HomeMy WebLinkAbout05/07/2025 - Regular Agenda Packet - City Council - Economic Development CommitteeOff"
CITY OF COIJ.EGE STATION
Home of Texas AerM University"
College Station, TX
Meeting Agenda
City Council City Council Economic Development Committee
1207 Texas Ave, College Station, TX 77840
Internet: www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 255 715 032 186 Passcode: N2F5e6wS
Phone: 979-431-4880 Phone Conference ID: 833 345 516#
The City Council may or may not attend this meeting.
May 7, 2025 3:00 PM
1. Call meeting to order and consider absence requests.
2. Hear Visitors.
Visit College Station Large
Conference Room
At this time, the Chairperson will open the floor to citizens wishing to address issues not already
scheduled on today's agenda. Each citizen's presentation will be limited to three minutes in order to
allow adequate time for the completion of the agenda items. Comments will be received and city staff
may be asked to look into the matter, or the matter may be placed on a future agenda for discussion.
A recording may be made of the meeting; please give your name and address for the record.
3. Agenda Items
3.1. Presentation, discussion, and possible action on the minutes of the February 5, 2025, Economic
Development Committee meeting.
3.2. Presentation, discussion, and possible action regarding an update on Tourism initiatives.
3.3. Presentation, discussion, and possible action regarding the Economic Development Master Plan.
4. Discussion and possible action on future agenda items.
A member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to
a proposal to place the subject on an agenda for a subsequent meeting.
5. Executive Session.
5.1. Real Estate {Gov't Code Section 551.072};
Possible action. The Committee may deliberate the purchase, exchange, lease or value of real
property if deliberation in an open meeting would have a detrimental effect on the position of the
City in negotiations with a third person. After executive session discussion, any final action or vote
taken will be in public. The following subject(s) may be discussed:
a. Approximately 8 acres of land located at 1508 Harvey Road.
b. Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the
Midtown Business Park.
5.2. Economic Incentive Negotiations {Gov't Code Section 551.0871;
Possible action. The Committee may deliberate on commercial or financial information that the
Committee has received from a business prospect that the Committee seeks to have locate, stay
or expand in or near the city which the Committee in conducting economic development
negotiations may deliberate on an offer of financial or other incentives for a business prospect.
College Station, TX Page 1
Page 1 of 74
City Council City Council Economic
Development Committee
After executive session discussion, any final action or vote taken will be in public. The following
subject(s) maybe discussed:
a. Economic development agreement for a development generally located at the intersection of
University Drive East and Tarrow Street.
b. Economic development agreement with Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a
Kalon Biotherapeutics LLC.
c. Economic development agreement for a development generally located at the intersection of
Raymond Stotzer Parkway and State Highway 47.
d. Economic development agreement with Corinth Group, Inc.
e. Economic development agreement for a development generally located in 3100 block of Harvey
Road.
f. Economic development agreement for a development generally located at the intersection of
FM 2154 and High Prairie Road in the City's ETJ.
6. Adjourn.
The Board or Commission 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 May 2, 2025 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary's Office at (979) 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."
Page 2
May 7, 2025
Page 2 of 74
(1"
CITY OF COTJ.EGE STATION
Home of Texas AthM University'
College Station, TX
Meeting Minutes
City Council City Council Economic Development Committee
1207 Texas Ave, College Station, TX 77840
Internet: www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 255 715 032 186 Passcode: N2F5e6wS
Phone: 979-431-4880 / Phone Conference ID: 833 345 516#
February 5, 2025 3:00 PM
Present:
Mayor John Nichols
Councilmember Bob Yancy
Councilmember William Wright
Staff in Attendance:
Jeff Capps, Deputy City Manager
Jennifer Prochazka, Assistant City Manager
Michael Ostrowski, Chief Development Officer
Adam Falco, City Attorney
Aaron Longoria, Assistant City Attorney
Brian Piscacek, Assistant Director Economic Development
Jeremiah Cook, Assistant Director, Tourism
Stacey Vazquez, Economic Development Coordinator
Lisa McCracken, Staff Assistant II
1. Call meeting to order and consider absence requests.
Visit College Station Large
Conference Room
The meeting of the Economic Development Committee was called to order by Mayor Nichols via
In -Person and Teleconference at 3:05 p.m. on February 5, 2025, in the Visit College Station
Conference Room, 1207 Texas Avenue, College Station, Texas 77840.
The Regular Session adjourned at 3:35 pm and proceeded directly into the Executive Session.
2. Hear Visitors.
No Visitors provided comments.
3. Agenda Items.
3.1. Presentation, discussion, and possible action on the minutes of the November 6, 2024,
Economic Development Committee meeting.
Motion by Councilmember Yancy to approve the Minutes, second by Councilmember Wright;
Motion passed 3-0.
College Station, TX Page 1
Page 3 of 74
City Council City Council Economic
Development Committee
3.2. Presentation, discussion, and possible action regarding an update on Tourism initiatives.
Michael Ostrowski, Chief Development Officer, presented a review of the 2024 hotel
performance in College Station. Calendar Year 2024 ended with a year -over -year increase in
occupancy, average daily rate, and revenue per available room (RevPAR), along with an
increase in total hotel revenues. Increases are contributed to a myriad of factors, including large
events at Kyle Field such as George Strait, the International Friendly between Mexico and
Brazil, USATF Junior Olympic Track & Field Championships, growth in the meetings and
conventions market, and a strong football season. Staff also provided an update on strategic
planning efforts for tourism and the convention center feasibility study.
3.3. Presentation, discussion, and possible action regarding an update to the Economic
Development Master Plan.
Brian Piscacek, Assistant Director Economic Development, provided an update on the Request
for Proposal (RFP) process for an updated Economic Development Master Plan. The RFP was
released on January 15, 2025, with proposals due on February 20 2025. It is anticipated this
plan will cover a period of three (3) to five (5) years and outline key goals, strategies, and action
items.
3.4. Presentation, discussion, and possible action on entrepreneurship efforts.
Brian Piscacek, Assistant Director Economic Development, provided update on recent
entrepreneurship efforts, including updates on a kickoff event for Plug & Play along with the
City's partnership regarding The Cannon's digital platform.
4. Discussion and possible action on future agenda items.
A member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
There were no future agenda items.
5. Executive Session.
In accordance with the Texas Local Government Code §551.072-Real Estate, §551.087-
Economic Incentive Negotiations, the Economic Development Committee convened into
Executive Session at 3:35 p.m. on February 5, 2025, to continue discussing matters pertaining
to:
5.1. Deliberation on the purchase, exchange, lease, or value of real property, to wit:
• Approximately 300 acres of land generally located at Corporate Parkway and Midtown
Drive in the Midtown Business Park.
Page 2
February 5, 2025
Page 4 of 74
City Council City Council Economic
Development Committee
5.2. Deliberation on an offer of financial or other incentives for a business prospect that the Council
seeks to have locate, stay, or expand in or near the City, to wit:
• Economic development agreement for a development generally located at the
intersection of University Drive and College Avenue.
• Economic development agreement with Fujifilm Diosynth Biotechnologies Texas, LLC,
f/k/a Kalon Biotherapeutics LLC.
• Economic development agreement for a development generally located at the
intersection of Raymod Stotzer Parkway and State Highway 47.
Executive Session recessed at 5:07 p.m. No action was taken.
6. Adjourn.
Mayor Nichols adjourned the meeting at 5:07 p.m.
Page 3
February 5, 2025
Page 5 of 74
May 7, 2025
Item No. 3.2.
Update on Tourism Initiatives
Sponsor: Jeremiah Cook, Assistant Director - Tourism
Reviewed By CBC: Economic Development Committee
Agenda Caption: Presentation, discussion, and possible action regarding an update on Tourism
initiatives.
Relationship to Strategic Goals:
• Good Governance
• Diverse & Growing Economy
Recommendation(s): Staff recommend that the committee receive the presentation.
Summary: Staff will provide an update on the Tourism Strategic Planning process, the 2nd Phase of
the Convention Center Feasibility Study, and the Tourism Committee.
Budget & Financial Summary: N/A
Attachments:
1. Minutes 20250326
Page 6 of 74
Ocff'
CITY OF COLLEGE STATION
Home of Texas Ae1 M University'
College Station, TX
Minutes
Tourism Committee
1207 Texas Ave, College Station, TX 77840
Internet: www.microsoft.com/microsoft-teams/ioin-a-meeting
Meeting ID: 281 643 426 251 I Passcode: AU7Lx3FE
The City Council may or may not attend this meeting.
March 26, 2025 3:00 PM
Commission members present: Courtney Phillips, Greg Stafford, Connor Clark,
Loy, Bill Peel, Jim Ross, Rhianon Whitney
1207 Event Space
Scott Logan, Paul
Commission members absent: Costa Dallis, Hunter Goodwin, Brandy Tuck
Staff present: Bryan Woods, Michael Ostrowski, Kelsey Heiden, Jeremiah Cook, Jo Beth Wolfe, Alex
Aguero, Angie Bertinot
1. Oath of Office and Statement of Appointed Officer.
2. Call to order and introductions.
Chairperson Phillips called the meeting to order at 3:06 PM.
3. Hear Visitors.
No visitors were present.
4. Agenda Items
4.1. Presentation, discussion, and possible action on the appointment of a vice -chairperson.
Motion by Chairperson Phillips to appoint Greg Stafford as Vice Chair; seconded by Commissioner
Logan. Motion carried 8-0.
4.2. Presentation, discussion, and possible action on future meeting dates for the Tourism Committee.
Motion by Commissioner Logan to have the monthly meetings occur on the last Wednesday of
the month at 3:OOPM; seconded by Commissioner Whitney. Motion carried 8-0.
4.3. Presentation, discussion, and possible action on an orientation to the Tourism Committee.
Staff gave a presentation on the role of the Tourism Committee and the work of the Tourism
division of the Economic Development & Tourism Department. Members asked questions about
the marketing, sports, and conventions work of the tourism division.
5. Discussion and possible action on future agenda items.
Members requested future agenda items on HOT grants, HOT funding, marketing plans,
Convention Center Feasibility Study, Tourism Strategic Plan, and the College Station brand book.
6. Adjourn.
Motion by Commissioner Stafford to adjourn at 5:37PM; seconded by Commissioner Peel.
Motion carried 8-0.
College Station, TX Page 1
Page 7 of 74
May 7, 2025
Item No. 3.3.
Economic Development Master Plan
Sponsor: Brian Piscacek, Assistant Director - Economic Development
Reviewed By CBC: N/A
Agenda Caption: Presentation, discussion, and possible action regarding the Economic
Development Master Plan.
Relationship to Strategic Goals:
• Diverse & Growing Economy
Recommendation(s): This contract will be in front of City Council on May 8, 2025, for consideration.
Summary: A Request for Proposals was released in January 2025 to identify a consultant partner
and develop a new Economic Development Master Plan, last updated in May 2020. Ten (10)
responses were received. Based on the evaluation criteria, TIP Strategies, Inc. provided the most
comprehensive proposal to address a roadmap for sustainable growth and development tailored to
the unique needs and opportunities of College Station.
Performance of these services includes in -person visits by TIP staff to College Station to 1) conduct
stakeholder engagement, including interviews, focus groups, and workshops; 2) present to City
Council offering initial findings following stakeholder feedback; and 3) present to City Council with the
final plan to coincide with the implementation workshop. TIP Staff will also be available for virtual
engagements with City staff and officials, to include the City Council's Economic Development
Committee.
Project deliverables include 1) project startup guide, 2) project meetings, 3) stakeholder input
sessions, 4) data visualizations, 5) ED Master Plan document, and 6) implementation matrix.
This contract will be in front of the City Council for consideration on May 8, 2025.
Budget & Financial Summary: A one-time Service Level Adjustment of $150,000 was included in
the FY 2025 Budget for this project.
Total project cost will not exceed $145,000. TIP Strategies will invoice the City in nine (9) equal
monthly progress billings of $15,000 from May 2025 through January 2026, for a total of $135,000.
The ninth and final invoice will be held until project completion.
An additional $10,000 in reimbursable out-of-pocket/travel expenses is included for project expenses
related to this engagement, to include such items as reasonable travel costs, data purchases, and
reproduction of materials with no mark-up.
Attachments:
1. 25300462 TIP Strategies, Inc.
Page 8 of 74
CONSULTANT CONTRACT
This Contract is by and between the City of College Station, a Texas Municipal Home -
Rule Corporation (the "City") and TIP Strategies, Inc. , a
Texas Corporation (the "Consultant"), whereby Consultant agrees to perform
and the City agrees to pay for the work described herein.
ARTICLE I
SCOPE OF SERVICES
1.01 This Contract is for Economic Development Master Plan Update (the
"Project"). The scope and details of the work to be provided to the City by Consultant are set forth
in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference.
Consultant agrees to perform or cause the performance of all the work described in Exhibit "A."
1.02 Consultant agrees to perform the work described in Exhibit "A" hereto and the City agrees
to pay Consultant a fee based on the rates set forth in Exhibit "B" to this Contract for the services
performed by Consultant. The invoices shall be submitted to the City following the 15th day and
the last day of each month. The payment terms are net payable within thirty (30) calendar days of
the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph
shall cease, provided, however, that Consultant shall be entitled to payments for work performed
in accordance with this Contract before the date of termination and for which Consultant has not
yet been paid.
ARTICLE II
PAYMENT
2.01 The total amount of payment, including reimbursements, by the City to Consultant for all
services to be performed under this Contract may not, under any circumstances, exceed
ONE HUNDRED FORTY-FIVE THOUSAND AND 00 / 100
DOLLARS ($ 145,000.00 ).
ARTICLE III
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. 25300462
Professional Services -Consultant
Form 4-20-23
Page 1
Page 9 of 74
(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
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.
Final Report Completion and All Associated Workshops will be complete by January 31, 2026.
- OR-
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."
Contract No. 25300462
Professional Services -Consultant
Form 4-20-23
Page 2
Page 10 of 74
ARTICLE V
INDEPENDENT CONSULTANT
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 of responsibility 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. 25300462
Professional Services -Consultant
Form 4-20-23
Page 1 3
Page 11 of 74
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.
ARTICLE VIII
INDEMNIFICATION & RELEASE
8.01 INDEMNITY
(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 THIRD PARTY, THEN CONSULTANT SHALL ONLY
INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE
Contract No. 25300462
Professional Services -Consultant
Form 4-20-23
Page 4
Page 12 of 74
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 named in 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. 25300462
Professional Services -Consultant
Form 4-20-23
Page 1 5
Page 13 of 74
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 of this 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
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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 1 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
of NV, ND, OH, WA, WV, and WY.
9.08 Professional Liability requirements. The following Professional Liability requirements
shall apply:
(a) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with
the current A.M. Best Key Rating Guide.
(b) 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
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period on this policy will not be sufficient to comply with the obligations hereunder.
(d) Retroactive date must be shown on certificate.
ARTICLE X
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 of liability
to the City for damages sustained by the City or because of any breach of contract by the
Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the
exact amount of damages due the City from the Consultant is determined and paid.
ARTICLE 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: CONSULTANT:
City of College Station
Attn: Brian Piscacek
P.O. Box 9960
College Station, Texas 77842
TIP Strategies, Inc.
Attn: Tracye McDaniel
13492 N Hwy 183, Ste 120-2
Austin, TX 78750
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 IRCA.
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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;
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(b) Bovcott Firearms. 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 firearm entity or firearm trade association; and
(c) Boycott Enemy 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.
11.14 Fraud Reporting. To reduce the risk of fraud and to protect the Contractor's
financial information from fraud, the Contractor must report to the City in writing at
VendorInvoiceEntrvncstx.gov if the Contractor reasonably suspects or knows if any of
their financial information has been subject to fraudulent activity or suspected fraudulent
activity.
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List of Exhibits
A. Scope of Services
B. Payment Schedule
C. Certificates of Insurance
TIP STRATEGIES, INC.
CITY OF COLLEGE STATION
By: tral1t, (UI 4ain.itl, By:
Printed Name: Tracye McDani el City Manager
Title: Presi dent Date:
Date: 4/29/2025
APPROVED:
City Attorney
Date:
Assistant City Manager/CFO
Date:
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Exhibit A
Scope of Services
Contract is for Economic Development Master Plan; as described in RFP 25-035.
Performance of these services includes in -person visits by TIP staff to College Station to 1) conduct
stakeholder engagement, including interviews, focus groups, and workshops; 2) present to City
Council offering initial findings following stakeholder feedback; and 3) present to City Council
with the final plan to coincide with the implementation workshop. TIP staff will also be available
for virtual engagements with City staff and officials, to include the City Council's Economic
Development Committee.
Project deliverables include 1) project startup guide, 2) project meetings, 3) stakeholder input
sessions, 4) data visualizations, 5) ED Master Plan document, and 6) implementation matrix.
Contract No. 25300462
Professional Services -Consultant
Form 04-20-2023
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