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10/12/2023 - Regular Agenda Packet - City Council
College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 *Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 223 427 023 174 | Passcode: MvPmTr Phone: 469-480-7460 | Phone Conference: 952 310 468# October 12, 2023 4:00 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 Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. 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: 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. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas. d. City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas. e. SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services. f. Legal advice for an ETJ release petition related to approximately 46.6 acres of land, generally located south of the intersection of Arrington Road and Harper’s Ferry Road. g. Legal advice related to the North East Trunk Line Project. 2.2. Real Estate {Gov't Code Section 551.072}; Possible action. The City Council may deliberate the purchase, exchange, lease or value of real Page 1 of 512 City Council Page 2 October 12, 2023 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: a. Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. b. Property generally located west of Texas State Highway 6 and in between Harvey Road and Holleman Drive. c. Property generally located in the area of FM 60, Boyett Street, Church Ave. and College Main Street. 2.3. 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 Manager b. City Judge c. City Secretary d. City Auditor e. City Attorney f. Council Self-Evaluation 3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before 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 using a translator may speak for six (6) minutes. The speaker’s microphone will mute when the allotted time expires and the speaker must leave the podium. 5. Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation proclaiming October 2023 as Community Planning Month. Sponsors: Michael Ostrowski Attachments: 1. Community Planning Month Proclamation 2023 5.2. Presentation proclaiming the week of October 16th, 2023 as College Station History Week. Sponsors: Ross Brady Attachments: 1. 85th Anniversary Proclamation 5.3. Presentation proclaiming October 2023 as Chiropractic Health Month. Page 2 of 512 City Council Page 3 October 12, 2023 Sponsors: Tanya Smith Attachments: 1. Chiropractic Health Month 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. 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. 7.1. Presentation, discussion, and possible action of minutes for: • September 28, 2023 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM092823 DRAFT Minutes 7.2. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY24 in the amount of $35,000. Sponsors: Jeff Kersten Attachments: 1. 24300020 Arts Council General 7.3. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY24 in the amount of $560,953. Sponsors: Jeff Kersten Attachments: 1. 24300021 Arts Council HOT 7.4. Presentation, discussion, and possible action regarding a resolution authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $276,000. Sponsors: Jeff Kersten Attachments: 1. Aggieland Humane Society Resolution - FY24 7.5. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Amber Alert Network Brazos Valley for FY24 in the amount of $5,000. Sponsors: Jeff Kersten Attachments: 1. 24300022 Amber Alert 7.6. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Brazos Valley Economic Development Corporation for FY24 in the amount of $350,000. Sponsors: Jeff Kersten Attachments: 1. 24300023 BV Econ Dev 7.7. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY24 in the amount of $25,000. Sponsors: Jeff Kersten Attachments: 1. 24300025 Chamber of Comm Page 3 of 512 City Council Page 4 October 12, 2023 7.8. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Memorial for All Veterans of the Brazos Valley for FY24 in the amount of $30,000. Sponsors: Jeff Kersten Attachments: 1. 24300026 Vets Memorial 7.9. Presentation, discussion, and possible action on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY24 in the amount of $48,230. Sponsors: Jeff Kersten Attachments: 1. 24300027 KBB 7.10. Presentation, discussion, and possible action on contracts for the purchase of long-lead materials for the Northwest Electric Substation from KBS Electrical Distributors not to exceed $364,855.22 and Techline Inc. not to exceed $154,500. Sponsors: Timothy Crabb Attachments: 1. 23-085 AWARD 7.11. Presentation, discussion, and possible action regarding an Interlocal Agreement with the City of Bryan for the Management of the Larry J. Ringer Library. Sponsors: Jennifer Prochazka Attachments: 1. ILA BCS Library System 2023 7.12. Presentation, discussion, and possible action on renewing a contract with DXI Industries, Inc for the annual purchase of sodium hypochlorite. The estimated annual expenditure for sodium hypochlorite is $330,770. Sponsors: Gary Mechler Attachments: 1. Renewal Contract #23300188R1 7.13. Presentation, discussion, and possible action on renewing a contract with DXI Industries, Inc. for the annual purchase of chlorine gas. The estimated annual expenditure for chlorine gas is $250,000. Sponsors: Gary Mechler Attachments: 1. Renewal Contract #22300800R1 8. Regular Agenda. 8.1. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan to amend the Wellborn Community Plan and rename it the Wellborn District Plan, to amend the planning areas and future land use descriptions within Chapter 2. Distinctive Places, to amend the Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land Use & Character Map, to amend the Comprehensive Plan – Functional Classification & Context Class Map, and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master Plan including the Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map. Sponsors: Michael Ostrowski Attachments: 1. Ordinance and Exhibit A 2. Exhibit B 3. Exhibit C 4. Exhibit D 5. Exhibit E 6. Exhibit F Page 4 of 512 City Council Page 5 October 12, 2023 8.2. Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement with Elder Aid, Inc. in the amount of $85,000 for the acquisition of 1106 Carolina and a HOME Investment Partnership Program Community Housing Development Organization funding agreement with Elder Aid, Inc. in the amount of $159,475 for the demolition of a dilapidated structure and construction of a single-family house on the lot at 1106 Carolina to be used as an affordable rental unit for an income-eligible elderly household. Sponsors: Debbie Eller Attachments: 1. Location Map 1106 Carolina 2. 1106 Carolina CDBG Contract Agreement 3. 1106 Carolina HOME CHDO Contract Agreement 8.3. Presentation, discussion, and possible action on a contract with Brinkley Sargent Wiginton Architects not to exceed $180,768 for a recreation center feasibility study. Sponsors: Jennifer Cain Attachments: 1. Rec Center Feasibility Contract - Vendor Signed 8.4. Presentation, discussion, and possible action regarding appointments to the Housing Action Plan Steering Committee. Sponsors: David Brower, Tanya Smith Attachments: None 9. Council Calendar - Council May Discuss Upcoming Events. 10. 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. 11. 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) 12. 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. Page 5 of 512 City Council Page 6 October 12, 2023 13.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 6, 2023 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, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” City Secretary Page 6 of 512 October 12, 2023 Item No. 5.1. Proclamation for Community Planning Month Sponsor: Michael Ostrowski, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming October 2023 as Community Planning Month. Relationship to Strategic Goals: • Good Governance • Core Services and Infrastructure • Neighborhood Integrity Recommendation(s): Recieve the proclamation. Summary: Planners work to improve the well-being of all people living in our communities by taking a comprehensive perspective. This approach leads to safer, resilient, more equitable, and more prosperous communities. We celebrate the role that planning plays in creating great communities each October with National Community Planning Month. Planning is more important than ever as communities continue to navigate the disruptive changes brought about by the pandemic. Budget & Financial Summary: None. Attachments: 1. Community Planning Month Proclamation 2023 Page 7 of 512 PROCLAMATION COMMUNITY PLANNING MONTH 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 community and regional planners of the City of College Station and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2023 is hereby designated as Community Planning Month in the City of College Station in conjunction with the celebration of National 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 12th day of October, 2023. John P. Nichols Attest: Mayor Tanya Smith City Secretary Page 8 of 512 October 12, 2023 Item No. 5.2. College Station History Week Sponsor: Ross Brady, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming the week of October 16th, 2023 as College Station History Week. Relationship to Strategic Goals: Good Governance Neighborhood Integrity Recommendation(s): Staff recommends the Council present the proclamation to members of the Historic Preservation Committee. Summary: Budget & Financial Summary: Attachments: 1. 85th Anniversary Proclamation Page 9 of 512 Proclamation WHEREAS,the area now known as College Station was, in an earlier era, inhabited by Native American tribes such as the, Wacos, and Tonkawas, and Towakonis; and, WHEREAS,in 1871 local landowner Harvey Mitchell donated 2,416 acres to the state for the construction of a university; and, WHEREAS,in 1876 the Agricultural and Mechanical College of Texas, later to become Texas A&M University, opened its doors; beginning a long partnership between the University and the surrounding community; and, WHEREAS,in 1877 the US Postal Service designated the community College Station; and, WHEREAS,in 1938 residents of College Station voted 217-39 to incorporate as a city; and, WHEREAS,since incorporation College Station has grown into a thriving, diverse community, with an outstanding quality of life for its over 127,000 residents; and, WHEREAS,in honor of the 85th anniversary of the City’s incorporation the City will celebrate its history, community, and future with an anniversary party at City Hall on Wednesday, October 18th at 6:00 PM; NOW, THEREFORE, I, I John P. Nichols, Mayor of College Station proclaim the week of October 16th, 2023 as College Station History Week in College Station, Texas and call upon the people of College Station to join their friends and neighbors throughout this community in celebrating the history and the future of our town. IN WITNESS WHEREOF, I have set my hand an caused the seal of the City of College Station to be affixed this 12th day of October, 2023. John P. Nichols Mayor Attest: Tanya Smith City Secretary Page 10 of 512 October 12, 2023 Item No. 5.3. Chiropractic Health Month Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption: Presentation proclaiming October 2023 as Chiropractic Health Month. Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the Proclamation. Summary: Texas Chiropractic Health Month is a statewide observance held each October. The event helps to raise public awareness of the importance of musculoskeletal health and the benefits of chiropractic care and its natural, whole-person, patient-centered and drug-free approach to health and wellness. Budget & Financial Summary: None. Attachments: 1. Chiropractic Health Month Page 11 of 512 Proclamation WHEREAS: About one of every five adults in the United States experiences chronic pain lasting more than three months, and new cases occur more frequently than common chronic conditions such as diabetes and high blood pressure; and WHEREAS: Chronic low back pain is a leading reason for opioid prescriptions, and one in four patients receiving long-term prescription opioids for non-cancer pain struggle with addiction; and WHEREAS: The American College of Physicians’ low-back pain treatment guidelines promote non-invasive, non-drug approaches such as spinal manipulation before using medications and surgery; and WHEREAS: The CDC’s Clinical Practice Guideline for Prescribing Opioids specifically encourages non-opioid/non-pharma logical therapies against subacute and chronic pain; and WHEREAS: Doctors of Chiropractic play an essential role in managing pain and easing reliance on prescription pain medications with an evidence-based, patient-centered non-drug approach; and WHEREAS: National Chiropractic Health Month reminds citizens that non-drug treatments can effectively relieve pain and restore joint function. NOW, THEREFORE, I, John P. Nichols, as Mayor of the City of College Station, Texas, and on behalf of the entire College Station City Council, officially join the Texas Chiropractic Association and the American Chiropractic Association in proclaiming October 2023 as Chiropractic Health 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 12th Day of October 2023. John P. Nichols Attest: Mayor Tanya Smith City Secretary Page 12 of 512 October 12, 2023 Item No. 7.1. Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • September 28, 2023 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM092823 DRAFT Minutes Page 13 of 512 CCM 092823 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION SEPTEMBER 28, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy 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 Nichols via In-Person and Teleconference at 3:00 p.m. on September 28, 2023, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and Competitive Matters-551.086 the College Station City Council convened into Executive Session at 3:00 p.m. on September 28, 2023, to continue discussing matters pertaining to: 2.1. 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. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and Page 14 of 512 CCM 092823 Minutes Page 2 •City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and •SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: •Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. •Property generally located west of Texas State Highway 6 and in between Harvey Road and Holleman Drive. •Property generally located in the area of FM 60, Boyett Street, Church Ave. and College Main Street. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •City Judge •City Secretary •City Auditor •City Attorney •City Manager •Council Self-Evaluation 2.4. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: •Power Supply 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:07 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments. Luke Morrison, Student Senate, came before Council to advocate for housing affordability and extend an offer to work with Council on the issue. Ben Crockett, Student Senate, came before Council on the no more than four to change from criminal to civil and give his opinion that this is not the way to manage student housing issues. Andrew Applewhite, Student Senate, came before Council to give his opinion that student housing violations should not be criminal offenses. Robert Parr, College Station, came before Council regarding the disappointment in the loss of the Texas Independence Ballpark fields and urge the Council to build fields elsewhere. Page 15 of 512 CCM 092823 Minutes Page 3 Gale Norman, College Station, came before Council regarding Senior Citizens “ForeverSize” classes, which are put on by the city. She stated that her late mother-in-law found these classes very enriching and urged their continued support as many other seniors enjoy them. Bob Brick, College Station, came before Council regarding Foxfire where he noticed Amazon Drones flying over his home one morning and after watching 7 or more drones fly over, he is requesting that someone on council convince him that it is not annoying. Anthony Cipolla, Bryan, gave a background of his history in Bryan and College Station, then asked Council to not support a trunkline in Rosemary. Ann Mallard, Bryan, came before Council to state her concerns about potential bore pits in N. Rosemary Drive, she believes this will scar the neighborhood and destroy trees. Bjarne Rasmussen, Bryan, came before Council with an invitation for council to consider their legacy when considering the Rosemary route for a sewer line. Jes Linne, Bryan, stated it has been proven that other routes are cheaper, and the city has previously stated not wanting to put in a lift station but contradicts itself since it has not taken Bryan up on its offer to allow three lift stations to be eliminated by connecting to their sewer system. Karen Smith, Bryan, came before to council to express how difficult the bore pits necessary to make the 90-degree bend to S. Rosemary Dr. will be for her and her neighbors' access. Mary Linne, Bryan, stated that the Rosemary citizens continue to ask for a survey study and environmental impact study but nothing has been completed and so we do not know the consequences of a Rosemary sewer line. Tim Bryan, Bryan, came before Council to thank the council for their service and talk about right and wrong during his time in the banking industry. He stated that in his experience doing the right something sometimes costs a little more or is not the least expensive thing to do. David Gardner, Bryan, came before Council giving his opinion that we do not know the consequences of potential bores pits in Rosemary and requests the city look at other alternatives. Scott Hickle, Bryan, stated his concerns about a Rosemary route for a potential sewer line and what he believes are nine (9) easements it will take to complete it. Lesley Walton, Bryan, spoke against a Rosemary sewer line route and cited the inconvenience to the residents of her neighborhood. David Bronstad, Bryan, believes there is no reason to choose the Rosemary route when the Chimney Hill route is less expensive and keeps the impact in the city the sewer line will serve. Robert Owens, Bryan, came before Council to speak about The Crossing redevelopment and that the current and future needs of the city would be better served by a Chimney Hill route for a new sewer line, not a Rosemary route. 6. CONSENT ITEMS Page 16 of 512 CCM 092823 Minutes Page 4 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. Items 6.4, 6.8 and 6.10 were pulled from Consent for clarification. (6.4) Richard Mann, Fire Chief, explained that Section 11.1 refers to the list of items in Exhibit A. This language specifies that if TAMUS incurs the upfront cost of those items, the City of College Station will reimburse 80% within 30 days. Section 11.2 references the list of items in Exhibit A, which TAMUS agrees to pay 20% above and beyond their equal share of ARFF operations between CoCS, COB, Brazos County, and TAMUS. Faxes are rarely used by the City of College Station. (6.8) Richard Mann, Fire Chief, explained the FY24 rate of $425 per incident, FY25 rate of $475 per incident, FY26 rate of $525 per incident. Chief Mann also stated that we requested an agreement with the City of Bryan in which either party would pay $550 per transport for the difference between aid given and received annually. This agreement was rejected by City of Bryan staff, thus prompting the transition to mutual aid. The proposed ILA with Brazos County is a cost-per-call based on an EMS unit arriving on the scene and rendering treatment, regardless of whether transport is made or not. This more adequately represents a charge based on the utilization of CSFD resources. (6.10) Brian Piscacek, Economic Development Assistant Director, explained that the previous agreement included a sponsorship of the Santa’s Wonderland lodging page which provided the option for College Station hotels to offer a special deal, like a discounted rate. This was presented at no cost to any hotel. This new agreement focuses more on preserving signage throughout the attraction and adding additional marketing benefits via bus transportation from Post Oak Mall. As a result, Santa’s Wonderland opened the lodging page to area hotels for individual sponsorships. We expect to continue our partnership with College Station hotels by featuring special deals on our “Christmas in College Station” webpage. Our marketing collateral will push visitors to that page, where they will find those deals along with other Christmas specials, events, and activities. 6.1. Presentation, discussion, and possible action of minutes for: •September 14, 2023, Council Meeting 6.2. Presentation, discussion, and possible action regarding purchasing firefighter protective clothing from NAFECO for $107,683.80. 6.3. Presentation, discussion, and possible action regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Auto Property Damage, Commercial Crime, Cyber Liability, Unmanned Aircraft Liability and Property insurance policies for Fiscal Year 2024. FY24 premiums for all lines of coverage are not to exceed $1,360,164. 6.4. Presentation, discussion, and possible action regarding an interlocal agreement with the Texas A&M University System for aircraft rescue and firefighting personnel and equipment requirements, operational responsibilities, command and control of th19e joint use fire station facility at Easterwood Airport for $1,145,486 to be paid to the City through FY26. 6.5. Presentation, discussion, and possible action to the BVWACS Annual Operating & Maintenance and Capital Budget. Page 17 of 512 CCM 092823 Minutes Page 5 6.6. Presentation, discussion, and possible action on lease agreement with CTWP in the amount of $262,641.13. 6.7. Presentation, discussion, and possible action regarding the rejection of all responses received to RFP 23-072 - Patricia Promenade Area Rehabilitation. 6.8. Presentation, discussion, and possible action regarding an Interlocal Agreement with Brazos County for EMS Ambulance service to the southern portion of Brazos County. 6.9. Presentation, discussion, and possible action regarding Resolution No. 09-28-23-6.9 authorizing the chief of police to execute the application and any documents necessary to receive grant funding from the Office of the Attorney General of the State of Texas for the Victim Coordinator and Liaison Grant. 6.10. Presentation, discussion, and possible action regarding a sponsorship agreement with Land of Lights, Inc., DBA Santa’s Wonderland, in the amount of $75,000. 6.11. Presentation, discussion, and possible action Resolution No. 09-28-23-6.11 on participating in the MuniWatt program by joining the joint power purchase contract with MERC (Municipal Energy Resources Corporation), MUNIWATT (Municipal Power Acquisition and Supply Corporation), a Texas public facility corporation, and their Agent the City of La Grange, Texas. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding Visit College Station's 2023 "Christmas in College Station" campaign. Jeremiah Cook, Tourism Manager, provided an overview of highlights of the upcoming "Christmas in College Station" campaign. Mr. Cook also presented the plan to increase tourism during the 2023 holiday season through marketing opportunities, engagement with local businesses, and a variety of holiday-inspired events. Outreach includes a continued partnership with Santa’s Wonderland, a new Aggieland Express holiday deals pass for visitors to earn prizes, digital displays, paid social media advertising and search results, advertising on vehicles, and physical media. Events can also be submitted to the city for inclusion on a calendar. Scheduled events include: •Nov. 12 – Dec. 30: Santa’s Wonderland •Nov. 12: Kick-Off to Christmas in College Station •Nov. 12: Jingle Bell Market •Nov. 23 – Jan 1: Lights On - Christmas in The Park •Dec. 1 & 2: Christmas in The Park Event Weekend •Dec. 1 & 2: Nutcracker Ballet •Dec. 2: Breakfast with Blue Santa •Dec. 2: College Station Christmas Parade Page 18 of 512 CCM 092823 Minutes Page 6 •Dec. 2: St. Nick Fun Run •Dec. 3: Texas A&M Hotel Holly Jolly Holiday Market •Dec. 3: Jingle on The Green •Dec. 3: Merry & Bright, Maroon & White Holiday Stroll •Dec. 3: Holiday Spirit of Aggieland •Dec. 5 & 6: Cirque Dreams Holidaze •Dec. 9: Howdy Holly Days at Northgate •Dec. 10: The Holiday Pops Concert •Dec. 10: Aia Gingerbread Build-Off •Dec. 16: Holiday Artisan Market 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4469 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 M-1 Light Industrial to SC Suburban Commercial for approximately 0.9663 acres located at 1601 Sebesta Road, generally located on the north side of Sebesta Road across from Foxfire Drive. Councilmember Yancy recused himself from this item and left Council Chambers. Anthony Armstrong, Planning and Development, stated that this request is to rezone approximately 0.9663 acres of land generally located at 1601 Sebesta Road from M-1 Light Industrial to SC Suburban Commercial. It is the applicant's intent to rezone this property to be in line with the Comprehensive Plan to allow for more neighborhood commercial uses like retail sales. Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. The Planning and Zoning Commission heard this item at their 9/7/23 meeting and voted 7-0 to recommend approval. At approximately 7:57 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:57 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2023-4469, 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 M-1 Light Industrial to SC Suburban Commercial for approximately 0.9663 acres located at 1601 Sebesta Road, generally located on the north side of Sebesta Road across from Foxfire Drive. The motion carried unanimously. Councilmember Yancy returned to Council Chambers. 8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4470 amending the Comprehensive Plan to adopt the Northeast Gateway Redevelopment Plan, to amend the planning areas description within Chapter 2. Distinctive Places, to amend the Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land Page 19 of 512 CCM 092823 Minutes Page 7 Use & Character Map, to amend the Comprehensive Plan – Functional Classification & Context Class Map, and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master Plan including the Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map. Matthew Ellis, Planning and Development, stated that the Northeast Gateway Redevelopment Plan, an important priority project from the FY23 PDS Plan of Work, has been underway since November 2022. This item comes from Comprehensive Plan Action 2.2, to prioritize and undertake detailed small area plans for priority areas. The planning effort invited participants to reimagine the area with a new distinct identity that welcomes visitors and residents into the City of College Station. Plan goals include incorporating vertical and horizontal mixed-uses, supporting existing commercial uses, and providing a greater mix of housing options to support the growing population who seek to live, work, and play near Texas A&M University. Staff engaged the community throughout the planning effort by hosting six working group meetings, two meetings on the Texas A&M University campus, two property and business owner meetings, four area-wide meetings, and a virtual area-wide meeting, as well as a virtual engagement website to gather community feedback. Additionally, staff directly engaged with property developers with significant ties in the area and representatives from the Texas Department of Transportation on future mobility projects in the planning area. City staff also coordinated internally to ensure the plan meets the needs of all departments and maintains the City’s excellent services. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their September 18, 2023 meeting and recommended approval 7-0. The Planning and Zoning Commission heard this item at their September 21, 2023 meeting and recommended approval 5-0. At approximately 8:15 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:15 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023- 4470, amending the Comprehensive Plan to adopt the Northeast Gateway Redevelopment Plan, to amend the planning areas description within Chapter 2. Distinctive Places, to amend the Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land Use & Character Map, to amend the Comprehensive Plan – Functional Classification & Context Class Map, and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master Plan including the Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map. The motion carried unanimously. 8.3 Presentation, discussion, and possible action regarding Ordinance No. 2023-4471 amending Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant Vendors, and Texas A&M University Ticket Reselling,” regarding itinerant vendors. Billy Couch, Police Chief, stated that this suggested modification cleans up the exemption language for charitable organizations and regulates the location and time they can operate as itinerant vendors. Specifically, this modification removes the "twice per year" caveat which currently cannot be tracked or enforced with the exemptions extended to charitable organizations. It maintains a charitable organization's ability to be exempted from the application process, obtaining permits, and payment of the permit fee and bonds. This modification prohibits a charitable organization from operating on public/city-owned property without written consent from the City Manager. Specifically, to Northgate, Page 20 of 512 CCM 092823 Minutes Page 8 it restricts the hours a charitable organization can operate as an itinerant vendor to be consistent with bar and mobile food vendor operating hours. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4471, amending Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant Vendors, and Texas A&M University Ticket Reselling,” regarding itinerant vendors. The motion carried unanimously. 8.4. Presentation, discussion, and possible action regarding Ordinance No. 2023-4472 amending Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-8, “Noise" regarding noise in Northgate. Billy Couch, Police Chief, stated that this recommended ordinance amendment sets a sound level standard for the Northgate Entertainment District of 76 decibels between the hours of 10:01 pm and 6:59 am. This also recommends prohibiting the use of speakers or amplifiers from being used towards public space. The purpose of this ordinance amendment is to reduce the levels of noise in the public spaces of Northgate. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4472, amending Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-8, “Noise" regarding noise in Northgate. The motion carried unanimously. 8.5. Presentation, discussion, and possible action regarding Ordinance No. 2023-4473 repealing Chapter 8 “Businesses”, Article IX, “Northgate Outdoor Dining and Entertainment” regarding Northgate outdoor dining permits. Billy Couch, Police Chief, stated that the outdoor dining boxes currently permitted in Northgate occupy public space and reduce the amount of space available for pedestrian traffic. This recommendation repeals the ordinance permitting these boxes and will allow for their removal. From a safety standpoint the desired result is to prevent public space from becoming obstructed, concentrating intoxicated persons (which leads to fights/assaults), and inhibiting emergency responses. Bobby Grabowski, College Station, came before council as the owner of multiple businesses in the Northgate area to request that some kind of space be reserved for the “dinning boxes.” MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4473, repealing Chapter 8 “Businesses”, Article IX, “Northgate Outdoor Dining and Entertainment” regarding Northgate outdoor dining permits. 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; Page 21 of 512 CCM 092823 Minutes Page 9 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. Mayor recognized the passing of Former Councilmember Nancy Crouch and Former Mayor Lorence Bravenec. Councilmember Harvell recognized the Code Enforcement Department for a presentation at the Neighborhood Seminar Super. Councilmember Maloney spoke on a Farmers Market at Post Oak Mall. 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 Yancy reported on the Board of Health. Tanya Smith, City Secretary reported on opening applications for Citizen Committees, Boards, and Commissions. 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. No future items at this time. 14. Adjournment. In accordance with the Texas Government Code §§551.074-Personnel, the College Station City Council reconvened into Executive Session at 9:25 p.m. on September 28, 2023, to continue discussing matters pertaining to: Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •City Attorney Executive Session recessed at 10:06 p.m. No action was taken. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:06 p.m. on Thursday, September 28, 2023. Page 22 of 512 CCM 092823 Minutes Page 10 ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 23 of 512 October 12, 2023 Item No. 7.2. Funding Agreement - Arts Council General Fund Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY24 in the amount of $35,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process, the City Council approved funding for the Arts Council of the Brazos Valley in the amount of $35,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 General Fund. The full amount of $35,000 is to be used for the operations and maintenance of the arts programming and gallery operations at the Arts Council facility. Attachments: 1. 24300020 Arts Council General Page 24 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 25 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF GENERAL FUNDS WITH ARTS COUNCIL OF BRAZOS VALLEY This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation (“City”) and the ARTS COUNCIL OF BRAZOS VALLEY a Texas Non – Profit Corporation (“Agency”). WHEREAS, City has the objective of enhancing the artistic and cultural life of its citizens; and WHEREAS, Agency’s mission is to make the arts accessible to all citizens in the Brazos Valley through funding, promotion, advocacy and partnership building, and WHEREAS, the City desires to assist Agency in making the arts accessible to its citizens, and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Arts Council of Brazos Valley a Texas Non-Profit Corporation. 1.2 City means the City of College Station, County of Brazos, and the State of Texas. 1.3 Contract Quarter means any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. Page 26 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 2 1.8 Event includes but is not limited to any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. ARTICLE II STATEMENT OF WORK 2.1 The Agency promotes, advocates, builds partnerships with, and funds the arts and cultural organizations of the Brazos Valley in a professional and accountable way on behalf of local governments. The Agency is responsible for maintaining and operating an arts facility, promoting the arts and culture in the Brazos Valley, and providing services for local art affiliates. 2.2 Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City. ARTICLE III PAYMENT 3.1 For and in consideration of the activities satisfactorily performed by Agency under this Agreement, City shall provide funding in the amount of THIRTY-FIVE THOUSAND DOLLARS AND NO/100 CENTS ($35,000.00) from the City’s General Fund. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. Payment will be made in eleven monthly installments of $2,916.66 and the twelfth payment will be $2,916.74. 3.2 Monthly Payments (with the exception of the first four (4) monthly installments hereunder) will be dependent upon the City receiving all reports required herein from the Agency no later than thirty (30) days after the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year). 3.3 City may withhold further payments and allocations if City determines Agency’s expenditures materially deviate from their Statement of Work or if reports required herein are not submitted in a complete and timely manner. ARTICLE IV RECORDS AND REPORTS 4.1 Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. 4.2 Written Records. Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files or other Page 27 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 3 documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this 3-year period and for as long as the records are retained by Agency. 4.3 Access to Records. Agency shall provide the City reasonable access during regular business hours to books, accounts, records, reports, files or other papers related to this Agreement belonging to or in use by Agency. Upon written request of the City, or City Manager, Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Tex. Gov’t Code, §552, as amended. 4.4 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report Agency shall respond promptly to any request from the City Manager, or his designee, for additional information relating to the activities performed under this Agreement. 4.5 Reports. The Financial Activity Reports, Performance Measure Reports, and Narrative Summary of Activity Reports shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th April 30th; July 30th, and October 30th of each contract year). 4.6 Financial Audit. A copy of the Agency financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.7 Monitoring Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how that review is to be conducted. 4.8 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of a special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available Page 28 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 4 to the public seventy-two (72) hours before the meeting at a location accessible to the public including but not limited to the Agency’s website. 5.2 Minutes. Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. 5.3 Appointees. The City shall have the option to recommend up to three (3) appointees for any vacancies that occur on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins October 1, 2023 and terminates at midnight October 31, 2024. However, the program period shall begin October 1, 2023 and terminates at midnight September 30, 2024. Only those expenditures authorized under the Statement of Work, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified hereinabove. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within thirty (30) days, a full accounting of all expenditures not previously reviewed by City (2) Within five (5) business days, a listing of expenditures that have occurred since the last required reporting period Page 29 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 5 (3) A final accounting of all expenditures on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency. (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors. (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach. (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of such breach. 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. Page 30 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 6 ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. Page 31 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 7 During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual Page 32 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 8 liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in Article II above. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. Page 33 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 9 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. Page 34 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 10 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Arts Council of Brazos Valley Attn: Sheree Boegner, Director 4180 Highway 6 South College Station, Texas 77845 Page 35 of 512 Contract No 2430020 Arts Council of Brazos Valley General Fund Form Revised 08-15-2022 11 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance ARTS COUNCIL OF BRAZOS VALLEY CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: ___________ Page 36 of 512 EXHIBIT A Statement of Financial Position Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 12 Page 37 of 512 Total ASSETS Current Assets Bank Accounts 10100 Wells Fargo Business Checking *8775 8,412.47 10200 VB - Checking *3808 59,297.21 10210 VB - Savings *3816 30,000.00 10220 VB - ICS *8164 25,681.34 10300 PayPal 1,182.71 10350 Venmo 0.00 10400 Prosperity - ABC 0.00 10500 American Momentum Money Market 71,571.55 10600 American Funds 63,290.47 10700 Cash in Drawer 0.00 10800 Community Foundation of BV 10,127.30 10900 Spirit of Texas 0.00 Total Bank Accounts $ 269,563.05 Accounts Receivable 11000 Accounts Receivable 23,456.44 11200 Pledges Receivable 45,000.00 11210 Discount on Pledge Receivable 0.48 Total 11200 Pledges Receivable $ 45,000.48 11400 Grants Receivable 0.00 11500 Contributions Receivable 69,999.80 11600 Due from Affiliates 14,348.50 Total 11000 Accounts Receivable $ 152,805.22 Total Accounts Receivable $ 152,805.22 Other Current Assets 12000 Undeposited Funds 2,989.07 12100 Inventory Asset 0.00 12300 Art Inventory 14,102.00 12400 Prepaid Expenses 0.22 12410 Prepaid Rent 0.00 12420 Prepaid Insurance 0.00 12430 Prepaid Advertising 0.00 Total 12400 Prepaid Expenses $ 0.22 Payroll Refunds 126.00 Total Other Current Assets $ 17,217.29 Total Current Assets $ 439,585.56 Fixed Assets 14000 Property & Equipment 14100 Furniture and Equipment 159,179.40 14200 Buildings & Improvements 1,729,666.71 The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 Page 38 of 512 Total The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 14300 Permanent Collection 657,023.02 14400 Texas Gallery Improvements 0.00 14500 Land 392,430.00 14900 Accum Depreciation -175,767.61 Total 14000 Property & Equipment $ 2,762,531.52 14101 New Building 0.00 14101.1 Building Improvements 0.00 14102 Credit to Building Cost 0.00 16000 Construction in Progress 0.00 Total Fixed Assets $ 2,762,531.52 Other Assets 18000 Investments/Endowments 0.00 18010 Wells Fargo Investment 0.00 18020 Wells Fargo *6913CD 138,530.00 18030 Amarillo National Bank *6476CD 230,000.00 Total 18000 Investments/Endowments $ 368,530.00 18600 Other Assets 0.00 18700 Security Deposits Asset 0.00 18800 Promise to Give - COCS 0.00 Total Other Assets $ 368,530.00 TOTAL ASSETS $ 3,570,647.08 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 20000 Accounts Payable 43,833.70 20100 Grants Payable 0.00 Total Accounts Payable $ 43,833.70 Credit Cards 21000 Wells Fargo Business Card - Boegner 3,161.44 Total Credit Cards $ 3,161.44 Other Current Liabilities 22000 PPP Loan 0.00 23000 Payroll Liabilities 0.00 23100 Federal Tax Payable 2,434.50 23200 Texas Unemployment Payable 289.85 23300 Simple IRA Payable 2,265.28 23400 Blue Cross Blue Shield Payable 0.00 23500 Guardian Insurance Payable 45.45 23600 HSA Payable 0.00 23700 Accrued Compensated Absences 4,029.94 23800 Direct Deposit Liabilities 0.00 Page 39 of 512 Total The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 Total 23000 Payroll Liabilities $ 9,065.02 25000 Deferred Income 0.14 25100 Unearned or Deferred Revenue 0.00 26000 Accrued Expenses 0.00 26100 Deferred Membership Dues 0.00 26200 Due to COCS- Reimbursements 0.00 26300 Due to COB - Reimbursements 0.00 28000 Sales Tax Payable 0.00 28100 Sales Tax Payable - Current 63.82 Total 28000 Sales Tax Payable $ 63.82 Direct Deposit Payable 0.00 Out Of Scope Agency Payable 0.00 Sales Tax Agency Payable (do not use)0.00 Sales Tax Payable (do not use)0.00 Square Sales Tax Payable (do not use)0.00 State Comptroller Payable (do not use)0.00 Total Other Current Liabilities $ 9,128.98 Total Current Liabilities $ 56,124.12 Long-Term Liabilities 29100 Note payable to Citibank 0.00 29200 Notes Payable 0.00 29300 NP - Vera Bank 655,587.98 29900 Northgate Sculpture Fund 63,750.00 Total Long-Term Liabilities $ 719,337.98 Total Liabilities $ 775,462.10 Equity 30000 Opening Bal Equity 0.00 31000 Net Assets - Donor Restricted 756,750.00 32000 Unrestricted Net Assets 2,035,462.02 Net Revenue 2,972.96 Total Equity $ 2,795,184.98 TOTAL LIABILITIES AND EQUITY $ 3,570,647.08 Thursday, Sep 07, 2023 01:25:05 PM GMT-7 - Accrual Basis Page 40 of 512 Actual Budget Revenue 43000 Contributed Income 14,764.49 110,000.00 43100 Membership Dues 43120 Affliates Membership 4,450.00 3,666.63 43130 Business Membership 100.00 4,125.00 43140 BV Collective Membership 750.00 733.37 43150 Individual Membership 7,475.00 15,253.37 43160 Artist and Hotels Membership 50.00 733.37 Total 43100 Membership Dues $ 12,825.00 $ 24,511.74 43200 Fundraising Events 43240 Celebrate the Arts 29,375.00 133,466.63 43245 Celebrate the Arts Scholarship 575.00 14,300.00 Total 43240 Celebrate the Arts $ 29,950.00 $ 147,766.63 43250 Boots & BBQ 15,231.50 15,583.37 43260 Empty Bowls, Jr.10,627.67 12,393.37 43270 Stories at the Gallery 21,737.00 Total 43200 Fundraising Events $ 77,546.17 $ 175,743.37 43300 Government Grants 20,000.00 43310 Brazos County 10,000.00 9,166.63 43320 Bryan HOT 139,725.00 102,465.00 43325 Bryan HOT Reimbursements 9,165.00 916.63 Total 43320 Bryan HOT $ 148,890.00 $ 103,381.63 43330 College Station 32,083.26 32,083.37 43340 College Station HOT 497,858.37 466,583.37 43345 College Station HOT Reimbursements 5,636.02 916.63 Total 43340 College Station HOT $ 503,494.39 $ 467,500.00 43350 Navasota HOT 28,800.00 26,400.00 43355 Navasota HOT Reimbursements 916.63 Total 43350 Navasota HOT $ 28,800.00 $ 27,316.63 43360 TCA 43370 TCA Revenue 7,450.00 18,333.37 Total 43360 TCA $ 7,450.00 $ 18,333.37 Total 43300 Government Grants $ 750,717.65 $ 657,781.63 43400 Foundation & Trust Grants 4,583.37 Total 43000 Contributed Income $ 855,853.31 $ 972,620.11 44000 Program Service Revenue 44100 Artist Call for Entry 1,938.60 1,558.37 44200 Camps & Workshops 44210 Adult Workshops 1,300.00 1,008.37 44220 Children Camps 20,558.00 5,848.37 Total 44200 Camps & Workshops $ 21,858.00 $ 6,856.74 44300 Classes 49.00 Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 Page 41 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 44310 Adult Classes 450.00 588.50 44320 Children Classes 980.87 Total 44300 Classes $ 499.00 $ 1,569.37 44400 Community Events 2,370.34 3,025.00 44500 Red Wasp 1,833.37 44600 Special Exhibits 27,500.00 Total 44000 Program Service Revenue $ 26,665.94 $ 42,342.85 45000 Art & Merchandise Sales 19,585.93 7,333.37 46000 Other Revenue 46200 Investments 12,209.75 1,833.37 46300 Rentals 10,418.20 16,041.63 46400 Miscellaneous Revenue 381.70 45.87 46420 Interest Income 341.99 Total 46400 Miscellaneous Revenue $ 723.69 $ 45.87 Total 46000 Other Revenue $ 23,351.64 $ 17,920.87 Discounts given -111.60 Sales of Product Income 44.40 Total Revenue $ 925,389.62 $ 1,040,217.20 Gross Profit $ 925,389.62 $ 1,040,217.20 Expenditures 60000 Grants & Scholarships 60100 Grants 60110 Bryan College Station Grants 385,931.00 395,340.00 60120 Navasota Grants 23,300.00 21,358.37 60130 Rural Grants 8,000.00 7,333.37 60140 Returned Grants 14,801.02 2,750.00 Total 60100 Grants $ 432,032.02 $ 426,781.74 60200 Scholarships 16,000.00 13,750.00 Total 60000 Grants & Scholarships $ 448,032.02 $ 440,531.74 61000 Salaries and Related Expenses 61100 Salaries & Wages 134,812.61 194,518.83 61200 Employer IRA Contributions 2,581.08 5,835.61 61300 Employee Benefits-Other 180.00 706.20 61400 Payroll taxes & fees 12,463.21 14,880.69 61600 Employer Health Ins. Contribution 5,387.68 14,850.00 61700 Leased Employees 25,317.70 Total 61000 Salaries and Related Expenses $ 180,742.28 $ 230,791.33 62000 Fees for Services 62100 Accounting Fees 21,900.00 21,413.37 62200 Contractor Fee 458.37 62300 Legal and Professional Fees 16,043.34 3,208.37 62400 Marketing Intern & Work Study 9,778.68 10,083.37 Page 42 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 62500 Program Intern & Work Study 1,500.00 1,375.00 Total 62000 Fees for Services $ 49,222.02 $ 36,538.48 63000 Advertising, Printing, Promo.2,075.11 63100 HOT Advertising 17,879.70 32,541.63 63200 Local Advertising 12,243.91 22,916.63 63300 Affiliate Advertising 11,367.00 Total 63000 Advertising, Printing, Promo. $ 43,565.72 $ 55,458.26 64000 Programs 64010 ART for Life 12,300.32 14,208.37 64020 Artist Connect 3,036.90 7,333.37 64030 Artist in Residence 1,619.16 6,531.25 64040 Camps & Workshops 64041 Adult Workshop Expense 619.06 100.87 64042 Children Camp Expense 9,012.61 5,041.63 Total 64040 Camps & Workshops $ 9,631.67 $ 5,142.50 64050 Classes 64051 Adult Class Expense 579.97 504.13 64052 Children Class Expense 160.00 1,008.37 Total 64050 Classes $ 739.97 $ 1,512.50 64060 Community Events 1,007.65 366.63 64070 Gallery 4,873.53 6,050.00 64080 Public Art 18,144.58 30,250.00 64090 Red Wasp 1,833.37 64110 Special Exhibits 27,500.00 64130 Programs-Other 107.64 1,375.00 Total 64000 Programs $ 51,461.42 $ 102,102.99 65000 Fundraising 65100 Boots & BBQ 5,704.89 4,583.37 65200 Celebrate the Arts 2,645.67 45,833.37 65300 Empty Bowls, Jr.6,086.39 6,875.00 65400 Fundraising - Other 6,875.00 65500 Stories at the Gallery 19,406.32 Total 65000 Fundraising $ 33,843.27 $ 64,166.74 66000 Office Expenses 2,323.90 2,750.00 66100 Information Technology 3,818.00 4,858.37 66200 Postage, Mailing Service 315.00 1,100.00 Total 66000 Office Expenses $ 6,456.90 $ 8,708.37 68000 Occupancy 68200 Facilities & Equipment Rental 2,142.94 2,016.63 68300 Insurance 13,939.00 14,419.13 68400 Janitorial 5,600.00 10,890.00 68500 Mortgage Expense 25,517.34 25,666.63 Page 43 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 68600 Pest Control 340.00 504.13 68700 Repairs & Maintenance 7,116.09 6,966.63 68800 Security 786.50 916.63 68900 Utilities 21,806.63 20,166.63 Total 68000 Occupancy $ 77,248.50 $ 81,546.41 69000 Mileage 23.18 69100 Travel & In-Region Mileage 3,074.63 2,383.37 Total 69000 Mileage $ 3,097.81 $ 2,383.37 80000 Other expenses 80010 Artist Commission 16,390.42 5,500.00 80020 Bank Charges 1,549.47 641.63 80025 PayPal Fees 720.86 80026 Venmo Fees 3.41 Total 80020 Bank Charges $ 2,273.74 $ 641.63 80040 Donor Development 877.59 4,583.37 80050 Investment Losses 1,443.75 80070 Memberships & Dues 1,594.52 1,443.75 80080 Training & Development 7,858.52 3,093.75 80100 Other Costs 916.63 Total 80000 Other expenses $ 28,994.79 $ 17,622.88 Reimbursed Expenses 0.00 Uncategorized Expense 6.50 Total Expenditures $ 922,671.23 $ 1,039,850.57 Net Operating Revenue $ 2,718.39 $ 366.63 Other Expenditures 90000 Ask My Accountant 506.63 Prior Period Adjustment -761.20 Total 90000 Ask My Accountant -$ 254.57 $ 0.00 Balancing Adjustments 0.00 Total Other Expenditures -$ 254.57 $ 0.00 Net Other Revenue $ 254.57 $ 0.00 Net Revenue $ 2,972.96 $ 366.63 Thursday, Sep 07, 2023 01:25:48 PM GMT-7 - Accrual Basis Page 44 of 512 EXHIBIT B Narrative Summary of Activity Report Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 13 Page 45 of 512 FY23 Activity Overview Our focus for the current and upcoming fiscal year,is continuing to fulfill our mission:to make the arts accessible to all residents and visitors of the Brazos Valley.In the current fiscal year,the Arts Council focused on private fundraising efforts,including continuing an extremely successful capital campaign which we have now focused on to develop a plan to build a growing endowment to support our new facility and the operations within.Our facility contains a two-tier fully-accessible mezzanine gallery,three active artist studios,classroom and meeting space,a visitor center,and Arts Council administrative offices.We will continue to fundraise aggressively and to grow and improve fundraising projects,events,and programs,including Empty Bowls,Jr.,Boots &BBQ,all membership programs,the College Arts Scholarship Program, private donor cultivation,public art,grant writing,and Celebrating the Arts.A well-rounded education is key to building a 21st-century workforce -students who participate in the arts are better prepared to succeed in their careers and contribute to the Texas economy.1 In addition, we are working to maintain our impact through our at-risk youth programs in the current year, including Artist Connect,Empty Bowls,Jr.,and Art Reaching Teens for Life.Through Artist Connect,we look forward to conducting at least nine high-impact workshops in Title-1 schools through providing free,innovative,in-classroom arts programming.Through Empty Bowls,Jr., over 20 schools from across the Brazos Valley created over 1000 bowls and helped The Arts Council raise around $11,000 for much-needed grant support for in-school food pantries in our region.Furthermore,we offer summer camps and classes to kids aged 6-17 that provide an opportunity for supplemental artistic education.In addition are a variety of art classes for adults.Youth classes focus on the basics of artistic instruction and historical art trends,allowing kids to explore new techniques and media.Whereas classes for adults are more advanced and focus more on developing their skills as an artist or aspiring artists. The Arts Council created Stories at the Gallery in May 2022.The event hosts published authors and serves as an intimate gathering where the community can engage in book readings,author testimonials,and signings.The first Stories at the Gallery hosted author Jim Olson,a former CIA Chief of Counterintelligence.Mr.Olsen described his undercover career in the CIA;Mr.Olson took the audience on a journey telling of an espionage operation he and his wife carried out in Moscow during the height of the Cold War.In response to the event's success,The Art Council hosted Stories at the Gallery again in November with author Jean Becker.Jean Becker was chief of staff for George H.W.Bush for over 20 years.Her books,Pearls of Wisdom and The Man I Knew,were both New York Times best-sellers.Our third event featured Conor Knighton,the 1 (n.d.). State of the Arts Report - Texas Cultural Trust. Retrieved March 17, 2023, from https://txculturaltrust.org/what-we-do/artcan/sotar/ 2 Page 46 of 512 author of New York Times bestseller Leave Only Footprints:My Acadia-to-Zion Journey Through Every National Park.As a correspondent for CBS Sunday Morning,America's #1 Sunday news morning program,Knighton has covered stories from across the globe.Knighton also recently won his fourth Daytime Emmy as part of the Sunday Morning team and has won a Los Angeles Area Emmy and Los Angeles Press Club Award for his work on KCET's SoCal Connected. We will continue with Stories at the Gallery in FY 23 and beyond.Following the success of this event,we are planning a brunch fundraiser for professional artists to connect with and inspire millennials and generation z to the world of arts and culture,which will help us to engage with younger generations. We also continue to focus on our advocacy and funding role for the arts in the Brazos Valley. Many of our affiliates have not fully recovered from the significant impacts of COVID-19.In that, we have found that the arts affiliates that had to cancel,reschedule,or limit events and facility openings to maintain safety in our community but are recovering to reach full compacity.Grant funds are crucial in maintaining programming and marketing efforts and continuing building the arts community in the Brazos Valley.A strong arts community will motivate visitors to stay in the area longer, which will help continue to rebuild our economy. The following is an overview of program and administrative activities conducted by the Arts Council this fiscal year since October 2022. Arts Council Programs The Arts Council supports and enhances our community’s art,culture,and heritage efforts. Programs include the Galleries &Visitor Center operations,funding opportunities,artistic learning opportunities,affiliate support and arts marketing,and community involvement and outreach. Milestones and activities achieved through our programs are listed below. Arts Council Galleries & Visitor Center: As an arts destination and the hub of information about the region’s arts activities,The Arts Council’s Galleries and Arts Visitor Center is a critical service for the public and many Arts Council affiliate organizations.Gallery spaces and artist studios operated by The Arts Council facilitate public interaction with the arts and provide the residents and visitors of the Brazos Valley with the opportunity to see fantastic works of art by contemporary artists from around the state and beyond.The Arts Council’s facilities serve as an arts and culture visitors’center and provides the public with information about the many arts organizations and happenings in the area.It also provides affiliates a space to meet,work,or host events vital to fulfilling their 3 Page 47 of 512 missions.Many affiliate groups use the classroom and other visitors as a space to meet,learn and create new work together. Group Facility Use:The Arts Council’s building and galleries hosts meetings for more than 20 affiliate groups per month,averaging roughly 450 visitors and program participants each month. In order to broaden our reach and be more accessible,The Arts Council and its affiliates have continued the use of our virtual meeting methods and program opportunities.The Arts Council had more than 1600 visitors and program participants this quarter.We expect visitation and meeting levels to return to normal (around 26 meetings per month)as the public health situation improves. 4180 and Bradfield Galleries:Our two-tiered mezzanine gallery space will feature a total of 10 planned exhibitions for FY23,including:the Hailey Herrera,Nikki Smith,and Patsy Supak The Colors of Nature and Music Exhibit;Staff Pick Series featuring Lynette Davila,Jenn Korolenko, Clayton Bever and,Crista Calvillo;Birds of Texas by Betsy Denny;Art We Love by Visual Art Society;samples of artwork by Maggie Walker Nelson;Exploring Textures and Colors by Monika Pate;Mack Bradford’s Memories,Friends and 8x10's;Cowboys by Texas artists group Western Artists Roundup;shows from our College Station and Bryan Artists in Residence;School Teacher Exhibit featuring local school teachers;and Refrigerator Art which features work by artists in Summer Camps at the Arts Council.We will continue our community galleries and expect to host 6 new artists through our residency programs and provide them with exhibit space and professional development opportunities. Community Galleries at Large:6 galleries,each with 2-3 exhibits for FY23.Gallery spaces are located at the City of College Station (on hold due to new City Hall),the City of Bryan,the City of Navasota,the Brazos Valley Council of Governments,Brazos Valley Plastic Surgery,and Century 21. An estimated 200 new pieces will be on display throughout the year. Funding Programs A longstanding role of the Arts Council has been to evaluate and administrate arts,culture,and heritage grant proposals,many of which originate from arts organizations in College Station. This vital role will continue to be a priority in addition to The Arts Council’s focus on elevating the profile of the arts in the Brazos Valley,making more funding available for the arts,attracting more visitors to the Brazos Valley,and increasing the impact of the arts in the Brazos Valley as we approach full recovery from COVID-19.High priorities include marketing and professional development of local arts organizations and increased public art to accomplish this.Today, public art is valued for its cultural significance as well as its contribution to the local economy - public art encourages tourism and provides a focal point for a community,both of which are 4 Page 48 of 512 strong economic boosters.2 The Arts Council operates four funding programs:three granting programs to nonprofit arts organizations and a scholarship program for high school seniors. The largest of the programs is the Annual Marketing &Program Grant,which is funded through the City of College Station and the City of Bryan hotel occupancy tax (HOT)funds.Funding for this program supports projects only in Bryan and College Station.In FY23,due to the City of Bryan not giving the same percentage of HOT funds as the City of College Station,we divided funds into the two cities instead of combining them.Therefore,the funds from the City of College Station went to College Station affiliates and/or events happening in the City of College Station.In FY18,The Arts Council implemented a Multi-Year Grant program for the Bryan/College Station Annual Grants to get our highest performing affiliates on a 3-year grant application and award cycle.2019 was the last year of the initial cycle,and 7 affiliates were participating.Unfortunately,we suspended the multi-year grant program until hotel occupancy tax funds return to normal collections after the COVID-19-related economic downturn.We look forward to continuing this Multi-Year Grant program within the next two years.The Navasota Annual Marketing &Program Grant provides hotel occupancy tax funds collected by the City of Navasota to nonprofit arts organizations operating in Navasota’s extraterritorial jurisdiction. The Rural Grant program is funded by The Arts Council and provides small,program-based grants to nonprofit organizations operating in the six rural counties of the Brazos Valley.We expect to complete the awarding process for our rural grants in April. For FY23,The Arts Council received 16 funding requests exceeding $619,000 from Brazos Valley nonprofit arts,culture,and heritage organizations.Through the generous support for the arts shown by Bryan,College Station,Navasota,and private donors,we were able to fund approximately $417,231 thus far.In FY2024,we aim to award $483,630 in grant funding to arts, culture,and heritage organizations operating and providing artistic programs in the Brazos Valley.This funding will be crucial for sustaining not only the arts industry but also catalyzing positive growth for our local economy through ensuring that these organizations continue to provide their services to our local communities and our visitors.The arts will continue being instrumental in restoring and reviving the hotel and tourism industry in the Brazos Valley as travel restrictions are reduced.Texas will encourage visitors to travel within the state,allowing more people to experience the Brazos Valley for multiple days. 2 (2022, August 17). American Artists And The Role Of Public Art In Economic Development. Retrieved March 17, 2023, from https://www.midamericaedc.org/news/p/item/45180/american-artists-and-the-role-of-public-art-in-economic-develo pment 5 Page 49 of 512 Funded programs for FY24 are projected to directly impact an estimated 495,000 people,a third of which we expect will travel to Bryan/College Station from outside of the Brazos Valley. Affiliate arts,culture,and heritage organizations funded through the Arts Council’s granting programs have already reported 2,502 room nights in the Brazos Valley in Q1.Arts attendees also spend $31.47 per person,per event,beyond the cost of admission.3 For our FY23 grant process, we asked our affiliates the following questions: I.What is the estimated number of hotel nights your programs will generate for FY23? Total: 9,907 II.How many people do you estimate will be directly impacted through your programs in FY23?Total: 407,289 III.What is the estimated number of restaurant meals your programs will generate for FY23?Total: 26,300 (Note: The Bush Library is not included in this estimate.) As our affiliates are still experiencing program obstacles,we expect these numbers to increase significantly in FY24 following improvements in the public health situation.Having the City of College Station as a partner makes it possible to serve the many residents and visitors of the Brazos Valley.The Arts Council will continue working with our collective of nonprofit affiliates to increase the positive impact on the local economy while creating a sustainable arts sector in our community. Additionally,through private fundraising,The Arts Council provides over $15,000 in scholarships to graduating high school seniors each year.These scholarships go to talented artists who have graduated from a high school in the Brazos Valley and are planning to pursue a degree program focused on arts, culture, or heritage at an accredited college or university. 3 (n.d.). Arts & Economic Prosperity 6 | Americans for the Arts. Retrieved March 17, 2023, from https://www.americansforthearts.org/by-program/reports-and-data/research-studies-publications/arts-economic-pros perity-6 6 Page 50 of 512 EXHIBIT C Performance Measures Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 14 Page 51 of 512 APRIL -JUNE 2023 QUARTERLY REPORT NARRATIVE CITY OF COLLEGE STATION FUNDING Page 52 of 512 THE ARTS COUNCIL PROGRAMS Arts Council &Visitor Center Operations The Arts Council &Visitor Center is the hub of the arts,culture,and heritage community in our region.It is home to a unique two-tier mezzanine gallery and three working studios, providing exhibit and retail space for works of art created by local artists and artists throughout Texas.On average,The Arts Council’s offices and galleries host more than 25 affiliate meetings per quarter, averaging roughly 250 visitors and program participants each month.In order to broaden our reach and be more accessible,the Arts Council and its affiliates have continued utilizing virtual meeting methods and program opportunities.The Arts Council averaged 1200 visitors and program participants this quarter. During the Third Quarter,the galleries hosted multiple exhibits: During the third quarter,the Arts Council welcomed artist Maggie Walker Nelson and her exhibits West (Of Eden)-Strange Beautiful Plants in the 4180 Gallery and Bradfield Gallery of Fine Art,respectively. Walker-Nelson’s exhibitions will be displayed at the Arts Council from June 6th to August 5th.Her opening reception and ribbon cutting took place at the Arts Council on July 7th,where members of the BCS Chamber of Commerce and the community were invited to meet the artist,enjoy hors d’oeuvres,and view the artwork.Walker-Nelson is a working artist specializing in painting and illustration.With over fifteen years of professional art and teaching experience,she is highly adept in a number of styles.At the heart of her work, Walker-Nelson is a master at transforming images and objects of ordinary life into reflections about our complex relationships between ourselves and the mundane. Page 53 of 512 The Arts Council also welcomed A Window to My Travels,an exhibit by artist Mary Claire Moloney,in the Lobby Gallery on June 6th.Moloney shared an opening reception and ribbon cutting with Walker-Nelson on July 7th.Moloney’s exhibition will be displayed at the Arts Council until August 5th, 2023.From Moloney’s artist statement:“My art is a reflection of my travels.I want you to feel,if only for a moment,that you are with me in my adventures. Gouache is my current medium of choice,and I am equally comfortable working in oils and pastels.My main influences are Claude Monet,Vincent Van Gogh,and particularly James Whistler’s paintings of Venice,Italy.I am a keen reader of their biographies and exploring the places where they lived and were inspired by.” During the third quarter,the gallery completed hosting Exploring Textures and Colors by Monika Pate in the 4180 Gallery,which was on display from February 25th to May 27th.Her exhibit had an opening reception and ribbon cutting on April 4th,2023.Members of the Chamber and the community were invited to come to the gallery to meet the artist,enjoy hors d’oeuvres,and view the artwork.Monika Pate was born and raised in Warsaw, Poland,and has a Master’s Degree from Warsaw University.Monika works with transparent watercolor and is a signature member of the American Watercolor Society,National Watercolor Society,Transparent Watercolor Society of America, Watercolor Art Society -Houston (Elite Member),Texas Watercolor Society (Purple Sage Status),Louisiana Watercolor Society,Missouri Watercolor Society,and Iowa Watercolor Society.She is also a juried member of the International Guild of Realism. Her artwork is included in private and corporate collections in the US,Poland,the UK, and Germany. We also completed featuring Memories,Friends & 8x10’s by Mack Bradford in the Bradfield Gallery of Fine Art in the Third Quarter.His exhibit shared an opening reception and ribbon cutting on April 4th,2023,with Monika Pate.Mack Bradford grew up in Robinson, Texas,and has been a photographer for the past 45 years.As a former rider himself,he captures moments in Page 54 of 512 rodeo that easily translate the art and skill of the sport to all.He was the 2021 CPRA Photographer of the Year and was the designated Photographer for THSRA Region IX, the YRA Finals,and the TYRA Finals.He has been published in Rodeo Times,Cowboy Times,Cowboy Sports News,Collegiate Arena,and Rodeo Sports Journal.Mack was also the head coach for the Texas A&M Rodeo Team from 1982-1987.Soon after completing his exhibition at the Arts Council,Mack was inducted into the Central Texas Rodeo Hall of Fame and will be recognized during their induction ceremony on November 18th,2023. We recorded virtual tours of our previous gallery shows to provide remote options for visitors to view and enjoy art online.People can experience shows after they have ended, entire classrooms can take a virtual trip to our gallery to learn how and why an artist created this exhibit,and art lovers from all over the world can listen in while the artist tours the exhibit.The virtual tours are hosted on our YouTube channel and shared on our website and social media pages. Since June 5th,the Arts Council has been hosting week Summer Art Camp Classes that will continue into Q4 and end July 28th.In total,this year’s summer camp program comprised 16 classes for children of ages 6-18 to participate in.The classes covered various art forms,practices,and techniques,with themes ranging from fiber arts to dance.This year’s summer camps had a total of 135 registrations thus far.The Arts Council is pleased to have completed another successful round of Summer Art Camp classes. From June to July,the Arts Council hosted the A.R.T for Life program with J Muzacz at the Arts Council facility.The juvenile teens began working together to create murals on four exterior columns located in the entryway of the Arts Council’s Offices and Classroom facility.This public art piece will be displayed for everyone to enjoy at the Arts Council facility.The Arts Council also hosted the A.R.T for Life Mic Check Program with Leanita Anderson at the Juvenile Detention Center Academy in July.Eight students participated in the program this year-the teens were taught how to journal and write poems individually and as a team.During the fourth quarter,the Arts Council attended the Mic Check final reception at the Brazos County Juvenile Detention Services Center Academy,where their poems were read.The final reception for the Art Program group was held at the Arts Council facility,where the completed columns were revealed. To date,approximately 83%of all A.R.T.for Life participants have not returned to jail since our first contact with them.This is a testament to the overall effectiveness of the monumental and important impact the arts have on the lives of the youth in the Brazos Valley. Page 55 of 512 Funding Opportunities Perhaps the longest-standing means of support to the regional artistic community,The Arts Council funds programs,projects,and education through its funding programs below. ●Annual Program and Marketing Grants support affiliate organization projects that significantly promote arts,culture,and heritage in the Brazos Valley through hotel/motel taxes from the City of College Station and the City of Bryan.The Arts Council distributed $99,009.00 in Annual Program and Marketing grant funding to its affiliates in the third quarter of FY23.The following affiliates are recipients of funding of Annual Program and Marketing grants for FY23:Ballet Brazos, Brazos Valley Chorale,Brazos Valley Museum of Natural History,Brazos Valley Symphony Society,Brazos Valley Friends of Chamber Music,George Bush Presidential Library and Museum,MSC OPAS,Museum of the American G.I., and The Theatre Company of Bryan/College Station. ●The Arts Council distributed $3,112.00 in Navasota Annual Program and Marketing funding during the third quarter.Grimes County Chamber of Commerce,Navasota Theatre Alliance,and Washington on the Brazos Historical Foundation are the recipients of Navasota Annual Program and Marketing funds in FY23. ●Rural Grants assists Arts Council affiliates operating in the rural portions of the Brazos Valley with program needs up to $2,500.The Arts Council provides funding for this program.The Arts Council opened applications for local nonprofits for this funding opportunity in January 2023 and distributed awards in May 2023.A total of $8,000 was distributed to Brenham Children's Chorus, Navasota Theatre Alliance,Troupe Over the Hill,Unity Theatre,and Washington on the Brazos Historical Foundation. ●The Funds raised from Empty Bowls Jr.that occurred in the first quarter were distributed during this quarter.We distributed $5,338.84 to School Pantries that applied for grant funds:Oakwood Intermediate School Food Pantry (College Station ISD),Pecan Trail Intermediate School Food Pantry (College Station ISD), A&M Consolidated High School Food Pantry,and Project Hope (serving Bryan ISD). ●The Arts Council offers an annual scholarship program for seniors graduating from high school in the seven-county Brazos Valley region.These seniors must plan to attend an accredited 2-or 4-year university to study a degree plan in arts, culture,or heritage.The scholarship committee meets in the third quarter to review the application.It will select winners for Netta Jackson Simek Emerging Artist Scholarship,James Bradfield Fine Arts Scholarship,and College Arts Scholarship to be presented to the board for approval.The Arts Council awarded Page 56 of 512 and distributed four scholarships this quarter,all of whom will start college in the Fall of 2023.The Netta Jackson Simek Emerging Artist Scholarship was awarded to Bryan High School student Jazmin Bazan,who is majoring in Visualization at Texas A&M University.The James Bradfield Fine Arts Scholarship was awarded to A&M Consolidated High School student Andrew Vorse Lede,who is majoring in Jazz -Piano studies at Loyola University in New Orleans,LA.The College Arts Scholarship was awarded to two students this year:Rudder High School student Richard Badillo Jr.who is majoring in Music Studies at Blinn College Brenham, and Franklin High School student Zoe May who is majoring in Art Education at the University of Texas at Tyler. Page 57 of 512 The following is a detailed chart of the impact this funding has in the community as provided by individual affiliates in their quarterly reports. AFFILIATE GRANT RECIPIENT FY 2023 Q3 Grant Distributions Persons Impacted by Programs Projected Restaurant Impact (meals) Hotel Impact (room nights) PROGRAMS/ MARKETING FUNDED Ballet Brazos $0 0 0 0 No programs/marketing funded this quarter Brazos Valley Chorale $4,250 0 0 0 Marketing Only Brazos Valley Symphony Society $25,564 975 318 41 Marketing and Concerts -The Texas Tenors Friends of Chamber Music $4,000 207 75 4 Monteverdi Madrigali Guerrieri et Amorosi George Bush Presidential Library and Museum $30,000 33007 0 1851 General marketing for the museum and its exhibits &events MSC OPAS $11,000 0 0 0 Marketing Only Museum of the American G.I.$8,000 2384 1075 325 We Served Too and Marketing Totals $82,814 36573 1468 2221 Page 58 of 512 Artistic Learning Opportunities ●Our two studio artists,Chris Wilson and Coleen Bradfield,continue their studio operations.Their studio spaces are open to the public when the artists are present, and the artists are encouraged to engage with the visiting public and discuss their art. ●In Q3,the Arts Council hosted and completed another successful round of Summer Art Camp classes.This year,16 different classes were offered to students in the area ranging in age from 6 to 18 years old.More than 135 students were able to participate in the program acquiring new skills in a variety of art-related areas of practice.The classes covered various art forms,practices,and techniques,with themes ranging from fiber arts to dance and several others.Through these camps,7 local art teachers were able to provide hands-on,small class-size instruction to local youth interested in expanding their knowledge about the arts while gaining access to more opportunities to support themselves through the arts over the summer term. Camp surveys showed a positive reception of the program. ●The Arts Council partnered with affiliate organizations and artists to present our Artists Connect program.This program brings professional artists directly into the classrooms in Title-1 schools with the goal of introducing children in under-served areas to the arts.This was planned in Q2,and the following workshops were conducted in Q3:In April,a representative from Unity Theatre put on a theater workshop at Jones Elementary in Bryan.Also in April,professional actor,dancer,& choreographer Mariah Cooper hosted a dance &musical theater workshop at International Leadership of Texas Middle School in College Station.In May,Kelsey Boe taught the skill of cartooning and anime to Davila Middle School and Crockett Elementary School in Bryan,and The Stephen F.Austin Middle School Bronco Belles &the Davila Lady Tex-Ann Ensemble hosted Dominick Oliver,a current principal dancer for Ballet Brazos,for a dance &leadership workshop in Bryan.All artists worked closely with art teachers to align workshops and lessons with fine arts TEK standards for their grade levels. ●Our A.R.T.for Life programming,in which youth in juvenile detention services get opportunities to express themselves creatively and decrease their recidivism rates, began in June and ended in July.The program hosted a painting group and a poetry group.The Arts Council hosted the A.R.T.for Life painting program with muralist J Muzacz at the Arts Council of Brazos Valley.The Juvenile teens worked together to paint 4 columns in front of the classrooms &offices entrance of the Arts Council facility.The A.R.T.for Life poetry program,or Mic Check,was led by artist and poet Leanetta Avery and was hosted by Brazos County Juvenile Detention Services at their Juvenile Detention Center Academy.The teens were taught to journal and write poems individually and as a team,harnessing the power of writing for emotional and creative growth.The A.R.T for Life program provides a positive outlet for creative energy and enables youth to uncover the power,strength,and wisdom that exists within themselves.During the fourth quarter,the Arts Council will host its annual Art for Life reception for the painting and poetry program. ●In Q3,the Arts Council hosted an open call for the College Station Workspace Artist in Residence,Bryan Artist in Residence,and Navasota Artist in Residence programs. Page 59 of 512 The application process has begun,and interviews will be conducted in the fourth quarter to determine the next artists for these programs. ●The Arts Council’s Navasota Artists in Residence,Sarah Gomez,began her residency in Q3.Sarah is an oil paint artist from Dallas,Texas.She graduated from the University of Texas at Austin in May of 2021 with a Bachelor of Fine Art in Studio Art.Sarah’s work has been shown in group exhibitions with the 500x in Dallas,TX; Shockboxx Gallery in Hermosa Beach,California;and the McMurray Gallery in Austin,TX. ●The Arts Council welcomed Monika Pate as the College Station Artist in Residence last year.She also has a studio space located at the Arts Council and is open to the public when she is present.She is encouraged to engage with the visiting public in her studio and discuss her art.Monika recorded a virtual tour of her exhibit Exploring Textures and Colors that the Arts Council provided online for virtual audiences to enjoy.Monika’s exhibit concluded on May 27th,2023. ●The Arts Council selected talented sculpturist Amanda Sisk as the Bryan Artist in Residence last year.She’s got to experience First Fridays in downtown Bryan and will participate in First Fridays throughout the rest of her residency.She will teach Intro to Sculpture Relief as an adult art class at the Arts Council every Saturday from July 8 -August 5,2023.Amanda also taught a Relief Sculpture Workshop for the Diocesan Summer Music Camp at Saint Andrew’s Episcopal Church during Q3. Community Outreach The Arts Council operates community outreach efforts designed to create access to artistic opportunity.Efforts include marketing,support of affiliate organizations, art placement in public venues,and involvement in community events. Marketing ●Innumerable residents and visitors are served through regular marketing and outreach programs from mailings,advertisements,brochures,newspaper articles,television and radio spots/interviews,and our website,www.acbv.org. ●The Arts Council regularly and extensively promotes affiliate events,Arts Council programs,and local art events through social media and paid online and print advertising.Marketing efforts target a statewide audience and provide up-to-date information to residents and visitors.Additionally,Bryan Broadcasting,KBTX, and KAGS donate significant amounts of air time to run Arts Council Art Spots and interviews.Marketing efforts in the third quarter focused on gallery exhibits and openings,conducting promotional work for our Summer Camps,Gallery Openings,Artist in Residence Gallery Openings,and the Brazos Valley Museum Trail.Marketing efforts and planning also started for Celebrate the Arts,the Arts Council’s largest fundraising event. ●Postcards and mailings were sent out alongside considerable online marketing campaigns to promote Summer Camps,Artist in Residence opening reception, and opening receptions and galleries for West (Of Eden)-Strange Beautiful Page 60 of 512 Plants by M.Walker Nelson and A Window to My Travels by Mary Claire Moloney.This included press releases,email campaigns,social media posts,and website materials. ●The Quarterly Newsletter,Three Scoops of Art and Culture which was created for the artists and community of the Brazos Valley as a way to explore,experience, and share the local arts,has continued to give visitors and residents a way to plan their trips. ●The ACBVoice e-newsletter was sent to over 3,000 subscribers monthly during the third quarter.The newsletter promotes upcoming arts events in the Brazos Valley,in addition to providing updates on Arts Council programs and projects. ●Arts Council staff recorded regular interviews at the WTAW studios every other week during the third quarter.They were joined by the Arts Council affiliates: Brazos Valley Symphony Orchestra,B-CS Friends of the Library,Stage Center Theatre,Forsyth Galleries,and Brazos Valley Spinners &Weavers Guild. ●They were all able to use the opportunity to speak about their own organizations, programs,and activities.We also promoted all Arts Council events and programs that took place in Q3 and some we had planned for Q4. ●Art Spots are collected and distributed as public service announcements over social media and local media outlets.We have also focused on updating our arts calendar and sharing affiliate Art Spots on our website,newsletter,and social media. ●The Arts Council presented virtual content through our YouTube channel, Facebook page,and website.Virtual content included recordings of media interviews,recorded tours through the galleries,and interviews with each of the Artists in Residence.These events will continue through the rest of 2023 and into 2024. ●The Arts Council Executive Director attended the 2023 Center for Advancement &Study Early Texas Art (CASETA)Symposium &Texas Art Fair in San Antonio, TX,over the weekend of June 9-11.CASETA’s mission is to promote the preservation,study,and appreciation of Texas visual arts and history. ●During the week of June 19-23,2022,the Arts Council Executive Director attended a week-long intensive training program through the Travel and Tourism College.This program is a three-year certification program filled with an industry-leading curriculum of travel and tourism marketing,management,and leadership courses.The Texas Travel Alliance designed this program to allow Travel and Tourism professionals the opportunity to obtain their Certified Tourism Executive (CTE)certification at the completion of this three-year program. ●The Arts Council also worked to continue developing a new website in Q3 detailing all of our programs and events and providing an easy centralized place for community members to access information on the arts community. Support of Affiliate Organizations ●We support over 60 affiliated arts,culture,and heritage organizations across the Brazos Valley through funding,promotion,advocacy,and partnership-building programs.In addition,the Arts Council facilities are available for use free of Page 61 of 512 charge to all affiliates during regular business hours (Monday-Friday,9 am-5 pm, Saturday,1 pm-4 pm)and used by many of these groups monthly. ●The Arts Council continued to assist with organizing the Brazos Valley Museum Collective and the Brazos Valley Theatre Collective.Both groups meet regularly and work collaboratively on planning and promoting their shows and engaging in shared marketing endeavors. ●Due to our in-house public relations efforts,the Arts Council and our affiliates are regularly covered in Insite Brazos Valley Magazine,The Eagle,and on local news stations. ●During Q3,the Arts Council continued the professional development workshop program by hosting Effective Marketing &Branding,a workshop taught by Elease Hill of Insite Brazos Valley Magazine on May 25th at 5 pm in the Arts Council’s conference room.The Arts Council started planning the next workshop to take place in Q4:“Prepared for the media,”led by Scott DeLucia of The Infomaniacs at Bryan Broadcasting’s WTAW.With plans in the works for a HOT Funds workshop to follow at the end of the year.Past developments include providing free workshops to our affiliates on topics such as board development, sponsorship,government relations,governance,grant-writing assistance, relationship management,marketing,and event planning. Art in Public Places ●The Arts Council curates multiple Community Galleries at Large. Featuring 29 outdoor sculptures and over thirty art benches,the Public Art program is supported by local business partners and the cities of College Station and Bryan.This program aesthetically improves and fosters appreciation of the role of the arts in our community. ●One Gallery at Large inside the building of The Brazos Valley Council of Government hosted a show of artwork from the Arts Council’s personal collection. ●The Community Gallery-at-Large space at College Station City Hall re-opened to feature artwork by Benjamin Knox. The opening reception and ribbon cutting for the community exhibit happened on June 26th.Members of the BCS Chamber of Commerce,City of College Station City Hall staff,and of the community were all invited to meet the artist,enjoy refreshments,and witness the artwork and a live sketch demonstration from the artist. ●The City of Bryan gallery space continued to host a show of artwork by studio artist Coleen Bradfield. ●The Brazos Valley Plastic Surgery space continues to host a show of artwork by studio artist Coleen Bradfield. ●Century 21 is the Arts Council’s newest Community Gallery at Large.The space has been completed featuring work by Clayton Bever,and began hosting work from Coleen Bradfield in June. Page 62 of 512 ●Hand of God by local artist John Magee continues to attract crowds to the ArtFill installation site in Downtown Bryan. ●The Arts Council completed its pop-up gallery located at Lake Walk.This community gallery showcased local artists and served as a gallery where visitors were encouraged to purchase art from various artists from the surrounding area. The opening for the Lake Walk gallery took place during Q2 on February 23rd. Community Events ●On the weekend of May 5th,Arts Council staff,board,and volunteers participated in Messina Hof’s Spring Release Dinner and Auction as part of their annual Wine &Roses Festival.The Arts Council coordinated and was the benefit recipient of the silent auction held during the dinner.Arts Council volunteers helped with soliciting and administering the voting for the festival’s Wine Label Competition. This competition,organized annually by the Arts Council and Messina Hof,is open to artists statewide and provides cash prizes to the top three participants. The winning artwork,this year that of artist Neena Buxani,is used in the label for a future Messina Hof wine bottle. ●On April 14th,the Arts Council attended the Brazos Valley Hospitality Association’s Spring 2023 Luncheon at the Legends Event Center.During this luncheon,Dr.Brian King,TAMU Department Head &Professor of Hospitality, Hotel Management &Tourism,provided an overview and update on the new Hospitality,Hotel Management &Tourism program at TAMU that will begin in Fall 2023. ●The Arts Council arranged and attended City Council Scholarship Proclamations for three scholarship recipients in Q3.College Station Mayor John Nichols presented a scholarship proclamation during a College Station City Council meeting for the CISD student.Bryan Mayor Bobby Gutierrez gave the other two in the City of Byan’s Council chambers for the Bryan ISD students.The Arts Council plans to attend the August City of Franklin Council Meeting for the scholarship proclamation of the Franklin ISD student scholarship recipient. ●Working with the City of College Station,we also continued the College Station Artist in Residence program,featuring artist Monika Pate.beganMonika Pate her residency in Q4 of FY22 and will continue into the next quarter. ●Working with the City of Navasota,the Arts Council welcomed Sarah Gomez in Q3 as the Navasota Artist in Residence.Throughout her residency,Sarah has participated in multiple community events.Sarah unveiled her exhibit,Pink Blanket,at her opening reception and ribbon-cutting ceremony and was welcomed by the community and Navasota Grimes County Chamber of Commerce.Sarah participated in Navasota’s Freedom Festival,met with the garden club at the Horlock House,and interviewed multiple times with radio and tv stations. ●Working with the City of Bryan,we continued the Bryan Artist in Residence program with artist Amanda Sisk.In Q3,Amanda participated in First Friday in downtown Bryan,led a Relief Sculpture Workshop for the Diocesan Summer Music Camp at Saint Andrew’s Episcopal Church in Bryan,and prepared for her Page 63 of 512 adult art class workshop,titled Intro to Relief Sculpture,which will take place at the Arts Council every Saturday,July 8-August 5. ●The Arts Council partnered with Messina Hof in a call for entry for artists to submit their work in their annual wine label competition as part of the Wine & Roses Festival.A jury scores all submissions,and the top ten are then displayed at the annual event’s Spring Release Wine Dinner,which took place in Q3.There were a total of 101 ●Arts Council Executive Director continues to serve as ex-officio of the Brazos Valley Hospitality Association,member of the Intergovernmental Committee, advisor of the Texas A&M Academy of Visual and Performing Arts,guest of Brazos Valley Economic Development Corporation,and a board member of B-CS Sister Cities International Board.The Arts Council Executive Director serves as an ex-officio member of the Brazos Valley Hospitality Association Board. ●In Q3,planning began for the Arts Council’s annual Community Art Day event, which will be held in Q4 on August 5th,2023.This is a free event where members of the community are invited to the Arts Council to partake in various art projects -involving the usage of leftover summer camp supplies -refreshments,and sweet treats,exposure to Arts Council exhibits and programs,and overall community engagement.Through this program,the Arts Council aims for the community to immerse themselves in free,accessible art exercises to aid in artistic,mental,and emotional betterment. Page 64 of 512 EXHIBIT D Certificates of Insurance Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 15 Page 65 of 512 09/06/2023 Wm. Albert Miller Agency 220 E. Washington Avenue P. O. Drawer 31 Navasota TX 77868 (936) 825-6789 Markel Insurance Co Philadelphia Indemnity Insurance Co Arts Council Brazos Valley PO Box 10626 College Station TX 77842- Bert Miller bertmiller@milleragencyinc.com (936) 825-6790 X X PHPK2520214B 02/16/2023 02/16/2024 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 X X PHPK2520214B 02/16/2023 02/16/2024 1,000,000 MWC0045351-11A 02/16/2023 02/16/2024 X 1,000,000 1,000,000 1,000,000 Property PHPK2520214B 02/16/2023 02/16/2024 Business Property 100,000 Collections-others 150,000 Collections- ACBV 75,000 Certificate holder listed as additional insured and waiver of subrogation with regard to general liability and workers compensation coverages. GL coverage is primary & non-contributory and 30-day notice of cancellation applies. AI 002351 Att: Risk Management PO Box 9906 College Station TX 77842- City of College Station ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS 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 # 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 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 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE Page 66 of 512 October 12, 2023 Item No. 7.3. Funding Agreement - Arts Council Hotel Tax Fund Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY24 in the amount of $560,953. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for the Arts Council of the Brazos Valley from the Hotel Tax Fund in the amount of $560,953. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 General Fund. The full amount of $560,953 is to be used for affiliate funding, operations and maintenance, tourism marketing or public art portions of the Arts Council facility. Attachments: 1. 24300021 Arts Council HOT Page 67 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 68 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH ARTS COUNCIL OF BRAZOS VALLEY This Funding Agreement is made between the City of College Station, a Texas Home Rule Municipal Corporation (“City”), and the ARTS COUNCIL OF BRAZOS VALLEY, a Texas Non- Profit Corporation (“Agency”). WHEREAS, Texas Tax Code §§351.002 and 351.003(a) authorize City to levy by ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of College Station of seven percent (7%); and WHEREAS, Tax Code §351.101(a) authorizes and limits the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry; and WHEREAS, Agency is well equipped to perform those activities as referenced in Tax Code §351.101 (a); and WHEREAS, Tax Code §351.101(c) authorizes City to delegate by contract with Agency; as an independent entity, the management or supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Arts Council of Brazos Valley, a Texas Non-Profit Corporation to which the City has delegated the management or supervision of programs and activities funded with Hotel Tax Revenue. 1.2 City means the City of College Station, in the County of Brazos, and the State of Texas. 1.3 Contract Quarter refers to any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. Page 69 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 2 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service that are being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. 1.8 Event includes but is not limited to: any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. 1.9 Expenditure Report means a quarterly report listing the expenditures made by the Agency with Hotel Tax Revenue pursuant to Tax Code §§351.101 and 351.108. 1.10 Hotel Tax Revenue means the gross monies collected and received by City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Tax Code 351.003 (a) and City Ordinance. Hotel Tax Revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. ARTICLE II HOTEL TAX REVENUE PAYMENT 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of FIVE HUNDRED SIXTY THOUSAND NINE HUNDRED FIFTY-THREE DOLLARS AND NO/100 CENTS ($560,953.00) to be paid as follows: (a) The amount of SEVENTY-NINE THOUSAND THIRTY-THREE DOLLARS AND NO/100 CENTS ($79,033.00) shall be paid from the City’s Hotel Tax Revenue for the maintenance of the Art and Visitors Center. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. Payment will be made in eleven monthly installments of $6,586.08 and the twelfth payment will be $6,586.12. (b) The amount of ONE HUNDRED SIX THOUSAND NINE HUNDRED TWENTY DOLLARS AND NO/100 CENTS ($106,920.00) shall be paid from the City’s Hotel Tax Revenue for marketing and public art. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. Payment will be made in twelve monthly installments of $8,910.00. (c) The amount of THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/100 CENTS ( ($375,000.00) shall be paid from the City’s Page 70 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 3 Hotel Tax Revenue for affiliate funding. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. Payment will be made in four quarterly installments of $93,750.00. 2.2 Reports and Payments. Monthly Payments (with the exception of the first four (4) monthly installments hereunder) will be dependent upon the City receiving all reports required herein from the Agency no later than thirty (30) days after the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year). 2.3 Other limitations regarding consideration. (a) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of City. (b) City may withhold further payments and allocations if City determines Agency’s expenditures deviate from their approved budget subject to §4.1 or if the reports required herein are not submitted in a complete and timely manner. ARTICLE III USE OF HOTEL TAX REVENUE 3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed payments of Hotel Tax Revenue specified above, Agency agrees to use such Hotel Tax Revenue for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms as authorized by Tax Code §351.101(a). (a) Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City to promote tourism and the convention and hotel industry. 3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in fulfilling a purpose described in §3.1. 3.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of Agency for which Hotel Tax Revenue may be used shall not exceed that portion of Agency’s administrative costs actually incurred in conducting the activities specified in §3.1. Page 71 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 4 (b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. (c) Hotel Tax Revenue may not be spent for the purchase or serving of alcoholic beverages. ARTICLE IV RECORDKEEPING AND REPORTING REQUIREMENTS 4.1 Budget. (a) Before Agreement execution, Agency shall submit to the City Manager of City or the City Manager’s designee, an annual budget to be approved by the City Council for each fiscal year, for such Agency operations funded by Hotel Tax Revenues. This budget shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency. City should be able to audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the College Station City Council. Approval of the budget by the City Council shall not preclude the Agency from reasonably reallocating funds within the budget among line items to meet changing conditions. Such reallocation shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 6.2. (b) Agency acknowledges that the approval of such budget by the College Station City Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the manner and for the purposes specified in this Agreement, Tax Code §351.101(a), and in the budget as approved by City. 4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a separate account, or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted funds for audited financial purposes. 4.4 Records Inspection. Upon written request of the City Council, City Manager, or their designee; Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other Page 72 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 5 records relating to this Agreement shall be subject to the Public Information Act, Texas Government Code, Chapter 552, as hereafter amended. 4.5 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report (d) Expenditure Report Agency shall respond promptly to any request from the City Manager of City, or the City Manager’s designee, for additional information relating to the activities performed under this Agreement. 4.6 Reports. The Financial Activity Report, Performance Measure Report, Narrative Summary and Expenditure Report shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year.) 4.7 Financial Audit. A copy of the Agency’s annual financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.8 Monitor Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how and by whom that review is to be conducted. 4.9 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. 4.10 Records Retention. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this three (3) –year period and for as long as the records are retained by Agency. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Appointees. The City shall have the option to recommend three (3) appointees for any vacancy that occurs on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. Page 73 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 6 5.2 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public, including but not limited to the Agency’s website. 5.3 Minutes. Agency shall submit Board of Directors meeting and Executive Committee meeting minutes to the City within ten (10) days after approval of the minutes. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins on October 1, 2023, and terminates at midnight on October 31, 2024; however, the program period shall commence on October 1, 2023, and terminate at midnight on September 30, 2024. Only those expenditures authorized by Chapter 351 of the Tax Code which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified in hereinabove and that were approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §§3.1 through 3.3, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within ten (10) business days from the termination notification, a short- term budget of probable expenditures for the remaining sixty (60)-day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by City. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Tax Code and is Page 74 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 7 within the current contractual period approved budget; the budget will be considered approved. (2) Within thirty (30) days, a full accounting of all expenditures not previously audited by City. (3) Within five (5) business days of a request from City, a listing of expenditures that have occurred since the last required reporting period. (4) A final accounting of all expenditures and tax funds on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §3.1 and §3.3 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of its breach of this obligation (3) The failure of Agency to submit a Quarterly Expenditure Report as required by Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of its breach of this obligation 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating Page 75 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 8 party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to return, refund and reimburse any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be Page 76 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 9 required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. Page 77 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 10 (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (ensuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 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 A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee is required. (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in in this Agreement. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. Page 78 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 11 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Interest. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Page 79 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 12 Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Arts Council of Brazos Valley Attn: Sheree Boegner, Director 4180 Highway 6 South College Station, Texas 77845 Page 80 of 512 Contract No 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-2022 13 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance ARTS COUNCIL OF BRAZOS VALLEY CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: __________ Page 81 of 512 EXHIBIT A Statement of Financial Position Contract No. 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-22 14 Page 82 of 512 Total ASSETS Current Assets Bank Accounts 10100 Wells Fargo Business Checking *8775 8,412.47 10200 VB - Checking *3808 59,297.21 10210 VB - Savings *3816 30,000.00 10220 VB - ICS *8164 25,681.34 10300 PayPal 1,182.71 10350 Venmo 0.00 10400 Prosperity - ABC 0.00 10500 American Momentum Money Market 71,571.55 10600 American Funds 63,290.47 10700 Cash in Drawer 0.00 10800 Community Foundation of BV 10,127.30 10900 Spirit of Texas 0.00 Total Bank Accounts $ 269,563.05 Accounts Receivable 11000 Accounts Receivable 23,456.44 11200 Pledges Receivable 45,000.00 11210 Discount on Pledge Receivable 0.48 Total 11200 Pledges Receivable $ 45,000.48 11400 Grants Receivable 0.00 11500 Contributions Receivable 69,999.80 11600 Due from Affiliates 14,348.50 Total 11000 Accounts Receivable $ 152,805.22 Total Accounts Receivable $ 152,805.22 Other Current Assets 12000 Undeposited Funds 2,989.07 12100 Inventory Asset 0.00 12300 Art Inventory 14,102.00 12400 Prepaid Expenses 0.22 12410 Prepaid Rent 0.00 12420 Prepaid Insurance 0.00 12430 Prepaid Advertising 0.00 Total 12400 Prepaid Expenses $ 0.22 Payroll Refunds 126.00 Total Other Current Assets $ 17,217.29 Total Current Assets $ 439,585.56 Fixed Assets 14000 Property & Equipment 14100 Furniture and Equipment 159,179.40 14200 Buildings & Improvements 1,729,666.71 The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 Page 83 of 512 Total The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 14300 Permanent Collection 657,023.02 14400 Texas Gallery Improvements 0.00 14500 Land 392,430.00 14900 Accum Depreciation -175,767.61 Total 14000 Property & Equipment $ 2,762,531.52 14101 New Building 0.00 14101.1 Building Improvements 0.00 14102 Credit to Building Cost 0.00 16000 Construction in Progress 0.00 Total Fixed Assets $ 2,762,531.52 Other Assets 18000 Investments/Endowments 0.00 18010 Wells Fargo Investment 0.00 18020 Wells Fargo *6913CD 138,530.00 18030 Amarillo National Bank *6476CD 230,000.00 Total 18000 Investments/Endowments $ 368,530.00 18600 Other Assets 0.00 18700 Security Deposits Asset 0.00 18800 Promise to Give - COCS 0.00 Total Other Assets $ 368,530.00 TOTAL ASSETS $ 3,570,647.08 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 20000 Accounts Payable 43,833.70 20100 Grants Payable 0.00 Total Accounts Payable $ 43,833.70 Credit Cards 21000 Wells Fargo Business Card - Boegner 3,161.44 Total Credit Cards $ 3,161.44 Other Current Liabilities 22000 PPP Loan 0.00 23000 Payroll Liabilities 0.00 23100 Federal Tax Payable 2,434.50 23200 Texas Unemployment Payable 289.85 23300 Simple IRA Payable 2,265.28 23400 Blue Cross Blue Shield Payable 0.00 23500 Guardian Insurance Payable 45.45 23600 HSA Payable 0.00 23700 Accrued Compensated Absences 4,029.94 23800 Direct Deposit Liabilities 0.00 Page 84 of 512 Total The Arts Council of Brazos Valley Statement of Financial Position As of August 31, 2023 Total 23000 Payroll Liabilities $ 9,065.02 25000 Deferred Income 0.14 25100 Unearned or Deferred Revenue 0.00 26000 Accrued Expenses 0.00 26100 Deferred Membership Dues 0.00 26200 Due to COCS- Reimbursements 0.00 26300 Due to COB - Reimbursements 0.00 28000 Sales Tax Payable 0.00 28100 Sales Tax Payable - Current 63.82 Total 28000 Sales Tax Payable $ 63.82 Direct Deposit Payable 0.00 Out Of Scope Agency Payable 0.00 Sales Tax Agency Payable (do not use)0.00 Sales Tax Payable (do not use)0.00 Square Sales Tax Payable (do not use)0.00 State Comptroller Payable (do not use)0.00 Total Other Current Liabilities $ 9,128.98 Total Current Liabilities $ 56,124.12 Long-Term Liabilities 29100 Note payable to Citibank 0.00 29200 Notes Payable 0.00 29300 NP - Vera Bank 655,587.98 29900 Northgate Sculpture Fund 63,750.00 Total Long-Term Liabilities $ 719,337.98 Total Liabilities $ 775,462.10 Equity 30000 Opening Bal Equity 0.00 31000 Net Assets - Donor Restricted 756,750.00 32000 Unrestricted Net Assets 2,035,462.02 Net Revenue 2,972.96 Total Equity $ 2,795,184.98 TOTAL LIABILITIES AND EQUITY $ 3,570,647.08 Thursday, Sep 07, 2023 01:25:05 PM GMT-7 - Accrual Basis Page 85 of 512 Actual Budget Revenue 43000 Contributed Income 14,764.49 110,000.00 43100 Membership Dues 43120 Affliates Membership 4,450.00 3,666.63 43130 Business Membership 100.00 4,125.00 43140 BV Collective Membership 750.00 733.37 43150 Individual Membership 7,475.00 15,253.37 43160 Artist and Hotels Membership 50.00 733.37 Total 43100 Membership Dues $ 12,825.00 $ 24,511.74 43200 Fundraising Events 43240 Celebrate the Arts 29,375.00 133,466.63 43245 Celebrate the Arts Scholarship 575.00 14,300.00 Total 43240 Celebrate the Arts $ 29,950.00 $ 147,766.63 43250 Boots & BBQ 15,231.50 15,583.37 43260 Empty Bowls, Jr.10,627.67 12,393.37 43270 Stories at the Gallery 21,737.00 Total 43200 Fundraising Events $ 77,546.17 $ 175,743.37 43300 Government Grants 20,000.00 43310 Brazos County 10,000.00 9,166.63 43320 Bryan HOT 139,725.00 102,465.00 43325 Bryan HOT Reimbursements 9,165.00 916.63 Total 43320 Bryan HOT $ 148,890.00 $ 103,381.63 43330 College Station 32,083.26 32,083.37 43340 College Station HOT 497,858.37 466,583.37 43345 College Station HOT Reimbursements 5,636.02 916.63 Total 43340 College Station HOT $ 503,494.39 $ 467,500.00 43350 Navasota HOT 28,800.00 26,400.00 43355 Navasota HOT Reimbursements 916.63 Total 43350 Navasota HOT $ 28,800.00 $ 27,316.63 43360 TCA 43370 TCA Revenue 7,450.00 18,333.37 Total 43360 TCA $ 7,450.00 $ 18,333.37 Total 43300 Government Grants $ 750,717.65 $ 657,781.63 43400 Foundation & Trust Grants 4,583.37 Total 43000 Contributed Income $ 855,853.31 $ 972,620.11 44000 Program Service Revenue 44100 Artist Call for Entry 1,938.60 1,558.37 44200 Camps & Workshops 44210 Adult Workshops 1,300.00 1,008.37 44220 Children Camps 20,558.00 5,848.37 Total 44200 Camps & Workshops $ 21,858.00 $ 6,856.74 44300 Classes 49.00 Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 Page 86 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 44310 Adult Classes 450.00 588.50 44320 Children Classes 980.87 Total 44300 Classes $ 499.00 $ 1,569.37 44400 Community Events 2,370.34 3,025.00 44500 Red Wasp 1,833.37 44600 Special Exhibits 27,500.00 Total 44000 Program Service Revenue $ 26,665.94 $ 42,342.85 45000 Art & Merchandise Sales 19,585.93 7,333.37 46000 Other Revenue 46200 Investments 12,209.75 1,833.37 46300 Rentals 10,418.20 16,041.63 46400 Miscellaneous Revenue 381.70 45.87 46420 Interest Income 341.99 Total 46400 Miscellaneous Revenue $ 723.69 $ 45.87 Total 46000 Other Revenue $ 23,351.64 $ 17,920.87 Discounts given -111.60 Sales of Product Income 44.40 Total Revenue $ 925,389.62 $ 1,040,217.20 Gross Profit $ 925,389.62 $ 1,040,217.20 Expenditures 60000 Grants & Scholarships 60100 Grants 60110 Bryan College Station Grants 385,931.00 395,340.00 60120 Navasota Grants 23,300.00 21,358.37 60130 Rural Grants 8,000.00 7,333.37 60140 Returned Grants 14,801.02 2,750.00 Total 60100 Grants $ 432,032.02 $ 426,781.74 60200 Scholarships 16,000.00 13,750.00 Total 60000 Grants & Scholarships $ 448,032.02 $ 440,531.74 61000 Salaries and Related Expenses 61100 Salaries & Wages 134,812.61 194,518.83 61200 Employer IRA Contributions 2,581.08 5,835.61 61300 Employee Benefits-Other 180.00 706.20 61400 Payroll taxes & fees 12,463.21 14,880.69 61600 Employer Health Ins. Contribution 5,387.68 14,850.00 61700 Leased Employees 25,317.70 Total 61000 Salaries and Related Expenses $ 180,742.28 $ 230,791.33 62000 Fees for Services 62100 Accounting Fees 21,900.00 21,413.37 62200 Contractor Fee 458.37 62300 Legal and Professional Fees 16,043.34 3,208.37 62400 Marketing Intern & Work Study 9,778.68 10,083.37 Page 87 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 62500 Program Intern & Work Study 1,500.00 1,375.00 Total 62000 Fees for Services $ 49,222.02 $ 36,538.48 63000 Advertising, Printing, Promo.2,075.11 63100 HOT Advertising 17,879.70 32,541.63 63200 Local Advertising 12,243.91 22,916.63 63300 Affiliate Advertising 11,367.00 Total 63000 Advertising, Printing, Promo. $ 43,565.72 $ 55,458.26 64000 Programs 64010 ART for Life 12,300.32 14,208.37 64020 Artist Connect 3,036.90 7,333.37 64030 Artist in Residence 1,619.16 6,531.25 64040 Camps & Workshops 64041 Adult Workshop Expense 619.06 100.87 64042 Children Camp Expense 9,012.61 5,041.63 Total 64040 Camps & Workshops $ 9,631.67 $ 5,142.50 64050 Classes 64051 Adult Class Expense 579.97 504.13 64052 Children Class Expense 160.00 1,008.37 Total 64050 Classes $ 739.97 $ 1,512.50 64060 Community Events 1,007.65 366.63 64070 Gallery 4,873.53 6,050.00 64080 Public Art 18,144.58 30,250.00 64090 Red Wasp 1,833.37 64110 Special Exhibits 27,500.00 64130 Programs-Other 107.64 1,375.00 Total 64000 Programs $ 51,461.42 $ 102,102.99 65000 Fundraising 65100 Boots & BBQ 5,704.89 4,583.37 65200 Celebrate the Arts 2,645.67 45,833.37 65300 Empty Bowls, Jr.6,086.39 6,875.00 65400 Fundraising - Other 6,875.00 65500 Stories at the Gallery 19,406.32 Total 65000 Fundraising $ 33,843.27 $ 64,166.74 66000 Office Expenses 2,323.90 2,750.00 66100 Information Technology 3,818.00 4,858.37 66200 Postage, Mailing Service 315.00 1,100.00 Total 66000 Office Expenses $ 6,456.90 $ 8,708.37 68000 Occupancy 68200 Facilities & Equipment Rental 2,142.94 2,016.63 68300 Insurance 13,939.00 14,419.13 68400 Janitorial 5,600.00 10,890.00 68500 Mortgage Expense 25,517.34 25,666.63 Page 88 of 512 Actual Budget Total The Arts Council of Brazos Valley Budget vs. Actuals: FY2023 - FY23 P&L October 2022 - August 2023 68600 Pest Control 340.00 504.13 68700 Repairs & Maintenance 7,116.09 6,966.63 68800 Security 786.50 916.63 68900 Utilities 21,806.63 20,166.63 Total 68000 Occupancy $ 77,248.50 $ 81,546.41 69000 Mileage 23.18 69100 Travel & In-Region Mileage 3,074.63 2,383.37 Total 69000 Mileage $ 3,097.81 $ 2,383.37 80000 Other expenses 80010 Artist Commission 16,390.42 5,500.00 80020 Bank Charges 1,549.47 641.63 80025 PayPal Fees 720.86 80026 Venmo Fees 3.41 Total 80020 Bank Charges $ 2,273.74 $ 641.63 80040 Donor Development 877.59 4,583.37 80050 Investment Losses 1,443.75 80070 Memberships & Dues 1,594.52 1,443.75 80080 Training & Development 7,858.52 3,093.75 80100 Other Costs 916.63 Total 80000 Other expenses $ 28,994.79 $ 17,622.88 Reimbursed Expenses 0.00 Uncategorized Expense 6.50 Total Expenditures $ 922,671.23 $ 1,039,850.57 Net Operating Revenue $ 2,718.39 $ 366.63 Other Expenditures 90000 Ask My Accountant 506.63 Prior Period Adjustment -761.20 Total 90000 Ask My Accountant -$ 254.57 $ 0.00 Balancing Adjustments 0.00 Total Other Expenditures -$ 254.57 $ 0.00 Net Other Revenue $ 254.57 $ 0.00 Net Revenue $ 2,972.96 $ 366.63 Thursday, Sep 07, 2023 01:25:48 PM GMT-7 - Accrual Basis Page 89 of 512 EXHIBIT B Narrative Summary of Activity Report Contract No. 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-22 15 Page 90 of 512 FY23 Activity Overview Our focus for the current and upcoming fiscal year,is continuing to fulfill our mission:to make the arts accessible to all residents and visitors of the Brazos Valley.In the current fiscal year,the Arts Council focused on private fundraising efforts,including continuing an extremely successful capital campaign which we have now focused on to develop a plan to build a growing endowment to support our new facility and the operations within.Our facility contains a two-tier fully-accessible mezzanine gallery,three active artist studios,classroom and meeting space,a visitor center,and Arts Council administrative offices.We will continue to fundraise aggressively and to grow and improve fundraising projects,events,and programs,including Empty Bowls,Jr.,Boots &BBQ,all membership programs,the College Arts Scholarship Program, private donor cultivation,public art,grant writing,and Celebrating the Arts.A well-rounded education is key to building a 21st-century workforce -students who participate in the arts are better prepared to succeed in their careers and contribute to the Texas economy.1 In addition, we are working to maintain our impact through our at-risk youth programs in the current year, including Artist Connect,Empty Bowls,Jr.,and Art Reaching Teens for Life.Through Artist Connect,we look forward to conducting at least nine high-impact workshops in Title-1 schools through providing free,innovative,in-classroom arts programming.Through Empty Bowls,Jr., over 20 schools from across the Brazos Valley created over 1000 bowls and helped The Arts Council raise around $11,000 for much-needed grant support for in-school food pantries in our region.Furthermore,we offer summer camps and classes to kids aged 6-17 that provide an opportunity for supplemental artistic education.In addition are a variety of art classes for adults.Youth classes focus on the basics of artistic instruction and historical art trends,allowing kids to explore new techniques and media.Whereas classes for adults are more advanced and focus more on developing their skills as an artist or aspiring artists. The Arts Council created Stories at the Gallery in May 2022.The event hosts published authors and serves as an intimate gathering where the community can engage in book readings,author testimonials,and signings.The first Stories at the Gallery hosted author Jim Olson,a former CIA Chief of Counterintelligence.Mr.Olsen described his undercover career in the CIA;Mr.Olson took the audience on a journey telling of an espionage operation he and his wife carried out in Moscow during the height of the Cold War.In response to the event's success,The Art Council hosted Stories at the Gallery again in November with author Jean Becker.Jean Becker was chief of staff for George H.W.Bush for over 20 years.Her books,Pearls of Wisdom and The Man I Knew,were both New York Times best-sellers.Our third event featured Conor Knighton,the 1 (n.d.). State of the Arts Report - Texas Cultural Trust. Retrieved March 17, 2023, from https://txculturaltrust.org/what-we-do/artcan/sotar/ 2 Page 91 of 512 author of New York Times bestseller Leave Only Footprints:My Acadia-to-Zion Journey Through Every National Park.As a correspondent for CBS Sunday Morning,America's #1 Sunday news morning program,Knighton has covered stories from across the globe.Knighton also recently won his fourth Daytime Emmy as part of the Sunday Morning team and has won a Los Angeles Area Emmy and Los Angeles Press Club Award for his work on KCET's SoCal Connected. We will continue with Stories at the Gallery in FY 23 and beyond.Following the success of this event,we are planning a brunch fundraiser for professional artists to connect with and inspire millennials and generation z to the world of arts and culture,which will help us to engage with younger generations. We also continue to focus on our advocacy and funding role for the arts in the Brazos Valley. Many of our affiliates have not fully recovered from the significant impacts of COVID-19.In that, we have found that the arts affiliates that had to cancel,reschedule,or limit events and facility openings to maintain safety in our community but are recovering to reach full compacity.Grant funds are crucial in maintaining programming and marketing efforts and continuing building the arts community in the Brazos Valley.A strong arts community will motivate visitors to stay in the area longer, which will help continue to rebuild our economy. The following is an overview of program and administrative activities conducted by the Arts Council this fiscal year since October 2022. Arts Council Programs The Arts Council supports and enhances our community’s art,culture,and heritage efforts. Programs include the Galleries &Visitor Center operations,funding opportunities,artistic learning opportunities,affiliate support and arts marketing,and community involvement and outreach. Milestones and activities achieved through our programs are listed below. Arts Council Galleries & Visitor Center: As an arts destination and the hub of information about the region’s arts activities,The Arts Council’s Galleries and Arts Visitor Center is a critical service for the public and many Arts Council affiliate organizations.Gallery spaces and artist studios operated by The Arts Council facilitate public interaction with the arts and provide the residents and visitors of the Brazos Valley with the opportunity to see fantastic works of art by contemporary artists from around the state and beyond.The Arts Council’s facilities serve as an arts and culture visitors’center and provides the public with information about the many arts organizations and happenings in the area.It also provides affiliates a space to meet,work,or host events vital to fulfilling their 3 Page 92 of 512 missions.Many affiliate groups use the classroom and other visitors as a space to meet,learn and create new work together. Group Facility Use:The Arts Council’s building and galleries hosts meetings for more than 20 affiliate groups per month,averaging roughly 450 visitors and program participants each month. In order to broaden our reach and be more accessible,The Arts Council and its affiliates have continued the use of our virtual meeting methods and program opportunities.The Arts Council had more than 1600 visitors and program participants this quarter.We expect visitation and meeting levels to return to normal (around 26 meetings per month)as the public health situation improves. 4180 and Bradfield Galleries:Our two-tiered mezzanine gallery space will feature a total of 10 planned exhibitions for FY23,including:the Hailey Herrera,Nikki Smith,and Patsy Supak The Colors of Nature and Music Exhibit;Staff Pick Series featuring Lynette Davila,Jenn Korolenko, Clayton Bever and,Crista Calvillo;Birds of Texas by Betsy Denny;Art We Love by Visual Art Society;samples of artwork by Maggie Walker Nelson;Exploring Textures and Colors by Monika Pate;Mack Bradford’s Memories,Friends and 8x10's;Cowboys by Texas artists group Western Artists Roundup;shows from our College Station and Bryan Artists in Residence;School Teacher Exhibit featuring local school teachers;and Refrigerator Art which features work by artists in Summer Camps at the Arts Council.We will continue our community galleries and expect to host 6 new artists through our residency programs and provide them with exhibit space and professional development opportunities. Community Galleries at Large:6 galleries,each with 2-3 exhibits for FY23.Gallery spaces are located at the City of College Station (on hold due to new City Hall),the City of Bryan,the City of Navasota,the Brazos Valley Council of Governments,Brazos Valley Plastic Surgery,and Century 21. An estimated 200 new pieces will be on display throughout the year. Funding Programs A longstanding role of the Arts Council has been to evaluate and administrate arts,culture,and heritage grant proposals,many of which originate from arts organizations in College Station. This vital role will continue to be a priority in addition to The Arts Council’s focus on elevating the profile of the arts in the Brazos Valley,making more funding available for the arts,attracting more visitors to the Brazos Valley,and increasing the impact of the arts in the Brazos Valley as we approach full recovery from COVID-19.High priorities include marketing and professional development of local arts organizations and increased public art to accomplish this.Today, public art is valued for its cultural significance as well as its contribution to the local economy - public art encourages tourism and provides a focal point for a community,both of which are 4 Page 93 of 512 strong economic boosters.2 The Arts Council operates four funding programs:three granting programs to nonprofit arts organizations and a scholarship program for high school seniors. The largest of the programs is the Annual Marketing &Program Grant,which is funded through the City of College Station and the City of Bryan hotel occupancy tax (HOT)funds.Funding for this program supports projects only in Bryan and College Station.In FY23,due to the City of Bryan not giving the same percentage of HOT funds as the City of College Station,we divided funds into the two cities instead of combining them.Therefore,the funds from the City of College Station went to College Station affiliates and/or events happening in the City of College Station.In FY18,The Arts Council implemented a Multi-Year Grant program for the Bryan/College Station Annual Grants to get our highest performing affiliates on a 3-year grant application and award cycle.2019 was the last year of the initial cycle,and 7 affiliates were participating.Unfortunately,we suspended the multi-year grant program until hotel occupancy tax funds return to normal collections after the COVID-19-related economic downturn.We look forward to continuing this Multi-Year Grant program within the next two years.The Navasota Annual Marketing &Program Grant provides hotel occupancy tax funds collected by the City of Navasota to nonprofit arts organizations operating in Navasota’s extraterritorial jurisdiction. The Rural Grant program is funded by The Arts Council and provides small,program-based grants to nonprofit organizations operating in the six rural counties of the Brazos Valley.We expect to complete the awarding process for our rural grants in April. For FY23,The Arts Council received 16 funding requests exceeding $619,000 from Brazos Valley nonprofit arts,culture,and heritage organizations.Through the generous support for the arts shown by Bryan,College Station,Navasota,and private donors,we were able to fund approximately $417,231 thus far.In FY2024,we aim to award $483,630 in grant funding to arts, culture,and heritage organizations operating and providing artistic programs in the Brazos Valley.This funding will be crucial for sustaining not only the arts industry but also catalyzing positive growth for our local economy through ensuring that these organizations continue to provide their services to our local communities and our visitors.The arts will continue being instrumental in restoring and reviving the hotel and tourism industry in the Brazos Valley as travel restrictions are reduced.Texas will encourage visitors to travel within the state,allowing more people to experience the Brazos Valley for multiple days. 2 (2022, August 17). American Artists And The Role Of Public Art In Economic Development. Retrieved March 17, 2023, from https://www.midamericaedc.org/news/p/item/45180/american-artists-and-the-role-of-public-art-in-economic-develo pment 5 Page 94 of 512 Funded programs for FY24 are projected to directly impact an estimated 495,000 people,a third of which we expect will travel to Bryan/College Station from outside of the Brazos Valley. Affiliate arts,culture,and heritage organizations funded through the Arts Council’s granting programs have already reported 2,502 room nights in the Brazos Valley in Q1.Arts attendees also spend $31.47 per person,per event,beyond the cost of admission.3 For our FY23 grant process, we asked our affiliates the following questions: I.What is the estimated number of hotel nights your programs will generate for FY23? Total: 9,907 II.How many people do you estimate will be directly impacted through your programs in FY23?Total: 407,289 III.What is the estimated number of restaurant meals your programs will generate for FY23?Total: 26,300 (Note: The Bush Library is not included in this estimate.) As our affiliates are still experiencing program obstacles,we expect these numbers to increase significantly in FY24 following improvements in the public health situation.Having the City of College Station as a partner makes it possible to serve the many residents and visitors of the Brazos Valley.The Arts Council will continue working with our collective of nonprofit affiliates to increase the positive impact on the local economy while creating a sustainable arts sector in our community. Additionally,through private fundraising,The Arts Council provides over $15,000 in scholarships to graduating high school seniors each year.These scholarships go to talented artists who have graduated from a high school in the Brazos Valley and are planning to pursue a degree program focused on arts, culture, or heritage at an accredited college or university. 3 (n.d.). Arts & Economic Prosperity 6 | Americans for the Arts. Retrieved March 17, 2023, from https://www.americansforthearts.org/by-program/reports-and-data/research-studies-publications/arts-economic-pros perity-6 6 Page 95 of 512 Summary of Grants Programs FY23 Grant Program Proposals Funded Funds to be Allocated Persons Impacted* Hotel Nights Generated* College Station Grant Program 7 $319,151.00 43,775 2,502 Bryan Grant Program 4 $66,780.00 23,717 374 Navasota Annual Grant Program 3 $23,300.00 16,676 97 Rural Grant Program Decisions Pending Decisions Pending Events Pending N/A College Arts Scholarships Decisions Pending $12,000.00 Decisions Pending N/A TOTAL 14 $421,231.00 84,168 2,973 *Impact totals only represent numbers reported in the first quarter of the fiscal year. Summary of Proposals Funded FY23 (as of March 2023, as reported by affiliate organizations) Organization FY 2022-2023 Grant Award Persons Impacted* Hotel Nights Generated* Project Description Ballet Brazos $27,000.00 6,559 16 11th production of The Nutcracker Brazos Valley Chorale $15,000.00 380 8 A Night at the Opera; O Holy Night Brazos Valley Museum of Natural History $25,000.00 19531 338 Marketing Support & Exhibit Program Brazos Valley Symphony Society $75,031.00 1,864 70 Concerts Friends of Chamber Music $15,000.00 263 6 Celebration and Romance: Haydn, Schumann, Tchaikovsky, Viano String Quartet, Winner of 2019 Banff International String Quartet Competition – in-person concert on Nov. 17, 2022, A&M United Methodist Church Page 96 of 512 City of College Station The Arts Council FY24 Budget Request Organization FY 2022-2023 Grant Award Persons Impacted Hotel Nights Generated Project Description George Bush Presidential Library & Museum $104,900.00 31,550 2,078 Marketing only MSC OPAS $50,000.00 0 0 None Museum of the American G.I.$37,000.00 3,159 324 Tires, Tracks and Tents and general program advertising The Theatre Company of Bryan/College Station $37,000.00 3,543 22 Disney’s Descendants, Titanic The Musical, Who’s Holiday Navasota Grimes County Chamber of Commerce $5,600.00 198 8 Reds, Wheats & Blues Festival Navasota Theatre Alliance (Navasota AMPG Grant)$12,448.00 786 24 Shows Washington on the Brazos State Park Association (Navasota AMPG Grant) $5,252.00 15,192 65 Year-round marketing support Brenham Children’s Chorus (Rural Grant Program)Request Pending Report Pending N/A No funded programs or marketing this quarter Navasota Theatre Alliance (Rural Grant Program)Request Pending Report Pending N/A No funded programs or marketing this quarter Troupe Over the Hill (Rural Grant Program)Request Pending Report Pending N/A No funded programs or marketing this quarter Unity Theatre (Rural Grant Program)Request Pending Report Pending N/A No funded programs or marketing this quarter Washington on the Brazos State Park Association (Rural Grant Program) Request Pending Report Pending N/A No funded programs or marketing this quarter Totals $409,231.00 83,025 2959 *Only numbers reported from the first quarterly report cycle. Some affiliate events have not yet occurred. 8 Page 97 of 512 EXHIBIT C Performance Measures Contract No. 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-22 16 Page 98 of 512 APRIL -JUNE 2023 QUARTERLY REPORT NARRATIVE CITY OF COLLEGE STATION FUNDING Page 99 of 512 THE ARTS COUNCIL PROGRAMS Arts Council &Visitor Center Operations The Arts Council &Visitor Center is the hub of the arts,culture,and heritage community in our region.It is home to a unique two-tier mezzanine gallery and three working studios, providing exhibit and retail space for works of art created by local artists and artists throughout Texas.On average,The Arts Council’s offices and galleries host more than 25 affiliate meetings per quarter, averaging roughly 250 visitors and program participants each month.In order to broaden our reach and be more accessible,the Arts Council and its affiliates have continued utilizing virtual meeting methods and program opportunities.The Arts Council averaged 1200 visitors and program participants this quarter. During the Third Quarter,the galleries hosted multiple exhibits: During the third quarter,the Arts Council welcomed artist Maggie Walker Nelson and her exhibits West (Of Eden)-Strange Beautiful Plants in the 4180 Gallery and Bradfield Gallery of Fine Art,respectively. Walker-Nelson’s exhibitions will be displayed at the Arts Council from June 6th to August 5th.Her opening reception and ribbon cutting took place at the Arts Council on July 7th,where members of the BCS Chamber of Commerce and the community were invited to meet the artist,enjoy hors d’oeuvres,and view the artwork.Walker-Nelson is a working artist specializing in painting and illustration.With over fifteen years of professional art and teaching experience,she is highly adept in a number of styles.At the heart of her work, Walker-Nelson is a master at transforming images and objects of ordinary life into reflections about our complex relationships between ourselves and the mundane. Page 100 of 512 The Arts Council also welcomed A Window to My Travels,an exhibit by artist Mary Claire Moloney,in the Lobby Gallery on June 6th.Moloney shared an opening reception and ribbon cutting with Walker-Nelson on July 7th.Moloney’s exhibition will be displayed at the Arts Council until August 5th, 2023.From Moloney’s artist statement:“My art is a reflection of my travels.I want you to feel,if only for a moment,that you are with me in my adventures. Gouache is my current medium of choice,and I am equally comfortable working in oils and pastels.My main influences are Claude Monet,Vincent Van Gogh,and particularly James Whistler’s paintings of Venice,Italy.I am a keen reader of their biographies and exploring the places where they lived and were inspired by.” During the third quarter,the gallery completed hosting Exploring Textures and Colors by Monika Pate in the 4180 Gallery,which was on display from February 25th to May 27th.Her exhibit had an opening reception and ribbon cutting on April 4th,2023.Members of the Chamber and the community were invited to come to the gallery to meet the artist,enjoy hors d’oeuvres,and view the artwork.Monika Pate was born and raised in Warsaw, Poland,and has a Master’s Degree from Warsaw University.Monika works with transparent watercolor and is a signature member of the American Watercolor Society,National Watercolor Society,Transparent Watercolor Society of America, Watercolor Art Society -Houston (Elite Member),Texas Watercolor Society (Purple Sage Status),Louisiana Watercolor Society,Missouri Watercolor Society,and Iowa Watercolor Society.She is also a juried member of the International Guild of Realism. Her artwork is included in private and corporate collections in the US,Poland,the UK, and Germany. We also completed featuring Memories,Friends & 8x10’s by Mack Bradford in the Bradfield Gallery of Fine Art in the Third Quarter.His exhibit shared an opening reception and ribbon cutting on April 4th,2023,with Monika Pate.Mack Bradford grew up in Robinson, Texas,and has been a photographer for the past 45 years.As a former rider himself,he captures moments in Page 101 of 512 rodeo that easily translate the art and skill of the sport to all.He was the 2021 CPRA Photographer of the Year and was the designated Photographer for THSRA Region IX, the YRA Finals,and the TYRA Finals.He has been published in Rodeo Times,Cowboy Times,Cowboy Sports News,Collegiate Arena,and Rodeo Sports Journal.Mack was also the head coach for the Texas A&M Rodeo Team from 1982-1987.Soon after completing his exhibition at the Arts Council,Mack was inducted into the Central Texas Rodeo Hall of Fame and will be recognized during their induction ceremony on November 18th,2023. We recorded virtual tours of our previous gallery shows to provide remote options for visitors to view and enjoy art online.People can experience shows after they have ended, entire classrooms can take a virtual trip to our gallery to learn how and why an artist created this exhibit,and art lovers from all over the world can listen in while the artist tours the exhibit.The virtual tours are hosted on our YouTube channel and shared on our website and social media pages. Since June 5th,the Arts Council has been hosting week Summer Art Camp Classes that will continue into Q4 and end July 28th.In total,this year’s summer camp program comprised 16 classes for children of ages 6-18 to participate in.The classes covered various art forms,practices,and techniques,with themes ranging from fiber arts to dance.This year’s summer camps had a total of 135 registrations thus far.The Arts Council is pleased to have completed another successful round of Summer Art Camp classes. From June to July,the Arts Council hosted the A.R.T for Life program with J Muzacz at the Arts Council facility.The juvenile teens began working together to create murals on four exterior columns located in the entryway of the Arts Council’s Offices and Classroom facility.This public art piece will be displayed for everyone to enjoy at the Arts Council facility.The Arts Council also hosted the A.R.T for Life Mic Check Program with Leanita Anderson at the Juvenile Detention Center Academy in July.Eight students participated in the program this year-the teens were taught how to journal and write poems individually and as a team.During the fourth quarter,the Arts Council attended the Mic Check final reception at the Brazos County Juvenile Detention Services Center Academy,where their poems were read.The final reception for the Art Program group was held at the Arts Council facility,where the completed columns were revealed. To date,approximately 83%of all A.R.T.for Life participants have not returned to jail since our first contact with them.This is a testament to the overall effectiveness of the monumental and important impact the arts have on the lives of the youth in the Brazos Valley. Page 102 of 512 Funding Opportunities Perhaps the longest-standing means of support to the regional artistic community,The Arts Council funds programs,projects,and education through its funding programs below. ●Annual Program and Marketing Grants support affiliate organization projects that significantly promote arts,culture,and heritage in the Brazos Valley through hotel/motel taxes from the City of College Station and the City of Bryan.The Arts Council distributed $99,009.00 in Annual Program and Marketing grant funding to its affiliates in the third quarter of FY23.The following affiliates are recipients of funding of Annual Program and Marketing grants for FY23:Ballet Brazos, Brazos Valley Chorale,Brazos Valley Museum of Natural History,Brazos Valley Symphony Society,Brazos Valley Friends of Chamber Music,George Bush Presidential Library and Museum,MSC OPAS,Museum of the American G.I., and The Theatre Company of Bryan/College Station. ●The Arts Council distributed $3,112.00 in Navasota Annual Program and Marketing funding during the third quarter.Grimes County Chamber of Commerce,Navasota Theatre Alliance,and Washington on the Brazos Historical Foundation are the recipients of Navasota Annual Program and Marketing funds in FY23. ●Rural Grants assists Arts Council affiliates operating in the rural portions of the Brazos Valley with program needs up to $2,500.The Arts Council provides funding for this program.The Arts Council opened applications for local nonprofits for this funding opportunity in January 2023 and distributed awards in May 2023.A total of $8,000 was distributed to Brenham Children's Chorus, Navasota Theatre Alliance,Troupe Over the Hill,Unity Theatre,and Washington on the Brazos Historical Foundation. ●The Funds raised from Empty Bowls Jr.that occurred in the first quarter were distributed during this quarter.We distributed $5,338.84 to School Pantries that applied for grant funds:Oakwood Intermediate School Food Pantry (College Station ISD),Pecan Trail Intermediate School Food Pantry (College Station ISD), A&M Consolidated High School Food Pantry,and Project Hope (serving Bryan ISD). ●The Arts Council offers an annual scholarship program for seniors graduating from high school in the seven-county Brazos Valley region.These seniors must plan to attend an accredited 2-or 4-year university to study a degree plan in arts, culture,or heritage.The scholarship committee meets in the third quarter to review the application.It will select winners for Netta Jackson Simek Emerging Artist Scholarship,James Bradfield Fine Arts Scholarship,and College Arts Scholarship to be presented to the board for approval.The Arts Council awarded Page 103 of 512 and distributed four scholarships this quarter,all of whom will start college in the Fall of 2023.The Netta Jackson Simek Emerging Artist Scholarship was awarded to Bryan High School student Jazmin Bazan,who is majoring in Visualization at Texas A&M University.The James Bradfield Fine Arts Scholarship was awarded to A&M Consolidated High School student Andrew Vorse Lede,who is majoring in Jazz -Piano studies at Loyola University in New Orleans,LA.The College Arts Scholarship was awarded to two students this year:Rudder High School student Richard Badillo Jr.who is majoring in Music Studies at Blinn College Brenham, and Franklin High School student Zoe May who is majoring in Art Education at the University of Texas at Tyler. Page 104 of 512 The following is a detailed chart of the impact this funding has in the community as provided by individual affiliates in their quarterly reports. AFFILIATE GRANT RECIPIENT FY 2023 Q3 Grant Distributions Persons Impacted by Programs Projected Restaurant Impact (meals) Hotel Impact (room nights) PROGRAMS/ MARKETING FUNDED Ballet Brazos $0 0 0 0 No programs/marketing funded this quarter Brazos Valley Chorale $4,250 0 0 0 Marketing Only Brazos Valley Symphony Society $25,564 975 318 41 Marketing and Concerts -The Texas Tenors Friends of Chamber Music $4,000 207 75 4 Monteverdi Madrigali Guerrieri et Amorosi George Bush Presidential Library and Museum $30,000 33007 0 1851 General marketing for the museum and its exhibits &events MSC OPAS $11,000 0 0 0 Marketing Only Museum of the American G.I.$8,000 2384 1075 325 We Served Too and Marketing Totals $82,814 36573 1468 2221 Page 105 of 512 Artistic Learning Opportunities ●Our two studio artists,Chris Wilson and Coleen Bradfield,continue their studio operations.Their studio spaces are open to the public when the artists are present, and the artists are encouraged to engage with the visiting public and discuss their art. ●In Q3,the Arts Council hosted and completed another successful round of Summer Art Camp classes.This year,16 different classes were offered to students in the area ranging in age from 6 to 18 years old.More than 135 students were able to participate in the program acquiring new skills in a variety of art-related areas of practice.The classes covered various art forms,practices,and techniques,with themes ranging from fiber arts to dance and several others.Through these camps,7 local art teachers were able to provide hands-on,small class-size instruction to local youth interested in expanding their knowledge about the arts while gaining access to more opportunities to support themselves through the arts over the summer term. Camp surveys showed a positive reception of the program. ●The Arts Council partnered with affiliate organizations and artists to present our Artists Connect program.This program brings professional artists directly into the classrooms in Title-1 schools with the goal of introducing children in under-served areas to the arts.This was planned in Q2,and the following workshops were conducted in Q3:In April,a representative from Unity Theatre put on a theater workshop at Jones Elementary in Bryan.Also in April,professional actor,dancer,& choreographer Mariah Cooper hosted a dance &musical theater workshop at International Leadership of Texas Middle School in College Station.In May,Kelsey Boe taught the skill of cartooning and anime to Davila Middle School and Crockett Elementary School in Bryan,and The Stephen F.Austin Middle School Bronco Belles &the Davila Lady Tex-Ann Ensemble hosted Dominick Oliver,a current principal dancer for Ballet Brazos,for a dance &leadership workshop in Bryan.All artists worked closely with art teachers to align workshops and lessons with fine arts TEK standards for their grade levels. ●Our A.R.T.for Life programming,in which youth in juvenile detention services get opportunities to express themselves creatively and decrease their recidivism rates, began in June and ended in July.The program hosted a painting group and a poetry group.The Arts Council hosted the A.R.T.for Life painting program with muralist J Muzacz at the Arts Council of Brazos Valley.The Juvenile teens worked together to paint 4 columns in front of the classrooms &offices entrance of the Arts Council facility.The A.R.T.for Life poetry program,or Mic Check,was led by artist and poet Leanetta Avery and was hosted by Brazos County Juvenile Detention Services at their Juvenile Detention Center Academy.The teens were taught to journal and write poems individually and as a team,harnessing the power of writing for emotional and creative growth.The A.R.T for Life program provides a positive outlet for creative energy and enables youth to uncover the power,strength,and wisdom that exists within themselves.During the fourth quarter,the Arts Council will host its annual Art for Life reception for the painting and poetry program. ●In Q3,the Arts Council hosted an open call for the College Station Workspace Artist in Residence,Bryan Artist in Residence,and Navasota Artist in Residence programs. Page 106 of 512 The application process has begun,and interviews will be conducted in the fourth quarter to determine the next artists for these programs. ●The Arts Council’s Navasota Artists in Residence,Sarah Gomez,began her residency in Q3.Sarah is an oil paint artist from Dallas,Texas.She graduated from the University of Texas at Austin in May of 2021 with a Bachelor of Fine Art in Studio Art.Sarah’s work has been shown in group exhibitions with the 500x in Dallas,TX; Shockboxx Gallery in Hermosa Beach,California;and the McMurray Gallery in Austin,TX. ●The Arts Council welcomed Monika Pate as the College Station Artist in Residence last year.She also has a studio space located at the Arts Council and is open to the public when she is present.She is encouraged to engage with the visiting public in her studio and discuss her art.Monika recorded a virtual tour of her exhibit Exploring Textures and Colors that the Arts Council provided online for virtual audiences to enjoy.Monika’s exhibit concluded on May 27th,2023. ●The Arts Council selected talented sculpturist Amanda Sisk as the Bryan Artist in Residence last year.She’s got to experience First Fridays in downtown Bryan and will participate in First Fridays throughout the rest of her residency.She will teach Intro to Sculpture Relief as an adult art class at the Arts Council every Saturday from July 8 -August 5,2023.Amanda also taught a Relief Sculpture Workshop for the Diocesan Summer Music Camp at Saint Andrew’s Episcopal Church during Q3. Community Outreach The Arts Council operates community outreach efforts designed to create access to artistic opportunity.Efforts include marketing,support of affiliate organizations, art placement in public venues,and involvement in community events. Marketing ●Innumerable residents and visitors are served through regular marketing and outreach programs from mailings,advertisements,brochures,newspaper articles,television and radio spots/interviews,and our website,www.acbv.org. ●The Arts Council regularly and extensively promotes affiliate events,Arts Council programs,and local art events through social media and paid online and print advertising.Marketing efforts target a statewide audience and provide up-to-date information to residents and visitors.Additionally,Bryan Broadcasting,KBTX, and KAGS donate significant amounts of air time to run Arts Council Art Spots and interviews.Marketing efforts in the third quarter focused on gallery exhibits and openings,conducting promotional work for our Summer Camps,Gallery Openings,Artist in Residence Gallery Openings,and the Brazos Valley Museum Trail.Marketing efforts and planning also started for Celebrate the Arts,the Arts Council’s largest fundraising event. ●Postcards and mailings were sent out alongside considerable online marketing campaigns to promote Summer Camps,Artist in Residence opening reception, and opening receptions and galleries for West (Of Eden)-Strange Beautiful Page 107 of 512 Plants by M.Walker Nelson and A Window to My Travels by Mary Claire Moloney.This included press releases,email campaigns,social media posts,and website materials. ●The Quarterly Newsletter,Three Scoops of Art and Culture which was created for the artists and community of the Brazos Valley as a way to explore,experience, and share the local arts,has continued to give visitors and residents a way to plan their trips. ●The ACBVoice e-newsletter was sent to over 3,000 subscribers monthly during the third quarter.The newsletter promotes upcoming arts events in the Brazos Valley,in addition to providing updates on Arts Council programs and projects. ●Arts Council staff recorded regular interviews at the WTAW studios every other week during the third quarter.They were joined by the Arts Council affiliates: Brazos Valley Symphony Orchestra,B-CS Friends of the Library,Stage Center Theatre,Forsyth Galleries,and Brazos Valley Spinners &Weavers Guild. ●They were all able to use the opportunity to speak about their own organizations, programs,and activities.We also promoted all Arts Council events and programs that took place in Q3 and some we had planned for Q4. ●Art Spots are collected and distributed as public service announcements over social media and local media outlets.We have also focused on updating our arts calendar and sharing affiliate Art Spots on our website,newsletter,and social media. ●The Arts Council presented virtual content through our YouTube channel, Facebook page,and website.Virtual content included recordings of media interviews,recorded tours through the galleries,and interviews with each of the Artists in Residence.These events will continue through the rest of 2023 and into 2024. ●The Arts Council Executive Director attended the 2023 Center for Advancement &Study Early Texas Art (CASETA)Symposium &Texas Art Fair in San Antonio, TX,over the weekend of June 9-11.CASETA’s mission is to promote the preservation,study,and appreciation of Texas visual arts and history. ●During the week of June 19-23,2022,the Arts Council Executive Director attended a week-long intensive training program through the Travel and Tourism College.This program is a three-year certification program filled with an industry-leading curriculum of travel and tourism marketing,management,and leadership courses.The Texas Travel Alliance designed this program to allow Travel and Tourism professionals the opportunity to obtain their Certified Tourism Executive (CTE)certification at the completion of this three-year program. ●The Arts Council also worked to continue developing a new website in Q3 detailing all of our programs and events and providing an easy centralized place for community members to access information on the arts community. Support of Affiliate Organizations ●We support over 60 affiliated arts,culture,and heritage organizations across the Brazos Valley through funding,promotion,advocacy,and partnership-building programs.In addition,the Arts Council facilities are available for use free of Page 108 of 512 charge to all affiliates during regular business hours (Monday-Friday,9 am-5 pm, Saturday,1 pm-4 pm)and used by many of these groups monthly. ●The Arts Council continued to assist with organizing the Brazos Valley Museum Collective and the Brazos Valley Theatre Collective.Both groups meet regularly and work collaboratively on planning and promoting their shows and engaging in shared marketing endeavors. ●Due to our in-house public relations efforts,the Arts Council and our affiliates are regularly covered in Insite Brazos Valley Magazine,The Eagle,and on local news stations. ●During Q3,the Arts Council continued the professional development workshop program by hosting Effective Marketing &Branding,a workshop taught by Elease Hill of Insite Brazos Valley Magazine on May 25th at 5 pm in the Arts Council’s conference room.The Arts Council started planning the next workshop to take place in Q4:“Prepared for the media,”led by Scott DeLucia of The Infomaniacs at Bryan Broadcasting’s WTAW.With plans in the works for a HOT Funds workshop to follow at the end of the year.Past developments include providing free workshops to our affiliates on topics such as board development, sponsorship,government relations,governance,grant-writing assistance, relationship management,marketing,and event planning. Art in Public Places ●The Arts Council curates multiple Community Galleries at Large. Featuring 29 outdoor sculptures and over thirty art benches,the Public Art program is supported by local business partners and the cities of College Station and Bryan.This program aesthetically improves and fosters appreciation of the role of the arts in our community. ●One Gallery at Large inside the building of The Brazos Valley Council of Government hosted a show of artwork from the Arts Council’s personal collection. ●The Community Gallery-at-Large space at College Station City Hall re-opened to feature artwork by Benjamin Knox. The opening reception and ribbon cutting for the community exhibit happened on June 26th.Members of the BCS Chamber of Commerce,City of College Station City Hall staff,and of the community were all invited to meet the artist,enjoy refreshments,and witness the artwork and a live sketch demonstration from the artist. ●The City of Bryan gallery space continued to host a show of artwork by studio artist Coleen Bradfield. ●The Brazos Valley Plastic Surgery space continues to host a show of artwork by studio artist Coleen Bradfield. ●Century 21 is the Arts Council’s newest Community Gallery at Large.The space has been completed featuring work by Clayton Bever,and began hosting work from Coleen Bradfield in June. Page 109 of 512 ●Hand of God by local artist John Magee continues to attract crowds to the ArtFill installation site in Downtown Bryan. ●The Arts Council completed its pop-up gallery located at Lake Walk.This community gallery showcased local artists and served as a gallery where visitors were encouraged to purchase art from various artists from the surrounding area. The opening for the Lake Walk gallery took place during Q2 on February 23rd. Community Events ●On the weekend of May 5th,Arts Council staff,board,and volunteers participated in Messina Hof’s Spring Release Dinner and Auction as part of their annual Wine &Roses Festival.The Arts Council coordinated and was the benefit recipient of the silent auction held during the dinner.Arts Council volunteers helped with soliciting and administering the voting for the festival’s Wine Label Competition. This competition,organized annually by the Arts Council and Messina Hof,is open to artists statewide and provides cash prizes to the top three participants. The winning artwork,this year that of artist Neena Buxani,is used in the label for a future Messina Hof wine bottle. ●On April 14th,the Arts Council attended the Brazos Valley Hospitality Association’s Spring 2023 Luncheon at the Legends Event Center.During this luncheon,Dr.Brian King,TAMU Department Head &Professor of Hospitality, Hotel Management &Tourism,provided an overview and update on the new Hospitality,Hotel Management &Tourism program at TAMU that will begin in Fall 2023. ●The Arts Council arranged and attended City Council Scholarship Proclamations for three scholarship recipients in Q3.College Station Mayor John Nichols presented a scholarship proclamation during a College Station City Council meeting for the CISD student.Bryan Mayor Bobby Gutierrez gave the other two in the City of Byan’s Council chambers for the Bryan ISD students.The Arts Council plans to attend the August City of Franklin Council Meeting for the scholarship proclamation of the Franklin ISD student scholarship recipient. ●Working with the City of College Station,we also continued the College Station Artist in Residence program,featuring artist Monika Pate.beganMonika Pate her residency in Q4 of FY22 and will continue into the next quarter. ●Working with the City of Navasota,the Arts Council welcomed Sarah Gomez in Q3 as the Navasota Artist in Residence.Throughout her residency,Sarah has participated in multiple community events.Sarah unveiled her exhibit,Pink Blanket,at her opening reception and ribbon-cutting ceremony and was welcomed by the community and Navasota Grimes County Chamber of Commerce.Sarah participated in Navasota’s Freedom Festival,met with the garden club at the Horlock House,and interviewed multiple times with radio and tv stations. ●Working with the City of Bryan,we continued the Bryan Artist in Residence program with artist Amanda Sisk.In Q3,Amanda participated in First Friday in downtown Bryan,led a Relief Sculpture Workshop for the Diocesan Summer Music Camp at Saint Andrew’s Episcopal Church in Bryan,and prepared for her Page 110 of 512 adult art class workshop,titled Intro to Relief Sculpture,which will take place at the Arts Council every Saturday,July 8-August 5. ●The Arts Council partnered with Messina Hof in a call for entry for artists to submit their work in their annual wine label competition as part of the Wine & Roses Festival.A jury scores all submissions,and the top ten are then displayed at the annual event’s Spring Release Wine Dinner,which took place in Q3.There were a total of 101 ●Arts Council Executive Director continues to serve as ex-officio of the Brazos Valley Hospitality Association,member of the Intergovernmental Committee, advisor of the Texas A&M Academy of Visual and Performing Arts,guest of Brazos Valley Economic Development Corporation,and a board member of B-CS Sister Cities International Board.The Arts Council Executive Director serves as an ex-officio member of the Brazos Valley Hospitality Association Board. ●In Q3,planning began for the Arts Council’s annual Community Art Day event, which will be held in Q4 on August 5th,2023.This is a free event where members of the community are invited to the Arts Council to partake in various art projects -involving the usage of leftover summer camp supplies -refreshments,and sweet treats,exposure to Arts Council exhibits and programs,and overall community engagement.Through this program,the Arts Council aims for the community to immerse themselves in free,accessible art exercises to aid in artistic,mental,and emotional betterment. Page 111 of 512 EXHIBIT D Certificates of Insurance Contract No. 24300021 Arts Council of Brazos Valley HOT Fund Form Revised 08-15-22 17 Page 112 of 512 09/06/2023 Wm. Albert Miller Agency 220 E. Washington Avenue P. O. Drawer 31 Navasota TX 77868 (936) 825-6789 Markel Insurance Co Philadelphia Indemnity Insurance Co Arts Council Brazos Valley PO Box 10626 College Station TX 77842- Bert Miller bertmiller@milleragencyinc.com (936) 825-6790 X X PHPK2520214B 02/16/2023 02/16/2024 1,000,000 100,000 5,000 1,000,000 2,000,000 1,000,000 X X PHPK2520214B 02/16/2023 02/16/2024 1,000,000 MWC0045351-11A 02/16/2023 02/16/2024 X 1,000,000 1,000,000 1,000,000 Property PHPK2520214B 02/16/2023 02/16/2024 Business Property 100,000 Collections-others 150,000 Collections- ACBV 75,000 Certificate holder listed as additional insured and waiver of subrogation with regard to general liability and workers compensation coverages. GL coverage is primary & non-contributory and 30-day notice of cancellation applies. AI 002351 Att: Risk Management PO Box 9906 College Station TX 77842- City of College Station ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS 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 # 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 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 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE Page 113 of 512 October 12, 2023 Item No. 7.4. Funding Agreement - Aggieland Humane Society Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a resolution authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $276,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the resolution funding in the amount of $276,000 to the Aggieland Humane Society, Inc. Summary: As part of the 2023-2024 budget process The City Council approve funding for Aggieland Humane Society, Inc. in the amount of $276,000. An Animal Shelter Services Agreement, contract number 22300511, for services provided by the Aggieland Humane Society, Inc. was approved on May 26, 2022. The FY24 funding level is based on the animal shelter determination of the estimated cost to the City of College Station for providing the contracted services. Budget & Financial Summary: Funds are available and budgeted in the General Fund for this agreement. Payments are made in the amount of $276,000, to be payable in 12 equal installments of $23,000. Attachments: 1. Aggieland Humane Society Resolution - FY24 Page 114 of 512 RESOLUTION NO.___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS AUTHORIZING ANNUAL EXPENDITURE TO THE AGGIELAND HUMANE SOCIETY, INC. FOR ANIMAL SHELTER SERVICES PROVIDED TO THE CITY OF COLLEGE STATION BY THE AGGIELAND HUMANE SOCIETY, INC. WHEREAS, the City of College Station entered into an Agreement for Animal Shelter Services with the Aggieland Humane Society, Inc. on May 26, 2023. WHEREAS, Article 5 of the Agreement says the City shall pay a fee for Animal Shelter Services to be established annually by separate resolution; now, therefore, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Part 1:That the City Council of the City of College Station authorize the expenditure for Fiscal Year 2023-2024 in the amount of $276,000.00, to be payable in 12 equal installments of $23,000.00. Part 2:That funds are budgeted and available in the Fiscal Year 2023-2024 Approved Budget in the General Fund. Part 3:That this resolution is to be effective for the 2023-2024 Fiscal Year from October 1, 2023 – September 30, 2024. Part 4:That this resolution shall take effect immediately from and after its passage. ADOPTED this _________ day of _____________________, A.D. 2023. ATTEST: APPROVED: ______________________________ ____________________________ City Secretary Mayor APPROVED: ______________________________ City Attorney Page 115 of 512 October 12, 2023 Item No. 7.5. Funding Agreement - Amber Alert Network Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Amber Alert Network Brazos Valley for FY24 in the amount of $5,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for the Amber Alert Network Brazos Valley in the amount of $5,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 General Fund. Attachments: 1. 24300022 Amber Alert Page 116 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 117 of 512 Contract No.24300022 Funding Agreement- General Fund CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF GENERAL FUNDS WITH AMBER ALERT NETWORK BRAZOS VALLEY This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation (“City”) and Amber Alert Network Brazos Valley a Texas Nonprofit Corporation (“Agency”). WHEREAS, Amber Alert has the objective of providing emergency messaging including utilization of various communication devices including road signs, cellphones, television, etc. to advise and gather information throughout Texas, the United States and beyond when a child has been abducted or is otherwise in imminent danger; and WHEREAS, City finds it to be in the best interest of the general public and citizenry to support such efforts; and WHEREAS, the City desires to assist Agency by providing funding under the terms and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Amber Alert Network Brazos Valley a Texas Nonprofit Corporation 1.2 City means the City of College Station, County of Brazos, and the State of Texas. 1.3 Amber Alert Services includes any and all costs including personnel and equipment directly related to the Statement of Work set forth in this Agreement. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the term of this Agreement, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements and audit reports and other relevant financial information relating to the funding provided by City. 1.6 Program Period. October 1, 2023, through September 30, 2024. 1.7 Statement of Work. The description of Agency services for which the City funding will be used and as described in this Agreement. 1 Page 118 of 512 Contract No.24300022 Funding Agreement- General Fund ARTICLE II STATEMENT OF WORK 2.1 General. The Statement of Work for Agency is as follows: Agency provides emergency messaging including utilization of various communication methods and devices including road signs, cellphones, television, other data-related devices, etc. to share and gather information from the general public throughout Texas, the United States and beyond when a child has been abducted or is otherwise in imminent danger; and builds partnerships with and funds working with various law enforcement agencies as appropriate in fulfilling its mission as described. The Agency provides the personnel and equipment necessary in fulfilling its mission. 2.2 Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City. ARTICLE III PAYMENT 3.1 For and in consideration of the activities satisfactorily performed by Agency under this Agreement, City shall provide funding in the amount of FIVE THOUSAND DOLLARS AND 0/100 CENTS ($5,000) from the City’s General Fund. The appropriated funds shall be used during or for the period of October 1, 2023, to September 30, 2024. 3.2 Annual Payment from City to Agency will be made within Sixty (60) days from the Effective Date of this Agreement but not before commencement of the Program Period. ARTICLE IV RECORDS AND REPORTS 4.1 Financial Records. Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of City funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. 4.2 Written Records. Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files, or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this 3-year period and for as long as the records are retained by Agency. 4.3 Access to Records. Agency shall provide the City reasonable access during regular business hours to books, accounts, records, reports, files, or other papers related to this Agreement belonging to or in use by Agency. Upon written request of the City, or City Manager, Agency shall make such financial records available for inspection and review by the party making the 2 Page 119 of 512 Contract No.24300022 Funding Agreement- General Fund request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Tex. Gov’t Code, §552, as amended. 4.4 Financial Activity Report. The Financial Activity Report from Agency to City must be timely completed and received within Sixty (60) days from the end of the term of this Agreement. The Financial Activity Report must show how City funds were spent must be timely completed and received otherwise Agency agrees to reimburse City within Sixty (60) days from written notice of same. Agency shall respond promptly to any request from the City Manager, or his designee, for additional information relating to the activities performed under this Agreement. 4.5 Financial Audit. A copy of the Agency financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.6 Monitoring Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how that review is to be conducted. 4.7 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time, and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of a special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public including but not limited to the Agency’s website. 5.2 Minutes. Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. 5.3 Appointees. The City shall have the option to recommend up to three (3) appointees for any vacancies that occur on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. 3 Page 120 of 512 Contract No.24300022 Funding Agreement- General Fund ARTICLE VI TERM AND TERMINATION 6.1 Term. This Agreement begins upon the approval of both parties and terminates upon fulfillment of the obligations of the parties herein. Only those expenditures authorized under the Statement of Work, which are actually incurred during or for the Program Period for personnel and equipment are eligible for funding herein, and ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated by either party for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated and Agency shall have no right or legal recourse with respect to the funding. (c) Breach. Upon advance written notice of the breach and after a Sixty-day period to cure, the non-breaching party may terminate this Agreement. (d) Reimbursement. In the event this Agreement is terminated by either party pursuant to §6.2. a City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified hereinabove up to the amount of the funding contracted for herein. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in the Statement of Work. 6.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of either of the following events: (a) The termination of the legal existence of Agency; or (b) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors. 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4 Page 121 of 512 Contract No.24300022 Funding Agreement- General Fund 6.5 Financial Activity Report upon Termination. Upon termination of this Agreement for any reason, Agency will provide City within Sixty (60) days, a full accounting of all expenditures not previously reviewed by City in the same form as the Financial Activity Report but covering only the program period during which this Agreement was in effect. 6.6 Refund of Funds. In the event that this Agreement is terminated Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty Sixty (60) days after termination of this Agreement or within Sixty (60) days from City’s written request. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this 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 Agency, or any third party. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. ARTICLE VIII INSURANCE (this section left intentionally blank) 5 Page 122 of 512 Contract No.24300022 Funding Agreement- General Fund ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization relating to the Statement of Work. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments relating to the Statement of Work for which City funds are used. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee, or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in the Statement of Work shall be the responsibility of 6 Page 123 of 512 Contract No.24300022 Funding Agreement- General Fund Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 7 Page 124 of 512 Contract No.24300022 Funding Agreement- General Fund 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Amber Alert Network Brazos Valley Attn: Charles R. Fleeger P O Box 9282 College Station, Tx 77842 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott Israel. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. 8 Page 125 of 512 Contract No.24300022 Funding Agreement- General Fund List of Exhibits: A. Financial Activity Report B. Certificates of Insurance CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: ___________ 9 Page 126 of 512 EXHIBIT A Financial Activity Report Contract No. 24300022 Funding Agreement - General Fund 10 Page 127 of 512 Page 128 of 512 Page 129 of 512 Page 130 of 512 Page 131 of 512 EXHIBIT B Certificates of Insurance Contract No. 24300022 Funding Agreement - General Fund 11 Page 132 of 512 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/7/2023 (979) 764-8444 (979) 764-7603 26522 Amber Alert Network Brazos Valley P.O. Box 9282 College Station, TX 77842 A 1,000,000 NPP2574687C 6/30/2023 6/30/2024 100,000 5,000 2,000,000 City of College Station 1101 Texas Ave College Station, TX 77842 AMBEALE-01 CTREJO Dexter & Company of Central Texas, Inc. 4030 Highway 6 S. Ste. 310 College Station, TX 77845 Carina Barnes ctrejo@dextercompany.com Mount Vernon Fire Insurance Company X X X Page 133 of 512 October 12, 2023 Item No. 7.6. Funding Agreement - Brazos Valley EDC Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Brazos Valley Economic Development Corporation for FY24 in the amount of $350,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for the Brazos Valley Economic Development Corporation in the amount of $350,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 General Fund. The full amount of $350,000 is to be used for operations and maintenance. Attachments: 1. 24300023 BV Econ Dev Page 134 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 135 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF GENERAL FUNDS WITH BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation (“City”) and the BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION a Texas Non – Profit Corporation (“Agency”). WHEREAS, City has the objective of promoting and facilitating activities that enhance the economic base of College Station through attraction, creation, expansion and retention of business and industry, focusing on value added to local resources and manufacturing; and WHEREAS Agency through its purpose shares this common goal with the City; and WHEREAS the City desires to assist Agency promoting economic development; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree, and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Brazos Valley Economic Development Corporation, a Texas Non-Profit Corporation. 1.2 City means the City of College Station, County of Brazos, and the State of Texas. 1.3 Contract Quarter means any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements, and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. Page 136 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 2 1.8 Event includes but is not limited to any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. ARTICLE II STATEMENT OF WORK 2.1 Agency is responsible for promoting and facilitating activities that enhance the economic base of Brazos County through attraction, creation, expansion and retention of business and industry, focusing on value added to local resources and manufacturing. 2.2 Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City. ARTICLE III PAYMENT 3.1 For and in consideration of the activities satisfactorily performed by Agency under this Agreement, City shall provide funding in the amount of THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 CENTS ($350,000.00) from the City’s General Fund. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. Payment will be made in eleven monthly installments of $29,166.67 and the twelfth payment will be $29,166.63. 3.2 Monthly Payments (with the exception of the first four (4) monthly installments hereunder) will be dependent upon the City receiving all reports required herein from the Agency no later than thirty (30) days after the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year). 3.3 City may withhold further payments and allocations if City determines Agency’s expenditures materially deviate from their Statement of Work or if reports required herein are not submitted in a complete and timely manner. ARTICLE IV RECORDS AND REPORTS 4.1 Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. 4.2 Written Records. Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files, or other Page 137 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 3 documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this 3-year period and for as long as the records are retained by Agency. 4.3 Access to Records. Agency shall provide the City reasonable access during regular business hours to books, accounts, records, reports, files, or other papers related to this Agreement belonging to or in use by Agency. Upon written request of the City, or City Manager, Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Tex. Gov’t Code, §552, as amended. 4.4 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report Agency shall respond promptly to any request from the City Manager, or his designee, for additional information relating to the activities performed under this Agreement. 4.5 Reports. The Financial Activity Reports, Performance Measure Reports, and Narrative Summary of Activity Reports shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th April 30th; July 30th, and October 30th of each contract year). 4.6 Financial Audit. A copy of the Agency financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.7 Monitoring Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how that review is to be conducted. 4.8 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time, and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of a special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available Page 138 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 4 to the public seventy-two (72) hours before the meeting at a location accessible to the public including but not limited to the Agency’s website. 5.2 Minutes. Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. 5.3 Appointees. The City shall have the option to recommend up to three (3) appointees for any vacancies that occur on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins October 1, 2023, and terminates at midnight October 31, 2024. However, the program period shall begin October 1, 2023, and terminates at midnight September 30, 2024. Only those expenditures authorized under the Statement of Work, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified hereinabove. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within thirty (30) days, a full accounting of all expenditures not previously reviewed by City (2) Within five (5) business days, a listing of expenditures that have occurred since the last required reporting period Page 139 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 5 (3) A final accounting of all expenditures on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency. (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors. (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach. (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of such breach. 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of Page 140 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 6 litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. Page 141 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 7 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. Page 142 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 8 (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required. (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in Article II above. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee, or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Page 143 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 9 Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. Page 144 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 10 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Brazos Valley Economic Development 1716 Briarcrest Drive, Suite 714 Bryan, Texas 77802 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed, and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade Page 145 of 512 Contract No 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 11 association; and ii) will not discriminate during the term of the Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: ___________ Page 146 of 512 Permanently Restricted REVENUES, GAINS, AND OTHER SUPPORT Contributions ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Capital campaign ‐ ‐ ‐ ‐ Equipment acquisition ‐ ‐ ‐ ‐ Endowment ‐ ‐ ‐ ‐ Other ‐ ‐ ‐ ‐ Federal financial assistance ‐ ‐ ‐ ‐ Program service fees ‐ ‐ ‐ ‐ Investment return ‐ ‐ ‐ ‐ Change in value of split‐interest agreement ‐ ‐ ‐ ‐ Other ‐ ‐ ‐ ‐ Net assets released from restrictions ‐ ‐ ‐ ‐ Expiration of time restrictions ‐ ‐ ‐ ‐ Restrictions satisfied by charitable lead trust ‐ ‐ ‐ ‐ Restrictions satisfied by payments ‐ ‐ ‐ ‐ TOTAL REVENUES, GAINS, AND OTHER SUPPORT EXPENSES ‐ ‐ ‐ ‐ Program services ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Supporting services ‐ ‐ ‐ ‐ Management and general ‐ ‐ ‐ ‐ Fund‐raising ‐ ‐ ‐ ‐ TOTAL EXPENSES ‐ ‐ ‐ ‐ CHANGE IN NET ASSETS ‐ ‐ ‐ ‐ NET ASSETS AT BEGINNING OF YEAR ‐ ‐ ‐ ‐ NET ASSETS AT END OF YEAR ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Exhibit A Statement of Financial Activities ‐ Non‐Hotel Tax Unrestricted Temporarily Restricted For the Quarter Beginning _________________ and Ending ________________ Outside Agency:________________________________________ Total Page 147 of 512 Brazos Valley Economic Development Corporation Statement of Financial Position As of August 31, 2023 Accrual Basis Thursday, September 7, 2023 11:45 AM GMT-05:00 1/1 TOTAL ASSETS Current Assets Bank Accounts 1110 Checking # 324988501 16,052.09 1130 Savings #322092819 1,585,050.01 1150 Truist-ED Account 58,148.13 1151 Truist - xxx6095 195,638.90 1160 CDs 1,253,555.16 Total Bank Accounts $3,108,444.29 Accounts Receivable 1200 Accounts Receivable 78,016.00 Total Accounts Receivable $78,016.00 Other Current Assets 1210 Prepaid Expenses 37,972.56 Total Other Current Assets $37,972.56 Total Current Assets $3,224,432.85 Fixed Assets 1400 Fixed Assets 1405 Furniture, Fixtures & Eqpt.115,846.54 1490 Accumulated Depreciation -89,992.49 Total 1400 Fixed Assets 25,854.05 Total Fixed Assets $25,854.05 TOTAL ASSETS $3,250,286.90 LIABILITIES AND EQUITY Liabilities Current Liabilities Credit Cards $12,041.43 Total Current Liabilities $12,041.43 Total Liabilities $12,041.43 Equity $3,238,245.47 TOTAL LIABILITIES AND EQUITY $3,250,286.90 Page 148 of 512 Bank accounts Prosperity Checking 16,052.09$ Prosperity Money Market 1,585,050.01 TRUIST Savings 58,148.13 TRUIST Savings 195,638.90 CD'S Amarillo National 250,000.00 Extraco 250,000.00 Frost 250,000.00 Guaranty 250,000.00 Truist 250,000.00 Accrued interest 3,555.16 1,253,555.16 Total Cash 3,108,444.29$ Restricted Cash: Zoetis 20,000.00$ Matica Bio 32,000.00 Economic Development 1,449,465.10 Total Restricted Cash 1,501,465.10$ Operating Cash 1,606,979.19$ BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION CASH SCHEDULE AS OF AUGUST 31, 2023 Page 149 of 512 Actual Budget over Budget % of Budget YTD Actual Annual Budget % of Budget Income 4100 Brazos County - OP $ 29,167 $ 29,167 $ (0)100.00% $ 320,833 $ 350,000 91.67% 4101 City of Bryan - OP 29,167 29,167 (0)100.00% 320,833 350,000 91.67% 4102 City of College Station - OP 29,167 29,167 - 100.00% 320,833 350,000 91.67% 4103 TAMU Partnership - - 350,000 350,000 100.00% 4104 Invest Brazos Valley 8,000 29,167 (21,167)27.43% 294,750 350,000 84.21% 4119 International Gateway - 1,250 (1,250)0.00% 7,500 15,000 50.00% 4124 Business Summit 3,333 (3,333)0.00% - 40,000 0.00% 4185 TCE - Mkt 5,000 5,000 - 100.00% 55,000 60,000 91.67% 4190 TDAMC DOD Award 5,208 (5,208)0.00% 62,500 62,500 100.00% 4200 Interest Income - Operating 9,744 208 9,536 4677.19% 66,912 2,500 2676.49% Total Income 110,244 131,667 (21,423)83.73% 1,799,162 1,930,000 93.22% Expenses 5000 Meeting Expenses 81 583 (502)13.89% 1,820 7,000 26.01% 5010 Conferences/Training - 2,917 (2,917)0.00% 32,740 35,000 93.54% 5100 Memberships 653 4,500 (3,847)14.51% 22,694 54,000 42.03% 5200 Technology 5,689 2,500 3,189 227.56% 23,053 30,000 76.84% 5300 Professional Services 2,085 4,333 (2,248)48.12% 34,657 52,000 66.65% 5400 Office Expenses 11,144 8,560 2,584 130.18% 77,034 102,722 74.99% 5500 Posting & Shipping - 42 (42)0.00% - 500 0.00% 5550 Printing Costs - 83 (83)0.00% - 1,000 0.00% 5600 Administration Costs 52,744 68,076 (15,332)77.48% 655,858 816,917 80.28% 5700 Bus Dev/Mtkg-Hunting 21,885 62,833 (40,948)34.83% 402,817 754,000 53.42% 5900 Business Ins - 292 (292)0.00% 2,087 3,500 59.63% 5970 Strategic Plan Implementation 4,167 (4,167)0.00% - 50,000 0.00% Total Expenses 94,281 158,887 (64,606)59.34% 1,252,760 1,906,639 65.71% Other Income - - - 50,000 - #DIV/0! New Venture Competition - - - 5,000 - #DIV/0! Executive Search - . - 0.00% 25,584 - #DIV/0! Net Income $ 15,963 $ (27,220) $ 43,183 -58.64% $ 565,818 $ 23,361 2422.06% August 2023 Brazos Valley Economic Development Corporation Budget vs. Actuals: FY23 Budget - FY23 P&L AUGUST 2023 Page 150 of 512 Brazos Valley Economic Development Corporation A/R Aging Summary As of August 31, 2023 Thursday, September 7, 2023 11:40 AM GMT-05:00 1/1 CURRENT 1 - 30 31 - 60 61 - 90 91 AND OVER TOTAL Axle Box 250.00 750.00 $1,000.00 Bank of B/CS 2,500.00 $2,500.00 CEO Technologies 250.00 $250.00 Cervantez Construction 250.00 $250.00 City of Bryan 29,166.00 $29,166.00 Civil Engineering Consultants 2,500.00 $2,500.00 Cotton Global Disaster Solutions 2,500.00 $2,500.00 Exosent Engineering, LLC 2,500.00 $2,500.00 G & A Partners 5,000.00 $5,000.00 Greater Brazos Valley Builders Association 1,250.00 $1,250.00 Hernandez Law Firm 50.00 $50.00 Heuristech USA 1,500.00 6,000.00 $7,500.00 Inhabit Real Estate Group 5,000.00 $5,000.00 Joeris General Contractors 5,000.00 $5,000.00 Johnson Controls, Inc.2,500.00 $2,500.00 Newman Printing Company 2,500.00 $2,500.00 PlanNorth Architectural Co.1,250.00 $1,250.00 Riverstone Commercial Real Estate 1,000.00 $1,000.00 SpawGlass 2,500.00 $2,500.00 Texas Hotel Management 1,250.00 $1,250.00 Wyndham Garden College Station 50.00 $50.00 Yates Construction 2,500.00 $2,500.00 TOTAL $35,916.00 $0.00 $15,000.00 $250.00 $26,850.00 $78,016.00 Page 151 of 512 Exhibit B Narrative Summary of Activity Report Please provide a narrative summary of the quarterly activities funded by the City of College Station. Including a year-to-date summary of City-funded programming elements would also be beneficial. Use additional sheets if more space is needed. Conract No. 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 13 Page 152 of 512 BUDGET NARRATIVE FOR THE CITY OF COLLEGE STATION - FY 2023-2024 SUMMARY The attached budget for FY 2023-2024 represents no increase in the budget request from our Category I Funding Partners of $350,000 each. The Category I Funding Partners for 2021-2022 were the Cities of College Station and Bryan as well as Brazos County and Texas A&M University. Invest Brazos Valley (IBV) income is a projection of anticipated income from the private sector due to re-engagement of private sector industry and business. This $350,000 is consistent with the 2022-2023 budget year. Payroll and all associated costs for personnel for 2022-2024 were originally budgeted slightly higher than they were in 2021-22. There are three current vacancies that still remain, including the recently Board-approved Research Analyst, Special Projects position. The current vacant and temporarily-filled positions are noted on the attached organizational chart, are included in the FY24 proposed budget, and are not anticipated to increase the budgeted expenditures from 2022-2023. FUTURE PROJECTIONS The Brazos Valley Economic Development Corporation does not expect to increase its request for funding in the years 2025 and 2026. Our approach is to continue working collaboratively with both cities, the County, Texas A&M University, and other educational partners on economic growth by retaining and expanding the businesses we have, while seeking--in cooperation with our partners--targeted businesses that the community would like to recruit. Our work will continue with a concerted effort for coordination with all business-related entities in the community. Page 153 of 512 EXHIBIT C Performance Measures Conract No. 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 14 Page 154 of 512 NARRATIVE Activities of Brazos Valley Economic Development Corporation (APR - JUNE 2023) Due June 30, 2023 SUMMARY ●The BVEDC is rebuilding the permanent team. o As of June 2023, temporary staff still includes Mike Rollins (Interim CEO/President) and Ashley Craddock (Temporary Officer Manager). o Charles (Chuck) Martinez (Chief Business Development Officer) and James Kesler (Research Analyst),are both permanent staff. James joined the team in May 2023 o Current staff continued reconciling and organizing data, information, and project details from the Oct-Dec period (Q1) that was overseen by former staff. o The President and CEO role has been filled by Susan Davenport. Susan will start on July 10, 2023. o The Office Manager position is expected to be permanently filled with the chosen candidate finalists within the next 30 days. EXECUTIVE MANAGEMENT ●Coordinated agenda and backup information for monthly BVEDC Executive Committee and Board of Directors meetings. ●Continued coordination with Texas A&M Private Enterprise Research Center to publish a monthly Economic Indicators and Business Cycle Index Report. ●Proactively and consistently recruited companies and nurtured local relationships. BUSINESS DEVELOPMENT ●Leads o April: 3 o May: 15 o June: 8 ●Prospects o April: 1 o May: 5 o June: 6 ●Hot Prospects o April: 1 o May: 1 o June: 4 Page 155 of 512 ●Innovation/Entrepreneurship ▪Ongoing coordination with Texas A&M Engineering Experiment Station, DesignSpark Innovation Center, Texas A&M University’s McFerrin Center for Entrepreneurship, and Brazos Valley Small Business Development Center. MARKETING & COMMUNICATIONS ●Website and Social Media o Temporary staff continued updating information and images throughout the BVEDC website while awaiting backfilling of Marketing and Communications staff. o New editions of the “Economic Indicators of the College Station-Bryan MSA” report were added monthly. o All other duties temporarily on hold, awaiting potential new staff. Page 156 of 512 EXHIBIT D Certificates of Insurance Conract No. 24300023 Brazos Valley EDC General Fund Form Revised 08-15-22 15 Page 157 of 512 Page 158 of 512 Page 159 of 512 Page 160 of 512 Page 161 of 512 Page 162 of 512 Page 163 of 512 October 12, 2023 Item No. 7.7. Funding Agreement - BCS Chamber of Commerce Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY24 in the amount of $25,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for the Bryan/College Station Chamber of Commerce in the amount of $25,000 for the annual banquet and Economic Outlook Conference. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 Hotel Occupancy Tax Fund. State law requires that the City Council adopt the budget of any organization that is to be funded through Hotel Tax revenue. The Bryan/College Station Chamber of Commerce budget is included in the Attachments. Attachments: 1. 24300025 Chamber of Comm Page 164 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 165 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH BRYAN/COLLEGE STATION CHAMBER OF COMMERCE D/B/A BRYAN/COLLEGE STATION CHAMBER OF COMMERCE This Funding Agreement is made between the City of College Station, a Texas Home Rule Municipal Corporation (“City”), and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE D/B/A BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, a Texas Non-Profit Corporation (“Agency”). WHEREAS Texas Tax Code §§351.002 and 351.003(a) authorize City to levy by ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of College Station of seven percent (7%); and WHEREAS Tax Code §351.101(a) authorizes and limits the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry; and WHEREAS Agency is well equipped to perform those activities as referenced in Tax Code §351.101 (a); and WHEREAS Tax Code §351.101(c) authorizes City to delegate by contract with Agency; as an independent entity, the management or supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree, and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Bryan/College Station Chamber of Commerce d/b/a Bryan/College Station Chamber of Commerce, a Texas Non-Profit Corporation to which the City has delegated the management or supervision of programs and activities funded with Hotel Tax Revenue. 1.2 City means the City of College Station, in the County of Brazos, and the State of Texas. 1.3 Contract Quarter refers to any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a Page 166 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 2 summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements, and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service that are being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. 1.8 Event includes but is not limited to: any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. 1.9 Expenditure Report means a quarterly report listing the expenditures made by the Agency with Hotel Tax Revenue pursuant to Tax Code §§351.101 and 351.108. 1.10 Hotel Tax Revenue means the gross monies collected and received by City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Tax Code 351.003 (a) and City Ordinance. Hotel Tax Revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. 1.11 Reimbursement Request Form means the form documenting and certifying expenses incurred within each quarterly reporting period by Agency to be submitted to the City on the form attached herein as Exhibit E. ARTICLE II HOTEL TAX REVENUE PAYMENT 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) for services and expenditures as referenced in Article III of this Agreement. Operating expenses eligible under Hotel Tax regulations will be considered for reimbursement provided the following: a. the City receives the Reimbursement Request Form, and. b. funds are available. Payment will be made annually as a reimbursement for services and expenditures already incurred by Agency. Agency shall submit its application for reimbursement to the City, along with supporting documentation and the City shall reimburse Agency for its services no later than thirty (30) calendar days from Page 167 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 3 the date of the City’s receipt and the City’s approval of the application for reimbursement. c.No funds will be reimbursed until City receives the Reimbursement Request Form along with all required receipts, bills, payroll records, canceled checks and other proofs of expenditures, as determined by City, in its sole discretion. The final request for reimbursement must be received by City on or before September 30, 2024. After that date, unexpended funds may be reallocated. Unexpended funds will remain in the possession of the City. 2.2 Other limitations regarding consideration. a.It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of City. b.City may withhold further payments and allocations if City determines Agency’s expenditures deviate from their approved budget subject to §4.1 or if the reports. required herein are not submitted in a complete and timely manner. ARTICLE III USE OF HOTEL TAX REVENUE 3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed payments of Hotel Tax Revenue specified above, Agency agrees to use such Hotel Tax Revenue for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms as authorized by Tax Code §351.101(a). (a) Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City to promote tourism and the convention and hotel industry. 3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in fulfilling a purpose described in §3.1. 3.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of Agency for which Hotel Tax Revenue may be used shall not exceed that portion of Agency’s administrative costs actually incurred in conducting the activities specified in §3.1. Page 168 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 4 (b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. (c) Agency will provide events throughout the fiscal year, including the Economic Outlook Conference and Annual Banquet, at local hotel and conference facilities. Costs associated with these events related to the hotel and conference facilities and the promotion of these facilities will be eligible for reimbursement. Eligible expenses shall include rental of hotel and conference facilities as well as catering costs associated with these events. Agency will also provide services to visitors and potential visitors to the community providing information about local events and promotions for visitors to the community. This includes providing directions and promotional materials for local hotels and tourist destinations. Costs associated with these promotions will be eligible for reimbursement from Hotel Tax funds. (d) In addition to events listed in 3.3 (c) Agency will also provide the benefits listed in Exhibit F of this Funding Agreement. (e) Hotel Tax Revenue may not be spent for the purchase or serving of alcoholic beverages. ARTICLE IV RECORDKEEPING AND REPORTING REQUIREMENTS 4.1 Budget. (a) Before Agreement execution, Agency shall submit to the City Manager of City or the City Manager’s designee, an annual budget to be approved by the City Council for each fiscal year, for such Agency operations funded by Hotel Tax Revenues. This budget shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency. City should be able to audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the College Station City Council. Approval of the budget by the City Council shall not preclude the Agency from reasonably reallocating funds within the budget among line items to meet changing conditions. Such reallocation shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 6.2. (b) Agency acknowledges that the approval of such budget by the College Station City Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to Agency under this Agreement. Agency shall expend Hotel Tax Page 169 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 5 Revenue only in the manner and for the purposes specified in this Agreement, Tax Code §351.101(a), and in the budget as approved by City. 4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a separate account, or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted funds for audited financial purposes. 4.4 Records Inspection. Upon written request of the City Council, City Manager, or their designee; Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Texas Government Code, Chapter 552, as hereafter amended. 4.5 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report (d) Expenditure Report Agency shall respond promptly to any request from the City Manager of City, or the City Manager’s designee, for additional information relating to the activities performed under this Agreement. 4.6 Reports. The Financial Activity Report, Performance Measure Report, Narrative Summary and Expenditure Report shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year.) 4.7 Financial Audit. A copy of the Agency’s annual financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.8 Monitor Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how and by whom that review is to be conducted. 4.9 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. Page 170 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 6 4.10 Records Retention. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this three (3) –year period and for as long as the records are retained by Agency. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Appointees. The City shall have the option to recommend three (3) appointees for any vacancy that occurs on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. 5.2 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public, including but not limited to the Agency’s website. 5.3 Minutes. Agency shall submit Board of Directors meeting and Executive Committee meeting minutes to the City within ten (10) days after approval of the minutes. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins on October 1, 2023, and terminates at midnight on October 31, 2024; however, the program period shall commence on October 1, 2023, and terminate at midnight on September 30, 2024. Only those expenditures authorized by Chapter 351 of the Tax Code which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. Page 171 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 7 (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified in hereinabove and that were approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §§3.1 through 3.6, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within ten (10) business days from the termination notification, a short- term budget of probable expenditures for the remaining sixty (60)-day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by City. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Tax Code and is within the current contractual period approved budget; the budget will be considered approved. (2) Within thirty (30) days, a full accounting of all expenditures not previously audited by City. (3) Within five (5) business days of a request from City, a listing of expenditures that have occurred since the last required reporting period. (4) A final accounting of all expenditures and tax funds on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §3.1 and §3.6 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: Page 172 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 8 (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of its breach of this obligation (3) The failure of Agency to submit a Quarterly Expenditure Report as required by Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of its breach of this obligation 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to return, refund, and reimburse any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded Page 173 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 9 hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII INSURANCE 8.1 The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. Page 174 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 10 (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee is required. (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and Page 175 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 11 (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in in this Agreement. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Interest. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. Page 176 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 12 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed Page 177 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 13 or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Bryan/College Station Chamber of Commerce Attn: Glen Brewer, President/CEO P.O. Box 3579 Bryan, Texas 77805 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed, and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. Page 178 of 512 Contract No 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 14 List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance E. Reimbursement Request Form F. Additional Benefits BRYAN/COLLEGE STATION CHAMBER OF COMMERCE CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: __________ Page 179 of 512 Exhibit A Statement of Financial Position Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 15 Page 180 of 512 Jul 31, 23 ASSETS Current Assets Checking/Savings Extraco Trust Account 70,797.42 Truist MM Account 69,452.59 Prosperity Bank CD 246,644.28 Amarillo National Bank MM 85,840.16 Extraco Savings Account 186.48 Frost Bank MM 151,934.22 Petty Cash 704.27 American Momentum CD 103,522.16 Extraco Bank CD 178,083.72 Guaranty Bank & Trust CD 102,634.53 First Financial-Building Fund 2,569.72 First Financial-Operating 244,585.66 First Financial-Payroll Act 5,324.42 Total Checking/Savings 1,262,279.63 Total Current Assets 1,262,279.63 Fixed Assets Land 710,130.25 Fixed Assets Furniture and Equipment 128,931.56 Leasehold Improvements 255,820.00 Accumulated Depreciation -301,383.00 Total Fixed Assets 83,368.56 Total Fixed Assets 793,498.81 TOTAL ASSETS 2,055,778.44 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 4.18 Total Accounts Payable 4.18 Other Current Liabilities Deferred Revenue TAMU Funding 6,113.40 Def Revenue - Leadership Progra 25,820.00 Def Revenue-Biz After Hours 2,000.00 Def Revenue-Banquet Table Sales 3,000.00 Def Revenue-Banquet Sponsorship 2,000.00 Def Revenue Health&Well Lunch 2,500.00 Def Revenue Contract Income 13,250.00 Def Revenue Mem. Bk/Lunch 6,890.00 Def-Ag Breakfast 630.00 Def Revenue-Unassigned 4,000.00 Def. LB Tuition 720.00 Total Deferred Revenue 66,923.40 Payroll Liabilities. United Way Contribution Payable 220.00 SUI Tax Payable -1.76 Pension Contribution Payable 1,782.76 Payroll Liabilities 80.54 FUTA Tax Payable 46.13 Total Payroll Liabilities.2,127.67 Accrued Office Expense 1,960.24 1:37 PM Bryan/College Station Chamber of Commerce 09/13/23 Balance Sheet Cash Basis As of July 31, 2023 Page 1 Page 181 of 512 Jul 31, 23 Total Other Current Liabilities 71,011.31 Total Current Liabilities 71,015.49 Total Liabilities 71,015.49 Equity Facility Reserves 28,925.49 General Unrestricted 1,703,908.15 Net Income 251,929.31 Total Equity 1,984,762.95 TOTAL LIABILITIES & EQUITY 2,055,778.44 1:37 PM Bryan/College Station Chamber of Commerce 09/13/23 Balance Sheet Cash Basis As of July 31, 2023 Page 2 Page 182 of 512 Oct '22 - Jul 23 Ordinary Income/Expense Income Contract Income 39,750.00 Annual Banquet Revenues Banquet Sponsorship 10,100.00 Banquet Table Sales 40,325.00 Banquet Ticket Revenue 11,030.00 Total Annual Banquet Revenues 61,455.00 Economic Outlook Conf Revenues 80,660.00 Founder's Night Revenue Founder's Night Admiss Revenue 10,400.00 Founder's Night Other Revenue 126.22 Founder's Night Sponsorship 36,750.00 Prior Year Founder's Night 100.00 Total Founder's Night Revenue 47,376.22 Glen Shepherd Seminar Revenues 10,024.00 Golf Tournament Revenues Golf Sponsorship 36,925.00 Prior Year Golf Tourney 21,610.19 Total Golf Tournament Revenues 58,535.19 Governmental Affairs Revenues B/CS Day (Austin/DC)63,463.78 Candidate Forum 1,000.00 Gvnmt Affairs Sponsorship 7,500.00 Total Governmental Affairs Revenues 71,963.78 Job Fair Revenues Job Fair Booth Fees 10,250.00 Job Fair Other Revenue 155.00 Job Fair Sponsorship 9,500.00 Total Job Fair Revenues 19,905.00 Leadership Div Revenues LBAA Anniv. Event 25,820.00 Jr LB Other Revenue 410.00 Jr LB Sponsorship Grants 23,301.80 Jr LB Tuition Fees 2,150.00 LB Other Revenue 1,509.75 LB Scholarship Grants 1,800.00 LB Tuition Fees 5,532.50 Total Leadership Div Revenues 60,524.05 Lobsterfest Revenues Lobsterfest Admissions 1,500.00 Lobsterfest Sponsorship 14,325.00 Prior Year LobsterFest 13,310.00 Total Lobsterfest Revenues 29,135.00 Membership Directory Revenues Directory Ad Revenue 17,445.00 Directory Add'l List Revenue 3,875.00 Mobile Upgrade Sales 4,300.00 Total Membership Directory Revenues 25,620.00 Membership Recruitment Membership Drive Sales 7,645.00 Total Membership Recruitment 7,645.00 10:03 AM Bryan/College Station Chamber of Commerce 09/08/23 Profit & Loss Cash Basis October 2022 through July 2023 Page 1 Page 183 of 512 Oct '22 - Jul 23 New Membership Sales Revenue New Dues-Sales 41,815.00 New Dues Admin Fee 105.00 Total New Membership Sales Revenue 41,920.00 Other Community Devlpmt Act Rev AG Breakfast Revenue 15,072.00 AG Buying Group/Crawfish Boil 54,344.58 Career Fair Revenue 7,295.00 Health & Wellness Sem/Luncheons 5,400.00 Water Cooler 5K 8,050.00 Total Other Community Devlpmt Act Rev 90,161.58 Other Membership Act Revenues Ambassador Revenue 1,904.62 Biz After Hours Sponsorship 16,000.00 Deluxe Ribbon Cutting 17,935.00 Inner Circle Fees 2,400.00 Inner Circle Sponsor 8,375.00 Mem Break/Lunch Revenue 33,340.00 Member product Sponsorship 2,000.00 New Member Brochure Advertising 2,000.00 Newsletter Advertising Revenue 10,130.00 Web Site Advertising Revenue 3,125.00 Website Enhancement 300.00 Total Other Membership Act Revenues 97,509.62 Other Revenues Certificates of Origin 474.00 Interest/Royalty Revenue 9,659.00 Other Income 952.99 Printed Material(Exempt)Revenue 75.00 Total Other Revenues 11,160.99 Other Special Project Revenues Special Events Registration 5,678.00 Special Events Sponsorship 22,383.00 Total Other Special Project Revenues 28,061.00 Renewal Dues 441,978.75 Taste of Aggieland Revenues TOA/Admission Fees 15,460.00 TOA/Booth Revenue 2,700.00 TOA/Sponsorship Revenue 12,889.90 TOA/Taxable Drinks 1,417.45 TOAOther Revenue 45.00 Total Taste of Aggieland Revenues 32,512.35 Tourism Revenues Tourism Funding/College Station 25,000.00 Total Tourism Revenues 25,000.00 Total Income 1,280,897.53 Gross Profit 1,280,897.53 Expense HOA Assessment 39.04 Earnest Money -7,000.00 Reconciliation Discrepancies -21.99 Annual Banquet Expenses Annual Banquet/Other Exp 25,263.76 10:03 AM Bryan/College Station Chamber of Commerce 09/08/23 Profit & Loss Cash Basis October 2022 through July 2023 Page 2 Page 184 of 512 Oct '22 - Jul 23 Annual Banquet/Postage 448.33 Total Annual Banquet Expenses 25,712.09 Bank Charges/Note Payments Credit Card Fees 11,710.84 Interest Exp 34.80 Bank Charges/Note Payments - Other 70.11 Total Bank Charges/Note Payments 11,815.75 Economic Outlook Conf Expenses Econ Outlook Conf/Other Exp 21,972.16 Econ Outlook Conf/Postage 457.27 Total Economic Outlook Conf Expenses 22,429.43 Founder's Night Expenses Founder's Night/Other Expenses 2,137.00 Founder's Night/Postage 476.08 Total Founder's Night Expenses 2,613.08 Glen Shepherd Seminar Expenses 7,854.00 Golf Tournament Expenses Golf Tourney/Other Exp 5.00 Total Golf Tournament Expenses 5.00 Governmental Affairs Expenses B/CS Day Exp 61,063.00 Govmt'l Aff/Meals and Ent 3,407.47 Govmt'l Aff/Other Exp 3,447.22 Issues Briefings 490.01 Total Governmental Affairs Expenses 68,407.70 Job Fair Expenses Job Fair/Other Exp 35.85 Job Fair Expenses - Other 1,815.00 Total Job Fair Expenses 1,850.85 Leadership Div Expenses LBAA Anniv. Event Expense 250.00 Jr LB/Meals 12,209.59 Jr LB/Other Exp 3,169.59 LB/Meals 1,575.00 LB/Other Exp 3,220.58 LBAA/Meals 224.43 Total Leadership Div Expenses 20,649.19 Membership Directory Expenses Directory/Other Exp 13,756.81 Directory/Postage 2,958.73 Total Membership Directory Expenses 16,715.54 Other Community Devlpmt Act Exp AG Breakfast Exp 5,919.75 AG Buying Group 52,802.80 Career Fair Exp 5,498.82 Community Devlpmt/Postage 72.84 Community Devlpmt/Staff Mileage 1,146.85 Hlth Serv Seminars/Lunch 2,902.14 Water Cooler 5K Exp 2,492.11 Total Other Community Devlpmt Act Exp 70,835.31 Other Membership Act Expenses 10:03 AM Bryan/College Station Chamber of Commerce 09/08/23 Profit & Loss Cash Basis October 2022 through July 2023 Page 3 Page 185 of 512 Oct '22 - Jul 23 Ambassador/Meals 878.77 Ambassador/Other Exp 116.00 Inner Circle/Other Exp 5,804.52 M'ship Break/Lunch/Other Exp 6,196.00 M'ship Break/Lunch/Postage 473.54 M'ship Diversity/Other Exp 79.24 Membership/ Staff Mileage 1,978.18 Membership/Certif & Plaques 189.00 Membership/Other Exp 11.91 Membership/Postage 1,538.74 Membership/Promo & Sales 1,184.52 Newsletter/Other Exp 10,803.24 Newsletter/Postage 3,012.90 Total Other Membership Act Expenses 32,266.56 Other Operating Expenses Rent-Twin City Properties 34,417.26 Audit/Legal/Professional 10,594.63 Bldg And Fix Repair/Maintenance 135.00 Board Exp 75.00 Board exp-meals 431.22 Director/Officer Liability Ins 1,716.00 Education 550.00 Employee Bonding Insurance 397.00 Equipment Lease Exp 5,732.66 Equipment Repair/Maintenance 795.05 Executive Conferences 4,708.56 Fees Expense 8.14 Internet Exp 2,660.65 Janitorial Expense 2,647.80 Kitchen Supplies 541.44 Meals and Entertainment 3,697.12 Miscellaneous 13.84 Office Supplies 3,755.85 Postage Core Servs/Postage 205.08 Postage Purchase Pool 93.04 Total Postage 298.12 Printing/Photography 128.50 Property Tax Exp 986.89 Property/Casualty Ins 3,403.00 Software/Technical Support 13,386.15 Staff Mileage Core Servs/Staff Mileage 2,300.38 Total Staff Mileage 2,300.38 Subscriptions/Dues Exp 5,672.10 Sympathy/Recognition Exp 162.74 Telephone Exp 4,092.44 Workmen's Comp Ins Exp 1,665.00 Total Other Operating Expenses 104,972.54 Other Special Project Expenses Special Events/Other Exp 5,296.47 Total Other Special Project Expenses 5,296.47 Payroll Expenses 0.00 Salaries and Benefits Expenses Bonuses 32,690.00 Commissions 19,781.75 Dental Insurance Contra-WH Dent Ins -316.37 10:03 AM Bryan/College Station Chamber of Commerce 09/08/23 Profit & Loss Cash Basis October 2022 through July 2023 Page 4 Page 186 of 512 Oct '22 - Jul 23 Emp And Dep Dent Ins 3,078.15 Total Dental Insurance 2,761.78 Fringe Benefits incl. in Emp W2 0.00 FUTA Tx Exp 510.65 Health Insurance Contra-WH Dep Ins -6,731.54 Emp and Dep Hth Ins 52,774.48 Total Health Insurance 46,042.94 Vision Contra-WH Dep. ins -59.00 Emp and Dep Vision Ins 690.28 Total Vision 631.28 Life and STD Insurance Contra-WH Lf STD LTD -652.15 Life ADD STD LTD 6,952.08 Total Life and STD Insurance 6,299.93 Medicare Tx Exp 6,893.04 Pension Plan Contr 30,803.78 Sal and Wages 385,407.59 Sick Pay 10,215.05 Social Security Tx Exp 29,193.07 SUI Tx Exp 300.13 Vacation Pay 23,360.12 Total Salaries and Benefits Expenses 594,891.11 Taste of Aggieland Expenses TOA/Committee 65.92 TOA/Other Exp 13,061.21 Total Taste of Aggieland Expenses 13,127.13 Total Expense 992,458.80 Net Ordinary Income 288,438.73 Other Income/Expense Other Income Building Fund Interest 60.58 Building Fund - Other 2,500.00 Total Building Fund 2,560.58 Total Other Income 2,560.58 Net Other Income 2,560.58 Net Income 290,999.31 10:03 AM Bryan/College Station Chamber of Commerce 09/08/23 Profit & Loss Cash Basis October 2022 through July 2023 Page 5 Page 187 of 512 B/CS Chamber of Commerce PO Box 3579 Bryan, Texas 77805 FINANCIAL ACTIVITY REPORT Period 06/01/2023-07/31/2023 FY21-22 FY22-23 Budget Actual Variance Budget Actual Variance Last Year Current Year Variance Renewal Dues 70,383$ 97,564$ 27,181$ 413,113$ 441,979$ 28,866$ 412,797$ 441,979$ 29,182$ New Membership Sales Revenues 9,735 7,445 (2,290) 55,235 41,920 (13,315) 53,676 41,920 (11,756) Membership Drive (Just One More) 2,000 - (2,000) 11,740 7,645 (4,095) 12,480 7,645 (4,835) Sub-Total Dues 82,118$ 105,009$ 22,891$ 480,088$ 491,544$ 11,456$ 478,953$ 491,544$ 12,590$ Event Net Revenues Golf Tournament (Net)22,000$ 36,925$ 14,925$ 43,610$ 58,530$ 14,920$ 27,797$ 58,530$ 30,733$ LobsterFest (Net)19,000 15,725 (3,275) 32,310 29,135 (3,175) 50,789 29,135 (21,654) Annual Banquet (Net) - 3,300 3,300 29,063 35,743 6,680 36,972 35,743 (1,229) Job Fair (Net) - 884 884 13,500 18,054 4,554 14,082 18,054 3,972 Membership Directory (Net) 4,475 (15,091) (19,566) 13,075 8,904 (4,171) 21,392 8,904 (12,488) Taste of Aggieland (Net) 100 (4,895) (4,995) 19,540 19,385 (155) 21,081 19,385 (1,696) Founders Nite (Net) 22,520 34,326 11,806 40,520 44,763 4,243 42,486 44,763 2,277 Economic Outlook Conference (Net) 1,295 - (1,295) 59,450 58,231 (1,219) 60,362 58,231 (2,131) Sub-Total Events (Net)69,390$ 71,174$ 1,784$ 251,068$ 272,745$ 21,677$ 274,960$ 272,745$ (2,215)$ Other Revenue Sources Leadership Div. Activities (Net)(2,000)$ 4,592$ 6,592$ 11,831$ 14,055$ 2,224$ 19,024$ 14,055$ (4,969)$ Governmental Affairs (Net) (13,408) (728) 12,680 - 3,556 3,556 3,867 3,556 (311) Other Comm. Dev. Activities (Net)980 4,141 3,161 22,394 19,326 (3,068) 20,732 19,326 (1,406) Other Special Project (Net)(8,000) 4,678 12,678 15,600 22,764 7,164 16,098 22,764 6,666 Other M'ship Activities (Net) 5,426 29,227 23,801 41,727 65,243 23,516 56,230 65,243 9,013 Other Revenues 520 2,692 2,172 2,868 11,161 8,293 2,440 11,161 8,721 Tourism Funding - - - 30,000 25,000 (5,000) 25,000 25,000 - Contract Funding 5,300 2,650 (2,650) 26,500 26,500 - 26,500 26,500 - Sub-Total Other Revenues (Net)(11,182)$ 47,252$ 58,434$ 150,920$ 187,605$ 36,685$ 169,890$ 187,605$ 17,715$ Total all Revenues (Net) 140,326$ 223,435$ 83,109$ 882,076$ 951,894$ 69,818$ 923,804$ 951,894$ 28,091$ Less Expenses: Salaries and Benefits (118,924)$ (113,076)$ 5,848$ (622,582)$ (594,891)$ 27,691$ (585,836)$ (594,891)$ (9,055)$ Other Operating Expenses (22,322) (28,864) (6,542) (119,065) (104,973) 14,092 (97,401) (104,973) (7,572) Bank Charges/Note Payments (2,600) (2,151) 449 (12,917) (11,816) 1,101 (17,515) (11,816) 5,699 Sub-Total Expenses (143,846)$ (144,091)$ (245)$ (754,564)$ (711,680)$ 42,884$ (700,752)$ (711,680)$ (10,928)$ Less Facilities Reserve: Facilities Reserve Exp.(26,666)$ (26,666)$ -$ (123,331)$ (123,331)$ -$ (48,463)$ (123,331)$ (74,868)$ Interest on SBA EIDL Loan - - - - - - (7,092) - 7,092 Fraud Expense - - - - - - (24,002) - 24,002 Net Revenues (30,186)$ 52,678$ 82,864$ 4,181$ 116,883$ 112,702$ 143,494$ 116,883$ (26,611)$ Beginning Net Ending Cash Change Cash Undesignated Funds 851,042$ 75,403$ 926,446$ Designated Funds 335,834 - 335,834 - Total Cash in Bank 1,186,876$ 75,403$ 1,262,280$ Beginning Net Ending Balance Change Balance Land 710,130$ -$ 710,130$ Building - - - - Total Fixed Assets 710,130$ -$ 710,130$ Leadership Div. Activities (Net): All Leadership Brazos, Jr. LB and Comm. L'ship Briefing activities and divisional operating expenses. Governmental Affairs (Net): Includes all Govermental Affairs activities including Washington, D.C. and Austin trips. Other Comm. Dev. Activities (Net): Activities includes Agri-Biz (Ag Breakfast & Youth Livestock Show), and education (Youth to Career Fair) and all divisional operating expenses. Other Special Project: Includes Glenn Shepherd Seminars, Chamber Day, and 100 Club Softball night. Other M'ship Activities (Net): Unallocated operating expenses plus Inner Circle, Membership Breakfast/Luncheons, Business After Hours, Diversity events and the newsletter. Other Revenues: Includes Map and Newcomer Guide Revenues plus any extra-ordinary items that may occur during the year. Contract funding is from Texas A&M for Community Liason position. Fixed Assets Monthly Activity Year to date (10 months)Last Fiscal Year vs Current June and July 2023 10/01/2022-07/31/2023 Cash in Bank Page 188 of 512 Exhibit B Narrative Summary of Activity Report Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 16 Page 189 of 512 Page 190 of 512 Page 191 of 512 Page 192 of 512 Exhibit C Performance Measures Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 17 Page 193 of 512 Page 194 of 512 Exhibit D Certificates of Insurance Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 18 Page 195 of 512 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/8/2023 (979) 764-8444 (979) 694-7603 41840 Bryan College Station Chamber of Commerce 1733 Briarcrest Dr. Ste 200 Bryan, TX 77802 12777 18058 A 1,000,000 Z2DH877593 1/1/2023 1/1/2024 1,000,000 5,000 1,000,000 2,000,000 Included 1,000,000A Z2DH877593 1/1/2023 1/1/2024 1,000,000A Z2DH877593 1/1/2023 1/1/2024 1,000,000 B 71776505 5/1/2022 5/1/2023 1,000,000 1,000,000 1,000,000 C Directors and Office PHSD1724238 7/1/2022 Each Policy Period 1,000,000 The General Liability policy includes an 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. The Worker's Compensation policy includes a blanket Waiver of Subrogation to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. City of College Station PO Box 9960 College Station, TX 77842 BRYACOL-04 BKOPETSKY Dexter & Company of Central Texas, Inc. 4030 Highway 6 S. Ste. 310 College Station, TX 77845 Allmerica Financial Benefit Insurance Company Chubb Indemnity Insurance Company Philadelphia Indemnity Insurance Company X 7/1/2023 X X X X X X X Page 196 of 512 Exhibit E Reimbursement Request Form Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 19 Page 197 of 512 REIMBURSEMENT REQUEST FORM CITY OF COLLEGE STATION HOTEL TAX FUNDING REQUEST AGENCY: CONTRACT EXPENSES: BUDGETED CURRENT REQUEST YEAR TO DATE REQUESTED $ $ $ (INVOICES OR ACCEPTABLE ALTERNATIVE DOCUMENTATION MUST BE SUBMITTED) TOTAL $ $ $ REIMBURSEMENT REQUEST $ EXPENSES FOR THE PERIOD OF: AMOUNT REMAINING IN FUNDING AGREEMENT $ I hereby request reimbursement for approved program expenses to date in the amount of $ __________. I certify that the request for reimbursement submitted is accurate and in accordance with the approved funding agreement and Texas Tax Code § 351.101. ____________________________________________________ _____________________ Signature of Authorized Agency Contact Date Page 198 of 512 Agency’s Certification and Reimbursement Request Form Agency Name Contract # Program Name Name of Agency Contact Agency’s Address I. Agency’s Certification and Reimbursement Request I hereby certify: The information presented on this form is true and complete to the best of my knowledge; All programs and services have been executed in accordance with the terms and requirements of the contract; All expenses for which payment is being requested herein were incurred by the above-referenced program(s); All approved Board minutes and agendas have been received by the Budget and Financial Reporting Department; All signed and dated Financial Activity Reports, Narrative Reports, Performance Measures and Expenditure Reports have been received by the Budget and Financial Reporting Department; All supporting documentation to substantiate this request has been received by the Budget and Financial Reporting Department. The agency is in full compliance with the terms and conditions of the above referenced contract. I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Agency Contact Date II. Contract Manager’s Certification I have reviewed the documents submitted for the _____ quarter by the above-referenced agency and agree that all services and expenditures have been satisfactorily completed in accordance with all applicable requirements and terms of the above referenced contract number. I hereby approve payment to the agency in the amount of $________. ____________________________________________________ ______________________ Signature of Contract Manager Date III. Budget Manager’s Certification I hereby approve payment to the agency in the amount of $_________. ____________________________________________________ _______________________ Signature of Budget Manager Date Page 199 of 512 Exhibit F List of Additional Benefits Contract No. 24300025 Chamber of Commerce HOT Fund Form Revised 08-15-22 20 Page 200 of 512 Exhibit F List of Additional Benefits Agency shall provide the following to City: 1. Annual Banquet City shall be listed as title sponsor on all media, invitation, and signage at event. Chamber shall provide table of 12, front and center at event. Mayor and spouse shall be seated at head table. Mayor shall introduce keynote speaker. 2. Economic Outlook Conference City shall be listed as hospitality sponsor on all media, invitation, notebook, and signage at event. Chamber shall provide table of 8 front and center at event and luncheon. Mayor shall be seated at head table or speakers table at luncheon if such tables are provided. Mayor will be provided an opportunity to make remarks at the beginning of the event. 3. Membership /Membership Listing Chamber shall provide 1 Platinum Membership valued at $2,130 at Silver Membership rate of $720. Chamber shall provide the following listings in Annual Directory: - City of College Station (Bryan Woods, City Manager) - City of College Station City Council (John Nichols, Mayor) - City of College Station Parks and Recreation (Parks and Recreation Director) Listed under Event Facilities and Recreation - College Station Utilities (Timothy Crabb, Electric Utility Director; Gary Mechler Water Services Director) Listed under Utilities 4. Leadership Brazos Chamber shall provide a maximum of two (2) $500 scholarships to City employee(s) selected through the normal selection process. 5. Legislative Affairs Chamber shall include 4 attendees on legislative trip to Austin (not including accommodations), list City as a sponsor, and include signage acknowledging sponsorship at reception. Chamber shall include 2 attendees on trip to Washington DC Airfare and accommodations will not be paid by the Chamber. Chamber will pay for meals provided to the group, and transportation to and from the airport and any other activity requiring transport. 6. Advertising Chamber shall provide a full-page ad in the Annual Directory at either the inside front cover or inside back cover. Page 201 of 512 October 12, 2023 Item No. 7.8. Funding Agreement - Veterans Memorial Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Memorial for All Veterans of the Brazos Valley for FY24 in the amount of $30,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for the Memorial for All Veterans of the Brazos Valley in the amount of $30,000. The funding is for repair and maintenance in the memorial grounds. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 Hotel Occupancy Tax Fund. State law requires that the City Council adopt the budget of any organization that is to be funded through Hotel Tax revenue. The Memorial for all Veteran’s of the Brazos Valley budget is included in the Attachments. Attachments: 1. 24300026 Vets Memorial Page 202 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 203 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH MEMORIAL FOR ALL VETERANS OF THE BRAZOS VALLEY D/B/A BRAZOS VALLEY VETERANS MEMORIAL This Funding Agreement is made between the City of College Station, a Texas Home Rule Municipal Corporation (“City”), and the MEMORIAL FOR ALL VETERANS OF THE BRAZOS VALLEY D/B/A BRAZOS VALLEY VETERANS MEMORIAL, a Texas Non-Profit Corporation (“Agency”). WHEREAS Texas Tax Code §§351.002 and 351.003(a) authorize City to levy by ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of College Station of seven percent (7%); and WHEREAS Tax Code §351.101(a) authorizes and limits the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry; and WHEREAS Agency is well equipped to perform those activities as referenced in Tax Code §351.101 (a); and WHEREAS Tax Code §351.101(c) authorizes City to delegate by contract with Agency; as an independent entity, the management or supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree, and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means the Memorial for All Veterans of the Brazos Valley d/b/a Brazos Valley Veterans Memorial, a Texas Non-Profit Corporation to which the City has delegated the management or supervision of programs and activities funded with Hotel Tax Revenue. 1.2 City means the City of College Station, in the County of Brazos, and the State of Texas. 1.3 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.4 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements, and audit reports. Page 204 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 2 1.5 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.6 Performance Measure Report means the quarterly report to determine the levels of service that are being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. 1.7 Event includes but is not limited to: any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. 1.8 Expenditure Report means a quarterly report listing the expenditures made by the Agency with Hotel Tax Revenue pursuant to Tax Code §§351.101 and 351.108. 1.9 Hotel Tax Revenue means the gross monies collected and received by City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Tax Code 351.003 (a) and City Ordinance. Hotel Tax Revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. ARTICLE II HOTEL TAX REVENUE PAYMENT 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of THIRTY THOUSAND DOLLARS AND NO/100 DOLLARS ($30,000.00) to be paid as follows: a. The amount of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) shall be used for repair and maintenance in the memorial grounds. b. Payment will be made in one lump sum of $30,000 within thirty (30) days of the close of the first quarter. The appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. 2.2 Reports and Payments. Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. 2.3 Other limitations regarding consideration. a. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of City. Page 205 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 3 b. City may withhold further payments and allocations if City determines Agency’s expenditures deviate from their approved budget subject to §4.1 or if the reports required herein are not submitted in a complete and timely manner. ARTICLE III USE OF HOTEL TAX REVENUE 3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed payments of Hotel Tax Revenue specified above, Agency agrees to use such Hotel Tax Revenue for the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms as authorized by Tax Code §351.101(a). (a) Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City to promote tourism and the convention and hotel industry. 3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in fulfilling a purpose described in §3.1. 3.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of Agency for which Hotel Tax Revenue may be used shall not exceed that portion of Agency’s administrative costs actually incurred in conducting the activities specified in §3.1. (b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. Page 206 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 4 ARTICLE IV RECORDKEEPING AND REPORTING REQUIREMENTS 4.1 Budget. (a) Before Agreement execution, Agency shall submit to the City Manager of City or the City Manager’s designee, an annual budget to be approved by the City Council for each fiscal year, for such Agency operations funded by Hotel Tax Revenues. This budget shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency. City should be able to audit specifically the purpose of each individual expenditure of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement during any program year of this Agreement unless a budget for such respective program year has been approved in writing by the College Station City Council. Approval of the budget by the City Council shall not preclude the Agency from reasonably reallocating funds within the budget among line items to meet changing conditions. Such reallocation shall not necessitate a new approval by the City Council. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 6.2. (b) Agency acknowledges that the approval of such budget by the College Station City Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the manner and for the purposes specified in this Agreement, Tax Code §351.101(a), and in the budget as approved by City. 4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a separate account, or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted funds for audited financial purposes. 4.4 Records Inspection. Upon written request of the City Council, City Manager, or their designee; Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Texas Government Code, Chapter 552, as hereafter amended. 4.5 Final Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: Page 207 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 5 (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report (d) Expenditure Report Agency shall respond promptly to any request from the City Manager of City, or the City Manager’s designee, for additional information relating to the activities performed under this Agreement. 4.6 Reports. The Financial Activity Report, Performance Measure Report, Narrative Summary and Expenditure Report shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract year.) 4.7 Financial Audit. A copy of the Agency’s annual financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. 4.8 Monitor Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how and by whom that review is to be conducted. 4.9 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. 4.10 Records Retention. Agency shall maintain such records, accounts, reports, files, or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this three (3) –year period and for as long as the records are retained by Agency. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Appointees. The City shall have the option to recommend three (3) appointees for any vacancy that occurs on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized t o appoint members to the Board under the Agency’s Bylaws. 5.2 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time, and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public, including but not limited to the Agency’s website. Page 208 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 6 5.3 Minutes. Agency shall submit Board of Directors meeting and Executive Committee meeting minutes to the City within ten (10) days after approval of the minutes. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins on October 1, 2023, and terminates at midnight on October 31, 2024; however, the program period shall commence on October 1, 2023, and terminate at midnight on September 30, 2024. Only those expenditures authorized by Chapter 351 of the Tax Code which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified in hereinabove and that were approved by the Council through the budget, as noted in §4.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §§3.1 through 3.6, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within ten (10) business days from the termination notification, a short- term budget of probable expenditures for the remaining sixty (60)-day period between termination notification and contract termination. This budget will be presented to Council for approval within ten (10) business days after receipt by City. If formal approval is not given within ten (10) business days and the budget does not contain any expenditures that would be prohibited by the Tax Code and is within the current contractual period approved budget; the budget will be considered approved. (2) Within thirty (30) days, a full accounting of all expenditures not previously audited by City. Page 209 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 7 (3) Within five (5) business days of a request from City, a listing of expenditures that have occurred since the last required reporting period. (4) A final accounting of all expenditures and tax funds on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in §3.1 and §3.6 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of its breach of this obligation (3) The failure of Agency to submit a Quarterly Expenditure Report as required by Tax Code §351.101(c) within thirty (30) days from the date City notifies Agency of its breach of this obligation 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to return, refund, and reimburse any and all unused funds, or funds Page 210 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 8 determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VIII GENERAL PROVISIONS 8.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in in this Agreement. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. Page 211 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 9 8.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 8.3 Personal Interest. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee, or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 8.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 8.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 8.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. 8.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 8.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 8.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 8.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Page 212 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 10 Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 8.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 8.12 Agreement Read. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Agreement. 8.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 8.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 8.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 8.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Memorial for All Veterans of the Brazos Valley Attn: Randolph W House, President P.O. Box 11055 College Station, Texas 77842 Page 213 of 512 Contract No 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 11 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed, and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures BRAZOS VALLEY VETERANS MEMORIAL CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: __________ Page 214 of 512 EXHIBIT A Statement of Financial Position Contract No. 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 12 Page 215 of 512 Page 216 of 512 Page 217 of 512 EXHIBIT B Narrative Summary of Activity Contract No. 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 13 Page 218 of 512 BRAZOS VALLEY VETERANS MEMORIAL From the Board of Directors Brazos Valley Veterans Memorial - College Station, Texas March 24, 2023 Ms. Mary Ellen Leonard Director of Fiscal Services City of College Station P.O. Box 9960 College Station, Texas 77840 Dear Ms. Leonard, Enclosed please find the OUTSIDE AGENCY FUNDING REQUEST for FY2024 for the BRAZOS VALLEY VETERANS MEMORIAL, INC. This request of $30,000 is in the same amount as FY2023 based upon the long-range goals of the Board of Directors. The proposed project for completion in 2024 is the repair and/or replacement of key infrastructure located within the memorial grounds. There are many items that are approaching twenty years of age and need to be refurbished or replaced. Examples include steel benches, interpretive panels, light fixtures, and site markers. In addition, there are granite items that need to be professionally cleaned, sealed, and recalked. The College Station Parks & Recreation Department does an outstanding job in maintaining the memorial grounds daily. This includes mowing, trimming, sweeping and routine cleaning of the trails, plaza and entrance area. In addition, the Department provides excellent support in the setup and conduct of various ceremonies and special events throughout the year. However, they are not equipped for the type of expenses being requested for FY 24. On behalf of the entire Board of Directors, I wish to express our sincere gratitude for the strong partnership of the City of College Station. This consistent long-term support, along with that of our other partners, has enabled the development of a significant attraction for our citizens as well as visitors to the community. Most of all, it is a fitting tribute to the service and sacrifice of our nation's veterans throughout history. We remain committed to the mission of completing all 18 war memorial sites along the pathway prior Page 219 of 512 to the 250th anniversary of the Declaration of Independence on July 4, 2026. Sincerely, Randolph W. House LTG (Ret), USA President BRAZOS VALLEY VETERANS MEMORIAL P.O. BOX 10155 COLLEGE STATION, TX 77842 Page 220 of 512 EXHIBIT C Performance Measures Contract No. 24300026 Veterans Memorial HOT Fund Form Revised 08-15-22 14 Page 221 of 512 BRAZOS VALLEY VETERANS MEMORIAL CAPITAL BUDGET PLAN 2023-2026 5 Year Plan Initially Approved December 14, 2016; updated Mar 2023 YEAR PROJECT BUDGET MANAGER COMPLETION Funds requested for 2022: $30,000 from each local governing agency. These funds will be allocated for two statues. 2023 Entrance Project Design $300,000 City of CS 2023 (Design) 2022 Never Forget Garden $150,000 DAR/SAR 2023 2023 Kosovo War $45,000 Jim Singleton 2023 2023 Expeditionary Operations $45,000 Jim Singleton 2023 2024 China Relief Expedition $45,000 Jim Singleton 2024 2024 Mexican Border Service $45,000 Jim Singleton 2024 2024 Sustainment Projects $90,000 Stephan Richardson 2024 BUDGET NOTES FY2022/26 The Board will provide input, support, and direction regarding the design process for enhancements to the Veterans Memorial area and both park entrances. Based upon an approved design, the City of College Station will commence construction of various improvements throughout the park. This work will take multiple years to complete and is intended to be finished by 2026. FY 2022/24 Request $30,000 from each agency to complete a paratrooper statue for Expeditionary Operations and a female pilot statue for Kosovo War with a panel of an aircraft. Due to expected cost increases, there will not be an aircraft panel. FY2022/24 A local organizing committee is working on a plan to develop a “NEVER FORGET GARDEN” along th Lynn Stuart Pathway. This is part of a nationwide effort to commemorate the 100th anniversary of the Tomb of the Unknown Soldier. The BVVM Board is supporting this effort. FY2023/24 Request $30,000 from each agency for statues representing the China Relief Operations and the Mexican Border Service to be completed in 2024. FY2024 Request $30,000 from each agency for various repairs and replacement of infrastructure. Page 222 of 512 October 12, 2023 Item No. 7.9. Funding Agreement - Keep Brazos Beautiful Sponsor: Jeff Kersten, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY24 in the amount of $48,230. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2023-2024 budget process the City Council approved funding for Keep Brazos Beautiful in the amount of $48,230. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2023-2024 Solid Waste Fund: $34,990 is to be used for the operations and maintenance, and $13,240 is to be used for reimbursable expenses for community enhancement projects, events administered by Keep Brazos Beautiful, such as their Annual Awards Gala, Texas Trash-Off and other public landscape and litter-abatement projects. Attachments: 1. 24300027 KBB Page 223 of 512 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED CONTRACT#: ___________ PROJECT #: ____________BID/RFP/RFQ#: ___ Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 224 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 1 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF SOLID WASTE FUNDS WITH KEEP BRAZOS BEAUTIFUL, INCORPORATED This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation (“City”) and the KEEP BRAZOS BEAUTIFUL, INC a Texas Non – Profit Corporation (“Agency”). WHEREAS, City has the objective of improving the environment of the community via litter abatement, beautification, and public education; and WHEREAS Agency through its purpose shares this common goal with the City; and WHEREAS the City desires to assist Agency in providing litter abatement and community enhancement efforts; and NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Agency agree, and contract as follows: ARTICLE I DEFINITIONS 1.1 Agency means Keep Brazos Beautiful, Incorporated, a Texas Non-Profit Corporation. 1.2 City means the City of College Station, County of Brazos, and the State of Texas. 1.3 Contract Quarter means any quarter of the contract year in which this Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and September 30th, of each contract year. 1.4 Financial Activity Report means a report which includes a summary of revenues and expenditures for the current Contract Quarter as well as the current fiscal year to date, and a summary of assets and liabilities to be submitted to the City on the form attached herein as Exhibit A or in a form agreed on by Agency and City. 1.5 Financial Records means invoices, receipts, bank statements, reconciliations, cleared checks, financial statements, and audit reports. 1.6 Narrative Summary of Activity Report means the quarterly summary report of the activities of Agency including a summary of how funds from City have been utilized to accomplish the Agency’s work. Such report shall be submitted on the form attached herein as Exhibit B. 1.7 Performance Measure Report means the quarterly report to determine the levels of service being provided by Agency to be submitted to the City on the form attached herein as Exhibit C. Page 225 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 2 1.8 Event includes but is not limited to any and all banquets, ceremonial dinners, fundraising events, promotional programs, or other public or private event hosted by the Agency. ARTICLE II STATEMENT OF WORK 2.1 Agency shall promote and facilitate activities that enhance the beautification of the local area through education, community events, and litter abatement programs in the City of College Station. Agency agrees that no more than THIRTY-FOUR THOUSAND NINE HUNDRED AND NINETY DOLLARS AND NO/100 DOLLARS ($34,990.00) from the City of College Station shall be spent for general operations of Agency to conduct such programs. 2.2 Agency shall provide pass-through funding for the Community Enhancement Grant, which includes several events and public landscape projects. Event and project proposals shall be submitted to City in writing for approval. Upon written approval from City, Agency shall implement and complete the Community Enhancement project according to the requested timeline. Agency agrees that no more than THIRTEEN THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($13,240.00) from the City of College Station shall be spent for Community Enhancement projects. Agency shall implement the following projects: (a) TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) of Community Enhancement funding shall be used to support contracted commitments of community enhancement to local gateways, parks, and other projects. Agency shall coordinate and obtain approval of each project from the City Manager or his delegate prior to implementing project. Such projects shall be submitted for approval as stated in 2.2 above. (b) TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) of Community Enhancement funding shall be used for the purchase of supplies, equipment, and services for the annual Don’t Mess With Texas Trash-Off event. (c) FOUR THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS ($4,740.00) of Community Enhancement funding will be used to support the Annual Awards Gala through event sponsorship and table purchase for City staff and award recipients. (d) FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) of Community Enhancement funding will be used for the purchase of supplies, equipment, and services for the Wildflower Seeds project. 2.3 Attending Events. The City Council and City Manager or their designees shall have the right to attend Agency events or promotional programs as representatives of the City at no additional cost to the City. Page 226 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 3 ARTICLE III PAYMENT 3.1 For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City shall provide funding in the amount of FOURTY-EIGHT THOUSAND TWO HUNDRED AND THIRTY AND NO/100 DOLLARS ($48,230.00) to be paid as follows: (a) The total amount of THIRTY-FOUR THOUSAND NINE HUNDRED AND NINETY DOLLARS AND NO/100 DOLLARS ($34,990.00) shall be paid from the City’s Solid Waste Fund for the general operations of Agency. Payments will be made in four (4) quarterly installments of $8,747.50. These appropriated funds shall be used during the period of October 1, 2023, to September 30, 2024. (b) The total amount of THIRTEEN THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($13,240.00) shall be paid from the City’s Solid Waste Fund for Community Enhancement Projects approved in writing in advance by City: (1) Agency shall submit invoice to City requesting payment for public landscape and community enhancement projects. Payment(s) shall be made within thirty (30) days of receipt of invoice. (2) Agency shall submit invoice to City requesting payment for the purchase of supplies, equipment, and services for the Don’t Mess With Texas Trash-Off event. Payment shall be made within thirty (30) days of receipt of invoice. (3) Agency shall submit invoices to City requesting payment for Annual Awards Gala related expenditures. Payment shall be made within thirty (30) days of receipt of invoice. (4) Agency shall submit invoices to City requesting payment for Wildflower Seeds project related expenditures. Payment shall be made within thirty (30) days of receipt of invoice. 3.2 Funding will also be dependent upon the City receiving all reports required herein from the Agency no later than thirty (30) days after the end of each Contract Quarter (no later than January 30th, April 30th, July 30th, October 30th of each contract year). 3.3 City may withhold further payments and allocations if City determines Agency’s expenditures materially deviate from their Statement of Work or if reports required herein are not submitted in a complete and timely manner. 3.4 Other limitations regarding consideration. (a) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of City. Page 227 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 4 (b) City may withhold further allocations if City determines that Agency’s expenditures deviate materially from their Statement of Work or if the reports required herein are not submitted in a complete and timely manner. (c) Funding from the City may not be spent for the purchase or serving of alcoholic beverages. ARTICLE IV RECORDS AND REPORTS 4.1 Agency shall maintain financial records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the City’s accounting practices. 4.2 Written Records. Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files, or other documents for a minimum of three (3) years after the expiration of this Agreement. City’s right to access Agency’s files shall continue during this 3-year period and for as long as the records are retained by Agency. 4.3 Access to Records. Agency shall provide the City reasonable access during regular business hours to books, accounts, records, reports, files, or other papers related to this Agreement belonging to or in use by Agency. Upon written request of the City, or City Manager, Agency shall make such financial records available for inspection and review by the party making the request. Agency understands and accepts that all such financial records and any other records relating to this Agreement shall be subject to the Public Information Act, Tex. Gov’t Code, §552, as amended. 4.4 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as provided in this Agreement: (a) Financial Activity Report (b) Narrative Summary of Activity Report (c) Performance Measure Report Agency shall respond promptly to any request from the City Manager, or his designee, for additional information relating to the activities performed under this Agreement. 4.5 Reports. The Financial Activity Reports, Performance Measure Reports, and Narrative Summary of Activity Reports shall be submitted to the City within thirty (30) days of the end of each Contract Quarter (no later than January 30th April 30th; July 30th, and October 30th of each contract year). 4.6 Financial Audit. A copy of the Agency financial audit shall be made available to City no later than thirty (30) days following Agency’s receipt of same. Page 228 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 5 4.7 Monitoring Review. The City shall conduct a monitoring review of the Agency as deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. City shall provide written notice twenty-four (24) hours in advance of such review and a brief description of how that review is to be conducted. 4.8 Presentation. If requested, Agency shall make an annual report and presentation to the City Council. ARTICLE V AGENCY BOARD OF DIRECTORS 5.1 Agendas. Agency shall provide the City with an agenda of all regular and special Board meetings five (5) days before the meeting with information as to the date, time, and place of meeting. If a special meeting is scheduled, Agency shall immediately notify the City of a special meeting. Said notification should be in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s own notification of the Board meeting. Agendas shall be made available to the public seventy-two (72) hours before the meeting at a location accessible to the public including but not limited to the Agency’s website. 5.2 Minutes. Agency shall submit minutes of each Board of Directors meeting and Executive Committee meeting to the City within ten (10) days after approval of the minutes. 5.3 Appointees. The City shall have the option to recommend up to three (3) appointees for any vacancies that occur on the Board of Directors of the Agency during the program year. This provision shall not apply if the City is otherwise authorized to appoint members to the Board under the Agency’s Bylaws. ARTICLE VI TERM AND TERMINATION 6.1 Term. The Agreement term begins October 1, 2023, and terminates at midnight October 31, 2024. However, the program period shall begin October 1, 2023, and terminates at midnight September 30, 2024. Only those expenditures authorized under the Statement of Work, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this Agreement, and any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the Agreement. 6.2 Termination. (a) For Convenience. This Agreement may be terminated for convenience by giving sixty (60) days advance written notice. (b) Funding Out. This Agreement may be terminated with sixty (60) days advance written notice by the City if funds are not appropriated. Page 229 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 6 (c) In the event this Agreement is terminated by either party pursuant to §6.2, City agrees to reimburse Agency for any contractual obligations Agency has undertaken in satisfactory performance of those activities specified hereinabove. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. (d) Further, upon termination pursuant to §6.2, Agency will provide City: (1) Within thirty (30) days, a full accounting of all expenditures not previously reviewed by City (2) Within five (5) business days, a listing of expenditures that have occurred since the last required reporting period (3) A final accounting of all expenditures on the day of termination. Agency will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by Agency after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Article II above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 6.3 Automatic Termination and Breach. (a) Automatic Termination. This Agreement with written notice shall automatically terminate upon the occurrence of any of the following events: (1) The termination of the legal existence of Agency. (2) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by Agency for the benefit of creditors. (b) Breach. This Agreement with written notice shall terminate upon the occurrence of any of the following events: (1) Thirty (30) days after a written notice of the breach of any of the terms or conditions of this Agreement by the Agency if the Agency fails to cure the breach. (2) The failure of Agency to submit quarterly reports which comply with the reporting procedures required herein and generally accepted accounting principles within thirty (30) days from the date City notifies Agency of such breach. Page 230 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 7 6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 6.5 Refund of Funds. In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this Agreement, Agency agrees to refund any and all unused funds, or funds determined by City to have been used improperly, within thirty (30) days after termination of this Agreement. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Agency and funded under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Agency, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 7.2 Release. The Agency assumes full responsibility for the work to be performed and funded hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Agency’s work to be performed and funded hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Agency, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. Page 231 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 8 ARTICLE VIII INSURANCE 8.1 The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Agency, its officers, agents, volunteers, and employees. 8.2 The Agency’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit D. During the term of this Agreement Agency’s insurance policies shall meet the minimum requirements of this section. 8.3 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 8.4 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. Page 232 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 9 8.5 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 8.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated “A: VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 8.7 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee is required. (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. Page 233 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 10 ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in Article II above. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee, or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services, or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. Page 234 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 11 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Agreement. 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 9.14 Counterparts. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9.15 Invalid Provisions. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 9.16 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 9.17 Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Page 235 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 12 Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Agency: Keep Brazos Beautiful, Incorporated Attn: Allison Batte, Executive Director Bryan, TX 77802 9.18 Funding Source. Agency understands and agrees to state in all published material, announcements and advertising regarding activities funded with City funding that the activity was made possible in part through funding from the City of College Station. If there is not published activity material, a sign must be displayed, and a verbal announcement must be made at the time of the activity. 9.19 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods or services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement. (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Agreement against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. Page 236 of 512 Contract No 224300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 13 List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance KEEP BRAZOS BEAUTIFUL, INC CITY OF COLLEGE STATION By: __________________________________ City Manager Printed Name: Date: ___________ Title: __________________________________ City Attorney Date: Date: ___________ _______________________________ Assistant City Manager Date: ___________ Page 237 of 512 Permanently Restricted REVENUES, GAINS, AND OTHER SUPPORT Contributions ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Capital campaign ‐ ‐ ‐ ‐ Equipment acquisition ‐ ‐ ‐ ‐ Endowment ‐ ‐ ‐ ‐ Other ‐ ‐ ‐ ‐ Federal financial assistance ‐ ‐ ‐ ‐ Program service fees ‐ ‐ ‐ ‐ Investment return ‐ ‐ ‐ ‐ Change in value of split‐interest agreement ‐ ‐ ‐ ‐ Other ‐ ‐ ‐ ‐ Net assets released from restrictions ‐ ‐ ‐ ‐ Expiration of time restrictions ‐ ‐ ‐ ‐ Restrictions satisfied by charitable lead trust ‐ ‐ ‐ ‐ Restrictions satisfied by payments ‐ ‐ ‐ ‐ TOTAL REVENUES, GAINS, AND OTHER SUPPORT EXPENSES ‐ ‐ ‐ ‐ Program services ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Supporting services ‐ ‐ ‐ ‐ Management and general ‐ ‐ ‐ ‐ Fund‐raising ‐ ‐ ‐ ‐ TOTAL EXPENSES ‐ ‐ ‐ ‐ CHANGE IN NET ASSETS ‐ ‐ ‐ ‐ NET ASSETS AT BEGINNING OF YEAR ‐ ‐ ‐ ‐ NET ASSETS AT END OF YEAR ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Exhibit A Statement of Financial Activities ‐ Non‐Hotel Tax Unrestricted Temporarily Restricted For the Quarter Beginning _________________ and Ending ________________ Outside Agency:________________________________________ Total Page 238 of 512 KEEP BRAZOS BEAUTIFUL, INC. Balance Sheet As of September 12, 2023 Accrual Basis Tuesday, September 12, 2023 06:03 PM GMT-05:00 1/2 TOTAL ASSETS Current Assets Bank Accounts Cash - Wells Fargo checking 0.00 Prosperity Bank Checking - 8571 50,561.75 Prosperity Bank MMA - 2504 101,499.16 Total Bank Accounts $152,060.91 Accounts Receivable Accounts Receivable -900.00 Total Accounts Receivable $ -900.00 Other Current Assets 1499 Undeposited Funds 0.00 Total Other Current Assets $0.00 Total Current Assets $151,160.91 Fixed Assets Furniture and equipment 0.00 Accumulated Depreciation -7,202.00 Original Cost 7,202.00 Total Furniture and equipment 0.00 Total Fixed Assets $0.00 TOTAL ASSETS $151,160.91 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Accounts payable 750.00 Total Accounts Payable $750.00 Other Current Liabilities Direct Deposit Payable 0.00 Payroll Liabilities 0.00 Federal Taxes (941/944)912.43 TX Unemployment Tax 0.00 Total Payroll Liabilities 912.43 Retirement payable 0.00 Total Other Current Liabilities $912.43 Total Current Liabilities $1,662.43 Total Liabilities $1,662.43 Page 239 of 512 KEEP BRAZOS BEAUTIFUL, INC. Balance Sheet As of September 12, 2023 Accrual Basis Tuesday, September 12, 2023 06:03 PM GMT-05:00 2/2 TOTAL Equity 3000 Opening Bal Equity 0.00 Net Assets 0.00 Permanently Restricted 0.00 Temporarily restricted 0.00 Unrestricted 0.00 Total Net Assets 0.00 Unrestricted net assets 149,626.27 Net Income -127.79 Total Equity $149,498.48 TOTAL LIABILITIES AND EQUITY $151,160.91 Page 240 of 512 KEEP BRAZOS BEAUTIFUL, INC. Profit and Loss October 1, 2022 - September 12, 2023 Accrual Basis Tuesday, September 12, 2023 06:02 PM GMT-05:00 1/2 TOTAL Income 1XX Pledged Support 10X Program Support 101 Brazos County 15,000.00 102 City of Bryan 30,000.00 103 City of College Station 42,990.00 Total 10X Program Support 87,990.00 Total 1XX Pledged Support 87,990.00 3XX Estimated Income 30X Donations 8,000.00 301 Individual 95.01 Total 30X Donations 8,095.01 31X Interest 1,078.12 Total 3XX Estimated Income 9,173.13 4XX Dependent on Program Success 40X Awards Luncheon 401 Sponsorships 580.00 Total 40X Awards Luncheon 580.00 Total 4XX Dependent on Program Success 580.00 Grants 4,621.49 Total Income $102,364.62 GROSS PROFIT $102,364.62 Expenses 6XX Operational Expense 1,542.35 60X Board/Networking 601 Insurance - Liability & BOD 1,349.64 602 Board Training & Travel 18.00 603 Dues & Memberships 3,913.76 604 Meeting Expenses 1,419.45 Total 60X Board/Networking 6,700.85 62X Office 621 Rent/Storage 11,550.00 622 Telephone 890.86 623 Website/Internet 2,219.33 624 Professional Services 3,340.00 626 Supplies 2,169.33 628 Postage 66.00 629 Maintenance 41.65 630 Miscellaneous Expenses 122.80 Total 62X Office 20,399.97 Page 241 of 512 KEEP BRAZOS BEAUTIFUL, INC. Profit and Loss October 1, 2022 - September 12, 2023 Accrual Basis Tuesday, September 12, 2023 06:02 PM GMT-05:00 2/2 TOTAL 65X Staff 651 Staff Salary 43,083.37 653 Payroll Taxes 3,295.87 654 Worker's Comp Insurance 843.26 656 Prof. Development & Travel 1,281.60 Total 65X Staff 48,504.10 Total 6XX Operational Expense 77,147.27 7XX-9XX Program Expenses 7XX Required Programs 70X Education Program 701 Other Education Programs & Supplies 2,220.00 702 Grant 5,000.00 Total 70X Education Program 7,220.00 72X Recycling Programs 424.50 74X Litter Prevention Programs Litter Clean Up Supplies 2,268.30 Total 74X Litter Prevention Programs 2,268.30 76X Beautification Program 186.32 763 Wildflower Program 8,100.00 Total 76X Beautification Program 8,286.32 780 Awards Ceremony Expense 4,752.23 Total 7XX Required Programs 22,951.35 Total 7XX-9XX Program Expenses 22,951.35 Advertising 2,393.79 Total Expenses $102,492.41 NET OPERATING INCOME $ -127.79 NET INCOME $ -127.79 Page 242 of 512 EXHIBIT B Narrative Summary of Activity Report Contract No. 24300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 15 Please provide a narrative summary of the quarterly activities funded by the City of College Station. Including a year-to-date summary of City-funded programming elements would also be beneficial. Use additional sheets if more space is needed. Page 243 of 512 1713 Broadmoor, Ste. 302 Bryan, Texas 77802 City of College Station 1101 Texas Avenue College Station, Texas 77842 Attn: Mary Ellen Leonard, Director of Fiscal Services March 17, 2023 Dear Ms. Leonard, Keep Brazos Beautiful, Inc, (KBB) appreciates the sustained partnership we have with the City of College Station. KBB is proud to continue to unite with the City to promote our shared vision and to support our mission in educating and engaging with the City’s residents in-turn keeping our community clean, green, and beautiful. It is our goal to improve the environmental health, safety, vitality, and quality of life of our community at minimal cost to all College Station citizens. This budget transmittal letter is provided to explain our fiscal year 2023-2024 funding request, as well as to provide a brief synopsis of our accomplishments and goals looking forward. 2022-2023 Activity The 2022-2023 year brought new beginnings and a fresh start for KBB. The organization welcomed a new Executive Director in April of 2022; where she focused on revitalizing the mission of KBB and fostering partnerships with other local agencies to further the impact of our organization. With the guidance of the KBB Board of Directors, KBB has made great accomplishment this year. KBB’s historic programs continue to grow, while the organization is working on implementing new programs for the remainder of 2023 into 2024. YTD Program Recap (October 2022 – March 2023) • KTB Fall Sweep – 24 Clean-Ups & Over 600 Volunteers; October-November 20, 2022. • Wildflower Seed Planting in conjunction with TXDOT; October 2022. • Sustainability Day hosted by the Office of Sustainability at Texas A&M University; October 2022. • America Recycles Day Art Contest partnership with the Arts Council of Brazos Valley; November 2022. • KBB Board Retreat; January 2023. • Project WILD – Training for Environmental Stewardship in Early Education; February 2023. • Keep America Beautiful Conference; February 2023. • City of College Station Litter Index; March 2023. • KTB Regional Waste in Place Training; March 2023. • Litter Toolkit Program – Over 20 Clean-ups & Over 200 Volunteers; December – March 2023. • Keep America Beautiful – Great American Clean-up; March 20 – June 21, 2023. • Don’t Mess with Texas Trash-Off in conjunction with TXDOT; April 15, 2023. • Earth Day hosted by Office of Sustainability at Texas A&M University; April 19, 2023. Upcoming Programs (May 2023 – September 2023) • Arbor Day Lunch & Learn with B/CS Chamber of Commerce featuring Texas A&M Forestry Service; April 2023. • Recycling, Sustainability, Environmental, & Nature Children’s Book Section in partnership with BCS Public Library system; May 2023. • Trex Recycling Challenge in partnership with BCS Habitat for Humanity; May 2023. • Keep Texas Beautiful Conference; June 26-28, 2023. Page 244 of 512 1713 Broadmoor, Ste. 302 Bryan, Texas 77802 •Early Education Classroom Presentations with the Boys & Girls Club of the Brazos Valley; ongoing. •Beautiful Inside & Out Event in partnership with NAMI Brazos Valley; TBD. •KBB Annual Awards & Scholarship Luncheon; August 2023. 2023-2024 Goals KBB is excited to continue our partnership and participation in the Don’t Mess with Texas Trash-Off; the community tree sale; Sustainability Day, America Recycles Day, and Earth Day at Texas A&M University; the annual wildflower seed project; and various other community events. Our organization sees tremendous value in continuing acknowledging, awarding, and recognizing community partners and organizations, individual citizens, and students who volunteer and promote environmental sustainability as well as providing community service at our annual awards and scholarship luncheon. This coming fiscal year, we will be ramping up both our early education and adult outreach programs furthering our mission to educate and engage with the Brazos Valley community as a whole; reinstating our Yard of the Month and Business of the Month programs which highlight and promote environmentalism and sustainability; exploring additional sustainability programs through proposed sustainable coffee farming and brewing with local vendors, and more. KBB is driven to attaining new funding in 2024 to complement and enhance the funding provided by College Station, Bryan, and Brazos County. KBB has received $5,000 in grant funding through Walmart, as well as over $10,000 in charitable donations. We plan to reintroduce our membership program, which allows individuals, families, organizations, and businesses to become KBB partners. FY24 Funding Request: October 1, 2023 – September 30, 2024 Our community benefits from the partnership between the City of College Station and Keep Brazos Beautiful through numerous education and outreach, beautification, and volunteer service programs. It is our belief that our organization benefits all sectors of the community by providing a better quality of life for our citizens. Continued support by the community’s governmental agencies, City of College Station, City of Bryan, and Brazos County, as well as local businesses, organizations, and citizens who understand the benefits we bring to our community are vital to our mission. As the only non-profit organization committed to life-enhancing issues of environmental quality, we are asking for you continued support for our operations and programs. To meet our goals outlined for this coming fiscal year, we are requesting a total of $48,230 in funding from the City of College Station; this is $1,500 more than was requested last year. Sincerely, Allison Batte, Executive Director Page 245 of 512 1713 Broadmoor, Ste. 302 Bryan, Texas 77802 Organizational Bio Organizational Overview Keep Brazos Beautiful, Inc. (KBB) is a non-profit 501©(3) volunteer and educational organization founded in August 1980 by J.C. “Jack” & Dorothy S. Miller as the Beautify Brazos County Association. The organization incorporated and changed its name to Brazos Beautiful in 1983. Brazos Beautiful became a certified affiliate of Keep America Beautiful in 1986 and of Keep Texas Beautiful in 1986. In 2001, the Board of Directors and members voted to change the name to Keep Brazos Beautiful. Mission Statement The mission of Keep Brazos Beautiful is to educate and engage Brazos County citizens to keep our community clean, green, and beautiful. Vision Statement Our vision is to contribute to the economic vitality, safety, health, and well-being of our community through programs that educate and engage citizens to take responsibility for eliminating litter, minimizing waste, and beautifying and improving our community. Board of Directors John Burrescia, President Jonathan Pawlak, Treasurer Vacant, Brazos County Kyle McCain, City of Bryan Caroline Ask, City of College Station Jesse Carswell, Texas A&M University Ron Schmidt KBB Staff Allison Batte, Executive Director Page 246 of 512 EXHIBIT C Performance Measures Contract No. 24300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 16 Page 247 of 512 KEEp--L<'� BRAZOS ��EAUTIFUL Performance Measure Report City of College Station FY 2022-2023KEEP AMERICA BEAUTIFUL AFFILIATE I 1st Quarter I 2nd Quarter 3rd Quarter I October-December I January-March April-June Programming Numbers! Proposed I Actual Proposed Actual Litter Prevention & Cleanup Programs Litter, Illegal Dumpsite and School Campus Cleanups 3 5 Number of Volunteers for Great American Cleanups (Trash Off) 0 0 Litter Toolkit cleanups 4 194 Number of Litter Toolkit Volunteers 60 28860 Litter Free Event organized** 3 3 Number of Attendees at Litter Free Events */** 1200 200 Litter Index Volunteers 0 3 0 Total Volunteer Hours 300 1260 250 Community Education & Public Awareness Classroom Presentations 17 17 Attendance at Classroom Presentations 289 289 Youth Group/Clubs Meetings, Events & Presentations 10 7 Attendance at Youth Group/Club Presentations 150 105 Teacher & Youth Educator Trainings/Presentations 0 Attendance at Teacher Trainings/Presentations 0 15 Community Outreach Presentations 3 8 Attendance at Community Outreach Presentations 500 500 Community Beautification, Conservation, & Awards Programs Memorial TREES Planted 5 0 Other Trees Planted 1000 250 0 Community Tree & Landscape Maintenence Projects I I Number of Sites Landscaped / Beautified I 5 Volunteers for Tree & Landscape Planting & Maintenence 25 150 Trees Donated to Community 25 25 Flowers Planted 50 0 Pounds Wildflower Seed Planted 100 0 Attendance Wildflower Planting Events 25 0 Attending Texas Recycles Day Events 1500 0 Brazos Valley Earth Day Attendance 0 0 Texas Arbor Day Attend 0 0 Number of Awards Presented 6 6 6 Total Volunteer Hours 250 125 Additional Community Outreach and Volunteers In-Kind Hours Served by Board Members Volunteer Hours Served by Lntems, Board Members, Staff 0 50 0 Collaborative Efforts & Partnerships with local civic groups 0 0 *Actual attendance #'s at events are e:-;timuted through ob:wrvutio11 (Clickers/photographs/Official Estimate!J) ** Reported for joint efforts by College Station and Bryan Proposed 5 300 4 60 4 6,000 0 2000 17 289 10 300 I 15 12 4500 5 0 2 2 60 0 100 0 0 0 5000 25 26 2500 0 0 *** Total number of trees sold at the KBR 011111101 Crape Myrtle & Shade Tree Sale. Trees planted throughout the Brazos Valley. E-Total number of volunteers recruited by multiple e11tities (KBB, College Statio11/BVSWMA/Bryan) T-Donated to our community through tire KBB annual Crupe Myrtle and Shade Tree Sale EW-Explained in written report UNK -Actual #s unknown due to media numbers not reported Actual I 4th Quarter I July-September I Proposed I Actual 0 0 60 0 0 12 150 9 135 4 45 I 20 5 200 0 0 I I 20 0 0 0 0 0 0 0 6 0 0 I 22-'23 Total I Year Total I Proposed I Actual 13 300 16 240 10 7400 12 2700 60 1002 31 600 3 50 28 5700 10 IOOO 6 9 255 50 150 100 25 1500 5000 25 44 3000 0 0 I 50 4 125 230 576 630 6 45 750 26 Page 248 of 512 EXHIBIT D Certificates of Insurance Contract No. 24300027 Keep Brazos Beautiful Solid Waste Fund Form Revised 08-15-22 17 Page 249 of 512 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 250 of 512 Page 251 of 512 Page 252 of 512 Page 253 of 512 Page 254 of 512 Page 255 of 512 Page 256 of 512 Page 257 of 512 Page 258 of 512 Page 259 of 512 Page 260 of 512 Page 261 of 512 Page 262 of 512 Page 263 of 512 Page 264 of 512 Page 265 of 512 Page 266 of 512 Page 267 of 512 Page 268 of 512 Page 269 of 512 Page 270 of 512 Page 271 of 512 Page 272 of 512 Page 273 of 512 Page 274 of 512 Page 275 of 512 Page 276 of 512 October 12, 2023 Item No. 7.10. Purchase of Long-Lead Materials for the Northwest Substation Project Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on contracts for the purchase of long-lead materials for the Northwest Electric Substation from KBS Electrical Distributors not to exceed $364,855.22 and Techline Inc. not to exceed $154,500. Relationship to Strategic Goals: • Core Services and Infrastructure • Financially Sustainable City Recommendation(s): Staff recommends award of these purchases with KBS Electrical Distributors for $364,855.22, and Techline Inc. for $154,500. These items are long-lead time materials and need to be ordered now for the construction of the Northwest Substation. Summary: Staff issued Bid #23-085 on July 17, 2023, for materials for Northwest Substation and the Bid was opened on August 16, 2023. Seven (7) sealed proposals were received and were reviewed by Electric Staff to ensure the compliance of needed specifications. KBS Electrical Distributors and Techline Inc. were recommended for award based upon delivery dates, meeting College Station Utility specifications, and pricing. The quotes from the other vendors provided alternatives that did not meet specifications or were considered invalid bid responses. Upon Council approval, staff will issue purchase orders to KBS Electrical Distributors and Techline Inc., for a one-time purchase. Budget & Financial Summary: Funds are available and budgeted within the Electric capital budget. Attachments: 1. 23-085 AWARD Page 277 of 512 23-085 AWARD Line #Description Mfgr Mfgno QTY Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended 1 Potential Transformer (PT); 145kV Maximum Operating Voltage Trench Limited UT5H-650-138 (Only)6 NO BID 14,839.00$ 89,034.00$ NO BID NO BID NO BID NO BID Hitachi L741200TB-!KDT 18,397.00$ 1 Three Pole Group Operated Air Break Switch (Vertical Break Switch); 145kV, 2000 amperes continuous ratings, 8' phase spacing NO BID • Cleveland Price V2-CA Aluminum Vertical Break Disconnect Switch -Catalog No. C06B033G10 or Equal Cleveland Price C06B033G10 10 15,654.00$ 15,450.00$ 154,500.00$ Three Pole Group Operated Air Break Switch (Vertical Break Switch) SOUTHERN STATES 10 19,888.00$ Pascor Atlantic 138TTR8-SPA 10 20,727.00$ 20,727.00$ SEECO VIPA-H13820S 10 17,559.03$ Stand-by Generator and Automatic Transfer Switch ; 40kW, 200 Amp Continuous as per bid specifications SD40 Generac Industrial SD0040DG174.5D18H PYY3 1 NO BID NO BID NO BID NO BID NO BID NO BID NO BID 145 kV Circuit Switchers, 1200 AMP, 125 VDS S&C Series 2010 (Only) 198839- BE10H2KMVW1 2 134,278.00$ 268,556.00$ NO BID NO BID 140,150.00$ NO BID 6 NO BID NO BID 1,210.87$ 7,265.22$ NO BID NO BID 1,320.00$ NO BID F1 Junction Box; 138 kV Line & Metering PT HOFFMAN A30H2008SSLP Enclosure A30P20 Back Plate (Only)4 NO BID NO BID NO BID NO BID NO BID NO BID NO BID F2 Junction Box; 138 kV Metering CT HOFFMAN A20H1608SSLP Enclosure A20P16 Back Plate (Only)2 NO BID NO BID NO BID NO BID NO BID NO BID NO BID F3 Junction Box; Camera WIEGMANN SSN42424123PT (Only)6 NO BID NO BID NO BID NO BID NO BID NO BID NO BID F4 Junction Box; 15 kV PT HOFFMAN A30H24CSSLP Enclosure A30P24 Back Plate (Only)2 NO BID NO BID NO BID NO BID NO BID NO BID NO BID Total Price -$ Total Price -$ Total Price 364,855.22$ Total Price -$ Total Price -$ Total Price 154,500.00$ Total Price -$ total award 519,355.22$ Techline, Inc. HITACHI SEECO DIST. QUOTE B 1 QUOTE B 2 J.H. Davidson & Assoc J.H. Davidson & Assoc KBS ELECTRICAL KD Johnson Keasler Associates Techline, Inc. RITZ 121531009.395003, Type VEF 15-09, only GROUP F GROUP A GROUP B GROUP C GROUP D GROUP E Potential Transformers (PT); 15 kV Maximum Operating Voltage; nominal primary voltage (L-G); 7200 V, Rated Output: 1000 VA 23-085 AWARD 1Page 278 of 512 October 12, 2023 Item No. 7.11. Library ILA Sponsor: Jennifer Prochazka, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an Interlocal Agreement with the City of Bryan for the Management of the Larry J. Ringer Library. Relationship to Strategic Goals: Good Governance Core Services and Infrastructure Recommendation(s): Staff recommends approval. The Bryan City Council considered the ILA at their Octover 10, 2023 meeting. Summary: This item is a renewal of the Interlocal Agreement (ILA) between the cities of College Station and Bryan authorizing the City of Bryan to manage and operate College Statio's Larry J. Ringer Library as a part of the combined Bryan + College Station Public Library System. Budget & Financial Summary: Attachments: 1. ILA BCS Library System 2023 Page 279 of 512 1 INTERGOVERNMENTAL CONTRACT BETWEEN BRYAN AND COLLEGE STATION This Agreement is entered into by and between the City of College Station (hereinafter referred to as “COLLEGE STATION”) and the City of Bryan (hereinafter referred to as “BRYAN”) and shall be effective on the 1st day of October 2023. RECITALS WHEREAS, BRYAN and COLLEGE STATION are home rule municipalities as defined by the Texas Local Government Code; and WHEREAS, home rule cities are authorized to enter into agreements with one another for the performance of any governmental service, activity or undertaking; and WHEREAS, by voter approval of a referendum on the 25th day of March, 1995, COLLEGE STATION expanded library services and constructed its own library facility, hereinafter referred to as the Larry J. Ringer Library, within its city limits; and WHEREAS, BRYAN has operated a community library since 1903 and has received accreditation by the Texas State Library; and WHEREAS BRYAN has the expertise to manage a library system that is accredited by the Texas State Library; and WHEREAS, BRYAN and COLLEGE STATION previously partnered together by mutual agreement for a combined Library System which has included libraries located in both municipalities; and WHEREAS, in 2021, the Parties agreed to transfer responsibility for management of the information and technology required for library services from COLLEGE STATION to BRYAN and this Agreement is amended to effect that; and WHEREAS, BRYAN shall manage information and Technology resources at the Larry J. Ringer Library to extend, expand, and enhance library services while reducing barriers and ensuring that all users have equitable access to information while also providing training to staff regarding network security, protection of privacy, and best practices for equipment and system management; and WHEREAS, BRYAN and COLLEGE STATION desire to continue such a shared program, as being in the best interests of providing a cost effective service to their shared communities. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the entities agree as follows: ARTICLE I. PREMISES 1.01. COLLEGE STATION shall lease, own or otherwise provide premises to BRYAN suitable for use as a library. Currently these premises are located at 1818 Harvey Mitchell Pkwy. S., College Station, TX 77845 and shall sometimes herein be referred to as the Premises or the Larry J. Ringer Library. The Premises shall, at a minimum, include 26,355 square feet of heated/air Page 280 of 512 2 conditioned floor space. Said Premises shall be located within the city limits of COLLEGE STATION as provided by the terms of this Agreement. 1.02. In the event that COLLEGE STATION requires the relocation or expansion of the Premises, COLLEGE STATION shall pay the cost of same. 1.03. Except as may be expressly set forth herein, COLLEGE STATION shall be responsible for maintenance, repairs, and expansion of the grounds and the structures on the Premises. COLLEGE STATION shall maintain a network connection to Larry J. Ringer Library to monitor the HVAC system. 1.04. BRYAN shall be responsible for the routine janitorial service of the interior of the Larry J. Ringer Library building and any other buildings over which it has control. 1.05. BRYAN shall promptly notify COLLEGE STATION in the event any grounds or structural defect or flaw is discovered on the premises. ARTICLE II. MANAGEMENT AND STAFFING 2.01. BRYAN shall be responsible for providing College Station Library Services. COLLEGE STATION shall pay for these services as set forth in this Agreement, including Exhibits “A” and “B”, which are attached hereto and incorporated by reference herein. 2.02. A Library System Director shall be engaged by BRYAN whose responsibilities include overseeing the provision of College Station Library Services. All employees, contractors, agents, and volunteers engaged in providing College Station Library Services on the Premises or elsewhere shall be considered those of BRYAN, and such people shall provide services under the supervision and direction of the Library System Director. 2.03. Upon termination of this Agreement, BRYAN’s employees in good standing located at the Larry J. Ringer Library may elect to apply for employment with BRYAN, if positions are available. In any event, the said employees may apply for employment as library employees with COLLEGE STATION. Upon transfer of employment to COLLEGE STATION, COLLEGE STATION shall provide to its library employees the same benefits as provided to other COLLEGE STATION employees. COLLEGE STATION shall waive any waiting period for any and all benefits, unless otherwise required by law. ARTICLE III. BOOKS, AND OTHER MATERIALS 3.01. BRYAN shall be responsible for the purchase of materials for the Larry J. Ringer Library after conferring with the COLLEGE STATION City Manager or his designee. The COLLEGE STATION City Manager shall review and approve the Library System Director’s recommended selection of Larry J. Ringer library materials. The Library System Director may be given access to one or more College Station library funds as COLLEGE STATION may authorize to enable BRYAN to carry out its obligations hereunder. 3.02. All books and other materials related to providing College Station Library Services, including but not restricted to DVDs, audio books and periodicals and any other physical and electronic assets purchased with the Larry J. Ringer Library budgeted funds shall belong to and remain the property of COLLEGE STATION. BRYAN shall account for all materials that are the property Page 281 of 512 3 of COLLEGE STATION. For purposes of this Agreement, “materials” means books and other materials recited above as well as any and all online subscriptions and electronically available data bases, the Internet, intranet and similar services made available to patrons of the Larry J. Ringer Library. 3.03. BRYAN shall exercise the same degree of care in the keeping, preservation, and maintenance of materials and other physical assets on the Premises as it exercises in the keeping, maintenance, and preservation of its own public library property. 3.04. BRYAN shall ensure that The Larry J. Ringer Library will maintain a materials collection that is typical for a library of its size serving a family and college-oriented community like COLLEGE STATION for use by the general public. ARTICLE IV. PROGRAMS AND OTHER SERVICES 4.01. BRYAN agrees to provide College Station Library Services as set forth in this Agreement. This includes providing, managing and paying personnel necessary to operate the Larry J. Ringer Library; maintaining regular hours of business; purchasing materials and electronic subscriptions or rights of access to various data bases for the library, managing the borrowing or accessing of materials; tracking when materials are accessed, checked out, returned, paid for, fines paid and revenue received; operational budgeting; paying invoices associated with library activity; maintaining software related to the provision of library functions; and any and all other library services typical to the overall functioning of the Premises as a public library unless expressly provided for otherwise pursuant to the terms of this Agreement. The term College Station Library Services shall also include a portion of the salaries and benefits for the Library System Director as well as a pro rata share of indirect costs as set forth in Exhibit “B” attached hereto and incorporated herein by reference. 4.02. BRYAN operates one or more libraries outside of the city limits of COLLEGE STATION. Collectively the libraries operated by BRYAN on the Premises and elsewhere throughout the community at large shall be referred to as the Bryan + College Station Public Library System (the “System”). This includes operation of the Twin City Inter-Library Loan Program under the direction of Library System Director. The Twin City Inter-Library Loan Program is the van delivery service that transfers library materials between the Larry J. Ringer Library and other libraries within the System. This loan program is included in the College Station Library Services to be provided by BRYAN to the Premises and the program costs are shared equally (50/50) among the parties. Program costs shall include vehicle replacement, maintenance, fuel, and staff time and will be reconciled at the end of each fiscal year, as provided in paragraph 7.02 and Exhibit “A”. All City of Bryan employees who drive vehicles for the Twin City Inter-Library Loan Program shall be in compliance with the City of Bryan’s driver safety program as outlined in the City of Bryan Employee Handbook. 4.03. College Station Library Services to be performed by BRYAN includes providing Information Technology Services, which means the services necessary for library operations, including the necessary hardware and software, telephones, computers, and network communications equipment related to same. BRYAN will provide the housing, operation, upgrade and maintenance of the main computer system used by the Bryan + College Station Public Library System to check in and out items, track book collections, and other collections, etc. BRYAN will perform system back-ups, generate overdue notices and other reports as necessary. Significant upgrades and replacement of the main computer system and any other shared information technology may occur Page 282 of 512 4 only with mutual agreement of both Cities. 4.04. Except as otherwise provided in this Agreement, BRYAN shall purchase and maintain all hardware and software required for the workstations in use at the Larry J. Ringer Library. During the term of this Agreement, Technology equipment, including but not limited to, the workstations, the hardware, and software purchased by Bryan for use at the Larry J. Ringer Library shall become the property of BRYAN, unless the Parties agree otherwise in writing. Upon termination of this Agreement, ownership of any technology equipment at the Larry J. Ringer Library that was not purchased by BRYAN pursuant to this Agreement shall be returned to COLLEGE STATION. Additional and replacement technology equipment necessary for full library operations shall be purchased by BRYAN and will remain the property of BRYAN upon termination of this agreement, unless the Parties agree otherwise in writing. 4.05. BRYAN agrees to maintain a secure network tunnel related to the Premises use as a public library between the two entities for the purpose of maintaining interoperability and carrying out the obligations of each party as set forth in this Agreement. 4.06. COLLEGE STATION agrees to maintain a secure network tunnel to the Premises, as a city building, for the purposes of maintaining electronic access to the heating, ventilation, and air conditioning (“HVAC”) equipment ARTICLE V. HOURS OF OPERATION 5.01. The Bryan + College Station Public Library System shall maintain operating hours as the parties shall mutually agree upon on an annual basis, subject to annual budget appropriations. ARTICLE VI. INSURANCE AND LIABILITY 6.01. COLLEGE STATION shall maintain insurance on the Premises for the Larry J. Ringer Library, including the structures, as well as insurance for personal injury or property damage as it requires for other municipal property. COLLEGE STATION will maintain liability insurance on all vehicles owned by it used to fulfill its obligations hereunder, including property damage and bodily injury. 6.02. BRYAN shall maintain workers compensation coverage for its employees on the Premises and shall carry such other liability insurance coverage for its employees, contractors, volunteers and agents engaged in providing services pursuant to this Agreement as it would for its other libraries within the System. 6.03. The parties agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the terms of this Agreement, as permitted by law. 6.04. The insurance benefits provided by BRYAN to the employees retained under the terms of this Agreement shall be the same as provided to all other BRYAN employees. 6.05. BRYAN shall, to the extent permitted by law, indemnify, and hold COLLEGE STATION Page 283 of 512 5 harmless from any liability incurred from the hiring, employment or termination of any employee under this Agreement, and its use of any contractor, agent or volunteer in providing College Station Library Services. ARTICLE VII. FINANCIAL 7.01. COLLEGE STATION and BRYAN agree to abide by and share in the development and implementation of a budget for the Premises as set forth herein. The budget shall include at a minimum the cost of College Station Library Services to be performed by BRYAN, the cost of janitorial services, the cost of maintaining and purchasing library materials, building and premises maintenance and operation, and any and all other miscellaneous costs as may be required or desired by COLLEGE STATION related to the upkeep and improvement of the Premises. Said costs shall collectively be referred to as the College Station Library Costs. COLLEGE STATION is responsible for paying the College Station Library Costs as set forth herein. 7.02. By May 31st of each year, BRYAN shall submit to COLLEGE STATION its projected costs in providing College Station Library Services and janitorial services. The projected costs in providing such services shall be provided by BRYAN to COLLEGE STATION in such reasonable detail as COLLEGE STATION may require. COLLEGE STATION shall prepare a complete budget for the College Station Library Costs which shall include the projected costs of College Station Library Services and janitorial services to be provided by BRYAN. Such budget shall be a part of the COLLEGE STATION general budget and shall include all costs necessary to operate the Premises in a professional manner, including those expenditures associated with operating the library. 7.03. Both parties agree that the proposed budget for College Station Library Services shall be duly approved by the governing body for each. Both parties will advise the other as to the approved annual budget as promptly as possible. It is understood by the parties that the approval of the budget is a legislative function. 7.04. Total Bryan + College Station Library System revenues will be allocated to each City respectively based upon the ratio of the present number of each City’s materials to the total number of materials in the Bryan + College Station Public Library System. Restricted gift revenue, endowments and other financial resources not generated as revenue from the provision of library services will be excluded from this calculation. At the end of each budget cycle actual expenditures shall be offset by credits pursuant to the formula as set forth in Exhibit “A.” 7.05. At the time the proposed costs for College Station Library Services and janitorial services is submitted by BRYAN as described in this article, the BRYAN City Manager or his representative shall include a cover letter indicating what amounts, if any, remain unspent or unencumbered or how much is still owed for which there is an insufficient budgeted amount from the College Station Library Services and janitorial services line items that were adopted as part of the budget for the College Station Library Costs for the most recently closed fiscal year. Said funds shall be applied as an adjustment to or against the next fiscal year’s College Station Library Services, as the case may be. 7.06. In the event this Agreement is terminated, all unspent or unencumbered funds and all remaining revenue allocations shall be promptly remitted to COLLEGE STATION. Page 284 of 512 6 7.07. The computation of the actual amount to be paid by COLLEGE STATION to BRYAN each fiscal year shall be as described in Exhibit “A”. 7.08. No budgetary transfer of funds involving capital accounts shall be made without the approval of the COLLEGE STATION City Manager or his representative. 7.09. Each Party paying for the performance of governmental functions or services must make those payments from current revenue available to the paying Party. ARTICLE VIII. MANNER OF PAYMENT 8.01. COLLEGE STATION agrees to pay BRYAN as set forth herein. COLLEGE STATION shall pay BRYAN the amount it owes for the current fiscal year pursuant to the terms of this Agreement, including Exhibit “A” and Exhibit “B” for services to be performed by BRYAN in twelve (12) equal monthly installments due on the first day of each month. 8.02. In addition to the consideration paid herein, COLLEGE STATION shall make available to BRYAN a monetary amount to be determined annually by COLLEGE STATION through the budget appropriation process in consultation with the Library System Director, to be used by BRYAN for the purchase of Larry J. Ringer Library materials. ARTICLE IX. REPORTING AND ACCOUNTING 9.01. Within twenty (20) calendar days of the end of the previous month, BRYAN shall send to the COLLEGE STATION City Manager or his representative a monthly expense budget report and account activity report. 9.02. BRYAN shall promptly submit all invoices relating to expenditures from any COLLEGE STATION purchase orders provided by COLLEGE STATION to BRYAN for the purchase of library materials. 9.03. Promptly after the close of the BRYAN fiscal year, BRYAN shall furnish to COLLEGE STATION, in such reasonable detail as COLLEGE STATION may require, an accounting of the expenditures made and revenues generated hereunder as well as any credits remaining. 9.04. The COLLEGE STATION City Manager or his representative shall conduct an annual review of the Larry J. Ringer Library with the Library System Director in February of each year this Agreement is in effect. The annual review shall include, but is not limited to, library performance measures, library goals, library operation changes, and renewal of this Agreement. Performance measures will be reported quarterly to the COLLEGE STATION City Manager or his representative. ARTICLE X. ADVISORY BOARD 10.01. A Bryan + College Station Public Library System Advisory Board was established January 1, 1998. The Advisory Board is comprised of eight (8) members serving two year terms with each respective City appointing four (4) members. To provide for continuity within the Advisory Board, the term of two (2) Board members appointed by each City shall expire annually. 10.02. The duties of the Bryan + College Station Public Library System Advisory Board will be to Page 285 of 512 7 encourage the development of the Bryan + College Station Public Library System; recommend to the City Councils of the parties policies and programs for the advancement of the Bryan + College Station Public Library System; cooperate with all other public and private groups in advancing the best interest of the Bryan + College Station Library System; and render to the City Councils all recommendations it considers advisable regarding the Bryan + College Station Public Library System. 10.03. Any questions regarding permissible COLLEGE STATION facility or property use by third parties which is unrelated to library usage will be directed to the COLLEGE STATION Legal Department. ARTICLE XI. TERM 11.01. The term of this Amended Agreement shall be for one (1) year, shall automatically renew annually for up to one (1) additional year term, and shall be effective from October 1st of each year until September 30th of the following year (annual fiscal year). The Amended Agreement will expire September 30, 2023, unless otherwise renewed. The obligations of the parties to this Agreement are subject to the annual budget appropriation for each City. 11.02. Either party may terminate this Agreement by written notice sent not less than six (6) months prior to the annual expiration date. 11.03. This Agreement is the entire Agreement of the parties and may be changed or amended only by written agreement of both parties. 11.04. In the event of termination of this Agreement, COLLEGE STATION and BRYAN shall return to the other entity any of the other’s personal property, and BRYAN shall reimburse COLLEGE STATION it’s pro rata share of any prepaid subscriptions or services. Notwithstanding the foregoing, all library materials purchased for the Premises pursuant to this Agreement shall be the property of COLLEGE STATION. ARTICLE XII. MISCELLANEOUS PROVISIONS 12.01. It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. 12.02. The terms and conditions of this Agreement may be amended upon the mutual written consent of both parties. Mutual consent will be demonstrated approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 12.03. This Agreement is governed in accordance with the laws of the State of Texas. Venue shall be in Brazos County, Texas. 12.04. Except as otherwise provided below, this Agreement may not be assigned by either party hereto without the prior written consent of the non-assigning party. Page 286 of 512 8 12.05. Notice which shall or may be given in accordance with the terms of this Agreement, shall be in writing and shall be hand delivered by expedited delivery service with proof of delivery, sent by United States mail, registered or certified, adequate postage prepaid, return receipt requested, or by email, addressed to the following Parties: City of College Station: City of College Station City Manager’s Office P.O. Box 9960 110 Texas Avenue South College Station, TX 77842-9960 Telephone: (979) 764-3510 Email: cmo@cstx.gov City of Bryan: City of Bryan City Manager’s Office 300 South Texas Avenue Bryan, Texas 77805 Telephone: (979) 209-5106 Email: executiveservicesweb@bryantx.gov (The remainder of this page intentionally left blank.) Page 287 of 512 9 CITY OF COLLEGE STATION _____________________________ _____________ Mayor Date ATTEST: ______________________________ ______________ City Secretary Date APPROVED: _______________________________ ______________ City Manager Date _______________________________ ______________ City Attorney Date ________________________________ ______________ Mary Ellen Leonard, Chief Financial Officer Date CITY OF BRYAN _______________________________ ______________ Mayor Date ATTEST: _______________________________ _______________ City Secretary Date APPROVED AS TO FORM _______________________________ _______________ City Attorney Date Page 288 of 512 10 Exhibit “A” Payment Formula: P = CB+I+BV-R-IL P = Total amount COLLEGE STATION will pay BRYAN in upcoming fiscal year. CB = Current fiscal year COLLEGE STATION Library Services and janitorial services for Larry J. Ringer Library to be provided for by BRYAN. I = Estimated BRYAN Indirect Costs for Larry J. Ringer Library in upcoming fiscal year as calculated per Exhibit “B”. BV = Prior fiscal year COLLEGE STATION Library Services variance for Larry J. Ringer Library. R = Prior year Larry J. Ringer Library revenue. IL = Payment due from BRYAN to COLLEGE STATION for 50% of costs associated with the O&M costs for Twin City Inter-Library Loan Program. Page 289 of 512 11 Exhibit “B” INDIRECT COSTS 1.Executive Services 2.Communications & Marketing 3.Internal Audit 4.Finance 5.Budget 6.Purchasing 7.Information Technology 8.Human Resources *COLLEGE STATION’s share of the above indirect costs are based on a study conducted regularly from an independent firm. Page 290 of 512 October 12, 2023 Item No. 7.12. Annual Purchase Agreement Renewal for Sodium Hypochlorite Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on renewing a contract with DXI Industries, Inc for the annual purchase of sodium hypochlorite. The estimated annual expenditure for sodium hypochlorite is $330,770. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval to renew contract #23300188R1 with DXI Industries, Inc. for the annual purchase of sodium hypochlorite. Summary: Current Texas Commission on Environmental Quality (TCEQ) regulations require that all public water systems contain minimum disinfectant levels. To achieve this requirement, the City of College Station’s water treatment process utilizes sodium hypochlorite as a disinfection agent. DXI Industries, Inc was previously selected in a competitive bid process and was awarded contract #23300188. This annual contract is due to expire and includes an option to renew. DXI Industries, Inc’s renewal quotation reflects a 10% increase in unit cost that meets contract terms and purchasing requirements. Because DXI Industries, Inc’s product represents the best value for the City of College Station’s water treatment process, staff recommends the renewal of this annual purchase agreement for a one (1) year period. Budget & Financial Summary: Water Operating funds are budgeted and available for the anticipated amount of usage. Attachments: 1. Renewal Contract #23300188R1 Page 291 of 512 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 292 of 512 the heart of the Research Valley RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew contract no.23300188 for Annual Price Agreement for Sodium Hypochlorite in accordance with all terms and conditions previously agreed to with a ten percent (10%) unit price increase for an amount not to exceed Three Hundred Thirty Thousand Seven Hundred Seventy and No/100 Dollars ($330,770.00). Yr 1 Unit price 10% Unit Price increase New Unit Price 1 155,000 Gal. 12.5% Sodium Hypochlorite $1.94 .194 $2.134 I understand this renewal term will be for the period beginning November 1, 2023, through October 31, 2024. This is the first of two renewal options. DXI INDUSTRIES, INC. CITY OF COLLEGE STATION By: By: City Manager Title: Date:________________ Date: APPROVED: City Attorney Date:_____________ Asst. City Manager Date:_____________ Page 293 of 512 1,000,000 14260719-05 HOU-003947745-08 1,000,000 X 27855 N X05/01/2023 8 05/01/2024BAP-0281372-06 B 2,000,000 1,000,000 Zurich American Insurance Company of Illinois 1,000,000 X X X 09/27/2023 05/01/2023 Certificate Holder is/are included as additional insured (except workers’ compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. PO Box 9960 College Station, TX 77842 City of College Station A CN102106122-DX-GAWU-23-24 25,000 05/01/2024 1,000,000 2,000,000 26883 300,000 1,000,000 WC-0281374-06 2929 Allen Parkway, Suite 2500 MARSH USA, LLC. Houston, TX 77019 1919 Jacinto Port Blvd. DXI Industries, Inc. Houston, TX 77015 05/01/2023 Risk Management Department B _ 05/01/2024 AIG Specialty Insurance Company Page 294 of 512 Page 295 of 512 Page 296 of 512 Page 297 of 512 Page 298 of 512 Page 299 of 512 Page 300 of 512 Page 301 of 512 FORM MCS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 I USDOT Number: 343510 Date Received: Please note, the expiration date as stated on this form relates to the process for renewing the Information Collection Request for this form with the Office of Management and Budget. This requirement to collect information as requested on this form does not expire. For questions, please contact the Office of Registration and Safety Information, Registration, Licensing, and Insurance Division. A Federal Agency may not conduct or sponsor, and a person is not required to respond to , nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response , including the time for reviewing instructions , gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. _,,u•~ {~~% United States Department of Transportation \!,~) Federal Motor Carrier Safety Administration Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS-90 Issued to DXI INDUSTRIES, INC. of (Motor Carrier name) Dated at Schaumburg, IL on this _1 O __________ day of February Amending Policy Number: BAP 0281372 -06 Effective Date: 05/01/2023 Name of Insurance Company: Zurich American Insurance Company Texas (Motor Carrier state or province) 2023 ~~~~CL Countersigned by: _________________ _ (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check only one): ® This insurance is primary and the company shall not be liable for amounts in excess of$ 1,000,000 for each accident. Q This insurance is excess and the company shall not be liable for amounts in excess of$ for each accident in excess of the underlying limit of$ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees , upon telephone request by an authorized representative of the FMCSA , to verify that the policy is in force as of a particular date. The telephone number to call is: 1 (800) 382-2150 Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U .S .C . 13901 , by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington , DC). Filings must be transmitted online via the Internet at http://www.fmcsa.dot.gov/urs . (continued on next page) FORM MCS-90 Page 1 of 3 Rev 6/3/2021 Page 302 of 512 FORM MCS-90 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay , within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement OMB No.: 2126-0008 Expiration: 05/31/2024 Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily injury, property damage, and environmental restoration . thereon , or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured . However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein , the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. (continued on next page) FORM MCS-90 Page 2 of 3 Page 303 of 512 FORM MCS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 I SCHEDULE OF LIMITS -PUBLIC LIABILITY I Type of carriage (1) For-hire (in interstate or foreign commerce , with a gross vehicle weight rating of 10 ,001 or more pounds). (2) For-hire and Private (in interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). (3) For-hire and Private (in interstate or foreign commerce, in any quantity; or in intrastate commerce , in bulk only; with a gross vehicle weight rating of 10 ,001 or more pounds). (4) For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10 ,001 pounds). Commodity transported Property (nonhazardous) Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks , or hopper- type vehicles with capacities in excess of 3,500 water gallons ; or in bulk Division 1.1, 1.2 , and 1.3 materials, Division 2.3 , Hazard Zone A , or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2 ; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. Oil listed in 49 CFR 172.101 ; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171 .8 and listed in 49 CFR 172 .101 , but not mentioned in (2) above or (4) below. Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material ; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. *The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only. FORM MCS-90 Page 3 of 3 January 1, 1985 $750,000 $5 ,000,000 $1 ,000,000 $5,000,000 Page 304 of 512 October 12, 2023 Item No. 7.13. Annual Purchase Agreement Renewal for Chlorine Gas Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on renewing a contract with DXI Industries, Inc. for the annual purchase of chlorine gas. The estimated annual expenditure for chlorine gas is $250,000. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval to renew contract #23300800R1 with DXI Industries, Inc. for the annual purchase of chlorine gas. Summary: Current Texas Commission on Environmental Quality (TCEQ) regulations require that all public water systems contain minimum disinfectant levels. To achieve this requirement, the City of College Station’s water treatment process utilizes chlorine gas as its primary disinfection agent. DXI Industries, Inc was previously selected in a competitive bid process and was awarded contract #23300800. This annual contract is due to expire and includes an option to renew. DXI Industries, Inc’s renewal quotation does not reflect an increase in unit costs. Because DXI Industries, Inc’s product represents the best value for the City of College Station’s water treatment process, staff recommends the renewal of this annual purchase agreement for a one (1) year period. Budget & Financial Summary: Water Operating funds are budgeted and available for the anticipated amount of usage. Attachments: 1. Renewal Contract #22300800R1 Page 305 of 512 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 306 of 512 the heart of the Research Valley RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew contract no.22300800 for Annual Price Agreement for chlorine gas in accordance with all terms and conditions previously agreed to with a for an amount not to exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). I understand this renewal term will be for the period beginning November 1, 2023, through October 31, 2024. This is the first of two renewal options. DXI INDUSTRIES, INC. CITY OF COLLEGE STATION By: By: City Manager Title: Date:________________ Date: APPROVED: City Attorney Date:_____________ Asst. City Manager Date:_____________ Page 307 of 512 August 24, 2023 Re: Quote Number 05-081822-01 Brandi Whittenton City of College Station 1101 Texas Ave. College Station, TX 77840 Ms. Whittenton, As per your request, I would like to extend you an offer for gaseous chlorine consistent with our recent renewal offer to the City of Bryan (RFB) 23-053 for renewal through 09/24. We are pleased to be able to offer: Product: Gaseous Chlorine Package Size: Ton container Quantity: 90 tons, estimated annual usage Price per Ton: $ 2.425 per container Freight: Included Delivery: FOB, College Station, TX Lead time: 3 – 4 days ARO Price Valid: September 2023 through September 2024 Price quoted, includes regular deliveries, Monday through Friday 8am through 5pm, no weekend or holiday deliveries included. Standard fuel surcharge and hazardous material handling fees may apply. Estimated quantity is not a guarantee to purchase. You may place your orders by calling customer service at (281) 457-4848 or emailing dxicustomerservice@dxservice.com . Thank you for the opportunity to quote, please let me know if you have any questions, or if can be of any further assistance. Lenny Leal DXI Industries, Inc. Regional Sales Manager 361 946-1358 DXI INDUSTRIES, INC. P.O. Box 24600 Houston, TX 77229-4600 (281) 457-4888 (281-) 457-4832 Page 308 of 512 1,000,000 14260719-05 HOU-003947745-08 1,000,000 X 27855 N X05/01/2023 8 05/01/2024BAP-0281372-06 B 2,000,000 1,000,000 Zurich American Insurance Company of Illinois 1,000,000 X X X 09/27/2023 05/01/2023 Certificate Holder is/are included as additional insured (except workers’ compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. PO Box 9960 College Station, TX 77842 City of College Station A CN102106122-DX-GAWU-23-24 25,000 05/01/2024 1,000,000 2,000,000 26883 300,000 1,000,000 WC-0281374-06 2929 Allen Parkway, Suite 2500 MARSH USA, LLC. Houston, TX 77019 1919 Jacinto Port Blvd. DXI Industries, Inc. Houston, TX 77015 05/01/2023 Risk Management Department B _ 05/01/2024 AIG Specialty Insurance Company Page 309 of 512 Page 310 of 512 Page 311 of 512 Page 312 of 512 Page 313 of 512 Page 314 of 512 Page 315 of 512 Page 316 of 512 FORM MCS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 I USDOT Number: 343510 Date Received: Please note, the expiration date as stated on this form relates to the process for renewing the Information Collection Request for this form with the Office of Management and Budget. This requirement to collect information as requested on this form does not expire. For questions, please contact the Office of Registration and Safety Information, Registration, Licensing, and Insurance Division. A Federal Agency may not conduct or sponsor, and a person is not required to respond to , nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response , including the time for reviewing instructions , gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. _,,u•~ {~~% United States Department of Transportation \!,~) Federal Motor Carrier Safety Administration Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS-90 Issued to DXI INDUSTRIES, INC. of (Motor Carrier name) Dated at Schaumburg, IL on this _1 O __________ day of February Amending Policy Number: BAP 0281372 -06 Effective Date: 05/01/2023 Name of Insurance Company: Zurich American Insurance Company Texas (Motor Carrier state or province) 2023 ~~~~CL Countersigned by: _________________ _ (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check only one): ® This insurance is primary and the company shall not be liable for amounts in excess of$ 1,000,000 for each accident. Q This insurance is excess and the company shall not be liable for amounts in excess of$ for each accident in excess of the underlying limit of$ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees , upon telephone request by an authorized representative of the FMCSA , to verify that the policy is in force as of a particular date. The telephone number to call is: 1 (800) 382-2150 Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U .S .C . 13901 , by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington , DC). Filings must be transmitted online via the Internet at http://www.fmcsa.dot.gov/urs . (continued on next page) FORM MCS-90 Page 1 of 3 Rev 6/3/2021 Page 317 of 512 FORM MCS-90 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay , within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement OMB No.: 2126-0008 Expiration: 05/31/2024 Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily injury, property damage, and environmental restoration . thereon , or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured . However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein , the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. (continued on next page) FORM MCS-90 Page 2 of 3 Page 318 of 512 FORM MCS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 I SCHEDULE OF LIMITS -PUBLIC LIABILITY I Type of carriage (1) For-hire (in interstate or foreign commerce , with a gross vehicle weight rating of 10 ,001 or more pounds). (2) For-hire and Private (in interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). (3) For-hire and Private (in interstate or foreign commerce, in any quantity; or in intrastate commerce , in bulk only; with a gross vehicle weight rating of 10 ,001 or more pounds). (4) For-hire and Private (In interstate or foreign commerce, with a gross vehicle weight rating of less than 10 ,001 pounds). Commodity transported Property (nonhazardous) Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks , or hopper- type vehicles with capacities in excess of 3,500 water gallons ; or in bulk Division 1.1, 1.2 , and 1.3 materials, Division 2.3 , Hazard Zone A , or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2 ; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. Oil listed in 49 CFR 172.101 ; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171 .8 and listed in 49 CFR 172 .101 , but not mentioned in (2) above or (4) below. Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material ; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. *The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only. FORM MCS-90 Page 3 of 3 January 1, 1985 $750,000 $5 ,000,000 $1 ,000,000 $5,000,000 Page 319 of 512 October 12, 2023 Item No. 8.1. Wellborn District Plan Sponsor: Michael Ostrowski, Director of Planning and Development Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan to amend the Wellborn Community Plan and rename it the Wellborn District Plan, to amend the planning areas and future land use descriptions within Chapter 2. Distinctive Places, to amend the Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land Use & Character Map, to amend the Comprehensive Plan – Functional Classification & Context Class Map, and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master Plan including the Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map. Relationship to Strategic Goals: • Good Governance • Financial Sustainability • Core Services & Infrastructure • Neighborhood Integrity • Diverse & Growing Economy • Improving Mobility • Sustainable City Recommendation(s): Staff recommends approval. The Planning and Zoning Commission heard this item at their October 5, 2023 meeting and recommended 5-0 to approve. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their September 18, 2023 meeting and recommended 7-0 to approve. Summary: The Wellborn District Plan, an important priority project from the FY23 PDS Plan of Work, has been underway since January 2023. This item comes from Comprehensive Plan Action 2.2, to prioritize and undertake detailed small area plans for priority areas. The Wellborn area has experienced changed conditions in recent years and is facing continued development pressures for growth. The Wellborn District Plan aims to create a cohesive district that reflects the residents’ vision for the community, recognizes the unique character of Wellborn, and supports the overall vision of College Station. Staff engaged the community throughout the planning effort by hosting four working group meetings, five area-wide meetings, and a virtual area-wide meeting, as well as a virtual engagement website to gather community feedback. Additionally, staff coordinated with representatives from the Texas Department of Transportation on the future widening of FM 2154 and its impact on the planning area. City staff also worked internally to ensure the plan meets the needs of all departments and maintains the City’s excellent services. Page 320 of 512 Background: The Wellborn District Plan is an updated planning effort built upon the Wellborn Community Plan’s foundation, which established a vision and planned for coordinated actions from 2013-2023. Updating this small area plan offered the opportunity to take a closer look at the Wellborn area within the City of College Station, develop area-specific approaches to implementing the Comprehensive Plan, and directly engage with residents on the future of their area. This update covers a timeframe of 2023-2033 and serves as a statement of the Wellborn community’s vision for the future. It provides goals and actions on a broad range of topics and provides strategic direction to maintain the rural character of Wellborn while managing small-scale growth and maintaining a high quality of life. The area was annexed into the City of College Station in 2011. That process was contentious, and the development of the original Wellborn Community Plan following annexation provided residents, landowners, and business owners the opportunity to help shape the plan’s focus on preserving the rural and historical character of Wellborn. The planning area for the 2013 plan, as well as this 2023 update, covers the annexed areas as well as adjacent properties that are under non-annexation development agreements. Staff will present the finalized Wellborn District Plan and associated changes for consideration and possible adoption by the City Council. Budget & Financial Summary: N/A Attachments: 1. Ordinance and Exhibit A 2. Exhibit B 3. Exhibit C 4. Exhibit D 5. Exhibit E 6. Exhibit F Page 321 of 512 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN TO AMEND TO THE WELLBORN COMMUNITY PLAN AND RENAME IT THE WELLBORN DISTRICT PLAN, TO AMEND THE PLANNING AREAS AND FUTURE LAND USE DESCRIPTIONS WITHIN CHAPTER 2. DISTINCTIVE PLACES, TO AMEND THE COMPREHENSIVE PLAN – PLANNING AREAS MAP, TO AMEND THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP, TO AMEND THE COMPREHENSIVE PLAN – FUNCTIONAL CLASSIFICATION & CONTEXT CLASS MAP, AND TO AMEND ASSOCIATED MAPS IN THE BICYCLE, PEDESTRIAN, AND GREENWAYS MASTER PLAN INCLUDING THE PROPOSED BICYCLE FACILITIES MAP AND THE PROPOSED PEDESTRIAN FACILITIES MAP; 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 to renumber Subsection “B. Master Plans”, revise the name and adoption date in renumbered Subsection “B.11”, and to add new Subsections “C.7”, “D.1.d”, “E.1.f”, “E.2.c”, and “E.3.b” of Exhibit “A” thereto as set out in Exhibit “A”, as further described in Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E”, and Exhibit “F”, 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 12th day of October, 2023. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 322 of 512 ORDINANCE NO. ___________ EXHIBIT A That Ordinance No.4303 adopting the “Official City of College Station Comprehensive Plan” as amended, is hereby amended to renumber Subsection “B. Master Plans”, revise the name and adoption date in renumbered Subsection “B.11”, and to add new Subsections “C.7”, “D.1.d”, “E.1.f”, “E.2.c”, and “E.3.b” 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. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 5. Parks, Recreation, and Open Spaces Master Plan dated July 2011; 6. Medical District Master Plan dated October 2012; 7. The Water System Master Plan dated April 2017; 8. The Wastewater System Master Plan dated April 2017; 9. Economic Development Master Plan dated May 2020; 10. Northeast Gateway Redevelopment Plan dated September 2023; and 11. Wellborn District Plan dated October 2023. Page 323 of 512 ORDINANCE NO. ___________ C. Master Plan Amendments The following Master Plan Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Expiring the East College Station Transportation Study dated May 2005 – Ordinance 4404, dated November 10, 2022. 2. Expiring the Central College Station Neighborhood Plan dated June 2010 – Ordinance 4404, dated November 10, 2022. 3. Expiring the Eastgate Neighborhood Plan dated June 2011 – Ordinance 4404, dated November 10, 2022. 4. Expiring the Southside Area Neighborhood Plan dated August 2012 – Ordinance 4404, dated November 10, 2022. 5. Expiring the South Knoll Neighborhood Plan dated September 2013 – Ordinance 4404, dated November 10, 2022. 6. Amended as shown in the Northeast Gateway Redevelopment Plan for Map 5.4 Proposed Bicycle Facilities and Map 5.5 Proposed Pedestrian Facilities within the Bicycle, Pedestrian, and Greenways Master Plan – Ordinance 2023-4470, dated September 28, 2023. 7. Amended as shown in the Wellborn District Plan for Map 5.4 Proposed Bicycle Facilities and Map 5.5 Proposed Pedestrian Facilities within the Bicycle, Pedestrian, and Greenways Master Plan – this Ordinance, dated October 12, 2023. 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. b.Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to remove expired plans – Ordinance 4404, dated November 10, 2022. c.Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to rename the Texas Avenue & University Drive (FM 60) Page 324 of 512 ORDINANCE NO. ___________ Redevelopment Area to the Northeast Gateway Redevelopment Plan – Ordinance 2023-4470, dated September 28, 2023. d.Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to update it to the Wellborn District Plan, to revise the Future Land Use & Character descriptions to remove the Wellborn future land use and incorporate it and the Wellborn-specific zoning districts into the Neighborhood Commercial, Suburban Residential, and Estate Residential future land use descriptions and generally appropriate zoning districts – this Ordinance, October 12, 2023. 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 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 4388, dated September 8, 2022 d. Approximately 2.611 acres of land, generally located at 100 - 170 Graham Road from Business Center to Neighborhood Commercial – Ordinance 4435, dated May 15, 2023. e. Amended as shown in the Northeast Gateway Redevelopment Plan – Ordinance 2023-4470, dated September 28, 2023. f. Amended as shown in the Wellborn District Plan – this Ordinance, dated October 12, 2023. 2. Planning Areas Map: a. Removing the Central College Station Neighborhood Plan, Eastgate Neighborhood Plan, Southside Area Neighborhood Plan, and South Knoll Neighborhood Plan – Ordinance 4404, dated November 10, 2022. b. Renaming the Texas Avenue & University Drive (FM 60) Redevelopment Area to the Northeast Gateway Redevelopment Plan – Ordinance 2023-4470, dated September 28, 2023. Page 325 of 512 ORDINANCE NO. ___________ c. Renaming the Wellborn Community Plan to the Wellborn District Plan – this Ordinance, dated October 12, 2023. 3. Functional Classification & Context Class Map: a. Amended as shown in the Northeast Gateway Redevelopment Plan – Ordinance 2023-4470, dated September 28, 2023. b. Amended as shown in the Wellborn District Plan – this Ordinance, dated October 12, 2023. 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. 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. Page 326 of 512 ORDINANCE NO. ___________ 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 327 of 512 ORDINANCE NO. ___________ EXHIBIT B That the “Official City of College Station Comprehensive Plan” is hereby amended by adopting and making part of it the “Wellborn District Plan” to read as follows: Page 328 of 512 WELLBORN DISTRICT PLAN Adopted October 12, 2023 Page 329 of 512 2CSTX.GOV | WELLBORN DISTRICT PLAN Contents CHAPTER 1 Plan Foundation CHAPTER 2 Distinctive Places CHAPTER 3 Integrated Mobility CHAPTER 4 Plan Implementation APPENDIX A Existing Conditions APPENDIX B Public Engagement Summary 5 11 18 27 31 53 Page 330 of 512 3CSTX.GOV | WELLBORN DISTRICT PLAN MAPS Map 2.1: Future Land Use & Character Map Modifications Map 3.1: Thoroughfare Plan Modifications Map 3.2: Bicycle Plan Modifications Map 3.3: Pedestrian Plan Modifications Map A.1: Existing Land Use Map A.2: Existing Zoning Map A.3: Code Enforcement Case Density Map A.4: Development Activity Map A.5: Existing Thoroughfare Plan Map A.6: Existing Bicycle Plan Map A.7: Existing Pedestrian Plan Map A.8: Crash Density Map A.9: Water Service Areas Map A.10: Wastewater Service Areas Map A.11: Electric Service Areas Map A.12: Floodplain Contents 14 21 23 24 34 35 38 40 43 44 45 47 49 50 51 52 Page 331 of 512 4CSTX.GOV | WELLBORN DISTRICT PLAN FIGURES Figure 1.1: Wellborn District Boundary Figure 1.2: Planning Process Figure 2.1: Rural Community Concept Figure 2.2: Central Sign Element Concept TABLES Table 4.1: Implementation Matrix Table A.1: Code Enforcement Cases, 2012-2022 Table A.2: Development Activity, 2012-2022 Contents 6 7 16 16 30 37 39 Page 332 of 512 ADOPTED OCTOBER 12, 2023 The Wellborn District Plan is an updated planning effort built upon the Wellborn Community Plan’s foundation, which established a vision and planned for coordinated actions from 2013-2023. Updating this small area plan offers the opportunity to take a closer look at the Wellborn area within the City of College Station, develop area- specific approaches to implementing the Comprehensive Plan, and directly engage with residents on the future of their area. This update covers 2023-2033 and serves as a statement of the Wellborn community’s vision for the future. It provides goals and actions on a broad range of topics and provides strategic direction to maintain the rural character of Wellborn while managing small-scale growth and maintaining a high quality of life. In October 2033, on the 10-year anniversary of this plan’s adoption date, the plan is officially retired and serves as a historical reference only. Subsequently, the City of College Station can choose to analyze whether a renewed planning effort is warranted or whether the goals of this plan have been satisfactorily implemented. Similarly, with the adoption of this updated plan in 2023, the original Wellborn Community Plan is retired and serves as a historical reference. PLAN FOUNDATION1 Page 333 of 512 6CSTX.GOV | WELLBORN DISTRICT PLAN Planning Area The Wellborn District is located in the southwestern portion of the city and includes much of what remains of the historic Wellborn community. The planning area is made up of over 929 acres and is bounded by I&GN Road, Victoria Avenue, Royder Rd, Barron Cut-off Road, and Capstone Drive as shown in Figure 1.1: Wellborn District Boundary. This area includes a mix of ranch and acreage lots, with commercial uses located along the primary thoroughfare (FM 2154). There are approximately 470 residents who live within the planning boundary. The area was annexed into the City of College Station in 2011. That process was contentious, and the development of the original Wellborn Community Plan following annexation provided residents, landowners, and business owners the opportunity to help shape the plan’s focus on preserving the rural and historical character of Wellborn. The planning area for the 2013 plan, as well as this 2023 update, covers the annexed areas and adjacent properties that are under non-annexation development agreements. In 2022, a small area plan audit found that about 60% of the actions of the Wellborn Community Plan were completed. Figure 1.1: Wellborn District Boundary Page 334 of 512 7CSTX.GOV | WELLBORN DISTRICT PLAN Plan Creation RELATIONSHIP TO THE COMPREHENSIVE PLAN The need to update the Wellborn Community Plan was identified by community members, City staff, the Planning and Zoning Commission, and the City Council during the evaluation and adoption of the Comprehensive Plan in 2021. Many participants of that process acknowledged continued development pressures in the area and that small-scale growth in limited areas may be appropriate. The Comprehensive Plan calls for the renewed planning effort in the Wellborn area and Comprehensive Plan Action 2.2 directs staff to prioritize and undertake detailed plans for priority neighborhoods, districts, corridors, or redevelopment areas. The Wellborn District Plan update was identified as a high priority project by the Planning and Zoning Commission and the City Council. This is the second small area plan to be adopted under the 2021 City of College Station Comprehensive Plan. PLANNING PROCESS In November 2022, City staff began compiling existing conditions data of the planning area to identify changes in the area and trending conditions in preparation for the first public meetings. A key component of plan creation is ensuring that the residents within the area are involved in developing the vision for the planning area. Through this planning effort, residents were engaged multiple times between January and August 2023. There were a total of six area-wide meetings for this planning effort, five of which were in- person, and one was held virtually. Each meeting progressed further into the planning process and asked residents to provide feedback on a range of topics. The beginning phase included community visioning and brainstorming for the future of Wellborn. During the Phase 1 meetings, participants were asked to evaluate the existing plan goal statements, the strengths of the area that should be maintained, and any potential changes. One of the initial topics of concern was the planning boundary. City staff analyzed a larger boundary than the original Wellborn Community Plan to holistically assess the pressures placed on the community including traffic, congestion, housing density, and demand for utilities. While the original boundary is being honored within this updated plan, residents within and around the planning area participated in the planning effort, and all feedback was considered during this plan update. There are a few established neighborhoods that border the Wellborn planning boundary – Creek Meadows subdivision, Sweetwater Forest, and Estates at Royder to name a few. City staff organized the Phase 1 comments into broader categories that helped inform the second phase of public engagement, as well as revised the goals based on resident feedback. The Phase 2 meetings focused on defining what rural character looks like within Wellborn, where different land uses should be located, and began to draft actions that will help implement the goals. City staff hosted an additional meeting during Phase 2 to focus on infrastructure within the district including water and wastewater provision and service limitations, capital projects within the area, and the ongoing FM 2154 widening project being led by the Texas Department of Transportation (TxDOT). Page 335 of 512 8CSTX.GOV | WELLBORN DISTRICT PLAN While a separate project, the FM 2154 widening project was a topic of interest and concern to many meeting participants throughout the first two rounds of public engagement. As such, City staff invited TxDOT representatives to two area-wide meetings to provide more details about the widening project and to hear directly from community members. City staff wrapped the first two phases of the planning effort by conducting workshops with the Planning and Zoning Commission and City Council to explain the process and public input received thus far and ask for input and direction. The City Council directed staff to maintain the original boundaries of the Wellborn plan based on public input. The third and fourth stages of the planning effort involved proposed changes to the Comprehensive Plan’s Future Land Use & Character Map and Thoroughfare Plan, and the Bicycle, Pedestrian, and Greenways Master Plan maps and testing those proposed changes with meeting participants. Staff then worked to incorporate resident feedback and finalize the plan document and its associated map. The final stage of this planning effort included meetings with the Bicycle, Pedestrian, and Greenways Advisory Board, the Planning and Zoning Commission, and City Council. The final plan was presented to the board and commission for their recommendation. The plan, along with the recommendations from the board and commission, was forwarded to the City Council for final adoption. After adoption, plan implementation will occur over the planning horizon through City investments in infrastructure and programs, changes in regulations and policies that support Wellborn’s rural character, and private development decisions. PROJECT TEAMS Every planning effort requires coordination between community members, stakeholders, staff, and appointed and elected officials. This planning effort engaged a working group of volunteers, City staff, the Planning and Zoning Commission, the City Council, and the general public to build the plan’s vision, goals, and actions. Members of the various project teams are identified in the Acknowledgements at the end of the plan. Staff Resource Team The Staff Resource Team consisted of representatives from each department within the City to shepherd the plan and offer internal coordination opportunities. The Staff Resource Team met after each phase of the project to talk through any new information or decisions and confirm the roadmap for the next phase of the project. Page 336 of 512 9CSTX.GOV | WELLBORN DISTRICT PLAN Planning & Development Services Resource Team The Planning & Development Services Resource Team was comprised of staff from each of the divisions within the Planning & Development Services department to provide periodic updates and prepare for meetings with the Staff Resource Team and Working Group. This team met every other month in addition to bi-weekly check-ins on progress. Working Group The Working Group was a group of individuals who volunteered to help City staff determine the direction of the plan and provide more focused input throughout its creation. The group was comprised of 37 property and business owners and residents within or around the planning area. Participants learned about small-area planning, offered direction on specific components of the plan, and served as ambassadors for the project in their community circles. The group met four times during the planning process to provide guidance to staff and feedback in advance of the area-wide meetings. This group also helped to advocate for the original Wellborn community and its history. Page 337 of 512 10CSTX.GOV | WELLBORN DISTRICT PLAN Plan Goals & Structure The Wellborn District Plan is of interest to community residents, investors, developers, business owners, and others interested in how the district will respond and adapt over the next 10 years. The plan is divided into topic-based chapters that each contain a specific goal, corresponding actions, narrative, and maps that provide direction to realize the community’s vision. CHAPTER 1: PLAN FOUNDATION The first chapter details the history and context of the plan area and provides an overview of the planning process and the public participation opportunities. CHAPTER 2: DISTINCTIVE PLACES GOAL: Preserve the core rural character of Wellborn with small-scale growth that enhances the uniqueness and history of the area. This chapter establishes planning strategies for future small-scale growth and appropriate development while balancing the community’s desire to maintain the rural roots of the Wellborn area. CHAPTER 3: INTEGRATED MOBILITY GOAL: Promote a safe, efficient, and connected mobility system that encourages transportation options while recognizing the lower density of the district. This chapter ensures the development of a cohesive and context-sensitive mobility network for all users within the district. This includes contextually appropriate integration of shared- use paths, road connections, and other changes identified through the planning process. CHAPTER 4: PLAN IMPLEMENTATION The final chapter establishes accountability for the execution of this plan and guides the necessary processes that come with plan implementation. It collates the plan actions from the previous chapters and identifies implementation priorities and strategies. Page 338 of 512 11CSTX.GOV | WELLBORN DISTRICT PLAN GOAL Preserve the core rural character of Wellborn with small-scale growth that enhances the uniqueness and history of the area. DISTINCTIVE PLACES2 Page 339 of 512 12CSTX.GOV | WELLBORN DISTRICT PLAN Purpose This chapter provides guidance for the preservation of the rural character of the Wellborn District. Future development within the area should fit within the established community vision for limited growth in appropriate areas that enhance the historic, rural feel of the community. The Wellborn District Plan accomplishes this by retooling the Wellborn zoning districts as design districts that enhance the rural character and further identifies opportunities for improvements that the City can implement in tandem with private development decisions. Input from the district’s residents and business owners identified a desire to preserve the natural and historical features of the original Wellborn community while also allowing small-scale development opportunities. Therefore, this plan places a high priority on maintaining the rural character of the district. Community Preservation & Design The historic Wellborn area dates to before the City of College Station was established. While most historical sites have been demolished over the years, there is a desire from the community to capture and highlight the community’s roots. Effective design helps to create places of distinction – places worth remembering and protecting – and contributes significantly to the quality of life. During the public engagement for this plan, participants expressed a desire to maintain larger residential lots to preserve the natural open space within the community as well as commercial buildings that have a unified design representative of the original ranch and homestead-style architecture seen within the area. This character has been captured through the Wellborn zoning districts that were established in 2016 after the adoption of the Wellborn Community Plan. These zoning districts are described in further detail later in this chapter. After hearing concerns from participants regarding certain aspects of the current zoning districts, this planning effort identified that the Wellborn zoning districts should become a design district within the Unified Development Ordinance (UDO), which could further require certain design elements for buildings within the planning boundary. Plan participants also made several comments about property owners not following municipal codes. A design district helps with community place-making and builds cohesion. Combining the design district with additional educational efforts increases the likelihood of compliance with the City’s standards. Page 340 of 512 13CSTX.GOV | WELLBORN DISTRICT PLAN Future Land Use Future land use serves as a guide for how all property within the city may develop in the future. Each future land use category contains a character-based description and overall intent of the category, along with generally appropriate zoning districts that help achieve the desired character. In determining appropriate land use classifications, the existing land use and character were considered. The planning processes included discussions that prompted participants to identify land uses they would like to see within the planning boundary. The result of those discussions is the proposed modifications to the Comprehensive Plan Future Land Use & Character Map listed below and shown visually within Map 2.1: Future Land Use & Character Map Modifications. FUTURE LAND USE MODIFICATIONS After the adoption of the Wellborn Community Plan in 2013, ten future land uses were created and implemented for the Wellborn planning area. In subsequent years, many stakeholders – including residents, business owners, developers, staff, and appointed and elected officials alike – noted that the granular level of Wellborn future land use categories was overly specific and unintentionally functioned in a “pre-zoning” fashion, requiring that most zoning change requests also involve a future land use change request. During the 2021 update to the Comprehensive Plan, there were no changes to the Wellborn future land uses, as this planning effort was anticipated to begin shortly after the updated Comprehensive Plan was adopted. With the adoption of this Wellborn plan update, the modifications help align the future land uses categories to other parts of College Station and the City’s updated Comprehensive Plan. The future land uses within the Wellborn District now include Neighborhood Commercial, Suburban Residential, Estate Residential, Rural, Business Center, Institutional/Public, and Natural & Open Areas. These are represented visually in Map 2.1 Future Land Use & Character Map Modifications, and the category descriptions and associated zoning district(s) that are generally appropriate are found within the City’s Comprehensive Plan. In addition to the map edits, there are revised future land use category descriptions within the Comprehensive Plan to better embrace the Wellborn area and its desired rural character. The edits include indicating that only the Wellborn zoning districts – WC Wellborn Commercial, WRS Wellborn Restricted Suburban, and WE Wellborn Estate – as well as the BP Business Park, BPI Business Park Industrial, CI Commercial Industrial, R Rural, and NAP Natural Areas Protected zoning districts are permitted zoning districts within the Wellborn District boundary. The specificity for Wellborn-only zoning controls remains and is embodied within the Wellborn zoning districts, which will be retooled into a Wellborn design district as an action within this plan. Page 341 of 512 [INSERT MAP 2.1: FUTURE LAND USE & CHARACTER MAP MODIFICATIONS – 11X17 PAGE SPREAD] Future Land Use & Character Map Modifications WELLBORN DISTRICT FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY NEIGHBORHOOD COMMERCIAL SUBURBAN RESIDENTIAL ESTATE RESIDENTIAL RURAL NATURAL & OPEN AREAS INSTITUTIONAL/PUBLIC PARKS & GREENWAYS M AP 2.1 BUSINESS CENTER Page 342 of 512 15CSTX.GOV | WELLBORN DISTRICT PLAN Zoning The Wellborn Community Plan called for the creation of several zoning districts specifically for the Wellborn area. This led to the creation of three zoning districts: WC Wellborn Commercial, WRS Wellborn Restricted Suburban, and WE Wellborn Estate. While the Wellborn Community Plan also called for the creation of additional zoning districts, such as Wellborn Business Park, other citywide zoning districts were created and determined to meet the goals of the Wellborn Community Plan as well as the needs of the city as a whole. As of the writing of this plan, the Wellborn zoning districts are all being utilized in the Wellborn District. However, there are also zoning districts present in the planning area that are not Wellborn-specific districts; most of these properties were zoned before the creation of the Wellborn zoning districts in 2016. Additionally, when an area is annexed into the City of College Station it is automatically designated as R Rural, regardless of the existing or future land use. As much of this district has not been redeveloped since the area was annexed in 2011, most of the land within the planning area still reflects the R Rural zoning designation. As mentioned, this updated plan and the associated revisions to the Comprehensive Plan and its Future Land Use & Character Map will continue to support the need for Wellborn-specific zoning districts and will incorporate them into a Wellborn design district as an action in this plan. District Image Corridors & Gateways IMAGE CORRIDORS Image corridors are predominantly found on routes that many residents and visitors travel and can have a great impact on the character of the surrounding area. Within the Wellborn District, FM 2154 serves as the primary image corridor due to the high volume of individuals who use this roadway daily. Landscaping, streetscaping, decorative markers, and themed wayfinding signs should be uniformly utilized within this corridor to further enhance the character of the district. During the creation of the original Wellborn Community Plan, residents, property owners, and business owners participated in a design workshop to help visualize the rural character and history of Wellborn. With the community created around the Union Pacific railroad location, participants felt it was a key component that should be utilized in the creation of any identifying features to ensure that the rustic country feel was not lost. Those sentiments were identical during the plan update process. The results of the design workshop focused on creating a more pedestrian-friendly, village-type environment with small-scale businesses located along Live Oak Street, as shown in Figure 2.1: Rural Community Concept. Of note was the desire to have existing and new businesses still generally front toward FM 2154 and the railroad, but to incorporate side streets, front and rear building access, and to avoid having continuous backs of buildings along the primary thoroughfare of the community. As mentioned, participants a decade ago and today expressed a desire to embrace the community’s rural roots and history with the railroad. The vision to reorient toward Live Oak Street remains within this updated plan. Plan actions such as revising the land uses, extending Live Oak Street to connect to McCullough Road, and revising and implementing design district standards will help realize this vision for a new “main street” within the Wellborn community. Page 343 of 512 16CSTX.GOV | WELLBORN DISTRICT PLAN GATEWAYS The Wellborn District acts as the southwestern gateway into the city where visitors have a first glimpse of College Station and the district’s identity. Participants identified that they would like elements, such as street sign toppers and wayfinding signs, to establish a unified feel and sense of place within the district. Identifying features for gateway elements should incorporate items that reflect the rural and railroad history of Wellborn such as railroad ties, fences, and hitching posts. Primary gateway elements should be placed generally around the Barron Cut-Off Road and FM 2154 intersection, and south of the Greens Prairie Road and FM 2154 intersection. To tie the gateway and identifying elements together, unified plantings that lead from the gateway elements to the central point of the community should be utilized. Ultimately, these could lead to a larger sign element that could be placed within the core of the community, generally located around the Post Office. This sign element could convey historical information about Wellborn and be used as a central gathering place. This was visually represented during the Wellborn Community Plan’s creation, as shown in Figure 2.2: Central Sign Element Concept. Figure 2.1: Rural Community Concept Figure 2.2: Central Sign Element Concept. Page 344 of 512 17CSTX.GOV | WELLBORN DISTRICT PLAN Strategic Actions DP.1 Amend the Comprehensive Plan Future Land Use & Character Map and corresponding categories to incorporate the recommended modifications for Wellborn. This includes retiring the prior Wellborn land uses, assigning future land uses as determined through this planning process, and revising the appropriate future land use categories to specify where the Wellborn-specific zoning districts are the only zoning districts allowed within the plan boundary. DP.2 Retool the Wellborn zoning districts into a design district in the Unified Development Ordinance. To highlight the unique character of developments within the Wellborn District, the Wellborn-specific zoning districts should be reworked into a design district. The zoning standards should also be evaluated to determine if additional modifications are needed to enhance the rural character of Wellborn. DP.3 Create a village center around Live Oak Street to facilitate the area becoming the new “main street” for the Wellborn District. Revising the future land uses, extending Live Oak Street to connect to McCullough Road, implementing the revised design district standards and other appropriate place making strategies will help realize the vision for a new “main street” one block away from FM 2154. This change may also help spur additional small-scale commercial development along Live Oak Street. DP.4 Work with residents and business owners to assess the potential need, benefit, and structure of creating a Wellborn District Association. A Wellborn District Association comprised of local residents and business owners could collectively initiate actions to improve the Wellborn District and coordinate local events. Having an association registered with the City facilitates information sharing and courtesy notifications, including updates on development activity and City projects within the district. DP.5 Work with community stakeholders to create identification and gateway signage. These placemaking features should have details that reflect the community’s rural context. Consider including a central gateway element near the Post Office. City staff should collaborate with stakeholders on funding and location opportunities for improvements that highlight the Wellborn District identity. DP.6 Create opportunities for residents and visitors to engage with the history of the Wellborn District. This could also extend to a citywide scale to analyze the market needs for additional retail, commercial, and hospitality uses throughout the community. DP.7 Conduct enhanced outreach and educational efforts about local ordinances, Code Enforcement, and the SeeClickFix program. To expand the spread of information and encourage compliance with the Code of Ordinances, Code Enforcement officers could proactively share educational materials or host workshops in the Wellborn District. Page 345 of 512 18CSTX.GOV | WELLBORN DISTRICT PLAN GOAL Promote a safe, efficient, and connected mobility system that encourages transportation options while recognizing the lower density of the district. INTEGRATED MOBILITY3 Page 346 of 512 19CSTX.GOV | WELLBORN DISTRICT PLAN Purpose This chapter provides guidance for a contextualized mobility system in the Wellborn District that considers the needs of all users. A safe, efficient, and connected mobility system addresses vehicular, bicycle, and pedestrian movements within and through the area. The Wellborn District Plan accomplishes this by providing a street network to meet the capacity of the area and designated off-street bicycle and pedestrian facilities. During the public engagement for the plan, participants shared their desire for a mobility system that supports appropriate densities, includes safe and well-connected infrastructure, and is more user- friendly for all modes of mobility. Thoroughfares The Thoroughfare Plan within the Comprehensive Plan establishes a network of major streets comprised of collectors, arterials, and freeways that include various bicycle and pedestrian facilities. It is one of the two major planning components for the mobility system within the City of College Station. The Thoroughfare Plan uses the future land use designations in the Comprehensive Plan Future Land Use & Character Map to identify the future needs of the mobility system based on anticipated development patterns. Page 347 of 512 20CSTX.GOV | WELLBORN DISTRICT PLAN FUTURE STREET NETWORK The street network within the district consists of more than eight miles of existing streets with just over 0.5 miles of private streets. The future street network for the Wellborn District proposes one minor change to the Thoroughfare Plan; otherwise, the existing road network in addition to the Thoroughfare Plan is anticipated to be able to handle the needs of the planning area and surrounding area as they build out. While the City of College Station builds and maintains many of the roads within the planning area, the Texas Department of Transportation (TxDOT) collaborates with the City on plans, improvements, and maintenance for Wellborn Road (Farm-to-Market Road 2154 or FM 2154). One of the major discussion points that came up during the public engagement of this plan update was the FM 2154 widening project that was being designed when the planning effort started. The existing FM 2154 is a two-lane rural highway with center turn lanes in some areas and is proposed to be widened to be a 4 Lane Major Arterial. There were concerns regarding this expansion, including the replacement of center turn lane areas with controlled left turns and raised medians. Participants mentioned the potential impact on access to businesses along the corridor to receive products and customers if there is not adequate access. As a response to these concerns, City staff communicated resident concerns regarding the widening of the corridor to TxDOT and collaborated with them to have TxDOT representatives at several public meetings, empowering meeting participants to speak directly with TxDOT. The design of the corridor, at the time of this plan, has not been completed and TxDOT is continuing to evaluate the design and interact with area property owners and stakeholders to determine what revisions to the design may be needed. MODIFICATIONS TO THE THOROUGHFARE PLAN Small area planning efforts enable a closer look into an area’s needs and identify potential changes within the Thoroughfare Plan. Based on participants' desire for a safe and well-connected roadway system, there is one change to the Thoroughfare Plan, which is outside the plan boundary but will provide access for people in and around the planning area. Currently, there is a proposed connection between McCullough Road and Brewster Drive. However, there is only one planned north/south connection along McCullough Road and Brewster Drive between FM 2154 and WS Phillips Parkway. Thus, a 2 Lane Minor Collector connection is proposed between the proposed extension of McCullough Road and Brewster Drive and Barron Cut-Off Road. This road would likely be constructed by the developer when the development of the parcel occurs. This future connection to Barron Cut-Off Road will be the through movement of the Brewster Drive extension and provide the suburban style development to the east of planning area an alternate route to FM 2154 other than McCullough Road. Page 348 of 512 [INSERT MAP 3.1: THOROUGHFARE PLAN MODIFICATIONS – 11X17 PAGE SPREAD] Thoroughfare Plan Modifications FREEWAY/EXPRESSWAY PROPOSED FREEWAY/EXPRESSWAY 6 LANE MAJOR ARTERIAL PROPOSED 6 LANE MAJOR ARTERIAL 4 LANE MAJOR ARTERIAL PROPOSED 4 LANE MAJOR ARTERIAL MINOR ARTERIAL PROPOSED MINOR ARTERIAL MAJOR COLLECTOR PROPOSED MAJOR COLLECTO R MINOR COLLECTOR PROPOSED MINOR COLLECTORFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPS TO NE DR W S P H I L L I P S P K W Y W S P H ILL IP S P K W Y ET O N B U RY AV E ET O N B U RY AV E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY SUBURBAN RURAL M AP 3.1 CONTEXT ZONES Page 349 of 512 22CSTX.GOV | WELLBORN DISTRICT PLAN Bicycle & Pedestrian Facilities The Bicycle, Pedestrian, and Greenways Master Plan is the other major planning component for the mobility system within the City of College Station. Written in 2010 and updated in 2018, the plan provides guidance for and lays out improvements for bicycle and pedestrian facilities throughout College Station. The Bicycle, Pedestrian, and Greenways Master Plan identifies opportunities for improved connectivity for on- and off-street facilities as roadway projects are pursued. Within the Wellborn Community Plan (2013), there were several modifications made to the Bicycle, Pedestrian, and Greenways Master Plan to reduce the number of bicycle and pedestrian facilities to meet the citizen vision of rural section roadways. The future facility network is comprised of more than 3 miles of existing on- and off-street bicycle facilities, off-street shared-use paths, and sidewalks, with over 5 miles of proposed facilities. Several changes are proposed by this plan to meet the needs of the planning area based on feedback received during the planning effort. MODIFICATIONS TO THE BICYCLE, PEDESTRIAN, AND GREENWAYS MASTER PLAN Small area planning efforts enable a closer look into an area’s needs and identify potential changes within the Bicycle, Pedestrian, and Greenways Master Plan. Through feedback received during the planning effort, several changes to the bicycle and pedestrian facilities are proposed within the area as a part of this planning effort. First, the majority of changes relate to planned bicycle facilities (typically bicycle lanes) and planned sidewalks being replaced with planned shared-use paths. Participants emphasized the desire for shared- use paths rather than separate sidewalks and bicycle lanes to reduce the amount of paved area along streets and maintain a more rural feel within the planning area. Shared-use paths enable pedestrian connectivity options while reducing the impact to the rural character of the area. Due to the design of rural roads, there would be more separation between pedestrians utilizing the shared-use paths and vehicles utilizing the street which also addresses safety concerns of having pedestrian facilities close to the street. The streets proposed to have a shared-use path are: • I&GN Road from Rock Prairie Road West to Greens Prairie Road; • South Dowling Road from I&GN Road realigned to the future Royder Road extension; • Barron Cut-off Road from FM 2154 to WS Phillips Parkway; • Victoria Avenue from FM 2154 to Woodlake Drive; • Woodlake Drive from Victoria Avenue to Greens Prairie Road; • Royder Road from Dymple Lane to FM 2154; and • Greens Prairie Road from I&GN Road to FM 2154. To provide additional connectivity to the existing system within and around the planning area, two new shared-use paths are proposed to provide a more complete network. First, along with the improvements to the FM 2154, TxDOT intends to construct a shared-use path. Adding this to the Bicycle, Pedestrian, and Greenways Master Plan acknowledges the new facility. Second, there is a new connection proposed along McCullough Road to connect the shared-use path along FM 2154 to Live Oak Street and the extension of Brewster Drive. Given the rural context, it is expected that a shared-use path would be provided only on one side of these roadways. All of these changes to the Bicycle, Pedestrian, and Greenways Master Plan would be constructed by development as it occurs or by the City through capital projects in the future. Page 350 of 512 [INSERT MAP 3.2: BICYCLE PLAN MODIFICATIONS – 11X17 PAGE SPREAD] Bicycle Plan Modifications BIKE LANE EXISTING BIKE LANE FUNDED BIKE FACILITY PROPOSED BIKE ROUTE EXISTING BIKE ROUTE PROPOSED SHARED-USE PATH EXISTING SHARED-USE PATH FUNDED SHARED-USE PATH PROPOSED GRADE SEPARATION EXISTING GRADE SEPARATION FUNDED GRADE SEPARATION PROPOSED DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CA PS TO NE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W YET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W YET O N B U R Y A V E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D M AP 3.2 Page 351 of 512 [INSERT MAP 3.3: PEDESTRIAN PLAN MODIFICATIONS – 11X17 PAGE SPREAD] Pedestrian Plan Modifications SIDEWALK EXISTING SIDEWALK FUNDED SIDEWALK PROPOSED SHARED-USE PATH EXISTING SHARED-USE PATH FUNDED SHARED-USE PATH PROPOSED GRADE SEPARATION EXISTING GRADE SEPARATION FUNDED GRADE SEPARATION PROPOSED DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H ILL IP S P K W Y ET O N B U RY AV E ET O N B U R Y AV E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D M AP 3.3 Page 352 of 512 25CSTX.GOV | WELLBORN DISTRICT PLAN Traffic Signal and Access Management Several significant intersections manage the flow of traffic into and out of College Station along FM 2154, one of College Station’s major gateway roads. Since the Wellborn Community Plan was adopted in 2013, traffic along FM 2154 has steadily increased as more housing is developed south of College Station and outside the City limits. Two new signalized intersections have been installed at FM 2154 and Royder Road and FM 2154 and Greens Prairie Road. In addition, the City capital project to realign Capstone Drive to Barron Road includes a traffic signal at FM 2154. As part of the design for the FM 2154 widening project, TxDOT is evaluating other intersections along the corridor for potential improvements. Encouraging local circulation through street connections away from FM 2154 can help to provide access from side streets, minimize the need for curb cuts and driveway accesses near high-volume intersections, and improve perceptions of access within the area. The presence of secondary streets and internal connections can also support place-making in a rural context as local traffic is directed away from the 4 Lane Major Arterial and towards the local rural roadways. The Wellborn community was established due to its proximity to the railroad. The Union Pacific Railroad line that parallels FM 2154 can be traced back to 1867 and the old Houston and Texas Central Railroad. Since the adoption of the Wellborn Community Plan in 2013, the City has been working toward establishing a quiet zone along the Union Pacific Railroad. As capital projects along the railroad have been designed, they have been designed to allow future establishment of a continuous railroad quiet zone. It has been identified that the existing railroad crossing at Butte Drive may not be designed or modified to qualify as a quiet zone, so to extend the quiet zone through the planning area, the crossing at Butte Drive may need to be closed. However, this is the only public street entrance into the Shiloh subdivision currently. The City should evaluate providing an alternative access point for the subdivision to enable the potential closure of the railroad crossing at Butte Drive to allow the completion of a railroad quiet zone through the Wellborn District. Page 353 of 512 26CSTX.GOV | WELLBORN DISTRICT PLAN Strategic Actions IM.1 Add a new 2 Lane Minor Collector connection from the extension between McCullough Road and Brewster Drive to Barron Cut-off Road. The connection between the extension of Brewster Drive and McCullough Road and Barron Cut-Off Road provides a north/south thoroughfare parallel to FM 2154. IM.2 Revise various proposed sidewalks and bicycle facilities to shared-use paths. These changes support the plan vision for a rural context mobility system while meeting the City’s goal of a safe and connected multi-mobility network. These revisions are on I&GN Road, South Dowling Road, Barron Cut-off Road, Victoria Avenue, Woodlake Drive, Royder Road, and Greens Prairie Road. IM.3 Revise the proposed bicycle route to a shared-use path along I&GN Road. The shared-use path meets the goals for a safer, off-street option for bicycling and walking and helps maintain the rural road character for I&GN Road. IM.4 Add a shared-use path along FM 2154. As the Texas Department of Transportation improves FM 2154, they intend to add a shared-use path along the project. Adding this to City plans acknowledges the provided facility. IM.5 Add a shared-use path along McCullough Road. Adding this shared-use path connects north/ south and east/west bicycle and pedestrian routes inside the plan boundary and to surrounding areas. IM.6 Extend Live Oak Street from its current terminus near Church Street to McCullough Road. This facilitates Live Oak Street becoming a “main street” within the Wellborn District. It also establishes a parallel route through a main commercial area. IM.7 Relocate the existing railroad crossing at South Dowling Road to align with the Royder Road intersection with FM 2154. Coordinate with Union Pacific Railroad to relocate the railroad crossing to increase safety and connectivity. IM.8 Evaluate an alternative entrance into the Shiloh Subdivision to potentially close the railroad crossing at Butte Drive. Assess the feasibility of possible locations for an alternative access. If a viable alternative is identified, construction of the alternative will help facilitate implementation of a continuous railroad quiet zone corridor. Page 354 of 512 27CSTX.GOV | WELLBORN DISTRICT PLAN The success of the Wellborn District Plan requires the commitment of the City and the community to implement the goals of this plan. This chapter lays out several implementation methods and funding sources for accomplishing the goals and actions contained within the plan. Additionally, the implementation matrix outlines the timeframe, establishes implementation responsibilities and administration, and determines possible funding sources for actions within the plan. PLAN IMPLEMENTATION4 Page 355 of 512 28CSTX.GOV | WELLBORN DISTRICT PLAN Implementation Methods Generally, the actions of this plan fall into one of five methods: capital improvement, focused planning effort, policy-based decision, project/program, or regulation. Implementation of each category requires unique approaches and produces different results. Table 4.1: Implementation Matrix indicates the most appropriate implementation method for each action. CAPITAL IMPROVEMENTS Capital improvements are large-scale infrastructure projects that the City pursues through the Capital Improvement Projects department. These expansion, modification, rehabilitation, and replacement projects include streets, utilities, parks, and public facilities and buildings. To be implemented, actions in this category need to be added to the Capital Plan, funded, and constructed. FOCUSED PLANNING EFFORTS Focused planning efforts are studies, plans, and designs that various City departments complete to identify specific steps needed for implementation. Actions in this category need to be analyzed with resulting recommendations. Implementation of the recommendations is commonly pursued under a different action. This Wellborn District Plan is a focused planning effort. POLICY-BASED DECISIONS Policy-based decisions are direction that the Planning and Zoning Commission and City Council provide to City staff. These decisions get implemented in various policy, regulatory, and guidance documents to implement the direction from the elected and appointed officials of College Station. Direction should be sought on actions in this category, and City staff should take the appropriate steps for implementation. PROJECTS AND PROGRAMS Projects and programs are the broadest category of plan actions. These can include projects that are not considered capital improvements and programs that the City organizes administratively. Implementation of actions in this category should be assessed individually as there are a variety of ways to accomplish these actions. Generally, the action provides an indication of what implementation should consider and how it might be implemented. REGULATIONS Regulations are developed by the City to guide or permit allowable activities within College Station. These can include modifications to the City of College Station Code of Ordinances, including the Unified Development Ordinance (UDO), or another regulatory document under the jurisdiction of the City of College Station. To be implemented, actions in this category should be adopted in their respective regulatory documents. Page 356 of 512 29CSTX.GOV | WELLBORN DISTRICT PLAN Funding Funding for plan actions come from a variety of sources. Generally, the actions in the Wellborn District Plan can be funded by one or more of the following sources: City department budgets, the Capital Improvement Projects fund, state and federal grants, and/or private investment. All funding options should be explored, but Table 4.1: Implementation Matrix indicates the funding mechanisms that City staff have identified as most appropriate or likely to complete the action. DEPARTMENTAL BUDGETS Funding projects through City departmental budgets can be accomplished in two ways: using available funds and directing them towards the project or through service level adjustments (SLAs). SLAs are approved as part of the annual City budget process and can be for one-time or recurring expenses. Many of the actions in the Wellborn District Plan can be accomplished through departmental budgets. CAPITAL IMPROVEMENTS These are large infrastructure improvements that are most likely to be funded through the Capital Improvement Program funds. The projects from these funds are prioritized and budgeted on a rolling five-year Capital Plan. These funds are also allocated during the annual City budget process as one-time expenses. STATE AND FEDERAL FUNDING Funding opportunities from the state and federal government are also available, particularly in the areas of transportation and the environment. These funds are primarily available through grants but may also be through specific budget appropriations. Often, grant funding includes local matching requirements. Included in this funding source is Community Development Block Grants (CDBG) funds. A portion of the Wellborn area located west of FM 2154 (Wellborn Road) is currently eligible for CDBG funding. Eligibility may change in future years with updated Census data. PRIVATE INVESTMENTS Outside of government funding, private investments can be pursued through development exactions within the UDO, foundation investments, or donations to the City for specific projects. Page 357 of 512 Table 4.1: Implementation Matrix CHAPTERACTION NUMBERACTION ITEM TASK TYPE IMPLEMENTATION TIMELINE CITY – RESPONSIBLE PARTY PARTNERS – INTERNAL PARTNERS – EXTERNAL FUNDING SOURCES Short (1-3 years) Medium (4-7 years) Long (8-10 years)CITY / DEPT. BUDGETSCIP BUDGETGRANTSPRIVATECHAPTER 2: DISTINCTIVE PLACESDP.1 Amend the Comprehensive Plan Future Land Use & Character Map and corresponding categories to incorporate the recommended modifications for Wellborn. This includes retiring the prior Wellborn land uses, assigning future land uses as determined through this planning process, and revising the appropriate future land use categories to specify where the Wellborn-specific zoning districts are the only zoning districts allowed within the plan boundary. Policy-based decision X Planning & Development Services X DP.2 Retool the Wellborn zoning districts into a design district in the Unified Development Ordinance. To highlight the unique character of developments within the Wellborn District, the Wellborn-specific zoning districts should be reworked into a design district. The zoning standards should also be evaluated to determine if additional modifications are needed to enhance the rural character of Wellborn. Policy-based decision X Planning & Development Services Residents of Wellborn X DP.3 Create a village center around Live Oak Street to facilitate the area becoming the new “main street” for the Wellborn District. Revising the future land uses, extending Live Oak Street to connect to McCullough Road, implementing the revised design district standards and other appropriate place making strategies will help realize the vision for a new “main street” one block away from FM 2154. This change may also help spur additional small- scale commercial development along Live Oak Street. Policy-based decision, regulation, and capital improvement X Planning & Development Services Capital Improvement Projects X X X DP.4 Work with residents and business owners to assess the potential need, benefit, and structure of creating a Wellborn District Association. A Wellborn District Association comprised of local residents and business owners could collectively initiate actions to improve the Wellborn District and coordinate local events. Having an association registered with the City facilitates information sharing and courtesy notifications, including updates on development activity and City projects within the district. Project / program X Neighborhood Services Economic Development & Tourism Planning & Development Services Residents of Wellborn X X DP.5 Work with community stakeholders to create identification and gateway signage. These placemaking features should have details that reflect the community’s rural context. Consider including a central gateway element near the Post Office. City staff should collaborate with stakeholders on funding and location opportunities for improvements that highlight the Wellborn District identity. Capital improvement X Planning & Development Services Capital Improvement Projects Residents of Wellborn X X X DP.6 Create opportunities for residents and visitors to engage with the history of the Wellborn District. The Wellborn District predates the incorporation of the City of College Station with a rich history. A history of Wellborn was prepared in 2010 and could be a resource for the identification and preservation of the local history. Project / program X Planning & Development Services Neighborhood Services Economic Development & Tourism Residents of Wellborn X X DP.7 Conduct enhanced outreach and educational efforts about local ordinances, Code Enforcement, and the SeeClickFix program. To expand the spread of information and encourage compliance with the Code of Ordinances, Code Enforcement officers could proactively share educational materials or host workshops in the Wellborn District. Project / program X Community Services Planning & Development Services X CHAPTER 3: INTEGRATED MOBILITYIM.1 Add a new 2 Lane Minor Collector connection from the extension between McCullough Road and Brewster Drive to Barron Cut-off Road. The connection between the extension of Brewster Drive and McCullough Road and Barron Cut-Off Road provides a north/south thoroughfare parallel to FM 2154. Policy-based decision X Planning & Development Services X IM.2 Revise various proposed sidewalks and bicycle facilities to shared-use paths. These changes support the plan vision for a rural context mobility system while meeting the City’s goal of a safe and connected multi-mobility network. These revisions are on I&GN Road, South Dowling Road, Barron Cut-off Road, Victoria Avenue, Woodlake Drive, Royder Road extension, and Greens Prairie Road. Policy-based decision X Planning & Development Services X IM.3 Revise the proposed bicycle route to a shared-use path along I&GN Road. The shared-use path meets the goals for a safer, off-street option for bicycling and walking and helps maintain the rural road character for I&GN Road. Policy-based decision X Planning & Development Services X IM.4 Add a shared-use path along FM 2154. As the Texas Department of Transportation improves FM 2154, they intend to add a shared-use path along the project. Adding this to City plans acknowledges the provided facility. Policy-based decision X Planning & Development Services X IM.5 Add a shared-use path along McCullough Road. Adding this shared-use path connects north/south and east/west bicycle and pedestrian routes inside the plan boundary and to surrounding areas. Policy-based decision X Planning & Development Services X IM.6 Extend Live Oak Street from its current terminus near Church Street to McCullough Road. This facilitates Live Oak Street becoming a “main street” within the Wellborn District. It also establishes a parallel route through a main commercial area. Capital improvement X Capital Improvement Projects Planning & Development Services Public Works X X X IM.7 Relocate the existing railroad crossing at South Dowling Road to align with the Royder Road intersection with FM 2154. Coordinate with Union Pacific Railroad to relocate the railroad crossing to increase safety and connectivity. Capital improvement X Capital Improvement Projects City Manager’s Office Public Works Planning & Development Services Union Pacific Railroad Texas Department of Transportation X X IM.8 Evaluate an alternative entrance into the Shiloh Subdivision to potentially close the railroad crossing at Butte Drive. Assess the feasibility of possible locations for an alternative access. If a viable alternative is identified, construction of the alternative will help facilitate implementation of a continuous railroad quiet zone corridor. Capital improvement X Capital Improvement Projects Planning & Development Services City Manager’s Office Public Works Union Pacific Railroad Texas Department of Transportation X X X Page 358 of 512 31CSTX.GOV | WELLBORN DISTRICT PLAN APPENDIX A: EXISTING CONDITIONS Surrounding Context The Wellborn community was annexed into the City of College Station in April 2011. The Wellborn Community Plan, which gave residents a voice in managing the growth and development of the area, was adopted shortly thereafter in April 2013 and included a planning horizon from 2013 to 2023. The plan helped address concerns raised by residents that the rural and historic community character would be lost as development pressure loomed. As the Wellborn Community Plan reaches the end of its planning horizon, the City of College Station reexamined the area to analyze the changes that have occurred in the previous 10 years and prepare for the next 10 years. Renamed the Wellborn District Plan, this plan update aims to create a cohesive district that reflects the residents’ vision for the community, recognizes the unique character of Wellborn, and supports the overall vision of College Station. The Wellborn District is in the southwest portion of the city and intersects the extraterritorial jurisdiction. The City enforces land use, zoning, and subdivision and development standards within the city limits, but only regulates the subdivision of land within the extraterritorial jurisdiction. The City cannot enforce or establish regulatory tools to manage growth along the city’s periphery. The boundary of the area mirrors that of the Wellborn Community Plan, reflective of this plan’s intention to focus on the core of the historical Wellborn area. When the 2023 planning effort began, staff analyzed the area holistically including the impacts of several nearby subdivisions. Due to resident concern over potentially expanding the plan boundary to include surrounding areas, the original plan boundary has been retained. Demographics The Wellborn District’s population has remained consistent over the past 10 years. The Wellborn District population increased from approximately 300 people in 2013 to 468 in 2023, an increase of 56% based on estimates from the ESRI Living Atlas. The population makes up approximately 0.3% of the total city population. Page 359 of 512 32CSTX.GOV | WELLBORN DISTRICT PLAN AGE & SEX The current social makeup of the Wellborn District is an even mix of age groups and sex. The largest single age range is individuals between 15-24 years old, which comprise 18% of the district population based on estimates from the ESRI Living Atlas. Individuals between 25-34 years old make up roughly 13.5% of the population, 15% are between the ages of 35-44 years old, 12.5% are between the ages of 45-54 years old, and 9.5% are between 55-64 years old. The residents are 50% female and 50% male. The district is comprised of people of all ages and is distributed evenly between women and men. RACE & ETHNICITY The area has a higher percentage of individuals who identify as White at 70% as compared to 62.3% citywide. The district also has 14% of people who identify as Hispanic, 12% who identify as Asian, 11% who identify as two or more races, 4% who identify as Black or African American, and 3% who identify as some other race based on estimates from the ESRI Living Atlas. When comparing these percentages to the city, Wellborn has a less racially diverse population than the city. FAMILY SIZE & INCOME As of 2023, the population estimate of the district is 468 individuals. There are 74 households within the district with an average family size of 3.6 individuals. The median household income is $98,276 and the per capita income is $43,946 based on estimates from the ESRI Living Atlas. When looking at the rest of the city, the district has a higher average household income and a lower per capita income. EDUCATION Educational attainment data is reflected in the American Community Survey by respondents selecting their highest level of educational attainment. This is measured by calculating the number of residents who have graduated from high school and/ or graduated from college. A majority of the population within the Wellborn district have achieved a bachelor’s degree or a graduate degree, representing roughly 64% of area residents. Approximately 10% hold an associate degree, 15% have attended some college without graduating, and 9.5% are high school graduates. Wellborn residents have graduated college at a similar rate compared to the rest of College Station. When looking at all demographic data presented, this district is less racially diverse, has a higher median income, and is more evenly distributed by age than College Station as a whole. This can be attributed to the location of the district within the city, as it is farther away from the Texas A&M University campus and predominantly contains medium to low-density single- family residences and large acreage properties, which often are owned by more affluent residents. Page 360 of 512 33CSTX.GOV | WELLBORN DISTRICT PLAN District Character EXISTING LAND USE The district is primarily made up of a mix of single-family residential lots and undeveloped land, with some commercial and light industrial uses as well. Residential uses make up just over 39% of the area and approximately 36% of the area is undeveloped, reflecting the rural character of the area. Public and semi-public uses comprise just over 10% of the land uses in the district, and the remaining areas are light industrial or commercial uses, including retail and restaurants. FUTURE LAND USE The future land use designations within the district are grounded in historical land use patterns. In 2013, the Wellborn Community Plan classified future land uses into eight categories – Wellborn Business Park, Wellborn Commercial, Wellborn Suburban, Wellborn Restricted Suburban, Wellborn Preserve, Wellborn Preserve-Open, Wellborn Estate, and Wellborn Estate-Open. Other future land uses in the area include Estate Residential, Suburban Residential, Institutional/Public, Natural & Open Areas, and Rural, all of which support the rural character represented in the original Wellborn Community Plan. During the 2021 Comprehensive Plan Update, the eight land use designations specific to the Wellborn area were grouped and depicted simply as Wellborn, while also retaining the underlying future land uses. This change was made in anticipation of this Wellborn District Plan update effort in 2023, recognizing that residents would be reengaged to further discuss the future of Wellborn. Appropriate modifications to the future land uses will be made with this planning effort. In general, anticipated changes will continue to prioritize maintaining rural character with open space that is both privately and publicly held and small-scale commercial uses that support nearby low-density residential properties. ZONING The zoning of the area reflects the future land use categories detailed above and the vision of the Wellborn Community Plan. One of the recommendations from the 2013 plan was the creation of several Wellborn- specific zoning districts. Following the plan’s adoption, staff created the WC Wellborn Commercial, WRS Wellborn Restricted Suburban, and WE Wellborn Estate zoning districts in late 2016. Only the WC Wellborn Commercial and WRS Wellborn Restricted Suburban zoning districts actively exist on properties within the district today, though the WE Wellborn Estate zoning is still an available option for property owners. There are currently four zoning districts on the ground within the district – WC Wellborn Commercial, SC Suburban Commercial, WRS Wellborn Restricted Suburban, and R Rural. The zoning in Wellborn reflects the low-density residential and commercial uses of the area. The properties zoned SC Suburban Commercial were zoned before the creation of the WC Wellborn Commercial zoning district. A few properties have made use of PDD Planned Development Districts, which is a customized zoning district option that utilizes a base zoning of one of the other districts mentioned above with modifications. PDD Planned Development Districts within the area have primarily been utilized for moderate-density single- family subdivisions. Properties that are zoned R Rural account for 85.5% of the area. When areas are annexed into the City of College Station, they are assigned the R Rural zoning designation. The majority of lots in Wellborn have not undergone a zoning change since annexation. Page 361 of 512 [INSERT 11X17 EXISTING LAND USE MAP] Existing Land Use FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D SINGLE- FAMILY RESIDENTIAL MOBILE/ MANUFACTURED HOME COMMERCIAL RETAIL COMMERCIAL OFFICE COMMERCIAL OTHER PUBLIC FACILITIES SEMI-PUBLIC TRANSPORTATION, UTILITIES & COMMUNICATION COMMON AREA UNIMPROVED LIGHT INDUSTRIAL AGRICULTURAL RURAL DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.1 Page 362 of 512 [INSERT 11X17 EXISTING ZONING MAP] Zoning WELLBORN DISTRICT FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ R R R WR S WR S PDD PDD WC PDD SC WC PDD WC WC WC SC WC SC R R SC R R R R R R R RURAL E ESTATE RS RESTRICTED SUBURBAN SC SUBURBAN COMMERCIAL GC GENERAL COMMERCIAL PDD PLANNED DEVELOPMENT DISTRICT GS GENERAL SUBURBAN R-1B SINGLE FAMILY RESIDENTIAL WC WELLBORN COMMERCIALww WRS WELLBORN RESTRICTED SUBURBAN w w M AP A.2 Page 363 of 512 36CSTX.GOV | WELLBORN DISTRICT PLAN HOUSING CHARACTERISTICS Housing in the district illustrates the single-family nature of the area. According to the ESRI Living Atlas, 83% of the 163 housing units are owner-occupied, which is an increase from 2010 when 65% of the 83 housing units were owner-occupied. This trend is also seen in the number of housing units that are registered with the City’s Rental Registration program which sits at only 12%. Of the owner-occupied housing units, the average home value is $375,000 which is higher than the city’s average home value of $368,995 as of July 2023. NEIGHBORHOOD CENTERS Neighborhood centers are areas where individuals naturally congregate when they are outside of their homes. This includes schools, churches, commercial areas, or a general gathering point that primarily serves residents. Three schools operated by the College Station Independent School District serve the Wellborn area and neighborhoods nearby. Wellborn Middle School is located within the boundary of this planning effort while Greens Prairie Intermediate School and Pecan Trail Elementary School are just outside of it. There are also several churches in the area including Wellborn Baptist Church, Saint Meena Coptic Orthodox Church, and Salem Baptist Church. Additional neighborhood centers include the Wellborn Community Center and America’s Country Store that both act as congregating locations while catering to different needs for residents. Page 364 of 512 37CSTX.GOV | WELLBORN DISTRICT PLAN CODE ENFORCEMENT Code Enforcement responds to complaints made regarding a wide range of issues that typically do not require the attention of law enforcement. The district had 114 code enforcement cases in the past decade ranging from illegal signs and use violations to property maintenance complaints. The most common code violations were illegal signs, amounting to just over 25% of cases. The City regulates and permits signage under specific standards. If a property does not have its signage permitted through the City, then this would result in a code enforcement case violation. The second highest violation at just over 20% was violating the City’s Rental Registration program requirement. These violations were usually due to properties still functioning as a rental without renewing their registration with the City. The third largest issue was general property maintenance concerns with almost 15% of all cases. During these investigations, Code Enforcement officers reach out to property owners to ensure their structure is safe to live in and help them find resources to ensure the structure complies with the City of College Station Code of Ordinances. Table A.1, Code Enforcement Cases, 2012-2022 reflects the past 10 years of code enforcement cases within the district. Table A.1: Code Enforcement Cases, 2012-2022 Code Violation Type Number of Cases Accumulation of Trash Trash over-flow, typically in yards 5 Cans Out After Collection Day Trash cans still on curb after trash collection day 0 Illegal Signs Signs that are being displayed are prohibited per the City Code 29 Junk Motor Vehicles Dilapidated cars are left in the yard, visible from the street 12 Liquor License Expired Business establishments running with an expired liquor license 3 Non-Specific Investigation General inquiries/complaints that don’t fit into a specific violation-type 3 Open Storage Storage visible from the street 0 Parking Illegal parking violations 4 Property Maintenance Property is not being maintained, including structural and safety issues 17 Rental Registration A property’s Rental Registration with the City has expired 23 Use Violations Prohibited use type is being used 15 Weeds & Grass A property’s yard is not being properly maintained 3 Page 365 of 512 [INSERT 11X17 CODE ENFORCEMENT CASE DENSITY MAP] CODE ENFORCMENT DENSITY* MID HIGHLOW Code Enforcement Case Density Code Enforcement Cases collected by the College Station Code Enforcement Division from 2012-2022 was used to map code issues. These are cases concerning compliance with *Based on the number of cases within a 250 foot radius codes related to: parking, weeds & grass, health & safety, zoning violations, sanitation & illegal dumping.FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPS TO NE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.3 Page 366 of 512 39CSTX.GOV | WELLBORN DISTRICT PLAN DEVELOPMENT ACTIVITY The City of College Station manages requests and reviews of development proposals and administers development standards through a variety of processes. One development project often necessitates multiple processes, reviews, permits, and inspections before it can be constructed and occupied. An example is a new commercial center that could require a Final Plat, a Development Permit, a Site Plan Review, an Architectural Review, and a Building Permit with inspections. Another example is a new residential subdivision that could require a Zoning Map Amendment, a Preliminary Plan, Final Plats, and Building Permits with inspections. Each project is analyzed for the permits or reviews that will be needed, and in what order those must be obtained. Each permit or review undergoes review by numerous staff in various departments throughout the City. Before the initiation of a project, the City offers pre-application conferences that allow all applicable reviewing departments to communicate the expectations of the project clearly to a future applicant to assist with quicker reviews down the line. Table A.2, Development Activity, 2012-2022 shows archived and approved project applications over the last 10 years within the district boundaries. Common applications included rezonings to districts supported by the Wellborn Community Plan, site plans for commercial properties, and right-of-way permits. Pre- application conferences were also common and the frequency of these has increased in recent years, which shows increasing pressures to develop within the area. Table A.2: Development Activity, 2012-2022 Review Type Number of Reviews Annexations 2 Appeals, Waivers, and Variances 1 Architectural Reviews 8 Commercial Final Plats 1 Comprehensive Plan Amendments 3 Development Permits 3 Pre-Application Conferences 26 Preliminary Plans 1 Residential Final Plats 3 Rezonings 10 Right-of-Way Permits 6 Site Plans 9 Page 367 of 512 [INSERT 11X17 NEW DEVELOPMENT MAP] FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D RBARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y AV E ET O N B U R Y AV E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D RBARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U R Y AV E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ COMMERCIAL NON-RESIDENTIAL MULTI-FAMILY RESIDENTIAL SINGLE FAMILY RESIDENTIAL Development Activity SS DODOWLIWLI R D R D S DOWLI R D NNNGGG M AP A.4 Page 368 of 512 41CSTX.GOV | WELLBORN DISTRICT PLAN PUBLIC INVESTMENTS As the Wellborn District and surrounding areas have grown, the City has continued to invest in designing, rehabilitating, and constructing streets to continue to support commuters into, out of, and through the area. The two primary capital improvement projects that have been completed in the last 10 years were Royder Road Rehabilitation Phases 1-3 and Greens Prairie Trail Phases 1-3. The Royder Road Rehabilitation project included the realignment and widening of the road from the north of Backwater Drive to Wellborn Road which reclassified the road as a major collector with sidewalks and bike lanes on both sides of the road. This project was largely in response to Wellborn Middle School, Greens Prairie Elementary School, and Pecan Trail Intermediate School being built and increasing the amount of traffic flow in the area. The Greens Prairie Trail (now Greens Prairie Road) project widened the road to a 4 Lane Minor Arterial with bike lanes and sidewalks. These projects directly achieved the Wellborn Community Plan’s action items M1.2, M8.2, M2.2, and M3.1 which state that road improvements, such as road maintenance and rehabilitation, be made for Greens Prairie Road, Greens Prairie Road W, Royder Road, and Victoria Avenue. Other projects pursued under these action items include road improvements on McCullough Road, Church Street, Madison Street, and Live Oak Street, in which the City provided preventative road maintenance to the street pavement that included lane stripes and bicycle markers for a protected bike lane. Economic Indicators The development in the area has primarily been residential, but the area has seen some commercial growth as well. According to the data provided by the ESRI Living Atlas, the district currently contains approximately 55 different businesses and employs 377 individuals which equates to roughly 7 employees per business. That is considerably lower than the city’s overall average of 12.5 employees per business. Property ownership stability is an important indicator of how frequently new people or businesses are occupying the area. Of the 279 properties, 120, or 43%, were owned by the same entity in 2017 and 2022. Of those properties, 42, or 15%, were owned by the same entity in 2012 and 2022. This data shows that more than 80% of properties changed hands in the past 10 years, indicating a significant turnover in property ownership and change within the district. Mobility STREETS The Thoroughfare Plan within the City’s Comprehensive Plan details the location and size of existing and future major roadways throughout College Station. It is based on the projected traffic demand resulting from the anticipated growth in population and employment and is guided by the Future Land Use & Character Map. It includes the location of streets which may need to be constructed, extended, or improved and the number of lanes for each thoroughfare in the system. Functional classifications for thoroughfares differentiate the number of vehicles they are anticipated to accommodate and the number of lanes that are required. In the Wellborn Community Plan, action item M1.1 specified removing several streets from the Thoroughfare Plan to further retain the rural characteristics of the community. This is now reflected in the current classifications of thoroughfares within the district. Page 369 of 512 42CSTX.GOV | WELLBORN DISTRICT PLAN The highest classification road within the district is Wellborn Road (FM 2154), which is a future 4 Lane Major Arterial that runs along the Union Pacific Railroad. Greens Prairie Road is a partially constructed existing 4 Lane Minor Arterial between Wellborn Road and Royder Road. The remaining section to be improved was approved on the 2022 Brazos County Bond Proposition A and is anticipated to be complete within the next five years. Royder Road is also a future 4 Lane Minor Arterial. Victoria Avenue is a proposed 2 Lane Major Collector and Creek Meadow Boulevard North is an existing 2 Lane Minor Collector. Three streets within the district are proposed 2 Lane Minor Collectors: McCullough Road, Live Oak Street, and South Dowling Road. BICYCLES In conjunction with the Comprehensive Plan, the Bicycle, Pedestrian, and Greenways Master Plan works to expand the bicycle and pedestrian network through the development of facilities on new and rehabilitated streets, off-street shared-use paths, and along the city’s greenways. There are currently 0.7 miles of existing bike lanes within the district. The Bicycle, Pedestrian, and Greenways Master Plan calls for an additional 2.2 miles of proposed bike facilities and 0.5 miles of proposed bike routes. There are currently bike racks provided in four different locations across the district, including Wellborn Middle School, the Magruder Office, TDI Brooks International Lab, and Wellborn Business Park. There are also bike racks located at Pecan Trail Elementary School and within the Creek Meadows subdivision, though these are outside of the district boundary. SIDEWALKS There are currently roughly 2.4 miles of existing sidewalks within the district and 2.7 miles that are proposed to be developed in the future. Similar to decreasing the intensity of the street classifications, the Wellborn Community Plan also called for the removal of proposed sidewalks within the Bicycle, Pedestrian, and Greenways Master Plan on McCullough Road, Greens Prairie Road West, I&GN Road, and South Dowling Road. During the public engagement for the Wellborn Community Plan, residents mentioned the desire to maintain rural open ditch section roads, arguing that sidewalks did not reflect the rural character they desired. These changes were ultimately incorporated into the Bicycle, Pedestrian, and Greenways Master Plan. Page 370 of 512 [INSERT 11X17 THOROUGHFARE PLAN MAP] Existing Thoroughfare Plan FREEWAY/EXPRESSWAY PROPOSED FREEWAY/EXPRESSWAY LANEMAJOR ARTERIAL PROPOSEDL ANEMAJOR ARTERIAL LANEMAJOR ARTERIAL PROPOSEDL ANEMAJOR ARTERIAL MINOR ARTERIAL PROPOSED MINOR ARTERIAL MAJORCOLLECTOR PROPOSEDMAJOR COLLECTOR MINORCOLLECTOR PROPOSED MINORCOLLECTORFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPS TO NE D R W S P H I L L I P S P K W Y W S P H ILL IP S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U R Y A V E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.5 Page 371 of 512 [INSERT 11X17 BICYCLE PLAN MAP] Existing Bicycle Plan BIKE LANE EXISTING BIKE LANE FUNDED BIKE FACILITY PROPOSED BIKE ROUTE EXISTING BIKE ROUTE PROPOSED SHARED-USE PATH EXISTING SHARED-USE PATH FUNDED SHARED-USE PATH PROPOSED GRADE SEPARATION EXISTING GRADE SEPARATION FUNDED GRADE SEPARATION PROPOSED DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CA PS TO NE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W YET O N B U RY AV E ET O N B U RY AV E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W YET O N B U RY AV E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D M AP A.6 Page 372 of 512 [INSERT 11X17 PEDESTRIAN PLAN MAP] Existing Pedestrian Plan SIDEWALK EXISTING SIDEWALK FUNDED SIDEWALK PROPOSED SHARED-USE PATH EXISTING SHARED-USE PATH FUNDED SHARED-USE PATH PROPOSED GRADE SEPARATION EXISTING GRADE SEPARATION FUNDED GRADE SEPARATION PROPOSED DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJFM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H ILL IP S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RDR O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U R Y A V E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D M AP A.7 Page 373 of 512 46CSTX.GOV | WELLBORN DISTRICT PLAN TRANSIT Neither Brazos Transit District nor Texas A&M University Transportation Services offer transit service in the Wellborn District. College Station Independent School District has bus routes serving students who live in the neighborhoods that feed into their schools. Residents in the Wellborn District depend heavily on personal automobiles to navigate around the area and the city. CRASH DATA Over the last 10 years, there have been 154 vehicular crashes within the district. Out of these, 147, or 95%, were indicated to be minor crashes and either had no injuries, suspected minor injuries, or possible injuries. Of the crashes, 105, or 68%, occurred on Wellborn Road (FM 2154), the largest thoroughfare in the district. Page 374 of 512 [INSERT 11X17 CRASH DENSITY MAP] CRASH DENSITY* MID HIGHLOW 1 FM 2154 & S DOWLING RD 2 FM 2154 & CHURCH ST 3 VICTORIA AV E & ROYDER RD 4 FM 2154 & VICTORIA AV E 5 FM 2154 & BET WEEN MCCULLOUGH RD & BARRON CUT-OFF RD Crash Density TOP 5 INTERSECTIONS WITH CRASHES Crash data collected by the College Station Police Depar tment from 2012- 2022 was used to map tra ic accidents spanning all modes of transportation. *Based on the number of crashes within a 250 foot radius 1 2 34 5 FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y AV E ET O N B U R Y AV E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.8 Page 375 of 512 48CSTX.GOV | WELLBORN DISTRICT PLAN Utilities The Wellborn district is served by College Station Utilities (CSU), Bryan Texas Utilities (BTU), and Wellborn Special Utilities District (Wellborn SUD), depending on the utility and property location. Wellborn SUD provides water service, CSU provides wastewater service to approximately 9% of the district, and BTU provides electric service for the area. Outside of the CSU wastewater service boundary specified by the Certificate of Convenience and Necessity (CCN), most residents in the district are on septic systems. The district is limited in what types of developments it can sufficiently support due to various utility constraints. Wastewater capacity is a primary limiting factor since most developments are not connected to the City’s sewer system and must maintain a 1-acre or greater lot size for septic system requirements. All development proposals in the Wellborn District must get approvals from the applicable providers before they can begin development. Staff from all three organizations have and will continue to share information pertinent to utility provision and utility planning within the district. Floodplain While there is no FEMA-identified floodplain within the district, there are several tributaries throughout the area providing natural drainage as part of the Peach Creek Drainage Basin. Further research and identification studies are needed to determine precise floodplain boundaries in the district. Conclusion Analyzing the current conditions of the Wellborn District provides context for the plan update process. This data supports and informs residents, participants, and City staff to guide the decisions made when envisioning the future of the Wellborn District. The existing conditions of this district largely reflect the implementation of the original Wellborn Community Plan which has helped maintain the rural character of the area. This includes limited sidewalks connecting community areas, decreasing the functional classifications of some thoroughfares, and creating Wellborn-specific zoning districts, all of which aid in maintaining the rural character and feel of the Wellborn area. This planning effort should be intentional to guide the next decade of development and build on past successes by anticipating and guiding growth pressures and identifying additional ways to embrace the spirit of Wellborn. Page 376 of 512 [INSERT 11X17 WATER SERVICE AREAS MAP] Water Service Areas FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y AV E ET O N B U R Y AV E SWSWEE TT D R D R EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U R Y AV E SWE T D R E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION WATER WELLBORN SUD M AP A.9 Page 377 of 512 [INSERT 11X17 WASTEWATER SERVICE AREAS MAP] Wastewater Service Areas FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D COLLEGE STATION WASTEWATER DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.10 Page 378 of 512 [INSERT 11X17 ELECTRIC SERVICE MAP] Electric Service Areas FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPST ONE DR W S P H I L L I P S P K W Y W S P H I L L I P S P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CREEKCREEK MEAMEADDOWOW BLVDBLVD NN CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U RY AV E SWE T DR E W A T E R CREEK MEADOW BLVD N CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D DISTRICT BOUNDARY COLLEGE STATION UTILITIES (CSU) BRYAN TEXAS UTILITIES (BTU) M AP A.11 Page 379 of 512 [INSERT 11X17 FLOODPLAIN MAP] Floodplain FLOODPLAIN RIVERS & STREAMS FM 2154FM 2154R O Y D E R R D R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDKOPPE BRIDGE RDMCCULMCCULLOUGH RDLOUGH RDVICTORIA AVEVICTORIA AVEGREENS PRAIRIE RDGREENS PRAIRIE RDW O O D L A K E D R W O O D L A K E D R SS DODOWLINGWLINGRDRD BARRON CUT-OFF RDBARRON CUT-OFF RDCAPST ONE DR CAPS TO NE DR W S P H I L L I P S P K W Y W S P H IL LI PS P K W Y ET O N B U R Y A V E ET O N B U R Y A V E SWSWEE TT DRDR EE WW AA T E R T E R CHURCHURCHCH STST VICTORIA AVEVICTORIA AVECACASTLESTLEGGATEATEDD RR PORTLAND AVEPORTLAND AVEFM 2154FM 2154I&GN RD I&GN RD R O Y D E R R D R O Y D E R R DFM 2154R O Y D E R R D GREENS PRAIRIE RDGREENS PRAIRIE RDKOPPE BRIDGE RDMCCULLOUGH RDVICTORIA AVEGREENS PRAIRIE RDW O O D L A K E D R S DOWLINGRD BARRON CUT-OFF RDCAPST ONE DR W S P H I L L I P S P K W Y ET O N B U R Y AV E SWE T DR E W A T E R CHURCH ST VICTORIA AVECASTLEGATED R PORTLAND AVEFM 2154I&GN RD R O Y D E R R D MINTERBRANCHTRIBUTARY4 SPR I NGCREEKTRIBUTARY7.1HOPESCREEKH O PES CREEK TRI B U TA R Y 10.1 HOPESCRE E K T R IB U T A R Y 3.3SPRINGCREEK P EACH C RE E K S O UTH T R IB U T A RY24 SPRINGCREEKTRIBUTARY7PEAC H C REEK S O UTH TRI BUTARY25PEACHCREE K SO UTHTR I BUTA R Y 22PE ACHCRE EKSOUT H TRIBUTARY 1 8PEACHCREEKSOUT H TRIBUTA R Y16.6HOPESCR EEK T RIBUTARY10PEACH CREEKS O UTH TRIBUT A R Y 1 6.4HOPESCREEK TRIBU T A R Y 3PEACHCREEKS OUT HT R IB UTA RY20PEAC H CREEKSOUTH DISTRICT BOUNDARY COLLEGE STATION CITY LIMITS COLLEGE STATION ETJ M AP A.12 Page 380 of 512 53CSTX.GOV | WELLBORN DISTRICT PLAN APPENDIX B: PUBLIC ENGAGEMENT SUMMARY Public participation and input are critical to any planning effort. The knowledge and experience of residents help City staff understand the concerns of the community and adjust the plan accordingly. The City of College Station places a high priority on receiving and responding to resident feedback; to that end, City staff offered numerous engagement opportunities in various formats to empower everyone to have their voices heard. The following describes those opportunities and summarizes the public feedback. Page 381 of 512 54CSTX.GOV | WELLBORN DISTRICT PLAN WORKING GROUP MEETING – JANUARY 18, 2023 After compiling the existing conditions data, the Working Group held its kick-off meeting to discuss the project, lessons learned from the Wellborn Community Plan, and goals for the new planning effort. This meeting included a community listening session, which gave City staff a good jumping off point for the entire planning effort. AREA-WIDE MEETING – JANUARY 24, 2023 Before this meeting, City staff mailed fliers to property and business owners within the planning area with details for this meeting along with future meetings on February 28, March 21 (virtual meeting), and May 30. This first area-wide meeting centered on defining the scope of the project and continued the community listening session from the January 18 Working Group meeting. VIRTUAL ENGAGEMENT SITE – FEBRUARY TO JUNE 2023 In addition to the in-person meetings, staff offered numerous opportunities to provide feedback throughout the planning effort. The site launched with more information on the timeline of the planning effort, ideas on goals from the first phase meetings, and a map where individuals could provide ideas, things they liked, and things they wanted to see changed. The virtual engagement site also hosted a comment map for the proposed changes to the Thoroughfare Plan and Bicycle, Pedestrian, and Greenways Master Plan. WORKING GROUP MEETING – FEBRUARY 15, 2023 The Working Group met to discuss the feedback City staff received from the January 18 and 24 meetings. One of the main themes from the listening session was maintaining a rural character. In an effort to clarify that concept, the Working Group identified specific characteristics and land uses that would help to keep Wellborn rural. AREA-WIDE MEETING – FEBRUARY 28, 2023 Building upon the feedback from the February 15 meeting, City staff led participants in the same activities to identify the rural character and where different land uses should be located to achieve the goals of the community. The results of this meeting and the February 15 meeting were, among other things, used to establish the proposed changes to the Comprehensive Plan’s Future Land Use & Character Map, Thoroughfare Plan, and the bicycle and pedestrian maps within the Bicycle, Pedestrian, and Greenways Master Plan. VIRTUAL AREA-WIDE MEETING – MARCH 21, 2023 The virtual area-wide meeting focused on gathering feedback on the plan goals and actions from people who may not have been able to make it to the previous meetings. Incorporating the feedback from the virtual meeting and all of the previous meetings, staff began drafting the plan actions. Page 382 of 512 55CSTX.GOV | WELLBORN DISTRICT PLAN COMBINED WORKING GROUP & AREA-WIDE MEETING – APRIL 12, 2023 At the first meeting of the planning effort, several questions were asked and concerns raised, about various infrastructure components, including sewer capacity, roadway capacity, and the FM 2154 (Wellborn Road) widening project. To address those concerns, staff from the City of College Station Water Services and Capital Improvements departments and representatives from the Texas Department of Transportation presented on infrastructure capacity and any planned improvements. Planning & Development Services staff were present to facilitate the meeting and receive community feedback. WORKING GROUP MEETING – MAY 16, 2023 City staff presented proposed changes to the Comprehensive Plan Future Land Use & Character Map, Thoroughfare Plan, and the bicycle and pedestrian maps within the Bicycle, Pedestrian, and Greenways Master Plan based on the feedback received throughout the planning process and received feedback from the Working Group. AREA-WIDE MEETING – MAY 30, 2022 After incorporating the comments from the May 16 Working Group meeting, City staff presented proposed changes to the Comprehensive Plan Future Land Use & Character Map, Thoroughfare Plan, and the bicycle and pedestrian maps within the Bicycle, Pedestrian, and Greenways Master Plan. Following this meeting, staff collated feedback from the previous phases of the planning effort and worked to write the Wellborn District Plan. Participant responses were incorporated into the plan before it was finalized. WORKING GROUP MEETING – AUGUST 23, 2023 The Working Group met before the Wellborn District Plan was finalized to discuss and finalize the plan actions prior to the final area-wide meeting. AREA-WIDE MEETING – AUGUST 30, 2023 After finishing the Wellborn District Plan, City staff organized a final area-wide meeting to ensure the plan matched the vision of the community and gather any final suggestions or edits before bringing the plan forward for adoption. Page 383 of 512 56CSTX.GOV | WELLBORN DISTRICT PLAN Thank you to the following individuals and groups who contributed to the preparation of the Wellborn District Plan. WELLBORN WORKING GROUP Acknowledgements David L. Alexander Elizabeth Appleby Dan Casey Jane Cohen Robert Cohen Barry Creighton Barry Ely Mark Feldhake Tim Foster Stephen Fuchs Jill George Robert Grabowsk Ryan Harrington Shelly Humphrey Kevin Kuklis D. Bradley Laauwe Shauna Laauwe Jeff Lehde Richard Lynn Thomas Marty Mike McCleary Dan McMillan Erik Moratzka William Murphy Bert Nitzke Rabevra Ofczarzak Gitta M Pap Casey Richardson Ervin Richardson Lynn Ruoff Bob Ruth Kathy Scott William Scott, Layla Hensarling Wright Tony Watson Tim Wolff Edward Wren Larry Young CITY COUNCIL John Nichols, Mayor Mark Smith, Place 1 William Wright, Place 2 Linda Harvell, Place 3 Elizabeth Cunha, Place 4 Bob Yancy, Place 5 Dennis Maloney, Place 6 PLANNING & ZONING COMMISSION Dennis Christiansen, Chairperson Marcus Chaloupka Aron Collins Jason Cornelius Melissa McIlhaney Bobby Mirza David White Page 384 of 512 57CSTX.GOV | WELLBORN DISTRICT PLAN ADMINISTRATION Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Jennifer Prochazka, Assistant City Manager PLANNING & DEVELOPMENT SERVICES Michael Ostrowski, CEcD, AICP, Director Molly Hitchcock, AICP, Assistant Director Alyssa Halle-Schramm, AICP, LEED GA, Long Range Planning Administrator Naomi Sing, Staff Planner – Project Manager Carl Ahrens, Transportation & Mobility Planner Anthony Armstrong, P.E., CFM, Land Development Review Administrator Katherine Beaman-Jamael, Graduate Transportation & Mobility Engineer Samantha Beckman, Planning Intern Brian Binford, CBO, Building Official Erika Bridges, P.E., CFM, Assistant City Engineer Carol Cotter, P.E., CFM, City Engineer Matthew Ellis, AICP, Senior Planner Crystal Fails, Staff Assistant David Hahn, GIS Technician Lucas Harper, P.E., Civil Engineer Kristen Hejny, Administrative Support Specialist Ashley Klein, Planning Intern Robin Macias, Staff Planner Aspen Pflanz, Transportation & Mobility Planner Elise Sawyer, GIS Intern Gabriel Schrum, Staff Planner Jason Schubert, AICP, Transportation Planning Coordinator Gillian Sitler, Graduate Civil Engineer Julie Svetlik, CFM, GIS Analyst Bryce Trujillo, Assistant Building Official Page 385 of 512 58CSTX.GOV | WELLBORN DISTRICT PLAN STAFF RESOURCE TEAM Jennifer Cain, Director of Capital Improvement Projects Timothy Crabb, Director of Electric Utility Debbie Eller, Director of Community Services Emily Fisher, Director of Public Works Theo Garcia, Civil Engineer, Water Services Alan Gibbs, Assistant Director of Water Services Randall Lewis, Assistant Director of Electric Utility Emily Lopez, Graduate Civil Engineer, Water Services Stephen Maldonado Jr., Assistant Director of Water Services Ramiro Martinez, Engineering Operations Manager, Water Services Rachel Mayor, Multimedia Manager Gary Mechler, Director of Water Services Barbara Moore, Assistant to the City Manager Brian Piscacek, Assistant Director of Economic Development & Tourism Gustavo Roman, Assistant Director of Community Services Natalie Ruiz, Director of Economic Development & Tourism Debbie Stickles, Electric Design Supervisor, Electric Utility Lucero Valenzuela, Multimedia Coordinator Page 386 of 512 59CSTX.GOV | WELLBORN DISTRICT PLAN Contributors to the 2013 Wellborn Community Plan WELLBORN RESOURCE TEAM David Alexander, Jane Cohen, Renee Evans, Walter Evans, Bob Fountain, Carol Fountain, Keith Franze, David Gerling, Patricia Gerling, Darren Hartl, Linda Hale, Dale Holocek, Mary Ann Nagyvary, Alton Ofczarzak, Rich Risbon, Sydney Risbon, Lynn Ruoff, Elizabeth Terry, Kristin Schaefer, Craig Hall (Planning & Zoning Commission representative), and Mike Ashfield (Planning & Zoning Commission representative) PLANNING & ZONING COMMISSION Matt Robinson, Bob Cowell, Molly Hitchcock, Lauren Hovde, Venessa Garza, Kristen Hejny, Mandi Alford, Joe Guerra, Barbara Moore, and Jenifer Paz Page 387 of 512 cstx.gov Page 388 of 512 ORDINANCE NO. ___________ EXHIBIT C That the “Official City of College Station Comprehensive Plan” is hereby amended by amending Chapter 2. Distinctive Places to read as follows: Page 389 of 512 The Comprehensive Plan sets the framework to create distinctive places, strong neighborhoods, a prosperous economy, and engaging natural spaces and arts for everyone in College Station. The plan provides policy direction for an integrated mobility network, exceptional City services, and carefully managed, fiscally responsible growth. Effective collaboration across City departments and with regional partners is key to achieve and implement the plan’s vision, goals, and actions. The plan strives to identify, create, conserve, and connect places of distinction – those areas that make College Station unique and contribute to the City’s character and sense of place. DISTINCTIVE PLACES2 AMENDED OCTOBER 12, 2023Page 390 of 512 19CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Goal Vibrant and distinct districts, attractive neighborhoods, revitalized gateways and corridors, and conserved natural areas, grounded in environmental stewardship and resiliency. Purpose How land is used – including its appearance, physical arrangement, and development intensity – contributes significantly to the community’s character and its sense of place with far-reaching and long- term impacts. The City must balance and encourage infill, redevelopment, and new development in appropriate areas to accommodate an increasing population while maintaining the integrity and character of established neighborhoods. Revitalization, where needed, is also essential to maintaining College Station’s character. Sound planning ensures that the City can accommodate needed development, that development can be adequately served with public services, and that its impacts can be managed to maintain compatibility and to promote the character desired by College Station’s residents. Planning establishes effective strategies for future growth, infill, and appropriate redevelopment while balancing market opportunities, protecting and enhancing neighborhood character, creating and preserving unique districts and corridors, conserving natural areas, and creating a more resilient community. The 10-year update to the Comprehensive Plan places a renewed focus on infill and redevelopment in strategic locations to accommodate population growth while ensuring the long-term fiscal sustainability of the City. Infill and redevelopment opportunities more efficiently utilize existing infrastructure, facilities, and City staff resources by encouraging growth in areas with existing capacity to maximize efficiency. The Comprehensive Plan contains future land use categories that serve as policy guides and set expectations for how land within the City should be developed and used in the future. The terms future land use and zoning often get confused, but they are separate tools and processes. Future land use serves as a guide for how areas of the City may develop in the future. In contrast, zoning regulates how a specific property can be developed and used today. Map 2.2, Future Land Use & Character is used to guide decisions about infrastructure investment and zoning changes. This chapter serves as the plan’s foundation and encompasses many interrelated components as land use and development patterns are fundamental to the other topic chapters including creating strong neighborhoods (Chapter 3), a prosperous economy (Chapter 4), engaging natural spaces and arts (Chapter 5), an integrated mobility network (Chapter 6), exceptional City services (Chapter 7), and carefully managed, fiscally responsible growth (Chapter 8). Effective collaboration across City departments and with regional partners (Chapter 9) is vital to achieve and implement the plan’s vision, goals, and actions (Chapter 10). Page 391 of 512 20CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN This chapter includes a series of maps that depict the City’s land use strategies and goals visually, including Map 2.1, Planning Areas, Map 2.2, Future Land Use & Character, and Map 2.3, Community Assets & Image Corridors. Planning Considerations Planning input from the community identified various issues and opportunities regarding land use planning, conservation of natural features, and enhanced community identity and aesthetics. The considerations highlighted in this section were used in the development of the goal and action recommendations that follow. GROWTH AND DEVELOPMENT College Station is poised for continued population growth, which will bring demands for additional housing, shopping, recreational needs, public facilities, infrastructure, and services. University students continue to make up a significant portion of the population, but College Station is also diversifying in age–those aged 55 and over are the fastest-growing cohort, increasing by 83.5 percent over the last decade. The City of College Station is projected to increase by approximately 35,000 people over the next decade for a total population estimated to be 162,500 by 2030. The housing demand associated with this population growth is approximately 14,000 additional dwelling units. When factoring in assumed build-out of all existing and known development projects, there is a gap of approximately 10,000 dwelling units. This additional housing stock could come from a combination of infill development, redevelopment projects in existing areas, and new developments. This housing stock must include a variety of housing types to meet the needs and demands of all residents including students, young professionals, families and non-family households, renters and homeowners, and the retiree and 55 and older population, with an emphasis on aging-in-place. For reference, the City had a net gain of approximately 12,800 housing units over the last decade, with 6,500 single-family residences and 6,300 multi-family units added.1 If population and housing demands continue to increase and state legislation restricting annexation remains in effect, the City will naturally face a greater need for increased density in appropriately targeted areas. This presents an exciting opportunity to thoughtfully plan for a variety of neighborhoods that accommodate a wide range of lifestyles for College Station residents. Though the current population density at slightly more than 2,400 persons per square mile remains low in comparison to other metropolitan areas, the need for increased density offers opportunities for reinvigorating strategic areas and reimagining the way that new neighborhoods are designed. The City’s enviable growth prospects necessitate more effective land use planning and capital investments, as well as diversified housing types including vertical mixed-use apartments, townhomes, and dense single-family neighborhoods. 1Data provided by City of College Station Planning & Development Services Page 392 of 512 21CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN COMMUNITY CHARACTER, SUSTAINABILITY & URBAN DESIGN College Station residents are interested in the character of their neighborhoods, special districts, corridors, and natural areas that collectively make College Station unique. Effective design also helps to create places of distinction – places worth remembering and protecting – and contributes significantly to quality of life. The design of streetscapes and building fronts as well as the treatment of parking and other physical features all impact how people experience the public realm. This plan speaks to the urban form of the City (where, when, and how land uses are developed) as well as public realm design (sometimes called urban design) and its impact on community character and identity. Residents expressed the desire to preserve natural features for their environmental functions as well as their contribution to the community’s character, with an emphasis on ensuring that the use or enjoyment of existing resources does not compromise resource availability for future residents. This is generally recognized as the definition of sustainability – meeting the needs of current generations without compromising the ability of future generations to meet their own needs. Combining these desires for unique places, quality urban design, and development patterns that are sensitive to resident needs and natural resources, along with the efficient use of infrastructure and City resources, provides a defined vision to make College Station a more livable and sustainable community. As College Station grows, it is the residents’ and City’s intent that: • Infill and redevelopment in strategic locations is prioritized over expansion of the urban area, is sensitive to existing neighborhoods, and engages residents in infill and redevelopment planning. • Growth occurs in a sustainable manner to steward limited resources in an efficient and responsible manner that accommodates an increasing population and mitigates negative impacts on the natural and built environment. Compact development patterns help minimize sprawl and its associated impacts and makes sound economic sense for infrastructure provision and City services (see Chapter 8: Managed Growth). • New or enhanced residential areas are created with qualities of traditional neighborhoods that feature a mix of housing types, a balance of owner and renter occupants, where parks and open space are provided, neighborhood-serving businesses are accessible, and adjacent neighborhoods and areas are connected in a seamless fashion (see Chapter 3: Strong Neighborhoods). • Existing neighborhoods are conserved, enhanced, or revitalized with harmonious improvements, infill development, and compatible adjacent land uses that enhance the established neighborhood’s character (see Chapter 3: Strong Neighborhoods). • Unique corridors and districts are developed, enhanced, and conserved that foster vibrant places, streets, and natural corridors that contribute to the community’s character and sense of place. • Rural areas are preserved to protect streams, trees, pastures, and open areas that contribute significantly to the character of rural areas. • Natural resources are managed and conserved through sound stewardship practices to protect streams, wooded areas, and open spaces that provide habitat for a variety of plants and wildlife, convey and clean stormwater, improve air quality, and add to the City’s character and identity (see Chapter 5: Engaging Spaces). Page 393 of 512 22CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN • Sustainable site design and low impact development practices are utilized to mitigate stormwater and prevent flooding, avoid soil erosion and mitigate urban heat island effect, encourage tree preservation and planting programs, reduce energy consumption and pursue renewable technologies, conserve and reuse water, encourage native and adapted vegetation, and minimize waste and resource consumption, among others. • Multiple mobility mode options are available to access neighborhoods, major employers and attractions, and the wider community, and streets are designed in a context-sensitive manner. The design of a street should be a function of both its role as a mobility corridor and its place context (see Chapter 6: Integrated Mobility). • Streetscapes are designed at a human- scale and contribute positively to the way people navigate and experience the City. Effective streetscapes prioritize elements like wide sidewalks, pedestrian-scaled streetlights, wayfinding signs, and canopy trees. New district and corridor plans, as well as context-sensitive street design, will help elevate streets from utilitarian elements of the community to special places in their own right. • Public facilities are located and designed to contribute to community character and make a statement about the community’s values and expectations. A well-designed library or community center fits into a neighborhood, enabling residents to walk safely from their homes and providing a place for neighbors to gather, and contributes positively to that neighborhood’s character and reinforces the public facility as an integral part of the community. • Public spaces are highly visible and accessible to all residents and visitors. Public spaces like plazas, amphitheaters, and pedestrian malls that are well designed and safe foster social interactions and community identity. Page 394 of 512 23CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Existing Land Use Future land use and character is grounded in the current use of land and the prevailing character. An overview of the current conditions is necessary prior to forming policies for the future use of land and community character. College Station can be readily divided into three basic types of existing land use patterns: urban, suburban, and rural. These are common terms that should bring immediate images to mind. Attributes that define these areas contribute to the identity of College Station. Urban character is currently concentrated in the Northgate area. It includes early 20th century lot-line commercial structures such as those along either side of College Main, and immediately north of University Drive (FM 60). More recently constructed structured parking and multi-story residential projects built close to the street continue this urban feel. This area includes vertical, mixed-use development, minimal setbacks, minimal surface parking lots, and a high level of pedestrian activity. Suburban character dominates College Station largely due to the time period most of the City was developed (post-World War II), local preferences and building customs, and the dominance of apartment- style development to support the student population. Much of this suburban character is auto-dominated and consists of land uses that have extensive areas of parking in relationship to their floor area. Big-box retail areas and shopping malls are quintessential examples of this character. Most apartment complexes, duplexes, and single-family residential developments exhibit similar auto-oriented character and design. Some suburban areas of the City exhibit a less auto- dependent and more walkable character. These areas retain a balance between green areas (parks and open space) and the built environment. Often these areas include parks, schools, and small-scale, neighborhood- serving businesses. The College Hills area is a good example of this type of suburban character. There are also suburban areas that are dominated by open space. These estate areas exhibit a more rural character with homes generally placed on large lots. The Foxfire subdivision is a good example of this type of suburban land use and character. Rural areas that currently exist in and around College Page 395 of 512 24CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Station are areas that exhibit countryside, agricultural, and natural character. Countryside is typically dominated by a few lots of estate size or greater fronting a road surrounded by agricultural or natural lands. The latter two tend to be determined by uses – crop or ranching in agricultural areas and wooded or savannah lands in natural areas. Rural areas tend to be more sensitive than other character areas to intrusions from incompatible development. Portions of the City and most of the ETJ are planned to remain rural and are identified accordingly on Map 2.2, Future Land Use & Character. Additional information about these areas is contained in Chapter 8: Managed Growth. Future Land Use The plan for future uses of land is presented through policy guidance and associated maps. Three significant land use components work in tandem to identify, create, conserve, and connect places of distinction – those areas that make College Station unique and contribute to the City’s character and sense of place. These components are: Planning Areas, Future Land Use & Character, and Community Assets & Images Corridors. Each component is visually represented by an associated map. Combined, the narrative and maps capture the City’s policies regarding how and where College Station will grow and change over the course of the next decade. • Map 2.1, Planning Areas depicts areas within the city with distinctive character that have existing small area plans or are priority areas for future focused planning efforts. • Map 2.2, Future Land Use & Character provides specific detail regarding the desired future use and character of all land within the City and ETJ. • Map 2.3, Community Assets & Image Corridors visually portrays community assets, both natural and man-made, that contribute to the character and identity of the City. Page 396 of 512 25CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN PLANNING AREAS The policy guidance within this section and Map 2.1, Planning Areas are intended to provide a broad overview of the City’s land use strategy. Significant neighborhoods, districts, corridors, redevelopment areas, and places that would benefit from future small area planning efforts are identified. Small area plans are focused planning efforts that provide a more granular level of study and specific actions for a smaller, defined geographic area to help implement the Comprehensive Plan’s overarching goals. The City has several existing small areas plans and identified priority areas for additional planning efforts through recent citizen input and the 10-year plan update. The basic land use strategy is to strategically accommodate the projected demand for new housing, businesses, public facilities, and infrastructure needs resulting in multiple places of distinction. This enables the City to continually strengthen its principal competitive advantage for attracting and retaining residents, visitors, and new businesses along with the employment and tax revenues that accompany them – that is, a high quality of life. The land use strategy and planning areas focus on identifying, creating, conserving, and connecting: • Strong and sustainable neighborhoods • Unique districts and corridors, both natural and man-made • Redevelopment areas that renew, revitalize, and infill underperforming areas of the community through partnerships with public and private interests • Rural areas that preserve open spaces and respect the limits of public infrastructure and services, and • A context sensitive mobility system that links the community together (as discussed in Chapter 6: Integrated Mobility and visually represented through the Thoroughfare Plan and Bicycle, Pedestrian, and Greenways Master Plan) Neighborhoods & Districts Neighborhood planning areas are places in which the current land use, character, and identity will generally remain and be enhanced. Among other activities, these plans identify appropriate and compatible land uses and design for vacant lands within the neighborhood and its area of influence. They also designate areas appropriate for redevelopment. Neighborhood plans typically contain strategies that address existing challenges (for example, code issues) and identify enhancement actions (such as pedestrian or park improvements). Page 397 of 512 26CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN District planning areas present opportunities for a mix of appropriate uses that enhance the unique characteristics of a defined area of the City. Existing examples include the Wellborn Community Plan which centers on the unique, rural character of the Wellborn area and the Medical District Master Plan which focuses on creating a cohesive healthcare and wellness district. Between 2009 and 2013, residents, staff, and City leadership worked together to create five neighborhood and small area plans and two district plans. These plans provided strategic recommendations for an area within a defined timeframe (typically seven years). Once adopted, those recommendations were either implemented over the planning period or incorporated into relevant parts of the Comprehensive Plan or other master plans. Occasionally, some action items were not pursued due to changed conditions, project feasibility, available funding, or waning neighborhood interest. The City established a formal process for reviewing existing plans and conducted an audit of the five neighborhood and small area plans in 2022. Nearly 70 percent of actions across all plans were either completed or in progress as of the audit date, demonstrating a positive implementation success rate. The audit also analyzed challenges in plan implementation and provided key recommendations for future small area planning efforts. Based on the audit’s findings, four of the original five neighborhood and small area plans that were beyond their planning horizons were retired. The City will continue pursuing new neighborhood and district planning efforts for areas facing significant changes or development pressures, or to create or enhance the unique character of an area. •Planning Area 1: Wellborn District Plan – Adopted in October 2023, this plan encompasses 929 acres in the southwestern portion of the City, including much of the historic Wellborn community and focuses on retaining the rural character of the area. The community is facing continued development pressures for growth, and the plan directs that pressure into appropriate areas while preserving, supporting, and enhancing the rural character of the area. The zoning districts allowed within the Wellborn District Plan boundary are limited to: Wellborn zoning districts, BP Business Park, BPI Business Center, CI Commercial Industrial, R Rural, and NAP Natural Areas Protected. •Planning Area 2: Medical District Master Plan - Adopted in October 2012, the Medical District Master Plan creates a focused healthcare and wellness district that includes the City’s major hospitals and medical facilities. This area is generally located along State Highway 6 near the Rock Prairie Road interchange, which is one of the primary gateways into the City as one approaches from the south. The plan links medical facilities into a cohesive district with supporting commercial and residential areas that are being realized through the Midtown Reserve & City Center master planned development. The City-owned Midtown Business Park, consisting of over 250 acres, is located in this general area as well, providing economic development opportunities for office, light and heavy-industrial, and limited commercial uses. There are also significant natural features in the area – branches of Lick Creek and Spring Creek – and these should continue to be incorporated into the district as parks, greenway trails, and open space. Future development should also continue cohesive identity elements such as signage, landscaping, and design that visually tie the district together. •Planning Area 3: Wolf Pen Creek District - This district along the Wolf Pen Creek corridor combines parks, arts, and commerce by linking a variety of private and public facilities together with an urban greenway. This area has been the subject of considerable planning efforts, including specific Wolf Pen Creek Design Standards (within the Unified Development Ordinance), and substantial public and private investment. Future planning should build upon these existing efforts to expand the district’s reach into the adjacent areas of influence, resulting in a more urban character. Page 398 of 512 27CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Redevelopment Portions of the City are identified for focused redevelopment activities. Within these areas it is anticipated that a change in use – and, if appropriate, character – requires some form of direct intervention by the City. This intervention may involve regulation (e.g., City-initiated rezoning), investment (e.g., capital expenditure on infrastructure), or incentives (e.g., fast-tracking of a project or density bonuses). This stands in contrast to areas that experience changes in use based on market opportunities alone. Some of these redevelopment areas may overlap established neighborhood areas, districts, or corridors and careful attention and cohesive planning will be needed to provide appropriate transitions between redeveloping and existing areas. • Planning Area 4: Northgate District & Redevelopment Area - This area serves as the City’s primary entertainment district and represents the City’s only current urban character area. This area has been and will continue to be the subject of considerable planning along with substantial public and private investment. These efforts should be guided by the Northgate District Design Standards (within the Unified Development Ordinance), the Mobility Study and Operations Plan, and any emerging plans for the area. Continued development and redevelopment efforts in the Northgate District should enhance the vibrant entertainment district and include vertical mixed-use projects, retail and entertainment uses, and tourist attractions. • Planning Area 5: Northeast Gateway Redevelopment Plan - Adopted in September 2023, the Northeast Gateway Redevelopment Plan creates a coordinated strategy for future change and redevelopment along two of the busiest corridors in the city: Texas Avenue and University Drive (FM 60). The plan is divided into two subareas: The Crossing and Eastgate Main. The Crossing is the primary gateway into the City of College of Station and Texas A&M University for visitors entering from Bryan on Texas Avenue and from State Highway 6 along the University Drive (FM 60) hospitality corridor. The Crossing generally includes the area surrounding the intersection, east along University Drive (FM 60) to Tarrow Street, and south along Texas Avenue to Lincoln Avenue. The Crossing anticipates a high level of redevelopment, vertical mixed-use structures, significant increases in housing options and housing stock, an enhanced and expanded multi-modal transportation system, and a denser urban form. Eastgate Main is centered at the intersection of Texas Avenue and New Main Drive/Walton Drive. It contains one of College Station’s historic retail shopping centers, the College Station City Hall and Visitor Center, and is adjacent to the College Hills Estates neighborhood. Eastgate Main is bounded by Foster Avenue, George Bush Drive East, Texas Avenue, and Lincoln Avenue, where it interfaces with The Crossing subarea. Eastgate Main anticipates both vertical and horizontal mixed-use developments that honor the historic commercial structures along Walton Drive while providing additional housing opportunities along Foster Avenue. Page 399 of 512 28CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN • Planning Area 6: Harvey Road Redevelopment Area – This section of Harvey Road includes newer commercial areas and a number of underperforming commercial and older multi-family properties and apartment complexes. This area also includes the Post Oak Mall, which will likely need to reposition itself in the near future to remain competitive. This presents an exciting opportunity to evolve into a denser area of the City, including vertical and horizontal mixed-use developments, which could compliment the adjacent Wolf Pen Creek District. During the 10-year Comprehensive Plan evaluation, residents and City leadership expressed interest in alternative options for future redevelopment and revitalization of this area, indicating a need for additional study and engagement. • Planning Area 7: George Bush Drive & Wellborn Road (FM 2154) Redevelopment Area - This area includes a number of underperforming commercial properties and poor-quality residences that, due to planned road changes to the George Bush Drive and Wellborn Road (FM 2154) intersection along with the area’s proximity to Texas A&M University, are poised for redevelopment. Much of the area is currently subdivided into small lots, making it difficult to consolidate land for redevelopment. The presence of existing residences and businesses, and proximity to established neighborhoods and the university campus, requires careful site planning and building design. Redevelopment planning efforts should focus on bringing vertical and horizontal mixed-use and other aspects of urban character to this portion of the City, while providing contextually appropriate transitions to established areas of the Southside neighborhood. During the 10-year plan evaluation residents were divided on alternative options for this area, indicating the need for further study and public engagement. Residents strongly opposed changes to interior portions of the Southside neighborhood across from Texas A&M University, thus future planning efforts within the Southside neighborhood should center on the area surrounding the George Bush Drive and Wellborn Road (FM 2154) intersection. These planning efforts will be prioritized and synced with the proposed road changes, once the timing is known. Gateway Corridors Gateway corridors serve as functional and focal entry points into the City and its unique districts, neighborhoods, redevelopment, and natural areas. These gateway corridors are prominent routes for College Station residents and visitors alike. An effective gateway corridor establishes a positive impression and identity that reinforces the community’s character. Several of these corridors serve as a link between districts, further reinforcing their importance. Identity and beautification elements, such as decorative markers and themed wayfinding signs, should be placed along these corridors. Additionally, landscaping and streetscape elements should be unified and significant along these corridors. These corridors also offer the opportunity for the placement of public art and other design elements. • Planning Area 8: Presidential Gateway & BioCorridor - This area located near the intersection of State Highway 47 and Raymond Stotzer Parkway (FM 60) is a main entryway into the City from the west. It is adjacent to the Texas A&M University Health Science Center, Easterwood Airport, and nearby the RELLIS Campus in Bryan. The BioCorridor contains interconnected, master planned properties specializing in corporate office, biomanufacturing, research and development, and industrial uses. The area’s character is managed and regulated jointly by the cities of College Station and Bryan largely through the BioCorridor Planned Development District. Future development should build upon existing assets in the area and continue to enhance this primary gateway into the City through cohesive design, landscaping, and signage. Page 400 of 512 29CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN • Planning Area 9: Hospitality Corridor - This area along University Drive (FM 60), spanning from Tarrow Street and Fire Station #6 to the interchange at State Highway 6, is one of the main entryways into the City from the highway. A number of hotels and restaurants are currently located along this corridor. The focus of this corridor should be linking current and future hospitality facilities into a cohesive corridor along with adjacent redevelopment areas that, over time, could emerge as another urban character area. The plan should include identity elements such as signage, landscaping, and enhanced design to visually tie the corridor together. • Planning Area 10: Municipal Center Corridor - This area located along Krenek Tap Road between State Highway 6 and Texas Avenue includes Stephen C. Beachy Central Park, the original City cemetery, and several municipal facilities. The area also includes significant natural features such as Bee Creek and several wooded areas. Plans for this corridor should enhance the municipal facilities and support a mix of residential and commercial activities with an emphasis on cohesive design that integrates the natural features of the area. • Planning Area 11: Harvey Mitchell Corridor - This is an area of Harvey Mitchell Parkway (FM 2818) generally around its intersection with Texas Avenue extending eastward to State Highway 6. This area includes a significant amount of floodplain area adjacent to Bee Creek and significant road frontage along Harvey Mitchell Parkway and Texas Avenue. The focus of this plan should be the development of an urban area that incorporates the natural features of the area and design elements that positively contribute to two prominent entries into the core of the City. • Planning Area 12: Longmire & Highway 6 Frontage Road Corridor – This gateway corridor is a major entryway into the City from State Highway 6. The area is generally defined as the State Highway 6 Frontage Road at its intersection with Texas Avenue between Deacon Drive to Rock Prairie Road and west to Longmire Drive. The corridor contains a series of older, underperforming, and in many cases nonconforming, commercial and multi-family uses. As a key corridor, future planning efforts should focus on redevelopment opportunities and identity enhancements such as signage, landscaping, and design to create a more visually cohesive entryway and corridor. • Planning Area 13: Wellborn Road (FM 2154) and William D. Fitch Corridor (State Highway 40) – This area is generally the southwestern gateway into the City near the intersection of Wellborn Road (FM 2154) and William D. Fitch Parkway (State Highway 40). There is a future grade-separated crossing at the intersection of these roads that will significantly change the area’s character. The land west of the railroad and generally south of Rock Prairie Road is largely undeveloped but limited in development potential due to sewer capacity constraints. A plan for this area should focus on opportunities for visual enhancements such as signage, landscaping, and enhanced design to Page 401 of 512 30CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN create a more attractive entryway, along with compatible land uses such as light industrial that can operate within existing constraints. Natural Corridors Natural corridors exhibit opportunities for resource conservation and recreational activities. Examples include the Carter Creek and Lick Creek Corridors. Each of these will be the subject of a future district or corridor plan. • Planning Area 14: Bee Creek Corridor - This corridor contains Bee Creek, which is a significant stream that traverses many neighborhoods in the core of the City. This watershed has been the location of intense development resulting in significant alteration to the stream. The focus of this corridor should be on the continued restoration of the creek, development of recreational opportunities, and expansion of its role in linking adjacent areas. • Planning Area 15: Carter Creek Corridor - This corridor consists of the entirety of Carter Creek and its associated floodplain. Carter Creek is a significant natural feature stretching along much of the eastern edge of the City and linking College Station, Bryan, and the remainder of Brazos County. The focus of this corridor should be the protection of this natural feature and development of recreational opportunities that could cohesively connect the region. • Planning Area 16: Lick Creek Corridor - This area includes Lick Creek Park and the surrounding area. Lick Creek Park is one of the most significant natural features in College Station. It offers a unique natural setting and protects much of the Lick Creek watershed along with a large, wooded area and the Page 402 of 512 31CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN habitats of rare and endangered species. The focus of this corridor should be the continued protection of the natural features, additional recreational and educational opportunities, and the expansion of its role in linking adjacent areas. FUTURE LAND USE & CHARACTER Future land use serves as a guide for how all property within the City may develop in the future. Each future land use category contains a character-based description and overall intent of the category, along with generally appropriate zoning districts that help achieve the desired character. There are also example photographs from existing developments in College Station or other communities to visually illustrate the desired development characteristics. The appropriateness of zoning change requests will be considered using multiple criteria including, but not limited to, whether the request is aligned with Map 2.2, Future Land Use & Character, whether changed or changing conditions exist in the area, compatibility with existing uses and development patterns, impact on environmentally sensitive and natural areas, impact on and timing of infrastructure, and consistency with all goals and strategies of the Comprehensive Plan. The zoning districts listed as generally appropriate under each future land use category are meant to provide guidance and do not represent affirmative support of each listed zoning district. The land use strategies discussed in this chapter are further clarified by the future land use category descriptions and are visually portrayed in Map 2.2, Future Land Use & Character. The associated acreages in each land use category are compiled in Table 2.1, Summary of Future Land Use Acreages. With the 10-year Comprehensive Plan update several changes were made to the future land use categories and map based on community and stakeholder input, changing conditions, and best practices identified during the evaluation process. These changes include renaming, simplifying and reducing the number of categories, refining the land use definitions, creating new categories to encourage and support emerging development forms, and reconsidering how land uses apply to various areas of the City. Table 2.1 - Summary of Future Land Use Acreages Future Land Use City Limits ETJ Urban Center 335.6 Neighborhood Center 1,255.9 General Commercial 1,855.0 159.4 Neighborhood Commercial 523.9 Business Center 968.0 874.0 Urban Residential 963.9 Mixed Residential 1,093.4 209.1 Suburban Residential 6,342.9 577.7 Estate Residential 2,822.7 885.0 Rural 7.9 57,785.4 Neighborhood Conservation 1,795.7 Medical 170.9 Wellborn 434.6 38.0 Institutional/Public 952.4 4.2 Texas A&M University 4,839.8 44.4 Parks & Greenways 870.4 *17.3 Natural & Open Areas 5,131.9 41,804.3 TOTALS 30,364.9 102,398.8 *Note: The 17.3 acres of Parks & Greenways in the ETJ is the park within the Southern Pointe subdivision, which will be annexed into the City in the future per their development agreement Page 403 of 512 111 222 444 555 666 777 888 999 10100 111111 121212 131313 141414 151515 161616WILLIAM D. FITCH PKWYF M 21 54FM 2818GEORGE BUSH DRTE XA S AV E SUNIVERSITY DRS H 6 S SH 6 S TEXAS A&M UNIVERSITY FLOODPLAIN 5 MILE ETJ CITY LIMITS BRYAN MAIN CORRIDORS * EXISTING PLANNING EFFORT OR DESIGN STANDARDS REDEVELOPMENT AREAS 4.NORTHGATE DISTRICT* 5.NORTHEAST GATEWAY REDEVELOPMENT PLAN* 6.HARVEY ROAD AREA 7.GEORGE BUSH DRIVE & WELLBORN ROAD AREA GATEWAY CORRIDORS 8.PRESIDENTIAL GATEWAY & BIOCORRIDOR* 9.HOSPITALITY CORRIDOR* HARVEY MITCHELL CORRIDOR11. 10.MUNICIPAL CENTER CORRIDOR WELLBORN ROAD & WILLIAM D. FITCH CORRIDOR13. 12.LONGMIRE & HIGHWAY 6 FRONTAGE ROAD CORRIDOR NATURAL CORRIDORS 14.BEE CREEK CORRIDOR 15.CARTER CREEK CORRIDOR 16.LICK CREEK CORRIDOR NEIGHBORHOODS & DISTRICTS 1. 3. 2. WELLBORN DISTRICT PLAN* MEDICAL DISTRICT MASTER PLAN* WOLF PEN CREEK DISTRICT* Planning Areas M AP 2.1 Page 404 of 512 ETJETJETJ CITY LIMITSCITY LIMITSCITY LIMITS BRYANBRYANBRYAN GEORGE BUSH DRUNIVERSITY DRSOU THWES TPKWYTE X A S AV E S DEACON DRROCK PRAIRIE RDHARVEY RDGRAHAM RDEAGLE AVEBARRON RDHOLLEGREENS PRAIRIE RDMANDRS H 6 S S H 6 SWILLIAM D. FITCH PKWYFM 60F M 2 1 5 4FM 2818 URBAN CENTER NEIGHBORHOOD CENTER GENERAL COMMERCIAL NEIGHBORHOOD COMMERCIAL BUSINESS CENTER URBAN RESIDENTIAL MIXED RESIDENTIAL SUBURBAN RESIDENTIAL ESTATE RESIDENTIAL RURAL NEIGHBORHOOD CONSER VATION MEDICAL INSTITUTIONAL/PUBLIC TE XAS A&M UNIVERSITY PA RKS & GREENWAY S NATURAL & OPEN AREAS REDE VELOPMENT AREAS!!!!!!Future Land Use & Character *NOTE : A COMPREHENSIVE PLAN SHALL NOT CONSTITUTE ZONING REGULATIONS OR ESTA BLISH ZONING BOUNDARIES M AP 2.2 Page 405 of 512 34CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Future Land Use Categories URBAN CENTER Areas that are appropriate for the most intense development and mix of uses arranged in a compact and walkable pattern. These areas will tend to consist of multi-story residential, commercial, and office uses that may be mixed vertically within mixed-use structures or horizontally in an integrated manner. Urban Centers should also incorporate consolidated parking facilities, access to transportation alternatives, open space and recreational facilities, and public uses. Building Height: 5 stories average Mobility: Walking, bicycling, transit, automobile Intent • Create and reinforce walkable activity centers with small blocks that are connected to surrounding development and include a mix of complementary uses • Accommodate a mix of building types including freestanding and attached structures that frame attractive pedestrian zones between buildings and streets • Encourage commercial uses along primary streets • Encourage vertical mixed-use structures with ground- floor retail in appropriate locations such as along major corridors • Support multi-family residential as a secondary component of a center • Encourage shared surface parking located behind buildings or to the side of buildings, structured parking, and on-street parking where possible Generally appropriate zoning districts: Mixed-use, Northgate zoning (in Northgate only), Wolf Pen Creek zoning (in Wolf Pen Creek only) Page 406 of 512 35CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN NEIGHBORHOOD CENTER 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. Neighborhood Centers should also incorporate consolidated parking facilities, access to transportation alternatives, open space and recreational facilities, and public uses. Height: 3 stories average Mobility: Walking, bicycling, transit, automobile Intent • 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 • Support vertical mixed-use structures with ground-floor retail in appropriate locations such as along corridors or major intersections • Encourage all land generally within 300 to 500 feet of streets classified as major collectors or higher to be commercial uses, unless providing vertical mixed-use structures with residential uses on upper floors. The exact location and extent can be modified if creating commercial nodes, such as at intersections, and/or if other characteristics of the site require an alternative design that provides a mixture of uses in an integrated manner. • Stand-alone commercial uses with a preferred emphasis on urban form may be allowed if the size and scale of the property and/or development does not adequately support mixing uses in a horizontal manner • Support multi-family residential as a complementary secondary component of a center that includes commercial and/or office uses • Encourage shared surface parking located behind or to the side of buildings (with some limited parking in front of buildings), structured parking, and on-street parking where possible Generally appropriate zoning districts: Mixed-use, Wolf Pen Creek zoning (in Wolf Pen Creek only), 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 407 of 512 36CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN GENERAL COMMERCIAL Concentrated areas of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large and located along regionally significant roads. Due to their context, these areas tend to prioritize automobile mobility. Height: 1-2 stories average Mobility: Primarily automobile, but accessible by walking, bicycling, and transit Intent • Accommodate a wide range of commercial uses • Concentrate future commercial development at major intersections • Provide connectivity to surrounding bicycle and pedestrian networks and provide safe pedestrian facilities within sites • Encourage transitions in building height and mass when adjacent to residential neighborhoods • Support multi-family residential as secondary uses on a site • Encourage shared surface parking Generally appropriate zoning districts: General commercial, office, and mixed-use zoning Page 408 of 512 37CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN NEIGHBORHOOD COMMERCIAL Areas of commercial activities that cater primarily to nearby residents. These areas tend to be smaller format than general commercial and located adjacent to major roads along the fringe of residential areas. Design of these structures is compatible in size, architecture, and lot coverage with surrounding residential uses. Height: 1-2 stories average Mobility: Primarily automobile, but accessible by walking, bicycling, and transit Intent • Accommodate limited commercial services compared to General Commercial • Provide pedestrian and bicycle connectivity to surrounding neighborhoods and nearby public uses (schools, parks, etc.) • Support some residential uses that are compatible with the surrounding neighborhood character • Encourage transitions in building height and mass when adjacent to residential neighborhoods • In a walkable neighborhood context, locate new buildings near the street and accommodate parking to the side or rear of buildings with some limited parking in front of buildings and accommodate on-street parking where possible Generally appropriate zoning districts: Suburban commercial and office zoning. Within the Wellborn District, limited to Wellborn Commercial zoning. Page 409 of 512 38CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN BUSINESS CENTER Areas that include office, research, or industrial uses that may be planned and developed as a unified project. Generally, these areas need convenient access to arterial roadways. Height: Varies Mobility: Primarily automobile Intent • Accommodate a variety of large footprint buildings • Accommodate commercial and service uses within Business Centers • Accommodate pedestrian, bicycle, and transit connectivity to and within Business Centers • Provide buffering through landscaping and building placement where large-scale employment sites are adjacent to residential areas Generally appropriate zoning districts: Business park, industrial, and commercial industrial zoning Page 410 of 512 39CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN URBAN RESIDENTIAL Areas that are appropriate for a range of high-density multi- family and attached residential development in various forms including townhomes, apartment buildings, mixed- use buildings, and limited non-residential uses that are compatible with the surrounding area. Height: 3 stories average Mobility: Walking, bicycling, transit, automobile Intent • Accommodate a wide range of attractive multi- family housing for a diverse population. Buildings may be clustered and grouped. Building setback from street varies but is generally consistent within a development • Provide vehicular and pedestrian connectivity between developments • Accommodate streetscape features such as sidewalks, street trees, and lighting • Support commercial, service, office uses, and vertical mixed-use within redevelopment areas Generally appropriate zoning districts: Multi-family, townhouse, mixed-use, and limited suburban commercial zoning Page 411 of 512 40CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN MIXED RESIDENTIAL Areas appropriate for a mix of moderate density residential development including, townhomes, duplexes, small multi- family buildings (3-12 unit), and limited small-lot single family. These areas are appropriate for residential infill and redevelopment that allows original character to evolve. These areas may serve as buffers between more intense multi-family residential or mixed-use development and suburban residential or neighborhood conservation areas. Height: Varies (generally 2-3 stories) Mobility: Walking, bicycling, transit, automobile Intent • Accommodate a walkable pattern of small lots, small blocks, and well-connected street pattern • Accommodate streetscape features such as sidewalks, street trees, and lighting • Encourage community facilities, parks, and greenways within neighborhoods • 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 Generally appropriate zoning districts: Duplex, townhouse, middle housing, and limited-scale single-family Page 412 of 512 41CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN SUBURBAN RESIDENTIAL Primarily single-family residential areas that consist of low to moderate density single-family lots. These areas may also include limited townhomes, duplexes, other housing types, and some non-residential uses that are compatible with surrounding single-family areas. Development types tend to be highly consistent within a subdivision or neighborhood. Residential lot size requirements are larger within the Wellborn District and limited to single-family lots. Height: 1-2 stories Mobility: Primarily automobile, but accessible by walking, bicycling, and transit to surrounding neighborhood services and centers Intent • Accommodate streetscape features such as sidewalks, street trees, and lighting • Support neighborhoods with a mix of housing types • Encourage community facilities, parks, and greenways within neighborhoods • When establishing new residential areas or expanding existing developments, provide pedestrian and vehicular connectivity between adjacent developments Generally appropriate zoning districts: General and restricted suburban zoning. Within the Wellborn District, limited to Wellborn Restricted Suburban zoning. Page 413 of 512 42CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN ESTATE RESIDENTIAL Primarily single-family residential areas that have a low level of development activities. These areas are appropriate for very low-density residential lots of one-acre or greater lot sizes or average 20,000 square feet lots when clustered around open space. Residential lot size requirements are larger within the Wellborn District. Height: 1-2 stories Mobility: Primarily automobile Intent • Support a wide range of lot sizes, long blocks, and curvilinear streets. Buildings tend to be located greater than 30 feet from a fronting street. • When establishing new residential areas or expanding existing developments, provide pedestrian and vehicular connectivity between adjacent developments Generally appropriate zoning districts: Estate, rural, and manufactured home park zoning. Within the Wellborn District, limited to Wellborn Estate zoning. Page 414 of 512 43CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN NEIGHBORHOOD CONSERVATION Residential areas that are essentially “built-out” and are not likely to be the focus of extensive infill development or redevelopment. These areas often were platted before current development regulations were in place often resulting in nonconforming situations. These areas are appropriate for overlays or zoning classifications that provide additional character protection and address nonconforming issues. Height: 1-2 stories Mobility: Walking, bicycling, transit, automobile; on-street parking and private off-street parking Intent • Maintain the existing housing stock, lot patterns, and character of neighborhoods • Support infill housing that fits-in with neighboring homes (scale, placement, use, etc.) • Address nonconforming lot issues through flexible development regulations • Maintain established trees Generally appropriate zoning districts: General and restricted suburban, single-family overlays Page 415 of 512 44CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN TEXAS A&M UNIVERSITY Areas owned by Texas A&M University and are appropriate for campus development as described in the Texas A&M Campus Master Plan and related documents. INSTITUTIONAL/PUBLIC Areas that are, and are likely to remain, in some form of institutional or public activity. Examples include schools, libraries, municipal facilities, and major utilities. MEDICAL Areas appropriate for medically related uses and supporting office, commercial, and residential uses. The medical land use designation surrounding Rock Prairie and State Highway 6 is further detailed in the Medical District Master Plan, which envisions a wide array of medical and supporting services and activities concentrated in the district. This includes the two major hospitals in close proximity to residential neighborhoods, neighborhood centers, offices, and commercial uses. Height: Varies Mobility: Walking, bicycling, transit, automobile Generally appropriate zoning districts: Varies Page 416 of 512 45CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN PARKS & GREENWAYS Areas that are permanently protected from development. Such areas are preserved for their natural function or for parks, recreation, or greenways opportunities. These areas include, publicly owned open space, conservation easements, greenway trails, and public parks. NATURAL & OPEN AREAS This land use designation is generally for areas that represent a constraint to development and that should be conserved for their natural function or open space qualities. These areas include floodplains, riparian buffers, common areas, and open space. The boundaries of the Natural & Open Areas land use are illustrative, and the exact location of floodplains and other physical constraints are determined during the development process. Generally appropriate zoning districts Natural areas protected RURAL Areas that, due to public service limitations, inadequate public infrastructure, or a prevailing rural or agricultural character, should have very limited development activities. These areas will tend to include a mix of large acreages (ranches and farmsteads) and limited large-lot (two acre or larger) residential developments. Open space is the dominant feature of these areas. Height: Varies Mobility: Primarily automobile Generally appropriate zoning districts Rural and manufactured home park zoning Page 417 of 512 46CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Community Assets & Images Corridors The physical design and appearance of the built environment – what buildings, streets, and parks look like – contributes significantly to the character and identity of the City. This section identifies many of the community’s unique assets and provides general policy guidance regarding suburban and urban design, streets and streetscape design, public buildings and facilities, image corridors, and gateways. More specific and detailed guidance will be provided through subsequent neighborhood, district, and corridor plans, as well as master plans and other studies and plans adopted by the City Council. COMMUNITY ASSETS College Station has a number of existing assets (both natural and man-made) that contribute significantly to the character and identity of the City and, thus, are deserving of identification and worthy of policy guidance. Map 2.3, Community Assets & Image Corridors, visually portrays these assets which include natural features such as Carter Creek and Lick Creek, connections to the greater region such as Easterwood Airport, public facilities such as the Texas A&M University campus and Veterans Park, and various vistas and views. Care should be taken to protect each of these assets from encroachment by incompatible land uses and from insensitive development activities that would compromise their contribution to the area’s character and identity. IMAGE CORRIDORS Image corridors are delineated on Map 2.3, Community Assets & Image Corridors, reflecting their importance as routes that many residents and visitors travel and, along the way, form impressions of College Station. Several of these corridors serve as a link between districts, further reinforcing their importance. Identity and beautification elements, such as decorative markers and themed wayfinding signs, should be placed along these corridors. Additionally, landscaping and streetscape elements should be unified and significant along these corridors. These corridors also offer the opportunity for the placement of public art and other design elements. Primary image corridors include corridors that carry high volumes of traffic and move travelers through or along some of the City’s most significant assets. Examples include State Highway 6, Texas Avenue, and Wellborn Road (FM 2154). Secondary image corridors include corridors that tend to carry slightly less traffic volume and move travelers mainly through the community’s significant business or residential areas. Examples include Rock Prairie Road, Harvey Road (FM 30), and portions of University Drive (FM 60). Image corridors also offer an opportunity to support the City’s resource conservation objectives through the preservation of open space and other natural features along these key corridors. Where these corridors cross streams, go through forested areas, or offer attractive vistas, care should be taken in how bridges are constructed, banks are stabilized, stormwater is managed, trees are protected, and views are kept unobstructed to maximize the positive impressions gained by these assets. GATEWAYS A gateway serves as the symbolic entry point to an area, whether the City, a neighborhood, or a district. An effective gateway establishes an immediate positive impression that reinforces the character of an area and is visually harmonious with its surroundings. The key gateways into these areas need specific design elements and enhancements to create such an experience. For neighborhoods this may be in the form of landscaping or an entrance monument. For districts and corridors this may be in the form of landscaping, Page 418 of 512 47CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN streetscape, special lighting, signage, public art, or building design. Along the image corridors at key entry points to the City this may be in the form of landscaping, special signage, public art, or enhancements to bridges and overpasses. Each of the neighborhood area plans, district plans, and corridor plans should address the most effective means to enhance associated gateways. This section outlines the framework for the most appropriate manner to address the key gateways into and out of the City as a whole. This plan identifies three levels of gateways, each with its own specific purpose and related design focus. Early Image-Setting Gateways are locations where those approaching the community can first be engaged and experience College Station’s unique identity. These areas offer opportunities for tasteful signage and landscaping that are harmonious with the surrounding rural areas while announcing one’s pending arrival into College Station. Examples of appropriate locations for such enhancements are the intersection of University Drive/Raymond Stotzer Parkway (FM 60) and Wellborn Road (FM 2154), the FM 60 crossing of the Brazos River, and the intersection of State Highway 47 and Raymond Stotzer Parkway (FM 60). Secondary Welcoming Gateways are locations where community identity and themes can be reinforced through more substantial enhancements. These may include significant monument signage, substantial areas of landscaping and tree planting, and flags. Generally, these are located within the city limits but prior to arrival in the core of the City itself. Examples of appropriate locations for such enhancements are the Rock Prairie Road interchange with State Highway 6, the intersection of George Bush Drive and Harvey Mitchell Parkway (FM 2818), and the city limits at South College Avenue. Primary Arrival Gateways are locations where the most substantial enhancements should be installed. These may include significant monument signage, substantial areas of landscaping and tree planting, fountains, lighted icons, and large-scale art. Examples of appropriate locations for such enhancements are the intersection of Texas Avenue and State Highway 6, the University Drive/Raymond Stotzer Parkway (FM 60) interchange with Harvey Mitchell Parkway (FM 2818), and the intersection of Texas Avenue and University Drive (FM 60). For these gateways to succeed, it is essential that common elements be used throughout each of the three levels. Further, enhancements should be focused and sized properly to have the intended impact. Enhancements dispersed over a wide area, lacking common elements, and sized inappropriately will have less of an impact and will miss a critical opportunity to reinforce the character and identity of College Station. Page 419 of 512 M AP 2.3 GEORGE BUSH DRGEORGE BUSH DRGEORGE BUSH DRG3 G3 G3 G3 G3 G2 G2 G2 G2 G2 G2 G2 G2 G2G2 G1 G1 G1 G1 G1 G1 A&M Campus Vista A&M Vista Open Vista (A&M Land) at FM 60 and Brazos River View From High Point Open Space Views at SH 6 and FM 2154 WO LFWOLFWOLF PE NPENPEN CRECRECREEEEKKK BEEBEEBEE CREEKCREEKCREEK SPRINGSPRINGSPRINGCR EE KCREEKCREEK LICK LIC K LICK CREEK CREEK CREEK CARTER CARTER CARTER CREEK CREEK CREEK CA RTER CA RTER CA RTER CR EE K CR EE K CR EE K G2 New Memorial Cemetery and Aggie Field of Honor Easterwood Airport Te xas A&M University Campus BRAZOS R IVE RBRAZOS R IVER NAVASOTANAVASOTANAVASOTARIVERRIVERRIVERTE XA S AV E S TE XA S AV E S TE XA S AV E S WE L L BO RN RDWE L L BO RN RDWE L L BO RN RD FM 2818FM 2818FM 2818FM 2154FM 2154FM 2154WILLIAM D. FI TC H PKWYWILLIAM D. FI TC H PKWYWILLIAM D. FI TC H PKWY SH 4 7 SH 47 SH 4 7 RAYMOND ST OT ZER PKRAYM O ND ST OT ZER PKRAYMOND ST OT ZER PKWY ROCKROCKROCK PRAIRIEPRAIRIEPRAIRIE RDRDRD S H 6 S S H 6 S S H 6 S SH 6 SSH 6 SSH 6 SHARVEY RDHARVEY RDHARVEY RDKEY IMAGE / DESIGN INTERSECTION G1 PRIMARY ARRIVAL GATEWAY G2 SECONDA RY WELCOMING GATEWAY G3 EARLY IMAGE-SE TTING GATEWAY PUBLIC ART LOCATION PRIMARY IMAGE CORRIDOR SECONDA RY IMAGE CORRIDOR Community Assets & Image Corridors CITY LIMITS 5 MILE EXTRAT ERRITORIAL JURISDICTION (ETJ ) EXISTING UNIQUE COMMUNITY ASSET AREA EMERGING / POTENTIAL UNIQUE COMMUNIT Y ASSE T AREA FLOODPLAIN Page 420 of 512 49CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN Strategic & Ongoing Actions The actions listed below designed to achieve the City’s goal of vibrant and distinct districts, attractive neighborhoods, revitalized gateways and corridors, and conserved natural areas, grounded in environmental stewardship and resiliency. STRATEGIC ACTIONS 2.1 Review and undertake amendments to the Unified Development Ordinance’s zoning districts. Consider amendments necessary to implement the Future Land Use & Character categories and definitions. 2.2 Prioritize and undertake detailed plans for priority neighborhoods, districts, corridors, or redevelopment areas. The City should commit to proactively planning for a limited set of target areas, as specified in Map 2.1, Planning Areas. 2.3 Creative incentives and programs to revitalize existing areas and established neighborhoods. This could include façade or landscaping improvement programs or rehabilitation initiatives. New programs should align with and complement existing City efforts through the Neighborhood Partnership Program, Neighborhood Grant Program, and proposed property maintenance programming. 2.4 Evaluate existing policies and create incentives for low impact and sustainable development. Encourage policies and regulations that incentivize sustainable practices such as energy reduction, renewable energy, water conservation, protection of natural resources, use of native and adapted vegetation, adaptive reuse, waste minimization, and stormwater management. 2.5 Pursue feasibility of a tree preservation and/or tree planting incentive program. This could involve regulatory changes, incentives to preserve existing trees (especially large canopy trees) in new development and redevelopment projects, requiring replacement of trees that are destroyed or removed, proactive efforts by the City such as planting trees and installing landscaping along major road corridors and gateways, or a program where the City or a partner agency provides trees at reduced cost. 2.6 Create additional incentives for conservation design and evaluate the effectiveness of cluster development standards in the Unified Development Ordinance. Common incentives include density bonuses where a project may be permitted a greater total density in exchange for preservation of common open space areas. 2.7 Integrate parks, greenways, and community facilities within new neighborhoods. Ensure that parks, greenways, and other types of open spaces are integrated into the design of new neighborhoods and that appropriate connections are made to existing facilities. Also consider opportunities and partnerships to locate civic uses (such as recreation centers, schools, libraries) within new neighborhoods or redevelopment areas. Page 421 of 512 50CSTX.GOV | COLLEGE STATION COMPREHENSIVE PLAN ONGOING ACTIONS AND POLICY DIRECTION 2.8 Evaluate and update development standards in the Unified Development Ordinance. Evaluate the effectiveness of development standards such as mobility and connectivity, off-street parking, building form and design, landscaping and buffers, exterior lighting, or other applicable standards to achieve desired design form and quality. 2.9 Develop or refine incentives to promote high quality design. Such incentives may include regulatory (flexible standards, density bonuses), procedural, cost-sharing agreements, and tax incentives, among others. Incentives could be targeted to specific geographies or types of development (such as mixed-use or commercial). 2.10 Encourage parking alternatives to support redevelopment opportunities. Use regulatory or other incentives to encourage residential, commercial, and mixed development models in the City’s targeted Redevelopment Areas that integrate structured parking, reduced parking requirements, or shared parking agreements to enable more productive use of the overall site in place of extensive surface parking. 2.11 Continue to initiate proactive zoning map updates. Amend the zoning map in strategic areas to encourage transitions to the desired community character and help implement the Future Land Use & Character Map. Proactive zoning map changes may also encourage redevelopment in targeted areas. 2.12 Continue beautification programs. Maintain and consider opportunities to expand beautification partnerships with Keep Brazos Beautiful and other organizations. Page 422 of 512 ORDINANCE NO. ___________ EXHIBIT D That the “Official City of College Station Comprehensive Plan” is hereby amended by amending Map 6.3. Functional Classification & Context Class as follows: Page 423 of 512 M AP 6.3 Functional Classification & Context Class UNIVERSITY DRUNIVERSITY DRGEORGE BUSH DRGEORGE BUSH DRSOUTH WEST SOUTH WEST PKWYPKWYFM 2818FM 2818 TE X A S A V E S TE X A S A V E S F M 2 1 5 4 F M 2 1 5 4 SH 6 S SH 6 SHARVEY RDHARVEY RDGRAHAM RDGRAHAM RDBARRON RDBARRON RDHOLLEMAN DR SHOLLEMAN DR S S H 6 S S H 6 SWILLIAM D. FITCH PKWYWILLIAM D. FITCH PKWYROCKROCK PRAIRIEPRAIRIE RDRD GREENS PRAIRIE RDGREENS PRAIRIE RDHWY 30 FM 2 1 5 4 FM 2 1 5 4FM 60FM 60MINOR COLLECTOR MAJOR COLLECTOR MINOR ARTERIAL 4 LANE MAJOR ARTERIAL 6 LANE MAJOR ARTERIAL FREEWAY/EXPRESSWAY GRADE SEPARATION THOROUGHFARE PLAN URBAN CORE GENERAL URBAN SUBURBAN RURAL CONTEXT ZONES CITY LIMITS ETJ BRYANBRYAN Page 424 of 512 ORDINANCE NO. ___________ EXHIBIT E That the “Official City of College Station Comprehensive Plan” is hereby amended by amending Map 5.4 Proposed Bicycle Facilities within the Bicycle, Pedestrian, and Greenways Master Plan as follows: Page 425 of 512 BRYAN TEXASAVSGEORGEBUSHDRTEXAS AV WE L L B O R N R DUNIVERSITY DRHARVEYMITCHELLPWSVICTORIA AV E29THST W ELSHAV W I LL IA M D F ITC H P WLINCOLN AVHOLLEMANDRUNIVERSITYDREBOONVILLE RD SOUTHWESTPW N HARVEY MITCHELL PW STEXASAV BARRONRDHARVEYRDEVILLAMARIARDWVILLAMARIARDFM 2154TARROW ST HOLLEM A N DRECAVITT A V ANDERSONST HOLLEMANDRWLEONARD RDDARTMOUTH S TGROESBECKSTE A R L R U D D E R F WSBRIARCREST DRS C O LL E G E A V RAYMONDSTOTZERPWW SH 21 N E A R L R U D D E R F W GEORGEBUSHDRWFINFEATHERRDROCK PRAIRIERD C A P S T O N E D R SH 6 SGREENS PRAIRIE RDFM 2154HARV E Y MITCHELL P W S RIVERSIDE P W S H 6 S SH 3 0 FM158 SH 6 S WILLIAM D FITCH PWRIVERSIDEPW RAYMONDSTOTZERPWMAP 2.6 Proposed Bicycle FacilitiesMAP 5.4 G ULF STATES UTILITIES EA SE M E NT Multi-use Path Proposed Grade Separation Existing Grade Separation Funded Grade Separation Proposed Brazos County College Station City Limits Easterwood Airport CSISD Property Texas A&M University Property College Station Parks College Station Greenway CSISD Schools Brazos Streets Bike Route Proposed Bike Route Existing Bike Lane Funded Bike Lane Existing 0 10.5 Miles Bike Facility Proposed Multi-use Path Existing Multi-use Path Funded College Station ETJ Page 426 of 512 ORDINANCE NO. ___________ EXHIBIT F That the “Official City of College Station Comprehensive Plan” is hereby amended by amending Map 5.5 Proposed Pedestrian Facilities within the Bicycle, Pedestrian, and Greenways Master Plan as follows: Page 427 of 512 BRYAN G ULF STATES UTILITIES EASE M E NT TEXASAVSGEORGEBUSHDRTEXAS AV WE L L B O R N R DUNIVERSITY DRHARVEYMITCHELLPWSVICTORIA AV E 29 THSTW ELSHAV W I L L IA MDFITCHPWLINCOLN AVHOLLEMANDRUNIVERSITYDREBOONVILLE RD SOUTHWESTPW N HARVEY MITCHELL PW S TEXASAV BARRONRDHARVEYRDWVILLAMARIARDTARROWSTHOLLEM A N DRECAVITT A V ANDERSONST HOLLEMANDRWLEONARD RDDARTMO U T H S TSOUTHWEST PW EEVILLAMARIARDE A R L R U D D E R F WSGROESBECKSTFM 2154 S C O LL E G E A V RAYMONDSTOTZERPWW SH 21N E A R L R U D D E R F W GEORGEBUSHDRWFINFEATHERRDROCK PRAIRIERD C A P S T O N E D R SH 6 SGREENS PRAIRIE RDFM 2154HAR V EY MITCHELL P W S RIVERSIDE PW S H 6 S SH 3 0 FM158 SH 6 S WILLIAM D FITCH PWRAYMONDSTOTZERPWProposed Pedestrian FacilitiesMAP 5.5 Sidewalk Existing Sidewalk Funded Sidewalk Proposed Multi-use Path Proposed Grade Separation Existing Grade Separation Funded Grade Separation Proposed Brazos County College Station City Lim it Texas A&M University Property Easterwood Airport CSISD Property College Station Parks College Station Greenway CSISD Schools Brazos Streets 0 10.5 Miles College Station ETJ Multi-use Path Existing Multi-use Path Funded Page 428 of 512 October 12, 2023 Item No. 8.2. 1106 Carolina - Acquisition, Demolition, and Construction funding agreements with Elder Aid Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement with Elder Aid, Inc. in the amount of $85,000 for the acquisition of 1106 Carolina and a HOME Investment Partnership Program Community Housing Development Organization funding agreement with Elder Aid, Inc. in the amount of $159,475 for the demolition of a dilapidated structure and construction of a single-family house on the lot at 1106 Carolina to be used as an affordable rental unit for an income-eligible elderly household. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends consideration of approval of two funding agreements. Summary: The 2020 - 2024 adopted Community Development Consolidated Plan and the 2024 Annual Action Plan identified the need to work with partners for the development of affordable housing for both homeowners and renters. Elder Aid is the only certified Community Housing Development Organization working in the City of College Station to create new affordable housing opportunities. Elder Aid works to minimize the stress of the elderly as they cope with affordable housing, health and wellness, inadequate funding for basic needs, loneliness, disabilities, and the loss of loved ones. Their mission is to ensure that the elderly in the Brazos Valley remain independent and in the community for as long as possible. These two funding agreements total $244,475 and will allow Elder Aid to acquire the property at 1106 Carolina, demolish an existing substandard structure, and construct a new single-family home to meet the needs of a low-income, elderly household. Elder Aid will utilize $40,000 of agency funds to support the acquisition of this property. The property will be maintained by Elder Aid for 20 years as an affordable rental unit and a Land Use Restriction Agreement will be utilized as the legal mechanism to ensure the affordability period. Elder Aid has partnered with the City of College Station since 2015 and has received $2,515,518 to purchase 11 duplexes in College Station that created 22 affordable rental units for low-income elderly households. Elder Aid has successfully utilized the new construction model with funding from the City of Bryan through Community Development funds for many years. Budget & Financial Summary: Funds in the amount of $244,475 are available and allocated in the FY24 Community Development budget. Attachments: 1. Location Map 1106 Carolina 2. 1106 Carolina CDBG Contract Agreement 3. 1106 Carolina HOME CHDO Contract Agreement Page 429 of 512 C A R O LIN A S T R E E T ALABAMA STREETO N E Y H E R V E Y D RIV E HOLLEMAN DRIVED E T R OIT S T R E E T FAIRVIEW AVENUE A RIZ O N A ST R EET ELEANOR STREET WELSH AVENUETHOMPSON STREETP H O E NIX S T R E E T G E O R GIA S T R E E TEDWARD STREETLe gend 110 6 C a ro lina Street BC AD P lots 1106 Car o lina Locat io n Map µ 1106 C ar olina Page 430 of 512 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 431 of 512 Contract Number: ______________ CDBG Funding Agreement Form CITY OF COLLEGE STATION COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT This Agreement is by and between the CITY OF COLLEGE STATION, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (hereinafter referred to as the "City"), and ________________________________________________, a private non- profit agency (hereinafter referred to as “Agency”). WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the City wishes to engage Agency in utilizing such funds; and WHEREAS, the City desires to assist Agency in the acquisition, rehabilitation, or new construction of housing unit(s) for the purpose of providing affordable rental unit(s) for income eligible tenants through funds provided by the Community Development Block Grant (hereinafter referred to as “CDBG”) program administered by the U.S. Department of Housing and Urban Development (hereinafter referred to as “HUD”) (Federal Award Identification __________________________ and Federal Award Date ______________________); and NOW, THEREFORE, FOR AND IN CONSIDERATION of funding in an amount not to exceed ___________________________________________________________________ and ____/100 DOLLARS ($___________) to be paid to Agency by the City as set forth herein below, the City and Agency covenant and agree as follows: ARTICLE I STATEMENT OF WORK 1.01 Agency will provide _______________________________________________________ ____________________________________________________________________ (“Project”). Agency shall provide services as specified in the Detailed Statement of Work attached as Exhibit A. Agency shall provide such services utilizing CDBG funds as specified in the Budget attached as Exhibit B. ARTICLE II PAYMENT 2.01 During the City’s Fiscal Year Budget _________________, City shall reimburse Agency, in an amount not to exceed _____________________________________________________ and ____/100 DOLLARS ($_________________), for services or expenditures as referenced in Article I of this Agreement. 2.03.No funds will be reimbursed until City receives the Reimbursement Request Form along with all required receipts, bills, payroll records, canceled checks and other proofs of expenditures, Page 432 of 512 Contract Number: ______________ CDBG Funding Agreement Form as determined by City, in its sole discretion. Agency may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount of money needed to pay eligible costs actually incurred, and may not include amounts for prospective or future needs. Unexpended funds may be reallocated. Unexpended funds will remain in the possession of City. 2.04.This Agreement and the payments made herein, are contingent upon receipt by City of U.S. Department of Housing and Urban Development Community Development Block Grant funds and the City of College Station City Council funding approval. Should funds be unavailable, discontinued or disapproved, this Agreement may be revised or terminated as determined by the HUD or the City, in their sole discretion. 2.05.The City retains the right, in its sole discretion, to recapture and seek full reimbursement from Agency for any funds used for prohibited activities, prohibited purposes, or usages of funds which cause a breach of this Agreement. ARTICLE III TERM 3.01 The term of this Agreement shall commence on ________________________ and the Project shall be completed by ____________________________, or until the date in which funds awarded by the City are completely expended by Agency, unless the Agreement is terminated as provided for herein. This Agreement will remain valid throughout the “Period of Affordability”, which will be _____________________ (____) years. 3.02 Agency agrees to impose restrictive covenants on property funded through this Agreement, in the form of a Land Use Restriction Agreement (“LURA”). The LURA will be in a form approved by the City and will continue for the duration of the Period of Affordability. 3.03 The term of this Agreement may be extended by mutual agreement of the parties, in writing, provided that the City has approved and budgeted sufficient funds from the current budget year to satisfy any additional expenditures that result from such extension. ARTICLE IV BENEFICIARY POPULATIONS 4.01 Direct services provided through programs supported by CDBG shall target residents of College Station and Bryan whose annual family income is at or below 80% of the median family income for the College Station Metropolitan Statistical Areaas established by the U.S. Department of Housing and Urban Development Income Limits attached as Exhibit E. All of the clients served through this program must be determined to be at or below 80% of the median family income. 4.02 Annually or as tenant occupancy changes, whichever occurs earlier, the Agency will submit to the City a copy of the lease and proof of income of the tenants occupying the units. This information will be submitted for the duration of the affordability period as noted in the Land Use Restriction Agreement. Page 433 of 512 Contract Number: ______________ CDBG Funding Agreement Form 0 4.03 Agency agrees not to prohibit a Section 8 tenant from occupying a funded unit. Agency is not prohibited from conducting a background check on credit history or criminal history. ARTICLE V VERIFICATION OF INCOME 5.01 Verification of income will be pursuant to 24CFR 5.609 .Agency shall document income verification for low-income beneficiaries receiving assistance through programs supported by CDBG funds and may use the following documents for verification: (a)W-2 Forms. (b)1040 Forms. (c)Pay check stubs. 5.02 In lieu of the above documents, Agency may substitute: (a)Documentation of client participation in other programs of public assistance including Temporary Assistance for Needy Families Program (TANF), Supplemental Security Income (SSI), Food Stamps, Low-Income Energy Assistance, Title XX General Assistance, Public Housing, Section 8 Rental Assistance, Job Training Partnership Act (JTPA) or similar income tested programs having the income qualification criteria at least as restrictive as that used under the Section 8 low-income limit established by HUD; (b)Evidence that the assisted person is homeless; or (c)A notice that the assisted person is a referral from a state, county or local employment agency or other entity that agrees to refer individuals it determines to be low and moderate-income persons based on HUD’s criteria and agrees to maintain documentation supporting these determinations. 5.03 Recipients of services designed to meet critical emergency needs such as, assistance to abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workersdo not need to meet an income test. ARTICLE VI PROGRAM INCOME 6.01 Agency shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Agency shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, Agency may use such income during the term of this Agreement for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the City at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the City. Page 434 of 512 Contract Number: ______________ CDBG Funding Agreement Form ARTICLE VII RECORDS AND REPORTS 7.01 Agency shall maintain fiscal records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other mutually agreed upon documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to HUD and the City’s accounting practices. Said documentation and accounting principles shall comply with 2 CFR 200, including the utilization of adequate internal controls. 7.02 Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of four (4) years beginningwith the submission of the Consolidated Annual Performance and Evaluation Report for the fiscal year ____________________. City and HUD’s right to access Agency’s files shall continue during this period and for as long as the records are retained past the minimum four (4) year period by Agency. 7.03 Agency shall provide the City and HUD representative reasonable access during regular business hours to any financial records, client records, administrative reports, board documentation, files or other papers belonging to or in use by Agency. 7.04 Agency shall submit activity reports to the City on an annual basis. The format of such reports shall be prescribed by the City. Annual reports will be due no later than October 30 th of each year during the term of this Agreement. Failure to provide timely and complete reports may result in forfeiture of funds or termination of this Agreement pursuant to Article VIII herein. 7.05 The City reserves the right to carry out regular and periodic field inspections to ensure compliance with the requirements of this Agreement. After each monitoring visit, City shall provide Agency with a written report of the monitor’s findings. If the monitoring reports note deficiencies in Agency’s performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Agency. Failure by Agency to take action specified in the monitoring report may be cause for suspension or termination of this Agreement as provided in Article VIII of this Agreement. In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed by the Parties hereto that if Agency fails to promptly submit to City any report required by this Agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Agency hereunder. If City withholds such payments, it shall notify Agency in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by City until such time as Agency fully cures or performs any and all delinquent obligations which are identified as the reason funds are withheld Page 435 of 512 Contract Number: ______________ CDBG Funding Agreement Form ARTICLE VIII AGREEMENT SUSPENSION/TERMINATION 8.01 The City has the right to terminate this Agreement, in whole or in part, at any time if the City determines that Agency has failed to comply with any part of this Agreement or if funds are unavailable, discontinued or disapproved, as determined by the City or HUD, at their sole discretion. In addition, the City has the right, in its sole discretion, to terminate this Agreement if it determines that the information contained in its application for CDBG funding was materially incorrect, if the City determines that Agency is not delivering the services approved in its application for CDBG funding, if Agency fails to file the reports required under Article VII of this Agreement, or if Agency fails to fulfill any other obligations required under this Agreement. 8.02 The City retains the right to terminate this Agreement, in whole or in part, at any time, for convenience. 8.03 The City shall notify Agency, in writing, thirty (30) days prior to the date of termination. The notice shall include the reason for termination and the effective date of termination. 8.04 If this Agreement is terminated for any of the reasons referenced in Section 8.01 hereinabove, excluding funding discontinuance or disapproval, Agency shall have the right to attempt to cure its failure, during the thirty (30) day period prior to termination to the satisfaction of the City at the City’s sole discretion. The City retains the right to terminate this Agreement, in whole or in part, at any time, for convenience. 8.05 Either party to this Agreement has the right to terminate this Agreement, in whole or in part, upon the mutual written agreement of the parties that the continuation of the activities funded under this Agreement would not produce beneficial results commensurate with the further expenditure of funds. ARTICLE IX REVERSION OF ASSETS 9.01 Upon the expiration of the term of this Agreement, the Agency shall transfer to City any CDBG Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Grant funds. Any real property under Agency’s control that was acquired or improved in whole or in part with Grant funds in excess of $25,000 shall: (a)be used to meet one of the national objectives of the Federal CDBG until five (5) years after expiration of this Agreement, or for such a longer period of time as determined to be appropriate by the City; or Page 436 of 512 Contract Number: ______________ CDBG Funding Agreement Form (b)be disposed of in a manner which results in City being reimbursed in the amount of the fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such reimbursement is not required after the period of time specified above. ARTICLE X ADMINISTRATIVE REQUIREMENTS 10.01 City and Agency agree to perform their duties in relation to this Agreement in compliance with all applicable HUD regulations. 10.02 Agency shall administer this Agreement in compliance with U.S. Department of Housing and Urban Development applicable Uniform Administrative Requirements, 2 CFR 200 as modified by 24 CFR 570.502. 10.03 Non-federal entities that receive at least seven hundred fifty thousand dollars ($750,000) a year in Federal Awards shall have an audit made in accordance with the requirements set forth in 2 CFR 200.501. If applicable, Agency will provide a financial audit within three (3) months of the ending of their fiscal year covered by this Agreement. ARTICLE XI CIVIL RIGHTS COMPLIANCE 11.01 Agency hereby agrees and binds itself that no person shall, on the ground of race, color, national origin, religion, sex, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, such as is provided under this Agreement, in compliance with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11.02 Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, reprisal or disability be discriminated against in any phase of employment during the performance of this Agreement. Further, Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. Agency agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the Housing and Community Development Act are still applicable. Page 437 of 512 Contract Number: ______________ CDBG Funding Agreement Form 11.03 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, Agency shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. Agency, in undertaking its obligation to carry out the Program, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 11.04 Agency agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. The City shall provide Agency with any guidelines necessary for compliance with that portion of the regulations in force during the time of this Agreement. ARTICLE XII ENVIRONMENTAL REQUIREMENTS 12.01 Agency understands and agrees that by the execution of this Agreement, City shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to City in accordance with and to the extent specified in 24 CFR 58. In accordance with 24 CFR 58.77(b), Agency further understands and agrees that City shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. 12.02 City shall prepare and maintain a written Environmental Review Record for this project in accordance with 24 CFR 58 to ensure compliance with the National Environmental Policy Act (NEPA). Agency must also maintain a copy of the Environmental Review Record in Agency's project file. City shall document its compliance with such other requirements in its environmental review file. ARTICLE XIII EMPLOYMENT AND CONTRACTING OPPORTUNITIES 13.01 In accordance with Executive Order 11246, as amended and the regulations issued pursuant thereto, Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, reprisal or disability be discriminated against in any phase of employment during the performance of this Agreement. Further, Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. 13.02 In accordance with Section 3 of the Housing and Urban Development Act of 1968, Agency agrees that, to the greatest extent feasible, opportunities for training and employment will be given to low and moderate income persons residing within the City of College Station, and, to the greatest Page 438 of 512 Contract Number: ______________ CDBG Funding Agreement Form extent feasible, contracts for work in connection with the project will be awarded to eligible business concerns which are located in or owned by persons residing in the City of College Station. 13.03 Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. Agency may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 13.04 Agency is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 13.05 Agency agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Agency agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. Agency shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. Agency agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Agency of its obligation, if any, to require payment of the higher wage. Agency shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 13.06 “Section 3” Clause - Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the City, Agency and any of the Agency’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, Agency and any of Agency’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Agency certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. Page 439 of 512 Contract Number: ______________ CDBG Funding Agreement Form Agency further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the city in which the project is located.” Agency further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Agency certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Agency agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Agency will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Agency will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 13.07 Subcontracts - Agency shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such agreement. Agency will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Agency shall cause all of the provisions of this Agreement in its entirety to be included in and Page 440 of 512 Contract Number: ______________ CDBG Funding Agreement Form made a part of any subcontract executed in the performance of this Agreement. Agency shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. 13.08 Hatch Act - Agency agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of 5 U.S.C Pt. II, Ch. 15 13.09 Lobbying – Agency hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C §1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE XIV ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES ACT 14.01 In accordance with the Architectural Barriers Act of 1968, 42 U.S.C. §§ 4151-4157, Agency agrees to abide by laws and regulations requiring certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered. Page 441 of 512 Contract Number: ______________ CDBG Funding Agreement Form 14.02 In accordance with standards that ensure accessibility to, and use by, persons with physical disabilities. A building or facility designed, constructed, or altered with funds allocated or reallocated, and that meets the definition of "residential structure" as defined in 24 CFR 40.2 is subject to the requirements of this Act and shall comply with the Uniform Federal Accessibility Standards. 14.03 In accordance with the Americans with Disabilities Act 42 U.S.C. §12131; 47 U.S.C. §§ 155, 201, 218 and 225 (ADA), the Agency agrees to comply with the provision of comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable. ARTICLE XV USE OF DEBARRED, SUSPENDED, INELIGIBLE CONTRACTORS OR SUBRECIPIENTS 15.01 Agency agrees and binds itself that it has not and will not directly or indirectly employ, award contracts to, or otherwise engage the services of any contractor or other subrecipient of CDBG monies during any period of that agency's or subrecipient's debarment, suspension, or placement in ineligible status under the provisions of 2 CFR 200.214. ARTICLE XVI CONFLICT OF INTEREST 16.01 Agency agrees to abide by the provisions of 2 CFR 200 and 24 CFR 570.611, which include maintaining a written code or standards of conduct governing the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds 16.02 Agency certifies that no employee, agent, consultant, officer, elected or appointed official of the Agency who exercises or has exercised any functions or responsibilities with respect to CDBG activities or who is in a position to participate in a decision-making process or gain inside information with regard to such activities has or will have any personal or financial interest or benefit to obtain from this Agreement and the CDBG-assisted activity, nor any interest in any contract, subcontract or Agreement with respect thereto, or the proceeds thereunder, either for the official or those with whom they have family or business ties, either during the official’s tenure or for one year after completion of the Agreement term. ARTICLE XVII WHERE AGENCY IS A RELIGIOUS ENTITY 17.01 Where Agency is a religious entity, Agency certifies that all CDBG funds shall be used wholly for secular purposes. Agency agrees and binds itself that it will not discriminate against any person applying for such public services on the basis of religion and will not limit such services Page 442 of 512 Contract Number: ______________ CDBG Funding Agreement Form or give preference to persons on the basis of religion. Agency agrees and binds itself that it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of public services funded by this Agreement. ARTICLE XVIII RELOCATION, REAL PROPERTY ACQUISISTION AND ONE-FOR-ONE HOUSING REPLACEMENT 18.01 Agency agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. Agency shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. Agency also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE XIX INDEMNIFICATION AND RELEASE 19.01 Agency agrees to indemnify and hold harmless the City, its officers, agents, volunteers, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 19.02 Agency assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, volunteers, and, employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Agency’s work or services provided hereunder whether or not said claims, demands, or causes of actions are covered in whole or part by insurance. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE XX INSURANCE 19.01 General. The Agency shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property Page 443 of 512 Contract Number: ______________ CDBG Funding Agreement Form that may arise from or in connection with the performance of the services performed by the Agency, its agents, representatives, volunteers, employees, or subcontractors. 19.02 The Agency’s insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are as set forth below. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. During the term of this Agreement the Agency’s insurance policies shall meet the minimum requirements of this section: 19.03 Types. Agency shall have the following types of insurance: (a)Commercial General Liability. (b)Business Automobile Liability. (c)Workers' Compensation/Employer’s Liability. 19.04 General Requirements Applicable to All Policies. The following General requirements to all policies shall apply: (a)Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b)Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-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)Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d)The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. (e)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. 19.05 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 naming 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. Page 444 of 512 Contract Number: ______________ CDBG Funding Agreement Form 0 (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 individual exclusions being submitted for the City’s review and acceptance. (e)The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 19.06 Business Automobile Liability.The following Business Automobile Liability requirements shall apply: (a)Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” 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 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. 19.07 Workers’ Compensation/Employer’s Liability Insurance.Workers’ Compensation/Employer’s Liability insurance shall include the following terms: (a)Employer’s Liability minimum limits of liability not less than $500,000 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. (c)TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. ARTICLE XXI GENERAL PROVISIONS 20.01 The parties to this Agreement agree and understand that Agency is an independent contractor and not an agent or representative of the City and that the obligation to compensate its employees and personnel furnished or used by Agency to provide the services specified in Article Page 445 of 512 Contract Number: ______________ CDBG Funding Agreement Form 0 I shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. 20.02 The City’s Community Services Department shall provide “technical” assistance to Agency as requested and as mutually agreed upon in the performance of Agency’s duties under this Agreement. “Technical” assistance is described as including, but not limited tostaff assistance to ensure compliance to CDBG regulations and to ensure that proper accountability and program delivery results are achieved; and providing orientation to Agency staff and board members regarding CDBG regulations and procedures. The provision of “technical” assistance is dependent on time constraints and priorities of the Community Services Department staff, at City’s sole discretion. City shall have no liability to Agency or any third party in providing any “technical” assistance. 20.03 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 20.04 This Agreement has been made under and shall be governed by the laws of the State of Texas. 20.05 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20.06 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 20.07 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 20.08 The parties acknowledge that they have read, understand, and intent to be bound by terms and conditions of this Agreement. 20.09 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 20.10 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 20.11 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. Page 446 of 512 Contract Number: ______________ CDBG Funding Agreement Form 20.12 Prioritization. Agency 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 Agency to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Agency. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Agency shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 20.13 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 20.14 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as named herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. Agency:Attn: ______________________ ___________________________ ___________________________ ___________________________ City:Attn: _____________________ Community Services Department City of College Station 1101 Texas Ave. P.O. Box 9960 College Station, Texas 77842 20.15 To the extent applicable, this Agreement is subject to the following: (a)Boycott Israel. If this Agreement is for goods and services subject to § 2270.002 Texas Government Code, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b)Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Page 447 of 512 Contract Number: ______________ CDBG Funding Agreement Form (c)Boycott Energy Companies. Subject to § 2274.002 Texas Government Code, Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. Page 448 of 512 Contract Number: ______________ CDBG Funding Agreement Form List of Exhibits A Statement of Work B Budget C Certificates of Insurance D Reimbursement Request E HUD Income Limits F Project Compliance Report CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: _______________________________ Title: Date: _______________________________ APPROVED: City Attorney Date: _________________ Assistant City Manager / CFO Date: _________________ Page 449 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT A DETAILED STATEMENT OF WORK Page 450 of 512 Contract Number: ______________ CDBG Funding Agreement Form Page 451 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT B BUDGET Agency: SOURCES OF FUNDS: Maximum Proceeds of grant under the Agreement USES OF FUNDS: Page 452 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT C CERTIFICATES OF INSURANCE Page 453 of 512 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/6/2023 (979) 776-4740 (979) 776-4745 17370 Elder-Aid, Inc. 307 S Main St, Suite 202 Bryan, TX 77803-6949 31054 22945 21113 19038 A 1,000,000 X X NN1475001 11/2/2022 11/2/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B BO-5678342 1/13/2023 1/13/2024 C X 0001220341 3/10/2023 3/10/2024 1,000,000 Y 1,000,000 1,000,000 D Accident US1674586 1/13/2023 Benefit Amt 15,000 E Surety 106406989 11/5/2022 11/5/2025 1,000,000 City of College Station 1101 Texas Avenue College Station, TX 77840 ELDEINC-01 HLAPP Jones & Associates Inc. 1580 Copperfield Pkwy College Station, TX 77845 Nautilus Insurance Company Hochheim Prairie Farm Mutual Ins. Texas Mutual Workers' Compensation Ins United States Fire Insurance Co Travelers Casualty & Surety Co X 1/13/2024 X X X X X Page 454 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT D REIMBURSEMENT REQUEST FORM COMMUNITY SERVICES DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSEMENT REQUEST FORM _________________ AGENCY: CONTRACT EXPENSES: BUDGETED CURRENT REQUEST YEAR TO DATE REQUESTED $ $ $ (INVOICES OR ACCEPTABLE ALTERNATIVE DOCUMENTATION MUST BE SUBMITTED) TOTAL $ $ $ REIMBURSEMENT REQUEST $ EXPENSES FOR THE PERIOD OF: AMOUNT REMAINING IN CDBG CONTRACT $ I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date Page 455 of 512 Contract Number: ______________ CDBG Funding Agreement Form Agency’s Certification and Reimbursement Request Form Agency Name Contract # Program Name Name of Agency Contact Agency’s Address I. Agency’s Certification and Reimbursement Request I hereby certify: The information presented on this form is true and complete to the best of my knowledge; All programs and services have been executed in accordance with the terms and requirements of the contract; All expenses for which payment is being requested herein were incurred by the above-referenced program(s); All approved Board minutes and agendas have been received by the Community Services Department; A signed and dated Client Report, Narrative Report, and Fund-Raising Report have been received by the Community Services Department; All supporting documentation to substantiate this request has been received by the Community Services Department. The agency is in full compliance with the terms and conditions of the above referenced contract. I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date II. Monitor’s Certification I have reviewed the documents submitted for the _____ quarter by the above-referenced agency and agree that all services and expenditures have been satisfactorily completed in accordance with all applicable requirements and terms of the above referenced contract number. I hereby approve payment to the agency in the amount of $________. ____________________________________________________ ______________________ Signature of Monitor Date III. Director of Community Services’ Certification I hereby approve payment to the agency in the amount of $_________. ____________________________________________________ _______________________ Signature of Director of Community Services Date Page 456 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT E HUD INCOME LIMITS 2023 MEDIAN INCOME LIMITS City of College Station Community Services This list supersedes all other lists of prior dates. The left column (Household) refers to the number of people in the home. The highlighted column (80%) refers to your maximum income allowed per year by HUD guidelines. Source: https://www.huduser.gov/portal/datasets/il.html#2023 Household 30% 50%80% 1 $16,900 $28,150 $45,050 2 $19,720 $32,300 $51,450 3 $24,860 $36,200 $57,900 4 $30,000 $40,200 $64,300 5 $35,140 $43,450 $69,450 6 $40,280 $46,650 $74,600 7 $45,420 $49,850 $79,750 8 $50,560 $53,100 $84,900 Page 457 of 512 Contract Number: ______________ CDBG Funding Agreement Form EXHIBIT F PROJECT COMPLIANCE REPORT A B C D E F G H Unit Number Tenant Name Household Size No. Bedrooms Max Rent Monthly Rent Tenants Annual Gross Income Compliance Y/N? Page 458 of 512 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 459 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 1 CITY OF COLLEGE STATION HOME INVESTMENT PARTNERSHIP CHDO FUNDING AGREEMENT ARTICLE I PARTIES 1.01 This HOME CHDO Funding Agreement (the “Agreement”) is between the City of College Station (“City”), a Texas Home Rule Municipal Corporation, and Elder-Aid, Inc. (“Recipient”), a Texas Non-Profit Corporation (collectively referred to as the “Parties”). ARTICLE II AGREEMENT PERIOD 2.01 This Agreement will terminate on September 30th, 2024, unless extended by a written agreement. This Agreement will remain valid throughout the “Period of Affordability” as defined in 22.02. ARTICLE III RECIPIENT PERFORMANCE 3.01 Recipient may administer _at least one Project for the acquisition of a suitable property, demolition of an existing structure, and construction of at least one new affordable, single family residence (“Project” or “Projects”) in the City of College Station in accordance with the HOME INVESTMENT PARTNERSHIPS ACT, 42 U.S.C. § 12701 (THE ACT) and the implementing regulations, 24 C.F.R. PART 92, and the HOME INVESTMENT PARTNERSHIPS PROGRAM RULES. 3.02 Recipient shall perform all activities in accordance with the terms of the Performance Statement, (“Exhibit A”); the Budget, (“Exhibit B”); the Project Implementation Schedule, (“Exhibit C”); the Applicable Laws and Regulations, (“Exhibit D”); the Certifications, (“Exhibit E”); the Insurance Requirements and Certificates of Insurance “(Exhibit F)”, the assurances, covenants, warranties, certifications, and all other statements made by Recipient in its application for the project funded under this Agreement; and with all other terms, provisions, and requirements set forth in this Agreement. 3.03 In the event the affordability requirements of 24 C.F.R. § 92.254 are not satisfied by Recipient hereunder, Recipient shall bear ultimate responsibility for repayment of HOME funds to the City. 3.04 In the event that there is program income, repayments, or recaptured funds, the funds must be used in accordance with the requirements of 24 C.F.R. § 92.503, as outlined in the Performance Statement, “Exhibit A”. 3.05 Recipient agrees to maintain itself as a CHDO (Community Housing Development Organization) status for the duration of this Agreement in accordance with 24 C.F.R. 92. Any funds advanced as CHDO pre-development funds must be in compliance with 24 C.F.R. 92.301, and are forgivable only under the terms in 92.301. Any funds advanced to Recipient as CHDO Operating Expenses must be expended in compliance with 24 C.F.R. 92.208. Any funds that Page 460 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 2 recipient is permitted to retain as CHDO proceeds from this Project shall be used in compliance with 24 C.F.R. 92.300(a)(2) or as specified in this Agreement. If the Project is a rental, Recipient will create and follow a tenant participation plan as required by 24 C.F.R. 303. 3.06 Annually or as tenant occupancy changes, whichever occurs earlier, the Recipient will submit to the City a copy of the lease and proof of income of the tenants occupying the HOME units. This information will be submitted for the duration of the affordability period as noted in the Land Use Restriction Agreement. 3.07 The Recipient agrees not to prohibit a Section 8 tenant from occupying a HOME unit. The Recipient is not prohibited from conducting a background check on credit history or criminal history. 3.08 If applicable, Recipient agrees that all prospective purchasers of housing funded under this Agreement will comply with the City of College Station Down Payment Assistance Program (DAP) guidelines in effect at the time of this Agreement, or as may be amended. ARTICLE IV PAYMENT AND CITY OBLIGATIONS 4.01 Measure of Liability. In consideration of full and satisfactory performance of the activities referred to in Article V of this Agreement, City may pay for actual and reasonable costs up to the amount of ONE HUNDRED FIFTY NINE THOUSAND FOUR HUNDRED SEVENTY-FIVE and 00/100 DOLLARS ($159,475.00) that will be paid from the Fiscal Year 2020, 21, and 22 Community Development Budget (HUD Grant Year 2019, 20, and 21). These costs incurred by Recipient during the agreement period for performances rendered under this Agreement by Recipient are subject to the limitations set forth in this Article IV. (a) The Parties agree that City's obligations to meet City's liabilities under Article IV of this Agreement are contingent upon the actual receipt of adequate local or federal funds. If adequate funds are not available to make payments under this Agreement, the City shall notify Recipient in writing within a reasonable time after it is determined funds are not available. The City shall then terminate this Agreement and will not be liable for failure to make payments to Recipient under this Agreement. (b) City shall not be liable to Recipient for any costs incurred by Recipient, or any portion thereof, which have been paid to Recipient or which are subject to payment to Recipient, or which have been reimbursed to Recipient, or are subject to reimbursement to Recipient, by any source other than City or Recipient. (c) City shall not be liable to Recipient for any costs incurred by Recipient which are not eligible project costs, as set forth in 24 C.F.R. § 92.206(A) and Article VI of this Agreement. Funds provided under this Agreement shall not be used nor shall City be liable for payment of costs associated directly or indirectly incurred because of prohibited activities as defined in 24 C.F.R. § 92.214. (d) City shall not be liable to Recipient for any costs incurred by Recipient or for any Page 461 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 3 performances rendered by Recipient which are not strictly in accordance with the terms of this Agreement, including the terms of the Exhibits of this Agreement. (e) City shall not be liable for costs incurred or performance rendered by Recipient before commencement or after termination of this Agreement. 4.02 Limit of Liability Notwithstanding any other provision of this Agreement, the total of all payments and other obligations incurred by City under this Agreement shall under no circumstances exceed ONE HUNDRED FIFTY NINE THOUSAND FOUR HUNDRED SEVENTY-FIVE and 00/100 Dollars, ($159,475.00), from the HUD Grant Year 2019, 20, and 21 Budget. ARTICLE V DISBURSEMENT OF FUNDS 5.01 City shall pay costs incurred which it determines are eligible and which are properly submitted under this Agreement in accordance with the requirements of 24 C.F.R. § 92.502. Recipient may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount of money needed to pay eligible costs actually incurred, and may not include amounts for prospective or future needs. 5.02 Any and all Program Income as defined by 24 C.F.R. § 84.2 must be disbursed by Recipient prior to requesting a disbursement of funds from the City. 5.03 The Parties agree that City’s obligations to make payments under this Agreement are contingent upon Recipient’s full and satisfactory performance of its obligations under this Agreement. City reserves the right to recover, recapture or offset funds paid under this Agreement in the event City determines Recipient will be unable to commit or expend funds within the prescribed time, as determined by the City. Recipient agrees to refund to the City all funds that the City in its sole discretion determines to have been used for ineligible or unapproved purposes. Such refunds will be made within thirty (30) days of notification by the City of the ineligible expenditure. ARTICLE VI UNIFORM ADMINISTRATIVE REQUIREMENTS 6.01 Recipient shall comply with the requirements of 2 C.F.R. 200, including utilization of adequate internal controls, as modified by 24 C.F.R §92.505. ARTICLE VII RETENTION AND ACCESSIBILITY OF RECORDS Page 462 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 4 7.01 Recipient must establish and maintain sufficient records, including those listed under 24 C.F.R. § 92.508. The sufficiency of the records will be determined by City. 7.02 All records pertinent to this Agreement shall be retained by Recipient for five calendar years after the Period of Affordability, specified in Section 22.02, has expired with the following are exceptions: (a) If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been finally resolved, including all legal and administrative appeals. (b) Records relating to real property acquisition shall be retained for the period of affordability required under 24 C.F.R. 92.254. (c) Records covering displacement and acquisitions must be retained for at least five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 C.F.R. § 92.353. 7.03 Recipient shall give HUD, the Comptroller General of the United States, the City of College Station, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Recipient pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by Recipient. Recipient agrees to maintain such records in a location accessible to the above-named persons and entities. 7.04 Recipient shall require the substance of this Article VII to be included in all subcontracts for the use of funds under this Agreement. 7.05 Recipient must provide citizens, public agencies, and other interested parties with reasonable access to records consistent with the T EXAS PUBLIC INFORMATION ACT. ARTICLE VIII REPORTING REQUIREMENTS 8.01 Recipient shall submit to City such reports on the operation and performance of this Agreement as may be required by City including, but not limited to the reports specified in this Article VIII. 8.02 Recipient shall provide City with all reports necessary for City’s compliance with 24 C.F.R. §§ 92.508, 92.509 and 24 C.F.R. SUBPART K or any other applicable statute, law or regulation. Recipient agrees to furnish the City with information on program participants, including: income verifications, race, ethnicity, age, sex, family status, disability status and head- of-household status. Page 463 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 5 8.03 Recipient will report any project or program delays or modifications and await City approval before proceeding. 8.04 Verification of income for HOME assisted unit tenants will be pursuant to 24 C.F.R. 56.09. 8.05 Recipient will also report any instances of client fraud or program abuse to the City. Recipient agrees to meet with the City to discuss progress or concerns as the need arises and at the City’s request. 8.06 Recipient agrees to report on a semi-annual basis to the City on program or project status. This must be a written report of the status on recently completed, ongoing, and pre-approved programs or projects and must include information for the reporting period to include the status on: applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractors utilization to include: race, sex, ethnicity, addresses, social security numbers and amounts billed and paid; use of program income, repayments, and recaptured funds; and other information as specified by the City. 8.07 In addition to the limitations on liability otherwise specified in this Agreement, it is expressly understood and agreed by the Parties hereto that if Recipient fails to submit to City in a timely and satisfactory manner any report required by this Agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Recipient hereunder. If City withholds such payments, it shall notify Recipient in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by City until such time as Recipient fully cures or performs any and all delinquent obligations identified as the reason funds are withheld. ARTICLE IX MONITORING 9.01 The City reserves the right to carry out regular and periodic field inspections to ensure compliance with the requirements of this Agreement. After each monitoring visit, City shall provide Recipient with a written report of the monitor’s findings. If the monitoring reports note deficiencies in Recipient’s performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Recipient. Failure by Recipient to take action specified in the monitoring report may be cause for suspension or termination of this Agreement, as provided in Article XVIII and XIX of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR 10.01 In all activities or services performed hereunder, the Recipient is an independent contractor and not an agent or employee of the City. The Recipient, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. The Recipient shall supply all materials, equipment and labor required for the execution of the work on the Project. The Recipient shall have ultimate control over the execution of the work under this Agreement. The Recipient shall have the sole obligation to employ, direct, control, supervise, manage, discharge, Page 464 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 6 and compensate all of its employees, volunteers and subcontractors, and the City shall have no control of or supervision over the employees or volunteers of the Recipient or any of the Recipient’s subcontractors except to the limited extent provided for in this Agreement. 10.02 The Recipient shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Recipient from its obligations to the City under this Agreement. The Recipient shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to the City, to act as the Recipient’s representative and to supervise its employees and subcontractors. Adequate supervision by competent and reasonable representatives of the Recipient is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Recipient and is a breach of this Agreement. 10.03 Unless otherwise stipulated, the Recipient shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Recipient. It shall be the responsibility of the Recipient to furnish a completed work product that meets the requirements of the City. 10.04 Any injury or damage to the Recipient or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Recipient. 10.05 By entering into this Agreement, City and Recipient do not intend to create a joint enterprise. ARTICLE XI INDEMNIFICATION AND RELEASE 11.01 RECIPIENT SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS AGREEMENT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 11.02 The indemnifications contained in section 11.01 shall include, but not be limited to the following specific instances: Page 465 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 7 (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Recipient, then the Recipient shall indemnify and hold harmless and defend the City for such damage. (b) The Recipient shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Recipient shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Recipient, its agents, employees, and representatives. (d) The Recipient shall be responsible for any damage to the building caused by the Recipient’s personnel or equipment during installation. (e) The Recipient shall be responsible for the removal of all related debris. (f) The Recipient shall be responsible for subcontractors hired by it. (g) The Recipient shall indemnify, hold harmless, and defend the City from any liability caused by the Recipient’s failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 11.03 The indemnification obligations of the Recipient under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 11.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 11.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 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. 11.05 RELEASE. The Recipient assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is Page 466 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 8 caused by or alleged to be caused by, arising out of, or in connection with the Recipient’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 in the event of injury, death, property damage, or loss suffered by the Recipient, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 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. 11.06 BY ENTERING INTO THIS AGREEMENT THE CITY DOES NOT WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS AS TO DAMAGES CONTAINED IN THE TEXAS TORT CLAIMS ACT OR CONSENT TO SUIT. ARTICLE XII INSURANCE 12.01 INSURANCE The Recipient shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Recipient, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached as Exhibit F. During the term of this Agreement Contractor’s (Recipient) insurance policies shall meet the minimum requirements of this section: 12.02 Types. Recipient shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 12.03 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 F; 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 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. Page 467 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 9 (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. 12.04 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 naming 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 $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 individual exclusions being submitted for the City’s review and acceptance (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. 12.05 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 rating under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming 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. 12.06 Workers’ Compensation/Employer’s Liability Insurance. Workers Compensation/Employer’s Liability insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required. Page 468 of 512 Contract No.24300068 HOME CHDO Funding Agreement 10 (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. ARTICLEARTICLE XIII SUBCONTRACTS 13.01 Except for subcontracts to which the federal labor standards requirements apply, Recipient may not subcontract for performances of any obligation required or described in this Agreement without obtaining City’s prior written approval. Recipient shall only subcontract for performance obligations required or described in this Agreement to which the federal labor standards requirements apply after Recipient has submitted a Subcontractor utilization form, as specified by City, for each such proposed subcontract and Recipient has obtained City’s prior written approval, based on the information submitted, of Recipient’s intent to enter into such proposed subcontract. Recipient, in subcontracting for the performance of any obligation required as described in this Agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Recipient’s subcontractor(s). 13.02 In no event shall any provision of this Article XIII, specifically the requirement that Recipient obtain City’s prior written approval of a subcontractor’s eligibility, be construed as relieving Recipient of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Agreement, as if such performances rendered were rendered by Recipient. City’s approval under Article XIII does not constitute adoption, ratification, or acceptance of Recipient’s or subcontractor’s performance hereunder. City maintains the right to insist upon Recipient’s full compliance with the terms of this Agreement, and by the act of approval under Article XIII, City does not waive any rights or remedies which, may exist or which may subsequently accrue to City under this Agreement. 13.03 Recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurement under this Agreement. 13.04 Recipient shall submit a subcontractor utilization report prior to beginning work and prior to hiring any additional subcontractors. ARTICLE XIV CONFLICT OF INTEREST 14.01 No person who (a) is an employee, agent, consultant, officer or elected or appointed official of City or of any applicant that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this Agreement or (b) who is in a position to participate in a decision-making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any Agreement, subcontract or Agreement (or the proceeds Page 469 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 11 thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Recipient shall ensure compliance with applicable provisions under 24 C.F.R. §§ 84.40 - 84.48 and OMB Circular A-110 in the procurement of property and services. ARTICLE XV NONDESCRIMINATION AND SECTARIAN ACTIVITY 16.01 Equal Opportunity. Recipient shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, family status, age, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this Agreement. In addition, funds provided under this Agreement must be made available in accordance with the requirements of Section 3 of the HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (12 USC 1701(u)) that: (a) To the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this Agreement be given to low-income persons residing within the general local government area in which the project is located; and (b) To the greatest extent feasible, Agreements for work to be performed in connection with any such project be awarded to business concerns, including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area or non-metropolitan area as the project. 16.02 Faith-based activities. Organization that are religious or faith-based are eligible, on the same basis as any other organization, to participate in HOME program in accordance with the requirement of 24 C.F.R. § 92.257. ARTICLE XVI LEGAL AUTHORITY 16.01 Recipient assures and guarantees that Recipient possesses the legal authority to enter into this Agreement, to receive funds authorized by this Agreement, and to perform the services Recipient has obligated itself to perform hereunder. 16.02 The person or persons signing and executing this Agreement on behalf of Recipient, or representing themselves as signing and executing this Agreement on behalf of Recipient, do hereby warrant and guarantee that he, she or they have been duly authorized by Recipient to execute this Agreement on behalf of Recipient and to validly and legally bind Recipient to all terms, performances, and provisions herein set forth. 16.03 Recipient shall not employ, award Agreement to, or fund any person that has been Page 470 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 12 debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. In addition, City shall have the right to suspend or terminate this Agreement if Recipient is debarred, suspended, proposed for debarment, or ineligible to participate in the HOME Program. ARTICLE XVIII LITIGATION AND CLAIMS 17.01 Recipient shall give City immediate notice in writing of a) any action, including any proceeding before an administrative agency, brought or filed against Recipient in connection with this Agreement; and b) any claim against Recipient. Except as otherwise directed by City, Recipient shall furnish immediately to City copies of all documents received by Recipient with respect to such action, proceeding, or claim. ARTICLE XVIII CHANGES AND AMENDMENTS 18.01 Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by both the Parties to this Agreement. 18.02 It is understood and agreed by the Parties hereto that any performance under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by Recipient, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the HOME Program. 18.03 Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. All other amendments to the Agreement must be in writing and signed by both Parties, except as provided in paragraphs 17.02 and 17.03. ARTICLE XIX SUSPENSION 19.01 In the event Recipient fails to comply with any term of this Agreement, City may, upon written notification to Recipient, suspend this Agreement in whole or in part and withhold further payments to Recipient, and prohibit Recipient from incurring additional obligations of funds under this Agreement. ARTICLE XX TERMINATION 20.01 The City may terminate this Agreement in whole or in part, in accordance with 24 C.F.R. § 85.43 and this Article or as provided in this Agreement. In the event Recipient materially fails Page 471 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 13 as determined by City, to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a City plan or application, a notice of award, or elsewhere, City may take one or more of the following actions: (a) Temporarily withhold cash payments pending correction of the deficiency or default by the Recipient. (b) Disallow all or part of the cost of the activity or action not in compliance; and require immediate repayment of such disallowed costs. (c) Withhold further HOME awards from Recipient. (d) Exercise other rights and remedies that may be legally available as determined by the City to comply with the terms of this Agreement. (e) City may terminate this Agreement for convenience in accordance with 24 C.F.R. §85.44. ARTICLE XXI AUDIT 21.01 Unless otherwise directed by City, Recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Agreement, subject to the following conditions and limitations: (a) Recipient shall have an audit made in accordance with 24 C.F.R. § 92.506, THE SINGLE AUDIT ACT OF 1984, 31 U.S.C. 7501, and Subpart F of 2 C.F.R. 200., for any of its fiscal years included within the agreement Period, in which Recipient receives more than $300,000.00 in federal financial assistance provided by a federal agency in the form of grants, agreements, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of federal financial assistance received directly from federal agencies, or indirectly through other units of State and local government; (b) At the option of Recipient, each audit required by this Article may cover either Recipient's entire operations or each department, agency, or establishment of Recipient which received, expended, or otherwise administered federal funds; (c) Notwithstanding paragraphs 4.01(c) and (d), Recipient shall utilize operating expense funds budgeted under this Agreement to pay for that portion of the cost of such audit services properly allocable to the activities funded by City under this Agreement, provided however that City shall not make payment for the cost of such audit services until City has received the complete and final audit report from Recipient; (d) Unless otherwise specifically authorized by City in writing, Recipient shall submit Page 472 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 14 the complete and final report of such audit to City within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this Agreement. Audits performed under Subsection A of this Article XXI are subject to review and resolution by City or its authorized representative. (e) As part of its audit, Recipient shall verify expenditures according to the Budget attached as Exhibit B. 21.02 Notwithstanding 20.01 City reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Agreement. Recipient agrees to permit City or its authorized representative to audit Recipient's records and to obtain any documents, materials, or information necessary to facilitate such audit. 21.03 Recipient understands and agrees that it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Agreement. Recipient further understands and agrees that reimbursement to City of such disallowed costs shall be paid by Recipient from funds which were not provided or otherwise made available to Recipient under this Agreement. 21.04 Recipient shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Article XXI as City may require of Recipient 21.05 All approved HOME audit reports shall be made available for public inspection within 30 days after completion of the audit. ARTICLE XXII ENVIRONMENTAL CLEARANCE REQUIREMENTS 22.01 Recipient understands and agrees that by the execution of this Agreement, City shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to City in accordance with and to the extent specified in 24 C.F.R., P ARTS 50 AND 58. In accordance with 24 C.F.R. § 58.77(b), Recipient further understands and agrees that City shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. 22.02 Funds provided under this Agreement may not be obligated and expended before the actions specified in this Article occur. Any Real Estate Purchase Option Agreement must include the following language: “This option is contingent upon satisfactory completion of an environmental review under 24 C.F.R. Part 58. The parties agree that the provision of any funds to the project is conditioned on the City’s determination to proceed with, modify, or cancel the project based on the results of the environmental review.” 22.03 City shall prepare and maintain a written Environmental Review Record for this project in accordance with 24 C.F.R. PART 58 to ensure compliance with the NATIONAL ENVIRONMENTAL POLICY ACT (NEPA). Recipient must also maintain a copy of the Environmental Review Record Page 473 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 15 in Recipient's project file. City must comply with all other applicable environmental requirements as specified in Exhibit D of this Agreement. City shall document its compliance with such other requirements in its environmental review file. ARTICLE XXIII SPECIAL CONDITIONS 23.01 Certification. City shall not release any funds for any costs incurred by Recipient under this Agreement until City has received certification from Recipient that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this Agreement. City shall specify the content and form of such certification. 23.02 Affordability. Funds provided under this Agreement must meet the affordability requirement of 24 C.F.R. § 92.254 and the HOME rules as applicable. The period of affordability is based upon the total amount of HOME funds subject to recapture described in 24 C.F.R. § 92.254 (a) (5) (ii) (A) (5).The City shall reduce HOME investment amount to be recaptured by Recipient on a pro-rata basis for the time the unit is in compliance with 24 C.F.R. § 92.254 and the HOME rules as applicable. Home Funds Subject to Recapture Affordability Period < $15,000 5 years $15,000 - $40,000 10 years > $40,000 15 years 23.03 Recapture. The HOME investment that is subject to recapture is based on the amount of HOME assistance that enabled the homebuyer to buy the dwelling unit. This includes any HOME assistance that reduced the purchase price from fair market value to an affordable price. The cost of construction is not considered in this calculation. Recaptured funds will include the amount provided through the City’s Down Payment Assistance Program and the Recipient’s subsidy to the homebuyer equaling the difference between the fair market value and the sales price of the home. Recipient agrees that Recipient’s recaptured funds, including all interest and any other return on the investment of HOME funds, will be made to City pro-rata. The formula for Recipient’s recaptured funds is the funds received which are subject to recapture divided by the number of months in the period of affordability multiplied by the number of months that a home is not operated in accordance with the affordability requirement. 23.04 Property Standards. Recipient shall ensure that all housing assisted with funds provided under this Agreement shall meet the requirements of 24 C.F.R. § 92.251 for the duration of this Agreement. 23.05 Affirmative Marketing. Should funds from this Agreement be used in the construction of five (5) or more dwelling units, Recipient shall adopt Affirmative Marketing procedures and requirements. The Affirmative Marketing procedures and requirements shall include, but need not be limited to, those specified in 24 C.F.R. § 92.351. City will assess the efforts of the Recipient during the marketing of the units by use of compliance certification. Where a Recipient fails to follow the Affirmative Marketing procedures and requirements, corrective actions shall include Page 474 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 16 extensive outreach efforts to appropriate contacts to achieve the occupancy goals or other sanctions the City may deem necessary. Recipient must provide City with an annual assessment of the Affirmative Marketing program of the development, if an Affirmative Marketing program is required under this section. The assessment must include: (a) Method used to inform the public and potential residents about Federal Fair Housing laws and Affirmative Marketing policy. Recipient's advertising of housing must include the Equal Housing Opportunity logo or statement. Advertising media may include newspaper, radio, television, brochures, leaflets, or signage. Recipient may wish to use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. (b) Records describing actions taken by the Recipient to affirmatively market housing and records to assess the results of these actions. Recipient must maintain a file containing all marketing efforts (i.e. copies of newspapers ad, memos of phone calls, copies of letters) to be available for inspection at least annually by City. (c) Recipient shall solicit applications for housing from persons in the housing market who are least likely to apply for housing without benefit of special outreach efforts. In general, persons who are not of the race/ethnicity of the residents of the neighborhood in which the housing is located shall be considered those least likely to apply. (d) Recipient shall maintain a listing of all residents residing in each home through the end of the compliance period. (e) The Recipient will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in the preceding paragraph. 23.06 Enforcement of Affordability. City shall provide, and Recipient shall execute, a legally enforceable agreements consisting of a Land Use Restriction Agreement, containing remedies adequate to enforce the affordability requirements of 24 C.F.R. § 92.254, as applicable, for each activity assisted under this Agreement, to be recorded in the real property records of Brazos County. Funds recaptured because housing no longer meets the affordability requirements under 24 C.F.R. § 92.254(a)(5) are subject to the requirements of 24 C.F.R. § 92.503. Recipient must Page 475 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 17 provide along with the other legal instruments an Agreement of Affordability. 23.07 Reversion of Assets. Upon termination of this Agreement, all funds remaining on hand on the date of termination and all accounts receivable attributable to the use of funds received under this Agreement shall revert to City. Recipient shall return these assets to City within seven (7) days after the date of termination. 23.08 Flood Hazards. Funds provided under this Agreement may not be used in connection with acquisition, rehabilitation, or construction of a development located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards. 23.09 Fair Housing. Recipient participating in the HOME program shall use affirmative fair housing marketing practices in determining eligibility and concluding all transactions. These requirements apply to all projects of five (5) or more units. Each participating entity must affirmatively further fair housing in accordance with 24 C.F.R. 92.350. 23.10 Displacement, Relocation, and Acquisition. Recipient must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, business and nonprofit organizations) as a result of a project assisted with funds provided under this Agreement. Recipient must comply with the applicable provisions of 24 C.F.R. 92.353, 49 C.F.R. Part 24, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655). 23.11 Property Standards. Recipient shall ensure that all housing assisted with funds provided under this Agreement (1) shall meet the lead-based paint requirements in 24 C.F.R. § 92.355 upon project completion and (2) shall meet the requirements of 24 C.F.R. § 92.355 for the duration of this Agreement. 23.12 All documents necessary for the conveyance of real property, pursuant to the agreement, must be approved, prior to execution, by the City. (i.e. deeds, notes, Deed of Trust, etc.) 23.13 Funding under this Agreement is contingent upon Recipient meeting all terms, conditions of this Agreement. 23.14 This Agreement and the performance hereunder may not be assigned without the express written consent of City. 23.15 This Agreement is binding on Recipient’s assigns and successors-in-interest. ARTICLE XXIV ORAL AND WRITTEN AGREEMENTS 24.01 All oral and written agreements between the Parties relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing Page 476 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 18 and are contained in this Agreement. 24.02 The attachments enumerated and denominated below are hereby made a part of this Agreement, and constitute promised performances by Recipient in accordance with Article III of this Agreement. ARTICLE XXVI VENUE 25.01 For purposes of litigation pursuant to this Agreement, venue shall lie in Brazos County, Texas ARTICLE XXVI COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 26.01 Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of Recipient under this Agreement. Upon request by City, Recipient shall furnish satisfactory proof of its compliance herein. 26.02 Verification No Boycott. To the extent applicable, this Agreement is subject to the following: (a) Boycott Israel. If this Agreement is for goods and services subject to § 2270.002 Texas Government Code, Recipient verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Agreement; (b) Boycott Firearms. If this Agreement is for goods and services subject to § 2274.002 Texas Government Code, Recipient 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, Recipient herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Agreement. Page 477 of 512 Contract No. 24300068 HOME CHDO Funding Agreement 19 List of Exhibits A. Performance Statement B. Budget C. Project Implementation Schedule D. Applicable Laws and Regulations E. Certifications F. Insurance Certificates ELDER-AID, INC. CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: Page 478 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT A PERFORMANCE STATEMENT 1.Recipient is awarded up to $159,475.00 from the City of College Station FY 2020, 21, and 22 (HUD Grant Year 2019, 20, and 21) HOME Investment Partnerships Program – Community Housing Development Organization (CHDO) set-aside funds. These funds must be used for __the demolition of an existing substandard structure and construction of at least one affordable, single-family residence in the City of College Station. Homes must be rented to elderly households at or below 60% of the Area Median Income . 2. All construction shall be of a design approved by the City. The exterior of the homes must be a minimum of 25% brick and must have a garage or accessory storage structure of at least sixty four (64) square feet if lot size permits. All homes must meet deed restriction requirements and meet the characteristics of the neighborhood. All homes must be inspected and approved by City staff. 3.A detailed Project Budget and cost breakdown shall be submitted by the Recipient to the City for review of each project for a cost or price analysis prior to the start of the project. 4.A final budget shall be submitted with HOME close-out information at the end of each project showing total costs and funding sources. 5.All work must be in compliance with current City of College Station Building Codes. Recipient shall dedicate all easements required by City including blanket easements which shall be substituted with as- built easements for all City utilities. All Projects must be substantially completed within one (1) year of the date of this Agreement. 6.All required permits must be obtained prior to any work commencing. All required inspections must be performed by the City of College Station Building Inspectors. 7.Recipient must provide written notification of all subcontractors to City. 8.Upon completion of such construction Recipient must submit a copy of all receipts paid. At that point, the City will have 30 days to make payment on said receipts, not to exceed maximums established in Exhibit B, Budgets. 9.Within six (6) months from issuance of the Certificate of Occupancy, said HOME unit must be occupied by an eligible resident. Recipient is not prohibited from conducting a background check on credit history or criminal history. 10.Any program income, must be disbursed by Recipient prior to requesting a disbursement of funds from the City. Proceeds from the sale of properties acquired and rehabilitated under this contract are not to be considered program income but may be retained by the CHDO as allowed under 24 CFR 92.300(a)(2), as CHDO Proceeds. All such proceeds retained by the Recipient must be used for future affordable housing activities within the jurisdictional boundaries of the City of College Station, subject to approval by the City. The City grants the Recipient the right to maintain all project proceeds. All program income, recaptured funds, repaid funds, project proceeds, etc., are subject to this Agreement.. Page 479 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT B BUDGET SOURCES OF FUNDS: Maximum Proceeds of grant under the agreement _____$159,475.00____________ USES OF FUNDS: Site Preparation Costs/Demolition........................................................................ $10,000.00 Infrastructure Costs............................................................................................... $0.00 Construction Rehabilitation Costs......................................................................... $120,000.00 Financing Costs..................................................................................................... $2,500.00 Professional Fees (Architect, Engineering, Legal, etc.)......................................... $1,750.00 Developer Fees..................................................................................................... $22,225.00 Other Soft Costs (Title, Appraisal, Taxes, Insurance)........................................... $3,000.00 Total...................................................................................................................... $159,475.00 Page 480 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT C PROJECT IMPLEMENTATION SCHEDULE AGREEMENT START DATE: ____October 17th, 2023_________________ AGREEMENT END DATE: ____September 30th, 2024_________________ Construction Phase – Construction for this project is scheduled to begin within one year of property acquisition with completion and certificate of occupancy date for all projects no later than ___September 30 th, 2024____________________. The issuance of a building permit will constitute start of construction. Page 481 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Recipient shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Recipient under this Agreement including but not limited to the laws, and the regulations specified in Section I through VI of this Exhibit D. I. CIVIL RIGHTS THE FAIR HOUSING ACT (42 U.S.C. 3601-20) AND IMPLEMENTING REGULATIONS AT 24 C.F.R. PART 100; EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259 (3 C.F.R., 1958-1963 COMP., P. 652 AND 3 C.F.R., 1980 COMP., P. 307) (EQUAL OPPORTUNITY IN HOUSING) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 107; AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D) (NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS) AND IMPLEMENTING REGULATIONS ISSUED AT 24 C.F.R., PART 1; EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259, AND 24 C.F.R. PART 107, "NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063". THE FAILURE OR REFUSAL OF RECIPIENT TO COMPLY WITH THE REQUIREMENTS OF EXECUTIVE ORDER 11063 OR 24 C.F.R., PART 107 SHALL BE A PROPER BASIS FOR THE IMPOSITION OF SANCTIONS SPECIFIED IN 24 C.F.R. 107.60; THE PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF AGE UNDER THE AGE DISCRIMINATION ACT OF 1975 (42 U.S.C. 6101-07) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 146, AND THE PROHIBITIONS AGAINST DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. 794) AND IMPLEMENTING REGULATIONS AT 24 C.F.R., PART 8; THE REQUIREMENTS OF EXECUTIVE ORDER 11246 (3 C.F.R. 1964-65, COMP., P. 339) (EQUAL EMPLOYMENT OPPORTUNITY) AND THE IMPLEMENTING REGULATIONS ISSUED AT 41 C.F.R., CHAPTER 60. THE REQUIREMENTS OF 24 C.F.R. 92.351 (MINORITY OUTREACH), EXECUTIVE ORDERS 11625 AND 12432 (CONCERNING MINORITY BUSINESS ENTERPRISE), AND 12138 (CONCERNING WOMEN'S BUSINESS ENTERPRISE). CONSISTENT WITH HUD'S RESPONSIBILITIES UNDER THESE ORDERS, RECIPIENT MUST MAKE EFFORTS TO ENCOURAGE THE USE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES IN CONNECTION WITH HOME FUNDED ACTIVITIES. RECIPIENT MUST PRESCRIBE PROCEDURES ACCEPTABLE TO THE CITY TO ESTABLISH ACTIVITIES TO ENSURE THE INCLUSION , TO THE MAXIMUM EXTENT POSSIBLE, OF MINORITIES AND WOMEN, AND ENTITIES OWNED BY MINORITIES AND WOMEN. THE AGREEMENTOR / SUBCONTRACTOR WILL BE REQUIRED TO IDENTIFY AGREEMENTS WHICH HAVE BEEN BID BY MINORITY OWNED, WOMEN OWNED, AND/OR SMALL DISADVANTAGED BUSINESSES . THE AGE DISCRIMINATION ACT OF 1975 (42 U.S.C., SECTION 6101 ET SEQ.); SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C., SECTION 794) AND "NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT", 24 C.F.R., PART 8. BY SIGNING THIS Page 482 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 AGREEMENT, RECIPIENT UNDERSTANDS AND AGREES THAT THE ACTIVITIES FUNDED HEREIN SHALL BE OPERATED IN ACCORDANCE WITH 24 C.F.R., PART 8; AND THE ARCHITECTURAL BARRIERS ACT OF 1968 (42 U.S.C., SECTION 4151 ET. SEQ.) INCLUDING THE USE OF A TELECOMMUNICATIONS DEVICE FOR DEAF PERSONS (TDDS) OR EQUALLY EFFECTIVE COMMUNICATION SYSTEM. II. LEAD-BASED PAINT TITLE IV OF THE LEAD-BASED PAINT POISONING PREVENTION ACT (42 U.S.C. SEC. 4831). III. ENVIRONMENTAL STANDARDS NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C. SEC. 4321 ET. SEQ.) AND 40 C.F.R. PARTS 1500-1508; THE NATIONAL HISTORIC PRESERVATION ACT OF 1966 (16 U.S.C. SEC. 470 ET. SEQ.) AS AMENDED; PARTICULARLY SECTION 106 (16 U.S.C. SEC. 470F); EXECUTIVE ORDER 11593, PROTECTION AND ENHANCEMENT OF THE CULTURAL ENVIRONMENT, MAY 13, 1971 (36 FED. REG. 8921), PARTICULARLY SECTION 2(C); THE RESERVOIR SALVAGE ACT OF 1960 (16 U.S.C. SEC. 469 ET SEQ.). PARTICULARLY SECTION 3 (16 U.S.C. SEC. 469A-1), AS AMENDED BY THE ARCHEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974; FLOOD DISASTER PROTECTION ACT OF 1973, (42 U.S.C. SEC. 4001 ET. SEQ.) AS AMENDED, PARTICULARLY SECTIONS 102(A) AND 202(A) (42 U.S.C. SEC. 4012A (A) AND SEC. 4106(A); EXECUTIVE ORDER 11988, FLOODPLAIN MANAGEMENT, MAY 24, 1977 (42 FED. REG. 26951), PARTICULARLY SECTION 2(A). EXECUTIVE ORDER 11990 PROTECTION OF WETLANDS, MAY 24, 1977 (42 FED. REG. 26961), PARTICULARLY SECTIONS 2 AND 5. THE SAFE DRINKING WATER ACT OF 1974, (42 U.S.C. SEC. 201, 300(F) ET SEQ.) AND (21 U.S.C. SEC. 349) AS AMENDED, PARTICULARLY SECTION 1424(E) (42 U.S.C. SEC. 300H-303(E); THE ENDANGERED SPECIES ACT OF 1973, (16 U.S.C. SEC. 1531 ET. SQ.) AS AMENDED, PARTICULARLY SECTION 7 (16 U.S.C. SEC. 1536); THE WILD AND SCENIC RIVERS ACT OF 1968, (16 U.S.C. SEC. 1271 ET SEQ.) AS AMENDED, PARTICULARLY SECTION 7(B) AND (C)(16 U.S.C. SEC. 1278(B) AND (C); THE CLEAN AIR ACT (41 U.S.C. SEC. 7401 ET SEQ.) AS AMENDED, PARTICULARLY SECTION 176(C) AND (D) (42 U.S.C. SEC. 7506(C) AND (D); FARMLANDS PROTECTION AND POLICY ACT OF 1981, (7 U.S.C. SEC. 4201 ET SEQ.) 24 C.F.R. PART 51, ENVIRONMENTAL CRITERIA AND STANDARDS. Page 483 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 IV. ACQUISITION/RELOCATION THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (42 U.S.C., SEC. 4601 ET. SEQ.), 49 C.F.R. PART 24, AND 24 C.F.R. SECTION 570.496A (55 FED. REG. 29309 (JULY 18, 1990) V. LABOR REQUIREMENTS AGREEMENT WORK HOURS AND SAFETY STANDARDS ACT, AS AMENDED (40 USC 327-333) COPELAND (ANTI-KICKBACK) ACT (40 USC 276C) FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED (29 USC 201, ET. SEQ.) Page 484 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT E CERTIFICATION REGARDING LOBBYING FOR AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of its knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement or modification of any federal agreement, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and agreements under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.A. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Printed Name: Title: Date: Page 485 of 512 Contract No. 24300068 HOME Funding Agreement Form 06-08-2023 EXHIBIT F CERTIFICATES OF INSURANCE Page 486 of 512 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/6/2023 (979) 776-4740 (979) 776-4745 17370 Elder-Aid, Inc. 307 S Main St, Suite 202 Bryan, TX 77803-6949 31054 22945 21113 19038 A 1,000,000 X X NN1475001 11/2/2022 11/2/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B BO-5678342 1/13/2023 1/13/2024 C X 0001220341 3/10/2023 3/10/2024 1,000,000 Y 1,000,000 1,000,000 D Accident US1674586 1/13/2023 Benefit Amt 15,000 E Surety 106406989 11/5/2022 11/5/2025 1,000,000 City of College Station 1101 Texas Avenue College Station, TX 77840 ELDEINC-01 HLAPP Jones & Associates Inc. 1580 Copperfield Pkwy College Station, TX 77845 Nautilus Insurance Company Hochheim Prairie Farm Mutual Ins. Texas Mutual Workers' Compensation Ins United States Fire Insurance Co Travelers Casualty & Surety Co X 1/13/2024 X X X X X Page 487 of 512 October 12, 2023 Item No. 8.3. Rec Center Feasibility Contract Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a contract with Brinkley Sargent Wiginton Architects not to exceed $180,768 for a recreation center feasibility study. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommend approval. Summary: This project will study the feasibility of a recreation center in College Station. The scope of the study will include two different phases. Phase one will focus on: • Discovery, analysis and review of background information • Needs assessment • Market analysis Following phase one, staff will provide an update to the City Council prior to moving forward into phase two. Phase two will focus on: • Concepts and operational projections • Design concept development • Operations assessment and cost analysis A Request for Qualifications (RFQ) was released earlier this year and the City received 5 responses. Following the team evaluations, 3 firms were selected for interviews. Following the interviews, Brinkley Sargent Wiginton Architects was selected as the most qualified for this project. Budget & Financial Summary: This item will be expensed in the Capital Projects Operations and Facilities Maintenance operating budget. If necessary, a budget increase for this item will be considered as part of the first FY24 Budget Amendment. Attachments: 1. Rec Center Feasibility Contract - Vendor Signed Page 488 of 512 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable)DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 23300370 23-044 Recreation Center Feasibility Study Brinkley Sargent Wiginton Architects 180,768.00 n n n n n N/A N/A N/A Consultant was chosen from the RFQ process using the RFQ number 23-044. Funding will be from account 10010180-5304. N/A 10/12/2023 N/A N/A N/A N/A N/A 9/12/2023 9/15/2023 9/15/2023 Page 489 of 512 CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home- Rule Corporation (the "City") and Brinkley Sargent Wiginton Architects , a Texas company (the "Consultant"), whereby Consultant agrees to perform and the City agrees to pay for the work described herein. ARTICLE I SCOPE OF SERVICES 1.01 This Contract is for a recreation center feasibility study (the "Project"). The scope and details of the work to be provided to the City by Consultant are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Consultant agrees to perform or cause the performance of all the work described in Exhibit "A." 1.02 Consultant agrees to perform the work described in Exhibit" A" hereto and the City agrees to pay Consultant a fee based on the rates set forth in Exhibit "B" to this Contract for the services performed by Consultant. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Consultant shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Consultant has not yet been paid. ARTICLE II PAYMENT 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all services to be performed under this Contract may not, under any circumstances, exceed One Hundred Eighty Thousand Seven Hundred Sixty-Eight and J)JL_j I 00 Dollars ($180,768.00 ). ARTICLE ill CHANGE ORDERS 3.01 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Consultant pursuant to this Contract, provided, however, that any such change that in the opinion of Consultant, the City Manager, or the City's Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Consultant and the City's Project Manager. (a) When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more 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 Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 1 Page 490 of 512 (b) When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council; and (c) Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. ARTICLE IV TIME OF PERFORMANCE 0 4.01 Except as provided in Article X herein below, the Consultant shall complete all of the work described in Exhibit "A" by the dates set forth below. June 30th 2024 -OR- D 4.01 Except as provided in Article X herein below, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 4.02 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 4.03 Consultant promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Consultant agrees to perform any and all Project- related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Consultant under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit "A." ContractNo.23300370 Professional Services-Consultant Form 08-10-2021 Page I 2 Page 491 of 512 ARTICLEV INDEPENDENT CONSUL TANT 5.01 In all activities or services performed hereunder, the Consultant is an independent Consultant and not an agent or employee of the City. The Consultant, as an independent Consultant, shall be responsible for the final product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment and labor required for the execution of the work on the Project. The Consultant shall have ultimate control over the execution of the work under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subconsultants, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subconsultants except to the limited extent provided for in this Contract. Consultant shall be liable for any misrepresentations. Any negotiations by the Consultant on the City's behalf are binding on the City only when within the scope of work contained herein and approved by the City. ARTICLE VI AUTHORIZATION 6.01 The City shall direct Consultant to commence work on the Project by sending Consultant a "letter of authorization" to begin work on the Project. 6.02 Upon receipt of the letter of authorization to begin work on the implementation of the Project, Consultant shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City's staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City's management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 6.03 Consultant shall consult with the City and may in some limited circumstances, act as the City's representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Consultant shall be an independent Consultant at all times and is not to be considered either an agent or an employee of the City. ARTICLE VII WARRANTY 7.01 As an experienced and qualified professional, Consultant warrants that the information provided by Consultant reflects high professional and industry standards, procedures, and performances. Approval or acceptance by the City of any of Consultant's work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Consultant, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Consultant's responsibilities under this Contract. Nor shall the City's approval or acceptance be deemed to be the assumption ofresponsibility by the City for any defect or error in the work products prepared by Consultant, its employees, associates, agents, or subconsultants. 7.02 Consultant shall keep the City informed of the progress of the work and shall guard against any defects or deficiencies in its work. Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 3 Page 492 of 512 7 .03 Consultant shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Consultant shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon as possible, but no later than fifteen (15) calendar days after receiving notice of said errors, deficiencies, or unacceptable work product. 7.04 Any and all of Consultant's work product ("Work Product") hereunder shall be the exclusive property of the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memorandum, models, and equipment of any nature that are within Consultant's possession or control and that are the City's property or relate to the City or its business. 7.05 Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by Consultant's employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 7.06 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article VII of the Contract. 8.01 INDEMNITY ARTICLE VIII INDEMNIFICATION & RELEASE (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers , agents, employees, and volunteers (separately and collectively referred to in this paragraph as "Indemnitee") from and against all claims, damages, losses and expenses (including but not limited to attorney's fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or breach of contract including failure to pay a subconsultant, subconsultant, or supplier occurring in the course of performance of professional services pursuant to this Contract by Consultant, its employees, subconsultants, subconsultants, or others for whom Consultant may be legally liable ("Consultant Parties"), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER TIDRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 4 Page 493 of 512 AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts namedin section 8.01 above occur outside the course of performance of professional services (i.e. non- professional services) and the claim is not based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency's agent, employee, or other entity over which the governmental agency exercises control, other than the Consultant or Consultant Parties. ( c) It is mutually understood and agreed that the indemnification provided for in this section shall indefinitely survive any expiration, completion or termination of this Contract. (d) It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 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. 8.02 Release. The Consultant releases, relinquishes, and discharges the City, its council members, officials, officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE IX INSURANCE 9.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 5 Page 494 of 512 Consultant, its agents, representatives, volunteers, employees or subconsultants. The policies, limits and endorsements required are as set forth below: During the term of this Contract all Consultant's insurance policies shall meet the minimum requirements ofthis section: 9.02 Types. Consultant shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation/Employer's Liability. (d) Professional Liability. 9.03 Certificates of Insurance. For each of these policies, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Consultant's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence project will issue or any work on the Project commences. 9.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed insurance carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be named on the Certificate of Insurance. (c) "Claims made" policies will not be accepted, except for Professional Liability insurance. ( d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station. ( e) The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved forms. 9.05 Commercial General Liability requirements. The following Commercial General Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A: VIII" or better in accordance with the current A. M. Best Key Rating Guide. (b) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c) No coverage shall be excluded from the standard policy without notification of Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 6 Page 495 of 512 individual exclusions being attached for review and acceptance. ( d) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 9.06 Business Automobile Liability requirements. The following Business Automobile Liability requirements shall apply: (a) Coverage shall be written by a carrier rated "A: VIII" or better in accordance with the current. A. M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol I in the Covered Autos portion of the liability section in Item 2 of the declarations page. ( d) The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 9.07 Workers' Compensation/Employer's Liability Insurance requirements. The Workers' Compensation/Employer's Liability Insurance shall include the following terms: (a) Employer's Liability limits of$1,000,000 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. (c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those namedin Item 3A and the States ofNV, ND, OH, WA, WV, and WY. 9.08 Professional Liability requirements. The following Professional Liability requirements shall apply: (a) (b) Coverage shall be written by a carrier rated "A: VIII" or better in accordance with the current A.M. Best Key Rating Guide. Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page 17 Page 496 of 512 period on this policy will not be sufficient to comply with the obligations hereunder. ( d) Retroactive date must be shown on certificate. ARTICLEX TERMINATION 10.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the services properly performed and expenses incurred prior to the date of termination. 10.02 No term or provision of this Contract shall be construed to relieve the Consultant ofliability to the City for damages sustained by the City or because of any breach of contract by the Consultant. The City may withhold payments to the Consultant for the purpose of setoffuntil the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE XI MISCELLANEOUS TERMS 11.01 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. 11.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: CITY: City of College Station Attn: Jennifer Cain P.O. Box 9960 College Station, Texas 77842 CONSULTANT: Brinkley Sargent Wiginton Arch. Attn:StephenSprings,.AIJ\ 5000 Quorum, Suite 600 Dallas TX, 75254 11.03 Consultant, its employees, associates or subconsultants shall perform all the work hereunder. Consultant agrees that all of its associates, employees, or subconsultants who work on this Project shall be fully qualified and competent to do the work described hereunder. Consultant shall undertake the work and complete it in a timely manner. 11.04 The Consultant shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Consultant may not knowingly obtain the labor or services of an undocumented worker. The Consultant, not the City, must verify eligibility for employment as required by !RCA. Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 8 Page 497 of 512 11.05 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 11.06 This Contract and all rights and obligations contained herein may not be assigned by Consultant without the prior written approval of the City. 11.07 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 11.08 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 11.09 This Contract represents the entire and integrated Contract between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 11.10 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 11.11 This Contract goes into effect when duly approved by all parties hereto .. 11.12 Notice of Indemnification. City and Consultant hereby acknowledge and agree this Contract contains certain indemnification obligations and covenants. 11.13 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, Consultant verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 9 Page 498 of 512 (b) Boycott Fireanns. If this Contract is for goods and services subject to§ 2274.002 Texas Government Code, Consultant 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 frrearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Consultant 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. 23300370 Professional Services-Consultant Form 08-10-2021 Page I 10 Page 499 of 512 List of Exhibits A. Scope of Services B. Payment Schedule C. Certificates of Insurance Brinkley Sargent Wiginton Architects By:.~----------- Printed Name: ----------~ Title: _____________ _ Date: ________ _ Contract No. 23300370 Professional Services-Consultant Form 08-10-2021 CITY OF COLLEGE STATION By: ____________ _ City Manager Date: ------- APPROVED: City Attorney Date: -------- Assistant City Manager/CFO Date: -------- Page I 11 Stephen Springs 9/12/2023 Senior Principa 9/15/2023 9/15/2023 Page 500 of 512 See attached proposal... Contract No. 23300370 Professional Services -Consultant Form 08-10-2021 Exhibit A Scope of Services Page 501 of 512 08-2023 1 City of College Station EXHIBIT A SCOPE OF SERVICES FOR CITY OF COLLEGE STATION RECREATION FEASIBILITY STUDY I. PHASE 1 SERVICES: DISCOVERY & ANALYSIS 1. PROJECT PLANNING 1.1 Review Background Data. We will collect information on use patterns, satisfaction, desires, and barriers to inform the development of the needs assessment. To start the process, we will submit an information request to City Project Team. 1.2 Attend a Kickoff Meeting. We will attend an onsite project kickoff meeting with the City project team that will serve as an opportunity to introduce our project team members, discuss goals, present our project approach and methodology, review the final schedule of key project dates, and answer questions. While on site we will also tour areas of the system. This tour will give us a grounded exposure to the physical resources, user experience and staff environments. Travel time is included for one BSW staff and two Berry Dunn. 1.3 Develop the Project Work Plan and Schedule. We will develop the Project Work Plan and Schedule, which will outline our communication, scope; and timeline. This will be developed at the Kickoff Meeting. See Table 1.3.1 below for an initial schedule to inform that workshop. Table 1.3.1 2023 2024 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun TASKS Phase 1 Project Planning Needs Assessment Market Analysis Phase 2 Findings and Visioning Concept Development Operations Assessment & Costing Page 502 of 512 08-2023 2 City of College Station 2. NEEDS ASSESSMENT 2.1 Create an Engagement Strategy. To determine potential gaps in recreation services and help the City determine potential building and programming opportunities, we will engage residents and other key stakeholders in the Feasibility Study process. As we develop an Engagement Strategy with the City, we will discuss both virtual and in-person options, identify and describe methods of community involvement including focus groups, stakeholder interviews, public forums, pop-up activities at scheduled special events, etc. We will identify key stakeholders, create a schedule for public input opportunities, develop a schedule for the promotion and coordination of stakeholder input events, and identify specific stakeholder interview and focus group questions. Anticipated engagement activities include conducting: 1) Stakeholder interviews 2) Engagement of city staff with internal leaders and focus groups 3) Facilitate Public Input Sessions 4) Project website and engagement portal (Social Pinpoint) 5) Travel is time included for one BSW staff and two Berry Dunn. 2.2 Engagement Summary. Our team will provide a summary of insights gleaned through the engagement process. Key staff engagement, and community engagement activities will be assessed in relationship to each other. We will identify the common themes woven throughout the meetings and electronic engagement tools, potential service gaps, as well as any pertinent observations garnered through the feedback. This assessment of community needs will help inform the statistically valid survey. 2.3 Statistically Valid Survey. Our team will design and administer a statistically valid survey. Design will be via virtual meetings. Administration will be through a combination of mail, internet and virtual meetings. The actual survey will be mailed to a random sampling of households with a goal of reaching approximately 400 households. This sample of completed surveys will provide results that have a margin of error of +/-5.66% at the 95% level of confidence. The results would be statistically valid City-wide. Analysis will be provided in a final report detailing the methodology and description of major findings. Tabular and/or graphical data regarding each question will support the findings and identified community priorities. 3. MARKET ANALYSIS 3.1 Conduct a Demographics and Mobile Data Analysis To provide insight into the potential market for College Station’s potential facility needs, we will conduct a demographic analysis and market profile of the City’s service area, including neighboring cities. Our team will utilize all information available from previous planning efforts, the U.S. Census Bureau, Esri, and other national and local sources. We will work directly with City leadership to document growth, redevelopment areas, and land use changes. We will utilize mobile data (via Placer.ai) to conduct a thorough analysis of the City’s service area, audience, visitation, customer journeys, and other critical factors. Placer.ai’s powerful analytics capabilities are made possible by a proprietary machine learning algorithm that processes billions of Page 503 of 512 08-2023 3 City of College Station location data points. The data is collected based on high level mobile data and does not collect any sensitive user information such as actual home or work locations or names. 3.2 Trends Analysis We will conduct a trends analysis that assesses demographic shifts and their impact on what the community might consider based on current and future recreational sports, event centers, and community services. This analysis will include an overview of trends. This process will also evaluate how the City provides services through both administrative and planning trends. 3.3 Other “Like” Service Provider Analysis Our team will utilize analysis methods to examine the key alternative “like” service providers within the market area. We will assess the current level of “like” programs and services within the market area. This assessment will include an analysis of the best possible competition or duplication of services through other public and private service providers, along with recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate. We will examine and review the current services, participation levels, operation, and structure; and identify opportunities and deficiencies for improvements and future needs. This investigation will detail operating information, including types of amenities, fee structures, and any other operating data available. We will review, analyze, and report on these factors, their impact on the Center, and how to use the information to forecast the future feasibility of the facility. We will research and provide benchmark metrics to guide future management decisions. 3.4 General Site Location Based on the Market Analysis, our team will assist the City in reviewing potential sites appropriate for a project. Conducting basic civil engineering site due diligence is included for up to three sites. Additional sites may be reviewed on per-site fee basis. II. PHASE 2 SERVICES: CONCEPTS AND OPERATIONAL PROJECTIONS 4. FINDINGS AND VISIONING 4.1 Present Findings and Conduct a Visioning Workshop. We will compile findings from Tasks 1 and 2 and will prepare a summary of findings for staff and decision-makers to validate their accuracy. During this stage, we will confirm that all information identified and collected thus far is correct and ask all stakeholders to share any additional issues or opportunities for consideration as we prepare to move forward into analysis and recommendations. This is anticipated to be in a virtual setting. Following our review of the findings, we will facilitate two virtual Visioning Workshops that will analyze all findings, including operational feasibility, political or historical constraints, and any other potential challenges. We will also identify opportunities for implementation steps, work plans, and funding implications. 4.2 Program of Spaces. Based on the agreed upon findings and visioning, we will develop outline architectural space program options describing the size and function of each space. The outlined options will be reviewed with client for compliance with vision and goals. As information may be available, outline programs will be test-fitted on up to three potential sites. High-level operational assessment will be included in the options. This operational assessment will be based upon the findings and visioning efforts to build the Page 504 of 512 08-2023 4 City of College Station conceptual facility design model. Once the final design with identified amenities is completed for the facility, BerryDunn will develop a business plan for the proposed facility projecting the expenses, revenues, and cost recovery anticipated over the first five years of operating the facility. Our typical five- year pro forma would be based on the operational budget projections as well as all the information provided by the City. These figures will project trends in the increases in participation as well as estimated inflationary costs and/or price changes. Our team will provide well-written text, budget assumptions, operational budget, and a five-year pro forma that address all of the above components in a solid business plan format. These pieces are all integrated to provide the final assessment that will move the City forward with final programming and operational recommendations that are justifiable, well thought-out, and have backing and consensus from decision makers. Following review of the program options, a final program option will be further developed to take in to conceptual design and a detailed operational assessment. This process is anticipated to happen in virtual settings. 5. DESIGN CONCEPT DEVELOPMENT 5.1 Develop Facility Options. Based on the Design Program, we will prepare facility design concept options. We will provide a conceptual plan of each option. The purpose of the plans will be to illustrate ways to organize the spaces in a functional arrangement and to confirm that the facility footprint will contain the areas proposed in the visioning and program. Options will explore scales of facilities based both upon the needs assessment and as will fit within city-approved budgets. The Consultant will prepare an Opinion of Probable Construction Cost for the facility concepts. Recent project bid figures of similar projects will be used as well as national estimating guides and local cost adjustment factors. The “hard” construction cost figures will be supplemented by a development cost factor, which will include such "soft" costs as professional fees, survey, geotechnical report, document reproduction, FF&E, escalation contingencies and other such expenses related to the project. The sum of these two cost figures will be the anticipated total project cost. 5.2 Develop Master Plan Options. For purposes of this proposal, the conceptual design will be based on a specific selected site, or be site agnostic. Conceptual designs for multiple sites will be additional services. This process is anticipated to happen in virtual settings. 6. OPERATIONS ASSESSMENT AND COST ANALYSIS 6.1 Operational Budget Based on all the information gathered and provided, our team will review existing operational and capital budget performance and projections to include all expenses and revenues associated with a potential new facility and its amenities. The projected operational and capital budgets will include—but will not be limited to—staffing levels, benefits, insurance, commodities, contractual services, and utilities. This projection will consider hours of operations, special events schedules, other relevant schedules, and other key operating assumptions. Revenue opportunities will include (but not be limited to) pricing strategies, rentals, concessions, merchandising, programs, memberships/user fees, participation levels, events, partnerships, sponsorships, Page 505 of 512 08-2023 5 City of College Station cost recovery, and subsidy levels. We will base programming revenue on user groups and local programming fees. The fee structure will be based on identified fees from the different types of programs and activities. Examples include membership, daily rate, rental and program specific fees. We will estimate revenue by taking recommended fee schedules into account, and we will base user projections on programming. 6.2 Prepare Annual Operational Budget Projections. Based on all of the information gathered and provided, we will develop annual operational and maintenance budget projections to include all expenses and revenues associated with the facility. Fee structures will be based on the identified fees from daily use, rentals, passes, and other factors determined during the comparative analysis. Revenue is estimated taking recommended fee schedules into account. 6.3 Create a Projected Pro-Forma. Our team will create five-year pro-forma projecting the expenses, revenues, and anticipated cost recovery. The pro-forma will be based on the operational budget projections as well as all the information provided by the City. These figures will project increases in participation as well as estimated inflationary costs and/or price changes. This process is anticipated to happen in virtual settings. 6.4 Develop Recommendations and Implementation Strategies and Final Report. Our final report will assist in making short-term, mid-term, and long-term management decisions. The report will include recommendations, along with an Action and Implementation Plan. The Action and Implementation Plan is an important component for project success. This plan is developed through a half-day work session with the project team (and any other designated City staff or representatives) to help ensure a successful project start. This effort focuses on the first 18-months of project implementation and provides specific goals and work plans to guide success. Travel time is included for one BSW staff and one Berry Dunn. III. FEES: The Consultant’s fee shall be a lump sum fee for the above listed scope of work, broken down as follows: BSW BD ETC KHA Phase 1 Task 1: Project Planning $3,000 $10,654 Task 2: Needs Assessment $3,000 $38,754 Statistically-valid survey $15,000 Task 3: Market Analysis $5,000 $6,940 Site due diligence (up to 3 sites) $15,000 Phase 2 Task 4: Findings and Visioning $10,000 $8,030 Task 5: Concept Development $25,000 $7,770 $10,500 Task 6: Operations Assessment $1,000 $9,120 Task Total $47,000 $81,268 $15,000 $25,500 Total Fees: $168,768 Reimbursable budget allowance $12,000 Grand Total $180,768 The Consultant shall submit monthly statements based upon percentage of completion for that month. IV. OPTIONAL SERVICES: Optional services are offered as follows and must be authorized in writing. 1. Additional site due diligence (per site) $5,000 2. GIS mapping of community survey $1,500 Page 506 of 512 08-2023 6 City of College Station 3. Community survey language translation (per language) $800 4. On-site community survey presentation by ETC $2,500 5. Additional conceptual designs or renderings as negotiated V. ADDITIONAL SERVICES: All additional services must be authorized in writing. The Consultant shall be paid for additional services according to the following fee schedule: Principal / Project Manager $280.00/hour Project Architect II / Planner $205.00/hour Project Architect I $165.00/hour Architectural Designer $140.00/hour Administrative $95.00/hour Additional BSW site trips $1,500.00 /day * Berry Dunn $250.00/hour * Excluding travel expenses VI. SCHEDULE OF WORK: The Consultant recognizes the goal of this study is to complete all of the tasks listed above within approximately 9 months from project kick-off meeting, and will endeavor to do so following prompt receipt of a signed agreement and authorization to proceed. Review periods by the Owner, or other extensions not caused by the Consultant, will be added to the schedule as applicable. VII. CONTINUANCE: The owner shall have the right to continue with the consultant to develop the full plans for the project upon securing the required funding. This continuance would be accomplished as part of a new contract. Credit for this study shall be provided in the continuance contract provided scope does not materially change. VIII. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. ACCEPTED: CITY OF COLLEGE STATION BRINKLEY SARGENT WIGINTON ARCHITECTS BY:_______________________________ BY:__________________________ [sig] [sig] BY:_____________________________ BY:__________________________ [Title] Senior Principal Date:_________________________ Date:_________________________ Contact Information: Stephen Springs, AIA Brinkley Sargent Wiginton Architects 5000 Quorum, Suite 600 Dallas, Texas 75254 T 972.960.9970 www.bsw-architects.com Page 507 of 512 SELECT ONE: ExhibitB Payment Terms D Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of$ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent ( %) above the Consultant's actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract ($ ____ _, The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- I_~ I Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: See attached proposal. .. Contract No. 23300370 Professional Services -Consultant Form 08-10-2021 Page 508 of 512 Contract No. 23300370 Professional Services -Consultant Form 08-10-2021 ExhibitC Certificates of Insurance Page 509 of 512 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/1/2023 Risk Strategies 12801 North Central Expy. Suite 1725 Dallas, TX 75243 (214) 323-4602 (214) 503-8899 XL Specialty Insurance Company 37885 Travelers Property Casualty Co of Amer 25674 Charter Oak Fire Insurance Company 25615 Continental Insurance Company 35289 Travelers Indemnity Co of America 25666 E 2,000,0006806G06146412/15/2022 12/15/2023 1,000,000 3 10,000 3 2,000,000 3 Blket Contractual Liab. 4,000,000 3 Indt. Contractor 4,000,0003 C BA2R37718A 12/15/2022 12/15/2023 1,000,000 3 B CUP5G891100 12/15/2022 12/15/2023 2,000,00033 2,000,000 3 10,000 D 6025047351 1/1/2023 1/1/2024 3 1,000,000 1,000,000 1,000,000 A Professional Liability DPR5009136 2/15/2023 2/15/2024 Per Claim $2,000,000 Annual Aggregate $4,000,000 Joe Bryant Joe Bryant RSCcertrequest@risk-strategies.com Brinkley Sargent Wiginton Architects, Inc. 5000 Quorum Drive, Suite 600 Dallas TX 75254 76114112 3 3 33 3 3 3 3 to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies. City of College Station Attn: Jennifer Cain P.O. Box 9960 College Station TX 77842 The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject Re: Contract #23300370, Recreation Feasibility Study. 76114112 | 23/24 GL/AL/UL/WC/PL | Patra | 9/1/2023 2:38:17 PM (EST) | Page 1 of 1 Page 510 of 512 October 12, 2023 Item No. 8.4. Housing Action Plan Committee Appointments Sponsor: David Brower, Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding appointments to the Housing Action Plan Steering Committee. Relationship to Strategic Goals: Good Governance, Core Services & Infrastructure, Neighborhood Integrity, Diverse & Growing Economy Recommendation(s): None Summary: Council created the Housing Action Plan Steering Committee at their August 10, 2023 meeting by Resolution. The Housing Action Plan Steering Committee will advise and make recommendations for a Housing Action Plan to support the impactful implementation of housing goals in the Comprehensive Plan, specifically actions 2.3, 3.4, 3.6, and 3.9. Council has given the Housing Action Plan Steering Committee the following charge: “Advise on and make recommendations for the City of College Station Housing Action Plan in order to present a unified vision for the future and reflect the community’s vision for housing action and initiatives.” The Housing Action Plan Steering Committee is comprised of no more than 13 Council-appointed volunteers, including a chair and co-chair. The Committee will disband or sunset on October 1st, 2024, or when the Housing Action Plan is adopted by the City Council, whichever comes first. Budget & Financial Summary: N/A Attachments: None Page 511 of 512 October 12, 2023 Item No. 11.1. 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: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 512 of 512