execute the SAFER Grant acceptance and any other documents related to the SAFER Grant. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this ______________ day of ____________________________, 2022. ATTEST: APPROVED: _______________________________ ______________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 176 of 317 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 09/15/2022 Michael Clements CITY OF COLLEGE STATION P.O. BOX 9960 COLLEGE STATION, TX 77842 EMW-2021-FF-00278 Dear Michael Clements, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding opportunity has been approved in the amount of $1,942,269.00 in Federal funding. FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary Award Memo for additional information about Economic Hardship Waivers. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo - included in this document Agreement Articles - included in this document Obligating Document - included in this document 2021 SAFER Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, PAMELA WILLIAMS Page 177 of 317 Assistant Administrator, Grant Programs Summary Award Memo Program: Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF COLLEGE STATION UEI-EFT: FYUCEXMLCQH7 DUNS number: 040330300 Award number: EMW-2021-FF-00278 Summary description of award The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application ― including budget information ― was consistent with the SAFER Grant Program’s purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Approved Economic Hardship Waivers Position cost limit waiver FEMA has waived the position cost limit requirement for this grant award. Costs are limited to the approved budget per position. Cost share waiver FEMA has waived the cost share requirement for this grant award. You are not required to contribute non-Federal funds for this grant award. The recipient is responsible for any costs that exceed the Federal funding provided for this grant award. Minimum budget waiver FEMA has waived the minimum budget requirement for this award. Non-supplanting waiver FEMA has waived the non-supplanting requirement for this award. SAFER grant funds may be used to replace funds that would be available from State or local sources or from the Bureau of Indian Affairs. Amount awarded Page 178 of 317 The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs. The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs): Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2021 SAFER NOFO. Approved request details: Object Class First Year Second Year Third Year Total Personnel $490,056.00 $490,056.00 $490,056.00 $1,470,168.00 Fringe benefits $157,367.00 $157,367.00 $157,367.00 $472,101.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Indirect charges $0.00 $0.00 $0.00 $0.00 Federal $647,423.00 $647,423.00 $647,423.00 $1,942,269.00 Non-federal $0.00 $0.00 $0.00 $0.00 Total $647,423.00 $647,423.00 $647,423.00 $1,942,269.00 Page 179 of 317 Hiring of Firefighters Agreement Articles Program: Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF COLLEGE STATION UEI-EFT: FYUCEXMLCQH7 DUNS number: 040330300 Award number: EMW-2021-FF-00278 Table of contents New, Additional Firefighter(s) BENEFITS FUNDED The City of College Station has completed a salary survey and we believe these numbers are accurate and consistent with the local market. Compensation: Base Salary $53,988; Certification Pay $3,000; FICA $ 4,130; Workers Compensation $792; TMRS $ 8,098; Total Compensation Costs: $ 70,008.00. Benefits: Health Insurance $15,054; Accidental Death and Dismemberment $4; Life Insurance $155. Paid Leave: Volunteer Leave $148; Vacation Leave $2,225; Sick Leave $2,670; Holiday Leave $ 2,225. Total Benefits: $22,481. Total Compensation: $70,008.00 + Total Benefits: $22,481.00= $92,489.00 NUMBER OF FIREFIGHTERS 7 ANNUAL SALARY PRICE ANNUAL BENEFITS TOTAL PER FIREFIGHTER Year 1 $70,008.00 $22,481.00 $92,489.00 Year 2 $70,008.00 $22,481.00 $92,489.00 Year 3 $70,008.00 $22,481.00 $92,489.00 3 Year Total $1,942,269.00 Page 180 of 317 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 2 General Acknowledgements and Assurances Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 Civil Rights Act of 1964 – Title VI Article 9 Civil Rights Act of 1968 Article 10 Copyright Article 11 Debarment and Suspension Article 12 Drug-Free Workplace Regulations Article 13 Duplication of Benefits Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 15 Energy Policy and Conservation Act Article 16 False Claims Act and Program Fraud Civil Remedies Article 17 Federal Debt Status Article 18 Federal Leadership on Reducing Text Messaging while Driving Article 19 Fly America Act of 1974 Article 20 Hotel and Motel Fire Safety Act of 1990 Article 21 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 22 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 23 Lobbying Prohibitions Article 24 National Environmental Policy Act Article 25 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 26 Non-Supplanting Requirement Article 27 Notice of Funding Opportunity Requirements Article 28 Patents and Intellectual Property Rights Article 29 Procurement of Recovered Materials Article 30 Rehabilitation Act of 1973 Article 31 Reporting of Matters Related to Recipient Integrity and Performance Page 181 of 317 Article 32 Reporting Subawards and Executive Compensation Article 33 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 34 SAFECOM Article 35 Terrorist Financing Article 36 Trafficking Victims Protection Act of 2000 (TVPA) Article 37 Universal Identifier and System of Award Management Article 38 USA PATRIOT Act of 2001 Article 39 Use of DHS Seal, Logo and Flags Article 40 Whistleblower Protection Act Article 41 Environmental Planning and Historic Preservation (EHP) Review Article 42 Applicability of DHS Standard Terms and Conditions to Tribes Article 43 Acceptance of Post Award Changes Article 44 Disposition of Equipment Acquired Under the Federal Award Article 45 Prior Approval for Modification of Approved Budget Article 46 Indirect Cost Rate Article 47 Award Performance Goals Page 182 of 317 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 2 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Page 183 of 317 Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Page 184 of 317 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Page 185 of 317 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a Page 186 of 317 Article 21 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Article 22 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 23 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 24 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans Article 25 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Page 187 of 317 Article 26 Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article 27 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 28 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 29 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 30 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 31 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Page 188 of 317 Article 32 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 33 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and Page 189 of 317 must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at 'Buy America' Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. Article 34 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 35 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 36 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 37 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 38 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 39 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Page 190 of 317 Article 40 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 41 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal,state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 42 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 43 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. Page 191 of 317 Article 44 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. Article 45 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Threfore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non- construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 46 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 47 Award Performance Goals FEMA will measure the recipient’s performance of the grant by comparing the firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO. Obligating document 1.Agreement No. EMW-2021-FF- 00278 2. Amendment No. N/A 3. Recipient No. 746000534 4. Type of Action AWARD 5. Control No. WX00670N2022T Page 192 of 317 6. Recipient Name and Address CITY OF COLLEGE STATION 1101 TEXAS AVE COLLEGE STATION, TX 77840 7. Issuing FEMA Office and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 1-866-927-5646 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Michael Clements 9a. Phone No. 9797643710 10. Name of FEMA Project Coordinator Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program 10a. Phone No. 1-866- 274- 0960 11. Effective Date of This Action 09/15/2022 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 03/14/2023 to 03/13/2026 Budget Period 03/14/2023 to 03/13/2026 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listings No. Accounting Data(ACCS Code) Prior Total Award Amount Awarded This Action + or (-) Current Total Award Cumulative Non-Federal Commitment SAFER 97.083 2022-F1- GF01 - P410-xxxx- 4101-D $0.00 $1,942,269.00 $1,942,269.00 $0.00 Totals $0.00 $1,942,269.00 $1,942,269.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) This field is not applicable for digitally signed grant agreements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE 09/15/2022 Page 193 of 317 October 13, 2022 Item No. 8.11. Texas Enterprise Zone Nomination Resolution Sponsor: Tim Neeley Reviewed By CBC: Economic Development Committee Agenda Caption:Presentation, discussion, and possible action on a resolution nominating FUJIFILM Diosynth Biotechnologies, LLC for designation by the Governor's Office of Economic Development and Tourism as a Texas Enterprise Project. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommend that Council approve the nomination resolution. Summary: FUJIFILM Diosynth Biotechnologies Texas, LLC (FDBT) plans to apply to the Texas Enterprise Zone incentive program via the Office of the Texas Governor during the December 1, 2022, application round. As part of the application process for this State incentive, the local jurisdiction (City of College Station) must nominate the project for designation as an enterprise project. If enterprise project designation is provided by the State, the company would be eligible to receive state sales & use tax rebates based on capital investment and job creation at the qualified business site. While the rebates are only on the state portion of the sales tax (no local financial impact), the application process requires a nomination from the City. The City is granted six Texas Enterprise Zone nominations per biennium, all of which are currently unutilized. Due to the scope of FDBT’s expansion (over $150 million), this project is considered a “Double Jumbo” and would utilize two of these nomination slots, leaving four for additional nominations for the City to utilize through the end of the biennium (8/31/2023). FUJIFILM Diosynth Biotechnologies is a world leading cGMP Contract Development and Manufacturing organization (CDMO) with experience in the development and manufacture of recombinant biopharmaceuticals and gene therapies. The company has global Centers of Excellence in the US and UK, including the College Station facility. At the College Station location, the company currently employs over 700 full-time staff and operates a CDMO offering development and manufacturing services to the biopharmaceutical industry in the areas of monoclonal antibodies, recombinant vaccines and gene therapy. FDBT plans to expand its footprint and capabilities in College Station including the construction of an additional cGMP commercial manufacturing facility (Project Flagship) consisting of over $300 million in new capital investment and the creation of over 150 new jobs. This facility will increase the company's biomanufacturing capabilities for vaccines and gene therapies. To support the continued expansion of FDBT’s campus in College Station, the company respectfully requests a Texas Enterprise Project nomination from the City of College Station. Budget & Financial Summary: N/A Page 194 of 317 Attachments: 1. FUJIFILM Diosynth Biotechnologies Resolution Page 195 of 317 RESOLUTION NO. ______ NOMINATING FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC FOR TEXAS ENTERPRISE ZONE PROGRAM STATUS THROUGH THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT BANK; RESOLVING THAT FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC IS A ‘QUALIFIED BUSINESS’ AS DEFINED IN SECTION 2303.402 OF THE ACT AND MEETS THE CRITERIA FOR DESIGNATION AS A DOUBLE JUMBO ENTERPRISE PROJECT, AS SET FORTH IN SECTION 2303, SUBCHAPTER F OF THE ACT; AND FURTHER ESTABLISHING THAT THE ENTERPRISE PROJECT SHALL TAKE EFFECT ON THE DATE OF DESIGNATION OF THE ENTERPRISE PROJECT BY THE OFFICE OF THE GOVERNOR (AGENCY) AND TERMINATE ON THE DATE ESTABLISHED BY THE AGENCY. WHEREAS, the City of College Station has previously passed on February 26, 2009 Ordinance No. 2009-3168 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same now as were stated in Ordinance No. 2009- 3168; and WHEREAS, the Office of the Governor Economic Development and Tourism through the Economic Development Bank will consider FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC as an enterprise project pursuant to a nomination and an application made by the City of College Station; and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City of College Station and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; and WHEREAS, pursuant to Government Code Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, (Act), FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC has applied to the City of College Station for designation as a Double Jumbo enterprise project; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That City of College Station finds that FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC is a “qualified business”, as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the City of College Station’s jurisdiction located outside of an enterprise zone and at least thirty-five percent (35.0%) of its new employees will be residents of an enterprise zone, economically disadvantaged individuals, or veterans. Page 196 of 317 Texas Enterprise Zone Act Resolution Fujifilm Diosynth Biotechnologies Page 2 of 2 PART 2:The City of College Station finds that FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC meets the criteria for tax relief and other incentives adopted by the City of College Station and nominates FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC for an enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability. PART 3:The City of College Station finds that it is in the best interest of the City to nominate FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC as a Double Jumbo enterprise project pursuant to the Act. PART 4:The Enterprise Project shall take effect on the date of designation of the enterprise project by the Agency or by December 1, 2022 and terminate on the date established by the Agency or by December 1, 2027. ADOPTED this day of 13th October, 2022 ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 197 of 317 October 13, 2022 Item No. 8.12. Street Renaming - Biomedical Way Sponsor: Jason Schubert Reviewed By CBC: Economic Development Committee Agenda Caption:Presentation, discussion, and possible action on an ordinance renaming Biomedical Way to Fujifilm Way. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The staff Traffic Management Team considered this item earlier this year and recommended approval of the proposed street name change. Staff recommends approval of the proposed ordinance. Summary: In recognition of the strong partnership between the City of College Station and FUJIFILM Diosynth Biotechnologies and to memorialize the appreciation for the significant impact the company has made to the local economy, City Economic Development staff request consideration of renaming Biomedical Way to Fujifilm Way. FUJIFILM Diosynth Biotechnologies (FDB) is a world leading Contract Development and Manufacturing Organization (CDMO) specializing in the manufacture of recombinant biopharmaceuticals and gene therapies. Since 2014, College Station has been home to one of the company’s Centers of Excellence. FDB has made significant investments in College Station since 2014 in facilities, technology, and talent to rapidly produce life-impacting medicines used globally. The company’s impact to the local economy is important as one of the city’s top property tax contributors and largest employers. With current employment of over 700, the local operations have grown nearly tenfold since 2014. Most recently, the company announced College Station was selected for a $300 million expansion which will greatly expand local production capabilities and add an additional 150+ positions to the area. The company also makes substantial efforts to support local workforce development and talent retention with programs and partnerships with the Texas A&M University System, Blinn College, and local K- 12 school districts. Property owners along this street have been notified by letter of the proposed change and its consideration at the October 13, 2022, Council meeting. The addresses affected by the proposed change are existing buildings owned by FDB or are undeveloped lots with frontage to HSC Parkway. Budget & Financial Summary: Funds to replace the street sign are available in the Economic Development budget. Attachments: 1. FUJIFILM Street Ordinance Page 198 of 317 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE RENAMING BIOMEDICAL WAY AS FUJIFILM WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of College Station, Texas (“City”) has made substantial public infrastructure investment to further economic development opportunities in the Biocorridor area of the City; and WHEREAS, the City Council of the City desires to rename Biomedical Way as Fujifilm Way to memorialize the appreciation for the significant economic impact that Fujifilm Diosynth Biotechnologies has made to the local economy; and WHEREAS, the property owners addressed on or with frontage to this roadway have been notified of the proposed street name change; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the street currently named Biomedical Way be renamed Fujifilm Way as graphically depicted as Area 1 in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:The City Manager or his designee is authorized to expend funds and to take all measures reasonably necessary to implement the street name change in accordance with this Ordinance. PART 3: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, 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 4:That the Ordinance is effective on October 25, 2022. PASSED, ADOPTED and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 199 of 317 ORDINANCE NO._____ Page 2 of 2 Ordinance Form 8-14-17 EXHIBIT A Page 200 of 317 October 13, 2022 Item No. 8.13. Ordinance Extending Mayoral Disaster Declaration Sponsor: Bryan Woods, 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 a public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends that Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV-2 (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 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. Page 201 of 317 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 renewal to the Disaster Declaration. On December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the Mayor’s December 7, 2020, Disaster Declaration Renewal. On January 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the Mayor’s January 8, 2021, Disaster Declaration Renewal. On February 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the Mayor’s February 8, 2021, Disaster Declaration Renewal. On March 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the Mayor’s March 8, 2021, Disaster Declaration Renewal. On April 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 8, 2021, the College Station City Council consented with Ordinance 2021-4258 to the Mayor’s April 6, 2021, Disaster Declaration Renewal. On May 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 13, 2021, the College Station City Council consented with Ordinance 2021-4263 to the Mayor’s May 7, 2021, Disaster Declaration Renewal. Page 202 of 317 On June 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 10, 2021, the College Station City Council consented with Ordinance 2021-4271 to the Mayor’s June 7, 2021, Disaster Declaration Renewal. On July 2, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 8, 2021, the College Station City Council consented with Ordinance 2021-4275 to the Mayor’s July 2, 2021, Disaster Declaration Renewal. On August 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the Mayor’s August 6, 2021, Disaster Declaration Renewal. On September 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the Mayor’s September 6, 2021, Disaster Declaration Renewal. On October 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 14, 2021, the College Station City Council consented with Ordinance 2021-4301 to the Mayor’s October 7, 2021, Disaster Declaration Renewal. On November 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the Mayor’s November 8, 2021, Disaster Declaration Renewal. On December 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the Mayor’s December 6, 2021, Disaster Declaration Renewal. On January 7, 2022, the Mayor of College Station issued a renewal to the Disaster Declaration. On January 13, 2022, the College Station City Council consented with Ordinance 2021-4326 to the Mayor’s January 7, 2022, Disaster Declaration Renewal. On February 7, 2022, the Mayor of College Station issued a renewal to the Disaster Declaration. On February 10, 2022, the College Station City Council consented with Ordinance 2021-4334 to the Mayor’s February 7, 2022, Disaster Declaration Renewal. On March 7, 2022,the Mayor of College Station issued a renewal of the Disaster Declaration. On March 10, 2022, the College Station City Council consented with Ordinance 2021-4337 to the Mayor's March 7, 2022, Disaster Declaration Renewal. On April 8, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On April 14, 2022, the College Station City Council consented with Ordinance 2024-4345 to the Mayor's April 8, 2022, Disaster Declaration Renewal. On May 13, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On May 18, 2022, the College Station City Council consented with Ordinance 2024-4354 to the Mayor's May 13, 2022, Disaster Declaration Renewal. On June 6, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On June 9, 2022, the College Station City Council consented with Ordinance 2024-4359 to the Mayor's June 6, 2022, Disaster Declaration Renewal. Page 203 of 317 On July 8, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On July 14, 2022, the College Station City Council consented with Ordinance 2024-4370 to the Mayor's July 8, 2022, Disaster Declaration Renewal. On August 8, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On August 11, 2022, the College Station City Council consented with Ordinance 2024-4376 to the Mayor's August 8, 2022, Disaster Declaration Renewal. On September 2, 2022, the Mayor of College Station issued a renewal of the Disaster Declaration. On September 8, 2022, the College Station City Council consented with Ordinance 2024-4386 to the Mayor's September 8, 2022, Disaster Declaration Renewal. On October 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, April 8, 2022 , May 13, 2022, June 6, 2022, July 14, 2022, August 8, 2022 and September 2, 2022. 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 Attachments: 1. October 13 Disaster Declaration Renewal Ordinance Page 204 of 317 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 205 of 317 Ordinance No. Page 2 of 9 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 206 of 317 Ordinance No. Page 3 of 9 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, on December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on January 8, 2021, 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, November 20, 2020 and December 7, 2020, and WHEREAS, on January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS, on February 8, 2021, 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, November 20, 2020, December 7, 2020, and January 8, 2021, and WHEREAS, on February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS, on March 8, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021, and WHEREAS, on March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the March 8, 2021, Disaster Declaration Renewal; and WHEREAS, on April 6, 2021, 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, Page 207 of 317 Ordinance No. Page 4 of 9 September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021, and WHEREAS, on April 8, 2021, the College Station City Council consented with Ordinance 2021- 4258 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on May 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, and April 6, 2021; and WHEREAS, on May 13, 2021, the College Station City Council consented with Ordinance 2021- 4263 to the May 7, 2021, Disaster Declaration Renewal; and WHEREAS, on June 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 202 and May 7, 2021; and WHEREAS, on June 10, 2021, the College Station City Council consented with Ordinance 2021- 4271 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on July 2, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021; and WHEREAS, on July 8, 2021, the College Station City Council consented with Ordinance 2021- 4275 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on August 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, and July 2, 2021; and WHEREAS, on August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the August 6, 2021, Disaster Declaration Renewal; and WHEREAS, on September 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, Page 208 of 317 Ordinance No. Page 5 of 9 February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, and August 6, 2021; and WHEREAS, on September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the September 6, 2021, Disaster Declaration Renewal; and WHEREAS, on October 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, and September 6, 2021; and WHEREAS, on October 14, 2021, the College Station City Council consented with Ordinance 2021-4304 to the October 7, 2021, Disaster Declaration Renewal; and WHEREAS, on November 8, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, and October 7, 2021; and WHEREAS, on November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the November 8, 2021, Disaster Declaration Renewal; and WHEREAS, on December 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, and November 8, 2021; and WHEREAS, on December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the December 6, 2021, Disaster Declaration Renewal; and WHEREAS, on January 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021; and WHEREAS, on January 13, 2022, the College Station City Council consented with Ordinance 2022-4326 to the January 7, 2022, Disaster Declaration Renewal; and Page 209 of 317 Ordinance No. Page 6 of 9 WHEREAS, on February 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, and January 7, 2022; and WHEREAS, on February 10, 2022, the College Station City Council consented with Ordinance 2022-4334 to the February 7, 2022, Disaster Declaration Renewal; and WHEREAS, on March 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, and January 7, 2022 and February 7, 2022; and WHEREAS, on March 10, 2022, the College Station City Council consented with Ordinance 2022-4337 to the March 7, 2022, Disaster Declaration Renewal; and WHEREAS, on April 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022 and WHEREAS, on April 14, 2022, the College Station City Council consented with Ordinance 2022- 4345 to the April 8, 2022, Disaster Declaration Renewal; and WHEREAS, on May 13, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022; and WHEREAS, on May 18, 2022, the College Station City Council consented with Ordinance 2022- 4354 to the May 13, 2022, Disaster Declaration Renewal; and WHEREAS, on June 6, 2022, 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 Page 210 of 317 Ordinance No. Page 7 of 9 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022, June 6, 2022; and WHEREAS, on June 9, 2022, the College Station City Council consented with Ordinance 2022- 4359 to the June 6, 2022, Disaster Declaration Renewal; and WHEREAS, on July 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022, and June 6, 2022; and WHEREAS, on July 14, 2022, the College Station City Council consented with Ordinance 2022- 4370 to the July 8, 2022, Disaster Declaration Renewal; and WHEREAS, on August 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022, June 6, 2022, and July 8, 2022; and WHEREAS, on August 11, 2022, the College Station City Council consented with Ordinance 2022-4376 to the August 8, 2022, Disaster Declaration Renewal; and WHEREAS, on September 2, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022, June 6, 2022, July 8, 2022, August 8, 2022; and WHEREAS, on September 8, 2022, the College Station City Council consented with Ordinance 2022-4386 to the September 2, 2022, Disaster Declaration Renewal; and WHEREAS, on October 7, 2022, 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, Page 211 of 317 Ordinance No. Page 8 of 9 September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7; 2022, April 8, 2022, June 6, 2022, July 8, 2022, August 8, 2022, and September 2, 2022; 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 October 7, 2022, 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 13th day of October, 2022. PASSED AND ADOPTED, this 13th day of October 13, 2022. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 212 of 317 Ordinance No. Page 9 of 9 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON OCTOBER 7, 2022 Page 213 of 317 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 214 of 317 Disaster Declaration Renewal Page 2 of 8 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 215 of 317 Disaster Declaration Renewal Page 3 of 8 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, 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, and October 20, 2020, and November 20, 2020, and WHEREAS, on December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the December 7, 2020, Disaster Declaration Renewal; and WHEREAS, on January 8, 2021, 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, November 20, 2020, and December 7, 2020, and WHEREAS, on January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS, on February 8, 2021, 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, November 20, 2020, December 7, 2020, and January 8, 2021, and WHEREAS, on February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS, on March 8, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021, and WHEREAS, on March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the March 8, 2021, Disaster Declaration Renewal; and WHEREAS, on April 6, 2021, 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, Page 216 of 317 Disaster Declaration Renewal Page 4 of 8 COVID-19 September 21, 2020, and October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021; and WHEREAS, on April 8, 2021, the College Station City Council consented with Ordinance 2021- 4258 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on May 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021, April 6, 2021; and WHEREAS, on May 13, 2021, the College Station City Council consented with Ordinance 2021- 4263 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on June 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, and May 7, 2021; and WHEREAS, on June 10, 2021, the College Station City Council consented with Ordinance 2021- 4271 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on July 2, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, and June 7, 2021; and WHEREAS, on July 8, 2021, the College Station City Council consented with Ordinance 2021- 4275 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on August 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, and July 2, 2021; and WHEREAS, on August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the August 6, 2021, Disaster Declaration Renewal; and WHEREAS, on September 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, Page 217 of 317 Disaster Declaration Renewal Page 5 of 8 COVID-19 February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, And August 6, 2021; and WHEREAS, on September 9, 2021, the College Station City Council consented with Ordinance 2021-4299 to the September 6, 2021, Disaster Declaration Renewal; and WHEREAS, on October 7, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, and September 6, 2021; and WHEREAS, on October 14, 2021, the College Station City Council consented with Ordinance 2021-4304 to the October 7, 2021, Disaster Declaration Renewal; and WHEREAS, on November 8, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, and October 7, 2021; and WHEREAS, on November 11, 2021, the College Station City Council consented with Ordinance 2021-4313 to the November 8, 2021, Disaster Declaration Renewal; and WHEREAS, on December 6, 2021, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, and November 8, 2021; and WHEREAS, on December 9, 2021, the College Station City Council consented with Ordinance 2021-4318 to the December 6, 2021, Disaster Declaration Renewal; and WHEREAS, on January 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021 and WHEREAS, on January 13, 2022, the College Station City Council consented with Ordinance 2022-4326 to the January 7, 2022, Disaster Declaration Renewal; and Page 218 of 317 Disaster Declaration Renewal Page 6 of 8 COVID-19 WHEREAS, on February 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, and January 7, 2022 and WHEREAS, on February 10, 2022, the College Station City Council consented with Ordinance 2022-4334 to the February 7, 2022, Disaster Declaration Renewal; and WHEREAS, on March 7, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, and January 7, 2022, and February 7, 2022; and WHEREAS, on March 10, 2022, the College Station City Council consented with Ordinance 2022-4337 to the March 7, 2022, Disaster Declaration Renewal; and WHEREAS, on April 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, and January 7, 2022, February 7, 2022, March 7, 2022; and WHEREAS, on April 14, 2022, the College Station City Council consented with Ordinance 2022- 4345 to the April 8, 2022, Disaster Declaration Renewal; and WHEREAS, on May 13, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, and January 7, 2022, February 7, 2022, March 7, 2022, and April 8, 2022; and WHEREAS, on May 18, 2022, the College Station City Council consented with Ordinance 2022- 4354 to the May 13, 2022, Disaster Declaration Renewal; and WHEREAS, on June 6, 2022, 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 Page 219 of 317 Disaster Declaration Renewal Page 7 of 8 COVID-19 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, and April 8, 2022, May 13, 2022 and WHEREAS, on June 9, 2022, the College Station City Council consented with Ordinance 2022- 4359 to the June 6, 2022, Disaster Declaration Renewal; and WHEREAS, on July 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, April 8, 2022, May 13, 2022, and June 6, 2022 and WHEREAS, on July 14, 2022, the College Station City Council consented with Ordinance 2022- 4370 to the July 8, 2022, Disaster Declaration Renewal; and WHEREAS, on August 8, 2022, 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, April 8, 2022, May 13, 2022, June 6, 2022, and July 8, 2022; and WHEREAS, on August 11, 2022, the College Station City Council consented with Ordinance 2022-4376 to the August 8, 2022, Disaster Declaration Renewal; and WHEREAS, on September 2, 2022 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, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021; July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, and December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, April 8, 2022, May 13, 2022, June 6, 2022, and July 8, 2022, and August 8, 2022; and WHEREAS, on September 8, 2022, the College Station City Council consented with Ordinance 2022-4386 to the September 2, 2022, Disaster Declaration Renewal; and Page 220 of 317 Disaster Declaration Renewal Page 8 of 8 COVID-19 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, November 20, 2020 December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022, April 8, 2022, May 13, 2022, June 6, 2022, July 8, 2022, August 8, 2022, and September 8, 2022 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 October 7, 2022. DECLARED this 7th day of October, 2022. APPROVED: ___________________ Mayor ATTEST: ___________________ City Secretary APPROVED: ___________________ City Attorney Page 221 of 317 October 13, 2022 Item No. 8.14. CDBG-MIT Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution authorizing the City Manager to sign a letter of acceptance for the distribution of State of Texas Community Development Block Grant Mitigation funding from the Texas General Land Office and distributed by the Brazos Valley Council of Governments. Relationship to Strategic Goals: Core services & Infrastructure, Sustainable City Recommendation(s): Staff recommend adoption of the resolution. Summary: The City of College Station is eligible to receive a minimum of $500,000 in State of Texas Community Development Block Grant Mitigation (CDBG-MIT) funding from the Texas General Land Office and distributed by the Brazos Valley Council of Governments. This amount is subject to the state-approved preliminary Method of Distribution and is subject to change based on public participation. The CDBG-MIT grant requirements include reaching a threshold tied to benefitting low-and moderate-income persons (LM). Therefore, 100% of the funding should be used for projects that benefit LMI people in College Station. The City of College Station is eligible for these funds due to the Federal/Presidential Declaration for Texas by County for 2016 Floods. The U. S. Department of Housing and Urban Development defines mitigation as “Those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters.” General requirements include: Eligible Activities: All activities allowed under CDBG-MIT; HCDA Section 105(a) (1- 5), 105(a) (7-9), and 105(a)(11), including but not limited to: Flood control and drainage improvements, including the construction or rehabilitation of stormwater management system; Infrastructure improvements (such as water and sewer facilities, streets, provision of generators, removal of debris, bridges, etc.); Natural or green infrastructure; Communications infrastructure; Public facilities; Buyouts or acquisitions with or without relocation assistance, down payment assistance, housing incentives, and demolition; Activities designed to relocate families outside of floodplains; Public service within the 15 percent cap (e.g., housing counseling, legal counseling, job training, mental health, and general health services); Page 222 of 317 FEMA Hazard Mitigation Grant Program (HMGP) cost share for CDBG-MIT eligible projects; Economic development (assistance to businesses for the installation of disaster mitigation improvements and technologies; financing to support the development of technologies, systems and other measures to mitigate future disaster impacts; ‘‘hardening’’ of commercial areas and facilities; and financing critical infrastructure sectors to allow continued commercial operations during and after disasters); Nonresidential structures must be elevated to the standards described in this paragraph or floodproofed, in accordance with FEMA floodproofing standards at 44 CFR 60.3(c)(3)(ii) or successor standard, up to at least two feet above the 100- year (or 1 percent annual chance) floodplain. All Critical Actions, as defined at 24 State of Texas CDBG-MIT Action Plan 230 of 589 CFR 55.2(b)(3), within the 500-year (or 0.2 percent annual chance) floodplain must be elevated or floodproofed (in accordance with the FEMA standards) to the higher of the 500- year floodplain elevation or 3 feet above the 100-year floodplain elevation. If the 500-year floodplain or elevation is unavailable, and the Critical Action is in the 100-year floodplain, then the structure must be elevated or floodproofed at least 3 feet above the 100-year floodplain elevation. Critical Actions are defined as an ‘‘activity for which even a slight chance of flooding would be too great, because such flooding might result in loss of life, injury to persons or damage to property.’’ For example, Critical Actions include hospitals, nursing homes, police stations, fire stations and principal utility lines; and Rehabilitation, reconstruction, and new construction of affordable multi-family housing. The full plan can be viewed at https://recovery.texas.gov/documents/actions- plans/mitigation/mitigation-sap-amend-1.pdf Budget & Financial Summary: Receipt of a minimum of $500,000 in CDBG-MIT funds Attachments: 1. Attachment 1 - Resolution Page 223 of 317 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION FUNDS FROM THE GENERAL LAND OFFICE THROUGH THE BRAZOS VALLEY COUNCIL OF GOVERNMENTS REGIONAL MITIGATION PROGRAM. WHEREAS, the Texas General Land Office (GLO) allocated $25,041,000 to the Brazos Valley Region as part of the Regional Mitigation Program; and WHEREAS, the Brazos Valley Council of Governments (BVCOG) has been tasked with developing the method by which the funds will be distributed, also known as a Method of Distribution (MOD), under the State of Texas Community Development Block Grant Mitigation Action Plan, as amended; and WHEREAS, the City of College Station, Texas, is included as a potential recipient of funding in the minimum amount of $500,000, pending approval by the BVCOG Board of Directors and final approval by the GLO; and WHEREAS, CDBG-MIT funds are required to reach a threshold tied to benefitting low- and moderate-income (LMI) persons and 100% of funds should be used for projects that benefit LMI persons in College Station; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby accepts the Community Development Block Grant Mitigation funds in the minimum amount of $500,000; PART 2: That the City Council hereby authorizes and designates the City Manager or his designee to sign all required applications, certifications, evaluations, and other forms required by GLO or BVCOG on behalf of the City of College Station. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this ________ day of _____ 2022. ATTEST: APPROVED: City Secretary Mayor Page 224 of 317 APPROVED: City Attorney Page 225 of 317 October 13, 2022 Item No. 9.1. TX Independence Ballpark Ph 1 Construction Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a construction contract with Vaughn Construction, LLC in the amount of $16,631,810.48 for Phase 1 of the Texas Independence Ballpark project, plus the City’s contingency in the amount of $450,000 for a total appropriation of $17,081,810.48. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: Texas Independence Ballpark Phase 1 encompasses the construction of four new baseball fields, parking, lighting, batting cages, concession and restroom space, seating, landscaping, and other supporting infrastructure (water, sanitary sewer, storm drainage, fiber, electrical) for the project. Included in the contract amount is the bid alternate item for concrete paving of the parking areas in lieu of the base bid item for asphalt pavement. The project was procured using the Competitive Sealed Proposals (CSP) delivery method. Three proposals were reviewed and the proposal by Vaughn Construction, LLC was found to provide the best value to the City of College Station. The contract is on file with the City Secretary's Office. Budget & Financial Summary: Budget in the amount of $18,500,000 is included for this project in the Parks Capital Improvement Projects Fund. A total of $1,406,875 has been expended or committed for design, leaving a balance of $17,093,125 for construction. Future contract(s) for City- purchased and provided materials, such as field lighting, bases, and other equipment, will require a Budget Amendment to cover these costs. The total amount of these costs is not currently known. The contract(s) for City-purchased materials will also require additional debt to be issued, or other funding sources identified. These contracts, Budget Amendment and funding will come back to Council for approval. Attachments: 1. TX Independance Ballpark Location Map 2. Contract is available for review in the City Secretary's Office Page 226 of 317 TIFFANYTRAILSUSSEXDRIVESPYGLASSCOURT12th MANCIRCLECHADWICKLANESTONE BRIDGECOURTSTONEB R IA RCIRCLE TRUMPETERSWANDRIVERUDDYDUCKDRIVEBRADLEY ROADHARRIS DRIVEBARRONROADROCK PRAIRIEROADBIRDPONDROADWILLIAM DFITCH PARKWAYEAGLEAVENUEMEDICALAVENUEO FFRAM P6 NOFFRAMP6 SSH 6 SOUTHNote: The accuracy of this data is limited to the validity and accuracy of available data, and therefor the city makes no representation or warranties as to the accuracy of the data. Any party using the data does so at their own risk. This data is produced pursuant to the Texas Public Information Act. For specific questions regarding this map contact Planning and Development Services.HM-1607: SOUTHEAST PARKPROJECT LOCATION MAPPage 227 of 317 Contract is available for review in the City Secretary’s office. Page 228 of 317 October 13, 2022 Item No. 9.2. 217 Richards Steet CPA Sponsor: Robin Macias Reviewed By CBC: Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Neighborhood Center to Mixed Residential for approximately 0.356 acres, generally located at 217 Richards Street. Relationship to Strategic Goals: Good Governance Neighborhood Integrity Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their September 15, 2022, meeting and voted unanimously to recommend approval. Staff recommends approval of the Comprehensive Plan Amendment. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use & Character Map from Neighborhood Center to Mixed Residential for approximately 0.356 acres, located at 217 Richards Street. This Comprehensive Plan Amendment is in conjunction with a GS General Suburban rezoning request for this lot. It is the applicant’s intent to replat the property into three residential lots REVIEW CRITERIA 1.) Changed or changing conditions in the subject area of the City: The subject property and properties to the northwest have a future land use designation of Neighborhood Center. The Neighborhood Center land use designation is primarily for areas that are appropriate for a mix of uses arranged in a compact and walkable pattern at a smaller scale than Urban Centers. The development types of this designation tend to be areas that consist of integrated residential and commercial developments. The intent of the Neighborhood Center land use is to create and reinforce walkable activity centers that are connected to surrounding development and include a mix of complementary uses. This area is largely built out with commercial and multifamily developments that front on Holleman Drive. The properties to the south and east of the subject property are designated as Mixed Residential. The Mixed Residential land use designation are for areas appropriate for a mix of moderate density residential development including, townhomes, duplexes, and limited small-lot single family. These areas are appropriate for residential infill and redevelopment. The area to the south of the subject property is largely developed with single-family homes, and in the past decade the neighborhood has seen development and redevelopment that increases the residential density. High-density single family has also developed on the greenfield further up Holleman at George Bush East. This request Page 229 of 317 to change the land use designation of the subject property to Mixed Residential would allow for the redevelopment of a largely undeveloped commercial property with frontage on a local street. A portion of the property was developed as parking for the adjacent commercial use. These improvements will be removed prior to the land use designation change and rezoning. 2.) Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use & Character Map to Mixed Residential and has simultaneously requested a rezoning to GS General Suburban. The intent of Mixed Residential is to support neighborhoods with a mix of housing types and where larger or more dense housing is located near community facilities or adjacent to commercial or neighborhood centers. The Sterling/Richards area has been in transition for a number of years to a more dense residential area in the center of town. It is in close proximity to the Wolf Pen Creek design district and major commercial developments and corridors. Adjacent to both commercial and residential, this property would be compatible with existing uses, development patterns, and character as Neighborhood Center or as Mixed Residential. The applicant held a neighborhood meeting on July 25, 2022. All property owners within 200 feet of the subject property were notified of the neighborhood meeting, but did not attend. In addition, there have been no expressed concerns regarding the land use change. The proposal is compatible with the character of the area as it allows for the extension of single family lots within the neighborhood. 3.) Impact on environmentally sensitive and natural areas: There is no FEMA designated floodplain on the property. The applicant has stated that the subject property “will follow city codes and ordinances and will not have adverse impacts on the surrounding areas.” 4.) Impacts on infrastructure including water, wastewater, drainage, and the transportation network Water, wastewater, and fire flow service will be provided by College Station Utilities. Detention is required with future development and would be addressed with the site plan. Drainage and all other infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property fronts Richards Street which is designated as a local street. The proposed development will have access off of Richards Street. 5.) Consistency with the goals and strategies set forth in the Comprehensive Plan: The intent of College Station’s Comprehensive Plan is to create distinctive places, vibrant districts, attractive neighborhoods, revitalized gateways and corridors, and conserved natural areas. The proposed amendment to Mixed Residential, defined as areas appropriate for a mix of moderate density residential development and are appropriate for residential infill and redevelopment, is appropriate for this property as it extends the residential lots along Richards Street. Budget & Financial Summary: N/A Attachments: 1. Ordinance Page 230 of 317 2. Vicinity, Aerial, and Small Area Map 3. Comprehensive Plan Exhibit 4. Background Information 5. Future Land Use Map 6. Applicant's Supporting Information Page 231 of 317 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM NEIGHBORHOOD CENTER TO MIXED RESIDENTIAL FOR APPROXIMATELY 0.356 ACRES OF LAND, GENERALLY LOCATED AT 217 RICHARDS STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Official City of College Station Comprehensive Plan” is hereby amended by adding new Subsection “E.1.d” of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan- Future Land Use & Character Map as set out in Exhibit “B” attached hereto and made a part hereof. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 232 of 317 ORDINANCE NO. ___________ Page 2 of 5 EXHIBIT A That Ordinance No.4303 adopting the “Official City of College Station Comprehensive Plan” as amended, is hereby amended by adding Subsection “E.1.d” to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: A. Comprehensive Plan The Official City of College Station Comprehensive Plan (Ordinance 4303) is hereby adopted and consists of the following: 1. Plan Foundation; 2. Distinctive Places; 3. Strong Neighborhoods; 4. A Prosperous Economy; 5. Engaging Spaces; 6. Integrated Mobility; 7. Exceptional Services; 8. Managed Growth; 9. Collaborative Partnerships; and 10. Plan Implementation B. Master Plans The following Master Plans are hereby adopted and made a part of the Official City of College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6. Central College Station Neighborhood Plan dated June 2010; 7. Eastgate Neighborhood Plan dated June 2011; 8. Parks, Recreation, and Open Spaces Master Plan dated July 2011; 9. Southside Area Neighborhood Plan dated August 2012; 10. Medical District Master Plan dated October 2012; 11. Wellborn Community Plan dated April 2013; 12. Economic Development Master Plan dated May 2020; 13. South Knoll Neighborhood Plan dated September 2013; 14. The Water System Master Plan dated April 2017; and 15. The Wastewater System Master Plan dated April 2017. Page 233 of 317 ORDINANCE NO. ___________ Page 3 of 5 C. Master Plan Amendments The following Master Plan Amendments to the Official City of College Station Comprehensive Plan are as follows: D. Text Amendments The following Text Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Text Amendments: a.Chapter 2. Distinctive Places by amending the text regarding the Neighborhood Center future land use description, intent, and generally appropriate zoning districts – Ordinance 4351, dated April 28, 2022. E. Map Amendments The following Map Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Future Land Use & Character Map: a. Approximately 5 acres of land generally located at 2354 Barron Road from Suburban Residential to Neighborhood Commercial – Ordinance 4365, dated June 23, 2022. b. Approximately 17 acres of land generally located at 400 Double Mountain Road from Medical to Urban Residential – Ordinance 2022-4378, dated August 11, 2022. c. Approximately 0.19 acres of land generally located at 106 Southland Street from Suburban Residential to Neighborhood Commercial – Ordinance 2022-4388, dated September 8, 2022. d. Approximately 0.356 acres of land generally located at 217 Richards Street from Neighborhood Center to Mixed Residential – by this Ordinance, dated October 13, 2022. F. General 1.Conflict. All parts of the Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. Page 234 of 317 ORDINANCE NO. ___________ Page 4 of 5 2.Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its Extraterritorial Jurisdiction (“ETJ”). The Comprehensive Plan depicts generalized locations of proposed future land uses, including thoroughfares, bicycle and pedestrian ways, parks, greenways, and waterlines, and sewer lines that are subject to modification by the City to fit local conditions and budget constraints. 3.General nature of Future Land Use. The Comprehensive Plan, in particular the Future Land Use & Character Map and any adopted amendments thereto, shall not be, nor be considered, a zoning map, shall not constitute zoning regulations or establish zoning boundaries, and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4.General nature of College Station Comprehensive Plan. The Comprehensive Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as thoroughfares, bikeways, pedestrian ways, greenways, waterlines, and sewer lines that are a part of the Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Comprehensive Plan without being considered an amendment thereto. 5.Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. Page 235 of 317 ORDINANCE NO. ___________ Page 5 of 5 EXHIBIT B That the “Official City of College Station Comprehensive Plan” is hereby amended by amending a portion of the map titled “Future Land Use & Character” from Neighborhood Center to Mixed Residential for the following property: Page 236 of 317 Page 237 of 317 Page 238 of 317 Page 239 of 317 1 2 3 4TERRA TITLE COMPANY LLC HOLLEMAN PLACE, LOT 1R-2 Acres: 0.356Existing Land Use: Neighborhood Center HOLLEMAN DRIVE RICHARDS STREET 1 2 3 4TERRA TITLE COMPANY LLC HOLLEMAN PLACE, LOT 1R-2 Acres: 0.356Proposed Land Use: Mixed Residential HOLLEMAN DRIVE RICHARDS STREETSITEHOLLEMAN DRTEXAS AVEEXISTINGPROPOSED LEGEND VICINITY MAP-Comp Plan Amendment MapPage 240 of 317 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: September 15, 2022 Advertised Council Hearing Date: October 13, 2022 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: 18 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 Institutional/Public WPC Wolf Pen Creek Fire Station # 1 South Mixed Residential GS General Suburban Single Family Residential East Mixed Residential GS General Suburban Richards Street (local street) West Neighborhood Center GC General Commercial Office DEVELOPMENT HISTORY Annexation: May 1969 Zoning:D-3 Apartment House District (1969) R-1 Residential (1971) C-1 General Commercial (2009) Renamed to GC General Commercial (2012) Final Plat: Holleman Place Site development:A portion of the adjacent office development’s parking lot extended onto this lot but is being removed. Page 241 of 317 Page 242 of 317 Name of Project:217 RICHARDS STREET Address: Legal Description:HOLLEMAN PLACE, LOT 1R-2, ACRES 0.595 Total Acreage:0.59 Applicant:: Property Owner:TERRA TITLE COMPANY L.L.C. MITCHELL & MORGAN What element of the Comprehensive Plan and at what location is requested to be amended? Land Use Plan Amendment at 217 Richards Street What is the amendment requested? We request to amend the Land Use Plan for a portion of this lot from Neighborhood Center to Mixed Residential How will this change be compatible with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole? This portion of the property is not needed for future office development. By allowing it to develop as residential, it will develop more consistently with the residential properties on Richards Street. COMP PLAN APPLICATION SUPPORTING INFORMATION What is the reason for the amendment? The owner of the property has changed future development plans for the back portion of the lot. Without the need for office uses, he has decided to offer the remainder of the property, which has frontage on Richards Street, for residential uses. Page 1 of 2 Page 243 of 317 Explain the impact on environmentally sensitive and natural areas and infrastructure, including water, wastewater, drainage and transportation network. Amending the Land Use Plan to reflect Mixed Residential will be consistent with the pattern of residential development on Richards Street and surrounding streets as well as the character established in the area. Explain how this change will be consistant with the goals and strategies set forth in the Comprehensive Plan. Amending the Land Use Plan to reflect Mixed Residential will be consistent with the pattern of residential development on Richards Street and surrounding streets as well as the character established in the area. List any other reasons to support this zone change. N/A List any other additional properties. N/A Page 2 of 2 Page 244 of 317 October 13, 2022 Item No. 9.3. 217 Richards Street Rezoning Sponsor: Robin Macias Reviewed By CBC: Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A , Unified Development Ordinance, Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GC General Commercial to GS General Suburban for approximately 0.356 acres located at Holleman Place Lot 1R-2, generally located at 217 Richards Street. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their September 15, 2022 meeting and voted unanimously to recommend approval. Staff also recommends approval. Summary: This request is to rezone approximately 0.356 acres of land generally located at 217 Richards Street from GC General Commercial to GS General Suburban. The subject property was reserved for a future office building but is currently undeveloped. It is the applicant’s intent to replat the property into three residential lots. REZONING REVIEW CRITERIA 1.) Whether the proposal is consistent with the Comprehensive Plan: The subject tract is designated on the Comprehensive Plan Future Land Use & Character Map as Neighborhood Center. This rezoning request is accompanied by a Comprehensive Plan Amendment application to change the land use designation from Neighborhood Center to Mixed Residential. If the Comprehensive Plan Amendment is approved, the rezoning request will align with the Comprehensive Plan. For the Neighborhood Center land use, the Comprehensive Plan provides the following: Areas that are appropriate for a mix of uses arranged in a compact and walkable pattern at a smaller scale than Urban Centers. These areas consist of residential, commercial, and office uses arranged horizontally in an integrated manner and may be mixed vertically within structures. The intent of the district is to: • Create and reinforce walkable activity centers that are connected to surrounding development and include a mix of complementary uses. • Accommodate a mix of building types that frame attractive pedestrian spaces. The zoning districts that are generally appropriate within this land use include: Mixed-use, commercial and multi-family zoning may be considered in some circumstances if designed in an integrated manner through a Planned Development District with a preferred emphasis on urban form. Page 245 of 317 The proposed GS General Suburban zoning is not in conformance with the Comprehensive Plan. GS General Suburban is an appropriate zoning district for a Mixed Residential land use area. Should the accompanying Comprehensive Plan Amendment request be approved, the proposed zoning would be consistent with the Comprehensive Plan. 2.) Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is surrounded by single-family homes to the south and east and a commercial development to the west. There is multi-family development to the southwest of the subject property along Holleman Drive South. The proposed zoning district is appropriate for the surrounding area as it would allow for additional single-family developments along Richards Street. 3.) Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for a single-family residential development. The site has adequate space to meet the minimal dimensional standards as set forth in the Unified Development Ordinance. 4.) Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property fronts Richards Street. Each residential lot will take access off Richards Street as it is a local street. The proposed use is expected to generate less than 150 trips in any peak hour; therefore, a TIA was not required. 5.) The marketability of the property: The uses allowed by the proposed zoning district are marketable for the area. The applicant states that the uses allowed with proposed zoning will be more marketable than the uses allowed in the current GC General Commercial zoning district. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity Map, Aerial , and Small Area Map 3. Rezoning Exhibit 4. Zoning Map 5. Future Land Use Map 6. Background Information 7. Applicant's Supporting Information Page 246 of 317 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 GC GENERAL COMMERCIAL TO GS GENERAL SUBURBAN, AFFECTING HOLLEMAN PLACE LOT 1R-2, GENERALLY LOCATED AT 217 RICHARDS ST, 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”, 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 247 of 317 ORDINANCE NO. ____________ Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 248 of 317 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 GC General Commercial to GS General Suburban: Page 249 of 317 ORDINANCE NO. ____________ Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 250 of 317 Page 251 of 317 Page 252 of 317 Page 253 of 317 1 2 3 4 HOLLEMAN DRIVERICHARDS STREETTERRA TITLE COMPANY LLC HOLLEMAN PLACE, LOT 1R-2 Acres: 0.356Existing Land Use: Neighborhood Center Existing Zoning: GC/General Commercial 1 2 3 4 HOLLEMAN DRIVERICHARDS STREETTERRA TITLE COMPANY LLC HOLLEMAN PLACE, LOT 1R-2 Acres: 0.356Proposed Land Use: Mixed ResidentialProposed Zoning: GS/General SuburbanSITEHOLLEMAN DRTEXAS AVEEXISTINGPROPOSED LEGEND VICINITY MAPRZPage 254 of 317 Page 255 of 317 Page 256 of 317 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: September 15, 2022 Advertised Council Hearing Date: October 13, 2022 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: 18 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 Institutional/Public WPC Wolf Pen Creek Fire Station # 1 South Mixed Residential GS General Suburban Single Family Residential East Mixed Residential GS General Suburban Richards Street (local street) West Neighborhood Center GC General Commercial Office DEVELOPMENT HISTORY Incorporated: May 1969 Zoning: D-3 Apartment House District (1969) R-1 Residential (1971) C-1 General Commercial (2009) Renamed to GC General Commercial (2012) Final Plat:Holleman Place Site Development:A portion of the adjacent office development’s parking lot extended onto this lot but is being removed. Page 257 of 317 Name of Project:217 RICHARDS STREET REZONING Address: Legal Description:HOLLEMAN PLACE, LOT 1R-2, ACRES 0.595 Total Acreage:0.357 Applicant:: Property Owner:TERRA TITLE COMPANY L.L.C. MITCHELL & MORGAN List the changed or changing conditions in the area or in the City which make this zone change necessary. This portion of the property has been held in reserve for a future office building. There is no longer a need to develop another office building on this lot; therefore, the owner would like to allow the back portion of the lot that fronts onto Richards Street to develop in character with the surrounding residential lots. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. We have made a request to amend the Comprehensive Plan to reflect this property as Mixed Residential, as established by the character of the existing pattern of development. If the Comprehensive Plan Amendment is approved, the rezoning request will be in compliance with the Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The property is suitable for some commercial uses, such as offices and would be in character with the existing office building on the property. However, the property is best suited for residential uses which would be more compatible with the neighboring residential properties. Explain the suitability of the property for uses permitted by the rezoning district requested. Allowing the property to develop with residential uses is more suitable for the character of the surrounding neighborhood than the currently permitted commercial uses. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 258 of 317 Explain the suitability of the property for uses permitted by the current zoning district. Allowing the property to develop with residential uses is more suitable for the character of the surrounding neighborhood than the currently permitted commercial uses. Explain the marketability of the property for uses permitted by the current zoning district. The back portion of this property is not marketable for most general commercial uses as allowed by the existing zoning district due to low visibility from Holleman Drive. The available property could be marketable for similar office-type uses; however, from a supply and demand perspective, there is not a great need for office space in College Station as there is an abundance of office space available on the market. List any other reasons to support this zone change. N/A Page 2 of 2 Page 259 of 317 October 13, 2022 Item No. 9.4. Bethel Baptist Church Rezoning Sponsor: Robin Macias Reviewed By CBC: Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A , “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R Rural to GC General Commercial for approximately 2.238 acres including Harvey Hillsides Block 1 Lot 1, generally located at the intersection of Harvey Rd and State Highway 30. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their September 15, 2022 meeting and voted unanimously to recommend approval. Staff also recommends approval. Summary: This request is to rezone approximately 2.238 acres of land generally located at 9900 State Highway 30 from R Rural to GC General Commercial. The applicant is requesting the zoning district change to install a freestanding sign for the existing church located on the property. While churches are allowed uses in all zoning districts, freestanding signs are not allowed on properties zoned for R Rural. REZONING REVIEW CRITERIA 1.) Whether the proposal is consistent with the Comprehensive Plan: The subject tract was recently designated as General Commercial on the Comprehensive Plan Future Land Use & Character Map during the 10-year Comprehensive Plan update. For the General Commercial land use, the Comprehensive Plan provides the following: Areas of commercial activities that cater to both nearby residents and to the larger community. These areas tend to be large and located along regionally significant roads. The intent of the district is to: • Accommodate a wide range of commercial uses. • Concentrate future commercial development at major intersections. The zoning districts that are generally appropriate within this land use include: general commercial, office and mixed-use zoning. The proposed GC General Commercial zoning allows for commercial developments that are in line with the Comprehensive Plan. 2.) Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Page 260 of 317 The subject property is surrounded by commercial property to the west across Harvey Road and adjacent to the south. There is an existing church to the northwest of the subject property and an undeveloped lot to the north, both of which are located within the City of Bryan’s Extraterritorial Jurisdiction. To the east there is an adjacent storage building, and across Nunn Jones Road there is a fireworks stand, plumbing service, and a residential home located in the City’s Extraterritorial Jurisdiction. The proposed zoning district is appropriate in the context of the area as it would allow for a commercial development on the hard corner of two major thoroughfares, and at an entry point into the City. 3.) Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for a commercial development. The site has adequate space to meet the minimum dimensional standards as set forth in the Unified Development Ordinance. 4.) Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. Drainage and any other infrastructure required with site redevelopment shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property is at the intersection of Harvey Road and State Highway 30, both major arterials on the Thoroughfare Plan. The existing use is expected to generate less than 150 trips in any peak hour; therefore, a TIA was not required. 5.) The marketability of the property: The uses allowed by the proposed zoning district are marketable in the area. Rezoning the property to GC General Commercial will make the property more marketable in the future for commercial development. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Vicinity, Aerial, and Small Area Map 3. Rezoning Exhibit 4. Background Information 5. Applicant's Supporting Information 6. Rezoning Map 7. Existing Future Land Use Map Page 261 of 317 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 GC GENERAL COMMERCIAL, AFFECTING HARVEY HILLSIDES BLOCK 1 LOT 1, GENERALLY LOCATED AT THE INTERSECTION OF HARVEY ROAD AND STATE HIGHWAY 30, 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 262 of 317 ORDINANCE NO. ____________ Page 2 of 5 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 263 of 317 ORDINANCE NO. ____________ Page 3 of 5 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 GC General Commercial to GS General Suburban: Page 264 of 317 ORDINANCE NO. ____________ Page 4 of 5 Ordinance Form 08-27-19 Page 265 of 317 ORDINANCE NO. ____________ Page 5 of 5 Ordinance Form 08-27-19 Exhibit B Page 266 of 317 Page 267 of 317 Page 268 of 317 Page 269 of 317 Page 270 of 317 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: September 15, 2022 Advertised Council Hearing Date: October 13, 2022 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: 9 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 State Highway 30 (6-lane Major Arterial)n/a State Highway 30 (4-lane Major Arterial) South General Commercial GC General Commercial Commercial East Nunn Jones Road (Rural Street)n/a Nunn Jones Road (Rural Street) West Harvey Road (4-lane Major Arterial)n/a Harvey Road (2-lane roadway) DEVELOPMENT HISTORY Incorporated: September 1980 Zoning: A-O Agricultural Open (upon annexation) R Rural (renamed 2013) Final Plat:Harvey Hillsides Site Development:Bethel Baptist Church Page 271 of 317 Page 1 of 2 REZONING APPLICATION SUPPORTING INFORMATION REZONE FROM R: RURAL TO GC: GENERAL COMMERCIALName of Project: 9900 STATE HIGHWAY 30Address: Legal Description:HARVEY HILLSIDES, BLOCK 1, LOT 1 (NE HALF OF) & 1.79AC IN M KEGAN, ACRES 2.92 Total Acreage:2.238 Applicant::Steve Lovett Property Owner:BETHEL BAPTIST CHURCH OF HARVE List the changed or changing conditions in the area or in the City which make this zone change necessary. The demographics for this neighborhood are quickly changing from rural urban fringe to urban. Numerous new single family and multi-family residential developments have been built or are currently under construction within a 1-mile radius of this property. Moreover, the combined traffic counts at the SH 30 / FM 158 intersection exceed +/- 30,000 VPD. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. Yes. Conforming How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The property on the opposite corner to the west is used as a convenience store and neighborhood retail. The property to the south is the original C&J Restaurant (formerly a C-Store). The property to the east is used as an office/warehouse facility. The property to the north is vacant land awaiting adequate utilities so that it can be put to a commercial use. Explain the suitability of the property for uses permitted by the rezoning district requested. The subject property has adequate size, shape, topography and utilities to be put to a commercial use consistent with other comparable tracts located at high traffic intersections. Page 272 of 317 Page 2 of 2 Explain the suitability of the property for uses permitted by the current zoning district. The subject tract is not consistent with a R rural use inasmuch as the neighborhood characteristics have changed significantly in recent years. Moreover, the current R rural zoning does not allow the church to upgrade / replace its current signage. The current sign is non-conforming to the R rural zoning sign size requirements. Explain the marketability of the property for uses permitted by the current zoning district. The subject land is improved with Bethel Baptist church which is the oldest Baptist Church in Brazos County. The church exceeds 150 years old and was situated on this site long before the City of College Station was incorporated. It is not anticipated that the church building, nor the excess land will be marketed within the foreseeable future. List any other reasons to support this zone change. Because at the City’s recommendation at a PAC meeting held on 2/6/2019, we have been waiting patiently for the city to revise its Comprehensive Plan so that we can re-zone the property to C-Commercial and construct a new aesthetically pleasing sign. Page 273 of 317 Page 274 of 317 Page 275 of 317 October 13, 2022 Item No. 9.5. Shared Housing Sponsor: Michael Ostrowski, Director of Planning and Development Reviewed By CBC: Planning & Zoning Commission Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, regarding the creation of a new use called Shared Housing. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): The Planning and Zoning Commission heard this item at their 9/1/22 meeting and unanimously recommended approval. Staff also recommends approval. Summary: City staff presented at two City Council workshops (5/27/2021 and 4/28/2022) on options to preserve neighborhood character / integrity. One of the items coming out of the workshops was to address issues relating to the increasing number of properties that are redeveloping into a Shared Housing type use, which may not be compatible with the other residential uses within the area. To address the concerns, one of the first steps is to define the use within the Unified Development Ordinance (UDO). Therefore, staff is proposing to create a use and related definition for Shared Housing. Shared Housing, also known as “Stealth Dorms” or “Ag Shacks” are uses that typically facilitate allowing more than four unrelated persons within a residential dwelling unit, which exceeds the definition of Family. However, because the structures are currently categorized as single-family, they have been allowed to develop within single-family residential neighborhoods. On 9/22/2022, City Council tabled this item to allow staff the opportunity to meet with the building/development community to discuss potential concerns. Staff held a building and development breakfast on 9/29/2022 where they presented the item, answered questions, and received feedback on potential modifications to the ordinance and potential next steps. Some attendees expressed concerns with some of the criteria being used to help define Shared Housing. In addition, if a Shared Housing use is established, several attendees expressed a desire to identify locations for these uses to locate legally, which included a discussion regarding the City initiating these rezonings, especially where many of these uses already exist or are likely to exist in the future. The following is a list of some of the comments regarding the definition, along with responses to them: Concerns about new administrators reading the definition, and how it will be applied. Page 276 of 317 o In order to assist administrators in determining what uses would be considered Shared Housing, qualifiers have been established. While some qualifiers may also be characteristics of other residential uses, staff have modified the beginning portion of the definition to include a component that these characteristics are supportive of increased occupancy beyond that of one (1) family. A residential dwelling unit providing complete, independent living facilities designed to exceed occupancy levels of more than one (1) family, including permanent provisions for living, sleeping, cooking, eating, and sanitation. Such use may be identified and differentiated from other residential uses by considering a combination of structure or property characteristics that may be used to increase occupancy to more than one (1) family, such as:... This should help provide additional guidance to current and future administrators that just because a structure or property has certain characteristics, does not necessarily mean it is Shared Housing. The characteristics would need to further support the probability of over occupancy. Concerns that standard 4 BD/ 4 BA houses would be subject to this definition and the parking criteria being included in the bulleted list would incentivize developers to not provide parking. o It is not the intent to have dwelling units designed to house one (1) family to be considered this use. The number of parking spaces that a property has is not the sole determining factor in determining a Shared Housing use. It is a combination of factors that assist in determining the use. If the use is determined Shared Housing, they will need to meet the parking requirements for Shared Housing. Do not keep the following qualifiers as part of the definition: (1) A dwelling unit that is in excess of one story; (2) The property where the dwelling unit is located does not contain a garage; (3) The property where the dwelling unit is located contains a parking area that will allow parking in excess of four vehicles; and (4) The property where the dwelling unit is located is within two (2) miles of a campus of higher education. o These characteristics are helpful in differentiating a Shared Housing use compared to other residential uses, and staff recommend keeping them within the definition, with the exception for the property being located within two (2) miles of campus. In addition, staff have modified some of the characteristics to provide additional clarity, such as: A residential dwelling unit that is in excess of one story for the main purpose of reducing the building footprint on the lot to meet impervious surface requirements. The property where the residential dwelling unit is located does not contain a garage, or if it contains a garage, has the ability to support additional living space. Clarify what is considered a campus of higher education. Page 277 of 317 o By removing the two (2) mile characteristic, there is no further reference to a campus of higher education. Look at the ratio of common areas (game room, den, living, etc.) within a structure to bedrooms as a criterion. o This becomes very difficult to determine as common space is not easily defined. Also, houses vary in size, which creates concerns with specifying a definitive ratio. Consider an exemption where the property owner can prove they have a homestead exemption on the home. o This characteristic could change with ownership and is not a physical characteristic of the structure or property. Furthermore, it creates challenges for people who may be building a structure, as they would likely not have a homestead exemption on the property at the time of construction. Staff would not recommend adding this. After hearing the comments regarding the definition, staff propose the following modifications to address some of the concerns heard, as well as to provide additional clarity: Modified Definition (Changes) Page 278 of 317 In addition to the discussion regarding the use and definition, several members expressed that if this use is approved, that the City create a plan to identify where these uses could occur. The City recently adopted its Comprehensive Plan and the Future Land Use and Character Map within it identifies locations that may be appropriate for zoning districts that would allow Shared Housing as a permitted use. In addition to these areas, there may be additional areas that could be suitable for these types of uses. Staff recommend creating a working group comprised of builders, developers, real estate professionals, neighborhood advocates, and other stakeholders to look at what other areas may be appropriate for these uses and develop a strategy for moving forward with these areas, which may include amendments to the Future Land Use and Character Map, as well as rezonings. A map is attached to show where Shared Housing uses could be allowed with the proper zoning. While the two (2) mile reference is on the map, this is only to show where that boundary would have been located. However, with the modified ordinance, this boundary has been removed. The Middle Housing zoning district is anticipated to be in front of City Council for consideration on 10/27/2022. This district would allow Shared Housing, along with other housing types, as a permitted use. While properties would need to be rezoned to this district to create these uses, this provides an important first step in allowing areas throughout the city to have some denser uses that would normally only be allowed through a Multi-Family zoning district. Another comment from the builder/developer community was to not require Shared Housing uses to have to buffer or meet the Low-Density Residential Height Protection. As part of the Middle Housing Page 279 of 317 zoning district creation, other than on the periphery of the Mixed Residential land use (where it meets a lower classification/use), structures would not need to buffer or meet the Low-Density Residential Height Protection. Below is a listing of changes/additions being proposed as part of this ordinance amendment: Section 6.3 – Add Shared Housing to the use table, and make it a permitted use within the MF – Multi-Family and Northgate districts. The intent would also be to make them a permitted use within the MH – Middle Housing district once it is created. Section 6.3 – Remove the Northgate High-Density Dwelling Unit as the Shared Housing use would replace it. Section 7.2 – Require that structures with Shared Housing uses be subject to the Low-Density Residential Height Protection requirements. They will be exempt as part of the Middle Housing zoning district creation, other than on the periphery of the Mixed Residential land use (where it meets a lower classification/use). Section 7.3 – Set the parking standards for Shared Housing uses to one per room that are at least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator may also exclude additional rooms, but not below the number of bedrooms. Section 7.7 – Require Shared Housing uses to buffer to lower classification uses or zoning districts. They will be exempt as part of the Middle Housing zoning district creation, other than on the periphery of the Mixed Residential land use (where it meets a lower classification/use). Section 11.2 – Remove the Northgate High Density Dwelling Unit definition, as it is being replaced by the Shared Housing use. Section 11.2 – Add a definition for Shared Housing. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. UDO - Section 6.3 - Types of Uses - Changes 3. UDO - Article 7 - General Development Standards - Changes 4. UDO - Section 11.2 - Defined Terms 5. Future Land Uses to Allow Shared Housing Page 280 of 317 Ordinance Form 8-14-17 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 6, "USE REGULATIONS," SECTION 6.3 "TYPES OF USE,” ARTICLE 7, "GENERAL DEVELOPMENT STANDARDS," SECTION 7.2 "GENERAL PROVISIONS,” SECTION 7.3 "OFF-STREET PARKING STANDARDS,” SECTION 7.7 "BUFFER REQUIREMENTS,” ARTICLE 11, "DEFINITIONS," SECTION 11.2 "DEFINED TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO SHARED HOUSING; 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 6, "Use Regulations," Section 6.3 "Types of Use,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.7 "Buffer Requirements,” 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”, Exhibit “B”, Exhibit “C”, Exhibit “D”, and Exhibit “E” 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 281 of 317 ORDINANCE NO. ___________ Page 2 of 22 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 282 of 317 ORDINANCE NO. ___________ Page 3 of 22 Ordinance Form 8-14-17 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 6.3. Types of Use. A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P), permitted uses subject to specific use standards (P*), or conditional uses (C) in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. B. The Administrator shall determine whether or not an unlisted use, that is otherwise prohibited, as stated above should be processed. In doing so, the Administrator shall utilize purpose statements adopted herein in conjunction with the applicable zoning district, and consideration of the following criteria: 1. The actual or anticipated characteristics of the activity in relationship to known characteristics of similar projects in standard planning practice; 2. The relative amount of site area, floor space, and equipment; 3. Relative volumes of sales from each activity; 4. The customer type for each activity; 5. The relative number of employees in each activity; 6. Hours of operation; 7. Building and site arrangement; 8. Vehicles used with the activity and the relative number of vehicle trips generated by the use; and 9. How the use advertises itself. C.Use Table. Except where otherwise specifically provided herein, regulations governing the use of land and structures with the various zoning districts and classifications of planned developments are hereby established as shown in the following Use Table. 1.Permitted Uses. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. 2.Permitted Uses Subject to Specific Standards. A "P*" indicates a use that will be permitted, provided that the use meets the provisions in Section 6.4, Specific Use Standards. Such uses are also subject to all other applicable regulations of this UDO. 3.Conditional Uses. Page 283 of 317 ORDINANCE NO. ___________ Page 4 of 22 Ordinance Form 8-14-17 A "C" indicates a use that is allowed only where a conditional use permit is approved by the City Council. The Council may require that the use meet the additional standards enumerated in Section 6.4, Specific Use Standards. Conditional uses are subject to all other applicable regulations of this UDO. Page 284 of 317 Ordinance Form 8-14-17 USE TABLE Residential Districts Non-Residential Districts Retired Districts Design Districts Specific Uses RWEEWRSRSGST**D**MF**MU**MHP**P-MUD**O SC WC GC CI BP BPI CU NAP R-1BR-4**R-6**C-3**M-1M-2R&D**WPC** NG-1** NG-2** NG-3** KEY:P = Permitted by Right; P* = Permitted Subject to Specific Use Standards C = Conditional Use; ** = District with Supplemental Standards (refer to Article 5) RESIDENTIAL Assisted Living/Residential Care Facility P P P Boarding and Rooming House P P P P P Extended Care Facility/Convalescent /Nursing Home P P P P P P P P Dormitory P P P P P P P P Duplex P P P P Fraternity/Sorority P P P P P P Manufactured Home P* P* P* Mixed-Use Structure P P P P P P P Multi-Family P P P P P C 1 P P P Multi-Family built prior to January 2002 P P P P P P P P Shared Housing P P P P Single-Family Detached P P P P P P P P P P Single-Unit Dwelling P Townhouse P P P P P P Two-Unit Dwelling P Live-Work Unit P* P* PUBLIC, CIVIC AND INSTITUTIONAL Educational Facility, College and University P Page 285 of 317 ORDINANCE NO. ___________ Page 6 of 22 Ordinance Form 8-14-17 Educational Facility, Indoor Instruction P P P P P P P P P P P P P Educational Facility, Outdoor Instruction P C C P P P P Educational Facility, Primary and Secondary P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Educational Facility, Tutoring P P P P P P P P P P P P Educational Facility, Vocational/Trade P P P P P P P P Governmental Facilities P* P* P* P* P* P* P* P* P* P* P* P P P* P* P P P P P P* P* P* P P P P P P P P* Health Care, Hospitals P P Health Care, Medical Clinics P P P P P P P P P P Parks P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Places of Worship P* P* P* P* P* P* P* P* P* P* P* P P P P* P P P P P P* P* P* P P P P P P P P COMMERCIAL, OFFICE AND RETAIL Agricultural Use, Barn or Stable for Private Stock P P P Agricultural Use, Farm or Pasturage P P P Agricultural Use, Farm Product Processing P Animal Care Facility, Indoor P P P P P P P P P P P P Animal Care Facility, Outdoor P* P Art Studio/Gallery P P P P P P P P P P P P Car Wash P* Commercial Garden/Greenhouse /Landscape Maint. P* P* P* P* P* P* Commercial Amusements P P P C C P* P* C P P P Page 286 of 317 ORDINANCE NO. ___________ Page 7 of 22 Ordinance Form 8-14-17 Conference/Conventi on Center P P P P P P P P Country Club P P P P P P P P P P Day Care, Commercial P P C P P P P P C C P P P P Drive-in/thru window P* P C P* Dry Cleaners and Laundry P P P* P* P P* P P P* P* P* P* P* Fraternal Lodge P P P P P P Fuel Sales P* P* P* P Funeral Homes P P P P Golf Course or Driving Range P* P* P* P* Health Club/Sports Facility, Indoor P P P P P P P P P P P P Health Club/Sports Facility, Outdoor P P* P P P P P* P Hotels C2 P P P P P P P P Mobile Food Court C 4 C 4 C 4 C 4 C 4 C 4 C 4 Night Club, Bar or Tavern C C C C C P P Offices P P P P P P P P P P P P P P P P P P Parking as a Primary Use P P C P P P P* Personal Service Shop P P P P P P P P P P P P Printing/Copy Shop P P P P P P P P P P P P P P Radio/TV Station/Studios P P P P P P P P P P P P* Recreational Vehicle (RV) Park C3 C 3 Restaurants P P P P* P* P P* P P P P* Retail Sales - Single Tenant over 50,000 SF P P P Retail Sales and Service P P P P* P* P* P* P P P P P Page 287 of 317 ORDINANCE NO. ___________ Page 8 of 22 Ordinance Form 8-14-17 Retail Sales and Service - Alcohol C P P* P* P C P P Sexually Oriented Business (SOB) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Shooting Range, Indoor P P P P P Theater P P P P P P P P Retail Sales, Manufactured Homes P P* Storage, Self Service P* P* P P P P* P Vehicular Sales, Rental, Repair and Service P* P* P P* Wholesales/Services P* P* P P P P INDUSTRIAL AND MANUFACTURING Bulk Storage Tanks/Cold Storage Plant P P P Micro-Industrial P* P* P P* P* Industrial, Light P P P P P P Industrial, Heavy P P Recycling Facility - Large P* P P Salvage Yard P* P* Scientific Testing/Research Laboratory P P P P P Storage, Outdoor - Equipment or Materials P P* P P P Truck Stop/Freight or Trucking Terminal P P Utility P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Warehousing/Distrib ution P C P P P Waste Services P P Wireless Telecommunication P* P* P* P* P* P* P P* P* P* P* P* P* P* P* P* Page 288 of 317 ORDINANCE NO. ___________ Page 9 of 22 Ordinance Form 8-14-17 Facilities - Intermediate Wireless Telecommunication Facilities-Major C P* C C C C P C C C P* C Wireless Telecommunication Facilities- Unregulated P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P ** District with Supplemental Standards (Refer to Article 5). 1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. 2 Hotels only allowed when accessory to a Country Club development and are limited to a maximum of fifteen (15) rooms. 3 Refer to Section 6.4.Z "Recreational Vehicles Park Standards (RV Parks)" for Specific Use Standards. 4 Refer to Section 6.4. AC "Mobile Food Courts" for Specific Use Standards. Page 289 of 317 Ordinance Form 8-14-17 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Subsection H “Low-Density Residential Height Protection” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.2. General Provisions. H.Low-Density Residential Height Protection. 1.Purpose. The purpose of low-density residential height protection is to help mitigate negative visual impacts of higher-density residential and non-residential uses on adjacent, low- density residential uses and districts. This is accomplished by regulating the height of such higher-density residential or any non-residential uses when adjacent to low-density residential uses and districts. 2.Applicability. a. This subsection shall apply to all multifamily structures, structures with Shared Housing uses, and nonresidential structures to be constructed or reconstructed in any way that would increase the building height as defined in Section 11.2 Defined Terms of this UDO, on property adjacent to a detached single-family, manufactured home park, or townhouse use or district. b. Unless otherwise stated in this UDO, the regulations herein shall not apply to any of the following: 1. Structures located in NG, RDD, and P-MUD zoning districts; 2. Utility structures such as elevated water storage tanks and electrical transmission lines; 3. Individual architectural structures such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other similar structure extending above the roof of any building where such structure does not occupy more than thirty-three (33) percent of the surface area of the roof; 4. Residential radio/television receiving antennas; 5. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming; 6. When the use on the adjacent tract is agricultural; or 7. Developments designed to be mixed use or that are within areas where it has been identified that redevelopment is appropriate, as shown on the Future Land Use and Character Map of the City's Comprehensive Plan. Such developments at the periphery of the mixed use area or area identified as Page 290 of 317 ORDINANCE NO. ___________ Page 11 of 22 Ordinance Form 8-14-17 appropriate for redevelopment shall meet the terms of Low-Density Residential Height Protection, when applicable. 3.Slope Requirement. a. Multi-family structures, structures with Shared Housing uses, and non-residential structures shall remain under an imaginary line formed by a 1:2 slope as illustrated by the inclined plane in the graphic below, where 'A' is located at the property line shared with a detached single-family, manufactured home park or townhouse use or district. When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, townhouse, or manufactured home or residential amenity, the measurement shall be taken from the closest property line shared with a buildable detached single-family, townhouse, or manufactured home lot. b. In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in WC Wellborn Commercial zoning: 1. No building may exceed two (2) stories; 2. Maximum eave height shall be twenty-four (24) feet; 3. Maximum overall height to peak of roof shall be thirty-five (35) feet; 4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade; 5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty (50) feet of the property line are limited to one-story in height with an eave maximum of twelve (12) feet; and 6. An eave maximum of fourteen (14) feet in height is permitted when mechanical equipment is housed within a mezzanine. Page 291 of 317 ORDINANCE NO. ___________ Page 12 of 22 Ordinance Form 8-14-17 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.3 "Off-Street Parking Standards,” Subsection H “Number of Off-Street Parking Spaces Required” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.3. Off-Street Parking Standards. H.Number of Off-Street Parking Spaces Required. In computing the number of parking spaces required, the following rules shall govern: 1. Parking requirements based on square footage shall be based upon the gross floor area, unless otherwise stated. Service areas such as mechanical rooms, restrooms, and closets shall be included in the calculation of "gross floor area" for determining required parking spaces; 2. Where fractional spaces result in computing required parking spaces, the required number of spaces must be increased to the nearest whole number. At least one (1) parking space must be provided unless otherwise specified in this UDO; 3. The parking space requirements for a use not specifically listed shall be the same as those for the most similar to the proposed use, as determined by the Administrator; 4. Whenever a building or use constructed or established after the effective date of this UDO is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, parking requirements shall be met on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this UDO is enlarged, the enlarged building or increased use shall then and thereafter comply with the parking requirements set forth herein; 5. At the time of construction, redevelopment, or when an addition to the number of existing bedrooms is completed, all single-family and townhouse uses shall come into compliance with the minimum off-street parking requirements. Garages that meet minimum dimensional standards may be counted towards parking requirements; 6. Where requirements are established on the basis of the number of seats, such requirements shall be based on the seating capacity as determined by the Building Official; 7. Where a manufacturing/industrial use has more than one (1) working shift of employees, parking shall be provided to accommodate overlap requirements during transition periods; and 8. The Design Review Board may waive parking space requirements in the Northgate and Wolf Pen Creek districts if the development meets the goals of the master plan for the respective district. Page 292 of 317 ORDINANCE NO. ___________ Page 13 of 22 Ordinance Form 8-14-17 MINIMUM OFF-STREET PARKING REQUIREMENTS Use Unit Spaces/Unit Plus Spaces For: Assisted Living/Residential Care Facility As determined by the Administrator***** Airport As determined by the Administrator***** Banks 250 s.f. Floor area over 500 s.f.: 1.0 Bowling Alley As Determined by the Administrator***** Bus Depot As Determined by the Administrator***** Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay Church Seat 0.33* Convalescent Home/Hospital Bed 0.5 Duplex Dwelling: 1 & 2 Bedroom DU 2.0 3+ Bedroom BR 1.0 Dormitory Bed 0.75 Day Care Center 250 s.f. Floor area over 500 s.f.: 1.0 Fraternal Lodge 75 s.f. Floor area over 150 s.f.: 1.0 Fraternity/Sorority House Person 1.0 1/30 s.f. meeting room Freight Station As Determined by the Administrator***** Funeral Parlor Seat 0.33 Furniture Sales, Freestanding 350 s.f. Floor area over 700 s.f.: 1.0 Golf Driving Range Tee Station 1.0 Health Club/Sports Facility As Determined by the Administrator***** Gasoline and Fuel Service 300 s.f. 1.0 Group Housing BR 2.0 As Determined by the Administrator Health Studio 150 s.f. Floor area over 300 s.f.: 1.0 Hospital As Determined by the Administrator***** Hotel/Motel DU 1.0 1/200 s.f. meeting room HUD-Code Manu. Home DU 2.0 Laundry 150 s.f. Floor area over 300 s.f.: 1.0 Live-Work Unit 250 s.f. of non- residential portion of structure Floor area over 250 s.f.: 1.0 1/BR, Residential DU Motor Vehicle Sales/Service: Office/Sales Area 250 s.f. 1.0 Page 293 of 317 ORDINANCE NO. ___________ Page 14 of 22 Ordinance Form 8-14-17 Service Area 200 s.f. 1.0 Medical or Dental Clinic < 20,000 s.f. 200 s.f. Floor area over 400 s.f: 1.0 Mixed-Use Structure**** 250 s.f. of non- residential portion of structure Floor area over 500 s.f.: 1.0 1/BR, including residential DU and hotel/motel DU Multi-Family Dwelling: 1 Bedroom BR 1.5 2+ Bedroom BR 1.0 Night Club 50 s.f. 1.0 Office Building 250 s.f. Floor area over 500 s.f.: 1.0 Personal Service Shop 250 s.f. Floor area over 500 s.f.: 1.0 Priv. School or Comm. Studio 100 s.f. Floor area over 200 s.f.: 1.0 Retail Sales & Service: GC, SC, WC, C-3 250 s.f. Floor area over 500 s.f.: 1.0 CI 350 s.f. Floor area over 700 s.f.: 1.0 Restaurant (w/o drive- through) 65 s.f. Floor area over 130 s.f.: 1.0 Restaurant (w/drive-through) 100 s.f. Floor area over 200 s.f.: 1.0 Rooming/Boarding House Person 1.0 Sales Display 250 s.f. Floor area over 500 s.f.: 1.0 Shared Housing Rooms at least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator may also exclude additional rooms, but not below the number of BRs. 1.0 Page 294 of 317 ORDINANCE NO. ___________ Page 15 of 22 Ordinance Form 8-14-17 Single-Family Dwelling*** BR 1.0*** Minimum of 2, Maximum of 4 1.0/Accessory Living Quarter Single-Unit Dwelling BR 1.0 Shopping Center** : GC, SC, WC, C-3 250 s.f. 1.0 CI 350 s.f. 1.0 Townhouse*** BR 1.0*** Minimum of 2, Maximum of 4 Theater Seat 0.25 Truck Terminal As Determined by the Administrator***** Two-Dwelling Unit BR 1.0 Veterinary Clinic 300 s.f. Floor area over 600 s.f.: 1.0 Warehouse 1,000 s.f. 1.0 "s.f." = square footage. "DU" = Dwelling Unit. "BR" = Bedroom. * Overflow parking above required parking spaces may be grassed rather than paved. All unpaved spaces shall be shown on site plan and organized for efficient traffic circulation using wheel stops and other appropriate measures as required by the Administrator. ** The minimum number of parking spaces for a shopping center shall be calculated at a rate of 1:250 in GC SC, or WC, and 1:350 in CI regardless of the composing uses unless otherwise determined by the Administrator that such composing uses require a modification to the applicable requirements. *** For areas designated Neighborhood Conservation on the Comprehensive Plan's Future Land Use and Character Map there shall be no maximum number of parking spaces. **** Mixed-Use structures in the MU Mixed-Use and MF Multi-Family districts. ***** When determining the required off-street parking requirements for the uses noted above, the Administrator shall consider the anticipated traffic demand, traffic circulation, and surrounding conditions. The Administrator may also consider information provided by the applicant that demonstrates the proposed number of off-street parking spaces is adequate for the proposed use and has been successfully employed in other locations. Page 295 of 317 ORDINANCE NO. ___________ Page 16 of 22 Ordinance Form 8-14-17 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.7 "Buffer Requirements” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.7. Buffer Requirements. A.Purpose. The purpose of buffer requirements, which generally include a buffer yard, plantings, and a fence or wall, is to provide a visual barrier between different zoning districts and to help mitigate any negative impacts of adjacent land uses on developed or developing properties. A buffer should visibly separate one (1) use from another and shield or block noise, glares, or other nuisances. B.Applicability. 1. Perimeter buffers shall be provided on building plots abutting developed or developing sites in accordance with the standards of this Section, as outlined in Section 7.7.F, Minimum Buffer Standards. The following shall provide buffers: a. Vacant sites that develop; b. Existing sites when additions, expansions, and/or redevelopments equal or are greater than twenty-five (25) percent of the existing improvements; c. Existing sites when cumulative additions, expansions, and/or redevelopments total twenty- five (25) percent or more of the existing improvements; d. Existing sites when a change of use intensifies the development in terms of elements such as traffic, processes, noise, water or air pollution, etc.; e. Existing sites with lawfully established nonconforming uses when the use is expanded; and f. Sexually-oriented businesses. 2. Exceptions to the terms of this Section will be made when: a. The adjacent developed use is nonconforming; b. The adjacent developed use is agricultural; c. The Land Use Plan designates the area as Redevelopment; d. The property is zoned P-MUD or PDD and the buffer requirement was determined through the rezoning process; e. The developing use is a Primary or Secondary Educational Facility containing a building with a Group "E" occupancy as defined in the International Building Code; or f. Properties in NG and RDD districts. Per Ordinance No. 3280 (September 9, 2010) Page 296 of 317 ORDINANCE NO. ___________ Page 17 of 22 Ordinance Form 8-14-17 g. The required buffer yard is adjacent to FEMA designated 100-year floodplain or residential common area, with approval by the Administrator. C.Relationship to Other Landscaping Standards. All buffer requirements shall be included on a development's Landscaping Plan. Landscaping provided to meet the buffer landscaping standards of this Section may not be counted towards meeting a project's landscape point requirements. The area of a site dedicated to a perimeter buffer shall not be included in calculating a site's minimum landscaping point requirements. D.Location. The buffer shall abut property boundaries shared with less intense uses or zoning districts as shown in Section 7.7.F, Minimum Buffer Standards. In the event that a property abuts a less intense use and a less intense zoning district, the more stringent buffer shall be required along the shared boundary. E.Permitted Uses. 1. A buffer yard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails provided that: a. No plant material is eliminated; b. The total width of the buffer yard is maintained; and c. All other regulations of this Section are met. 2. No active recreation area, storage of materials, parking, driveways, or structures, except for approved pedestrian, bike or equestrian trails and necessary utility boxes and equipment, shall be located within the buffer yard. 3. Pedestrian access through a perimeter fence or wall and buffer yard may be provided at the abutting resident's, homeowners association's, or the Administrator's option to provide convenient pedestrian access to nonresidential uses such as commercial areas or schools. F.Minimum Buffer Standards. The buffer requirements are designed to permit and encourage flexibility in the widths of buffer yards, the number of plants required in the buffer yard, and opaque screens. Standard buffer requirements are depicted in the table below. The numbers shown are the required buffer widths. ABUTTING PARCEL* (Use more restrictive of the zoning or the developed use.) DEVELOPING USE (Classification) Single-Family Residential (ii) Multi-Family Residential (i) Non- Residential (iii) Single-family (ii) N/A N/A N/A Multi-Family (i) (iii) 10' (1) N/A N/A Office 10' (1) N/A N/A Commercial *** 15' (2) 10' (1) N/A Industrial 25' (2) 15' (2) 5' Page 297 of 317 ORDINANCE NO. ___________ Page 18 of 22 Ordinance Form 8-14-17 Business Park 50' (2) 15' (2) 5' Business Park - Industrial 50' (2) 30' (2) 10'** SOB 50' (2) 50' (2) 50' (2) (i) Includes duplexes and Shared Housing uses. (ii) Includes manufactured homes, mobile homes, manufactured home parks, and townhouses. (iii) Includes commercial and other non-residential uses developed in the MF Multi-Family district. * When an abutting parcel is vacant and zoned R Rural, the Administrator shall use the future land use of the property as designated on the Comprehensive Land Use Plan in lieu of the zoning category in determining the buffer requirement. ** When an abutting parcel is zoned BP Business Park or BPI Business Park Industrial, the buffer width shall be reduced to five feet (5'). *** When a developing parcel is zoned WC Wellborn Commercial and adjacent to single- family, the buffer width shall be twenty (20) feet with a fence. (1) Fence (2) Wall 1.Buffer Yards. a. Buffer yards shall be measured from the common property line and may be located within established building setbacks. b. Where utility or drainage easements or other similar situations exists in the required buffer yard, the buffer yard may be reduced by the width of the easement; however, an additional five (5) feet may be required beyond the width of the easement in these situations to allow for the required plantings and fence or wall. All new plantings and irrigation shall be located outside of the easement. The Administrator has the discretion to allow a required fence or wall within the easement. c. In WC Wellborn Commercial: 1. Buffer required plantings shall be doubled along property lines adjacent to single-family residential zoning or land use. In lieu of a fence, plantings may be tripled. 2. When adjacent to single-family use, zoning, or future Land Use and Character designation, a buffer wall is required for the length of any adjacent parking, loading areas, or dumpster uses (including required maneuvering space). d. In BP Business Park, required buffer plantings shall be doubled along property lines adjacent to single-family residential zoning or development. e. In BPI Business Park Industrial, required buffer plantings shall be doubled along property lines adjacent to any zoning district or use other than BP Business Park or BPI Business Park Industrial. Page 298 of 317 ORDINANCE NO. ___________ Page 19 of 22 Ordinance Form 8-14-17 f. In MF Multi-Family and MU Mixed-Use, buffer yards shall only be required along the perimeter of the development, unless otherwise exempted in this Section. No buffer yards are required between uses contained within the development. 2.Plantings. a. If a fence or wall is not required per the table above, the following plantings shall be installed in the buffer yard: 1. A minimum of one (1) five-gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscaping buffer; and 2. A minimum of one (1) two-inch caliper canopy tree per twenty-five (25) linear feet of landscape buffer. b. If a fence or wall is required per the table above, the following plantings shall be installed in the buffer yard, unless expressly provided for otherwise in this UDO: 1. A minimum of one (1) 1.25-inch caliper non-canopy tree per fifteen (15) linear feet of landscaping buffer. The Administrator may allow the substitution of a minimum of one (1) five-gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscaping buffer for the non-canopy tree requirement, or may require the substitution to mitigate potential negative impacts of a development; and 2. A minimum of one (1) two-inch caliper canopy tree per twenty-five (25) linear feet of landscape buffer. c. All buffer yard landscaping areas not dedicated to trees or shrubs shall be landscaped with grass, ground cover, or other appropriate landscape treatment in accordance with Section 7.6.C.3, Landscaping and Tree Protection. d. Fifty (50) percent of all required shrubs within the buffer yard shall be evergreen. e. Plant materials shall show a variety of texture, color, shape, and other characteristics. Recommended buffer materials can be found in the College Station Plant List or in those listed as appropriate for Zone 8 on the USDA Hardiness Zone Map. f. The arrangement of trees and shrubs in the buffer area shall be done in a manner that provides a visual separation between abutting land uses. Shrubs shall be massed in rows or groups to achieve the maximum screening effect. g. Irrigation is required for all new plantings. h. Existing vegetation may count toward the planting requirement if: 1. The vegetation is in good health and the landscaping plan verifies that it will meet the plantings criteria listed above (non-point trees may count towards a natural buffer); and 2. The vegetation is protected in accordance with Section 7.6.C.2.c, Landscaping and Tree Protection, of this UDO. Page 299 of 317 ORDINANCE NO. ___________ Page 20 of 22 Ordinance Form 8-14-17 i. Plantings will not be allowed to encroach into a required visibility triangle for a public or private right-of-way except as provided for in Section 7.2.C, Visibility at all Intersections in All Districts. 3.Fences and Walls. a. Fences may be solid wood or solid wood accented by masonry, stone, EIFS (Exterior Insulation and Finish System), or concrete columns. Walls may be masonry, stone, EIFS, concrete, or a combination of these materials, and shall be finished on both sides (framing not visible). Walls and masonry columns for fences must meet the footing standards prescribed by the Building Code for such structures. b. Fences and walls shall be a minimum of six (6) feet in height and a maximum of eight (8) feet. Walls over six (6) feet must obtain a building permit. When the adjacent property and the buffer yard are at different elevations, the Administrator may require a greater fence or wall height to ensure adequate buffering. c. Fences and walls shall be placed within one (1) foot of the common boundary line when physically possible. In the event that there is a physical constraint that will not allow the construction of a fence on the common boundary line (including, but not limited to, the existence of a creek, access easement, or existing vegetation), the Administrator may authorize an alternative fence location. d. Fences or walls will not be allowed to encroach into a required visibility triangle for a public or private right-of-way. 4.Substitutions. a. Existing natural vegetation may be used in lieu of plantings and a fence or wall under the following circumstances: 1. The existing vegetation consists of canopy and non-canopy trees which are shown through a tree survey to meet the minimum buffer planting requirements (non-point trees may be considered) and is of sufficient density to provide one hundred (100) percent opacity to a height of six (6) feet; and 2. The vegetation is protected in accordance with Section 7.6.C.2.c, Landscaping and Tree Protection, of this UDO. b. Fences and walls may be substituted with a solid plant or hedge wall that is greater than six (6) feet in height with approximately one hundred (100) percent opacity. All shrubs planted for a hedge wall must be a minimum of fifteen (15) gallons each. The solid plant or hedge wall must be evergreen and may not be counted towards meeting the buffer planting requirement. c. Fences and walls may be substituted with a landscaped earthen berm if the combination of berm and landscaping is not less than six (6) feet in height from the elevation at the property line with approximately one hundred (100) percent opacity. The berm plantings must be evergreen and may not be counted towards meeting the buffer planting requirement. Berms must be a minimum of four (4) feet in height with a maximum slope of 3:1. Berms in excess of six (6) feet in height shall have a maximum slope of 4:1 as measured from the exterior property line. Page 300 of 317 ORDINANCE NO. ___________ Page 21 of 22 Ordinance Form 8-14-17 d. The required height of fences or walls may be reduced if used in combination with an earthen berm or a landscaped earthen berm if the height of the screening is six (6) feet from the elevation at the property line with approximately one hundred (100) percent opacity. The berm plantings must be evergreen and may not be counted towards meeting the buffer planting requirement. e. Walls may be substituted with fences if the required buffer yard area and plantings are doubled. f. Walls and fences may be omitted if the required buffer yard area and plantings are tripled. g. Walls and fences may be omitted if two (2) rows of evergreen plantings (minimum six (6) feet in height at time of planting) are provided to create a solid screen along the common property line. h. Buffer plantings may be reduced by half if providing a wall where a fence is required. G.Maintenance and Replacement. 1. Upon installation or protection of required landscape materials, appropriate measures shall be taken to ensure their continued health and maintenance. Required landscape areas and buffers shall be free of garbage and trash, weeds, pests, and disease. Required plant materials that do not remain healthy shall be replaced consistently with these provisions. 2. All landscaping materials and/or fences, walls, or berms shall be maintained by the owner(s) of the property that was required to install such landscaping materials and/or fences, walls, or berms under this Section. 3. Any canopy tree removed or otherwise destroyed by the willful act or negligence of the property owner, tenant, or contractor shall be replaced by a tree of the same or larger caliper. H.Appeals. 1. Appeals of the terms of this Section, with the exception of Section G, Maintenance and Replacement, shall be to the Design Review Board (DRB). 2. An appeal shall be made within thirty (30) days of the date of the notification of the decision by filing with the Administrator a notice of appeal specifying the grounds thereof. 3. The DRB may authorize on appeal alternative buffer standards for a specific property or a waiver to the Buffer Requirements of this Section when such standards or variance will not be contrary to the public interest where, owing to unique and special conditions not normally found in like areas, a strict enforcement of the provisions of the ordinance by the Administrator would result in unnecessary hardship, and so that the spirit of this Section shall be observed and substantial justice done. Page 301 of 317 ORDINANCE NO. ___________ Page 22 of 22 Ordinance Form 8-14-17 Exhibit E 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 making changes to the following definitions: 1. By adding the following definition: Shared Housing: A residential dwelling unit providing complete, independent living facilities designed to exceed occupancy levels of more than one (1) family, including permanent provisions for living, sleeping, cooking, eating, and sanitation. Such use may be identified and differentiated from other residential uses by considering a combination of structure or property characteristics that may be used to increase occupancy to more than one (1) family, such as: (1) A residential dwelling unit containing more than four bedrooms or able to house more than four people using other rooms such as dens, offices, game rooms, or similar spaces that have the potential to be used for sleeping purposes in accordance with the International Residential Code (IRC) definition of habitable space; (2) A residential dwelling unit containing a similar bedroom to bathroom parity in excess of four; (3) A residential dwelling unit containing a high quantity of bathrooms, usually in excess of four, of which most can only be accessed through a bedroom or other room such as a den, office, game room, or similar space; (4) A residential dwelling unit that is in excess of one story for the purpose of limiting the building footprint on the lot to meet impervious cover requirements; (5) The property where the residential dwelling unit is located does not contain a garage, or if it contains a garage, has the ability to support additional living space; and/or (6) The property where the residential dwelling unit is located contains a parking area that will allow parking in excess of four vehicles. 2. By deleting the following definition: Northgate High-Density Dwelling Unit: A residential structure providing complete, independent living facilities for three (3) or more households, living independently of each other and including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit. Households in a Northgate High-Density Dwelling Unit allows more than four (4) but not greater than six (6) unrelated individuals, when one (1) bedroom is provided per each unrelated individual. Page 302 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 1 of 6 Sec. 6.3. Types of Use. A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P), permitted uses subject to s pecific use standards (P*), or conditional uses (C) in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. B. The Administrator shall determine whether or not an unlisted use, that is otherwise prohibited, as stated above should be pro cessed. In doing so, the Administrator shall utilize purpose statements adopted herein in conjunction with the applicable zoning district, and consideration of the following criteria: 1. The actual or anticipated characteristics of the activity in relationship to known characteri stics of similar projects in standard planning practice; 2. The relative amount of site area, floor space, and equipment; 3. Relative volumes of sales from each activity; 4. The customer type for each activity; 5. The relative number of employees in each activity; 6. Hours of operation; 7. Building and site arrangement; 8. Vehicles used with the activity and the relative number of vehicle trips generated by the use; and 9. How the use advertises itself. C. Use Table. Except where otherwise specifically provided herein, regulations governing the use of land and structures with the various zoning districts and classificati ons of planned developments are hereby established as shown in the following Use Table. 1. Permitted Uses. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. 2. Permitted Uses Subject to Specific Standards. A "P*" indicates a use that will be permitted, provided that the use meets the prov isions in Section 6.4, Specific Use Standards. Such uses are also subject to all other applicable regulations of this UDO. 3. Conditional Uses. A "C" indicates a use that is allowed only where a conditional use permit is approved by the City Council. The Council may require that the use meet the additional standards enumerated in Section 6.4, Specific Use Standards. Conditional uses are subject to all other applicable regulations of this UDO. Click here to access a PDF version of the Use Table. Page 303 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 2 of 6 USE TABLE Residential Districts Non-Residential Districts Retired Districts Design Districts Specific Uses R WE E WRS RS GS T** D** MF** MU** MHP** P-MUD** O SC WC GC CI BP BPI CU NAP R-1B R-4** R-6** C-3** M-1 M-2 R&D** WPC** NG-1** NG-2** NG-3** KEY:P = Permitted by Right; P* = Permitted Subject to Specific Use Standards C = Conditional Use; ** = District with Supplemental Standards (refer to Article 5) RESIDENTIAL Assisted Living/Residential Care Facility P P P Boarding and Rooming House P P P P P Extended Care Facility/Convalescent/Nursing Home P P P P P P P P Dormitory P P P P P P P P Duplex P P P P Fraternity/Sorority P P P P P P Manufactured Home P* P* P* Mixed-Use Structure P P P P P P P Multi-Family P P P P P C1 P P P Multi-Family built prior to January 2002 P P P P P P P P Northgate High-Density Dwelling Unit P P P Shared Housing P P P P Single-Family Detached P P P P P P P P P P Single-Unit Dwelling P Townhouse P P P P P P Two-Unit Dwelling P Live-Work Unit P* P* PUBLIC, CIVIC AND INSTITUTIONAL Page 304 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 3 of 6 Educational Facility, College and University P Educational Facility, Indoor Instruction P P P P P P P P P P P P P Educational Facility, Outdoor Instruction P C C P P P P Educational Facility, Primary and Secondary P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Educational Facility, Tutoring P P P P P P P P P P P P Educational Facility, Vocational/Trade P P P P P P P P Governmental Facilities P* P* P* P* P* P* P* P* P* P* P* P P P* P* P P P P P P* P* P* P P P P P P P P* Health Care, Hospitals P P Health Care, Medical Clinics P P P P P P P P P P Parks P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Places of Worship P* P* P* P* P* P* P* P* P* P* P* P P P P* P P P P P P* P* P* P P P P P P P P COMMERCIAL, OFFICE AND RETAIL Agricultural Use, Barn or Stable for Private Stock P P P Agricultural Use, Farm or Pasturage P P P Agricultural Use, Farm Product Processing P Animal Care Facility, Indoor P P P P P P P P P P P P Animal Care Facility, Outdoor P* P Art Studio/Gallery P P P P P P P P P P P P Car Wash P* Commercial Garden/Greenhouse/Landscape Maint. P* P* P* P* P* P* Commercial Amusements P P P C C P* P* C P P P Conference/Convention Center P P P P P P P P Country Club P P P P P P P P P P Day Care, Commercial P P C P P P P P C C P P P P Page 305 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 4 of 6 Drive-in/thru window P* P C P* Dry Cleaners and Laundry P P P* P* P P* P P P* P* P* P* P* Fraternal Lodge P P P P P P Fuel Sales P* P* P* P Funeral Homes P P P P Golf Course or Driving Range P* P* P* P* Health Club/Sports Facility, Indoor P P P P P P P P P P P P Health Club/Sports Facility, Outdoor P P* P P P P P* P Hotels C2 P P P P P P P P Mobile Food Court C4 C4 C4 C4 C4 C4 C4 Night Club, Bar or Tavern C C C C C P P Offices P P P P P P P P P P P P P P P P P P Parking as a Primary Use P P C P P P P* Personal Service Shop P P P P P P P P P P P P Printing/Copy Shop P P P P P P P P P P P P P P Radio/TV Station/Studios P P P P P P P P P P P P* Recreational Vehicle (RV) Park C3 C3 Restaurants P P P P* P* P P* P P P P* Retail Sales - Single Tenant over 50,000 SF P P P Retail Sales and Service P P P P* P* P* P* P P P P P Retail Sales and Service - Alcohol C P P* P* P C P P Sexually Oriented Business (SOB) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Shooting Range, Indoor P P P P P Theater P P P P P P P P Retail Sales, Manufactured Homes P P* Storage, Self Service P* P* P P P P* P Page 306 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 5 of 6 Vehicular Sales, Rental, Repair and Service P* P* P P* Wholesales/Services P* P* P P P P INDUSTRIAL AND MANUFACTURING Bulk Storage Tanks/Cold Storage Plant P P P Micro-Industrial P* P* P P* P* Industrial, Light P P P P P P Industrial, Heavy P P Recycling Facility - Large P* P P Salvage Yard P* P* Scientific Testing/Research Laboratory P P P P P Storage, Outdoor - Equipment or Materials P P* P P P Truck Stop/Freight or Trucking Terminal P P Utility P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Warehousing/Distribution P C P P P Waste Services P P Wireless Telecommunication Facilities - Intermediate P* P* P* P* P* P* P P* P* P* P* P* P* P* P* P* Wireless Telecommunication Facilities-Major C P* C C C C P C C C P* C Wireless Telecommunication Facilities-Unregulated P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P ** District with Supplemental Standards (Refer to Article 5). 1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. 2 Hotels only allowed when accessory to a Country Club development and are l imited to a maximum of fifteen (15) rooms. 3 Refer to Section 6.4.Z "Recreational Vehicles Park Standards (RV Parks)" for Specific Use Standards. 4 Refer to Section 6.4. AC "Mobile Food Courts" for Specific Use Standards. Page 307 of 317 Created: 2022-07-05 19:55:21 [EST] (Supp. No. 6, Update 6) Page 6 of 6 Per Ordinance No. 3243 (April 22, 2010) Per Ordinance No. 3271 (August 26, 2010) Per Ordinance No. 3280 (September 9, 2010) Per Ordinance No. 2011 -3312 (January 27, 2011) (Ord. No. 2012-3449 , Pt. 1(Exh. G), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. D), 9-27-2012; Ord. No. 2013-3510 , Pt. 1(Exh. A), 7-25-2013; Ord. No. 2013-3521 , Pt. 1(Exh. H), 9-12-2013; Ord. No. 2014-3624 , Pt. 1(Exh. G), 12-18-2014; Ord. No. 2015-3655 , Pt. 1(Exh. A), 4-23-2015; Ord. No. 2015-3708 , Pt. 1(Exh. B), 10-8-2015; Ord. No. 2016-3792 , Pt. 1(Exh. D), 7-28-2016; Ord. No. 2017-3931 , Pt. 1(Exh. A), 9-11-2017; Ord. No. 2018-3999 , Pt. 1(Exh. C), 4-12-2018) Page 308 of 317 Subpart B - LAND DEVELOPMENT ORDINANCES Appendix A - UNIFIED DEVELOPMENT ORDINANCE Article 7. General Development Standards College Station, Texas, Code of Ordinances Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 1 of 6 Article 7. General Development Standards The following general development standards shall apply to all zoning districts, except where expressly stated to apply to, or exclude, specific districts. Sec. 7.2. General Provisions. H. Low-Density Residential Height Protection. 1. Purpose. The purpose of low-density residential height protection is to help mitigate negative visual impacts of higher-density residential and non-residential uses on adjacent, low-density residential uses and districts. This is accomplished by regulating the height of such higher-density residential or any non- residential uses when adjacent to low-density residential uses and districts. 2. Applicability. a. This subsection shall apply to all multifamily structures, structures with Shared Housing uses, and nonresidential structures to be constructed or reconstructed in any way that would increase the building height as defined in Section 11.2 Defined Terms of this UDO, on property adjacent to a detached single-family, manufactured home park, or townhouse use or district. b. Unless otherwise stated in this UDO, the regulations herein shall not apply to any of the following: 1. Structures located in NG, RDD, and P-MUD zoning districts; 2. Utility structures such as elevated water storage tanks and electrical trans mission lines; 3. Individual architectural structures such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other similar structure extending above the roof of any building where such structure does not occupy more than thirty-three (33) percent of the surface area of the roof; 4. Residential radio/television receiving antennas; 5. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming; 6. When the use on the adjacent tract is agricultural; or 7. Developments designed to be mixed use or that are within areas where it has been identified that redevelopment is appropriate, as shown on the Future Land Use and Character Map of the City's Comprehensive Plan. Such developments at the periphery of the mixed use area or area identified as appropriate for redevelopment shall meet the terms of Low-Density Residential Height Protection, when applicable. 3. Slope Requirement. a. Multi-family structures, structures with Shared Housing uses, and non-residential structures shall remain under an imaginary line formed by a 1:2 slope as illustrated by the inclined plane in the Page 309 of 317 Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 2 of 6 graphic below, where 'A' is located at the property line shared with a detached single-family, manufactured home park or townhouse use or district. When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, townhouse, or manufactured home or residential amenity, the measurement shall be taken from the closest property line shared with a buildable detached single-family, townhouse, or manufactured home lot. b. In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in WC Wellborn Commercial zoning: 1. No building may exceed two (2) stories; 2. Maximum eave height shall be twenty-four (24) feet; 3. Maximum overall height to peak of roof shall be thirty-five (35) feet; 4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade; 5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty (50) feet of the property line are limited to one -story in height with an eave maximum of twelve (12) feet; and 6. An eave maximum of fourteen (14) feet in height is permitted when mechanical equipment is housed within a mezzanine. Sec. 7.3. Off-Street Parking Standards. H. Number of Off-Street Parking Spaces Required. In computing the number of parking spaces required, the following rules shall govern: 1. Parking requirements based on square footage shall be based upon the gross floor area, unless otherwise stated. Service areas such as mechanical rooms, restrooms, and closets shall be included in the calculation of "gross floor area" for determining required parking spaces; 2. Where fractional spaces result in computing required parking spaces, the required number of spaces must be increased to the nearest whole number. At least one (1) parking space must be provided unless otherwise specified in this UDO; 3. The parking space requirements for a use not specifically listed shall be the same as those for the most similar to the proposed use, as determined by the Administrator; 4. Whenever a building or use constructed or established after the effective date of this UDO is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or Page 310 of 317 Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 3 of 6 otherwise, parking requirements shall be met on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this UDO is enlarged, the enlarged building or increased use shall then and thereafter comply with the parking requirements set forth herein; 5. At the time of construction, redevelopment, or when an addition to the number of existing bedrooms is completed, all single-family and townhouse uses shall come into compliance with the minimum off - street parking requirements. Garages that meet minimum dimensional standards may be counted towards parking requirements; 6. Where requirements are established on the basis of t he number of seats, such requirements shall be based on the seating capacity as determined by the Building Official; 7. Where a manufacturing/industrial use has more than one (1) working shift of employees, parking shall be provided to accommodate overlap requirements during transition periods; and 8. The Design Review Board may waive parking space requirements in the Northgate and Wolf Pen Creek districts if the development meets the goals of the master plan for the respective district. MINIMUM OFF-STREET PARKING REQUIREMENTS Use Unit Spaces/Unit Plus Spaces For: Assisted Living/Residential Care Facility As determined by the Administrator***** Airport As determined by the Administrator***** Banks 250 s.f. Floor area over 500 s.f.: 1.0 Bowling Alley As Determined by the Administrator***** Bus Depot As Determined by the Administrator***** Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay Church Seat 0.33* Convalescent Home/Hospital Bed 0.5 Duplex Dwelling: 1 & 2 Bedroom DU 2.0 3+ Bedroom BR 1.0 Dormitory Bed 0.75 Day Care Center 250 s.f. Floor area over 500 s.f.: 1.0 Fraternal Lodge 75 s.f. Floor area over 150 s.f.: 1.0 Fraternity/Sorority House Person 1.0 1/30 s.f. meeting room Freight Station As Determined by the Administrator***** Funeral Parlor Seat 0.33 Furniture Sales, Freestanding 350 s.f. Floor area over 700 s.f.: 1.0 Golf Driving Range Tee Station 1.0 Health Club/Sports Facility As Determined by the Administrator***** Gasoline and Fuel Service 300 s.f. 1.0 Group Housing BR 2.0 As Determined by the Administrator Health Studio 150 s.f. Floor area over 300 s.f.: 1.0 Hospital As Determined by the Administrator***** Page 311 of 317 Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 4 of 6 Hotel/Motel DU 1.0 1/200 s.f. meeting room HUD-Code Manu. Home DU 2.0 Laundry 150 s.f. Floor area over 300 s.f.: 1.0 Live-Work Unit 250 s.f. of non- residential portion of structure Floor area over 250 s.f.: 1.0 1/BR, Residential DU Motor Vehicle Sales/Service: Office/Sales Area 250 s.f. 1.0 Service Area 200 s.f. 1.0 Medical or Dental Clinic < 20,000 s.f. 200 s.f. Floor area over 400 s.f: 1.0 Mixed-Use Structure**** 250 s.f. of non- residential portion of structure Floor area over 500 s.f.: 1.0 1/BR, including residential DU and hotel/motel DU Multi-Family Dwelling: 1 Bedroom BR 1.5 2+ Bedroom BR 1.0 Night Club 50 s.f. 1.0 Office Building 250 s.f. Floor area over 500 s.f.: 1.0 Personal Service Shop 250 s.f. Floor area over 500 s.f.: 1.0 Priv. School or Comm. Studio 100 s.f. Floor area over 200 s.f.: 1.0 Retail Sales & Service: GC, SC, WC, C-3 250 s.f. Floor area over 500 s.f.: 1.0 CI 350 s.f. Floor area over 700 s.f.: 1.0 Restaurant (w/o drive-through) 65 s.f. Floor area over 130 s.f.: 1.0 Restaurant (w/drive-through) 100 s.f. Floor area over 200 s.f.: 1.0 Rooming/Boarding House Person 1.0 Sales Display 250 s.f. Floor area over 500 s.f.: 1.0 Page 312 of 317 Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 5 of 6 Shared Housing Rooms at least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator may also exclude additional rooms, but not below the number of BRs. 1.0 Single-Family Dwelling*** BR 1.0*** Minimum of 2, Maximum of 4 1.0/Accessory Living Quarter Single-Unit Dwelling BR 1.0 Shopping Center** : GC, SC, WC, C-3 250 s.f. 1.0 CI 350 s.f. 1.0 Townhouse*** BR 1.0*** Minimum of 2, Maximum of 4 Theater Seat 0.25 Truck Terminal As Determined by the Administrator***** Two-Dwelling Unit BR 1.0 Veterinary Clinic 300 s.f. Floor area over 600 s.f.: 1.0 Warehouse 1,000 s.f. 1.0 "s.f." = square footage. "DU" = Dwelling Unit. "BR" = Bedroom. * Overflow parking above required parking spaces may be grassed rather than paved. All unpaved spaces shall be shown on site plan and organized for efficient traffic circulation using wheel stops and other appropriate measures as required by the Administrator. ** The minimum number of parking spaces for a shopping center shall be calculated at a rate of 1:250 in GC SC, or WC, and 1:350 in CI regardless of the composing uses unless otherwise determined by the Administrator that such composing uses require a modification to the applicable requirements. *** For areas designated Neighborhood Conservation on the Comprehensive Plan's Future Land Use and Character Map there shall be no maximum number of parking spaces. **** Mixed-Use structures in the MU Mixed-Use and MF Multi-Family districts. Page 313 of 317 Created: 2022-07-05 19:55:23 [EST] (Supp. No. 6, Update 6) Page 6 of 6 ***** When determining the required off-street parking requirements for the uses noted above, the Administrator shall consider the anticipated traffic demand, traffic circulation, and surrounding conditions. The Administrator may also consider information provided by the applicant that demonstrates the proposed number of off-street parking spaces is adequate for the proposed use and has been successfully employed in other locations. Sec. 7.7. Buffer Requirements. F. Minimum Buffer Standards. The buffer requirements are designed to permit and encourage flexibility in the widths of buffer yards, the number of plants required in the buffer yard, and opaque screens. Standard buffer requirements are depicted in the table below. The numbers shown are the required buffer widths. DEVELOPING USE (Classification) ABUTTING PARCEL* (Use more restrictive of the zoning or the developed use.) Single-Family Residential (ii) Multi-Family Residential (i) Non-Residential (iii) Single-family (ii) N/A N/A N/A Multi-Family (i) (iii) 10' (1) N/A N/A Office 10' (1) N/A N/A Commercial *** 15' (2) 10' (1) N/A Industrial 25' (2) 15' (2) 5' Business Park 50' (2) 15' (2) 5' Business Park - Industrial 50' (2) 30' (2) 10'** SOB 50' (2) 50' (2) 50' (2) (i) Includes duplexes and Shared Housing uses. (ii) Includes manufactured homes, mobile homes, manufactured home parks, and townhouses. (iii) Includes commercial and other non-residential uses developed in the MF Multi-Family district. * When an abutting parcel is vacant and zoned R Rural, the Administrator shall use the future land use of the property as designated on the Comprehensive Land Use Plan in lieu of the zoning category in determining the buffer requirement. ** When an abutting parcel is zoned BP Business Park or BPI Business Park Industrial, the buffer width shall be reduced to five feet (5'). *** When a developing parcel is zoned WC Wellborn Commercial and adjacent to single-family, the buffer width shall be twenty (20) feet with a fence. (1) Fence (2) Wall Page 314 of 317 Created: 2022-07-05 19:55:24 [EST] (Supp. No. 6, Update 6) Page 1 of 1 Sec. 11.2. Defined Terms. Northgate District definitions (applicable only to development in Northgate): Redevelopment: The revision or replacement of an existing land use or existing site through the acquisition or consolidation, and the clearance and rebuilding of this area according to the Northgate Redevelopment Plan. Site Development: Any excavation, landfill or land disturbance, including new construction, reconstruction, relocation, or change of use. For the purposes of the Northgate Districts only, site development includes installation of walls, accessory structures, and other similar additions. Rehabilitation: The process of returning a structure to a state of utility, through repair or alteration, which make possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value. Façade Work: The removal, or replacement, substitution or change of any material or architectural element on the exterior face of a building, which includes, but is not limited to, painting, material change, awning or canopy replacement, signage, or other permanent visible façade treatment. Minor Site/Building Projects: The addition, maintenance, and/or replacement of minor building or site elements, including such actions related to storage building(s), screening, fencing, and refuse containers. This also includes requests for changes in service for dumpster and other refuse receptacles. Northgate High-Density Dwelling Unit: A residential structure providing complete, independent living facilities for three (3) or more households, living independently of each other and including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit. Households in a Northgate High- Density Dwelling Unit allows more than four (4) but not greater than six (6) unrelated individuals, when one (1) bedroom is provided per each unrelated individual. Shared Housing: A residential dwelling unit providing complete, independent living facilities designed to exceed occupancy levels of more than one (1) family, including permanent provisions for living, sleeping, cooking, eating, and sanitation. Such use may be identified and differentiated from other residential uses by considering a combination of structure or property characteristics that may be used to increase occupancy to more than one (1) family, such as: (1) A residential dwelling unit containing more than four bedrooms or able to house more than four people using other rooms such as dens, offices, game rooms, or similar spaces that have the potential to be used for sleeping purposes in accordance with the International Residential Code (IRC) definition of habitable space; (2) A residential dwelling unit containing a similar bedroom to bathroom parity in excess of four; (3) A residential dwelling unit containing a high quantity of bathrooms, usually in excess of four, of which most can only be accessed through a bedroom or other room such as a den, office, game room, or similar space; (4) A residential dwelling unit that is in excess of one story for the purpose of limiting the building footprint on the lot to meet impervious cover requirements; (5) The property where the residential dwelling unit is located does not contain a garage, or if it contains a garage, has the ability to support additional living space; and/or (6) The property where the residential dwelling unit is located contains a parking area that will allow parking in excess of four vehicles. Page 315 of 317 Page 316 of 317 October 13, 2022 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor: City Council Reviewed By CBC: City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Aggieland Humane Society, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board, Brazos County Health Dept., Brazos Appraisal District, Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, College Station History Sub-Committee, Compensation and Benefits Committee, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Regional Mobility Authority Board, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 317 of 317