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10/23/2025 - Regular Agenda Packet - City Council
(*OF"" CPFY OF COLLEGE STATION Home of Texas A&M University® October 23, 2025 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: 287 987 474 1751 Passcode: gZw5cS Phone: 469-480-7460 1 Phone Conference: 168 564 318# 3:00 PM City Hall Council Chambers 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. 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. b. The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN-24- 005680 in the 200th District Court, Travis County, Texas. c. Legal advice regarding the process to acquire land for the Victoria Drive Roundabout project and the Greens Prairie Road Widening project. d. Legal advice regarding baseball fields at Veterans Park and in the Midtown area. 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 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 28 acres of land generally located at Midtown Drive and Corporate Parkway in the Midtown Business Park. c. Property generally located in the 3100 block of Harvey Road. College Station, TX Page 1 Page 1 of 417 City Council 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 Judge b. City Secretary c. Internal Auditor d. City Attorney e. City Manager f. Council Self -Evaluation 2.4. Economic Incentive Negotiations (Gov't Code Section 551.087); Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Funding agreement with Greater Brazos Partnership for services related to Plug and Play. b. Economic development agreement with Corinth Group, Inc. c. Economic development agreement with Southern Roots. d. Economic development agreement with College Station Town Center, LP. e. Economic development agreement for a development generally located at the intersection of University Drive and College Avenue. f. Economic development agreement for a development generally located in 3100 block of Harvey Road. 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. Comments should not personally attack other speakers, Council or staff. 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 the week of November 3-7, 2025 as "Municipal Court Week." Sponsors: Tanya Smith Attachments: 1. 25 Muni Ct Week Page 2 October 23, 2025 Page 2 of 417 City Council 5.2. Presentation of a proclamation recognizing November 7, 2025 as "Texas Arbor Day." Sponsors: Kelsey Heiden Attachments: 1. 25 Texas Arbor Day 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: • October 9, 2025 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM100925 DRAFT Minutes 7.2. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking at any time" of the Code of Ordinances of the City of College Station, Texas to remove stopping, standing, and parking between certain hours on Timber Drive, Timber Creek Lane, Buffalo Creek Loop, Cottonwood Creek Lane. Sponsors: Emily Fisher Attachments: 1. Ordinance - Timber Drive 2. NPSS - Timber Creek Neighborhood 7.3. Presentation, discussion, and possible action regarding the approval of a resolution accepting the Federal FY-2024 Staffing for Adequate Fire and Emergency (SAFER) Grant in the amount of $2,572,850.99. Sponsors: Richard Mann Attachments: 1. EMW-2024-FF-00005 - Award Package 2. Safer Grant 2025 Resolution 7.4. Presentation, discussion, and possible action approving a resolution authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $349,140. Sponsors: Mary Ellen Leonard Attachments: 1. Animal Shelter Resolution FY26 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 FY26 in the amount of $5,000. Sponsors: Mary Ellen Leonard Attachments: 1. Amber Alert FY26 Funding Agreement 7.6. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Center of Brazos Valley for FY26 in the amount of $35,000. Sponsors: Mary Ellen Leonard Attachments: 1. Arts Center - FY26 General Fund Funding Agreement 2. ACBV-Approved FY26 Budget- 9.5.25 Page 3 October 23, 2025 Page 3 of 417 City Council 7.7. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Center of Brazos Valley for FY26 in the amount of $583,406. Sponsors: Mary Ellen Leonard Attachments: 1. Arts Center FY26 Funding Agreement - HOT Fund 7.8. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY26 in the amount of $25,000. Sponsors: Mary Ellen Leonard Attachments: 1. Chamber of Commerce FY26 Funding Agreement 7.9. Presentation, discussion, and possible action on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY26 in the amount of $49,230. Sponsors: Mary Ellen Leonard Attachments: 1. FY26 Funding Agreement Keep Brazos Beautiful 7.10. 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 FY26 in the amount of $30,000. Sponsors: Mary Ellen Leonard Attachments: 1. Veterans Memorial FY26 Funding Agreement 2. BVVM 2026 Budget - Approved Budget 3-12-25 3. 2 BVVM 2026 Approved Budget - Funding Applications 7.11. Presentation, discussion, and possible action on a funding agreement between the City of College Station and The Greater Brazos Valley Partnership for FY26 in the amount of $350,000. Sponsors: Mary Ellen Leonard Attachments: 1. Greater Brazos Partnership FY26 Funding Agreement 7.12. Presentation, discussion, and possible action regarding the enactment of Texas Senate Bill 1173 and requirements outlined in the Texas Local Government Code Chapter 252 regarding raising the statutory threshold to $100,000 for competitive bidding and competitive proposal requirements. Sponsors: Mary Ellen Leonard Attachments: 1. Threshold Increase - CMO Memo 7.13. Presentation, discussion, and possible action on approval of the 2025 Property Tax Roll in the amount of $79,763,607.20 Sponsors: Mary Ellen Leonard Attachments: 1. City of College Station Signed Levy Notification 2. City of College Station LevyTotals 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action on the Northgate Small Area Plan Engagement Report Update. Sponsors: Anthony Armstrong Attachments: 1. Northgate SAP Action Items 8.2. Presentation and discussion regarding overnight parking options in residential areas near the University. Sponsors: Jennifer Prochazka Attachments: None Page 4 October 23, 2025 Page 4 of 417 City Council 8.3. Presentation, discussion, and possible action regarding the Veterans Park baseball field project, potential baseball fields in the Midtown area, and other capital projects. Sponsors: Bryan Woods Attachments: None 9. Regular Agenda. 9.1. Presentation, discussion, and possible actions on an ordinance authorizing the redemption of a portion of City of College Station General Obligation Improvement & Refunding Bonds, Series 2013 and approving a related escrow agreement. Sponsors: Michael DeHaven Attachments: 1. Ordinance Redeeming Outstanding Bonds (COCS) (ver 1) 2. Ordinance Redeeming Outstanding Bonds (COCS) (ver 1) - Signature Pages 9.2. Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, determining that fee simple interests, public utility interests, public access and landscape easement interests, and right of way interests are needed and needs to be acquired from the landowners, for the Greens Prairie Road Phase 2 Widening project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Sponsors: Jennifer Cain Attachments: 1. Resolution Eminent Domain Greens Prairie PH2 Widen 2. Greens Prarie Project Map 9.3. Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, determining that fee simple interests and right of way interests are needed and needs to be acquired from the landowners, for the Victoria Avenue Roundabout and Sidewalk project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Sponsors: Jennifer Cain Attachments: 1. Resolution Eminent Domain Victoria Roundabout w Exhibits 2. Victoria Project Map 9.4. Presentation, discussion, and possible action on the development of a request for proposals for a live entertainment promoter for the Wolf Pen Creek Amphitheater. Sponsors: Michael Ostrowski Attachments: 1. Request for Proposals - Wolf Pen Creek Promoter 9.5. Presentation, discussion, and possible action on an amendment to the Construction Manager at Risk (CMAR) Contract with Crain Group, LLC accepting the CMAR's proposed Guaranteed Maximum Price (GMP No. 1) of up to $4,805,696 for the Phase I Infrastructure of VPAC Baseball Fields plus the City's contingency in the amount of $200,000 for a total appropriation of $5,005,696. Sponsors: Jennifer Cain Attachments: 1. 25300062_VPAC CMAR Amendment No.1 GMP 1 Option 1 - $3.6M 2. 25300062_VPAC CMAR Amendment No.1 GMP 1 Option 2 - $4.8M 9.6. Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. Sponsors: Tanya Smith Attachments: 1. Ltr Cities BVSWMA BoD 2025 Page 5 October 23, 2025 Page 5 of 417 City Council 10. Items of Community Interest and Council Calendar. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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. 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 16, 2025 at 5:00 p.m. Q—k4�QWk City Sec6tary 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 4 30.07. Trespass by License Holder with an Openly Carried Handgun. Page 6 October 23, 2025 Page 6 of 417 City Council "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." Codiqo 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 7 October 23, 2025 Page 7 of 417 October 23, 2025 Item No. 5.1. Municipal Court Week Proclamation Sponsor: Tanya Smith, City Secretary Reviewed By CBC: N/A Agenda Caption: Presentation proclaiming the week of November 3-7, 2025 as "Municipal Court Week." Relationship to Strategic Goals: - Good Governance Recommendation(s): Receive the Proclamation. Summary: Join municipal courts, city councils, and communities throughout Texas in showing appreciation for the dedicated municipal judges, court clerks, court administrators, prosecutors, bailiffs, and warrant officers who comprise the Texas municipal courts from November 3-7, 2025. Municipal Court Week is a great time to not only recognize how much municipal courts do, but to share with the public the important role that local courts and their personnel play in the criminal justice system and the larger community. TMCEC encourages all cities to adopt the attached proclamation in recognition of Municipal Court Week. All cities that adopt the proclamation and notify TMCEC of its adoption will be recognized by TMCEC in a future edition of The Recorder. Budget & Financial Summary: None. Attachments: 25 Muni Ct Week Page 8 of 417 �o Proclamation WHEREAS, the Municipal Court of College Station, a time honored and vital part of local government, has existed since January 8, 1952; and WHEREAS, more people, citizens and non -citizens alike, come in personal contact with municipal courts than all other Texas courts combined; and WHEREAS, public impression of the entire Texas judicial system is largely dependent upon the public's experience in Municipal Court; and WHEREAS, Municipal Judges and court support personnel have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct; and WHEREAS, the Municipal Courts play a significant role in preserving the quality of life in Texas communities through the adjudication of traffic offenses, ensuring a high level of traffic safety for our citizens; and WHEREAS, the Municipal Courts serve as the local justice center for the enforcement of local ordinances and fine -only state offenses that protect the peace and dignity of our community and our state; and WHEREAS, the Municipal Judges and Clerks continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the 878 Texas Municipal Courts, and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior. NOW, THEREFORE, I, John P. Nichols, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, do hereby proclaim November 3-7, 2025 as Municipal Court Week and further extend our appreciation to College Station Municipal Judge Spillane and court support personnel for the vital services they perform and their exemplary dedication to our community and call upon all residents of College Station to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the communities they represent. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 23rd Day of October, 2025 ?John P. Nichols Mayor Attest: Tanya Smith City Secretary Page 9 of 417 October 23, 2025 Item No. 5.2. Texas Arbor Day Proclamation Sponsor: Kelsey Heiden Reviewed By CBC: City Council Agenda Caption: Presentation of a proclamation recognizing November 7, 2025 as "Texas Arbor Day." Relationship to Strategic Goals: Core Services and Infrastructure Sustainable City Recommendation(s): Summary: All across Texas, from towering pines to majestic oaks to scrubby mesquites — the many trees of Texas are beautiful and prominent features of our unique and breathtaking landscape. As Texans, we value our trees and the benefits they provide each of us every day. Benefits like clean air, clear water, improving our health and even saving us money on energy bills. We encourage people in our community to plant trees and celebrate them on the first Friday each November on Texas Arbor Day. With Halloween season and Texas Arbor Day falling back-to-back in 2025, we are thrilled to celebrate the many Treats that Texas Trees provide on Friday, October 24th from 5:30 pm — 8:30pm. Join the City of College Station and Texas A&M Forest Service celebrating Texas Trees at Trunk or Tree-T at Wolf Pen Creek. The free, family -friendly event will host booths with games, children's activities, prizes, treats, and FREE TREES! Texas first observed Arbor Day in 1889, under the leadership of the Texas Forestry Association. This holiday for trees is an opportunity to teach fundamental lessons about the stewardship of our natural resources and caring for our environment. It is an opportunity to learn what each of us can do to keep our community trees healthy and vibrant. And it is a time we can pause to appreciate trees in our lives. Together, we can create a brighter and more beautiful future for the next generation. Budget & Financial Summary: N/A Attachments: 25 Texas Arbor Day Page 10 of 417 Proclamation Texas Arbor Day Whereas: Texas Arbor Day is celebrated on the first Friday of November as a day set aside for the planting of trees; and Whereas: trees can reduce erosion, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife, and Whereas: trees in our city increase property values, enhance economic vitality, and beautify our community, and Whereas: the Texas A&M Forest Service alongside College Station Parks and Recreation Department is celebrating the many Treats that Texas Trees provide on Friday, Oct. 24th at Trunk or Tree-t at Wolf Pen Creek Park, and Whereas: the A&M Garden Club in partnership with the College Station Parks and Recreation Department is hosting an Arbor Day Ceremony on Friday, November 7th at Richard Carter Park. Wow, Therefore, I, John P. Nichols, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, do hereby proclaim November 7, 2025, as Texas .Arbor Day In Testimony Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 23rd day of October 2025. John P. Nichols Attest: Mayor Tanya mith City Secretary �O. Page 11 of 417 October 23, 2025 Item No. 7.1. October 9th Meeting Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • October 9, 2025 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM100925 DRAFT Minutes Page 12 of 417 MINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION OCTOBER 9, 2025 STATE OF TEXAS § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith, Mayor ProTem William Wright David White Melissa McIlhaney Bob Yancy Scott Shafer Citv Staff: Bryan Woods, City Manager Jeff Kersten, Assistant City Manager Adam Falco, City Attorney Aaron Longoria, Assistant City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In -Person and Teleconference at 3:00 p.m. on October 9, 2025, 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 and §551.074- Personnel, and the College Station City Council convened into Executive Session at 3:01 p.m. on October 9, 2025, to continue discussing matters pertaining to: 2.1. Deliberation on the appointment, emvlovment, evaluation, reassignment, duties, discipline, or dismissal of a public officer: to wit: • Internal Auditor • City Attorney • City Manager • City Secretary • City Judge • Council Self -Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and Citv Council will take action, if anv. CCM 100925 Minutes Page 1 Page 13 of 417 Executive Session recessed at 6:14 p.m. 4. Pledge of Allegiance. Invocation, consider absence request. Invocation given by Chaplain Mike Armstrong, College Station Fire Department. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming October 9, 2025 as "Bonfire Dav" to Aggie Bonfire Volunteers who turned tradition into a lifeline during the Kerrville Floods 2025. Mayor Nichols presented a proclamation to Aggie Bonfire Volunteers: Dion McInnis, Board of Directors; Ethan Scherff '26; Bryce Ridgeway '27; Korben Poole '27; Aidan Moon '27; Laurel Huff '26; James Wheeler '27; Jesus Villasana '27; Carson Burkhart '26 and other student volunteers declaring October 9, 2025 as "Bonfire Day" in honor of the organizations work during the Kerrville Floods of 2025. 5.2. Presentation of a proclamation recognizing and celebrating College Station Noon Lions Club's 75th Anniversarv. Mayor Nichols presented a proclamation to Ron Gay; James Haverland; Tommie Haverland; Linda Harvell and Pam Smits celebrating the College Station Noon Lions Club's 75th Anniversary. 6. Hear Visitors Comments. Stacey Nehring, College Station, addressed the Council about traffic issues on Carol Fanter Way near The Langford senior living facility. As the executive director of Langford Senior Living, she has been seeking help with traffic and safety concerns for over a year and is asking the city to take responsibility for the road, enforce speed limits, and implement safety measures, suggesting a three-way stop at the entrance as an immediate solution. 7. CONSENT ITEMS 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. Anv Councilmember may remove an item from the Consent Agenda for a separate vote. Items (7.5) and (7.6) were pulled by the Council for clarification. (7.5) Jeff Kersten, Assistant City Manager, explained that the decision to capitalize all capital expenditure is under review. Normally, the tree projects are funded from the operating budget and existing fund balance, rather than being included in capital projects funded by debt issuance. Funds for park -related projects typically come from issued debt used over time. The city has the option to use its fund balance or allocate budget funds for various projects, including this one. Non -recurring expenses, such as tree planting, differ from recurring expenses like salaries. He stated that eleven areas and parks have been identified for the 484 trees in this contract. Trees will be planted at Edelweiss Park (59 trees) and Edelweiss Gardens (73 trees in upper and lower areas), with maps indicating specific locations. Additional tree planting will occur within the city's current park system, excluding the Police Department and Municipal Court. All other trees are designated for city parks. CCM 100925 Minutes Page 2 Page 14 of 417 Mayor Nichols opened for Citizen Comments on Consent Item 7.5. (7.5) Amy Alge, College Station, presented a five-year urban heat mitigation plan, "Cooling College Station" which was previously presented by staff, targeting sports fields, walking paths, and parks for tree planting. She proposed involving TAMU students to identify sites and reduce costs. She emphasized the importance of preserving existing trees, which require no watering and offer significant cooling, Ms. Alge questioned the $3.7 million budget for new trees and suggested potential savings. There being no further comments, Citizen Comments for Consent Item 7.5 was closed. (7.6) Mary Ellen Leonard, Finance Director, clarified the need to resolution consenting to the Rock Prairie Management District 2's (RPMD2) issuance of tax road bonds. She confirmed that this document does not set the tax rate for Midtown residents, but it is a contractual agreement to reimburse developers for roads once property improvements reach a certain level. The tax rate is set by the Rock Prairie Management District, not the city, and for 2024 and 2025, it remains at 0.65. Mayor Nichols opened for Citizen Comments on Consent Item 7.6. (7.6) Debbie Drastata, College Station, presented a history of Council discussions on RPMD2 issuance of tax road bonds since 2021. She noted a 30% tax increase in RPMD2 as of 2024 and the repayment is the responsibility of Midtown and Rock Prairie Management District residents and businesses. She proposed that the district be dissolved and the city absorb the $13.9 million cost to avoid burdening the 600 homeowners. There being no further comments, Citizen Comments for Consent Item 7.6 was closed. 7.1. Presentation, discussion, and possible action of minutes for: September 25, 2025 Council Meeting September 29, 2025 Special Meeting 7.2. Presentation, discussion, and possible action to approve an Interlocal Agreement (ILA) with the Citv of Brvan, operating through Brvan Texas Utilities (BTU), to share the costs for the Citv of College Station's portion of an electric transmission line reconductor from Greens Prairie Substation to an endpoint within the College Station service area in the estimated amount of $900,542. 7.3. Presentation, discussion, and possible action on contract awards for Electric Underground Distribution Construction, not -to -exceed $300,000 to Sterling Global Industries, LLC and mot- to -exceed $200,000 to H&B Construction, LTD, for a combined total not -to -exceed amount of $500,000. 7.4. Presentation, discussion, and possible action regarding Ordinance No. 2025-4634 amending Section 2-95 of the Code of Ordinances regarding the Audit Committee. 7.5. Presentation, discussion, and possible action on a construction contract with Green Teams, Inc., in the amount of $192,259.32 for tree planting and irrigation installation services, plus the Citv's contingencv in the amount of $19,225.93, for a total appropriation of $211,515.25; and presentation, discussion, and possible action authorizing the purchase of 484 trees for CCM 100925 Minutes Page 3 Page 15 of 417 $101,320.00 from SiteOne Landscape Supply for the Cooling College Station Urban Heat Mitigation Initiative per Bid No. 25-082. 7.6. Presentation, discussion, and possible action regarding adoption of Resolution No. 10-09- 25-76 granting consent to Rock Prairie Management District No. 2 for the sale and issuance of unlimited tax road bonds, series 2025, in an amount not to exceed $2,750,000. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation and discussion of a proposal from Southern Roots regarding the potential development of a baseball complex on land within the Midtown Business Park. Michael Ostrowski, Director of Economic Development, announced Southern Roots' proposal for an 80-acre, 9-field all -turf baseball complex in Midtown Business Park. Aiming to attract national sports tourism and meet local youth baseball needs, the project was relocated from outside City limits near Millican Reserve to Midtown due to better infrastructure, visibility, alignment with development goals, and reduced risk. He stated that currently the city has plans for three additional baseball fields at Veterans Park, including a championship field for the Brazos Valley Bombers, and the City Council may want to consider how the project might affect these plans. Mr. Ostrowski explained that if the Southern Roots project moves forward the expansion plan for Veterans Park, estimated at $30-$35 million, may be a consideration along with the opportunity cost of removing Midtown site from future employment -based development Proposed Complex Considerations as Proposed: • City would provide 80-100 acres of land and capital participation of $15-$20 million • Possible change in future use of Midtown Business Park • Potential Veterans Park and Athletic Complex ballfields project economic impact Thomas Rogers, Southern Roots, stated that they are seeking a public —private partnership with the city to bring to life an 80-acre, 9-field, all -turf tournament baseball complex which would anchor Midtown as family -oriented destination, deliver long -envisioned amenities to the area, and position College Station as a national sports tourism hub. They believe that with public opposition to industrial uses in Midtown, this project could be a better fit and attract visitors and support local businesses but would consume land zoned for future business. A draft site plan preserves frontage along Midtown Drive for future development, includes a future academic baseball academy, and additional educational and economic opportunities. In addition, they would provide weekday field access at no cost for local youth leagues and city programs which would be measurable, scheduled, and reported annually. The city would be minority participant with a total project build -out cost of $55-60 million. Southern Roots Requests of the Citv of College Station • Land: Donate 80 acres in the Midtown district (behind Costco) with an option to purchase 20 acres for future expansion. • Capital Participation: $15MM-$$20MM (eligible to phase over 2-3 years). 15M for base model and an additional 5M to incorporate a 3,800-seat stadium with press box and suites. • Capital Improvements such as roads, sewage, and water infrastructure. • Rezoning for this use. CCM 100925 Minutes Page 4 Page 16 of 417 Mayor Nichols opened for Citizen Comments. James Murr, College Station, addressed the Council, emphasizing the community's desire to bring baseball fields back to Midtown. He highlighted strong resident support for Thomas's proposal and criticized Veterans Park's (VPAC) side fields as unsuitable. Mr. Murr recommended a public -private partnership and suggested reallocating funds from ancillary fields at VPAC to expedite the project. Jeffery Hughes, College Station, voiced support for the baseball complex project, citing its potential economic benefits, local business boost, and attraction of visitors. He recommended incorporating community input to align the project with residents' values, advocating for a collaborative approach. Rex Sanders, College Station, raised concerns about Baseball Academies emerging due to the legislature's school voucher system. These academies recruit high school athletes with promises of scholarships, causing athletes to leave their local schools and communities to lose talent. Mr. Sanders explained that state athletic associations and local coaches oppose this trend and hope the Council will address these issues by supporting this development. There being no further comments, Citizen Comments was closed. The Council directed staff to continue discussions with Southern Roots on this project, keeping the veterans' options open with goal is to finalize aspects like timing, funding, and agreement terms within a given period to make a go or no-go decision on both projects in the near future. Mayor Nichols recessed the meeting at 9:17 p.m. The meeting was reconvened at 9:26 p.m. 8.2. Presentation, discussion, and possible action on a Midtown Small Area Plan. Anthony Armstrong, Director of Planning and Development, stated that this item is an opportunity for the Council to discuss their vision for a Small Area Plan for Midtown. He presented the reviewed options, objectives, scope, and a possible timeline for completion. Mr. Armstrong requested that council define the planning area's boundaries, topics, and data included as well as prioritize this effort alongside existing projects like Northgate and the Harvey Road Corridor Small Area Plans. Potential Options for City Efforts in Midtown • Full Small Area/Neighborhood Planning effort ✓ Recent ex.: Northeast Gateway Plan • "Abbreviated SAP"/Engagement Plan ✓ Recent ex.: Greater Northgate Plan • Land Plan Charrette ✓ Recent ex.: None. Process is a workshop -style public engagement effort to address specific issues or areas. • Council direction on specific items ✓ Exs.: Build Town Lake Dr. bridge, area signage, rebrand the water tower, etc. Ongoing Planning Work • State Planning Conference Mobile Workshops (TxAPA 2025) • Comprehensive Plan Amendments, 5-Year Update • Harvey Road Redevelopment Area Small Area Plan (SLA for FY26) • Greater Northgate Small Area Plan (Workshop on Engagement Report Update on 10/23/2025) CCM 100925 Minutes Page 5 Page 17 of 417 • Active Transportation Master Plan Update • Support for Various Master Plan Updates (Parks & Recreation, Water/Wastewater) • Other Plan Implementation Activities (Comprehensive Plan, Northeast Gateway, Wellborn, Housing Action Plan) What We'd Do / What It Could Look Like Pre -Planning Planning • Identify Plan Boundaries • Draft Timeline • Preliminary Existing Conditions Analysis • Public Participation Plan • Appoint Steering Committee 1 Working Group • Data Collection • Finalize Existing Conditions Report • Implement Public Participation Plan • Survey • Workshops • Other Activities • Determine Vision & Goals Example Small Area Plan Process: Plan Development • Refine Findings • Development Plan Chapters • Present to Steering Committee/Working Group • Hold Workshops & Open House • Finalize Draft per Input & Feedback • Prepare for P&Z & Council PHASE 1 PHASE 2 WORKSHOPS PHASE 3 PLAN PLAN ADOPTION BRANDINGI IDENTITY GOALSETTING WITH APPOINTED ACTION FINALIZATION &ELECTED IDENTIFICATION AND FINAL PUBLIC BY APPOINTED &ELECTE❑ IMPLEM EN7A710N OFFICIALS ENGAGEMENT OFFICIALS Timeline, Milestones, & Deliverables Quarter It Milestones A Q2 2026 (Jan -Mar 2026) Pre -Planning, Branding, Working Group Formed, Consultant Selection (if used) Q3 2026 (Apr -Jun 2026) Project Launch, Existing Conditions,Visioning, Initial Engagement Q4 2026 (Jul -Sept 2026) Scenario Planning, Plan Development, Design Workshops, Drafting Q 1 2027 (Oct -Dec 2026) Public Review, Plan Revisions Q2 2027 (Jan -Mar 2027) Adoption Process, Implementation Launch, Alignment with City Initiatives -> Deliverables --), Existing Conditions Report Community Engagement Summary Selected Scenario Vision and Strategy Map Full Small Area Plan Plan (print and web) Implementation Matrix (timeline, partners, funding) Plan Integration Strategy (Achievelt + annual CIP) Mayor Nichols opened for Citizen Comments. James Murr, College Station, stated that he is advocating for the Midtown plan's implementation, emphasizing what he feels is the promise of city investment since 2012. He went on to state that residents are dissatisfied with their higher tax rates due to a lack of commercial developments in the area, which they believe requires significant city leadership and investment to change. CCM 100925 Minutes Page 6 Page 18 of 417 Shelby Behm, Midtown, came before council promoting a comprehensive approach to Midtown. She highlighted learning from past experiences, setting clear goals, and securing community buy -ins before proposing large plans. She endorses involving all stakeholders and ensuring documented commitments with measurable actions and timelines. Jeffery Hughes, College Station, expressed his strong support for a community area planning workshop. He emphasized the importance of this initiative for maintaining neighborhood integrity and attracting beneficial investments. Mr. Hughes underlined the potential of converting unused land into spaces suitable for recreation, business, and family activities. Amy Alge, College Station, came before council urging the city to invest in the long-awaited Midtown plan after years of delays. She expressed dissatisfaction with the higher tax rates in Midtown Reserve, attributing this to the absence of development caused by a lack of leadership by the city. There being no further comments, Citizen Comments was closed. A consensus of Council decided staff to use a charrette-style approach for the land plan, with the assumption that the city will proceed with baseball fields as proposed in 8.1 by Southern Roots. Staff was requested start the process after 30 days, engaging stakeholders in two to four open house community meetings to gather input on land use planning, capital expenditure preferences, and seeking general feedback from the public. Additionally, identify other desired capital expenditures, ensure trail connectivity between all parks, and return with the logistics of a Lakeway bridge project. 8.3. Presentation, discussion, and possible action regarding policies and procedures related to real estate transactions, economic development incentives, development agreements, and non- disclosure agreements. Michael Ostrowski, Director of Planning and Development, provided an overview of the City's procedures concerning real estate transactions, economic development incentives, development agreements, and non -disclosure agreements (NDAs). Mr. Ostrowski explained that this item aims to elucidate the standard processes currently in place for each of these areas and to foster a broader discussion on potential refinements to enhance awareness and public engagement. General Process • Item or request is submitted to the Council for direction. • Based on that direction staff engages in negotiations. • Council receives updates on the progress of negotiation and provides additional direction. • If a preliminary agreement is established, the item is added to the Council agenda for presentation, discussion, and possible action. Potential Options • Require a non -decision workshop session prior to finalizing any property transaction or economic development incentive, providing an opportunity for public discussion and feedback. • Arrange public engagement gatherings (Meet the Project) for significant development or redevelopment initiatives to encourage community participation. • Create a standardized template for non -disclosure agreements and/or require Council consent for non -disclosure agreements related to development projects. • Require Council consent for both the language and scoring criteria utilized in bid/proposal requests. CCM 100925 Minutes Page 7 Page 19 of 417 • Council to take formal action in an open session after any executive session where direction is given on a specific item. • Update or modify guidelines for economic development incentives to ensure they align with current objectives. Mayor Nichols opened for Citizen Comments. Jeffery Hughes, College Station, addressed the Council about concerns regarding non -disclosure agreements (NDAs) in city government. He argued that NDAs undermine public trust and accountability by limiting transparency, especially in significant decisions like economic development deals. Mr. Hughes highlighted that secrecy could reduce community input, obscure conflicts of interest, and diminish confidence in leadership. He recommends public disclosure of all agreements involving public funds, an open forum for residents before any action, and urged the Council to adopt transparent practices. Lloyd Davis, College Station, addressed the Council about NDAs, specifically. He made two suggestions on NDAs: real estate transactions should require signatures from a majority of Council members, not just staff and must expire at least three weeks before the topic is discussed publicly so the public can review and provide input. There being no further comments, Citizen Comments was closed. The majority of the Council has directed staff to bring back a policy incorporating a mix of the options presented with the goal of formalizing a process for the disclosure of NDA's and requiring period of public input before Council action. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2025-4635 vacating and abandoning a 0.031 acre portion of a generally 20-foot-wide Public Utilitv Easement, said easement lving over, across, and upon Lot 1, Block 1 of the Athletic Complex Subdivision, generally located at 1812 Welsh Ave, according to the plat recorded in Volume 1140, Page 497 of the Official Public Records of Brazos Countv, Texas. Gillian Sider, Planning and Development, explained that the request for public utility easement abandonment is being made by the applicant to facilitate the construction of an entrance to the football field at the current easement location. Initially, the easement was created to accommodate a water line, which is now being relocated to the north. A new easement will be dedicated to encompass the relocated water line. The public utility is situated approximately one thousand three hundred and eighty (1380) feet northwest of the intersection of Harvey Mitchell Parkway and Welsh Avenue. At approximately 12:26 a.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 12:26 a.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4635, vacating and abandoning a 0.031 acre portion of a generally 20-foot-wide Public Utility Easement, said easement lying over, across, and upon Lot 1, Block 1 of the Athletic Complex Subdivision, CCM 100925 Minutes Page 8 Page 20 of 417 generally located at 1812 Welsh Ave, according to the plat recorded in Volume 1140, Page 497 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action on Resolution No.10-09-25-9.2 authorizing the change in use of certain parkland property for sanitary sewer lines within certain College Station parkland sections known as the Memorial Cemetery of College Station, generally located southwest of Harvev Mitchell Parkwav and northwest of Raymond Stozer Parkwav to serve property located within the College Station citv limits, but also within the Certificate of Convenience and Necessitv service area for Citv of Brvan sanitary sewer system; plus the Council's determination that the use of parkland property is allowable and that no other feasible or prudent alternative exists for the sanitary sewer lines for the proiect, and that all reasonable planning measures have been taken to minimize the harm to such parkland. Gillian Sider, Planning and Development, explained that the owner of a property at 3735 F&B Road in College Station wants to develop a commercial site near Harvey Mitchell Parkway South and F&B Road. To do this, the land needs to be platted and meet all City of College Station requirements, including having proper sanitary sewer access. Even though it's within College Station's city limits, it falls under the City of Bryan's service area for sanitary sewer due to an agreement between the two cities. The proposed project involves extending sewer lines along the edge of Memorial Cemetery of College Station parkland. This is part of a long-term goal to redirect sewer flow into a new City of Bryan sewer line. The proposed extension is about 671 feet, and necessary easements have already been granted. Approval of this change is not expected to negatively impact on the park. Mrs. Sider explained that under Texas Parks and Wildlife Code Chapter 26: Change of Use cannot be Approved Unless Determined that: 1. There is no feasible and prudent alternative to the use or taking of such land; and 2. The program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. This proposal was made public through local newspaper notices and was discussed at the September 9, 2025, Parks and Recreation Advisory Board meeting, where it received unanimous approval. At approximately 12:31 a.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 12:31 a.m. MOTION: Upon a motion made by Councilmember McIlhaney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approved Resolution No. 10- 09-25-9.2, vacating and abandoning a 0.031 acre portion of a generally 20-foot-wide Public Utility Easement, said easement lying over, across, and upon Lot 1, Block 1 of the Athletic Complex Subdivision, generally located at 1812 Welsh Ave, according to the plat recorded in Volume 1140, Page 497 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A. Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas, by changing the zoning district boundary from R Rural to GS General Suburban, for approximately 237.65 acres, generally located on Greens Prairie Road, east of the intersection of Greens Prairie Road and W.S. Phillips Parkway. CCM 100925 Minutes Page 9 Page 21 of 417 This item was pulled to a future agenda. 9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4636 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas by changing the zoning district boundaries from R Rural to E Estate on approximately 4 acres generally located at the corner of Yauvon Lane and Bradlev Road. Garrett Segraves, Planning and Development, indicated that this application seeks to rezone 4.073 acres of land located at the intersection of Yaupon Lane and Bradley Road, from R Rural to E Estate. The property is currently undeveloped; however, the current owner intends to subdivide it for familial use. The purpose of the rezoning is to enhance the property's marketability and permit future development. The Planning and Zoning Commission reviewed this item at the September 18th meeting, where the Commission unanimously voted 6-0 to recommend approval. At approximately 12:35 a.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 12:35 a.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025- 4636, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to E Estate on approximately 4 acres generally located at the corner of Yaupon Lane and Bradley Road. The motion carried unanimously. 9.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4637 amending Appendix A, "Unified Development Ordinance, "Article 4, Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas, by changing the zoning district boundary from GC General Commercial to MF Multi - Family for approximately 4.71 acres generally located south of the intersection of Universitv Drive East and East Crest Drive. Jeff Howell, Planning and Development, explained that the request is to rezone 4.71 acres at the intersection of University Drive East and East Crest Drive from General Commercial (GC) to Multi - Family (MF). The vacant property, originally zoned Rural (R) in 1980, was changed to GC in 2008. This rezoning aims to increase housing density and expands on August 14, 2025, approval for similar conditions. The applicant is requesting MF zoning for a proposed multi -family development not allowed under GC zoning. Staff recommend approving this rezoning request with the following condition: A 10-foot landscape buffer with an 8-foot fence, as specified in Section 7.7.F. of the Unified Development Ordinance, must be provided between General Commercial (GC) and Multi -Family (MF) uses. This buffer should be placed along the western property line of the MF portion of this rezoning adjacent to Lot 1, Block 1, Crescent Pointe Phase 1 and Lot 4, Block 1, Crescent Pointe Phase 1. The Planning and Zoning Commission reviewed this item at the October 2nd meeting, where the item was unanimously recommended for approval. At approximately 12:40 a.m., Mayor Nichols opened the Public Hearing. CCM 100925 Minutes Page 10 Page 22 of 417 There being no further comments, the Public Hearing was closed at 12:40 a.m. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4637, amending Appendix A, "Unified Development Ordinance, "Article 4, Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GC General Commercial to MF Multi -Family for approximately 4.71 acres generally located south of the intersection of University Drive East and East Crest Drive, with the following condition: A 10-foot landscape buffer with an 8-foot fence, as specified in Section 7.7.F. of the Unified Development Ordinance, must be provided between General Commercial (GC) and Multi -Family (MF) uses. This buffer should be placed along the western property line of the MF portion of this rezoning adjacent to Lot 1, Block 1, Crescent Pointe Phase 1 and Lot 4, Block 1, Crescent Pointe Phase 1. The motion carried unanimously. 10. Items of Communitv Interest and Council Calendar: The Council may discuss upcoming events and receive reports from a Council Member or Citv Staff about items of communitv interest for which notice has not been given, including: expressions of thanks, congratulations or condolence, information regarding holidav schedules, honorary or salutary recognitions of a public official, public emplovee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station, information about a social, ceremonial or communitv event organized or sponsored by an entitv other than the Citv of College Station that is scheduled to be attended by a Council Member, another citv official or staff of the Citv of College Station., and announcements involving an imminent threat to the public health and safetv of people in the Citv of College Station that has arisen after the posting of the agenda. Nothing to report at this time. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of Citv 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 Shafer report on the Arts Center of the Brazos Valley. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to Citv 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 Citv Staffs response to the request or inauiry will be limited to a statement of specific factual information related to the request or inauiry or the recitation of existing volicv in response to the request or inauirv. Anv deliberation of or decision about the subiect of a request will be limited to a Proposal to place the subiect on the agenda for a subsequent meeting. Nothing to report at this time. 13. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 12:51 a.m. on Friday, October 10, 2025. CCM 100925 Minutes Page 11 Page 23 of 417 John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 100925 Minutes Page 12 Page 24 of 417 October 23, 2025 Item No. 7.2. No Stopping, Standing, or Parking on Timber Drive, Timber Creek Lane, Buffalo Creek Loop, and Cottonwood Creek Lane (School Hours Only) Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking at any time" of the Code of Ordinances of the City of College Station, Texas to remove stopping, standing, and parking between certain hours on Timber Drive, Timber Creek Lane, Buffalo Creek Loop, Cottonwood Creek Lane. Relationship to Strategic Goals: • Core Services and Infrastructure • Improving Mobility • Neighborhood Integrity Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The purpose of this ordinance is to restrict parking along Timber Drive, Timber Creek Lane, Buffalo Creek Loop, and Cottonwood Creek Lane during designated school hours to address traffic and safety concerns associated with Greens Prairie Elementary School. In 2017, parking was removed in multiple locations near Wellborn Middle School, Pecan Trail Intermediate School, and Greens Prairie Elementary School to protect residents in nearby neighborhoods as well as pedestrians who walk to/from these schools. Residents along Timber Creek Lane and adjacent streets have raised concerns regarding congestion and safety hazards caused by vehicles using the neighborhood as a pick-up and drop-off area. This behavior has led to blocked driveways, reduced visibility for pedestrians and bicyclists, and conflicts with through traffic during peak dismissal and arrival times. All three streets are located in the Estates at Creek Meadows subdivision. Traffic Engineering staff evaluated traffic conditions along these streets during school operations and determined that timed "No Parking" restrictions —during the hours of 7:00 AM to 9:00 AM and 2:30 PM to 4:30 PM —are the most effective and fiscally responsible mitigation option. Furthermore, a public meeting was held on October 7, 2025. Nine (9) families attended and all were in favor of the parking removal during certain hours. Based on feedback provided and observation, these restrictions will improve mobility, reduce neighborhood disruption, and enhance safety for children walking and biking to school. Budget & Financial Summary: The "NO STOPPING, STANDING, OR PARKING" signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1. Ordinance - Timber Drive 2. NPSS - Timber Creek Neighborhood Page 25 of 417 Page 26 of 417 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 "TRAFFIC AND VEHICLES," ARTICLE VI "TRAFFIC SCHEDULES," SECTION 38-1014 "TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, TO REMOVE STOPPING, STANDING, AND PARKING ON TIMBER DRIVE, TIMBER CREEK LANE, BUFFALO CREEK LOOP, AND COTTONWOOD CREEK LANE BY AMENDING CERTAIN SECTIONS AS SET FORTH BELOW, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Ordinance Form 8-14-17 Page 27 of 417 ORDINANCE NO. Page 2 of 3 PASSED, ADOPTED and APPROVED this day of , 20_. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Ordinance Form 8-14-17 Page 28 of 417 ORDINANCE NO. Page 3 of 3 Exhibit "A" That Chapter 38 "Traffic and Vehicles," Article VI. "Traffic Schedules", Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time," is hereby amended by adding the following: Traveling on Between Travel Direction I Timber Creek All directions No stopping, standing, or Lane parking on school days from 7:00 a.m. until 9:00 a.m. and from 2:30 p.m. until 4:30 p.m. Timber Drive All direction No stopping, standing, or parking on school days from 7:00 a.m. until 9:00 a.m. and from 2:30 p.m. until 4:30 p.m. Buffalo Creek All directions No stopping, standing, or Loop parking on school days from 7:00 a.m. until 9:00 a.m. and from 2:30 p.m. until 4:30 p.m. Cottonwood Timber Creek Lane and Wild All directions No stopping, standing, or Creek Lane Creek Court parking on school days from 7:00 a.m. until 9:00 a.m. and from 2:30 p.m. until 4:30 p.m. Ordinance Form 8-14-17 Page 29 of 417 Page 30 of 417 October 23, 2025 Item No. 7.3. Acceptance of Grant Award Sponsor: Richard Mann, Chief of Fire and Emergency Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the approval of a resolution accepting the Federal FY-2024 Staffing for Adequate Fire and Emergency (SAFER) Grant in the amount of $2,572,850.99. Relationship to Strategic Goals: 1. Good Governance 2. Core Services Recommendation(s): Staff recommends approval of the resolution Summary: The Department of Homeland Security has provided notification of a grant award. The application submitted for the Federal Fiscal Year (FY) 2024 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding opportunity has been approved for $2,572,850.99 in Federal funding. This grant will fund salaries and fringe benefits for twelve (12) additional firefighters at 75% for years 1 and 2, and at 35% for year 3. The three-year period begins with the hiring of new FTE's, but no later than 180 days following grant award (March 23, 2026). The non-federal cost share is $1,599,339.85 over the three-year performance period. This grant was submitted as the second phase of a two-year hiring plan for the staffing of Station 7. Upon completion of this hiring process, the department will be fully staffed and prepared for the opening of Station 7. Budget & Financial Summary: The non-federal cost share is $1,599,339.85 over the three-year performance period. The city budget will be impacted by absorbing the salaries and benefits for the twelve (12) FTE's in full in the third quarter of the FY29 budget. Attachments: 1. EMW-2024-FF-00005 - Award Package 2. Safer Grant 2025 Resolution Page 31 of 417 Award Letter Effective date: 09/24/2025 Christopher Kelly CITY OF COLLEGE STATION P.O. BOX 9960 COLLEGE STATION, TX 77842 EMW-2024-FF-00005 Dear Christopher Kelly, U.S. Department of Homeland Security Washington, D.C. 20472 oE4�1Fn, `' FEMA lq Np SEA Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2024 Staffing for Adequate Fire and Emergency Response (FF) Grant funding opportunity has been approved in the amount of $2,572,850.99 in Federal funding. As a condition of this award, you are required to contribute non -Federal funds equal to or greater than the non -Federal share percentage in the following table: Year Non -Federal Share: Percentage of Actual Costs First Year Second Year Third Year Federal Share: Percentage of Actual Costs 25% 75% 25% 75% 65% 35% Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo - included in this document • Agreement Articles - included in this document • Obligating Document - included in this document • 2024 FF Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your officialfi le for this award. Page 32 of 417 Sincerely, Stacey Street Deputy Assistant Administrator Grants Program Directorate Summary Award Memo Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF COLLEGE STATION UEI-EFT: FYUCEXMLCQH7 Award number: EMW-2024-FF-00005 Summary description of award The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number offi refighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire -related hazards, and to fulfill traditional missions of fire departments. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application — including budget information— was consistent with the SAFER Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2024 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Position Cost Limit The usual cost of a first -year firefighter in your department at the time your application was submitted was $1,390,730.28. The maximum amount of Federal funding provided to the recipient is limited to the following: Year Federal Funding Cap Federal Funding Cap Amount per Firefighter Percent First Year 75% $1,043,047.71 Second Year 75% $1,043,047.71 Third Year 35% $486,755.59 Page 33 of 417 Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs. The following are the total approved budgeted estimates for object classes for all fundedfi refighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs): Object Class Personnel Fringe benefits Travel Equipment Supplies Contractual Construction Other Indirect charges Federal Non-federal Total Program Income First Year $779,796.00 $610,934.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,043,047.70 $347,682.58 $1,390,730.28 Approved scope of work Second Year $779,796.00 $610,934.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,043,047.70 $347, 682.58 $1,390,730.28 Third Year $779,796.00 $610,934.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $486, 755.59 $903,974.69 $1,390,730.28 Total $2,339,388.00 $1,832,802.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,572,850.99 $1,599,339.85 $4,172,190.84 $0.00 After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024 FF NOFO. Approved request details: Page 34 of 417 Hiring of Firefighters New, Additional Firefighter(s) BENEFITS FUNDED The total annual cost for a single firefighter is $115,894.19, which includes a base salary of $64,983 and a benefits package totaling $50,911.19. The salary represents thefi refightert direct compensation before additional contributions. The benefits package includes $15,282.00 for medical insurance, $7,000 in certification pay, $10,370.00 in retirement contributions, and $1,586.00 for additional retirement obligations. The city also contributes $4,852.00 toward Social Security and $183.00 for life insurance. Additional mandatory costs include $60.00 for unemployment insurance and $892.00 for workers' compensation coverage. Uniforms cost the department $1,800.00 annually per firefighter. Paid leave is also factored in as a financial obligation, with $3,136.30 each for sick and $3,136.30 holiday leave, and $2,613.59 for vacation leave. NUMBER OF ANNUAL ANNUAL TOTAL PER FIREFIGHTERS SALARY PRICE BENEFITS FIREFIGHTER 12 $64,983.00 $50,911.19 $115,894.19 3 YEAR TOTAL $4,172,190.84 Agreement Articles Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF COLLEGE STATION UEI-EFT: FYUCEXMLCQH7 Award number: EMW-2024-FF-00005 Table of contents Page 35 of 417 Article Assurance, Administrative Requirements, Cost Principles, Representations, and 1 Certifications Article General Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article CHIPS and Science Act of 2022, Public Law 117-167 CHIPS 8 Article Civil Rights Act of 1964 — Title VI 9 Article Civil Rights Act of 1968 10 Article Communication and Cooperation with the Department of Homeland Security and 11 Immigration Officials Article Copyright 12 Article Debarment and Suspension 13 Article Drug -Free Workplace Regulations 14 Article Duplicative Costs 15 Article Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX 16 Article Energy Policy and Conservation Act 17 Article Equal Treatment of Faith -Based Organizations 18 Article Anti -Discrimination 19 Article False Claims Act and Program Fraud Civil Remedies 20 Article Federal Debt Status 21 Article Federal Leadership on Reducing Text Messaging while Driving 22 Article Fly America Act of 1974 23 Article Hotel and Motel Fire Safety Act of 1990 24 Article John S. McCain National Defense Authorization Act of Fiscal Year 2019 25 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 26 Article Lobbying Prohibitions 27 Page 36 of 417 Article National Environmental Policy Act 28 Article National Security Presidential Memorandum-33 (NSPM-33) and provisions of the 29 CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article Non -Supplanting Requirement 30 Article Notice of Funding Opportunity Requirements 31 Article Patents and Intellectual Property Rights 32 Article Presidential Executive Orders 33 Article Procurement of Recovered Materials 34 Article Rehabilitation Act of 1973 35 Article Reporting Recipient Integrity and Performance Matters 36 Article Reporting Subawards and Executive Compensation 37 Article Required Use of American Iron, Steel, Manufactured Products, and Construction 38 Materials Article SAFECOM 39 Article Subrecipient Monitoring and Management 40 Article System for Award Management and Unique Entity Identifier Requirements 41 Article Termination of a Federal Award 42 Article Terrorist Financing 43 Article Trafficking Victims Protection Act of 2000(TVPA) 44 Article Uniting and Strengthening America by Providing Appropriate Tools Required to 45 Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Article Use of DHS Seal, Logo and Flags 46 Article Whistleblower Protection Act 47 Article Environmental Planning and Historic Preservation (EHP) Review 48 Article Applicability of DHS Standard Terms and Conditions to Tribal Nations 49 Article Acceptance of Post Award Changes 50 Article Disposition of Equipment Acquired Under the Federal Award 51 Article Prior Approval for Modification of Approved Budget 52 Article Indirect Cost Rate 53 Article Build America, Buy America Act (BABAA) Required Contract Provision & Self- 54 Certification Page 37 of 417 Article Award Performance Goals 55 Article Termination of the Federal Award (Updated) 56 Article Payment Information (Updated) 57 Article Non -Applicability of Specific Agreement Articles 58 Article Non -Applicability of Specific Agreement Articles 59 Page 38 of 417 Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non- Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required tofi II out the assurances, as instructed. Article 2 General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. ll. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095 within 60 days of receipt of the Notice of Award for thefi rst award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds. Article 4 Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Page 39 of 417 Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PH they collect. (2) Definition. DHS defines "PII" as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may alsofi nd the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Page 40 of 417 Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office anyfi nding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co -investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co -PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An "authorized organizational representative (AOR)" is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b)" Principal investigators and co -principal investigators" are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A "reported individual" refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) "Sex based harassment" means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) "Sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individualt employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor. Article 9 Civil Rights Act of 1964 — Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 7. Page 41 of 417 Article 10 Civil Rights Act of 1968 Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. No. 90284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Government§ decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term. Page 42 of 417 Article 12 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 13 Debarment and Suspension Recipients must comply with the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 14 Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 15 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. See 2 C.F.R. § 200.403(f). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions. Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federalfi nancial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 19. Article 17 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Page 43 of 417 Article 18 Equal Treatment of Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article 19 Anti -Discrimination Recipients must comply with all applicable Federal anti -discrimination laws material to the government's payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As used in this clause - (a) DEI means" diversity, equity, and inclusion." (b) DEIA means "diversity, equity, inclusion, and accessibility" (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti -discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti -discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law. Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 21 Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Page 44 of 417 Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient -owned, recipient -rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513. Article 23 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List I US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated- aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 24 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with thefi re prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a. Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute- as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported- organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Page 45 of 417 Article 27 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 28 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 (1) Recipient research institutions ("covered institutions") must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) Definition." Covered institutions" means recipient research institutions receiving federal Research and Development (R&D) science and engineering support "in excess of $50 million per year" Article 30 Non -Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 31 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Page 46 of 417 Article 32 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 33 Presidential Executive Orders Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial assistance), the full text of which are incorporated by reference. Article 34 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 35 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government -wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 37 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government -wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Page 47 of 417 Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States —this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (b) A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. (c) There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Page 48 of 417 Article 39 SAFECOM Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment I CISA. Article 40 Subrecipient Monitoring and Management Pass -through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333. Article 41 System for Award Management and Unique Entity Identifier Requirements Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 42 Termination of a Federal Award (1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer effectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is terminated. Article 43 Terrorist Financing Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws. Page 49 of 417 Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government -wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference. Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175-175c. Article 46 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 47 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.0 § 470141 U.S.C. § 4712. Page 50 of 417 Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMAt EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA's regulations at 44 C.F.R. Part 9 implement the EOs and require an eight -step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision -making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland. Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients andfl ow down to sub -recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist. Page 51 of 417 Article 50 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: ASK- GMD@fema.dhs.gov for any questions. Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non -state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C.F.R. section 200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e). Article 52 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non -construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 53 Indirect Cost Rate 2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award file. Page 52 of 417 Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self -Certification In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self -certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA. Article 55 Award Performance Goals FEMA will measure the recipient's performance of the grant by comparing the firefighter hiring activities of new, additionalfi refighters, rehire laid offfi refighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO. Page 53 of 417 Article 56 Termination of the Federal Award (Updated) 1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 sets forth a term and condition entitled "Termination of a Federal Award" The termination provision condition listed below applies to the grant award and the term and condition in Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 does not. 2. Termination of the Federal Award by FEMA FEMA may terminate the federal award in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340: a. If the recipient or subrecipient fails to comply with the terms and conditions of the federal award. b. With the consent of the recipient, in which case FEMA and the recipient must agree upon the termination conditions. These conditions include the effective date and, in the case of partial termination, the portion to be terminated. c. If the federal award no longer effectuates the program goals or agency priorities. Under this provision, FEMA may terminate the award for these purposes if any of the following reasons apply: i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is ineffective at achieving program goals as described in this NOFO; ii. If DHS/FEMA, in its sole discretion, determines that an objective of the award as described in this NOFO will be ineffective at achieving program goals or agency priorities; iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant program is flawed relative to program goals or agency priorities; iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not aligned to either the DHS Strategic Plan, the FEMA Strategic Plan, or successor policies or documents; v. If DHS/FEMA, in its sole discretion, changes or re-evaluates the goals or priorities of the grant program and determines that the award will be ineffective at achieving the updated program goals or agency priorities; or vi. For other reasons based on program goals or agency priorities described in the termination notice provided to the recipient pursuant to 2 C.F.R. § 200.341. vii. If the awardee falls out of compliance with the Agencyt statutory or regulatory authority, award terms and conditions, or other applicable laws. 3. Termination of a Subaward by the Pass -Through Entity The pass -through entity may terminate a subaward in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340: a. If the subrecipient fails to comply with the terms and conditions of the federal Page 54 of 417 award. b. With the consent of the subrecipient, in which case the pass -through entity and the subrecipient must agree upon the termination conditions. These conditions include the effective date and, in the case of partial termination, the portion to be terminated. c. If the pass -through entity's award has been terminated, the pass -through recipient will terminate its subawards. 4. Termination by the Recipient or Subrecipient The recipient or subrecipient may terminate the federal award in whole or in part for the following reasons identified in 2 C.F.R. § 200.340: Upon sending FEMA or the pass -through entity a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if FEMA or the pass -through entity determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, FEMA or the pass -through entity may terminate the federal award in its entirety. 5. Impacts of Termination a. When FEMA terminates the federal award prior to the end of the period of performance due to the recipient's material failure to comply with the terms and conditions of the federal award, FEMA will report the termination in SAM.gov in the manner described at 2 C.F.R. § 200.340(c). b. When the federal award is terminated in part or its entirety, FEMA or the pass - through entity and the recipient or subrecipient remain responsible for compliance with the requirements in 2 C.F.R. §§ 200.344 and 200.345. 6. Notification Requirements FEMA or the pass -through entity must provide written notice of the termination in a manner consistent with 2 C.F.R. § 200.341. The federal award will be terminated on the date of the notification unless stated otherwise in the notification. 7.Opportunities to Object and Appeals Where applicable, when FEMA terminates the federal award, the written notification of termination will provide the opportunity, and describe the process, to object and provide information challenging the action, pursuant to 2 C.F.R. § 200.342. 8. Effects of Suspension and Termination The allowability of costs to the recipient or subrecipient resulting fromfi nancial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a federal award are subject to 2 C.F.R. § 200.343. Page 55 of 417 Article 57 Payment Information (Updated) Recipients will submit payment requests in FEMA GO for FY25 awards under this program. Instructions to Grant Recipients Pursuing Payments FEMA reviews all grant payments and obligations to ensure allowability in accordance with 2 C.F.R. § 200.305. These measures ensure funds are disbursed appropriately while continuing to support and prioritize communities who rely on FEMA for assistance. Once a recipient submits a payment request in FEMA GO, FEMA will review the request. If FEMA approves a payment, it will process the payment through FEMA GO and the payment will be delivered pursuant to the recipients SAM.gov financial information. If FEMA disapproves a payment, FEMA will inform the recipient. Processing and Payment Timeline FEMA must comply with regulations governing payments to grant recipients. See 2 C.F.R. § 200.305. For grant recipients other than States, 2 C.F.R. § 200.305(b)(3) stipulates that FEMA is to make payments on a reimbursement basis within 30 days after receipt of the payment request, unless FEMA reasonably believes the request to be improper. For state recipients, 2 C.F.R. § 200.305(a) instructs that federal grant payments are governed by Treasury -State Cash Management Improvement Act (CMIA) agreements ("Treasury -State agreement") and default procedures codified at 31 C.F.R. part 205 and Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies." See 2 C.F.R. § 200.305(a). Treasury -State agreements generally apply to "major federal assistance programs" that are governed by 31 C.F.R. part 205, subpart A and are identified in the Treasury -State agreement. 31 C.F.R. §§ 205.2, 205.6. Where a federal assistance (grant) program is not governed by subpart A, payment and funds transfers from FEMA to the state are subject to 31 C.F.R. part 205, subpart B. Subpart B requires FEMA to "limit a funds transfer to a state to the minimum amounts needed by the state and must time the disbursement to be in accord with the actual, immediate cash requirements of the state in carrying out a federal assistance program or project. The timing and amount of funds transfers must be as close as is administratively feasible to a state's actual cash outlay for direct program costs and the proportionate share of any allowable indirect costs." 31 C.F.R. § 205.33(a). Nearly all FEMA grants are not "major federal assistance programs." As a result, payments to states for those grants are subject to the "default" rules of 31 C.F.R. part 205, subpart B. If additional information is needed, a request for information will be issued by FEMA to the recipient; recipients are strongly encouraged to respond to any additional FEMA request for information inquiries within three business days. If an adequate response is not received, the request may be denied, and the entity may need to submit a new reimbursement request; this will re -start the 30-day timeline. Submission Process All non -disaster grant program reimbursement requests must be reviewed and approved by FEMA prior to drawdowns. Page 56 of 417 For all non -disaster reimbursement requests (regardless of system), please ensure submittal of the following information: 1. Grant ID / Award Number 2. Total amount requested for drawdown 3. Purpose of drawdown and timeframe covered (must be within the award performance period) 4. Subrecipient Funding Details (if applicable). • Is funding provided directly or indirectly to a subrecipient? • If no, include statement "This grant funding is not being directed to a subrecipient." • If yes, provide the following details: • The name, mission statement, and purpose of each subrecipient receiving funds, along with the amount allocated and the specific role or activity being reimbursed. • Whether the subrecipient's work or mission involves supporting aliens, regardless of whether FEMA funds support such activities. • Whether the payment request includes an activity involving support to aliens? • Whether the subrecipient has any diversity, equity, and inclusion practices. 5. Supporting documentation to demonstrate that expenses are allowable, allocable, reasonable, and necessary under 2 C.F.R. Part 200 and in compliance with the grant's NOFO, award terms, and applicable federal regulations. Article 58 Non -Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Articles do not apply to this grant award: 1. Communication and Cooperation with the Department of Homeland Security and Immigration Officials. 2. Paragraph (2)(a)(iii) of Anti -Discrimination. Article 59 Non -Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Article does not apply to this grant award: Termination of a Federal Award The intent of this provision is to clarify that Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Instead, the Agreement Article titled" Termination of the Federal Award", or "Termination of the Federal Award (Updated)" applies to this grant award. Page 57 of 417 Obligating document 1. Agreement No. 2. Amendment 3. Recipient 4. Type of EMW-2024-FF- No. No. Action 00005 N/A 746000534 AWARD 6. Recipient Name and Address CITY OF COLLEGE STATION 1101 TEXAS AVE S COLLEGE STATION, TX 77840 7. Issuing FEMA Office and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 1-866-927-5646 5. Control No. WX02142N2025T 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone Christopher Kelly 9797643781 Staffing for Adequate Fire and No. Emergency Response (SAFER) Grant 1-866- Program 274-0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 03/23/2026 to 09/24/2025 OTHER - FEMA COST SHARING 03/22/2029 GO Budget Period 03/23/2026 to 03/22/2029 15. Description of Action a. (Indicate funding data for awards or financial changes) Accounting Amount Program Assistance Data Prior Awarded Current Total Cumulative Name Listing No. (ACCS Total This Action +Award Non -Federal Abbreviation Code) Award or (-) Commitment 2025-FF- FF 97.083 GF01 - $0.00 $2,572,850.99 $2,572,850.99 $1,599,339.85 P410-xxxx- 4101-D Totals $0.00 $2,572,850.99 $2,572,850.99 $1,599,339.85 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16 FOR NON DISASTER PROGRAMS! RECIPIENT IC REQUIRED TO SIGN AND address)RETURN TI IREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Bleek This field is not applicable for digitally signed grant agreements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Stacey Street, Deputy Assistant Administrator Grants Program 09/24/2025 Directorate Page 58 of 417 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, ACCEPTING AND APPROVING A GRANT APPLICATION AND GRANT FUNDING WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR FUNDING FROM THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM. WHEREAS, the Department of Homeland Security has authorized and established the application process for the SAFER Grant to improve firefighter staffing; and WHEREAS, the City of College Station was awarded grant funding in the amount of $2,572,850.99 in federal funding for hiring firefighters under the SAFER Grant guidelines to fund salaries and fringe benefits for three years; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council accepts and approves the SAFER Grant application and accepts the funding in the amount of $2,572,850.99 PART 2: That the City Council hereby authorizes and designates the City Manager or his designee to execute the SAFER Grant acceptance and any other documents related to the SAFER Grant. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 23rd day of October, 2025. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 59 of 417 October 23, 2025 Item No. 7.4. Aggieland Humane Funding Resolution Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action approving a resolution authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $349,140. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends approval of the resolution funding in the amount of $349,140 to the Aggieland Humane Society, Inc. Summary: As part of the 2025-2026 budget process The City Council approve funding for Aggieland Humane Society, Inc. in the amount of $349,140. An Animal Shelter Services Agreement, contract number 22300511, for services provided by the Aggieland Humane Society, Inc. was approved on May 26, 2022, for a five(5) year term. The FY26 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 $349,140.00, to be payable in 12 equal installments of $29,095.00. Attachments: Animal Shelter Resolution FY26 Page 60 of 417 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, 2022. 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 2025-2026 in the amount of $349,140.00, to be payable in 12 equal installments of $29,095.00. Part 2: That funds are budgeted and available in the Fiscal Year 2025-2026 Approved Budget in the General Fund. Part 3: That this resolution is to be effective for the 2025-2026 Fiscal Year from October 1, 2025 — September 30, 2026. Part 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2025. ATTEST: City Secretary APPROVED: City Attorney APPROVED: Mayor Page 61 of 417 October 23, 2025 Item No. 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 FY26 in the amount of $5,000. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Amber Alert Network Brazos Valley for FY26 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 2025-2026 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 2025-2026 General Fund. Attachments: 1. Amber Alert FY26 Funding Agreement Page 62 of 417 (* or"" CONTRACT & AGREEMENT ROUTING FORM CITY a1-C(JAk_,eST%1a,\ H.- e h.0 AxAf fk-,' CONTRACT#: 26300016 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for payment and and us of General Funds with Amber Alert Network Brazos Valley Name of Contractor: Amber Alert Network Brazos Valley CONTRACT TOTAL VALUE: $ 5,000.00 Grant Funded Yes ❑ No ❑■ If yes, what is the grant number: Debarment Check ❑ Yes ❑ No K N/A Davis Bacon Wages Used ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No❑ N/A Buy America Required ❑ Yes ❑ No K N/A Transparency Report ❑ Yes ❑ No ❑E N/A ❑E 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) Funding for this contract is available in the FY26 budget - General Fund - Budget Code: 10019100-6720 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL H" EM4, Umrkzo( 10/8/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE 10/8/2025 ASST CITY MGR — CFO DATE 906Vt, 1,6V #V1a 10/8/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 63 of 417 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, 2025, through September 30, 2026. 1.7 Statement of Work. The description of Agency services for which the City funding will be used and as described in this Agreement. Contract No 26300016 Funding Agreement- General Fund Page 64 of 417 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, 2025, to September 30, 2026. 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 Contract No 26300016 Funding Agreement- General Fund Page 65 of 417 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 to appoint members to the Board under the Agency's Bylaws. Contract No 26300016 Funding Agreement- General Fund Page 66 of 417 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 parry 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 parry 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 parry, and the terminating parry reasonably believes that such activities are required or prohibited under this Agreement. Contract No 26300016 Funding Agreement- General Fund Page 67 of 417 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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 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 (this section left intentionally blank) Contract No 26300016 Funding Agreement- General Fund Page 68 of 417 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 Contract No 26300016 Funding Agreement- General Fund Page 69 of 417 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 parry 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 parry 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. Contract No 26300016 Funding Agreement- General Fund Page 70 of 417 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. Contract No 26300016 Funding Agreement- General Fund Page 71 of 417 List of Exhibits: A. Financial Activity Report B. Certificates of Insurance AMBER ALERT NETWORK BRAZOS VALLEY By: f, W(XIS r. F Printed Name: Charles R. Fleeaer Title: Executive Director Date: 10/8/2025 Contract No 26300016 Funding Agreement- General Fund CITY OF COLLEGE STATION City Manager Date: aA.V' w 1,6In#V1a. City Attorney Date: 10/8/2025 Assistant City Manager Date: 10/8/2025 Page 72 of 417 EXHIBIT A FINANCIAL ACTIVITY REPORT Contract No. 22300004 Funding Agreement- General Fund Page 73 of 417 Amber Alert Network Brazos Valley Statement of Financial Position As of August 31, 2025 TOTAL ASSETS Current Assets Bank Accounts BV Schools CU 56,160.24 Guaranty CD x4960 10,000.00 Guaranty Checking x8361 50,096.12 Total Bank Accounts $116,256.36 Total Current Assets $116,256.36 TOTAL ASSETS $116,256.36 LIABILITIES AND EQUITY Liabilities Current Liabilities Other Current Liabilities Direct Deposit Payable 0.00 Payroll Liabilities Federal Taxes (941/944) 0.00 TX Unemployment Tax 0.00 Total Payroll Liabilities 0.00 Total Other Current Liabilities $0.00 Total Current Liabilities $0.00 Total Liabilities $0.00 Equity Opening Balance Equity 0.00 Unrestricted Net Assets 128,922.43 Net Revenue -12,666.07 Total Equity $116,256.36 TOTAL LIABILITIES AND EQUITY $116,256.36 Accrual Basis Thursday, September 11, 2025 11:22 AM GMT-05:00 Page 74 of 417 Statement of Activity DISTRIBUTION ACCOUNT Income Direct Public Support Individ, Business Contributions Total for Direct Public Support Donations from County / City Investments Interest -Savings, Short-term CD Total for Investments Total for Income Cost of Goods Sold Gross Profit Expenses Business Expenses Contract Services Accounting Fees Total for Contract Services Facilities and Equipment Operations Fundraising Supplies Telephone, Telecommunications Total for Operations Other Types of Expenses Insurance - Liability, D and O Total for Other Types of Expenses Payroll Expenses Taxes Wages Total for Payroll Expenses Promotional Material Total for Expenses Net Operating Income Other Income Other Expenses Net Other Income Net Income Amber Alert Network Brazos Valley August 2025 TOTAL $0.00 1,500.00 $1,500.00 2,500.00 $0.00 50.59 $50.59 $4,050.59 0.00 $4,050.59 5.00 $0.00 5,350.00 $5,350.00 410.25 $0.00 42.30 57.00 54.74 $154.04 $0.00 1,356.00 $1,356.00 $0.00 229.50 3,000.00 $3,229.50 1,017.96 $11,522.75 -$7,472.16 0.00 0.00 $0.00 -$7,472.16 Accrual Basis Thursday, September 11, 2025 04:21 PM GMTZ Page 75 of 417 EXHIBIT B CERTIFICATES OF INSURANCE Contract No. 22300004 Funding Agreement- General Fund Page 76 of 417 AMBEALE-01 SABBOTT .9LVKLJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/26/2025 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). PRODUCER (CONTACT NAME: Dexter & Company of Central Texas, Inc. PHONE FAX 4030 Highway 6 S. Ste. 310 (A/C, No, Ext): (979) 764-8444 (A/C, No):(979) 694-7603 College Station, TX 77845 ADDRIESS: INSURER(SI AFFORDING COVERAGE NAIC # INSURER A: Mount Vernon Fire Insurance COmparlV 26522 INSURED INSURER B: Texas Mutual Insurance COmpanv 22945 Amber Alert Network Brazos Valley I INSURER C : P.O. Box 9282 I INSURER D : College Station, TX 77842 I INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY SAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD !MM/DDIYYYYI !MM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE a OCCUR NPP2574687E 6/30/2025 6/30/2026 I DAMAGETO S (RENTED PREMISES occurrence) 100,0001 $ I 5,0001 _ MED EXP (Anv one person) $ I PERSONAL & ADV INJURY $ I _ I 2,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- ❑ LOC JECT GENERAL AGGREGATE I PRODUCTS - COMP/OP AGG $ $ I OTHER General Aggregate Limit $ I AU"OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidentl $ ANY AUTO I BODILY INJURY (Per person) $ I — OWNED SCHEDULED AUTOS ONLY AUTOS I BODILY INJURY (Per accident) $ I NON-OWNED USOL I PROPERTY eE MAGEATOS (r $ I ONLY ONLY accident) $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE I EXCESS LIAB CLAIMS -MADE I AGGREGATE I I I I DIED RETENTION $ B WORKERS COMPENSATION X I STATUTE I I ORH AND EMPLOYERS' LIABILITY 0002132167 ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ 9/1/2025 9/1/2026 I 1,000,0001 OFFICER/MEMBER EXCLUDED? N / A in NH) E L EACH ACCIDENT I $ 100,0001 (Mandatory E L DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,0001 DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. 1101 Texas Ave College Station, TX 77842 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 77 of 417 October 23, 2025 Item No. 7.6. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of Brazos Valley DBA Arts Center of Brazos Valley for FY26 in the amount of $35,000. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Center of Brazos Valley for FY26 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 2025-2026 budget process the City Council approved funding for the Arts Center of Brazos Valley in the amount of $35,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2025-2026 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 Center facility. Attachments: 1. Arts Center - FY26 General Fund Funding Agreement 2. ACBV-Approved FY26 Budget- 9.5.25 Page 78 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Cm cEr 0aiirur.3r:v Eu.� x.�. �r�..uya E nr..rrrry CONTRACT#: 26300017 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for Payment and Use of General Funds with Arts Council of Brazos Valley Name of Contractor: Arts Council of Brazos Valley CONTRACT TOTAL VALUE: $ 35,000.00 Grant Funded Yes ❑ No ❑■ Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding forth is contract is available in the FY26 budget -General Fund -Budget Code: 10019100-6720 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL M" EM4, UmrkzQ 10/6/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE U ( ll 10/6/2n95 ASST CITY MGR — CFO DATE 906Vt, 1,6V -,04Vta 10/6/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 79 of 417 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 D/B/A ARTS CENTER 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 D/B/A Arts Center 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 31', March 31', June 30t', and September 30t', 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. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 Page 80 of 417 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, 2025, to September 30, 2026. 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 Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 2 Page 81 of 417 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 Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 Page 82 of 417 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, 2025, and terminates at midnight October 31, 2026. However, the program period shall begin October 1, 2025, and terminates at midnight September 30, 2026. 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 Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 4 Page 83 of 417 (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. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 Page 84 of 417 ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. The Agency shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 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. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 6 Page 85 of 417 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 liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 Page 86 of 417 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. 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. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 Page 87 of 417 9.4 Non-discrimination. Agency covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. Agency will take affirmative action to ensure that applicants who are hired are treated, during employment, without regard to their race, color, religion, sex, national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection. Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination requirement. 9.5 Equal Opportunity. Agency expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Agency, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or disability. 9.6 Religious Affiliation. Agency certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will not provide religious instruction or counseling, conduct religious worship or services, or engage in religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 9.7 Independent Contractor. Agency is an independent contractor and not an agent or representative of the City and the obligation to compensate employees furnished or used by Agency to provide the services specified in Article II shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. This Agreement does not create a joint venture. 9.8 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9.9 Venue. This Agreement will be performed and has been made under and shall be governed by the laws of the State of Texas, Brazos County. 9.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 9.11 Waiver of Terms. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 6 Page 88 of 417 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 parry 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: Leslie Bowlin, CEO 4180 Highway 6 South College Station, Texas 77845 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. Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 10 Page 89 of 417 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. 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 By: Iksut, 66AV, Printed Name: Leslie Bowlin Title: rFn Date: 10/6/2025 Contract No 26300017 Arts Council of Brazos Valley General Fund Form Revised 09-23-25 CITY OF COLLEGE STATION City Manager Date: aanvu 1hV#'Via. City Attorney Date: 10/6/2025 �A (LVU'- Assistant City Manager Date: 10/6/2025 Page 90 of 417 Exhibit A Statement of Financial Position Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 I? Page 91 of 417 RTS NO11968j, Prepared by The Bottom Line Corporation Prepared on September 29, 2025 For management use only Page 92 of 417 Table of Contents Statementof Activity.............................................................................................................................................3 Statementof Financial Position............................................................................................................................7 2/9 Page 93 of 417 Statement of Activity October 2024 - August 2U2, Total REVENUE 43000 Contributed Income 13,093.80 43100 Membership Dues 43120 Affliates Membership ,00.00 43130 Business Membership ,0.00 0 1 43140 BV Collective Membership 1,5 43150 Individual Membership 40.00 6,50.00 43160 Artist and Hotels Membership 3 50.00 Total 43100 Membership Dues 11,550.00 43200 Fundraising Events 43240 Celebrate the Arts 12 ,850.00 43245 Celebrate the Arts Scholarship 26,235.00 Total 43240 Celebrate the Arts 124,035.00 43250 Boots & BBO .00 43260 Empty Bowls, Jr. 0,495.99 15,376.50 43280 NEW Fundraiser Event 43290 NEW Fundraiser at ACBV Event 6,475.00 Total 43200 Fundraising Events 2,617.49 152,617.49 43300 Government Grants 43310 Brazos County 12,0 00 43330 College Station 32,083..34 43340 College Station HOT 545,0 43350 Navasota HOT 979.00 3,00. 1 ,000.00 43360 TCA Total 43300 Government Grants 14 642,163..56 43400 Foundation & Trust Grants , Total 43000 Contributed Income 827,943.99 44000 Program Service Revenue 44200 Camps & Workshops 44220 Children Camps 28,829.07 Total 44200 Camps & Workshops 28,175.00 131.12 44300 Classes 3,131.19 44400 Community Events Total 44000 Program Service Revenue 35,872.25 45000 Art & Merchandise Sales 2,184.08 2,135.57 46000 Other Revenue 183.80 46200 Investments 11,183.80 46300 Rentals 46400 Miscellaneous Revenue 11,116.34 46420 Interest Income The Arts Center of Brazos Valley For management use only 3/9 Page 94 of 417 Total Total 46400 Miscellaneous Revenue 11,116.34 Total 46000 Other Revenue 24,619.79 Discounts given 5.15 PayPal Sales 490.00 Sales 30.11 Uncategorized Income 126.26 Total Revenue 891,222.74 GROSS PROFIT 891,222.74 EXPENDITURES 60000 Grants & Scholarships 60100 Grants 60115 College Station Grants 360,000.00 60120 Navasota Grants 25,623.00 60130 Rural Grants 7,060.00 Total 60100 Grants 392,683.00 60200 Scholarships 16,000.00 Total 60000 Grants & Scholarships 408,683.00 61000 Salaries and Related Expenses 61100 Salaries & Wages 247,933.47 61200 Employer IRA Contributions 2,370.00 61400 Payroll taxes & fees 21,537.81 61600 Employer Health Ins. Contribution 3,683.76 Total 61000 Salaries and Related Expenses 275,525.04 62000 Fees for Services 62100 Accounting Fees 23,225.00 62200 Contractor Fee 13,419.50 62400 Marketing Intern & Work Study 7,354.91 62500 Program Intern & Work Study 2,867.50 Total 62000 Fees for Services 46,866.91 63000 Advertising, Printing, Promo. 781.71 63100 HOT Advertising 10,273.09 63200 Local Advertising 17,638.06 63300 Affiliate Advertising 12,126.06 Total 63000 Advertising, Printing, Promo. 40,818.92 64000 Programs 64010 ART for Life 10,000.00 64040 Camps & Workshops 64042 Children Camp Expense 5,573.35 Total 64040 Camps & Workshops 5,573.35 64070 Gallery 45,333.70 64080 Public Art 10,979.44 Total 64000 Programs 71,886.49 The Arts Center of Brazos Valley For management use only 4/9 Page 95 of 417 Total 100.00 65000 Fundraising 65100 Boots & BBO 00 65200 Celebrate the Arts 3,562.16 33,826.09 65300 Empty Bowls, Jr. 825.04 65600 NEW Fundraiser Event 525.42 65700 NEW at ACBV Fundraiser Event 3,765.71 Total 65000 Fundraising 43,126.2 66000 Office Expenses 7,535.79 7,325.40 66100 Information Technology 66200 Postage, Mailing Service _325.40 Total 66000 Office Expenses 10,987.47 68000 Occupancy 19 68200 Facilities & Equipment Rental ,. 15,61919.56 68300 Insurance 9,485.47 68400 Janitorial 2 24,87..48 68500 Mortgage Expense 68600 Pest Control 57905 2,. 68700 Repairs & Maintenance 1 ,517.00 68800 Security 21,489.66 68900 Utilities Total 68000 Occupancy . 8 98,297.8 7 69000 Mileage 2,.1 69100 Travel & In -Region Mileage _ 2,66565.16 Total 69000 Mileage 80000 Other expenses 11,277.61 80010 Artist Commission 69 80020 Bank Charges 80025 PayPal Fees 11556.73 1,539.81 80027 Stripe Fees Total 80020 Bank Charges 74.81 23 3,850.00 80030 Donated Goods and Services 41.87 341.64 80050 Investment Losses 55.64 80060 Meals 62 80070 Memberships & Dues 80080 Training & Development 112..09 16, 424.06 Total 80000 Other expenses 2.06 Uncategorized Expense 1,012,906.10 Total Expenditures NET OPERATING REVENUE -121,683.36 OTHER EXPENDITURES 10512. 90000 Misc. Other Expenses - .05 Prior Period Adjustment Total 90000 Misc. Other Expenses 9,63030.64 The Arts Center of Brazos Valley For management use only 5/9 Page 96 of 417 Total Total Other Expenditures 9,630.64 NET OTHER REVENUE-9,630.64 NET REVENUE $-131,314.00 The Arts Center of Brazos Valley For management use only 6/9 Page 97 of 417 Statement of Financial Position As of August 31, 2025 ASSETS Current Assets Bank Accounts 10100 Wells Fargo Business Checking *8775 10200 VB - Checking *3808 10210 VB - Savings *3816 10300 PayPal 10500 American Momentum Money Market 10600 American Funds 10800 Community Foundation of BV Total Bank Accounts Accounts Receivable 11000 Accounts Receivable 11200 Pledges Receivable 11210 Discount on Pledge Receivable Total 11200 Pledges Receivable 11500 Contributions Receivable Total 11000 Accounts Receivable Total Accounts Receivable Other Current Assets 12000 Undeposited Funds 12300 Art Inventory 12400 Prepaid Expenses Total Other Current Assets Total Current Assets Fixed Assets 14000 Property & Equipment 14100 Furniture and Equipment 14200 Buildings & Improvements 14300 Permanent Collection 14500 Land 14600 Intangibles 14900 Accum Depreciation 14901 Accum Amortization Total 14000 Property & Equipment Total Fixed Assets Other Assets 18000 Investments/Endowments 18040 Amarillo National Bank *6163CD Total 18000 Investments/Endowments Total -500.00 155,700.42 4,592.40 19,286.21 2,513.51 89,741.56 11,456.04 282,790.14 275.72 0.00 0.48 0.48 69,999.80 70,276.00 70,276.00 4,560.02 13,149.00 -1,162.81 16,546.21 369,612.35 160,565.90 1,732,733.71 657,023.02 392,430.00 20,000.00 -273,659.47 -1,666.67 2,687,426.49 2,687,426.49 0.00 102,078.07 102,078.07 The Arts Center of Brazos Valley For management use only Page 98 of 417 Total Total Other Assets 102,078.07 TOTAL ASSETS $3,159,116.91 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 20000 Accounts Payable 99,990.09 Total Accounts Payable 99,990.09 Credit Cards 21000 Wells Fargo Business Card - Boegner -6.99 21100 VB Credit Card *6140 -34,744.42 21110 VB Credit Card *7825 (*0167) 20,425.75 21120 VB Credit Card (*3592) 17,291.74 Total 21100 VB Credit Card *6140 2,973.07 Total Credit Cards 2,966.08 Other Current Liabilities 23000 Payroll Liabilities 0.00 23100 Federal Tax Payable 153.54 23200 Texas Unemployment Payable 82.49 23300 Simple IRA Payable 559.16 23500 Guardian Insurance Payable -201.88 23700 Accrued Compensated Absences 4,029.94 Total 23000 Payroll Liabilities 4,623.25 25000 Deferred Income 56,650.14 26200 Due to COCS- Reimbursements -42.88 26300 Due to COB - Reimbursements -3,000.00 28000 Sales Tax Payable 0.00 28100 Sales Tax Payable - Current 74.67 Total 28000 Sales Tax Payable 74.67 Total Other Current Liabilities 58,305.18 Total Current Liabilities 161,261.35 Long -Term Liabilities 29300 NP - Vera Bank 575,585.12 29900 Northgate Sculpture Fund 63,750.00 Total Long -Term Liabilities 639,335.12 Total Liabilities 800,596.47 Equity 31000 Net Assets - Donor Restricted 567,588.00 32000 Unrestricted Net Assets 1,922,246.44 Net Revenue-131,314.00 Total Equity 2,358,520.44 TOTAL LIABILITIES AND EQUITY $3,159,116.91 The Arts Center of Brazos Valley For management use only 8/9 Page 99 of 417 The Arts Center of Brazos Valley For management use only 9/9 Page 100 of 417 Exhibit B Narrative Summary of Activity Report Page 101 of 417 Exhibit C Performance Measures Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 14 Page 102 of 417 Exhibit D Certificates of Insurance Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 15 Page 103 of 417 ,d►co CERTIFICATE OF LIABILITY INSURANCE DAT/25/2D/YYYY) I 09/25/2025 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). PRODUCER CONTACT Bert Miller Wm. Albert Miller Agency E: 220 E. Washington Avenue Pn/oNN aYfr (936) 825 6789 FAX Nn,.(936) 825 6790 P. 0. Drawer 31 I E-MAIL bertmiller@milleragencyinc.com E-MAIL A• Navasota TX 77868 I INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Markel Insurance Co INSURED INSURER B Indemnity Insurance Co Arts Council Brazos Valley :Philadelphia I The Arts Center INSURER C PO Box 10626 I INSURER D College Station TX 77842- I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. INSR ADDL SUBR POLICY EFF POLICY EXP I TR TYPE OF INSURANCE IRICR w%in POLICY NUMBER IMMIDDIYYM lMM/Dn/yyvvl LIMITS B GENERAL LIABILITY PHPK2656997-012 02/16/2025 02/16/2026 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL DAMAGE TO RENTED 100 000 LIABILITY FX_1 PRFMISFS (Fa nrr.iirrP .) $ 5,000 CLAIMS -MADE OCCUR MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 GE PRO- F $ "' POLICY LOC B AUTOMOBILE LIABILITY PHPK2656997-012 02/16/2025 02/16/2026 COMBINED LIMIT ((Fn —rid k 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY $ AUTOS AUTOS (Per accident) X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per nrridant) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION MWC0045351-13 02/16/2025 02/16/2026 X WC STATU- I 1OTH- TnPV I iRAMZ PIP AND EMPLOYERS' LIABILITY Y❑ I 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED N / A 1,000,000 (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS helnw EL DISEASE - POLICY LIMIT $ B Property PHPK2656997-012 02/16/2025 02/16/2026 Business Property 95,000 Collections -others 300,000 Collections- ACBV 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mores ace is required) 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. CERTIFICATE HOLDER CANCELLATION Al 002351 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Department ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station TX 77842- AUTHORIZED REPRESENTATIVE r I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 104 of 417 The Arts Council of Brazos Valley FY 2026 Proposed Budget Updated on 9.24.2025 approved by Board 9.5.. Revenue - Contributed Income Donations Unrestricted $ 15,000.00 Membership Dues Affliate Membership $ 3,000.00 Corporate Membership $ 8,000.00 Individual Membership $ 10,000.00 Total Membership Dues $ 21,000.00 Fundraisina Events Celebrate the Arts $ 125,000.00 Celebrate the Arts Scholarship (restricted for 2027 distribution) 30,000.00 Total Celebrate the Arts $ 155,000.00 Boots & BBQ $ 10,000.00 Empty Bowls, Jr. $ 20,000.00 Gallery Dinners & Events $ 20,000.00 Holiday Market & Wreath Auction $ 8,000.00 Messina Hof Wine Label Competition $ 4,000.00 Stories at the Gallery $ 6,000.00 Total Fundraising Events $ 223,000.00 Government Grants Brazos County $ 16,000.00 City of Bryan $ 10,000.00 College Station Gen $ 35,000.00 College Station HOT $ 600,002.00 Navasota HOT $ 48,500.00 TCA, HTX, Etc. $ 20,000.00 Total Government Grants $ 729,502.00 Foundation & Trust Grants $ 35,000.00 Total Contributed Income $ 1,023,502.00 Program Service Revenue Camps & Workshops Adult Workshops $ 3,500.00 Children Camps $ 40,000.00 Total Camps & Workshops $ 43,500.00 Community Events $ 2,000.00 Public Art $ 77,000.00 Total Program Service Revenue $ 122,500.00 Art Sales $ 7,000.00 Merchandise Sales $ 3,000.00 Other Revenue Investments (American Funds & Community Foundation) $ 12,000.00 Rentals (Studio & Event Spaces) $ 20,000.00 Page 105 of 417 Miscellaneous Revenue Payroll Credit $ Interest Income (Amarillo Income) $ 10,000.00 Total Miscellaneous Revenue $ 10,000.00 Total Other Revenue $ 42,000.00 Total Revenue $ 1,198,002.00 Gross Profit $ 1,198,002.00 Expenditures Grants & Scholarships Grants Colleqe Station Grants (HOT) $ 375,000.00 Navasota Grants $ 28,800.00 Rural Grants $ 8,000.00 Total Grants $ 411,800.00 Scholarships (CTA) $ 25,000.00 Total Grants & Scholarships $ 436,800.00 Salaries and Related Expenses Salaries & Wages Employer IRA Contributions Payroll Taxes & Fees Employer Health Ins. Contribution Total Salaries and Related Expenses $ 267,473.41 Fees for Services Accountinq Fees $ 24,000.00 Contractor Fee $ 5,000.00 Legal Fees $ - Total Fees for Services $ 29,000.00 Advertising, Printing, Promo. Tourism Marketing (inc. intern/work study production) $ 73,250.00 Affiliate Advertising $ 2,500.00 Total Advertising, Printing, Promo. $ 75,750.00 Programs ART for Life $ 13,000.00 Camps & Workshops Adult Workshop Expense $ 1,500.00 Children Camp Expense $ 9,000.00 Total Camps & Workshops $ 10,500.00 Community Events $ 500.00 Gallery/Exhibits $ 14,000.00 Public Art $ 77,000.00 Special Exhibits $ Programs -Other $ Total Programs $ 115,000.00 Fundraising Page 106 of 417 Boots & BBQ $ 5,000.00 Celebrate the Arts $ 50,000.00 Empty Bowls, Jr. $ 10,000.00 Gallery Dinners & Events $ 8,000.00 Holiday Market & Wreath Auction $ 500.00 Messina Hof Wine Label Competition $ 500.00 Stories at the Gallery $ 1,500.00 Total Fundraising $ 75,500.00 Office Expenses General Office Expenses $ 3,500.00 Information Technology $ 8,000.00 Postage, Mailing Service $ 650.00 Total Office Expenses $ 12,150.00 Occupancy Facilities & Equipment Rental $ 3,000.00 Insurance $ 17,000.00 Janitorial $ 11,160.00 Mortgage Expense (Interest) $ 26,000.00 Mortgage Expense (Principal) $ 40,000.00 Pest Control $ 500.00 Repairs & Maintenance $ 25,000.00 Security $ 1,500.00 Utilities $ 26,000.00 Total Occupancy $ 150,160.00 Mileage $ 3,000.00 Other expenses Artist/Exhibitor Commission $ 8,000.00 Bank Charaes & Fees Bank Charges $ 2,500.00 PayPal Fees $ 1,750.00 Total Bank Charges & Fees $ 4,250.00 Donated Goods and Services $ Donor Development $ 600.00 Investment Losses $ Meals $ 500.00 Memberships & Dues $ 1,250.00 Training & Development $ 1,000.00 Other Costs $ Total Other expenses $ 21,000.00 Total Expenditures $ 1,185,833.41 Net Operating Revenue $ 12,168.59 Page 107 of 417 October 23, 2025 Item No. 7.7. Arts Center HOT Tax Funding Agreement Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Center of Brazos Valley for FY26 in the amount of $583,406. 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 2025-2026 budget process the City Council approved funding for the Arts Center of Brazos Valley in the amount of $583,406. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2025-2026 Hotel Occupancy Tax Fund. Of this funding $375,000 is to be used for the Affiliate Grant Program, $79,033 is to be used for the operations and maintenance of the arts programming and gallery operations at the Arts Center facility, and $129,373 is to be used for tourism marketing and public art. State law requires that the City Council adopt the budget of any organization that is to be funded through Hotel Tax revenue. The Arts Council's budget is included in the Attachments. Attachments: 1. Arts Center FY26 Funding Agreement - HOT Fund Page 108 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Cm cEr Cmj ur.3r:v Eu.� x.�. �r�..uya E nr..rrrry CONTRACT#:26300018 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for Payment and Use of Hotel Tax Funds with Arts Council of Brazos Valley Name of Contractor: Arts Council of Brazos Valley CONTRACT TOTAL VALUE: $ 583,406.00 Grant Funded Yes ❑ No ❑■ Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding for this contract is available in the FY26 budget - HOT Fund - Budget Code: 31219100-6720 (If required)* CRC Approval Date*: Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL HA,ty EM4, ttar44o( 10/7/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE 10/7/2025 ASST CITY MGR — CFO DATE 906Vt, 1,6K,0 vta. 10/13/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 109 of 417 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 DB/A ARTS CENTER 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 DB/A Arts Center 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 31', March 31', June 30t', and September 30t', 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. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Page 110 of 417 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 EIGHTY-THREE THOUSAND FOUR HUNDRED SIX DOLLARS AND NO/100 CENTS ($583,406.00) 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, 2025, to September 30, 2026. 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 TWENTY-NINE THOUSAND THREE HUNDRED SEVENTY-THREE DOLLARS AND NO/100 CENTS ($129,373.00) 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, 2025, to September 30, 2026. Payment will be made in eleven monthly installments of $10,781.09 and the twelfth payment will be $10,781.01. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Page 111 of 417 (c) The amount of THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/100 CENTS ( ($375,000.00) shall be paid from the City's Hotel Tax Revenue for affiliate funding. The appropriated funds shall be used during the period of October 1, 2025, to September 30, 2026. 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. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Page 112 of 417 (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 Tan 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 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Page 113 of 417 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 to appoint members to the Board under the Agency's Bylaws. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 5 Page 114 of 417 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, 2025, and terminates at midnight on October 31, 2026; however, the program period shall commence on October 1, 2025, and terminate at midnight on September 30, 2026. 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 parry 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 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 6 Page 115 of 417 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 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Page 116 of 417 parry, and the terminating parry 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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 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. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 8 Page 117 of 417 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. 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. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 9 Page 118 of 417 (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 (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. Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 10 Page 119 of 417 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 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 II Page 120 of 417 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 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 Agency: Arts Council of Brazos Valley Attn: Leslie Bowlin, CEO 4180 Highway 6 South College Station, Texas 77845 12 Page 121 of 417 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance [Signatures on Following Page] Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 13 Page 122 of 417 ARTS COUNCIL OF BRAZOS VALLEY By: tksu , bbwuv" Printed Name: Leslie Bowlin Title: cFo Date: 10/7/2025 Contract No 26300018 Arts Council of Brazos Valley HOT Fund Form Revised 09-23-25 CITY OF COLLEGE STATION City Manager Date: Aam, thv,. ovia. City Attorney Date: 10/13/2025 �k (L—C,- Assistant City Manager Date: 10/7/2025 14 Page 123 of 417 Exhibit A Statement of Financial Position Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 I? Page 124 of 417 RTS INTER Prepared by The Bottom Line Corporation Prepared on September 29, 2025 For management use only Page 125 of 417 Table of Contents Statementof Activity.............................................................................................................................................3 Statementof Financial Position............................................................................................................................7 2/9 Page 126 of 417 Statement of Activity October 2024 - August 2U2, Total REVENUE 43000 Contributed Income 13,093.80 43100 Membership Dues 43120 Affliates Membership ,00.00 43130 Business Membership ,0.00 0 1 43140 BV Collective Membership 1,5 43150 Individual Membership 40.00 6,50.00 43160 Artist and Hotels Membership 3 50.00 Total 43100 Membership Dues 11,550.00 43200 Fundraising Events 43240 Celebrate the Arts 12 ,850.00 43245 Celebrate the Arts Scholarship 26,235.00 Total 43240 Celebrate the Arts 124,035.00 43250 Boots & BBO .00 43260 Empty Bowls, Jr. 0,495.99 15,376.50 43280 NEW Fundraiser Event 43290 NEW Fundraiser at ACBV Event 6,475.00 Total 43200 Fundraising Events 2,617.49 152,617.49 43300 Government Grants 43310 Brazos County 12,0 00 43330 College Station 32,083..34 43340 College Station HOT 545,0 43350 Navasota HOT 979.00 3,00. 1 ,000.00 43360 TCA Total 43300 Government Grants 14 642,163..56 43400 Foundation & Trust Grants , Total 43000 Contributed Income 827,943.99 44000 Program Service Revenue 44200 Camps & Workshops 44220 Children Camps 28,829.07 Total 44200 Camps & Workshops 28,175.00 131.12 44300 Classes 3,131.19 44400 Community Events Total 44000 Program Service Revenue 35,872.25 45000 Art & Merchandise Sales 2,184.08 2,135.57 46000 Other Revenue 183.80 46200 Investments 11,183.80 46300 Rentals 46400 Miscellaneous Revenue 11,116.34 46420 Interest Income The Arts Center of Brazos Valley For management use only 3/9 Page 127 of 417 Total Total 46400 Miscellaneous Revenue 11,116.34 Total 46000 Other Revenue 24,619.79 Discounts given 5.15 PayPal Sales 490.00 Sales 30.11 Uncategorized Income 126.26 Total Revenue 891,222.74 GROSS PROFIT 891,222.74 EXPENDITURES 60000 Grants & Scholarships 60100 Grants 60115 College Station Grants 360,000.00 60120 Navasota Grants 25,623.00 60130 Rural Grants 7,060.00 Total 60100 Grants 392,683.00 60200 Scholarships 16,000.00 Total 60000 Grants & Scholarships 408,683.00 61000 Salaries and Related Expenses 61100 Salaries & Wages 247,933.47 61200 Employer IRA Contributions 2,370.00 61400 Payroll taxes & fees 21,537.81 61600 Employer Health Ins. Contribution 3,683.76 Total 61000 Salaries and Related Expenses 275,525.04 62000 Fees for Services 62100 Accounting Fees 23,225.00 62200 Contractor Fee 13,419.50 62400 Marketing Intern & Work Study 7,354.91 62500 Program Intern & Work Study 2,867.50 Total 62000 Fees for Services 46,866.91 63000 Advertising, Printing, Promo. 781.71 63100 HOT Advertising 10,273.09 63200 Local Advertising 17,638.06 63300 Affiliate Advertising 12,126.06 Total 63000 Advertising, Printing, Promo. 40,818.92 64000 Programs 64010 ART for Life 10,000.00 64040 Camps & Workshops 64042 Children Camp Expense 5,573.35 Total 64040 Camps & Workshops 5,573.35 64070 Gallery 45,333.70 64080 Public Art 10,979.44 Total 64000 Programs 71,886.49 The Arts Center of Brazos Valley For management use only 4/9 Page 128 of 417 Total 100.00 65000 Fundraising 65100 Boots & BBO 00 65200 Celebrate the Arts 3,562.16 33,826.09 65300 Empty Bowls, Jr. 825.04 65600 NEW Fundraiser Event 525.42 65700 NEW at ACBV Fundraiser Event 3,765.71 Total 65000 Fundraising 43,126.2 66000 Office Expenses 7,535.79 7,325.40 66100 Information Technology 66200 Postage, Mailing Service _325.40 Total 66000 Office Expenses 10,987.47 68000 Occupancy 19 68200 Facilities & Equipment Rental ,. 15,61919.56 68300 Insurance 9,485.47 68400 Janitorial 2 24,87..48 68500 Mortgage Expense 68600 Pest Control 57905 2,. 68700 Repairs & Maintenance 1 ,517.00 68800 Security 21,489.66 68900 Utilities Total 68000 Occupancy . 8 98,297.8 7 69000 Mileage 2,.1 69100 Travel & In -Region Mileage _ 2,66565.16 Total 69000 Mileage 80000 Other expenses 11,277.61 80010 Artist Commission 69 80020 Bank Charges 80025 PayPal Fees 11556.73 1,539.81 80027 Stripe Fees Total 80020 Bank Charges 74.81 23 3,850.00 80030 Donated Goods and Services 41.87 341.64 80050 Investment Losses 55.64 80060 Meals 62 80070 Memberships & Dues 80080 Training & Development 112..09 16, 424.06 Total 80000 Other expenses 2.06 Uncategorized Expense 1,012,906.10 Total Expenditures NET OPERATING REVENUE -121,683.36 OTHER EXPENDITURES 10512. 90000 Misc. Other Expenses - .05 Prior Period Adjustment Total 90000 Misc. Other Expenses 9,63030.64 The Arts Center of Brazos Valley For management use only 5/9 Page 129 of 417 Total Total Other Expenditures 9,630.64 NET OTHER REVENUE-9,630.64 NET REVENUE $-131,314.00 The Arts Center of Brazos Valley For management use only 6/9 Page 130 of 417 Statement of Financial Position As of August 31, 2025 ASSETS Current Assets Bank Accounts 10100 Wells Fargo Business Checking *8775 10200 VB - Checking *3808 10210 VB - Savings *3816 10300 PayPal 10500 American Momentum Money Market 10600 American Funds 10800 Community Foundation of BV Total Bank Accounts Accounts Receivable 11000 Accounts Receivable 11200 Pledges Receivable 11210 Discount on Pledge Receivable Total 11200 Pledges Receivable 11500 Contributions Receivable Total 11000 Accounts Receivable Total Accounts Receivable Other Current Assets 12000 Undeposited Funds 12300 Art Inventory 12400 Prepaid Expenses Total Other Current Assets Total Current Assets Fixed Assets 14000 Property & Equipment 14100 Furniture and Equipment 14200 Buildings & Improvements 14300 Permanent Collection 14500 Land 14600 Intangibles 14900 Accum Depreciation 14901 Accum Amortization Total 14000 Property & Equipment Total Fixed Assets Other Assets 18000 Investments/Endowments 18040 Amarillo National Bank *6163CD Total 18000 Investments/Endowments Total -500.00 155,700.42 4,592.40 19,286.21 2,513.51 89,741.56 11,456.04 282,790.14 275.72 0.00 0.48 0.48 69,999.80 70,276.00 70,276.00 4,560.02 13,149.00 -1,162.81 16,546.21 369,612.35 160,565.90 1,732,733.71 657,023.02 392,430.00 20,000.00 -273,659.47 -1,666.67 2,687,426.49 2,687,426.49 0.00 102,078.07 102,078.07 The Arts Center of Brazos Valley For management use only Page 131 of 417 Total Total Other Assets 102,078.07 TOTAL ASSETS $3,159,116.91 LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable 20000 Accounts Payable 99,990.09 Total Accounts Payable 99,990.09 Credit Cards 21000 Wells Fargo Business Card - Boegner -6.99 21100 VB Credit Card *6140 -34,744.42 21110 VB Credit Card *7825 (*0167) 20,425.75 21120 VB Credit Card (*3592) 17,291.74 Total 21100 VB Credit Card *6140 2,973.07 Total Credit Cards 2,966.08 Other Current Liabilities 23000 Payroll Liabilities 0.00 23100 Federal Tax Payable 153.54 23200 Texas Unemployment Payable 82.49 23300 Simple IRA Payable 559.16 23500 Guardian Insurance Payable -201.88 23700 Accrued Compensated Absences 4,029.94 Total 23000 Payroll Liabilities 4,623.25 25000 Deferred Income 56,650.14 26200 Due to COCS- Reimbursements -42.88 26300 Due to COB - Reimbursements -3,000.00 28000 Sales Tax Payable 0.00 28100 Sales Tax Payable - Current 74.67 Total 28000 Sales Tax Payable 74.67 Total Other Current Liabilities 58,305.18 Total Current Liabilities 161,261.35 Long -Term Liabilities 29300 NP - Vera Bank 575,585.12 29900 Northgate Sculpture Fund 63,750.00 Total Long -Term Liabilities 639,335.12 Total Liabilities 800,596.47 Equity 31000 Net Assets - Donor Restricted 567,588.00 32000 Unrestricted Net Assets 1,922,246.44 Net Revenue-131,314.00 Total Equity 2,358,520.44 TOTAL LIABILITIES AND EQUITY $3,159,116.91 The Arts Center of Brazos Valley For management use only 8/9 Page 132 of 417 The Arts Center of Brazos Valley For management use only 9/9 Page 133 of 417 Exhibit B Narrative Summary of Activity Report Page 134 of 417 Exhibit C Performance Measures Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 14 Page 135 of 417 Exhibit D Certificates of Insurance Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 15 Page 136 of 417 ,d►co CERTIFICATE OF LIABILITY INSURANCE DAT/25/2D/YYYY) I 09/25/2025 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). PRODUCER CONTACT Bert Miller Wm. Albert Miller Agency E: 220 E. Washington Avenue Pn/oNN aYfr (936) 825 6789 FAX Nn,.(936) 825 6790 P. 0. Drawer 31 I E-MAIL bertmiller@milleragencyinc.com E-MAIL A• Navasota TX 77868 I INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Markel Insurance Co INSURED INSURER B Indemnity Insurance Co Arts Council Brazos Valley :Philadelphia I The Arts Center INSURER C PO Box 10626 I INSURER D College Station TX 77842- I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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. INSR ADDL SUBR POLICY EFF POLICY EXP I TR TYPE OF INSURANCE IRICR w%in POLICY NUMBER IMMIDDIYYM lMM/Dn/yyvvl LIMITS B GENERAL LIABILITY PHPK2656997-012 02/16/2025 02/16/2026 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL DAMAGE TO RENTED 100 000 LIABILITY FX_1 PRFMISFS (Fa nrr.iirrP .) $ 5,000 CLAIMS -MADE OCCUR MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 GE PRO- F $ "' POLICY LOC B AUTOMOBILE LIABILITY PHPK2656997-012 02/16/2025 02/16/2026 COMBINED LIMIT ((Fn —rid k 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY $ AUTOS AUTOS (Per accident) X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per nrridant) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION MWC0045351-13 02/16/2025 02/16/2026 X WC STATU- I 1OTH- TnPV I iRAMZ PIP AND EMPLOYERS' LIABILITY Y❑ I 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED N / A 1,000,000 (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS helnw EL DISEASE - POLICY LIMIT $ B Property PHPK2656997-012 02/16/2025 02/16/2026 Business Property 95,000 Collections -others 300,000 Collections- ACBV 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mores ace is required) 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. CERTIFICATE HOLDER CANCELLATION Al 002351 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Department ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station TX 77842- AUTHORIZED REPRESENTATIVE r I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 137 of 417 October 23, 2025 Item No. 7.8. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY26 in the amount of $25,000. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY26 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 2025-2026 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 2025-2026 General Fund. Attachments: 1. Chamber of Commerce FY26 Funding Agreement Page 138 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Cm cEr 0aiirur.3r:v Eu.� x.�. �r�..uya E nr..rrrry CONTRACT#: 26300015 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for payment and and us of General Funds with Bryan/College Station Chamber of Commerce Name of Contractor: Brazos Valley Chamber of Commerce CONTRACT TOTAL VALUE: $ 25,000.00 Grant Funded Yes ❑ No ❑■ Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A [—]CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding forth is contract is available in the FY26 budget -General Fund -Budget Code: 10019100-6720 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL M" EM4, tcorkzQ 10/13/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE 10/13/2025 ASST CITY MGR — CFO DATE 906Vt, 1,6K,. 6lna. 10/13/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 139 of 417 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF GENERAL FUNDS WITH BRYAN/College Station CHAMBER OF COMMERCE DB/A BRYAN/COLLEGE STATION CHAMBER OF COMMERCE This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation ("City") and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE DB/A BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, a Texas Non — Profit Corporation ("Agency"). WHEREAS, Agency's mission is to enhance the economic well-being of the businesses of the community, 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 Bryan/College Station Chamber of Commerce d/b/a Bryan/College Station Chamber of Commerce, 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 31', March 31', June 30t', and September 30t', 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 Page 140 of 417 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 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 STATEMENT OF WORK 2.1 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. a. In addition to events listed in 2.1 Agency will also provide the benefits listed in Exhibit F of this Funding Agreement. 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 TWENTY-FIVE THOUSAND DOLLARS AND NO/100 CENTS ($25,000.00) from the City's General Fund. The appropriated funds shall be used during the period of October 1, 2025, to September 30, 2026. Payment 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 the date of the City's receipt and the City's approval of the application for reimbursement. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 Page 141 of 417 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, 2025. After that date, unexpended funds may be reallocated. Unexpended funds will remain in the possession of the City. 3.2 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 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 parry 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 3 Page 142 of 417 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 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, 2025, and terminates at midnight October 31, 2026. However, the program period shall begin October 1, 2025, and terminates at midnight September 30, 2026. 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 4 Page 143 of 417 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 (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: Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 5 Page 144 of 417 (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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 Page 145 of 417 There shall be no additional release 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 7 Page 146 of 417 (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 are required; (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 8 Page 147 of 417 (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. 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. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 9 Page 148 of 417 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 parry 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 parry 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 parry 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, Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 10 Page 149 of 417 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 parry 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 Page 150 of 417 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 By: OJAI, 6V't, tr Printed Name: Glen Brewer Title: Prasirient R (.FI) Date: 10/12/2025 Contract No 26300015 Chamber of Commerce General Fund Form Revised 09-23-25 CITY OF COLLEGE STATION City Manager Date: Qmv, I,6VIVIO, City Attorney Date: 10/13/2025 �(L—c-,- Assistant City Manager Date: 10/13/2025 12 Page 151 of 417 EXHIBIT A Statement of Financial Position Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 12 Page 152 of 417 11:27 AM Bryan/College Station Chamber of Commerce 09/25/25 Balance Sheet Cash Basis As of August 31, 2025 Aug 31, 25 ASSETS Current Assets Checking/Savings Extraco Trust Account 77,682.42 Truist MM - 3.01 % APY 74,723.90 Prosperity Bank CD 265,756.19 ANB MM - 2.02% APY 90,653.83 Extraco Savings Account 123.73 Frost Bank MM 156,843.41 Petty Cash 1,608.87 American Momentum CD 110,776.44 Extraco Bank CD 187,569.30 Guaranty Bank & Trust CD 108,912.12 FFIN - Building Fund .50% IR 2,608.26 First Financial -Operating 790,035.44 First Financial -Payroll Act 1,000.00 Total Checking/Savings 1,868,293.91 Total Current Assets 1,868,293.91 Fixed Assets Building 141,428.80 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 934,927.61 TOTAL ASSETS 2,803,221.52 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Due To/From YPA -1.00 Deferred Rev - LBAA Reunion 16,500.00 Deferred Revenue BSWH Annual Banquet Sponsor 1,500.00 LB Tuition 1,000.00 EOC Sponsor 2,500.00 JLB Student Sponsorship 500.00 Total BSWH 5,500.00 St. Joe's Health Health and Wellness Event 5,000.00 Annual Banquet Table of 10 1,200.00 EOC Briefing Table Sponsor 400.00 Total St. Joe's Health 6,600.00 Capital Farm Credit Ag Breakfast 1,500.00 Annual Banquet Table 1,000.00 Total Capital Farm Credit 2,500.00 Guaranty Bank & Trust Annual Banquet Table 900.00 Total Guaranty Bank & Trust 900.00 Amarillo National Bank Page 1 Page 153 of 417 11:27 AM Bryan/College Station Chamber of Commerce 09/25/25 Balance Sheet Cash Basis As of August 31, 2025 Aug 31, 25 Annual Banquet Sponsorship 1,000.00 Total Amarillo National Bank 1,000.00 TAMU Funding Contract Funding 11,185.00 Membership Break/Lunch 3,000.00 Annual Banquet 1,200.00 EOC Sponsor 2,000.00 B/CS Day - Austin Trip -1,000.00 YTC - Title Sponsor 2,500.00 Discretionary 585.00 Total TAMU Funding 19,470.00 Def Revenue -Biz After Hours 1,000.00 Def Revenue -Leadership Brazos 500.00 Def Revenue Golf Spons. 21,800.00 Def Revenue Lobsterfest Spons 10,500.00 Def Revenue Health&Well Lunch 2,500.00 Def Revenue Special Events 100.00 Def Revenue Career Fair 500.00 Def-Ag Breakfast 500.00 Def Revenue -Unassigned 2,560.00 Deferred Revenue - Other 100.00 Total Deferred Revenue 76,030.00 Payroll Liabilities. United Way Contribution Payable 1,000.00 SUI Tax Payable 5.04 Pension Contribution Payable 5,504.69 Payroll Liabilities 241.98 FUTA Tax Payable 7.91 Total Payroll Liabilities. 6,759.62 Accrued Office Expense 1,960.24 Due To LBAA -2.609.36 Total Other Current Liabilities 98,639.50 Total Current Liabilities 98,639.50 Total Liabilities 98,639.50 Equity Facility Reserves 28,925.49 General Unrestricted 2,329,678.05 Net Income 345,978.48 Total Equity 2,704,582.02 TOTAL LIABILITIES & EQUITY 2,803,221.52 Page 2 Page 154 of 417 11:26 AM Bryan/College Station Chamber of Commerce 09/25/25 Profit & Loss Cash Basis October 2024 through August 2025 Oct '24 - Aug 25 Ordinary Income/Expense Income LBAA Anniversary LBAA Anniv. Event 27,055.00 Total LBAA Anniversary 27,055.00 Contract Income 29,150.00 Annual Banquet Revenues Banquet Sponsorship 16,900.00 Banquet Table Sales 52,470.00 Banquet Ticket Revenue 4,700.00 Total Annual Banquet Revenues 74,070.00 Economic Outlook Conf Revenues 102,990.00 Founder's Night Revenue Founder's Night Admiss Revenue 5,585.04 Founder's Night Other Revenue 925.00 Founder's Night Sponsorship 49,014.96 Total Founder's Night Revenue 55,525.00 Glen Shepherd Seminar Revenues 18,518.00 Golf Tournament Revenues Golf Other Revenue 200.00 Golf Sponsorship 50,213.28 Prior Year Golf Tourney 4,174.00 Total Golf Tournament Revenues 54,587.28 Governmental Affairs Revenues B/CS Day (Austin/DC) 98,460.00 Gvnmt Affairs Sponsorship 12,500.00 Total Governmental Affairs Revenues 110,960.00 Job Fair Revenues Job Fair Booth Fees 5,250.00 Job Fair Other Revenue 20.00 Job Fair Sponsorship 500.00 Total Job Fair Revenues 5,770.00 Leadership Div Revenues Jr LB Banquet Revenue 300.00 Jr LB Other Revenue 435.00 Jr LB Sponsorship Grants 27,015.00 Jr LB Tuition Fees 1,800.00 LB Other Revenue 1,373.00 LB Tuition Fees 37,259.21 Total Leadership Div Revenues 68,182.21 Lobsterfest Revenues Lobsterfest Admissions 150.00 Lobsterfest Sponsorship 12,500.00 Prior Year LobsterFest 8,600.00 Total Lobsterfest Revenues 21,250.00 Membership Directory Revenues Directory Ad Revenue 18,900.00 Directory Add'I List Revenue 2,250.00 Mobile Upgrade Sales 5,050.00 Total Membership Directory Revenues 26,200.00 Membership Recruitment Membership Drive Sales 14,502.50 Page 1 Page 155 of 417 11:26 AM Bryan/College Station Chamber of Commerce 09/25/25 Profit & Loss Cash Basis October 2024 through August 2025 Oct '24 - Aug 25 Total Membership Recruitment 14,502.50 New Membership Sales Revenue New Dues -Sales 44,550.00 Total New Membership Sales Revenue 44,550.00 Other Community Devlpmt Act Rev AG Breakfast Revenue 21,580.00 AG Buying Group/Crawfish Boil 55,484.00 Career Fair Revenue 11,045.00 Water Cooler 5K 16,200.00 Total Other Community Devlpmt Act Rev 104,309.00 Other Membership Act Revenues Ambassador Revenue 3,894.50 Biz After Hours Sponsorship 18,000.00 Deluxe Ribbon Cutting 33,865.00 Inner Circle Fees 108.00 Inner Circle Sponsor 4,687.50 Insider Report Advertising 2,474.00 Mem Break/Lunch Revenue 55,680.00 Member product Sponsorship 2,000.00 New Member Orientation Sponsor 3,000.00 Newsletter Advertising Revenue 12,570.00 Web Site Advertising Revenue 1,915.00 Website Enhancement 300.00 Total Other Membership Act Revenues 138,494.00 Other Revenues Certificates of Origin 811.00 Interest/Royalty Revenue 20,148.63 Other Income 14,173.61 Total Other Revenues 35,133.24 Other Special Project Revenues Special Events Registration 520.00 Special Events Sponsorship 15,900.00 Total Other Special Project Revenues 16,420.00 Renewal Dues 456,723.90 Taste of Aggieland Revenues TOA/Admission Fees 23,367.82 TOA/Booth Revenue 4,900.00 TOA/Sponsorship Revenue 24,500.00 TOA/Taxable Drinks 522.67 TOAOther Revenue 470.00 Total Taste of Aggieland Revenues 53,760.49 Tourism Revenues Tourism Funding/Bryan 7,500.00 Tourism Funding/College Station 25,000.00 Total Tourism Revenues 32,500.00 Total Income 1,490,650.62 Gross Profit 1,490,650.62 Expense LBAA Anniversary Expenses LBAA Anniv. Event Expense 13,936.16 Total LBAA Anniversary Expenses 13,936.16 Page 2 Page 156 of 417 11:26 AM Bryan/College Station Chamber of Commerce 09/25/25 Profit & Loss Cash Basis October 2024 through August 2025 Oct '24 - Aug 25 HOA Assessment 1,305.96 Annual Banquet Expenses Annual Banquet/Other Exp 29,736.37 Total Annual Banquet Expenses 29,736.37 Bank Charges/Note Payments Credit Card Fees 16,612.33 Interest Exp 283.75 Bank Charges/Note Payments - Other 865.80 Total Bank Charges/Note Payments 17,761.88 Economic Outlook Conf Expenses Econ Outlook Conf/Other Exp 27,205.23 Total Economic Outlook Conf Expenses 27,205.23 Founder's Night Expenses Founder's Night/Other Expenses 9,454.93 Founder's Night/Postage 560.33 Total Founder's Night Expenses 10,015.26 Glen Shepherd Seminar Expenses 15,682.06 Golf Tournament Expenses Golf Tourney/Other Exp 3,242.43 Total Golf Tournament Expenses 3,242.43 Governmental Affairs Expenses B/CS Day Exp 66,393.17 Govmt'I Aff/Meals and Ent 325.13 Govmt'I Aff/Other Exp 20,936.23 Total Governmental Affairs Expenses 87,654.53 Job Fair Expenses Job Fair/Other Exp 51.03 Total Job Fair Expenses 51.03 Leadership Div Expenses Jr LB/Meals 12,594.94 Jr LB/Other Exp 4,549.93 LB/Meals 1,418.42 LB/Other Exp 9,290.49 LBAA/Meals 24.03 Total Leadership Div Expenses 27,877.81 Lobster Fest Expenses LobsterFest/Other Exp 886.25 Total Lobster Fest Expenses 886.25 Membership Directory Expenses Directory/Other Exp 15,110.55 Directory/Postage 2,554.50 Total Membership Directory Expenses 17,665.05 Other Community Devlpmt Act Exp AG Breakfast Exp 4,786.42 AG Buying Group 54,437.79 Career Fair Exp 7,691.85 Community Devlpmt/Other Exp 4,102.17 Community Devlpmt/Meals 195.21 Water Cooler 5K Exp 2,923.29 Total Other Community Devlpmt Act Exp 74,136.73 Page 3 Page 157 of 417 11:26 AM Bryan/College Station Chamber of Commerce 09/25/25 Profit & Loss Cash Basis October 2024 through August 2025 Oct '24 - Aug 25 Other Membership Act Expenses Ambassador/Meals 1,991.11 Ambassador/Other Exp 723.85 Inner Circle/Other Exp 1,193.65 M'ship Break/Lunch/Other Exp 666.31 Membership/Meals 52.70 Membership/Other Exp 437.01 Newsletter/Other Exp 14,142.63 Newsletter/Postage 4,491.81 Total Other Membership Act Expenses 23,699.07 Other Operating Expenses Rent -Twin City Properties 38,500.00 Audit/Legal/Professional 38,908.19 Board Exp 1,321.25 Board exp-meals 771.83 Director/Officer Liability Ins 1,745.00 Equipment and Fixture Purchase 7.00 Equipment Lease Exp 7,352.70 Equipment Repair/Maintenance 40.79 Events/Activities 649.68 Executive Conferences 3,830.54 Fees Expense 105.11 Internet Exp 3,524.09 Janitorial Expense 1,527.04 Kitchen Supplies 343.00 Meals and Entertainment 4,005.47 Office Supplies 4,789.53 Postage Core Servs/Postage 369.23 Postage Purchase Pool 2,263.77 Total Postage 2,633.00 Property Tax Exp 260.03 Property/Casualty Ins 4,396.00 Software/Technical Support 18,745.60 Staff Mileage Core Servs/Staff Mileage 7,650.61 Total Staff Mileage 7,650.61 Subscriptions/Dues Exp 9,866.18 Sympathy/Recognition Exp 48.44 Telephone Exp 2,248.45 Workmen's Comp Ins Exp 1,184.00 Total Other Operating Expenses 154,453.53 Other Special Project Expenses Special Events/Other Exp 7,323.20 Total Other Special Project Expenses 7,323.20 Salaries and Benefits Expenses Bonuses 33,712.72 Commissions 18,792.75 Dental Insurance Contra-WH Dent Ins -446.64 Emp And Dep Dent Ins 3,081.45 Total Dental Insurance 2,634.81 Fringe Benefits incl. in Emp W2 0.00 FUTA Tx Exp 378.00 Health Insurance Contra-WH Dep Ins -8,930.10 Page 4 Page 158 of 417 11:26 AM Bryan/College Station Chamber of Commerce 09/25/25 Profit & Loss Cash Basis October 2024 through August 2025 Oct '24 - Aug 25 Emp and Dep Hth Ins 63,868.16 Total Health Insurance 54,938.06 Vision Contra-WH Dep. ins -70.08 Emp and Dep Vision Ins 698.42 Total Vision 628.34 Life and STD Insurance Contra-WH Lf STD LTD -351.48 Life ADD STD LTD 8,360.87 Total Life and STD Insurance 8,009.39 Medicare Tx Exp 6,967.24 Pension Plan Contr 30,975.36 Sal and Wages 403,886.92 Sick Pay 4,196.75 Social Security Tx Exp 29,790.96 SUI Tx Exp 202.51 Vacation Pay 17,642.22 Total Salaries and Benefits Expenses 612,756.03 Taste of Aggieland Expenses TOA/Meals 48.66 TOA/Other Auction 500.00 TOA/Other Exp 22,904.07 Total Taste of Aggieland Expenses 23,452.73 Total Expense 1,148,841.31 Net Ordinary Income 341,809.31 Other Income/Expense Other Income Civics Bee 4,169.17 Civics Bee Designated Funds 0.00 Total Other Income 4,169.17 Net Other Income 4,169.17 Net Income 345,978.48 Page 5 Page 159 of 417 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 160 of 417 EXHIBIT C Performance Measures Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 14 Page 161 of 417 EXHIBIT D Certificates of Insurance Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 15 Page 162 of 417 BRYACOL-04 BDREIE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (M MID D/YYYY) 9/25/2025 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). PRODUCER CONTACT Breanna Dreier-Gligoor Dexter & Company of Central Texas, Inc. PHONE FAX 4030 Highway 6 S. Ste. 310 LAIC, No, Ext): (979) 764-8444 (A/C, No):(979) 694-7603 E MAIL College Station, TX 77845 ABDRESS: bdreier@dextercompany.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Allmerica Financial Benefit Insurance Company 41840 INSURED INSURER B : Chubb Indemnity Insurance Companv 12777 Bryan College Station Chamber of Commerce INSURER C : Philadelphia Insurance Company 1733 Briarcrest Dr. Ste 200 INSURER D : ACE American Insurance Companv 22667 Bryan, TX 77802 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/OD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO ❑ LOC JECT OTHER A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe and//ep�rr p C Direct lOCS �TTlce STIONS below D Cyber Liability Z2DH877593 Z2DH877593 Z2DH877593 71776505 PHSD1800609-006 D94684377 1/1/2025 1/1/2026 DAMAGE TO RENTED PREMISES (Fa occurrence) $ MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Fa accident) $ 1/1/2025 1/1/2026 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EACH OCCURRENCE $ 1/1/2025 1/1/2026 (AGGREGATE $ X STATUTE FIR 5/1/2025 5/1/2026 E L EACH ACCIDENT $ 7/1/2025 7/1/2026 1/1/2025 1/1/2026 E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ 1,000,0001 5,0001 1,000,0001 2,000,0001 Included) 1,000,0001 1,000,0001 1,000,0001 1,000,0001 1,000,0001 1,000,0001 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 General Liability policy also has Primary and Non - Contributory wording. 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. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station Attn: Risk Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 9 ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 163 of 417 AGENCY CUSTOMER ID: BRYACOL-04 LOC #: 1 ALRO ADDITIONAL REMARKS SCHEDULE AGENCY Dexter & Company of Central Texas, Inc. POLICY NUMBER SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED Brryyan College Station Chamber of Commerce 1733 Briarcrest Dr. Ste 200 nryan, TX 77802 EFFECTIVE DATE: SEE PAGE 1 BDREIER Page 1 of 1 Description of Operations/Locations/Vehicles: The Umbrella Policy includes a blanket 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. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 164 of 417 REIMBURSEMENT REQUEST FORM CITY OF COLLEGE STATION GENERAL FUND FUNDING REQUEST AGENCY: CONTRACT EXPENSES: (INVOICES OR ACCEPTABLE ALTERNATIVE DOCUMENTATION MUST BE SUBMITTED) TOTAL REIMBURSEMENT REQUEST EXPENSES FOR THE PERIOD OF: AMOUNT REMAINING IN FUNDING AGREEMENT BUDGETED CURRENT YEAR TO DATE REQUEST REQUESTED $ $ $ $ $ $ I hereby request reimbursement for approved program expenses to date in the amount of $ reimbursement submitted is accurate and in accordance with the approved funding agreement. Signature of Authorized Agency Contact Date $ I certify that the request for Page 165 of 417 Agency's Certification and Reimbursement Request Form Agency Name Program Name Name of Agency Contact I. Agency's Certification and Reimbursement Request Agency's Address Contract # 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 166 of 417 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 will 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 City Council (John Nichols, Mayor) - City of College Station (Bryan Woods, City Manager) - City of College Station Parks and Recreation (Kelsey Heiden, Parks and Recreation Director) Listed under Event Facilities and Recreation - College Station Utilities (Glenn Gavit, Electric Utility Director; Gary Mechler, Water Services Director) Listed under Utilities 4. Leadership Brazos • Chamber shall provide $1,000 to be used for 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 167 of 417 October 23, 2025 Item No. 7.9. Presentation, discussion, and possible action on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY26 in the amount of $49,230. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and Keep Brazos Beautiful for FY26 in the amount of $49,230. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2025-2026 budget process the City Council approved funding for Keep Brazos Beautiful in the amount of $49,230. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2025-2026 Solid Waste Fund: $34,990 is to be used for the operations and maintenance, and $14,240 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. FY26 Funding Agreement Keep Brazos Beautiful Page 168 of 417 V/4'" CONTRACT & AGREEMENT ROUTING FORM Crri oii Coiutws Smi io-N CONTRACT#: 26800020 PROJECT #: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for Payment and use of Solid Waste Funds with Keep Brazos Beautiful Name of Contractor: Keep Brazos Beautiful, Inc. CONTRACT TOTAL VALUE: $ 49,230.00 Debarment Check Yes No 0 N/A Section 3 Plan Incl. Yes No [E—] N/A NEW CONTRACT RENEWAL # Grant Funded Yes El No If yes, what is the grant number:) Davis Bacon Wages Used Yes1:1 NoN N/A Buy America Required Yes No* N/A Transparency Report Yes No FE—] N/A CHANGE ORDER # OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding for this contract is available in the FY26 budget - Solid Waste Fund - Budget Code: 52149100-6720 (If required) * CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL MA,tq, EM4, LemrkzQ 10/8/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ( A �� 10/8/2025 ASST CITY MGR — CFO DATE 906Vt, I,bV> 61(10- 10/8/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 169 of 417 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 31', March 31', 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 Page 170 of 417 4.8 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 FOURTEEN THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($14,240.00) 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) FIVE THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS ($5,740.00) of Community Enhancement funding will be used to support the Annual Awards Gala and scholarship luncheon 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 2 Page 171 of 417 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-NINE THOUSAND TWO HUNDRED AND THIRTY AND NO/100 DOLLARS ($49,230.00) 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, 2025, to September 30, 2026. (b) The total amount of FOURTEEN THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($14,240.00) 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 30t', April 30th, July 30t', October 301h 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 Page 172 of 417 (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 parry 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 306, 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 4 Page 173 of 417 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, 2025, and terminates at midnight October 31, 2026. However, the program period shall begin October 1, 2025, and terminates at midnight September 30, 2026. 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 Page 174 of 417 (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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 6 Page 175 of 417 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 parry 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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 7 Page 176 of 417 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 Page 177 of 417 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". Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 9 Page 178 of 417 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 10 Page 179 of 417 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 parry 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 parry, 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 parry 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 parry 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 parry 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 parry 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. Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 Page 180 of 417 Each party has the right to change its business address by giving at least thirty (30) days in 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: J. Brooke Arellano, Executive Director 1713 Broadmoor Drive Suite 302 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 12 Page 181 of 417 List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance KEEP BRAZOS BEAUTIFUL, INC By: ,. br6kt, AftivAh Printed Name: J. Brooke Arellano Tltle: FxPrutivP norector Date: 10/8/2025 Contract No 26800020 Keep Brazos Beautiful Solid Waste Fund Form Revised 09-23-25 CITY OF COLLEGE STATION City Manager Date: Qar6w 1'6V#V1a. City Attorney Date: 10/8/2025 Assistant City Manager Date: 10/8/2025 13 Page 182 of 417 EXHIBIT A FINANCIAL ACTIVITY REPORT Contract No. 22300004 Funding Agreement- General Fund Page 183 of 417 Balance Sheet As of September 29, 2025 Total ASSE Current Assets Bank Accounts 00 Cash - Wells Fargo checking Prosperity Bank Checking - 8571 4..85 Prosperity Bank MMA - 2504 94,588.30 , 104,94343.15 Total Bank Accounts Accounts Receivable Accounts Receivable -900.00 Total Accounts Receivable -900.00 Other Current Assets 1499 Undeposited Funds 0.00 Total Other Current Assets 0.00 104,043.15 Total Current Assets Fixed Assets .00 Furniture and equipment -7,202.00 Accumulated Depreciation 7,202.00 Original Cost Total Furniture and equipment 0.00 0.00 Total Fixed Assets $104,043.15 TOTAL ASSETS LIABILITIES AND EQUITY Liabilities Current Liabilities Accounts Payable Accounts payable 4,950.00 Total Accounts Payable 4,950.00 Other Current Liabilities Direct Deposit Payable 0.00 0.00 Payroll Liabilities Allstate ICHRA 3,756.00 Federal Taxes (941/944) -3,442.56 NC Income Tax 980.00 980.00 TX Unemployment Tax 0.00 Total Payroll Liabilities 129 ,0..00 Retirement payable Total Other Current Liabilities 1,2.44 Total Current Liabilities 6,2433.44 6,243.44 Total Liabilities 2/5 Page 184 of 417 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 137,200.91 Net Income -39,401.20 Total Equity 97,799.71 TOTAL LIABILITIES AND EQUITY $104,043.15 3/5 Page 185 of 417 Profit and Loss October 1, 2024 - September 29, 2025 Total Oct 1, 2024 - Sep 29, 2025 Oct 1, 2023 - Sep 29, 2024 (PP) INCOME 1 XX Pledged Support 1 OX Program Support 101 Brazos County 15,000.00 15,000.00 102 City of Bryan 30,000.00 103 City of College Station 39,458.42 31,001.07 Total 1 OX Program Support 84,458.42 46,001.07 12X Awards Luncheon 122 City of Bryan 10,000.00 Total 12X Awards Luncheon 10,000.00 Total 1 XX Pledged Support 94,458.42 46,001.07 3XX Estimated Income 31 X Interest 1,428.05 1,409.27 Total 3XX Estimated Income 1,428.05 1,409.27 4XX Dependent on Program Success 430 Tree Sale -184.66 Total 4XX Dependent on Program Success -184.66 City of Bryan Project Grants 40,000.00 Programs/Events Awards Ceremony -36.00 Total Programs/Events -36.00 Total Income 95,665.81 87,410.34 GROSS PROFIT 95,665.81 87,410.34 EXPENSES 6XX Operational Expense 15,437.43 937.01 60X Board/Networking 326.41 80.27 601 Insurance - Liability & BOD 7,971.25 1,381.73 602 Board Training & Travel 170.47 603 Dues & Memberships 2,115.90 1,340.00 604 Meeting Expenses 40.48 73.12 Total 60X Board/Networking 10,624.51 2,875.12 62X Office 157.76 621 Rent/Storage 15,750.00 13,650.00 622 Telephone 2,009.75 997.68 623 Website/Internet 2,783.71 1,890.96 624 Professional Services 8,365.10 2,795.00 625 Equipment 297.98 3,344.32 4/5 Page 186 of 417 Total Oct 1, 2024 - Sep 29, 2025 Oct 1, 2023 - Sep 29, 2024 (PP) 626 Supplies 2,649.93 2,860.51 627 Printing 402.61 629 Maintenance 38.64 71.89 630 Miscellaneous Expenses 354.45 Total 62X Office 32,809.93 25,610.36 65X Staff 651 Staff Salary 52,200.00 44,904.35 653 Payroll Taxes 3,885.96 3,435.18 654 Worker's Comp Insurance 3,062.42 1,160.47 656 Prof. Development & Travel 4,414.08 2,225.88 Total 65X Staff 63,562.46 51,725.88 Processing Fees 24.96 Total 6XX Operational Expense 122,459.29 81,148.37 7XX-9XX Program Expenses 7XX Required Programs 70X Education Program 174.84 72X Recycling Programs 99.00 74X Litter Prevention Programs 744 Litter Toolkit 165.41 29.20 746 Texas Trash Off 2,726.66 Total 74X Litter Prevention Programs 2,892.07 29.20 76X Beautification Program 763 Wildflower Program 2,707.56 7,921.50 Total 76X Beautification Program 2,707.56 7,921.50 780 Awards Ceremony Expense 4,692.17 4,641.98 781 Brazos Valley Earth Day 810f Program Advertising 91.71 Total 781 Brazos Valley Earth Day 91.71 Total 7XX Required Programs 10,558.35 12,691.68 9XX Programs Funded by Surplus 905 Volunteer Software 14.08 Total 9XX Programs Funded by Surplus 14.08 Total 7XX-9XX Program Expenses 10,572.43 12,691.68 Advertising 972.41 832.80 Operational Expenses 1,062.88 Total Expenses 135,067.01 94,672.85 NET OPERATING INCOME -39,401.20 -7,262.51 NET INCOME $-39,401.20 $-7,262.51 5/5 Page 187 of 417 Exhibit B Narrative Summary of Activity Report Please provide a narrative summary of the quarterly activities funded by the City of College Station. Including a year-to-date summary of City -funded programming elements would also be beneficial. Use additional sheets if more space is needed. Page 188 of 417 Exhibit C Performance Measures Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 14 Page 189 of 417 Exhibit D Certificates of Insurance Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 1> Page 190 of 417 KEEPBRAZ-1 ESTEIN HC.(JKLJ CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 10/712/7/2025 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). PRODUCER CONTACT Evelyn Stein NAME: Bryan, TX-ANCO Insurance Managers, Inc. - Head Office -Hub International PHONE FAx Insurance Services (A/C, No, Ext): (979) 774-6212 (A/C, No):(979) 774-5372 1111 Briarcrest Drive ADDRESS: evelyn.stein@hubinternational.com Bryan, TX 77802 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Underwriters Insurance Company 30104 INSURED INSURER B: Texas Mutual Insurance Company 22945 Keep Brazos Beautiful, Inc INSURERC: 1713 Broadmoor Dr Suite 302 INSURER D : Bryan, TX 77802 1 INSURER E INSURER F : 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD (MM/DD/YYYYI (MM/DD/WYYI LIMITS 1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE OCCUR 61SBAANIXDB 9/1/2025 9/1/2026 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,0001 $ MED EXP (Anv one person) $ 10,0001 PERSONAL & ADV INJURY $ 1,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0001 POLICY X PELOC 2,000,0001 COT- PRODUCTS - COMP/OP AGG $ OTHER $ 1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,0001 $ ANY AUTO 61SBAANlXDB 9/1/2025 9/1/2026 BODILY INJURY (Per person) $ 1 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 1 X AUTOS X AUUTOS ONLYY E 1 ONLY identDAMAGE (Per accident) $ $ 1 UMBRELLA LAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ 1 EXCESS LIAB AGGREGATE $ 1 DED I I RETENTION $ $ 1 B WORKERS COMPENSATION X IPER H OER 1 AND EMPLOYERS' LIABILITY Y/ N 0001224531 5/24/2025 5/24/2026 ANY PROPRIETOR/PARTNER/EXECUTIVE STATUTE 1,000,0001 OFFICER/MEMBER EXCLUDED N / A in NH) ❑ E L EACH ACCIDENT $ 1,000,0001 (Mandatory E L DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,0001 DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The general liability policy includes a blanket 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 general liability and workers' compensation policies include a blanket waiver of subrogation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management PO Box 9960 College Station, TX 77842 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 191 of 417 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 192 of 417 THE -A HARTFORD BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier. The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies.- (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Form SL 00 00 10 18 Page 1 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 193 of 417 THE -A HARTFORD (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Medical Expenses Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension - Supplementary Payments a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Form SL 00 00 10 18 Page 2 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 194 of 417 THE -A HARTFORD (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Form SL 00 00 10 18 Page 3 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 195 of 417 THE HARTFORD Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2), (3) or (4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Form SL 00 00 10 18 Page 4 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 196 of 417 THE -A HARTFORD This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (i i) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Form SL 00 00 10 18 Page 5 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 197 of 417 THE -A HARTFORD However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and 'loading or unloading". This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than "unmanned aircraft") or watercraft; (e) "Bodily injury" or "property damage" arising out of: (1) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f) An aircraft (other than "unmanned aircraft") that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Form SL 00 00 10 18 Page 6 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 198 of 417 THE HARTFORD i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10)Pharmaceutical services including but not limited to: (a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers; (11)Computer consulting, design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Form SL 00 00 10 18 Page 7 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 199 of 417 THE -A HARTFORD (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 200 of 417 THE HARTFORD (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement"; (5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of: (a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or (b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: a. Copyright; b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or c. Title of any literary or artistic work; or (ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of: (a) Advertising content for others on your web site; (b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 201 of 417 THE -A HARTFORD (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable: (i) Your web site; or (ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your "advertisement", of: (1) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". q. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability (1) Damages because of "bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or Form SL 00 00 10 18 Page 10 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 202 of 417 THE -A HARTFORD (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or "suit' alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or "suit' for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Form SL 00 00 10 18 Page 11 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 203 of 417 THE -A HARTFORD c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: Form SL 00 00 10 18 Page 12 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 204 of 417 THE -A HARTFORD (a) Owned, occupied or used by: (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Form SL 00 00 10 18 Page 13 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 205 of 417 THE -A HARTFORD a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 206 of 417 THE -A HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to: Form SL 00 00 10 18 Page 15 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 207 of 417 THE -A HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 208 of 417 THE -A HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 209 of 417 THE -A HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 210 of 417 THE -A HARTFORD (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form SL 00 00 10 18 Page 19 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 211 of 417 THE -A HARTFORD (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: Form SL 00 00 10 18 Page 20 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 212 of 417 THE HARTFORD a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Form SL 00 00 10 18 Page 21 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 213 of 417 THE -A HARTFORD 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24. "Volunteer worker" means a person who: a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Form SL 00 00 10 18 Page 22 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Page 214 of 417 t ---eX,qSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/24/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001224531 of Texas Mutual Insurance Company effective on 5/24/25 Issued to: KEEP BRAZOS BEAUTIFUL INC NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 4/16/25 WC 42 03 04 B Page 215 of 417 October 23, 2025 Item No. 7.10. 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 FY26 in the amount of $30,000. Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Memorial for All Veterans of the Brazos Valley for FY26 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 2025-2026 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 America 250 Celebration Revolutionary War/War of 1812 site enhancements. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2025-2026 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. Veterans Memorial FY26 Funding Agreement 2. BVVM 2026 Budget - Approved Budget 3-12-25 3. 2 BVVM 2026 Approved Budget - Funding Applications Page 216 of 417 V/4'" CONTRACT & AGREEMENT ROUTING FORM Crri oii Coiutws Smi io-N CONTRACT#: 26800019 PROJECT #: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for Payment and Use of Hotel Tax Funds with Brazos Valley Veterans Memorial Name of Contractor: Brazos Valley Veterans Memorial CONTRACT TOTAL VALUE: $ 30,000.00 Debarment Check Yes No 0 N/A Section 3 Plan Incl. Yes No [E—] N/A NEW CONTRACT RENEWAL # Grant Funded Yes El No If yes, what is the grant number:) Davis Bacon Wages Used Yes1:1 NoN N/A Buy America Required Yes No* N/A Transparency Report Yes No FE—] N/A CHANGE ORDER # OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding for this contract is available in the FY26 budget - HOT Fund - Budget Code: 31219100-6720 (If required) * CRC Approval Date*: Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL MA,tq, EM4, LemrkzQ 10/8/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ( A �� 10/8/2025 ASST CITY MGR — CFO DATE 906Vt, I,bV> 61(la. 10/8/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 217 of 417 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF HOTEL TAX WITH MEMORIAL FOR ALL VETERANS OF THE BRAZOS VALLEY DB/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 DB/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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 218 of 417 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 11 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 America 250 Celebration Revolutionary War/War of 1812 site enhancements. 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, 2025, to September 30, 2026. 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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 219 of 417 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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 220 of 417 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 parry 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: Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 221 of 417 (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 306, and October 301h 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 to 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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 222 of 417 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, 2025, and terminates at midnight on October 31, 2026; however, the program period shall commence on October 1, 2025, and terminate at midnight on September 30, 2026. 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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 6 Page 223 of 417 (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 parry 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 Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 224 of 417 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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 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. Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 225 of 417 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 Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 9 Page 226 of 417 Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 8.11 Waiver of Terms. Failure of any parry, 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 parry 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 parry 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 parry 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 parry 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 parry. City: City of College Station Attn: Mary Ellen Leonard Fiscal Services Department PO Box 9960 1101 Texas Avenue College Station, Texas 77842 Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Agency: Memorial for All Veterans of the Brazos Valley Attn: Randolph P.O. Box 11055 College Station, W House, President Texas 77842 10 Page 227 of 417 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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures [Signatures on Following Page] Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 Page 228 of 417 BRAZOS VALLEY VETERANS MEMORIAL CITY OF COLLEGE STATION By: bU& r6Ptr City Manager Printed Name: Ben Roper Date: Title: Mr_ Date:10/7/2025 Contract No 26800019 Veterans Memorial HOT Fund Form Revised 09-23-25 GrAA, ("Via, City Attorney Date: 10/8/2025 Assistant City Manager Date:10/8/2025 12 Page 229 of 417 Exhibit A Statement of Financial Position Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 1? Page 230 of 417 MEMORIAL FOR ALL VETERANS OF THE BRAZOS VALLEY, INC. Thompson, Derrig & Craig STATEMENT OF Audit Audit Audit Audit Audit Audit Audit Audit Audit Audit Audit Internal FINANCIAL POSITION 12/31/14 12/31/15 12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 12/31/21 12/31/22 12/31/23 12/31/24 08/31/25 Current Assets: Cash and cash equivalents $ 60,595 $ 57,345 $ 118,449 $ 113,403 $ 175,861 $ 155,521 $ 165,559 $ 149,538 $ 157,644 $ 228,208 $ 249,876 $ 266,323 Receivables 19,400 50,000 - 25,000 - - 30,941 60,744 60,000 60,000 30,000 - Inventory 14,670 8,670 11,933 11,933 11,933 3,300 3,000 2,700 2,700 2,700 2,700 2,700 Total Current Assets 94,665 116,015 130,382 150,336 187,794 158,821 199,500 212,982 220,344 290,908 282,576 269,023 Permanent collection 1,503,099 1,561,314 1,618,563 1,694,091 1,761,849 1,860,653 1,921,018 2,006,486 2,080,361 2,100,360 2,328,253 2,367,757 Fixed Assets: Furniture & Equipment 32,245 33,959 33,959 33,959 33,959 33,959 33,959 33,959 33,959 33,959 33,959 33,959 Landscaping 41,727 41,727 41,727 41,727 41,727 41,727 41,727 41,727 41,727 41,727 41,727 41,727 Land 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Less accum. depreciation (60,349) (63,684) (65,982) (68,282) (70,582) (72,550) (73,600) (74,348) (74,855) (75,341) (75,668) (75,668) Net Fixed Assets 33,623 32,002 29,704 27,404 25,104 23,136 22,086 21,338 20,831 20,345 20,018 20,018 TOTAL ASSETS I $ 1,631,387 I $ 1,709,331 $ 1,778,649 $ 1,871,831 $ 1,974,747 $ 2,042,610 $ 2,142,604 $ 2,240,806 2,321,536 2,411,613 2,630,847 2,656,798 I Current liabilities - 11,170 1,150 - - - - 605 - - - - Net assets: Unrestricted 1,619,987 1,669,976 1,774,142 1,871,831 1,912,661 2,011,110 2,076,604 2,196,878 2,259,636 2,370,113 2,618,347 2,644,298 Temporarily restricted 11,400 28,185 3,357 - 62,086 31,500 66,000 43,323 61,900 41,500 12,500 12,500 Total Net Assets 1,631,387 1,698,161 1,777,499 1,871,831 1,974,747 2,042,610 2,142,604 2,240,201 2,321,536 2,411,613 2,630,847 2,656,798 TOTAL LIABILITIES & NET ASSETS $ 1,631,387 $ 1,709,331 $ 1,778,649 $ 1,871,831 $ 1,974,747 $ 2,042,610 $ 2,142,604 $ 2,240,806 $ 2,321,536 $ 2,411,613 $ 2,630,847 I $ 2,656,798 I Beginning Net Assets 1,564,629 1,631,387 1,698,161 1,777,499 1,871,831 1,974,747 2,042,610 2,142,604 2,240,201 2,321,536 2,411,613 2,630,847 Depreciation Correction - - - - - - - - - - - Other Restatement of Prior Yrs - - - - - - - Change in Net Assets 66,758 66,774 79,338 94,332 102,916 67,863 99,994 97,597 81,335 90,077 219,234 25,951 Ending Net Assets 1,631,387 1,698,161 1,777,499 1,871,831 1,974,747 2,042,610 2,142,604 2,240,201 2,321,536 2,411,613 2,630,847 2,656,798 Page 231 of 417 STATEMENT OF Thompson, Derrig & Craig Cumulative FINANCIAL ACTIVITIES 2000-2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Since Incept REVENUES Support Internal 08/31/25 Contributions - Individual $ 990,391 $ 7,622 $ 20,089 $ 30,751 $ 24,547 $ 9,491 $ 23,698 $ 18,242 $ 13,353 $ 6,389 $ 5,869 $ 1,150,442 $ 5,097 Wall of Honor Fees - 21,910 11,231 31,718 55,710 30,300 25,500 26,849 23,650 29,759 29,796 286,423 34,751 Contributions - Corporate 323,160 - - - - - - - - - - 323,160 - Brazos County 220,000 25,000 25,000 25,000 25,000 25,000 25,000 30,000 30,000 30,000 30,000 490,000 City of College Station 433,000 25,000 25,000 25,000 25,000 25,000 22,500 30,000 30,000 30,000 30,000 700,500 City of Bryan 185,000 25,000 25,000 25,000 25,000 25,000 30,000 30,000 30,000 30,000 30,000 460,000 Donated Item Perm. Collection - - - - - - - - - - 146,893 146,893 Texas Parks & Wildlife 95,000 - 95,000 Grimes County 5,000 - - - - - 5,000 Donated Services 422,036 23,250 18,250 18,250 46,688 33,699 - - - - - 562,173 - Total Support 2,673,587 127,782 124,570 155,719 201,945 148,490 126,698 135,091 127,003 126,148 272,558 4,219,591 39,848 Interest Income 22,867 2,694 1,126 154 345 377 187 76 483 2,404 2,810 33,523 1,809 Other Income 25,332 - - - - - - - - - - 25,332 - TOTAL REVENUE 2,721,786 130,476 125,696 155,873 202,290 148,867 126,885 135,167 127,486 128,552 275,368 4,278,446 41,657 EXPENSES Program expenses 1,203,909 38,341 23,209 37,175 75,892 66,437 13,424 20,930 30,094 20,150 37,202 1,566,763 78 General & admin. expenses 268,511 25,361 23,149 24,366 23,482 14,567 13,467 16,640 16,057 18,325 18,932 462,857 15,628 TOTAL EXPENSES 1,472,420 63,702 46,358 61,541 99,374 81,004 26,891 37,570 46,151 38,475 56,134 2,029,620 15,706 CHANGE IN NET ASSETS I 1,249,366 I 66,774 79,338 94,332 102,916 67,863 99,994 97,597 81,335 90,077 219,234 2,248,826 I 25,951 I Page 232 of 417 Program Expense 2000-2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Cumulative 08/31/25 Computer services 7,892 - - - - - 7,892 - Marketing 367,030 16,162 10,000 10,000 40,500 33,699 - - - - - 477,391 Engraving expense 169,704 8,442 5,325 16,775 26,125 15,450 10,950 16,490 28,545 18,975 20,625 337,406 Repair & replacement reserve - - - - - - - - - - 15,173 15,173 Depreciation 444,385 3,335 2,298 2,300 2,300 1,968 1,050 748 507 486 327 459,704 Cost of maquettes 10,626 6,000 1,087 - - 750 300 300 - - - 19,063 Inventory valuation adjust. - - - - - 7,883 - - 7,883 Flags 17,327 931 - 695 114 1,523 - 891 - - - 21,481 Postage and delivery 8,684 - 189 545 747 481 438 1,207 543 367 509 13,710 78 Dedication expense 78,503 3,471 4,310 6,860 6,106 4,683 686 1,294 499 322 272 107,006 Miscellaneous - - - - - - - - - - 296 296 Design competition 12,000 - 12,000 Design services 22,775 22,775 Fundraising Expenses 17,113 17,113 Landscaping 38,130 38,130 Personnel expense 5,710 5,710 Programs 4,030 - - - - - - - - - - 4,030 Total Program Expense 1,203,909 38,341 23,209 37,175 75,892 66,437 13,424 20,930 30,094 20,150 37,202 1,566,763 78 Support Expense Rent 92,400 8,250 8,250 8,250 6,188 - - - - - - 123,338 Computer services - - - - 650 - 1,500 - 2,150 - Office expense 65,803 6,330 6,189 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 126,322 4,000 Professional fees 35,952 4,300 4,300 4,300 4,300 4,550 4,800 4,800 5,300 6,100 7,500 86,202 9,300 Bank & pmt. processing fees 7,991 808 789 791 764 924 1,004 1,056 1,263 1,372 1,054 17,816 320 Meals 19,702 2,161 2,550 2,361 2,587 1,742 434 1,360 2,631 2,478 2,699 40,705 1,777 Insurance 2,417 363 - - - - - - - - - 2,780 - Dues and subscriptions 450 409 100 106 50 200 50 100 - 100 150 1,715 50 Printing 37,949 1,933 516 1,836 3,003 780 447 1,703 863 775 1,529 51,334 Marketing - - - - - - - 605 - - - 605 Licenses and permits 890 700 - 1,590 Travel and lodging 3,298 - - - - - - - 3,298 - Miscellaneous 1,659 807 455 722 590 371 32 366 - - - 5,002 181 Total Support Expense 268,511 25,361 23,149 24,366 23,482 14,567 13,467 16,640 16,057 18,325 18,932 462,857 15,628 Donated Services and Support Memorial Improvements 23,441 - - - - - - - - - 23,441 - Rent and office support 105,900 8,250 8,250 8,250 6,188 - 136,838 Advertising 292,695 15,000 10,000 10,000 40,500 33,699 401,894 Total Donated Services & Supp 422,036 23,250 18,250 18,250 46,688 33,699 562,173 Page 233 of 417 Exhibit B Narrative Summary of Activity Report Page 234 of 417 Exhibit C Performance Measures Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 14 Page 235 of 417 Brazos Valley Veterans Memorial FY 2026 Budget (Approved 3/12/25) (1/1/26 - 12/31/26) GRAND Operating R & R* Line TOTAL Fund Capital Fund Fund Footnotes [Excludes Depreciation & in -kind (rent & advert.)] Projected Balance Forward (as of 1/1/26) $ 166,676 $ 34,448 $ 91,483 $ 40,745 w 1 Membership Dues (including lunches) 4,000 4,000 - - Membership dues and lunch reimbursements from board members O U O 2 Unrestricted donations 2,500 2,500 - - Z 25 Z 3 Interest Income 2,600 - 2,300 300 Total Non -Directed Income 9,100 6,500 2,300 300 4 Wall of Honor Names 31,250 31,250 - - Based on 125 names x $250 per name up 5 American 250 Recognition 115,000 - 115,000 $30K each from Bryan, College Station and Brazos County plkus $25K in private donations. U 6 Other - - Z - Total Directed Income 146,250 31,250 115,000 TOTAL SOURCES OF FUNDS (Incl. beg. Cash) 322,026 72,198 208,783 41,045 7 Engraving of Honor Wall Names 20,625 20,625 - - Cost to engrave names (125 names x $165 per name) 8 Administrative Support 6,000 6,000 Admin Salary $500 per month 9 Audit & Tax Return 9,000 9,000 Audit & Tax Return 10 Monthly Meeting 2,400 2,400 Monthly Meeting Expense (reimbursed by board members as part of membership dues) W 11 Printing 1,500 1,500 Printing for Wall of Honor certificates, brochures, interpretive panel copies, etc Z 12 Memorial Maintenance & Repair 600 600 As needed a 13 Advertisement 1,000 1,000 Advertisement (Excludes in -kind) w 14 Kiosk, Computer & Website Maint. 900 900 - - Kiosk & Website Maintenance & development; computer replacement J 15 Card service fees 1,200 1,200 - - Credit card processing fees Z 16 Flag replacement 1,600 1,600 Flags (Replaced May 1st & Nov. 1st each year) 17 Miscellaneous 600 600 Membership Dues and miscellaneous items 18 Office Supplies 500 500 As needed 19 Postage 500 500 As needed 20 Insurance - - Not required separately since under city of CS Total Annual Expenses 46,425 46,425 - - 21 Repair & Replacement Initiative 41,000 - - 41,000 Use up remaining funds J¢ > 22 Submarine Project 60,000 60,000 - $30K anticipated to be spent in 2025 w/ remaining $60K carried over into 2026 for completion ~ a 23 American 250 Recognition 115,000 115,000 All $115K expected to be spent for completion for the July 4, 2026 celebrations. uM Z4 Dedication Expenses - - - - O Total Capital Outlays 216,000 - 175,000 41,000 TOTAL USES OF FUNDS 262,425 46,425 175,000 41,000 EXCESS (DEFICIT) 59,601 25,773 33,783 45 Earmarks against Capital Account Balance as of: 12/31/24 12/31/25 12 31 26 Balance in Capital Account $ 133,183 $ 91,483 $ 33,783 Kosovo War / Expeditionary Operations (6,000) - - Expect completion in 2025 China Relief / Mex. Border Service (38,000) Expect completion in 2025 Submarine (60,000) (60,000) Expect completion in 2026 American 250 Recognition All $115K expected to be spent for completion for the July 4, 2026 celebrations. Entrance Plaza (6,500) (6,500) (6,500) Balance Unencumbered ZZ,683 Z4,983 Z7,283 2024 2025 2026 Balance in Repair & Replacement Fund at Beg. of Year $ 30,000 $ 75,045 $ 40,745 Receipts 60,000 - - Interest Income 218 700 300 Disbursements (15,173) (35,000) (41,000) Balance at end of Year 5 75,045 S 40,745 S 45 Expect balance to be depleted by 12/31/26 Page 236 of 417 Brazos Valley Veterans Memorial Approved Budget for FY 2025 (1/1/25 - 12/31/25) GRAND Operating R & R* Line TOTAL Fund Capital Fund Fund Projected Balance Forward (as of 171/25) $ 251,351 $ 43,123 $ 133,183 $ 75,045 o w 1 Membership Dues (including lunches) 4,000 4,000 - - Ow 2 Unrestricted donations 2,500 2,500 - - Z z z_ 3 Interest Income 3,000 - 2,300 700 0 Total Non -Directed Income 9,500 6,500 2,300 700 p w 4 Wall of Honor Names 31,250 31,250 - - O 5 Submarine Project 30,000 - 30,000 - u 6 Other Z Total Directed Income 61,250 31,250 30,000 - TOTAL SOURCES OF FUNDS (Incl. beg. Cash) 322,101 80,873 165,493 75,745 7 Engraving of Honor Wall Names 20,625 20,625 - - 8 Administrative Support 6,000 6,000 - - 9 Audit &Tax Return 9,000 9,000 10 Monthly Meeting 2,400 2,400 - - ,,, 11 Printing 1,500 1,500 - - w `^ Z 12 Memorial Maintenance & Repair 600 600 - - wa 13 Advertisement 1,000 1,000 w 14 Kiosk, Computer & Website Maint 900 900 - - j15 Card service fees 1,200 1,200 Z 16 Flag replacement 1,600 1,600 - - Z 17 Miscellaneous 600 600 - - 18 Office Supplies 500 500 - - 19 Postage 500 500 - - 20 Insurance - - - - Total Annual Expenses 46,425 46,425 - - 21 Repair & Replacement Initiative 35,000 - - 35,000 Y 22 Kosovo War/ Expeditionary Operations 6,000 - 6,000 - J 23 China Relief / Mex. Border Service 38,000 - 38,000 - Q 24 Submarine Project 30,000 - 30,000 - u p 25 Dedication Expenses - - - - Total Capital Outlays 109,000 - 74,000 35,000 TOTAL USES OF FUNDS 155,425 46,425 74,000 35,000 EXCESS (DEFICIT) 166,676 34,448 91,483 40,745 Earmarks against Capital Account Balance as of: 12 31 23 12 31 24 12 31 25 Balance in Capital Account $ 151,231 $ 133,183 $ 91,483 Kosovo War/ Expeditionary Operations (35,000) (6,000) - China Relief / Mex. Border Service (90,000) (38,000) - Submarine - (60,000) (60,000) Entrance Plaza (6,500) (6,500) (6,500) Balance Unencumbered 19,731 22,683 24,983 2023 2024 2025 Balance in Repair & Replacement Fund at Beg. of Year $ - $ 30,000 $ 75,045 Receipts 30,000 60,000 - Interest Income - 218 700 Disbursements - (15,173) (35,000) Balance at end of Year $ 30,000 $ 75,045 $ 40,745 Footnotes [Excludes Depreciation & In -kind (rent & advert.)] Membership dues and lunch reimbursements from board members Based on 125 names x $250 per name $30K from City of Bryan not yet received Cost to engrave names (125 names x $165 per name) Admin Salary $500 per month Audit & Tax Return Monthly Meeting Expense (reimbursed by board members as part of membership dues) Printing for Wall of Honor certificates, brochures, interpretive panel copies, etc As needed Advertisement (Excludes in -kind) Kiosk & Website Maintenance & development; computer replacement Credit card processing fees Flags (Replaced May 1st & Nov 1st each year) Membership Dues and miscellaneous items As needed As needed Not required separately since under city of CS Completion of two statues Completion of two statues $60K anticipated to be carried over into 2026 for completion Expect completion in 2025 Expect completion in 2025 Project $30K received & $30K disbursed in 2025; $60K disbursed in 2026 Balance anticipated to be carried over into 2026 for completion Page 237 of 417 Brazos Valley Veterans Memorial DRAFT Budget for FY 2026 (1/1/26-12/31/26) GRAND Operating R & R* Line TOTAL Fund Capital Fund Fund Footnotes [Excludes Depreciation & in -kind (rent & advert.)] Projected Balance Forward (as of 1/1/26) $ 166,676 $ 34,448 $ 91,483 $ 40,745 o w 1 Membership Dues (including lunches) 4,000 4,000 - - Membership dues and lunch reimbursements from board members Ow 0 2 Unrestricted donations 2,500 2,500 - - Z Q Z 3 Interest Income 2,600 - 2,300 300 Total Non -Directed Income 9,100 6,500 2,300 300 4 Wall of Honor Names 31,250 31,250 - Based on 125 names x $250 per name 5 American 250 Recognition 115,000 - 115,000 $30K each from Bryan, College Station and Brazos County plkus $25K in private donations. Z 6 Other - - - Total Directed Income 146,250 31,250 115,000 - TOTAL SOURCES OF FUNDS (Intl. beg. Cash) 322,026 72,198 208,783 41,045 7 Engraving of Honor Wall Names 20,625 20,625 - - Cost to engrave names (125 names x $165 per name) 8 Administrative Support 6,000 6,000 - - Admin Salary $500 per month 9 Audit & Tax Return 9,000 9,000 - - Audit & Tax Return 10 Monthly Meeting 2,400 2,400 - - Monthly Meeting Expense (reimbursed by board members as part of membership dues) w 11 Printing 1,500 1,500 - - Printing for Wall of Honor certificates, brochures, interpretive panel copies, etc `^ Z 12 Memorial Maintenance & Repair 600 600 - - As needed a 13 Advertisement 1,000 1,000 - - Advertisement (Excludes in -kind) uX+ 14 Kiosk, Computer & Website Maint. 900 900 - - Kiosk & Website Maintenance & development; computer replacement J 15 Card service fees 1,200 1,200 - - Credit card processing fees z 16 Flag replacement 1,600 1,600 Flags (Replaced May 1st & Nov. 1st each year) z ¢ 17 Miscellaneous 600 600 - - Membership Dues and miscellaneous items 18 Office Supplies 500 Soo - - As needed 19 Postage 500 Soo - - As needed 20 Insurance - - Not required separately since under city of CS Total Annual Expenses 46,425 46,425 - - 21 Repair & Replacement Initiative 41,000 - - 41,000 Use up remaining funds a a 22 Submarine Project 60,000 60,000 - $30K anticipated to be spent in 2025 w/ remaining $60K carried over into 2026 for completion ~ g 23 American 250 Recognition 115,000 - 115,000 - All $115K expected to be spent for completion for the July 4, 2026 celebrations. vG 24 Dedication Expenses - - Total Capital Outlays 216,000 175,000 41,000 TOTAL USES OF FUNDS 262,425 46,425 175,000 41,000 EXCESS (DEFICIT) 59,601 25,773 33,783 45 Earmarks against Capital Account Balance as of: 12/31/24 12 31 25 12 31 26 Balance in Capital Account $ 133,183 $ 91,483 $ 33,783 Kosovo War / Expeditionary Operations (6,000) - - Expect completion in 2025 China Relief / Mex. Border Service (38,000) Expect completion in 2025 Submarine (60,000) (60,000) - Expect completion in 2026 American 250 Recognition All $115K expected to be spent for completion for the July 4, 2026 celebrations. Entrance Plaza (6,500) (6,500) (6,500) Balance Unencumbered 22,683 24,983 27,283 v 2024 2025 2026 Balance in Repair & Replacement Fund at Beg. of Year $ 30,000 $ 75,045 $ 40,745 Receipts 60,000 - - Interest Income 218 700 300 Disbursements (15,173) (35,000) (41,000) Balance at end of Year $ 75,045 $ 40,745 S 45 Expect balance to be depleted by 12/31/26 Page 238 of 417 October 23, 2025 Item No. 7.11. BVEDC Funding Agreement Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a funding agreement between the City of College Station and The Greater Brazos Valley Partnership for FY26 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 2025-2026 budget process the City Council approved funding for The Greater Brazos Valley Patnership in the amount of $350,000. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2025-2026 General Fund. The full amount of $350,000 is to be used for operations and maintenance. Attachments: 1. Greater Brazos Partnership FY26 Funding Agreement Page 239 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Cm cEr 0aurur.3r:v Eu.� x.�. �r�..uya E nr..rrrry CONTRACT#: 26300014 PROJECT#: N/A BID/RFP/RFQ#: N/A Project Name / Contract Description: City of College Station Funding Agreement for payment and use of General Funds with Brazos Valley Economic Development Corporation Name of Contractor: CONTRACT TOTAL VALUE Greater Brazos Partnership $ 350,000 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes ❑ No ❑ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A CHANGE ORDER # ❑ OTHER BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Funding forth is contract is available in the FY26 budget -General Fund -Budget Code: 10019100-6720 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: VOU Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL May EM4, ! ca -44ot 10/13/2025 DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE (g (L-v� 10/13/2025 ASST CITY MGR — CFO DATE 906Vt, I,6V_. 61(ia. 10/14/2025 LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A N/A MAYOR (if applicable) DATE N/A N/A CITY SECRETARY (if applicable) DATE 9.12.23 UPDATED Page 240 of 417 CITY OF COLLEGE STATION FUNDING AGREEMENT FOR PAYMENT AND USE OF GENERAL FUNDS WITH GREATER BRAZOS PARTNERSHIP CORPORATION This Funding Agreement is by and between the City of College Station, a Texas Home Rule Municipal Corporation ("City") and the GREATER BRAZOS PARTNERSHIP 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 Greater Brazos Partnership 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 31', March 31', June 30t', and September 30t', 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. Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 Page 241 of 417 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, 2025, to September 30, 2026. 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 30t`, April 30th, July 30t', and October 30' 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 Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 2 Page 242 of 417 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, ("PIA"), and in the event of a request for disclosure of such records under the PIA, City will notify Agency and seek an opinion from the Attorney General's office before disclosure occurs. 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, Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 Page 243 of 417 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, 2025, and terminates at midnight October 31, 2026. However, the program period shall begin October 1, 2025, and terminates at midnight September 30, 2026. 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 parry 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 Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 4 Page 244 of 417 (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 Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 Page 245 of 417 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 Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the 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 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. Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 6 Page 246 of 417 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. Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 7 Page 247 of 417 (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non - owned autos, and hired autos. 8.7 Workers' Compensation/Employer's Liability Insurance. The following Workers' Compensation Insurance shall include the following terms: (a) Employer's Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required. (b) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY". ARTICLE IX GENERAL PROVISIONS 9.1 Other Agreements. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Agency with another private entity, person, or organization for the performance of those services described in Article II above. In the event Agency enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Agency shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments. 9.2 Binding Agreement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Agency and their respective successors and assigns. 9.3 Personal Intent. The City and Agency attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee, or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 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 Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 Page 248 of 417 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 I1 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. Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 9 Page 249 of 417 9.13 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any parry 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: Greater Brazos Partnership 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: Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 10 Page 250 of 417 (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. 9.20 Governmental Immunity. This Agreement is subject to the proper application of the doctrine of governmental immunity. 9.21 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. Statement of Financial Position B. Narrative Summary of Activity C. Performance Measures D. Certificates of Insurance GREATER BRAZOS PARTNERSHIP By: Sa &t& " Printed Name:Salman Khan Title: Interim President & CEO Date:10/13/2025 Contract No 26300014 Greater Brazos Valley Partnership General Fund Form Revised 09-23-25 CITY OF COLLEGE STATION City Manager Date: QA,V'blit, �,bt�bVla City Attorney Date: 10/14/2025 Assistant City Manager Date: 10/13/2025 11 Page 251 of 417 Exhibit A Statement of Financial Position Contract No 22300001 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-20-21 I? Page 252 of 417 Greater Brazos Partnership Statement of Financial Position As of August 31, 2025 Assets Current Assets Bank Accounts $ 2,883,945.53 Accounts Receivable 91,666.73 Other Current Assets 1210 Prepaid Expenses 25,379.59 Total Current Assets 3,000,991.85 Fixed Assets 1400 Fixed Assets 1405 Furniture, Fixtures & Eqpt. 113,648.30 1490 Accumulated Depreciation (83,500.10) Total Fixed Assets 30,148.20 Total Fixed Assets 30,148.20 Total Assets $ 3,031,140.05 Liabilities and Net Assets Liabilities Current Liabilities Accounts Payable $ 3,252.53 Credit Cards 5,250.19 Other Current Liabilities 2010 Deferred Revenue 29,166.64 2020 Accrued Compensated Absences 5,305.44 Total Other Current Liabilities 34,472.08 Total Current Liabilities 42,974.80 Net Assets 2,988,165.25 Total Liabilities and Net Assets $ 3,031,140.05 NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS OR SCHEDULES Substantially all disclosures required by GAAP are omitted. Page 253 of 417 Brazos Valley Economic Development Corporation Budget vs. Actuals: FY25 Budget AUGUST 2025 Income 4100 Brazos County - OP 4101 City of Bryan - OP 4102 City of College Station - OP 4103 TAMU Partnership 4104 Invest Brazos Valley 4200 Interest Income - Operating Total Income Expenses 5010 Conferences/Training 5100 Memberships 5200 Technology 5300 Professional Services 5400 Office Expenses 5600 Administration Costs 5700 Bus Dev/Mtkg-Hunting Total Expenses Net Operating Income Other Income and Expense Other Income Prior year surplus Incentives Jillian Ryan & Co. Other Marketing Initiatives Net Other Income and (Expense) Net Income Current Month Year -to -Date over % of Annual Actual Budget Budget Budget YTD Actual Budget % of Budget $ 29,167 $ 29,167 $ (0) 100 00% $ 320,834 $ 350,000 91.67% 29,167 29,167 (0) 100.00% 320,834 350,000 91.67% 29,167 29,167 (0) 100.00% 320,834 350,000 91.67% 29,167 29,167 - 100.00% 320,834 350,000 91.67% 50,000 29,167 20,833 17143% 259,500 350,000 7414% 2,781 6,250 (3,469) 44 50% 82,793 75,000 110.39% 169,449 152,084 17,364 11142% 1,625,629 1,825,000 89.08% 766 1,958 (1,192) 39.11% 9,252 23,500 39.37% 425 1,760 (1,335) 24.14% 13,093 21,125 61.98% 6,269 11,508 (5,239) 54.47% 100,866 138,100 73.04% 3,050 13,500 (10,450) 22.59% 124,995 162,000 77.16% 6,695 8,196 (1,501) 8169% 81,478 98,352 82.84% 49,054 78,237 (29,183) 62.70% 761,353 938,843 8109% 21,400 36,923 (15,523) 57.96% 444,415 443,080 100.30% 87,659 152,083 (64,424) 57.64% 1,535,452 1,825,000 84.13% 81,790 1 81,788 90,177 - (250,000) 200,000 (10,000) 8,333 (18,333) -120 00% (110,660) (120,000) - 20,833 (20,833) 0.00% (75,326) (80,000) (10,000) (435,986) $ 71,790 $ (29,165) $ 120,954-246.15% $ (345,809) $ 92 22% 94.16% N/A NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS OR SCHEDULES Substantially all disclosures required by GAAP are omitted. Page 254 of 417 BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION CASH SCHEDULE AS OF AUGUST 31, 2025 Bank accounts Prosperity Checking Prosperity Money Market TRUIST Savings CD'S Amarillo National Extraco Frost First Financial Bank Guaranty Vera Bank Total Cash Restricted Cash: Economic Development Total Restricted Cash Operating Cash $ 327,299.20 756,621.60 274, 817.90 256,163.83 250,000.00 269,043.00 250,000.00 250,000.00 250,000.00 1,525,206.83 $ 2,883,945.53 1,449,465.10 $ 1,449,465.10 $ 1,434,480.43 NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS OR SCHEDULES Substantially all disclosures required by GAAP are omitted. Page 255 of 417 Brazos Valley Economic Development Corporation A/R Aging Summary As of August 31, 2025 Amarillo National Bank ANCO Insurance ATMOS Energy Baylor Scott & White Medical Center - College Station Brazos County CHI St. Joseph City of College Station FUJIFILM Diosynth Biotechnolgies Texas, LLC J.P. Morgan PARKWAY Spherion Texas Commercial Waste The Broaddus Companies Twin City Endowment Ubeo, Inc. University Title Company Vera Bank TOTAL CURRENT 5,000.00 5,000.00 5,000.00 29,166.70 5,000.00 2,500.00 1,250.00 5,000.00 5,000.00 1,250.00 1 - 30 31 - 60 61 - 90 91 AND OVER TOTAL 5,000.00 $5,000.00 0.01 5,000.00 -0.01 5,000.00 0.01 0.01 5,000.00 $69,166.70 $10,000.00 $5,000.01 $0.01 $5,000.00 $5,000.00 $5,000.00 0.01 $29,166.74 $5,000.00 $ -0.01 $5,000.00 $5,000.00 5,000.00 $5,000.00 $2,500.00 $1,250.00 $5,000.00 $5,000.00 $1,250.00 2,500.00 $2,500.00 $5,000.00 $7,500.01 $91,666.73 NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS OR SCHEDULES Substantially all disclosures required by GAAP are omitted. Page 256 of 417 Greater Brazos Partnership A/P Aging Summary As of August 31, 2025 CURRENT Silver Seal Security Traditions Golf Club 642.53 UBEO, LLC 535.00 Zoetis LLC TOTAL $1,177.53 1 - 30 31 - 60 61 - 90 2,075.00 $2,075.00 $0.00 $0.00 91 AND OVER TOTAL $2,075.00 $642.53 $535.00 0.00 $0.00 $0.00 $3,252.53 NO ASSURANCE IS PROVIDED ON THESE FINANCIAL STATEMENTS OR SCHEDULES Substantially all disclosures required by GAAP are omitted. Page 257 of 417 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 258 of 417 EXHIBIT C Performance Measures Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 14 Page 259 of 417 EXHIBIT D Certificates of Insurance Contract No. 24300020 Arts Council of Brazos Valley Operations and Maintenance Form Revised 08-15-22 15 Page 260 of 417 BRAZVAL-35 SABBOTT HC.(JKLJ CERTIFICATE OF LIABILITY INSURANCE DATE (M MID D/YYYY) 9/25/2025 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). PRODUCER CONTACT NAME: Dexter & Company of Central Texas, Inc. PHONE FAX 4030 Highway 6 S. Ste. 310 ((A/C, No, Ext): (979) 764-8444 (A/C, No):(979) 694-7603 College Station, TX 77845 AUDRIEss: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Company. Ltd. 11000 INSURED INSURER B : United States Liability Insurance Group 25895 Brazos Valley Economic Development Corporation INSURER C : 1716 Briarcrest Dr Suite 714 INSURER D : Bryan, TX 77802 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/OD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE ❑ OCCUR 61SBAIV0359 6/22/2025 6/22/2026 DAMAGETO S( RENTED PREMISES /Ea occurrence) $ MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY F7 LOC JEOCT- PRODUCTS - COMP/OP AGG $ OTHER $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO 61SBAIV0359 6/22/2025 6/22/2026 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED PROPERTY DAMAGE (Per $ AUTOS ONLY AUTOS ONLY accident) A X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE 61SBAIV0359 6/22/2025 6/22/2026 AGGREGATE $ I X I 10,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER EORH Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under RFT,SCFiIPTION O CATIONS below EL DISEASE - POLICY LIMIT $ B Directors an � Otfice ND01554202M 6/22/2025 6/22/2026 Per Occurrence 10,0001 1,000,0001 2,000,0001 2,000,0001 1,000,0001 1,000,0001 I 1,000,0001 I 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional Insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a Broadening Endorsement with "Primary and Non -Contributory" wording. Waiver of Subrogation provided on the General Liability and Worker's Compensation policies only when there is a written contract between the named insured and the certificate holder that requires such status. 30 days notice of cancellation included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 9 ACCORDANCE WITH THE POLICY PROVISIONS. 1101 Texas Ave College Station, TX 77840 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 261 of 417 BRAZVAL-05 MICHAL IZ19— LJ CERTIFICATE OF LIABILITY INSURANCE DATE (M MID D/YYYY) 111li- 1 9/26/2025 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). PRODUCER CONTACT NAME: Cravens Warren Insurance Agency, Inc. 10011 W. Gulf Bank Rd. A/C, PHONE , Ext): (713) 690-6000 FAX No):(713) 690-6020 Houston, TX 77040 EMAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Texas Mutual Insurance COmpanv 22945 INSURED INSURER B : G&A Outsourcing, LLC dba G&A Partners INSURER C : 17220 Katy Frwy; Suite 350 INSURER D : Houston, TX 77094 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY RAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/OD/YYYYI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO ❑ LOC JECT OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EXCESS LIAB HCLAIMS-MADE DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Anv one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ EACH OCCURRENCE (AGGREGATE $ $ X STATUTE FIR 0001076234 3/1/2025 3/1/2026 1,000,0001 EL EACH ACCIDENT $ 1,000,0001 E L DISEASE - EA EMPLOYEE $ 1,000,0001 E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Form WC 42 03 11, Texas Professional Employer Organization (PEO) Endorsement, extends coverage to the covered employees of Brazos Valley Economic Development Corporation, the client of the Named Insured. The Workers Compensation policy includes 30 Days Notice of Cancellation in favor of Certificate Holder; where required by written contract; per Form WC 42 0601. The Workers Compensation policy includes Form #WC 42 03 04 B Texas Waiver of Our Right to Recover From Others Endorsement in favor of certificate holder where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Of College Station} �� k 1101 Texas Avenue +•+�+4 (College Station. TX 77840 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 262 of 417 P Y i utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Agent copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/1/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001076234 of Texas Mutual Insurance Company effective on 3/1/25 Issued to: G & A OUTSOURCING LLC DBA: G & A PARTNERS This is not a bill NCCI Carrier Code: 29939 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 2/9/23 WC420601 Page 263 of 417 --..eXaSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/1/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001076234 of Texas Mutual Insurance Company effective on 3/1/25 Issued to: G & A OUTSOURCING LLC DBA: G & A PARTNERS NCCI Carrier Code: 29939 This is not a bill lu"e- �t� Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 2/9/23 WC420304B Page 264 of 417 P Y i utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 11 EMPLOYERS LIABILITY POLICY Agent copy Texas Professional Employer Organization (PEO) Endorsement This endorsement provides coverage for your covered employees to the client shown in the Schedule below. This endorsement applies only if attached to a policy issued in your name as the primary insured, and only with respect to your client's and your covered employees under a professional employer services agreement between you and your client shown in the Schedule below. Certain words and phrases in this endorsement are defined as follows: Client means any person who enters into a professional employer services agreement with a PEO. Coemployment relationship means a contractual relationship between a client and a PEO that involves the sharing of employment responsibilities with, or allocation of employment responsibilities to, covered employees in accordance with the professional employer services agreement and Texas Labor Code, Chapter 91. Professional Employer Organization (PEO) means a business entity that offers professional employer services. Covered employee means an individual having a coemployment relationship with a PEO. Direct employee means an individual who is employed by a PEO or a client and does not have a coemployment relationship with a PEO. Professional Employer Services Agreement means a contract between a PEO and a client that includes details of the coemployment relationship. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) apply to your covered employees to the client shown in the Schedule below. Under Part One, we will reimburse you for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. Under Part Two, the limits of our liability apply jointly to you and the client. Our duty is to provide a single defense for you and the client on a claim, proceeding, or suit for damages payable under this insurance. The coverage afforded by this endorsement is not intended to satisfy the client's duty to secure its obligations under the workers compensation law for its direct employees. If this policy is cancelled, we will send notice of such cancellation to you. You must notify each client by certified mail within three days of receipt of such notice. Premium will be charged for covered employees of the client shown in the Schedule below. To satisfy your obligations under Part Five (Premium), C.2, you must maintain and furnish to us a complete payroll record by client for these covered employees. Part Four (Your Duties If Injury Occurs) applies to you and to the client. The client will recognize our right to defend under Parts One and Two and our right to inspect under Part Six (Conditions). PO Box 12058, Austin, TX 78711-2058 1 of 2 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 11 Page 265 of 417 P Y i utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY Client name PER LIST ON FILE Locations Schedule FEIN Client ID WC420311 Agent copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/01/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001076234 of Texas Mutual Insurance Company effective on 3/01/25 Issued to: G & A OUTSOURCING LLC DBA: G & A PARTNERS NCCI Carrier Code: 29939 This is not a bill Authorized representative 2 of 2 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 11 Page 266 of 417 p .eX,qSMutuar WORKERS' COMPENSATION INSURANCE 1 /28/23 PO Box 12058, Austin, TX 78711-2058 2 of 2 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 11 Page 267 of 417 October 23, 2025 Item No. 7.12. Texas Senate Bill 1173 required Purchasing updates Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the enactment of Texas Senate Bill 1173 and requirements outlined in the Texas Local Government Code Chapter 252 regarding raising the statutory threshold to $100,000 for competitive bidding and competitive proposal requirements. Relationship to Strategic Goals: Good Governance Financially Sustainable City Recommendation(s): Under current law, a municipality must comply with the competitive bidding and competitive proposal requirements as required by the State of Texas. Summary: On May 29, 2025, Texas Senate Bill 1173 was passed, raising the statutory threshold for competitive bidding and competitive proposal requirements outlined in Texas Local Government Code Chapter 252 to $100,000. The new threshold became effective on September 1, 2025. To adopt the new law, the Purchasing division of Fiscal Services has published a redline and updated version of the City's procurement policies and procedures. In addition, Purchasing has also reinforced that departments should request sole source designations cautiously. These types of designations should only be pursued under exceptional and limited circumstances and shall not be used to circumvent City policy or statutorily required competitive solicitation processes. Clear justification and thorough documentation must accompany such requests to ensure compliance with our established criteria. Lastly, while the increased threshold offers flexibility and streamlines certain processes, it does not alter our internal requirement for obtaining at least three informal quotes for purchases between $3,000 and $100,000. Reinforcing these standards helps safeguard transparency, fair competition, and fiscal responsibility in the use of City funds. Budget & Financial Summary: None Attachments: Threshold Increase - CMO Memo Page 268 of 417 (*Orq" CITY OF COLLEGE STATION Home of Texas Ad'M University' TO: Bryan Woods, City Manager Jeff Kersten, Assistant City Manager, CFO FROM: Mary Ellen Leonard, Finance Director Lisa Davis, Purchasing Manager DATE: July 28, 2025 RE: Texas Senate Bill 1173 — Competitive Bidding/Proposal Threshold Under current law, a municipality much comply with the competitive bidding and competitive proposal requirements outlined in Texas Local Government Code Chapter 252 before entering into a contract exceeding $50,000. On May 29, 2025, Texas Senate Bill 1173 was passed, raising the statutory threshold to $100,000. The new threshold becomes effective as of September 1, 2025. In anticipation of this change, Purchasing respectfully requests approval to adopt the $100,000 threshold by updating our procurement policies and procedures accordingly. Beginning September 1st, we intend to publish a redlined version of the existing Purchasing Manual reflecting only this change. Please note that a comprehensive revision of the Purchasing Manual is still under development and will be presented for City Manager review and approval once it has been vetted by Legal. As we implement this update, we ask for continued support in upholding the integrity of our procurement processes. While the increased threshold offers flexibility and streamlines certain processes, it does not alter our internal requirement for obtaining at least three informal quotes for purchases between $3,000 and $100,000. We also ask for your support in ensuring departments request sole source designations cautiously. These should only be pursued under exceptional and limited circumstances and shall not be used to circumvent City policy or statutorily required competitive solicitation processes. Clear justification and thorough documentation must accompany such requests to ensure compliance with our established criteria. Reinforcing these standards helps safeguard transparency, fair competition, and fiscal responsibility in the use of City funds. Should you have any questions pertaining to this request, please contact Lisa Davis, Purchasing Manager, at Ext. 3558 or ldavis(&cstx.2ov. . Attachments: Senate Bill 1173 — Enrolled and purchasing manual pages that will be redlined to reflect the updated threshold. P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 cstx.gov Page 269 of 417 City of College Station Page 2 APPROVED: By: City Manager By: Assistant City Manager/CFO Page 270 of 417 7/28/25, 11:44 AM Texas-2025-SB 1173-Enrolled S.B. No. 1173 AN ACT relating to the amount of an expenditure made by certain political subdivisions for which a competitive procurement method may be required. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 44.031(a), Education Code, is amended to read as follows: (a) Except as provided by this subchapter, all school district contracts for the purchase of goods and services, except contracts for the purchase of produce or vehicle fuel, valued at 100,000 [r`/J,000] or more in the aggregate for each 12-month period shall be made by the method, of the following methods, that provides the best value for the district: (1) competitive bidding for services other than construction services; (2) competitive sealed proposals for services other than construction services; (3) a request for proposals, for services other than construction services; (4) an interlocal contract; (5) a method provided by Chapter 2269, Government Code, for construction services; (6) the reverse auction procedure as defined by Section 2155.062(d), Government Code; or (7) the formation of a political subdivision corporation under Section 304.001, Local Government Code. SECTION 2. Section 775.084(a), Health and Safety Code, is amended to read as follows: (a) Except as provided by Subsection (i), the board must submit to competitive bids an expenditure of more than $100,000 for: (1) one item or service; or (2) more than one of the same or a similar type of item or service in a fiscal year. SECTION 3. Section 252.021(a), Local Government Code, is amended to read as follows: (a) Before a municipality may enter into a contract that requires an expenditure of more than 100,000 [$9;99$] from one or more municipal funds, the municipality must: (1) comply with the procedure prescribed by this subchapter and Subchapter C for competitive sealed bidding or competitive sealed proposals; (2) use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing; or (3) comply with a method described by Chapter 2269, Government Code. SECTION 4. Section 252.0215, Local Government Code, is amended to read as follows: Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an expenditure of more than $3,000 but less than 100,000 [°C�a], shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section. SECTION 5. Section 262.003(a), Local Government Code, is https://Iegiscan.com/TX/text/SB1173/id/3241581/Texas-2025-SB1173-EnroIIed.htmI Page 271 of 4137 7/28/25, 11:44 AM Texas-2025-SB 1173-Enrol led amended to read as follows: (a) Any law that requires a county to follow a competitive procurement procedure in making a purchase requiring the expenditure of $100,000 [-9$$] or less does not apply to the purchase of an item available for purchase from only one supplier. SECTION 6. Section 262.023(a), Local Government Code, is amended to read as follows: (a) Before a county may purchase one or more items under a contract that will require an expenditure exceeding 100,000 the commissioners court of the county must: (1) comply with the competitive bidding or competitive proposal procedures prescribed by this subchapter; (2) use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing; or (3) comply with a method described by Chapter 2269, Government Code. SECTION 7. Section 271.024, Local Government Code, is amended to read as follows: Sec. 271.024. COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE TO CONTRACT. If a governmental entity is required by statute to award a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property on the basis of competitive bids, and if the contract requires the expenditure of more than 100,000 [9;9E}$] from the funds of the entity, the bidding on the contract must be accomplished in the manner provided by this subchapter. SECTION 8. Section 271.054, Local Government Code, is amended to read as follows: Sec. 271.054. COMPETITIVE PROCUREMENT REQUIREMENT. Before the governing body of an issuer may enter into a contract requiring an expenditure by or imposing an obligation or liability on the issuer, or on a subdivision of the issuer if the issuer is a county, of more than 100,000 [$], the governing body must: (1) submit the proposed contract to competitive procurement; or (2) use an alternate method of project delivery authorized by Chapter 2269, Government Code. SECTION 9. Sections 252.312(b) and (c), Transportation Code, are amended to read as follows: (b) If the county road engineer so recommends and the commissioners court considers it to be in the best interest of the county, a purchase in an amount of 100,000 [CC�9G] or less may be made through negotiation by the commissioners court or the court's authorized representative on requisition to be approved by the commissioners court or the county auditor without advertising for competitive bids. (c) A purchase may not be divided or reduced to avoid the competitive bidding requirement on a purchase that would otherwise cost more than 100,000 SECTION 10. Section 451.110(c), Transportation Code, is amended to read as follows: (c) Subsection (a) does not apply to a contract for: (1) 100, 000 [$S9,9G] or less; (2) the purchase of real property; (3) personal or professional services; or (4) the acquisition of an existing transit system. SECTION 11. The changes in law made by this Act apply only to a purchase made on or after the effective date of this Act. A purchase made before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 12. This Act takes effect September 1, 2025. https://Iegiscan.com/TX/text/SBll73/id/3241581/Texas-2025-SB1173-Enrolled.html Page 272 of P37 7/28/25, 11:44 AM Texas-2025-SB1 1 73-Enrolled President of the Senate Speaker of the House I hereby certify that S.B. No. 1173 passed the Senate on April 10, 2025, by the following vote: Yeas 29, Nays 1; and that the Senate concurred in House amendment on May 20, 2025, by the following vote: Yeas 29, Nays 2. Secretary of the Senate I hereby certify that S.B. No. 1173 passed the House, with amendment, on May 15, 2025, by the following vote: Yeas 103, Nays 38, two present not voting. Approved: Date Governor Chief Clerk of the House https://Iegiscan.com/TX/text/SBll73/id/3241581/Texas-2025-SB1173-Enrolled.html Page 273 of 48137 City of College Station Purchasing Manual TABLE OF CONTENTS Chapter 1 Introduction Chapter 2 Glossary of Terms Chapter 3 Ethical Standards Chapter 4 Duties & Responsibilities Chapter 5 Statutory & Legal Requirements Chapter 6 Procurement Card Policies & Procedures Chapter 7 Purchases $ 000r Less $100,000 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Purchases Exceeding $50,909 $100,000 Procurement of Personal Professional or Planning Services Procurement of Construction Services Alternative Procurement Methods for Construction Chapter 12 Procurement Policies & Procedures for CS C TTY Or C OL L "Iectric Utility Chapter 13 Change Orders and Change Order Routing T�� e �,Ij' f T��w�s � �. Procedures Chapter 14 14o ,( [J Contract Renewal Procedures Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Chapter 20 Contract Routing Procedures Procurement with Funds Received Under Federal and State Grants Other General Purchasing Policies & Procedures Interlocal Cooperative Purchasing Agreements Vendor Suspension and Debarment Policy Disposition of Unclaimed, Surplus, or Obsolete Property ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Page 274 of 417 City of College Station Purchasing Policies and Procedures Effective Date (*- 41"" llnurr .jkru! e101 Urrirmily $100,000 Chapter 7: PURCHASES $50,000 OR LESS Submitted By Purchasing Manager Reviewed By Finance Director Reviewed By Legal Approved ByV City Manaqer Ap i)'l oa. I (Q-ol ?� {�Iwo- Id- U - 000 pW General Unless expressly provided for otherwise in this manual, Information this chapter applies to all purchases $50,000 or less. All contracts and purchases shall be made so as to obtain the best value for the City, with bids, proposals, or quotations solicited whenever appropriate. For all purchases, the User Department must make sure that a sufficient amount of unencumbered funds is available before making a purchase. $100,000 Purchasing Generally, purchases $50,000 or less follow this process: Process 1. Identify the business purpose/need; 2. Verify availability of funds based upon general understanding of costs for the item or service; 3. Define and finalize purchasing requirements, purchasing specifications, and scope of work; 4. User Department to submit electronic requisition to Purchasing Division; 5. When applicable, solicit informal bids, quotes, or proposals; 6. Prepare and process contracts, if applicable; 7. Purchasing Division to generate purchase orders and place orders with contractors; S. Accept delivery of goods and services, and verify completeness; 9. Acknowledge receipt of the item or service electronically and submit original invoice to Page 275 of 417 Accounting if the invoice was not directly sent there; 10. User Department to match the item or service received to the amount of the invoice; and 11. Accounting to disburse payment. Nos. 3-7 (shown in bold and italic) are required only for purchases $3,000 and over Procedures for Generally, purchases less than $3,000 may be made by purchases less Department Directors or their respective designees than $3,000 without approval of the Purchasing Division. However, the Purchasing Division is always available to assist when making purchases of any value and of all kinds. Purchases under $3,000 should be made using a City - issued Procurement Card or Departmental Card (P-Card or D-Card). Should the vendor be unable to accept a credit card as a form of payment, a Request for Check (RFC) shall be used as the secondary choice for payment. Procurement Card ("P-Card") or Departmental Card ("D-Card") purchases First, the User Department selects the desired vendor to make the purchase. To make a purchase under $3,000 using the City's P-Card or D-Card, the City's Procurement Card Policy must be followed as set forth in Chapter Six of this Manual. Request for Check ("RFC") purchases If a vendor is unable to accept a City -issued P-Card or D- Card, the Request for Check (RFC) process may be used. Refer to the Tyler Munis Training Manual on CityNet for instructions on how to complete the RFC process. $100,000 Procedures for All purchases greater than $3,000 but less than $50,000 Purchases should be processed in accordance with the following $3,000 to procedure and requires working with the Purchasing $50,000 Division. $100,000 The User Department and the Purchasing Division shall coordinate to obtain three or more competitive quotes when feasible and practical. These may be telephone quotes using the form attached as Appendix K hereto. Page 276 of 417 $100,000 Before making purchases of more than $3,000 and less than $50,000, the City must check the list on the Texas State Comptroller's Office website to determine if there are Historically Underutilized Businesses (HUBs) within Brazos County limits for goods or services being purchased. If so, the City is required to contact at least two HUBs on a rotating basis. If the list fails to identify a HUB in Brazos County, the City is exempt from this requirement. The employee responsible for the purchase must fill out the electronic requisition form which must then be approved by User Department Director or his designee. The purchase requisition form must be completely filled in either by the User Department or the Purchasing Division with all known information, including quantity, description, account code, unit price, total price, required delivery dates, freight, payment terms, and competitive quotes, if applicable. If the Purchasing Division is to obtain pricing, it will be necessary to fill in only the quantity and a complete description of the items to be ordered. The automated requisition must be electronically approved based on the department approval hierarchy. Following this approval, the Purchasing Division will issue a purchase order to the vendor, encumbering the funds from the User Department. The vendor should be informed of the correct "bill to" and "ship to" addresses and reminded to show the purchase order number on the invoice to avoid a delay in payment. Under no circumstances should a vendor be instructed to send an invoice to the attention of anyone other than the Accounting Division. Should an invoice be received by anyone other than Accounting Division, it should be immediately forwarded to the Accounting Division. User Department shall be responsible for the actual receipt of goods and services. After materials have been received, the User Department will acknowledge the receipt of goods and services electronically in the City's financial software. The Department then forwards all other receiving information, i.e.: delivery ticket, packing Page 277 of 417 slip, freight bill, and original invoice, if applicable, within two working days to the Accounting Division. Accounting Division will match the receipt with the invoice and will be responsible for paying the vendor and for maintaining a record of same. Should a problem exist with goods received or services performed which would warrant a delay in payment, the employee must notify the Accounting Division within two working days by email or other written notification. Such notification shall describe the problem and request a "hold" on the invoice until the problem is resolved. The Accounting Division shall be informed by the employee as to any status changes. *Exception: It is standard policy that all purchases greater than $3,000 shall require a purchase order; however, in exceptionally unique and/or emergency situations, and when in the City's best interest, a Department Director may request the use a City procurement card as the method of payment for purchases needed for the specific situation. Refer to Chapter 6 - Purchasing Card Policies and Procedures, Card Limits for the policy/procedure for requesting card limit increases greater than the maximum allowable limit level available to Cardholders. Page 278 of 417 Policies and Procedures City of College Station Purchasing (*- 0110 Crr�•of Cor:r.ixyr:S-rA'rror Havre Uf Rxa., A;W (hdrrnriy` $100,000 Chapter 8: Purchases Exceeding $50,000 Effective Date Submitted By ((�� Purchasing Manager Reviewed By Finance Director Reviewed By Legal Approved By City Manager General Except as may b6 expressly provided for otherwise Information pursuant to this manual and applicable law, purchases of more than $50,000 shall be made in accordance with this Chapter. $100,000 Sometimes one or more Departments may have similar purchasing needs that in the aggregate exceed $50,000. In such cases, the Purchasing Division may combine these requests and use one procurement process. In all cases, the User Department must have available funds for the procurement and work closely with the Purchasing Division so that the proper documentation, including specifications, can be prepared. $100,000 Generally, before a City may make a purchase of more than $50,000, competitive sealed bids or competitive sealed proposals will be required. If the City is considering using a method other than competitive sealed bidding, the City must determine before notice is given, the method of purchase that provides the best value to the City. $100,000 Procedures for The process for purchases exceeding $50,000 is Competitive composed of several stages beginning with requisitioning Sealed Bids the purchase and culminating with the receipt and payment for goods and services. For all purchases Page 279 of 417 $100,000 $50,000 or greater, the User Department should segregate requisitioning, approving and receiving functions where possible. The Purchasing Division will work with the User Department in preparing and assembling all the solicitation documents, including the Invitation to Bid, the bid specifications, the contract, the drafting and placement of legal ad(s) in the newspaper and online, and preparation of bidder mailing lists. The invitation to bid shall include the following Best Value selection criteria: The purchase price; The reputation of the bidder and of the bidder's goods or services; The quality of the bidder's goods or services; The extent to which the goods or services meet the City's needs; The bidder's past relationship with the City; v The impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses (HUBS) and non-profit organizations employing persons with disabilities; The total long-term cost to the City to acquire the bidder's goods or services; and y Any relevant criteria specifically listed in the request for bids or proposals. In consultation with the User Department, the Purchasing Division will set the advertising dates and schedule the bid opening date and time. As bids are received, the Purchasing Division will place them in a secure location until the date and time of the bid opening, at which point they will be publicly opened and read aloud. Electronically received bids will be held encrypted until bid opening. The Purchasing Division will prepare a tabulation for each item or group of items following the bid opening and will forward the results to the User Department. Page 280 of 417 ➢ Familiarity with City's previous works. Request for A Request for Qualification(s) must be used when: Qualification(s) (RFQ) ➢ The work involves a construction project that is valued at $1,000,000 or more; or ➢ Any portion of the work includes architectural, engineering, or land surveying services, where the total contract is valued s1oo,000 at $50,000 or more. An RFQ sets forth criteria by which the selection of these types of Professional Services will be made. Below are some of the evaluation criteria commonly used. The criteria may be customized to each RFQ solicited and need not include every listed criterion. Criteria -weighting factors may be utilized to identify the relative importance placed upon these items: ➢ Summary of prospective provider administration, organization and staffing; ➢ Demonstrated competence and qualifications of the individuals who will be directly responsible for the management and delivery of the proposed work; ➢ Demonstrated technical adequacy of the personnel and sub -consultants to be utilized for the proposed work; ➢ Demonstrated experience of the service provider based upon previous work similar to that of the type considered; ➢ Demonstrated success of the service provider based upon the record of performance on other projects (both City of College Station and projects for other entities); ➢ Demonstrated history of provider's accuracy of cost estimates and ability to perform within budget constraints; ➢ Workload capacity and history of performing work within a specified schedule; and ➢ Proposed approach for the design project or study. Page 281 of 417 $100,000 personal services and is valued at $50,000 or more. Weighted criteria must be used in the RFP process. The same criteria as set forth in the RFQ process may be used in the RFP process with the addition of pricing. Types of criteria regarding pricing include asking about the total proposed price, pricing methodology, estimated number of hours and hourly rate(s), and similar pricing information. For personal services and planning services, the RFP must specify the relative importance of price and other evaluation factors. Like the RFQ, each RFP may be customized based on the unique circumstances of each solicitation. In response to the RFP, the prospective provider submits Sealed Proposals. Sealed Proposals will be evaluated using the following methodology: ➢ All firm(s) reasonably considered to be selected based on criteria set forth in the RFP may be given an opportunity to make a presentation and/or interview with the City; ➢ Proposals will be evaluated based on the weighted criteria published in the RFP; ➢ Proposals will be ranked in order based on the weighted scores; and ➢ Contract negotiations will begin with the top ranked firm. Should negotiations with the highest ranked firm fail to yield a contract, negotiations will formally end and will commence with the next highest ranked firm until an agreement is reached. The City may, in its sole discretion, award a Professional Services contract without interviews or negotiations, and based solely on information supplied in the responses. An RFP may be dispensed with in cases where a proposed project is the extension or expansion of a previous project. Page 282 of 417 specify as to all bids the same or substantially similar specifications." Attorney General Opinion MW-296. A change order form must be filled out for all written contract documents. This form is available on Citynet. All change orders must include sufficient explanation or detail for the City Manager to make an informed decision to change the original contract. If necessary, a supplemental memo or supporting documentation may $100,000 be attached to the change order form. Changes to When the original contract amount plus all change orders Materials, is $50,000 or less, the City Manager or his designee may Equipment, approve the written change order, provided the change Supplies, order does not increase the total amount set forth in the Other contract to more than $50,000. A change order resulting Commodities, $100,000 in a revised contract amount exceeding $50,000 may be and General subject to additional statutory procurement requirements Services as applicable; and $100,000 When a change order is for more than $50,000 or if a change order results in a revised total contract amount that exceeds $100,000, the change order must be approved by City Council. In all cases the original contract price may not be changed by more than 25 percent. Additionally, the original contract price may not be decreased by more than 25 percent without the consent of the contractor. Changes to When the original contract amount plus all change orders Contracts for is $100,000 or less, the City Manager or his designee may Professional approve the written change order provided the change Services 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 must approve such change order prior to commencement of the services or work; and When the original professional services contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his designee may approve Page 283 of 417 October 23, 2025 Item No. 7.13. Property Tax Roll Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on approval of the 2025 Property Tax Roll in the amount of $79,763,607.20 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 of the 2025 Property Tax Roll in the amount of $79,763,607.20. Summary: Section 26.09 (e) of the Texas Property Tax Code mandates formal approval of the Tax Roll by the City Council as the final step in the process of establishing the tax roll for the new year. The tax roll consists of the Maintenance and Operations levy and the Interest and Sinking fund levy. Budget & Financial Summary: The tax roll that will be generated by the tax rate of $0.511872 per $100 assessed valuation is $79,763,607.20. This tax rate was adopted by the City Council on August 28, 2025. Attachments: 1. City of College Station Signed Levy Notification 2. City of College Station LevyTotals Page 284 of 417 Melissa Leonard, PAC Brazos County Tax Assessor/Collector 4151 County Park Ct. Bryan, TX 77802 979-775-9930 979-775-9938 - Fax October 13, 2025 Honorable John Nichols, Mayor City of College Station P. O. Box 9960 College Station, TX 77842 RE: Certification of 2025 Levy Dear Mayor Nichols: Please place approval of the 2025 tax levy on the next city council agenda. Enclosed with this correspondence is the calculated 2025 levy for the City of College Station. Approval of the Levy as provided in Sec. 26.09 (e) is the final step in the creation of the tax rolls for the county. Please contact me if you have any questions concerning the information. Respectfully, Melissa Leonard, PCAC Tax Assessor/Collector Brazos County, Texas Page 285 of 417 BRAZOS County Property Count: 35,233 Land Homesite: Non Homesite: Ag Market: Timber Market: Improvement Homesite: Non Homesite. ] Non Real Personal Property: Mineral Property: Autos: Ag Total Productivity Market. Ag Use: Timber Use - Productivity Loss: 2025 LEVY TOTALS C2 - CITY OF COLL. STAT. Grand Totals 10/7/2025 11:30:41 AM Value 2,213, 304,146 2,330,542,434 156,158, 983 0 Total Land N 4,700,005,563 Value 7,582,113,482 6,859,464,627 Total Improvements N 14,441,578,109 Count Value 3,348 1,009,800,649 1,207 6,882, 073 0 0 Total Non Real H 1,016,682,722 Market Value = 20,158,266,394 Non Exempt Exempt 156,158,983 0 772,931 0 Productivity Loss (-) 155,386,052 0 0 Appraised Value = 20,002,880,342 155,386,052 0 Homestead Cap () 155,331,099 23.231 Cap () 248,646,686 Assessed Value = 19,598,902,557 Total Exemptions Amount (-) 3,390,495,978 (Breakdown on Next Page) Net Taxable = 16,208,406,579 Freeze Assessed Taxable Actual Tax Ceiling Count I DP 30,701,434 26,954,928 95,085.26 99,345.95 85 OV65 1,985,770,7301,704,515,053 5,565,123.89 5,618,163.36 4,414 Total 2,016,472,1641,731,469,981 5,660,209.15 5,717,509.31 4,499 Freeze Taxable Tax Rate 0.5118720 Freeze Adjusted Taxable Levy Into M&O Rate: 0.3092040 M&O Tax: 48,182,415.98 I&S Rate: 0.2026680 I&S Tax: 31, 581,191.22 Protected I&S Rate: 0.0000000 Protected I&S Tax: 0.00 Ag Penalty: 0.00 PP Late Penalty: 0.00 Late Correction 13.63 Penalty: Total Levy Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 (-) 1,731,469,981 14,476,936,598 79,763,607.20 C2/237983 Page 4 of 39 Page 286 of 417 BRAZOS County 2025 LEVY TOTALS C2 - CITY OF COLL. STAT. Property Count: 35,233 Grand Totals 10/7/2025 11:30:46AM Exemption Breakdown Exemption Count Local State Total CHODO (Partial) 2 14,525,221 0 14,525,221 DP 87 0 0 0 DV1 96 0 907,000 907,000 DV1 S 4 0 20,000 20,000 DV2 68 0 633,750 633,750 DV2S 4 0 30,000 30,000 DV3 78 0 811,076 811,076 DWS 4 0 40,000 40,000 DV4 441 0 1,965,745 1,965,745 DWS 38 0 198,000 198,000 DVHS 322 0 141, 783,559 141, 783,559 DVHSS 27 0 9,521,367 9,521,367 EX 4 0 1,116, 565 1,116,565 EX-XG 1 0 195,694 195,694 EX-XJ 1 0 10,510 10,510 EX -XL 1 0 354,256 354,256 EX-XN 11 0 15,280,453 15,280,453 EX-XR 1 0 14,589 14,589 EX-XU 1 0 18,579,060 18,579,060 EX-XV 643 0 2,523,077,500 2,523,077,500 EX XV (Prorated) 2 0 477,163 477,163 EX366 1,287 0 529,537 529,537 FIR 7 6,302,951 0 6,302,951 FRSS 3 0 1,179,413 1,179,413 HS 12,567 274,896,633 0 274,896,633 MASSS 3 0 988,613 988,613 MED 5 0 243,348,672 243,348,672 OV65 4,588 132,738,932 0 132,738,932 OV65S 6 150,000 0 150,000 PC 7 219,726 0 219,726 SO 19 599,993 0 599,993 Totals 429,433,456 2,961,062,522 3,390,495,978 C2/237983 Page 5 of 39 Page 287 of 417 October 23, 2025 Item No. 8.1. Northgate Small Area Plan Engagment Report Update Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the Northgate Small Area Plan Engagement Report Update. Relationship to Strategic Goals: Recommendation(s): NA Summary: Staff presented the Greater Northgate Small Area Plan Engagement Report at the July 10th, 2025 City Council meeting workshop. At the conclusion of the workshop Council asked for some time to digest the report and proposed action items from the community, and asked staff to come back at a later date with a status of the various community request items. The file attached to this coversheet consists of three "buckets" that staff put the 50 action items into. The first bucket consists of items that are already, in varying capacities, being explored or enacted by the City. The second bucket consists of items that could be classified as components of various engagement efforts, such as the Active Transportation Plan update, that would be incorporated or acted on by staff during a future process. The last bucket is the main focus of the workshop agenda. These are 33 action items that need council direction on whether the City pursues them or not. Alternatively, staff could continue the Small Area Planning process, analyze the ideas for feasibility and alignment with staff's professional expertise across the City. This would generate an implantation plan that council could adopted which allows future Councils and staff, as well as the community, to know what the direction and goals are for Northgate over a 10-20 year horizon. Budget & Financial Summary: Attachments: 1. Northgate SAP Action Items Page 288 of 417 Extend the pedestrian wall on University Drive. Extend the existing University Drive pedestrian wall eastward as well as westward to at least 203 University Drive to better separate pedestrians from traffic. Conduct bicycle and pedestrian demand and safety study in the Northgate District. Analyze bicycle and pedestrian demands and meet desired safety outcomes by prioritizing signal timing, providing crossing enhancements along Church Avenue and other locations, lighting upgrades, ADA-compliant facilities, and other identified improvements. Further develop the pedestrian and bicycle grade separation feasibility study for the University Drive corridor. Coordinate with other agencies and stakeholders to conduct engineering, cost, and location studies to prioritize implementation of grade -separated crossings across University Drive along with identifying funding mechanisms. Prioritize improved crossing solutions along the College Avenue corridor. Explore signalization, street alignments, mid -block pedestrian crossings, bike facilities, and potential grade separations from University Drive to Inlow Boulevard to establish safe east -west connectivity across College Avenue Establish a formalized communication channel between Northgate District businesses and the City. This communication channel can be utilized to coordinate marketing and events, share feedback, and steward district improvements and advocacy Ensure consistent upkeep of public spaces and maintain hardscaping elements in good repair. Prioritize graffiti removal, trash collection, lighting repair, and tree health management to keep public areas clean, safe, and welcoming Implement smart parking systems with real-time garage availability signage. Use signage at key entry points to displace availability to reduce congestion and unnecessary circulation Study the feasibility of implementing a dynamic pricing model for City parking spaces. Dynamic pricing can encourage turnover and balance parking demand. Complete a block -by -block lighting audit focused on areas with inadequate illumination or non-functioning fixtures. Replace outdated fixtures and upgrade to pedestrian -scale, energy -efficient lighting Install additional lighting in areas with inadequate illumination to improve the feeling of safety in the district Action Item Amend the Bicycle, Pedestrian, and Greenways Master Plan to include planned sidewalks to create a complete pedestrian network. Amend the Master Plan to ensure a complete sidewalk network on all streets within the planning area, except for Inlow, Boulevard, Wellborn Road, and any segments where a shared use path provides equivalent access. Amend the Bicycle, Pedestrian, and Greenways Master Plan to include planned shared use paths along arterial roadways of University Drive, College Avenue, and Wellborn Road. Amend the Master Plan to increase bicycle and pedestrian access and safety to include shared use paths to be planned along the north side of University Drive from Texas Avenue to Wellborn Road, the west side of College Avenue from University Drive to the City limit, and the east side of Wellborn Road from University Drive to the City limit. Amend the Bicycle, Pedestrian, and Greenways Master Plan to include a planned shared use path along the Burton Creek Tributary and Inlow, Boulevard. Amend the Master Plan for a planned off-street path connecting College Main to Nagle Street along the Burton Creek Tributary and then along Inlow Boulevard that would connect Northgate Park to Hensel Park Maintain and expand the sidewalk network. Perform an audit of the existing sidewalk infrastructure for needed improvements and prioritize sidewalk gap -filling and widening, as feasible, into capital improvements and development review processes Conduct Bicycle Parking Evaluation. Assess current availability and install secure, well -lit bike racks in public spaces and near key destinations Partner with TxDOT and Texas A&M University to design and construct grade -separated crossings at priority locations. Design and construct bicycle and pedestrian grade separations at key locations along the University Drive corridor to reduce safety conflicts and improve connections to the Texas A&M University campus and other key destinations Collaborate with local businesses and organizations to host diverse events and programs. Programs could include farmers markets, art walks, street festivals, seasonal events, and alumni/family weekend specials. Continue working with residents, businesses, students, and Texas A&M to ensure implementation remains aligned with community needs and aspirations. Conduct analysis on alternative for the Wellborn Road cross-section. Evaluate options to retrofit the existing four -lane undivided roadway to consider turn lanes, designated bicycle infrastructure, and pedestrian crossings to increase safety and access along the Wellborn Road corridor Conduct feasibility study on one-way street conversions. Evaluate potential conversions of streets (e.g, Tauber and Stasney) to one-way operations for potential to expand sidewalk width, introduce protected bike lanes, and/or increase on -street parking The study could include how one-way street configurations could support flexible curb space, ride-share/drop-off, bike parking, and cafe seating Extend streets for enhanced connectivity. Extend Cherry Street to connect with Maple Avenue to improve east -west movement Extend Tauber Street to Aspen Street in coordination with the City of Bryan Conduct feasibility study for plan area transit circulator system. Conduct a study on a transit circulator system (e g, trolley or shuttle service) If feasible, pilot the service during major events (e g, game days, Parents Weekend) Coordinate with TAMU Transit, Brazos Transit District, and regional transit organizations to improve transit mobility to and within the planning area. Collaborate with these partners to enhance bus stop amenities, signage, and pedestrian connections to transit stops Improve lighting and visibility to improve pedestrian safety. Install pedestrian - scale lighting along sidewalks, shared -use paths, at crossings, and along trail corridors, especially in areas with nighttime activity Conduct a comprehensive evaluation of the City of College Station's policies and implementation efforts related to active ground -floor uses in the Northgate District. The study should identify existing challenges, measure effectiveness to date, and benchmark best practices from peer cities to inform future strategies Explore repurposing the city -owned surface parking lot to accommodate a variety of uses. Potential uses include a community gathering area, flexible event space, a pocket park, public parking, or low -profile mixed -use development that complements the scale and character of adjacent buildings Evaluate amending the UDO to update sidewalk width requirements, tree spacing, and street furniture placement. This amendment will specify placement standards that avoid clutter and maintain clear pedestrian flow Evaluate amending the UDO to update landscape diversity requirements. This amendment will require native or adaptive plantings, discourage monoculture species, and prioritize shade canopy in parking lots and public plazas Page 289 of 417 Evaluate amending the NG-1 Design District standards to preserve and enhance Northgate's character. Conduct a comprehensive evaluation of the NG-1 Zoning District and related regulations to better support adaptive reuse, preserve historic and cultural character, and guide compatible new development Study the feasibility of establishing a historic preservation program for the Northgate area. This effort should include an updated historic resources survey to map historically and culturally significant sites The inventory should encompass architecturally notable structures as well as locations of social or cultural importance, with particular attention to properties identified by the stakeholder committee —such as legacy bars, churches, and civic landmarks Establish a facade improvement program to improve building frontages and rear public entries. This program would incentmze improvements through matching grants Encourage and facilitate the creation of murals and public art by local artists. Public art plays a central role in placemaking, creating visually engaging spaces that reflect Northgate's unique cultural character. Promote adaptive reuse over demolition. Use planning review and incentives to guide property owners toward adaptive reuse and rehabilitation of aging buildings instead of teardown-rebuild cycles Celebrate local history and cultural character through programming and public realm design. Collaborate with the Northgate District Association and local institutions to host walking tours and heritage festivals. Incorporate historic references in public design elements —such as benches, lighting, and signage—to showcase the district's identity and sense of place. Develop a branding strategy for the Northgate Bar District that creates a unified visual identity reflecting the district's unique character and cultural energy. This strategy should include design -forward, district -branded elements such as gateway signage, street light banners, and promotional materials Develop a Business Recruitment Toolkit. Provide marketing materials, demographic profiles, leasing information for target sites, and potential incentives or assistance programs. Explore incentives to attract businesses such as neighborhood -scale retail, wellness services, and grocers. Incentives may include rent subsidies, build -out grants, or streamlined permitting for ground -floor activation in key corridors. Expand small business support programs to revitalize inactive commercial spaces by helping entrepreneurs with permitting, financing, marketing, and tenant improvements. Prioritize support for locally owned businesses, particularly those that generate daytime foot traffic and service -oriented uses. Coordinate with Texas A&M University to market Northgate as a tourism destination. Key opportunities include major campus events, athletic games, and conferences. Enhance public plazas and pedestrian promenades such as the College Main Plaza and Second Street Promenade. Consider the addition of movable seating, art installations, and decorative lighting Identify opportunities for new permanent and pop-up public spaces at key locations. Potential sites include Second Street at Louise, sites near Northgate Park, and along the Church Avenue corridor. Develop a Patricia Street Promenade Master Plan that provides infrastructure to support community gatherings and events. The plan should consider landscaping and stormwater features, permanent seating, shade pavilions, flexible spaces for event setups, and access to power and lighting for evening events. Page 290 of 417 Enhance streetscapes and create tree -lined, green streets along major corridors such as University Drive, College Main, and Church Avenue. Improve the visual appeal, comfort, and environmental performance of major streets by incorporating planting strips, bioswales, and appropriately spaced trees with adequate root zones to provide shade, reduce heat, and manage stormwater Develop a master plan for Northgate Park. Consider park enhancements such as additional pavilions, trail connections, and public art that showcases Northgate's unique character, along with exploring possible ways to expand the park's physical footprint. Work collaboratively with Texas A&M University to enhance Hensel Park as a vibrant recreational and cultural destination. Improve public access through trails and safe crossings from the Northgate District and surrounding neighborhoods. Develop a Northgate Parking and Curb Management Plan. The plan should designate specific zones for short-term, long-term, and event parking, while also managing curb space for ride -share drop-offs, deliveries, and transit stops. Encourage shared parking agreements between adjacent properties. Promote coordination among residential towers, commercial users, churches, and entertainment venues to improve overall parking efficiency. Support multimodal access with a focus on pedestrian and bicycle safety. Prioritize safety improvements near garages, curb zones, and delivery areas to enhance walkability and bike access throughout the district. Explore changes to Northgate District solid waste collection procedures. Consider adjustments to reduce the visibility of unsightly bins in pedestrian areas and to improve compliance with proper use procedures among businesses participating in the trash compactor program. Provide an annual update on the progress made toward implementing the goals and actions outlined in this plan. Staff will document progress through the Comprehensive Plan and Unified Development Ordinance Annual Review. Conduct an audit of the plan 10-years after adoption to assess the successes and shortcomings of the plan and its implementation. Based on the audit results, City Council may either recommend retiring the plan or direct staff to initiate a plan update. Page 291 of 417 October 23, 2025 Item No. 8.2. Overnight Parking Sponsor: Jennifer Prochazka, Assistant City Manager Reviewed By CBC: City Council Agenda Caption: Presentation and discussion regarding overnight parking options in residential areas near the University. Relationship to Strategic Goals: Recommendation(s): Staff recommends that City Council receive the presentation and provide direction, if desired. Summary: This item is an opportunity for City Council to receive public feedback related to potential overnight parking limits in residential areas near Texas A&M University. Staff will present results of the survey and feedback received during the public meeting, as well as operational information. Budget & Financial Summary: Attachments: None Page 292 of 417 October 23, 2025 Item No. 8.3. Baseball and Other Capital Projects Discussion Sponsor: Bryan Woods, City Manager Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding the Veterans Park baseball field project, potential baseball fields in the Midtown area, and other capital projects. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Summary: This item is an opportunity for Council to discuss various baseball and other capital project opportunities. Budget & Financial Summary: Attachments: None Page 293 of 417 October 23, 2025 Item No. 9.1. 2013 GOB Cash Defeasance Sponsor: Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible actions on an ordinance authorizing the redemption of a portion of City of College Station General Obligation Improvement & Refunding Bonds, Series 2013 and approving a related escrow agreement. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s): Staff recommends council approval of the ordinance authorizing the redemption of a portion of City of College Station General Obligation Improvement & Refunding Bonds, Series 2013 and approving a related escrow agreement. Summary: The city takes an active approach in managing our debt service obligations and looks for ways to reduce this obligation. The city uses refunding bonds to refinance eligible bonds and, when available, cash to defease or payoff early eligible bonds. Constant evaluation of the interest rate market and available funds are done to identify opportunities to reduce our debt service obligation. Each new issue bond becomes callable or available to payoff early after 10 years from its issuance. The city targets a net present value of savings of at least 5% when evaluating whether to pay bonds off early or refinance. By defensing the 2013 Series General Obligation Improvements and Refunding Bonds, this will save the city a cashflow of $664,147 over the life of the bonds and represents a net present value savings of 5.5% compared to the opportunity cost of the funds used to defease. Budget & Financial Summary: Planned defeasance was budgeted in the Approved FY26 Annual Budget within the Debt Service Fund. Attachments: 1. Ordinance Redeeming Outstanding Bonds (COCS) (ver 1) 2. Ordinance Redeeming Outstanding Bonds (COGS) (ver 1) - Signature Pages Page 294 of 417 ORDINANCE AUTHORIZING THE REDEMPTION OF A PORTION OF CITY OF COLLEGE STATION GENERAL OBLIGATION IMPROVEMENT & REFUNDING BONDS, SERIES 2013 AND APPROVING A RELATED ESCROW AGREEMENT WHEREAS, City of College Station (the "City") has issued its City of College Station General Obligation Improvement & Refunding Bonds, Series 2013 (the "Bonds"); WHEREAS, the Bonds maturing on or after February 15, 2023 are subject to redemption prior to stated maturity, at the option of the City, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof, on February 15, 2022, or any date thereafter, at a redemption price equal to the principal amount thereof plus accrued interest to the date fixed for redemption; WHEREAS, this City Council of the City finds and determines that it is necessary and in the best interests of the City to use excess interest and sinking fund tax collections to redeem a portion of the Bonds, thus reducing the total dollar amount of debt service paid over the original life of the Bonds; and WHEREAS, the City is authorized to deposit any available funds or resources, directly with a trust company or commercial bank that does not act as a depository for the City, in order to make financial arrangements for the final payment of its outstanding bonds; and WHEREAS, the ordinance that authorized the issuance of the Bonds provides that notice of redemption of the Bonds shall be mailed to the registered owners thereof at least thirty days prior to the redemption date; and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF COLLEGE STATION: Section 1. The City hereby exercises its option to redeem a portion of the Bonds on December 16, 2025 (the "Redemption Date") in the principal amounts as shown below. The Bonds below constitute the "Redeemed Bonds": Principal Principal Redemption Maturitv Date Amount Amount CUSIP Date Outstanding Redeemed 02/15/2027 $455,000 $455,000 194469AP7 100% 02/15/2028 $475,000 $475,000 194469AQ5 100% 02/15/2029 $495,000 $495,000 194469AR3 100% 02/15/2030 $510,000 $510,000 194469AS1 100% 02/15/2031 $540,000 $540,000 194469AT9 100% 02/15/2032 $560,000 $560,000 194469AU6 100% 02/15/2033 $580,000 $580,000 194469AV4 100% Section 2. On or before December 16, 2025, the City shall deposit with or make available to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the "Paying Agent/Registrar"), funds in Page 295 of 417 an amount sufficient to pay the redemption price of the portion of the Redeemed Bonds called for redemption on the Redemption Date. The Redemption Price for the Redeemed Bonds is $3,665,893.52 being $3,615,000.00 in principal amount and $50,893.52 in accrued but unpaid interest. Section 3. The Redeemed Bonds called for redemption shall be presented for redemption and payment to the Paying Agent/Registrar in accordance with a notice of redemption and shall not bear interest after the Redemption Date. The Paying Agent/Registrar is hereby authorized and directed to disseminate a notice of redemption to be mailed by the Paying Agent/Registrar at least thirty days prior to the Redemption Date by United States mail, first-class postage prepaid, to the registered owner of each Redeemed Bond to be redeemed at its address as it appeared on the day such notice of redemption is mailed and to major securities depositories, national bond rating agencies, MSRB Electronic Municipal Market Access, and bond information services. Section 4. The City Manager and Assistant City Manager/CFO (each an "Authorized Officer") of the City is further authorized to enter into and execute on behalf of the City with the escrow agent named therein, an escrow agreement, which escrow agreement will provide for the escrow of the funds until needed only to pay the Redeemed Bonds so called for redemption plus accrued but unpaid interest. Each Authorized Officer is authorized to purchase such securities in the escrow fund under the escrow agreement, to execute such subscriptions for the purchase of the United States Treasury Securities, State and Local Government Series and to transfer and deposit such cash from available funds, as may be necessary or appropriate for the escrow fund described in the escrow agreement. The City may obtain, at its sole discretion, a report or certificate verifying that any investments purchased under the escrow fund will mature and pay interest in such amounts which, together with any uninvested funds in the escrow fund, will be sufficient to pay, when due, the principal of and interest on the Redeemed Bonds. Section 5. Each Authorized Officer are hereby authorized and directed to take such actions and to execute and deliver such documents, certificates and receipts, including without limitation notice of redemption and material events notices with respect to the Redeemed Bonds, as necessary or appropriate to consummate the transactions authorized by this Ordinance and to redeem the Redeemed Bonds in accordance with the provisions and requirements of said Bonds. PASSED AND APPROVED ON OCTOBER 28, 2025. City Secretary; City of College Station Mayor; City of College Station Page 296 of 417 ESCROW AGREEMENT THIS ESCROW AGREEMENT, dated as of October 28, 2025 (the Agreement) is entered into by and between the City of College Station (the Issuer) and The Bank Of New York Mellon Trust Company, N.A., Dallas, Texas, as escrow agent (the Escrow Agent). The addresses of the Issuer and the Escrow Agent are shown on Exhibit A attached hereto and made a part hereof. WITNESSETH: WHEREAS, the Issuer heretofore issued and there presently remain outstanding the obligations (the Refunded Obligations) described in Exhibit B attached hereto and made a part hereof; and WHEREAS, the Refunded Obligations are scheduled to be payable at such times and in such amounts as are set forth in Exhibit C attached hereto and made a part hereof; and WHEREAS, when firm banking arrangements have been made for the payment of principal and interest to the maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose; and WHEREAS, Chapter 1207, Texas Government Code (Chapter 1207), authorizes the Issuer to deposit an amount of money sufficient to provide for the payment or redemption of the Refunded Obligations to be paid or redeemed in whole or in part without issuing refunding bonds, directly with a paying agent for any of the obligations to be refunded, paid, or redeemed, and such deposit, if made before such payment dates and in sufficient amounts, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, Chapter 1207 further authorizes the Issuer to enter into an escrow agreement with any Paying Agent for any of the Refunded Obligations, or a trust company or commercial bank that does not act as a depository for the Issuer, with respect to the safekeeping, investment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such Paying Agent, trust company or commercial bank may agree, provided that such deposits may be invested only in obligations described in Section 1207.062 of Chapter 1207, which obligations may be in book entry form, and which shall mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of principal and interest on the Refunded Obligations when due; and WHEREAS, the Escrow Agent is a paying agent for the Refunded Obligations, and this Agreement constitutes an escrow agreement of the kind authorized and required by said Chapter 1207; and WHEREAS, Chapter 1207 makes it the duty of the Escrow Agent to comply with the terms of this Agreement and timely make available to the Paying Agents for the Refunded Obligations the amounts required to provide for the payment of the principal of and interest on such obligations Page 297 of 417 when due, and in accordance with their terms, but solely from the funds, in the manner, and to the extent provided in this Agreement; and WHEREAS, the Issuer has on hand available funds which shall be deposited to the credit of the Escrow Fund created pursuant to the terms of this Agreement; and WHEREAS, the cash balances from time to time on deposit in the Escrow Fund will be sufficient to pay interest on the Refunded Obligations as it accrues and becomes payable and the principal of the Refunded Obligations on their maturity dates or dates of redemption; and WHEREAS, to facilitate the payment of the principal of and interest on the Refunded Obligations, and to facilitate receipt and transfer of proceeds of the Escrow Fund, the Issuer desires to establish the Escrow Fund at the principal corporate trust office of the Escrow Agent; and NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Obligations, the Issuer and the Escrow Agent mutually undertake, promise, and agree for themselves and their respective representatives and successors, as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement: Code means the Internal Revenue Code of 1986, as amended, or to the extent applicable the Internal Revenue Code of 1954, together with any other applicable provisions of any successor federal income tax laws. Escrow Fund means the fund created by this Agreement to be administered by the Escrow Agent pursuant to the provisions of this Agreement. Escrowed Securities means, subject to any restrictions set forth in any order, ordinance or resolution of the Issuer authorizing the issuance of the Refunded Obligations, the obligations permitted by Section 1207.062 of Chapter 1207 or cash or other obligations permitted by Section 1207.062 of Chapter 1207 substituted therefor pursuant to Article IV of this Agreement. Paying Agent means, with respect to the Refunded Obligations, The Bank of New York Mellon Trust Company, N.A., as paying agent/registrar therefor. Section 1.02. Other Definitions. The terms Agreement, Issuer, Escrow Agent and Refunded Obligations, when they are used in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement. 4 Page 298 of 417 Section 1.03. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the early retirement of the Refunded Obligations in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS Section 2.01. Deposits in the Escrow Fund. On or before December 16, 2025, the Issuer shall deposit, or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds described in Exhibit D attached hereto and made a part hereof, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing. ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the City of College Station Series 2025 Escrow Fund (the Escrow Fund. The Escrow Agent hereby agrees that upon receipt thereof it will irrevocably deposit to the credit of the Escrow Fund the funds described in Exhibit D. Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and interest on the Refunded Obligations, which payment shall be made by timely transfers of such amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have been made for the payment of such principal of and interest on the Refunded Obligations, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.02. Pavment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer from the cash balances from time to time on deposit in the Escrow Fund and make available to the Paying Agent for the Refunded Obligations, the amounts required to pay the principal of and interest on the Refunded Obligations at their redemption date and interest thereon to such redemption date. Section 3.03. Sufficiencv of Escrow Fund. The Issuer represents that the cash balances in the Escrow Fund will be at all times sufficient to provide moneys for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Refunded Obligations as such interest comes due and the principal of the Refunded Obligations as the Refunded Obligations mature or are subject to redemption, all as more fully set forth in Exhibit E attached hereto and made a part hereof. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by each 5 Page 299 of 417 Paying Agent for the Refunded Obligations to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given as promptly as practicable as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. Uninvested cash and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded Obligations; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the Refunded Obligations shall be entitled to the same preferred claim and first lien upon the Escrow Fund to which they are entitled as owners of the Refunded Obligations. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except as Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided, by the Paying Agent. Section 3.05. Securitv for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured with securities or obligations that are eligible under the laws of the State of Texas, having a market value at least equal to such cash balances. ARTICLE IV LIMITATION ON INVESTMENTS Section 4.01. General Limitations. Except as provided in Section 4.02 and 4.03, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to make substitutions of any Escrowed Securities, or to sell, transfer or otherwise dispose of Escrowed Securities. Section 4.02. Substitutions and Investments. At the written direction of the Issuer, the Escrow Agent shall invest cash balances in the Escrow Fund, make substitutions of Escrowed Securities or redeem any Escrowed Securities and reinvest the proceeds thereof or hold such proceeds as cash, together with other moneys or securities held in the Escrow Fund provided that the Issuer delivers to the Escrow Agent the following: (1) an opinion by an independent certified public accountant that after such substitution, investment or reinvestment the principal amount of the securities in the Escrow Fund (which shall be noncallable, not pre -payable obligations described in Section 1207.062 of Chapter 1207, subject to any restrictions set forth in any order, ordinance or 6 Page 300 of 417 resolution of the Issuer authorizing the issuance of the Refunded Obligations), together with the interest thereon and other available moneys in the Escrow Fund, will be sufficient to pay, without further investment or reinvestment, as the same become due, the principal of, interest on and premium, if any, on the Refunded Obligations which have not previously been paid, and (2) an unqualified opinion of nationally recognized municipal bond counsel to the effect that (a) such substitution, investment or reinvestment will not cause the Refunded Obligations to be "arbitrage bonds" within the meaning of Section 103 of the Code or the regulations thereunder in effect on the date of such substitution or reinvestment, or otherwise make the interest on the Refunded Obligations subject to federal income taxation, and (b) such substitution, investment or reinvestment complies with the Constitution and laws of the State of Texas and with all relevant documents relating to the issuance of the Refunded Obligations. The Escrow Agent shall have no responsibility or liability for loss or otherwise with respect to investments made at the explicit written direction of the Issuer. Section 4.03. Reinvestment of Certain Cash Balances in Escrow by Escrow Agent. The Escrow Agent shall, at the written direction of the Issuer, reinvest cash balances in the Escrow Fund in United States Treasury Certificates of Indebtedness, Notes or Bonds - State and Local Government Series with an interest rate equal to zero percent (0%) (the Zero SLGs) to the extent such obligations are available from the Department of Treasury. All such re -investments shall be made only from the portion of cash balances derived from the maturing principal of and interest on any Escrowed Securities. Section 4.04. Arbitrate. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow Fund to be used directly or indirectly to acquire any securities or obligations if the exercise of such power or the acquisition of such securities or obligations would cause any Refunded Obligations to be an "arbitrage bond" within the meaning of the Code. Page 301 of 417 ARTICLE V APPLICATION OF CASH BALANCES Section 5.01. In General. Except as provided in Sections 3.01, 3.02, 4.02 and 4.03 hereof, no withdrawals, transfers, or reinvestment shall be made of cash balances in the Escrow Fund. ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the Issuer and the owners of the Refunded Obligations. Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Issuer a written report summarizing all transactions relating to the Escrow Fund during the preceding year, including, without limitation, credits to the Escrow Fund and transfers from the Escrow Fund for payments on the Refunded Obligations or otherwise, together with a detailed statement of any Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE VII CONCERNING THE PAYING AGENTS AND ESCROW AGENT Section 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 7.02. Limitation on Liabilitv. (a) The liability of the Escrow Agent to transfer funds for the payment of the principal of and interest on the Refunded Obligations shall be limited to the cash balances and any proceeds of the Escrowed Securities from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer as promptly as practicable of any such occurrence. (b) The recitals herein and in the proceedings authorizing the Refunded Obligations shall be taken as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing the Refunded Obligations and is not responsible for nor bound by any of the provisions 8 Page 302 of 417 thereof. In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. (c) The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. (d) It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. (e) The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or willful misconduct. (f) Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the Issuer with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own willful misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the Issuer at any time. (g) The Escrow Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods (Electronic Communication), provided, however, that the Issuer shall provide to the Escrow Agent an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Escrow Agent instructions by Electronic Communication and the Escrow Agent in its discretion elects to act upon such instructions, the Escrow Agent's reasonable understanding of such instructions shall be deemed controlling. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent's reliance upon and compliance with such instructions. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Agent, and the risk or interception and misuse by third parties. E Page 303 of 417 (h) The Escrow Agent may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through its agents or attorneys. (i) The Escrow Agent may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, written investment direction, statement, instrument, opinion, notice or other paper or document believed by it to be genuine and to have been signed or presented by the proper party. 0) To the extent permitted by law, the Issuer agrees to indemnify the Escrow Agent, its officers, directors, employees and agents for, and hold them harmless against, any loss, liability, or expense incurred without negligence or bad faith on their part arising out of or in connection with its acceptance or administration of the Escrow Agent's duties under this Agreement, including the cost and expense (including its counsel fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. The foregoing indemnification shall survive the termination of this Agreement or the resignation or removal of the Escrow Agent. (k) The Escrow Agent may consult with counsel and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it in accordance with such advice in the absence of any fraud or negligence on the part of the Escrow Agent Section 7.03. Compensation. (a) Concurrently with the initial deposit to the Escrow Fund, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow Agent in the administration of this Agreement, the amount set forth in Exhibit F, attached hereto and made a part hereof, the sufficiency of which is hereby acknowledged by the Escrow Agent. In the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. (b) The Issuer covenants to timely pay for all future paying agency services of the Paying Agent for the Refunded Obligations in accordance with the paying agent fee schedule now in effect through the final payment of the Refunded Obligations. Additionally, the Paying Agent has agreed to look only to the Issuer for the payment of such fees and reimbursement of such expenses, and for the benefit of the registered owners of the Refunded Obligations, to perform the services as Paying Agent without regard to the future payment of such fees and expenses. The Paying Agent shall in no event assert any claim or lien against the Escrow Fund for any fees for their services, whether regular or extraordinary, as Paying Agent, or in any other capacity, or for reimbursement for any of its expenses. 10 Page 304 of 417 Section 7.04. Notice of Redemption of Refunded Obligations. The Escrow Agent serves as Paying Agent/Registrar for the Refunded Obligations. Not less than thirty days prior to the Redemption Date for the Refunded Obligations, the Escrow Agent will give the notice of redemption to the registered holders of the Refunded Obligations in accordance with the order authorizing the issuance of the Refunded Obligations. The Bank hereby acknowledges and represents that no amounts are due to it under the Paying Agent/Registrar Agreement pertaining to the Refunded Obligations and that the Bank will not apply funds from any fund established for the Refunded Obligations for the payment of any fees owed to the Bank. Section 7.05 Successor Escrow Agents. (a) If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If a successor Escrow Agent has not been appointed within 60 days from the date the Escrow Agent submits its notice of resignation, the Escrow Agent may, at the expense of the Issuer, petition a court of competent jurisdiction to have a successor appointed. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. (b) Any successor Escrow Agent shall be: (i) a corporation, bank or banking association organized and doing business under the laws of the United States or the State of Texas; (ii) be authorized under such laws to exercise corporate trust powers; (iii) be authorized under Texas law to act as an escrow agent; (iv) have its principal office and place of business in the State of Texas; (v) have a combined capital and surplus of at least $5,000,000; and (vi) be subject to the supervision or examination by Federal or State authority. (c) Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. (d) The Escrow Agent at the time acting hereunder may at any time resign and be discharged from the trust hereby created by giving not less than sixty (60) days' written notice to the Issuer. No such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the owners of the Refunded Obligations or by the Issuer as herein provided and such successor Escrow Agent shall be an entity authorized by law to serve as an escrow agent and shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. (e) Under any circumstances, the Escrow Agent shall pay over to its successor Escrow Agent proportional parts of the Escrow Agent's fee and. 11 Page 305 of 417 ARTICLE VIII MISCELLANEOUS Section 8.01. Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the Issuer or the Escrow Agent at the address shown on Exhibit A attached hereto. The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten (10) days prior notice thereof. Prior written notice of any amendment to this Agreement contemplated pursuant to Section 8.08 and immediate written notice of any incidence of a severance pursuant to Section 8.04 shall be sent to the Municipal Securities Rulemaking Board. Section 8.02. Termination of Responsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the Issuer, the owners of the Refunded Obligations or to any other person or persons in connection with this Agreement. Section 8.03. Binding Agreement. This Agreement shall be binding upon the Issuer and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Obligations, the Issuer, the Escrow Agent and their respective successors and legal representatives. Section 8.04. Severabilitv. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 8.06. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. Section 8.07. Effective date of Agreement. This Agreement shall be effective upon receipt by the Escrow Agent of the funds described in Exhibit D, together with the specific sums stated in subsection (a) of Section 7.03 for Escrow Agent and paying agency fees, expenses, and services. Section 8.08. Amendments. This Agreement shall not be amended except to cure any ambiguity or formal defect or omission in this Agreement. No amendment shall be effective unless the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the holders of the Refunded Obligations. 12 Page 306 of 417 Section 8.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original for all purposes, and all counterparts shall together constitute one and the same instrument. Section 8.10. Miscellaneous. The Bank makes the following representations and covenants pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as amended (the "Covered Verifications"), in entering into this Agreement. As used in such verifications, "affiliate" means an entity that controls, is controlled by, or is under common control with the Bank within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Liability for breach of any such verification during the term of this Agreement shall survive until barred by the applicable statute of limitations and shall not be liquidated or otherwise limited by any provision of this Agreement, notwithstanding anything in this Agreement to the contrary. Notwithstanding anything in this Agreement to the contrary, the Issuer reserved and retains all rights and remedies at law and equity for pursuit and recovery of damages, if any. Notwithstanding anything contained herein, the representations and covenants contained in this section shall survive termination of the agreement until the statute of limitations has run. (a) Not a Sanctioned Combanv. The Bank represents that neither it nor any of its parent company, wholly- or majority -owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, as amended. The foregoing representation excludes the Bank and each of its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. (b) No Bovcott of Israel. The Bank hereby verifies that it and any parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. As used in the foregoing verification, "boycott Israel" has the meaning provided in Section 2271.001, Texas Government Code, as amended. (c) No Discrimination Against Firearm Entities. The Bank hereby verifies that it and any parent company, wholly- or majority -owned subsidiaries, and other affiliates, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification, "discriminate against a firearm entity or firearm trade association" has the meaning provided in Section 2274.001(3), Texas Government Code, as amended. (d) No Bovcott of Ener2v Companies. The Bank hereby verifies that it and any parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. As used in the foregoing verification, "boycott energy companies" has the meaning provided in Section 2276.001(1), Texas Government Code, as amended. (Execution Page Follows) 13 Page 307 of 417 EXECUTED as of the date first written above. THE CITY OF COLLEGE STATION I0 Jeff Kersten Assistant City Manager / CFO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Title: Escrow Agreement City of College Station 2025 Page 308 of 417 INDEX TO EXHIBITS Exhibit A Addresses of the Issuer and Escrow Agent Exhibit B Schedule of Refunded Obligations Exhibit C Schedule of Debt Service on Refunded Obligations Exhibit D Escrow Deposit Exhibit E Escrow Fund Cash Flow Exhibit F Escrow Agent Fees Page 309 of 417 EXHIBIT A ADDRESSES OF THE ISSUER AND ESCROW AGENT ISSUER The City of College Station Attn: Finance Department 1101 Texas Ave. College Station TX 77842 ESCROW AGENT The Bank of New York Mellon Trust Company, N.A. Attn: Corporate Trust Services 2001 Bryan Street, loth Floor Dallas, TX 75201 A-1 Page 310 of 417 EXHIBIT B SCHEDULE OF REFUNDED OBLIGATIONS City of College Station General Obligation Improvement & Refunding Bonds, Series 2013 Principal Principal Redemption Maturity Date Amount Amount CUSIP Date Outstanding Redeemed 02/15/2027 $455,000 $455,000 194469AP7 100% 02/15/2028 $475,000 $475,000 194469AQ5 100% 02/15/2029 $495,000 $495,000 194469AR3 100% 02/15/2030 $510,000 $510,000 194469AS1 100% 02/15/2031 $540,000 $540,000 194469AT9 100% 02/15/2032 $560,000 $560,000 194469AU6 100% 02/15/2033 $580,000 $580,000 194469AV4 100% email Page 311 of 417 EXHIBIT C SCHEDULE OF DEBT SERVICE ON REFUNDED OBLIGATIONS Period Ending 08/20/2013 02/15/2014 03/15/2014 02/15/2015 08/15/2015 02/15/2016 08/15/2016 02/15/2017 08/15/2017 02/15/2018 08/15/2018 02/15/2019 03/15/2019 02/15/2020 08/15/2020 02/15/2021 08/15/2021 02/15/2022 08/15/2022 02/15/2023 08/15/2023 02/15/2024 08/15/2024 02/15/2025 08/15/2025 02/15/2026 03/15/2026 02/15/2027 08/15/2027 02/15/2028 08/15/2028 02/15/2029 08/15/2029 02/15/2030 08/15/2030 02/15/2031 08/15/2031 02/15/2032 08/15/2032 02/15/2033 Principal Coupon Interest Debt Service 1,275,000 2.000% 422,123.70 1,697,123.70 421,434.33 421,434.38 1,400,000 3.000% 421,434.35 1,821,434.38 400,434.35 400,434.38 1,370,000 3.000% 400,434.38 1,770,43-4.38 379,S84.38 379,S84.38 1,380,000 4.000% 379,S84.38 1,759,S84.38 352,284.38 352,284.38 1,295,000 4.000% 352,284.33 1,647,284.38 326,384.38 326,394.38 1,195,000 5.000% 326,384.38 1,521,384.38 296,509.38 2916,509.38 1,270,000 5.000% 296,509.38 1,566,509.38 264,759.38 264,759.38 1,345,000 "" °n 264,759.33 1,6D9,759.38 238,884.38 238,9&4.38 1,415,000 5.000% 238,S84.38 1,653,S84.38 203,509.38 2D3,509.38 1,495,000 5.000% 203,509.38 1,698,509.38 166,134.33 166,134. 38 1,585,000 5.000% 166,134.33 1,751,134.38 126,509.38 126,509.38 1,680,000 5.000% 126,509.38 1,8D6,509.38 84,509.38 94,509.38 440,000 4.00096 94,509.38 524,509.38 75,709.33 75,709.38 455,000 4.00096 75,709.38 530,709.38 66,609.38 66,609.38 475,000 4.000% 66,609.38 541,609.38 57,109.38 57,109.38 495,000 4.125% 57,109.33 552,109.38 46,900.00 46,900. D0 510,000 4.250% 46,900.00 556,900.D0 36,D62.50 36,D62.50 540:000 4.250% 36,D62.50 576,D62.50 24,587.50 24,587.50 560,000 4.250% 24,587.50 594,587.50 12,687.50 12,687.50 580,000 4.375% 12,687.50 592,687.50 2D,760,000 7,583,930.10 28,343,930.10 C-1 Page 312 of 417 EXHIBIT D ESCROW DEPOSIT (1) Deposit with Respect to the Refunded Obligations: The sum of $3,653,979.29 shall be deposited with the Escrow Agent on November 12, 2025 from available funds to purchase the following securities: Security Principal Interest Maturity Type Amount Rate Date SLGS $3,653,979.00 $4.220% 12/16/2025 The sum of $0.29 deposited with the Escrow Agent shall remain uninvested in cash and shall be used to redeem the Refunded Bonds, on the date shown in Exhibit B hereto. (1) Preliminary, subject to being finalized during escrow pricing. D-1 Page 313 of 417 EXHIBIT E ESCROW FUND CASH FLOW (1) Present Value Net Escrow to 11/12/2025 Date Principal Interest Receipts @ 3.4766753Yu 12116/2025 3,653,979.00 11,914.23 3,665,893.23 3,653,979.00 3,653,979.00 11,9M23 3,665,893.23 3,653,979.00 (2) Preliminary, subject to being finalized during escrow pricing. E-1 Page 314 of 417 EXHIBIT F ESCROW AGENT FEES (Please see attached) Page 315 of 417 EXECUTED as of the date first written above. THE CITY OF COLLEGE STATION Jeff Kersten Assistant City Manager / CFO THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Title: Escrow Agreement City of College Station 2025 Page 316 of 417 redemption on the Redemption Date. The Redemption Price for the Redeemed Bonds is $3,665,893.52 being $3,615,000.00 in principal amount and $50,893.52 in accrued but unpaid interest. Section 3. The Redeemed Bonds called for redemption shall be presented for redemption and payment to the Paying Agent/Registrar in accordance with a notice of redemption and shall not bear interest after the Redemption Date. The Paying Agent/Registrar is hereby authorized and directed to disseminate a notice of redemption to be mailed by the Paying Agent/Registrar at least thirty days prior to the Redemption Date by United States mail, first-class postage prepaid, to the registered owner of each Redeemed Bond to be redeemed at its address as it appeared on the day such notice of redemption is mailed and to major securities depositories, national bond rating agencies, MSRB Electronic Municipal Market Access, and bond information services. Section 4. The City Manager and Assistant City Manager/CFO (each an "Authorized Officer") of the City is further authorized to enter into and execute on behalf of the City with the escrow agent named therein, an escrow agreement, which escrow agreement will provide for the escrow of the funds until needed only to pay the Redeemed Bonds so called for redemption plus accrued but unpaid interest. Each Authorized Officer is authorized to purchase such securities in the escrow fund under the escrow agreement, to execute such subscriptions for the purchase of the United States Treasury Securities, State and Local Government Series and to transfer and deposit such cash from available funds, as may be necessary or appropriate for the escrow fund described in the escrow agreement. The City may obtain, at its sole discretion, a report or certificate verifying that any investments purchased under the escrow fund will mature and pay interest in such amounts which, together with any uninvested funds in the escrow fund, will be sufficient to pay, when due, the principal of and interest on the Redeemed Bonds. Section 5. Each Authorized Officer are hereby authorized and directed to take such actions and to execute and deliver such documents, certificates and receipts, including without limitation notice of redemption and material events notices with respect to the Redeemed Bonds, as necessary or appropriate to consummate the transactions authorized by this Ordinance and to redeem the Redeemed Bonds in accordance with the provisions and requirements of said Bonds. PASSED AND APPROVED ON OCTOBER 28, 2025. City Secretary; City of College Station Mayor; City of College Station Page 317 of 417 October 23, 2025 Item No. 9.2. Greens Prairie Road Widening Phase 2 Condemnation Resolution Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, determining that fee simple interests, public utility interests, public access and landscape easement interests, and right of way interests are needed and needs to be acquired from the landowners, for the Greens Prairie Road Phase 2 Widening project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the resolution. Summary: The project will consist of replacing the existing two-lane asphalt road with a four -lane concrete section with a center turn lane and shared use paths on both sides of the road. The project will also include the installation of street lights and utilities. This roadway will match the previously completed sections along Greens Prairie Road. Of the eighteen parcels requiring acquisition for the project, acceptable settlements could not be reached with six of the landowners, and acquisition by eminent domain is needed to acquire the right- of-way and easements. Budget & Financial Summary: There are six properties that will need to be condemned as part of the attached resolution. • The Riewe tract was appraised at $20,984 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value for the right-of-way and easement. • The Brunson ROW tract was appraised at $13,441 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value for the right-of- way. • The Frew ROW tract was appraised at $12,982 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value for the right-of-way. • The Mayfield ROW tract was appraised at $38,262 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value for the right-of- way. • The Conole ROW tract was appraised at $14,902 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value for the right-of- way. • The Creek Meadows easement is a nominal value acquisition that involves a Public Access Easement. A combined budget of $12,400,000 is available in the Street, Water and Wastewater Capital Page 318 of 417 Improvement Projects Funds. A combined total of $134,314 has been spent or encumbered to date, leaving a combined balance of $12,265,686 for this item and future expenses. Attachments: 1. Resolution Eminent Domain Greens Prairie PH2 Widen 2. Greens Prarie Project Map Page 319 of 417 RESOLUTION NO. XX-XX-XX-X.X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT THE INTERESTS LISTED BELOW NEED TO BE ACQUIRED FOR THE RIGHT-OF-WAY CONSTRUCTION, OPERATION AND MAINTENANCE OF GREENS PRAIRIE ROAD PHASE 2 WIDENING, THE "PROJECT" AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire: 1. A fee simple interest in a tract of land totaling approximately 0.3996 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of Greens Prairie Road. A more specific description of said right-of-way parcel is attached as "Exhibit A"; and 2. A fee simple interest in a tract of land totaling approximately 0.0683 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of Greens Prairie Road. A more specific description of said right-of-way is attached as "Exhibit B"; and 3. A public utility easement interest in a tract of land totaling approximately 0. 10 10 acre for the public purpose of the construction, operation, and maintenance of a public utility easement. A more specific description of said public utility easement is attached as "Exhibit C"; and 4. A public access and landscape easement interest in a tract of land totaling approximately 0.0460 acre for the public purpose of the construction, operation, maintenance of a public access and landscape easement. A more specific description of said easement is attached as "Exhibit D"; and Page 320 of 417 Resolution No. xx-xx-xx-x.x Page 2 of 17 Greens Prairie Widening Project 5. A fee simple interest in a tract of land totaling approximately 0.0921 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of Greens Prairie Road. A more specific description of said right-of-way parcel is attached as "Exhibit E"; and 6. A fee simple interest in a tract of land totaling approximately 0.1144 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of Greens Prairie Road. A more specific description of said access easement is attached as "Exhibit F"; and 7. A fee simple interest in a tract of land totaling approximately 0.0573 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of Greens Prairie Road. A more specific description of said access easement is attached as "Exhibit G"; and WHEREAS, all tracts are collectively described as the "Land"; and WHEREAS, the City of College Station, through its duly authorized representatives, have negotiated with the owners of the Land for the purchase of the Land for the purposes stated herein and are unable to agree with such owners as to the fair market value and damages of the land, if any, to obtain the necessary property rights required by the City of College Station for the Project; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. The facts and recitals set forth in the preamble of this resolution are found to be true and correct. Section 2. The City Council of the City of College Station authorizes the City Attorney, or his designee, in compliance with Chapter 21 of the Texas Property Code, to send Initial and Final Offer Letters to the owners of the Land. Page 321 of 417 Resolution No. xx-xx-xx-x.x Page 3 of 17 Greens Prairie Widening Project Section 3. The City Council finds and determines that a public use and necessity exists for the City of College Station to construct, operate, and maintain the Project and to acquire the necessary property rights in the Land as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4. Should the Initial and Final offers be rejected by the owners of the Land, the City Council finds that the only way for the City of College Station to acquire the necessary interests in the Land is through the filing of eminent domain proceedings and the City Council hereby authorizes the City Attorney, or his designee, to bring eminent domain proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, or by any other provision of law or as amended, against the owner or owners of the Land. PASSED, APPROVED, AND RESOLVED this day of , 202_ Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 322 of 417 EXHIBIT A Proposed Right -of -Way Parcel Lot 1, Wellborn Oaks Brazos County, Texas Revised March 2025 Baseline I ACC.`.R All of that certain tract or parcel of land lying and being situatcd in the Jesse Bledsoe survey, abstract no- 71, in Brazos County, Texas, being a variable -width strip of land through the southeast part of Lot 1 of Wellborn Oaks as descrihed by plat recorded in volume 345, page 635 of the deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a V2" iron rod found at the east corner of said Lot 1 and said Weilbom Oars subdivision, at the intersection of the northwest right-of-way line of Greens Prairie Road and the southwest right-of-way line of Woodlake Drive, from where City of College Station control monument no. 134 beers N 85' 05' 03- W— 4886.8 feet; Thence 5 41' 50' 00" VW— 511.10 feet, along the southeast line of said Lot 1 and northwest line of Greens Prairie Road, to the south common corner of Lot 1 and Lot 13 of said subdivision, from where a 318" iron rod found bears S 4°W-2.3feet; I hence N 4d` 12' 4b" VV — J3,51 feet, along the common line of said Lots 1 and 13, to a 112" Iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the most westerly corner of this described parcel, from where a 318" iron rod found marking the north common corner of said lots hears N 48' 12' 45" VV— 310.1 feet; Thence N 41' 49' 24" E — 500.98 feet, through Lot 1, to a 112" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for and angle point; Thence N 3° 10' 30" W — 14,20 feet, to a 1121' iron rod with an orange plastic cap stamped "JOP ORR BASELINE" set for the most northerly point of this described parcel in the said southwest line of Woodlake Drive; Thence S 48' 18' 00" E -- 44.05 feet, along said right-of-way line of Woodlake Drive, to the Point of Beginning and containing 17,406 sq_ ft. (0.3996 acre) of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (N 54- 11' 8" E). See survey exhibit plat revised March 2025. 1701 Sou[hwasr Parkway, Su W I04, College Station Texas 77M i 9,fl 692.2777 I TmSury F- . Pass'! is XC'!.l tam EXHIBIT A Page 323 of 417 1 L10L3 March 2Q25 5 15 M 46 65 1 M Ft Bearings ❑re Texas State Plane, Central Lail# NAL]63 datum, determined by UPS and checked hatween City of College Station Control monuments no. 134 and no. 13B (N 54'11'1a'E). See separate metes and bounds ? description prepared with this plot.. WeHborn OaksVol. 345, pg• 635 Proposed Right —of —Way Parcel 17.406 Wt. (0.3996 aa.) ----------------------- 77// 7/. Survey Natee: Cltp ur C3 oF7 mull. mi I.j4 beam N 85'05'03' W -4865.5' Irani Point al Beginning (P.a.B.) All existing ukiliiie5 dre not shown- 'nan-tonirwlinq nlnnLrnent found Thp propert fats pf *ell"rn Oaks far th.B ewvv ore based an the plot. dimrnvarle as♦ GentnUtkukf 1EIllunllelelllsAUlllllcurrently and during prtior 9mveye that aprreared to 6e gFrginal qndand19117r❑_d HENRY P MAYO ..... .... Gertificokion: This survey substonkcdly w,l pliee nith the , u,'psnt Tc1.am Society of Professional Surveyors vignu l of Practice requirements for o Cotegory 1A, �JrhanC4rlditior•. Land Titie Survey of the subject tract, 16uvl y E,=1Greens Prairie Road 54 "-73L.oY cnr. So IR Op tl, .W. rµP J.is.ltmq 16• P L7_ S Wo � ip n Imp I I` 3 r fi orri:lnal survey hne-� (a pprPK.) x- C6I.J iF7 .PJwaterlr,. r .ered Wntrrhnl 1r.Cmenl Y01. 275, pg. 153 kWellGam W.S.0 Lot a Ba eline I ��&mt.iBasellneCarp, I Tx3urvF•1063U200 inI s 15 �y, 9te IN. C011ege Slalion, 7X 77NO 9798932777 1 Ba5BllneDCrN.com Existing Easements Hates: Title Commitment GF No. 223352 issued Sept, 22. 2022 from 1,Inivrr1ity Tide �9. w�tj par-finlly retied Lipon for exi Skint' Casement resEaomh- All existing easements rna}r not be shown. Lot 7 C Woodlalce Subdivision Lord Title Suk4 Section One ('revised") vol, 410, p9. 415 Proposed R.O.W. Parcel Lot 1, Wellborn Daks Jesse Bledsoe survey A-71 Revised icel a zrged Hrazos County, I exos RoVf Parcel enlprged. 0 It CV Q) EXHIBIT A EXHIBIT B ^ 9-� � BASELINE S Proposed Right -of -Way Parcel Lot 13, Wellborn Oaks Brazos County, Texas November2023 All of that certain tract or parcel of land lying and being situated in the Jesse Bledsoe survey, abstract no. 71, in Brazos County, Texas, being a variable -width strip of land through the southeast part of Lot 13 of Wellborn Oaks as described by plat recorded in volume 345, {gage 635 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a 518" iron rod found in the southwest line of said Lot 13, at the east comer of Common Area "EE" of Creek Meadows Section 2, Phase 1B, as described by plat recorded in volume 9583, page 148 of the Official Public Records of Brazos County, Texas, from where City of College Station control monument no. 134 bears N 74° 41' 23' W — 4340.0 feet, Thence 3 49' 53' 31 ° E -- 6.19 feet, along the said southwest line of Lot 13, to a 112" Iron rod found bent marking the most westerly corner of that 0.1948 acre easement tract described in volume 2690, page 174 and assumed to be the subject tract of the Notice of Lis Pendens recorded in volume 2469, page 139 of the Official Public Records of Brazos County, Texas, located 17.7 feet northwest of the original south corner of Lot 13 and said Wellborn Oaks; Thence N 41 ° 48' 27" E — 486.00 feet, through Lot 13 along the northwest line of said 0.1948 acre easement tract, to a point in the common line of Lot 13 and Lot 1 of Wellborn Oaks located 17.9 feet northwest of the south common corner of said Lots in the northwest line of Greens Prairie Road; Thence N 48' 12' 45" W — 6.06 feet, along the said common line of Lots 13 and 1, to a 112" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the most northerly comer of this described parcel tract, from where a 3/8" iron rod found marking the north common corner of said lots bears N 48' 12' 45" W — 320.1 feet; Thence S 41' 49' 24" W — 466.18 feet, through said Lot 13, to the Point of Beginning and containing 2,976 sq. ft. (0.0683 acre) of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (N 54- 11' 8" E). See survey exhibit plat dated November 2023. Proposed R O.w Parcel Lot 13, wellborn Oaks Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979.693.2777 I TxSuw F-10030200 I Saseline$urveyors net EXHIBIT B Page 325 of 417 T W Certification' 1 O tq 1 ` This survey substantially complies � @ I with the current Texas Society of Nov. 2023 _ car X, Professional Surveyors Manual of t Practice requirements for a Categary 1A, Urban Condition, , • p I Land Title 5urvey of the subject a a tract. A.... ....... .. U 10 24 4 64 124 Ft HENRY P �MAYO CO Bearings are TexoS 5#4te Plane, Central ..• .�'P .6046 • x w ota Zone NAD63 datum, determined by CPS R$ g;t''oil. Lot 10, I and checked between City of College ##"• ` A� Block 3 o � w �c �; Survey Notes: Station control monuments no. 134 and j <,¢ - 1 no. 138 (N 54'11-IS "E), wa' City of CS GPS coon, me. 134 I n_ R mm 1 bears N 74V41'23' w - 4340.0' _ tenor See separate metes and bounds Wellborn Oaks .4 n U r w fmm Point of Beginning (P.0-9.) descri tlon prepared with this lat. u 3 `Y - Al existing utilities ore not shown. Lot 1 3 v Lot 1 D e 8 U c �m •non -controlling monument found — r [.+ a The property lines of Wellhom G a2 E.°� 3 0aka for #his survey are based J m"v' ` A on the plat dimersYDns os best ` qn v = • 3 fitted to the rnUr'lArTlents found LM _ currently and during prior surveys Proposed Right —of —Way Parcel that appeared to be original and 2,975 sq.ft- (0,06M undisturbbeed. g Common Area "E� �; ,�—,----`—� --�-- i i--------------�� r� I current city imiks woodm II 34 p'ipeline easement P.�.�, woad -rail boandary _ �h /$ a fence vul" 505, p4- 633 {Seminole} $ 41'49'24" W � \•�•x\ 1• \\ \ Cclle a Station - — 41'48 E - 486.D0' — f — ' T — f�48-12 4514 a Lrazas Cattn_ ty_ ^ pipeline easement within �-1945exieting 1fi� utilityEaeement 6-6245 6� , 9 1 •� 'rv" 4a1, 2690, pg. 174 (Serninola) _ _ _ _ 1 vol_345. p 6`35 (ptat� a ` subject {fast of Notice of Lis Pendene baunddry of Lot j13 $Cl we hprn na,t; ±ub�{iv�isian - + F }I5 4- w-2.3" _ _ _ .r_ r--ra�4 Latenr-�+. 4 +w ri?2r15 Pr(]Ire Road 11 voriabw—idth R.O.WS,.n . "d d Ta 9. puhrc approximate Ipcotiprl 4f Wellborn rwtl d.dior.a ,.¢n woewse +,,.rbf�.;� sec;�u_ ou-0 t7o* watefli ne centered in a a - f -��� ..+—• -� -i 2p Waterline Eoaemen 1 r vol, 275, pg. 153 (Wellborn WrS C.)- -original survvoy line (apprc-x J urid •�urrent •�—j w��'� - _ — tity units line I�ai9#ing i6' P"U"E. vol. 410. Pq. -015 {Ptak}+, I ' Lot 10 Lot 9 Existing Easements gates: WoOdloke SubdN Is5 on Lo n d Title Survey _ _ Title Commitment GF No. 223351 Section One ("revised') r7 L I University Title Ca- was parkially c issued Sept. 13, 2022 from vol- 41 pg- 415 Proposed f�.41�} .VY�A� . Parcel relied upon far existing easement Lot 13, Wellborn Oaks research" &0�&M'.R Jesse Bledsoe survey A-71 Baseline I QCCM I TxSury F-100302N All existing easements may not be 1701 SW Ptivy Sle 10-0, College Station TX 77640 Shawn- Brazos County, kfTexas 979.13M.2777 I 6asell ne5urvayos, nei EXHIBIT B O 04 M Q) tT (0 EXHIBIT C BASELINE � 9- TE Proposed 1o' Easement Lot 13. Wellborn Oaks Brazos County, Texas November 2023 All of that certain tract or parcel of land lying and being situated in the Jesse Bledsoe survey, abstract no. 71, in Brazos County, Texas, being a 10 ft. wide strip of land through the southeast part of Lot 13 of Wellbom Oaks as described by plat recorded in volume 345, page 635 of the Deed Records of Brazos County, Texas, contiguous with the northwest line of a proposed right- of-way parcel also surveyed through Lot 13 on this date, and being more particularly described as follows: Commencing at a 518" iron rod found in the southwest line of said Lot 13, at the east comer of Common Area "EE" of Creek Meadows Section 2, Phase 1 B, as described by plat recorded in volume 9583, page 148 of the Official Public Records of Brazos County, Texas, also being the most westerly corner of the said proposed right-of-way parcel, from where a 112" iron rod with a yellow plastic cap stamped °KERB 4502" found at a north corner of the said Common Area bears N 48° 10' 26" W — 53.7 feet, and City of College Station control monument no_ 134 bears N 74` 41' 23" W — 43400 feet; Thence N 41' 49' 24° E —16 00 feet, through said Lot 13 along the northwest line of the proposed right-of-way parcel to its intersection with the northeast boundary of an existing 16 ft. wide utility easement, to the most southerly corner and Point of Beginning of this described easementtract; Thence N 410 49' 24' E — 440.18 feet, through Lot 13 along the northwest line of said proposed right-of-way parcel to its intersection with the southwest boundary of an existing 30 ft. wide utility easement, to the most easterly corner of this described easement tract; Thence IN 48° 12' 45" W — 10.00 feet, along the said existing 30 ft_ wide easement line, to the most northerly corner of this described easement tract; Thence S 41' 49' 24" W — 440.17 feet, through said Lot 13 parallel and 10.00 feet northwest of the northwest line of the said proposed right-of-way parcel, to the most westerly corner of this described easement tract Thence S 48' 10' 26" E — 10.00 feet, to the Point of Beginning and containing 4,402 sq. ft. (0.1010 acre) of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (N 54° 11' 8" E). See survey exhibit plat dated November 2023. Proposed 10' Easement L of 13. Wellborn Oaks Page 1 of 1 1701 Southwest Psrkwsy, Suite 104, C055ge Station, Texas 77840 1 979 693 2777 1 TxSury F-10030200 I BasetineSuneeyors net EXHIBIT C Page 327 of 417 #n o � QD rn CON 3 7- CO EU Lot to Block 3 off1� T L>t Nov. 2023 0 10 20 40 fit? 120 Ft 0-4 0 ---- 4 [ t3aarings are Tacos State Plone, Central Zone NAD&3 dotur-,, du.arrninad by GPS and aheake_ d hr wuun City of Collage Station aontr❑I r-,❑numents no. 134 ❑rd no. 138 (N S4'1''18'E), See separate metes and bounds description prepofed with this plat. Survey Contfol Note: City of C5 CPS mar. ra. 134 bears N 74'41.23K-434:.0• fmm Pn:"+ nF !`nmm.nn. man- (P n COrnrll0� �' � Area "EE", a� I O I � - A , k7v' .rj 1.....................3,. HENRY P MAYO r �A .r'SO4g .... ..'1. Lot 13 —30' pipeYir+e eaeement vol- 505, pg. 033 (Seminde) J J 5 41-49'24" W Existing Easements Notes: Title Commitment GF No. 223351 issued Sept- 13, 2022 from University Title Co, wos pariolly relied upon for existing easement research. All existing easaments moy not be shown. Wellborn Oaks vol. 345, p9• 635 m o Lot OD Proposed 1 0' Easement ` 4,402 sq-k- (0.10OR f7rl* 14 ac.} O } g I U: 0 nv k .rr..wr ■e .www......... � re �wonwo-xw o- awroxwwwrox ,�qq�� s f4 ry p s_�3a-oa' L Cone e 5 nti%n N 41h24" E - 44 .1J8'; P.O.C. = !once e.isking t6 Utility Earseman#` tunren# clty limits 71 - D1rty. i ne eoeerrlOnt wrkhin 0.1948 00. wood -roll 6 k P P Pe W. 2ra94, pg• 174 (Seminole) /J1' vn , 345. pg• 35 (plot} b4Undo� — f I ry � � — �o:,ndary of En- �13 8cl Wullborn OUks s.ibdivision a1y� N a144'24-E—it1,00' P.U.C. to Pao-- - - - - - - - - Proposed R.D.W. Parcel Greens Prairie Road ~R oid.. W. (—Kd: 0 see BapataN sunny - wrlhx-Width R �, `ald. sutdm��sxe.r � ias %�'� e _ram arigin❑I survey line � (apprax.} and current pi limi#g line I _ aaieling 16' P-U,F y approximate laaokivr of WelrhOrn + J — vol. 410, pg. 415 (plat J ` — SUD wa#erllne centared In i 20' Waterline Easement I I voL 275, p9. 153 (well6am w.s.C.)1 f I I Lot 1D Lot 9 I Woodlake Subdivision BASELINEE Certification; Section one ("revised") vol. 410, pg. 415 =CUA4 etsellno I DC10111 I Txsury F-113050700 1 X1 SW Pkwy, Ste. 104. C'nllP.q ' Slallnn, TX ffMb 979.593.377T IBasellne5u veyn�.ncr This survey substantially complies with the current Texas Society of Professional Surveyars Manual of Prarrtice requirements far a Category 1A. Urban Condition, Land Title Survey of the subjeut tract. Proposed 1 0' Easement Lot 13, Wellborn Oaks Jesse Bledsoe survey A-71 Brazos County, Texas EXHIBIT C 0 00 04 M 0) 0) (0 fl EXHIBIT D Proposed 15' Easement Common Area "EF Creek Meadows, Sect. 2, Ph_ 16 College Station, Texas August 2023 BASELINE ivO-b-iYi All of that certain tract or parcel of land lying and being situated in the Samuel Davidson league, abstract no. 13, in College Station, Brazos County, Texas, being a 15 ft. wide curved tract of land within Common Area 'E E" of Greek Meadows, Section 2, Phase 1 B. as described by plat recorded in volume 9583, page 148 of the Official Public Records of Brazos County, Texas, contiguous with the northwest right-of-way boundary of Greens Prairie Road, and being more particularly described as follows: Beginning at the east corner of this described easement tract, at a point in the southeast boundary of said Common Area "EE" and northwest right-of-way boundary (arc) of Greens Prairie Road, located 5 39' 36' 54" W— 76.50 feet (chord) from a 112" iron rod found at the most easterly corner of said Common Area, and from where City of College Station control monument no. 134 bears N 73' 45' 46' W —4309 feet; Thence along the said southeast boundary of said Common Area "EE" and northwest right-of- way boundary of Greens Prairie Road, being a curve to the left (counter -clockwise) with a radius of 1010.00 Feet, through a central angle of 7' 31' 18", the chord of which bears S. 33' 41' 06" W — 132.50 feet, to the south corner of this described easement tract; Thence N 60' 04' 33" VI! — 15.00 feet, through said Common Area "EE', to the west corner of this described easement tract: Thence along a curve to the right (clockwise), with a radius of 1025.00 feet, concentric with the previously described curve, through a central angle of 7° 31' 18', the chord of which bears N 33' 41' 06' E — 134.47 feet, to the north corner of this described easement tract; Thence S 52' 33' 15" E—15.00feet, to the Point of Beginning and containing 2,004 sq. ft. (0.0460 acre) of land more or less_ Hearings are Texas State Plane, Central zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (N 54° 11' 8" E). See survey exhibit plat dated August 2023. 5........�,,,,,,,,; HENRY P MAyo .r.. ............. l�pxe sSO4i oho,. S{JFIi] Proposed E39Crnent Common Aran. "EE", CrcEk Meadov+s, Sect 2, Ph 113 Pi ge 1 of 1 17Q1 $0uthnB5t PorkMrny, Suile 1N. CcM9P Station. rexas77640 1 979 693 2777 1 Ty8xv F-10030200 I BasalwwSumv yarn net EXHIBIT D Page 329 of 417 l i Y Certification: Lot 8 Lot 10 This survey substantially complies Block 3 Lot 9 Block 3 with the current Texas Society of Professional Surveyors Manual of rPractice Block 3 requirements for a Category 1A. Condition, Urban Lond Survey Title of the subject tract. — o Creek Meadows _ -- wellbom Oaks I Section 2, Phase 1 B -. _ - y ,a P.t E vol. 345, pg. 635 vol. 9583, pg. 148 Vol, 9583. 9 . ,n8 cp�exlsttne 1a PU.F. Lot 13 (plat) _ -- 3 to 3583. p9�146 — O CXinlLny 15' wate'r easamcrlt 1 r _ — Vol. 3645. p9 276 (WSUD) C k exist-1ng 15 DUE, 111 6 z I 1t3 -T ' o Common Area "EE" uv 4503. P11 1 d0 (t+l4t) .ra — — — — — — — .. ... _ _ _ I & Private Drainage Easement— Hi=NRY.P MAYO.r. N ?3'B!•06*E10p0 r 'rt��5 515.00�5"E f .`........ 4 v: ,a 5Q46 P� Q�f:Sa;�tt: Ct,.x R 7'31 r r pLE. -- D- � � ti. sung t a5 (P�t) _v,. '358.. 9 j 9razos Cour•ty _ _ _ L _ - S ` I COIIEQC Station VQ� _ .. _— S9_3654,W_76.56 P.4 8- ......Wow - '' Sv _ 1R to A+— P.O.B. r N 60'04'33"W R� 1010.9 A� 7-31' 55 41 of,--W_132, 33' ry4L baind�of Wellbcr^ — ' 1 5.QQ� [-,h.� S Survey Notes: o �ak�. �u6rJ.vl riot Proposed 15' Easement) City of CS CPS mon. no. 134 0 bean N 7 W - +309.0' dlo a ex,yC.+'a py. 2,004 sq.ft_ (0.0460 oc.) of Be` e r From Point of f3eglnning (P_O.B.) x j� Racd w �r4,rte Zoe ; Aug. 2023 1243, P9 GW original survey Ime (oPproa_) V'A Cuetenl �r my limits tine ` 0 10 20 34 40 so Ft I Existing Easements Notes: - - Title Commitment GF No. 2304611CS Bearings ore Texas State Plane. Central issued Aug. 22. 2023 from University - Zone NAD83 datum, determined by G195 Title Co. was partially relied upon for - and checked between City of College existing Station control monuments no. 134 easement research. Lot 1 Q and no. 138 (N 54'11'18"E). All existing easements may Common Area "VV" _ . —_ -�I Woodlake Subdivision not be shown. See separate metes and bounds t i P P.U.E.d1 Private I 58CiiOn One ("revised") description prepared with this plot. -- Drainage Easement vol. 410, pg. 415 OV 1 Creek Meadows Lo Section 7, Phase Two vol. 13225, pg. 187 o � Proposed 15 Easement BSELIIVE 0 Lot to Common Area "EE" ���.'.' 1 Black Creels Meadows, Sect. 2, Ph. 18 Basellna l DCCM I TxSuryF-7170311200 1701 SW Pkwy, Sle 104, College Station. TM 77&1D College Station, Texas 979_693.2T77 I BasellneSuryeyomnat EXHIBIT D 0 0 C0 CO N (0 d EXHIBIT E Proposed Right -of -Way Parcel Lot 6, Woodlake Section One Brazos County, Texas July 2023, rev. Feb. 2024 BASELINEr—r—a• AI of that certain tract or parcel of land lying and being situated in the Jesse Bledsoe survey, abstract no. 71, in Brazos County, Texas, being a variable -width strip of land across the northwest end of Lot 6 of Woodlake Subdivision, Section One, as described by plat recorded in volume 410, page 415 of the Deed Records of Brazos County, Texas, and being more particularly described as follows-. Beginning at the north common corner of Lot 6 and Lot 5 of said Woodlake Subdivision in the southeast right-of-way line of Greens Prairie Road, being the north corner of this described tract, from where a 1/2" iron rod found with a yellow plastic cap stamped "KERR 4502' bears S 49' W —1.0 feet, and City of College Station control monument no. 134 bears N 87' 03' 28" W — 5097.2 feet; Thence S 41 ° 59' 24" W — 184.35 feet, along the northwest line of said Lot 6 and said southeast line of Greens Prairie Road, to the point of beginning of a tangent curve to the left with a radius of 2 0. 00 feet; Thence along the curve through a central angle of 90' 14' 44", the chord of which bears S 3° 07' 59" E — 28.34 feet, to the end of said curve in the southwest line of said Lot 6 and northeast right- of-way line of Woodlake Drive, from where a 1/2" iron rod found at a point of curvature in the southwest right-of-way line of said street bears S 42' 23' 36" W — 60.0 feet; Thence S 48' 15' 20" E —10.00 feet, along the said southwest line of Lot 6 and northeast line of Woodlake Drive, to a 112" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the most southerly corner of this described tract; Thence N 36' 22' 40" E — 205-38 feet, through said Lot 6, to a 1f2" iron rod with an orange plastic cap stamped 'JOE ORR BASELINE" set for the east corner of this described tract; Thence N 48' 29' 31" W —10.00 feet, along the common line of said Lots 6 and 5, to the Point of Beginning and containing 4,011 sq. ft. {0.0921 acre} of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (NW11'8"E). See survey exhibit plat revised February 2024. Proposed R.O.W Parcel Lot 6, Woodlake Section One HENRY p MAYO :� Sd48 v:' •. S it RV Page 1 of 1 1701 Southwest Parkway, Suite 104, College Station, Texas 77840 1 979.693 2777 I TxSLlnl F-10030200 I BaselineSurveyors net EXHIBIT E Page 331 of 417 W a$ — Lertlticatlon: — — — ` --- 1 Sweetwater Forest, Existing Easements Notes: qa o e ❑ 1 + This survey substantially complies the Texas Society phase 1 rtic Commitment GF Na. 223361 issued ; nzs Q with current of Professional Surveyors Manual vol. 2�%, pg. 25� Sept. 12, 2022 from University Title Co. was of cited upon for existing easement research. � ° �, Practice requirements fora Lot 1 J Private utility, ❑roinage and "Bridle Path" C Category 1A, Urban Condition, easements reserved it the CarrrWoo " i � * z Cis Land Title Survey of the subject Y J tract. multiple easements in this area are riot shaven Reservations and Restrictions of Woadloke Su bdlvlslan Sectlon One recorded In A a6E ti 1 � .. C• 5 m original survey Ilneg (opprox.) A ❑= 90-14'44" f Ch.= 28.34' S 3-07'59"E t 5 4 '23'39 k-64.0' S 48-15'20"E 1QQI]' 0 CV M M Q) [T c� 4 GRv� 401, 411, pg. 868, are not shoos, 1 All existing easements may not be shown - College Station UJ s C_ Bro7oounty =current city limits I-- boundary Robert Stevenson league A-54 m LLJ A. T"' _ Jesse Bledsoe survey A-7t �w Greeds Prairie Road r variable —Width, partially prescriptive R.O.W. ds t lots and poftiolly dedicated with a tacop sy "— Wellbam SUO waterline(e) area r /LL in this may be cnwared by 20' easement in YU. 275• pg. 153 (Wellborn W.S.C.) s_ 41.59'24" W - N 8'29'31"W vvl. isting6'4P5U.E. per �b S4.10, t. 1(prvey Notea24 \City of CS CPS mon, no. 134 c bears N Q7'p3'— w — 50g7.2' IIIa �-qg 1Proposed Right —of —Way Porcel tram Point of Beginning (P.a-B,) 4,011 9q.R. (10.0921 at.) existing 16' P.U.E. 6 o I vol. 410, pg. 415 (plot) oo— i d _ •.s...�".RY P MAYO. 1 v? fir. 9 E Ar`I�fIE ` �l LR� �rtT� 9asellne i 6CGM i TxSury FJ10030260 1701 sou P- vy, Ste 104. college S',a11nn -k 77:,ALl Revised Feb. 2024: 979.693,p77T I 6eseli�e5.i �Y i ROW (Parcel enlarged. Lot 6 July 2023 rev. Feb. 2024 0 10 20 30 40 80 Ft Bearings are Texas State Plane, Central Zone HAC83 daturn, determined by CPS and checked between City of College Station control monuments no- 134 and no. 138 (N 54711'18"E). See separate metes and bounds description prepared with this plat. All existing utilities are not shown, •non —controlling monurnent found The property lines of woadlake 5u1d. far this surrey are based on the plot dimensions as best fitted to the monuments found currently and during prior surveys Woodlake Subdivision that oppeared to be original and undisturbed. Section One ("revised") Lot 5 vol_ 41 O, pg. 415 1 Land Title Survey Proposed Right —of —Way Parcel Lot 6, Woodlake Section One Jesse Bledsoe survey A-71 Brazos County, Texas EXHIBIT F Proposed Right -of -Way Parcel Lot 7, Woodlake Section One Brazos County, Texas May 2023, rev. Feb. 2024 BASELINE I All of that certain tract or parcel of land lying and being situated in the Jesse Bledsoe survey, abstract no. 71, in BrazosCounty, Texas, being a variable -width strip of land across the northwest end of Lot 7 of Woodlake Subdivision, Section One, as described by plat recorded in volume 410, page 416 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the north common corner of Lot 7 and Lot 8 of said Woodlake Subdivision in the southeast right-of-way line of Greens Prairie Road, being the west corner of this described tract, for where at a 112" iron rod found bears S 41 ° 39' 51" W -- 495.5 feet, a 112" iron rod found (bent) at the west comer of Lot 10 bears S 41 ° 46' 24" W — 742.9 feet, and City of College Station control monument no. 134 bears N 82' 13' 59" W—4788,8 feet, - Thence N 41 ° 40' 24" E — 233.30 feet, along the northwest line of said Lot 7 and said southeast line of Greens Prairie Road, to the point of beginning of a tangent curve to the right with a radius of 24.00 feet; Thence along the curve through a central angle of 90' 04' 16', the chord of which bears N 86' 42' 32' E — 28.30 feet, to a 112" iron rod found at the end of said curve in the northeast line of said Lot 7 and southeast right-of-way line of Woodlake Drive, - Thence S 48' 15' 20" E —10.00 feet, along the said northeast line of Lot 7 and southwest line of Woodlake Drive, to a 112" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the most easterly corner of this described tract, from where a 518" iron rod found bears S 48' 12' 34" E — 323.0 feet; Thence S 46' 11' 38" W— 254.08 feet, through said Lot 7, to a 112" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the most southerly corner of this described tract in the common line of said Lots 7 and 8, from where a 112" iron rod found bears S 48` 20' 29" E — 343.8 feet; Thence N 48' 19' 36" W — 10-00 feet, along the common line of said Lots 7 and 8, to the Paint of Beginning and containing 4,983 sq. ft. (0,1144 acre) of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no_ 134 and no. 138 (N 54° 11' 8" E), See survey exhibit plat revised February 2024. PrppQ$ed R Q W_ Paroel Lot 7. Woodlake Section One HENRY P MAY() P p...........................5045 ;' A 0 sstd. Page 1 of 1 1701 Southwest Parkway, Suite 104, GuRege Station, Texas 77840 1 979.693.2777 1 TxSuryF-1 W30200 I easelineSurveyors net EXHIBIT F Page 333 of 417 H l� W Existing Easements Notes: 4a :E a) Title Cammitment GF Na. 22336D iss,led I $ k 0 0 dune 7, 2023 from University Title -o. waS Wellborn Oaks �� ° N relied upon for existing easemert reseoreh- vol_ 34-5, Pg. 635 Lot 1 y 1 Private Utility, Drainage and "Lucile Doth" r �1J1 ° 9aSern@n#S reserved in the C4rreC[i4n — — — — — — — — — — — — — —CD -Reservations and Restrictions of Woodlake Subdivision. Section One recorded in e T T a f 70 1 3p' pipelineasement o a Q Q 4 vol. 411, pg. 868, are not shown, vol- 510, pg- 455 , roe �r� m All existing easements may not be shown. [Seminole} } = — 6011ege�Stotian _ �L-- ... current ti li its ,ter r exief'n+ 1g original survey .. �. houndary�9 �. N. °S�t } Ines (opproar,) - - Robeft Steve on league A-5 x Jesse Bledsoe x' Greens Prairie Road �� 9u"°y "-" ° 2 vari4ble-width R-0•W- {considered la be public T9 read dedicated with Wpodlokb Subdivision Section One} o �go-g xwaterf n$ �ehCae11n li 20' waterne Easement vol, 275. pg. 153 {Wellborn W.S.G.) .�, — _,+_mow 5 +143'241V-742-9' P.O-B- to 1/2"IR _k_ w —w— --' w—�- found (b"t) & 5 41'39'51"W-4 5.5' N 41'40'24" E - 233.3D' ❑= 90'04'16' p_0.6. to 1 f 2'IR found' _ - - RO .= 8. 0 ' N 48' 19'38"tN f��Gf N 86-42'32"E 6� f 10,00' �� I — J � 1%2'R i9lJnd existing 16' P,U.F_ 5 46-11'38' W S 48-15'20'E val. 41a, Pg• 415 (plat) y 254.4U' ' J$rtifia#ion' -- -4 10-Od' �o This survey substontiolly complies Proposed Right —of —Way P4rcel till 4§. w { .r3 with the eurrent Texas Society of 4,9133 sq,ft, (0,1144 cc.) Lot zm Professional Surveyors Manual of ao + p CL ii L Practice requirements `or a Survey Notes: c 9 existing 16" P.U.E.'t — Cotegory 1A, Urban Ccndition, r9 rY val. 410. p4, 415 (pLvt} IIY Q City of CS f,PS man- no. 134 ';}, Land Title Survey of the subject Lot 7 1 o r` ¢� beers N 82'13'5Rw W - 4788.9' a E. p , from Point of Beginning (P,O.B.) .o Al l existing utilities are not shown. I o ran-ern-rlimonument found IVOOC�lC1lG8 Subdivision m The prop-y linras of Woodloke � SectIDn One ("revised") SUM. for this sirvey are based �. ❑n :hc Fli-, dimcnzons os beat i,val. 410, pg. 415 VAttet: -Fe monuments found ..•L v sy#` rev. Feb. 2024 urrrr¢ly urd during prior surveys i IYV'r�� that ❑ppeamd to be original and urdisurbad. ..Y+..........••, 4. 4 �0 2. . 40 $Q Ft Land Title Survey ELI�S�Qr� t3earin s are Texas State Plane, Central Proposed Right •........ —of—Way Parcel � 1j Zone NAD83 datum, determined by GPS 1�1 I, Section �1 and checked between City of College Lot YY I Yid J l I r� LJ Station control monuments no- 1.34 7 ne L1l146= `ff7H and no. 138 (N 54'11'18"E), Jesse 71 aasol lne l occrm I Txsurl F4C11302oo Revised Feb. 2024: Bledsoe survey +— 17Ot 5Yf Ptv.y, SIP Ina, CoIIegP Slatlon,TxTgd(j ROW Parcel enlarged. See separate metes and bounds 9T9.693.2777 1 5a5e4i9e5rveyors." description prepared with this plat. Brazos County, Texas EXHIBIT G Proposed Right -of -Way Parcel Lot 8, Woodlake Section One Brazos County, Texas May 2023 BASELINE ��� :s All of that certain tract or parcel of Land lying and being situated in the Jesse Bledsoe survey, abstract no. 71, in Brazos County, Texas, being a 10 ft. wide strip of land across the northwest end of Lot 8 of Woodlake Subdivision, Section One, as described by plat recorded in volume410. page 415 of the Deed Records of Brazos County, Texas, and being more particularly described as follows - Beginning at the north common corner of Lot 8 and Lot 9 of said Woodlake Subdivision in the southeast right-of-way line of Greens Prairie Road, being the west corner of this described tract, for where at a 1/2" iron rod found bears 5 41 ° 39' 16" W —24$.1 feet, a V2" iron rod found (bent) at the west corner of Lot 10 bears S 41' 40' 24' 1N— 493.5 feet, and City of College Station control monument no_ 134 bears N 79` 41' 03" W — 4654.3 feet; Thence N 41° 40' 24" E — 249.39 feet, along the northwest fine of said Lot 8 and said southeast line of Greens Prairie Road_ to the north common corner of Lot 7 and Lot 8 of said subdivision; Thence S 48' 19' 36" E — 10.00 feet, along the common line of said Lots 7 and 8, to a 112'' iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the east corner of this described tract, from where a 112" iron rod found bears S 48' 20' 29" E — 3418 feet, Thence S 41 ° 40' 24' W — 249.39 feet, through said Lot 8 parallel and 10.00 feet southeast of its northwest line, to a 1/2" iron rod with an orange plastic cap stamped "JOE ORR BASELINE' set for the south corner of this described tract; Thence N 48' 19' 36" VV — 10.00 feet, along the common line of said Lots 8 and 9, to the Point of Beginning and containing 2,494 sq. ft. (0.0573 acre) of land more or less. Bearings are Texas State Plane, Central Zone NAD83 datum, determined by GPS and checked between City of College Station control monuments no. 134 and no. 138 (N 54° 11' 8" E). See survey exhibit plat dated May 2023. Pro paced R O UV. Parcel Lot U. Woodlake 5ection One F NRY P NWYO :e 5045 r Page 1 of 1 1701 southwest Parkway; Suite 104. College Stat10n, Texas 77840 1 979.693 2777 1 Tx5uru F-10030200 I Baseline8urveyors net EXHIBIT G Page 335 of 417 Existing Easements Notes, Title Commitment OF No. 223359 issued Wellborn flaky June 7, 2023 from University Title Co. was Lot 13 vol. 345, pg. 635 Lot 1 relied upon for existing easement research. "Bridle I Prvate Utility, Droinage and Path" easements reserved in the Correction Reservations and Restrictions of Woodlake J ` — ' — — , — — — — — — — —Subdivision, Section One retarded in Vol- 411, pg. 868, are not shown- The guy wire easement to the City of pipeline easement Vol. 510, Pg. 455 Bryon granted in Vol. 447, pg. 248 is at (Seminole) the southeast edge of Lot 8, beyond the boundary of this survey exhibit — � _ College Station — J _ _ _ J " Eva 209-Tou my — plcmm- � All existing easements may not besh�+.r. - city_ limits 71 aun cry a lstl 16' _ �, pad-- latj 4eL � ` I Greens Prairie Road % I 7 r Aa Vpr oEyle—widkh R-O,W (considered to be Public road dedicated with waodlake Subdlvlgion Section One) bm �-^ r P:1) 5141'4'V'24W-493.5' P.D.B. to 1/2"IR rh found �13entj & 5 4t'39'l6iY-248-1 �./ I I .❑-B. to 1�IRr f �undp_a-- F ++ - 4 N 48' 19' 36 "Sk �� 10.04'i W Lot 9 Survey Notes: City of CS GPS man. no. 154 bears N 79'41'03- W - 4654.3' From Point of Beginning (P.a.B.) Al existing utilities are not shown. •non-cantrolling monument found The property lires of Woodlgke Subd. for :his survey are based on the plot dimensions a5 best fitted :o the morurnents found Curren ly and during prior a.irveyu that uppeared to be original and undiaturhed. BASSEL T NE bppr xoxo -mote Iacati,)n or: 1Nellhorn f $LID waterline ;;er`.e!red in J/{r 2¢ wokenine Easa�r'ent r ,} va1 -w275, pg. 153 (WeEu,n W.}.C- --N 41',W94` E — 249,39' } f 5 41 .00' E 5 41-40'24" W — 249.39' � — � _ ``� � 10.D0_ T 4 ? f vi Vol, 414, pg. 415 (plat) + � Proposed 10' Right —of —Way Parcel f Certification: 2,494 aq.ft. (0.0575 or.) I o INS This survey substantially complies 1' ALot with the turrerf Texos Society of v Professional Surveyors Manual of Practice requirements for a Lot 8 ;L Category 1A, Urban Condition, m Land Title Survey of the subject tract. b�sel Irie l 6C;C:IA l TxSuru Fr1l1Ud0266 1701 S' .' Pcuy• Sle. 104 f:nllege Slallon. Tx 77Pd0 979.693,277'T 6aselineS.���eyars.net May 2023 0 10 20 30 40 80 Ft learings are Texas State Plane, Central done NAD83 datum, determined by GAS ind checked between Ci.y o= College Station control monuments no. .34 and no. 138 (N 54711'18"E,. See separate metes and bounds description prepared with this plat. Woodlake Subdivision Section One ("revised°) Vol. 410, pg. 415 l Land Title Survey Proposed Right—of—Wcy Parce Lot 8, Woodlake Section One Jesse Bledsoe survey A-71 Brazos County, Texas EXHIBIT G Greens Prairie Road Widening Project Proposed Condemnation Parcels POST OAK 6FND S-,EVENS CREEK COURT CREEK MEADOWS CCFAR A"%%cRFF KA11�NUF RI 5�1 FREW CONOLE N �F r Condemnation Parcels , 0 50 100 200 300 400 ll Page 33 *of417 October 23, 2025 Item No. 9.3. Victoria Avenue Roundabout and Sidewalk Project Condemnation Resolution Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution of the City Council of the City of College Station, Texas, determining that fee simple interests and right of way interests are needed and needs to be acquired from the landowners, for the Victoria Avenue Roundabout and Sidewalk project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Relationship to Strategic Goals: Recommendation(s): Summary: The project will install a single lane roundabout at Creek Meadows Blvd and Victoria Ave. The work will include some drainage work and Welborn SUD waterline relocation. The project will also install a shared use path from Creek Meadows Blvd, along Victoria Ave, to Woodlake Drive. Budget & Financial Summary: There are four tracts that will need to be condemned as part of the attached resolution. The Van Noord ROW tract was appraised at $9,660 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value and damages for the right of way. The Ling ROW tract was appraised at $9,557 by S.T. Lovett & Associates. The City and the landowner have not been able to settle upon the cash fair market value and damages for the right of way. The Creek Meadows Partners tracts are two Right of Way areas associated with an adjacent residential development that are necessary for the roundabout. The City and the landowner have not been able to settle upon the cash fair market value and damages for the right of way. A budget of $4,300,000 is available in the Street Capital Improvement Projects Fund. A total of $601,991 has been expended or encumbered to date, leaving a balance of $3,698,009 for this item and future expenses. Attachments: 1. Resolution Eminent Domain Victoria Roundabout w Exhibits 2. Victoria Project Map Page 338 of 417 RESOLUTION NO. XX-XX-XX-X.X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING THAT THE INTERESTS LISTED BELOW NEED TO BE ACQUIRED FOR THE RIGHT-OF-WAY CONSTRUCTION, OPERATION, AND MAINTENANCE OF VICTORIA AVENUE ROUNDABOUT AND SIDEWALK, THE "PROJECT", AND AUTHORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of College Station now finds and determines that public convenience and necessity requires the City of College Station to acquire: 1. A fee simple interest in a tract of land totaling approximately 0.137 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of the Victoria Avenue Roundabout and Sidewalk Project. A more specific description of said right-of-way parcel is attached as "Exhibit A"; and 2. A fee simple interest in a tract of land totaling approximately 0.138 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of the Victoria Avenue Roundabout and Sidewalk Project. A more specific description of said right-of-way is attached as "Exhibit B"; and 3. A fee simple interest in a tract of land totaling approximately 0.107 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of the Victoria Avenue Roundabout and Sidewalk Project. A more specific description of said right-of-way is attached as "Exhibit C"; and 4. A fee simple interest in a tract of land totaling approximately 0.049 acre for the public purpose of the Right -of -Way construction, operation, and maintenance of the Victoria Avenue Roundabout and Sidewalk Project. A more specific description of said right-of-way is attached as "Exhibit D"; and Page 339 of 417 Resolution No. xx-xx-xx-x.x Page 2 of 17 Victoria Avenue Roundabout and Sidewalk Project WHEREAS, All tracts are collectively described as the "Land"; and WHEREAS, the City of College Station, through its duly authorized representatives, have negotiated with the owners of the Land for the purchase of the Land for the purposes stated herein and are unable to agree with such owners as to the fair market value and damages of the land, if any, to obtain the necessary property rights required by the City of College Station for the Project; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. The facts and recitals set forth in the preamble of this resolution are found to be true and correct. Section 2. The City Council of the City of College Station authorizes the City Attorney, or his designee, in compliance with Chapter 21 of the Texas Property Code, to send Initial and Final Offer Letters to the owners of the Land. Section 3. The City Council finds and determines that a public use and necessity exists for the City of College Station to construct, operate, and maintain the Project and to acquire the necessary property rights in the Land as allowed by law, together with all necessary appurtenances, additions and improvements on, over, under, and through those certain lots, tracts or parcels of land. Section 4. Should the Initial and Final offers be rejected by the owners of the Land, the City Council finds that the only way for the City of College Station to acquire the necessary interests in the Land is through the filing of eminent domain proceedings and the City Council hereby authorizes the City Attorney, or his designee, to bring eminent domain Page 340 of 417 Resolution No. xx-xx-xx-x.x Victoria Avenue Roundabout and Sidewalk Project Page 3 of 17 proceedings on behalf of the City of College Station under applicable provisions of law, whether provided by §251.001 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, or by any other provision of law or as amended, against the owner or owners of the Land. PASSED, APPROVED, AND RESOLVED this day of , 202_ Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 341 of 417 EXHIBIT A City of College Station Edward ,I_ Ling Flight -of --way Parcel STATE OF T EKA5 COUNTY OF BRAZOS § Jesse Bledsoe Survey Abstract No. 71 A METES AND BOUNDS description of a certain 0.137 acre (5,969 square feet) out of the Jesse Bledsoe Survey, Abstract No. 71, Brazos County, Texas, being a portion of a Lot 7, of Wellborn Oaks Subdivision, recorded in Volume 345, Page 635 of the peed Records of Brazos County, Texas (DRBC), conveyed by Warranty Deed with Vendor's Lien to Edward J. Ling, recorded in Volume 9580, Page 80 of the Official Public Records of Brazos County (OPRBC), Bald 0.1.37 acre tract being more particularly described as fgllows with all bearings being based an the Texas Coordinate System of 1983, Central Zone, 4203; BEGINNING at a found bent 1/2-inch iron rod marking the west comer of said Lot 7, wellborn Oaks, also being the north corner of Lot 8, Wellborn Oaks and lying in the southeast right-of-way line of Victoria Avenue (variable width right-of-way), from which College Station GPS Base No.134 bears: South 89`25'0T West, 2643.67 feet; THENCE along the northwest line of said Lot 7 and the southeast right -of way line of Victoria Avenue the fallowing three (3) courses and distances: J. North42'35'49" East, 181.60 feetto a found 1/24nch iron rod (with cap stamped "HERR"); 2. North 44"25'49" East, 258.80 feet to a set 518-inch iron rod (with cap stamped "Qulddlw); 3. North'54"08'49" East, 35.96 feet to a set 5/8-inch iron rod (with cap stamped "QOddlW); THENCE over and across said Lot 7, the following three (3) courses and distances: 1. South 39`4045" West 1.9.84 feet to a set 5/8-Inch iron rod (with cap stamped 'Quiddity"); 2. South 42°44'22" West,148.41 feet to a set 5/84nch iron rod (with cap stamped "quiddity); 3. South 42'50'43" ,West, 303.47 feet to a set 5/8-inch iron rod (with cap stamped "Quiddity"), lying in the common line of said Lot 7 and said Lot 8; THENCE North 61°49'09" West, 15.29 feet along said common line to the POINT OF BEGINNING, CONTAINING 0.137 acre, 5,968 square feet of land In Brazos County, Texas, as shown on Drawing No. 19970 filed in the office of Quiddity, in College Station, Texas. IWO M11 I M W1 Page 342 of 417 M. .�. ..� •"r `4sar• -- .,�r.'.,� - -fir}.r:� r �.`&WA ^P,J�,Fi{RiiGiNT-}" +YyT�S T ''* y����y7�„Y,Y•!'}''•`!X •�' 7•cFf-'•hr`. -A�yO _._ �C.ARd ti"7,-� ,'�S_1i'�.'�'+.`�61�.�i.'�: Beef 1124;ab Aran Rod i/2 vrclr bm Rdd n Lot 7 N 4r3649" E I B1.60' _ grERrP' —N 4CM42" E 25a:, Fr 5 42.5O'+43" W 303.47' >-KL a..s PA A.W ----- -- - --- ' '.. —,-- l3 . ' ii77 ���1Y�+ � #�2'#4?2" w 1�,47 i iL SfJBJE 1 i i l�L1L+ i ti' ki vahrme 958 �' NORPy +` 14(2 cvn G9oaFs stta , ,SCALE.- I" - 46' t flR9C k Row PARCEL ,} ADJUNER OF 10AFITIM WIRE P?10E a 40 QO LOT 7, WLLBORN OARS � � 1 eoUNDARY ' '----------------- EASEMENTSSVBDIMIO 1 ' LEC�n BEIACRE N/{a �} DR13C DEED RECOR05 OF 6RF2os CWNTY � 0.137 A RE OPRDC CMCIAL PUEILIC RDMRD6 OF RRA20S COUNTY Q:NJ" SQUARE FEET PDd PT Of 9EIANNINO wm WATER MEIER>r4T OUT OF THE O SET 5/4NCH IRON (ROD PATH CAP STAMPED JESSE BLEDSOE SURVEY, A-71 IUNlElf�kWiING 57ANCE .4L1I6CITY) UNLESS OTHERYdSE NOTM BRAZOS COUNTY TE.W L1 N waa i9 S,Ab F S w4c W 1 , + FEBRUARY 2025 N 61'49ASPHALT SRETOR NaT>v L7\-, QUIDDITY f}pn PC® La Wu- a'& I... K. 13+ •: ' �- • 5 Baarx Saufh SQ�.SOCr %'ooL xW5.87 fast _ f - - CGi1diE'iE Teas 600rd vlProtsssla.ol En�eus aid IaRA�N^,s5'��s R� NO,1P786vCo - ' • i Twa; Hawd of R-F..;19ni1 Et�� !I.FS and Loin �r,�tyan Ma F•3325G r 0f 2 ,,� � "�y �•S WZ Rock Party Road, SU.t.2 •CalMga Stallan, 7K 7}B+FS•9T9.731.800a 2 NMIW SM&L-N M P-W IMIOIXFAW V 4M VMW FW M WM +VWU MW i JMVJ L+# KAtMV Urn 0 40"m UW 1Am.q I•• db, .Z Mean J�,� Alh -C 0 M M Q) (0 0 M a) c� )i'LF COMM1IMENT NOTE5: Reference Commitment for Ttle Insurance issued by Toxan Tftic Insurance Company, ccunkcrsipned by 5cUth Lund Tilde. LLC, OF' No, SC241322i, hawing an effective data of May 24, Mall, and an Issue dote of May 29. 2024. No further ee;earch for eagemen#9 or eneumhrcrim was performed by Oulddlty. h. Egaemcnts and bulldlhy Rncs as shiam Of rsGx'E on plink of Wellborn 0akn, rdc=Mea 1R Volume 3445, Page 635 of the Cued Records of Brazos County, Texoe and In restrlations. recorided % Volume 3119, page S8, Volume MO. page 813, Creed R000rda, of 9roxaa County, Texas, Yoluma 2550. Pogo 111, Dfficlol Racarda o'f Brame Counts Evoemonto vnd budding linoo du affect Oic outajeot tract. Caaemema are eho+rn ilerecm. t. Eaeament from ki-nob E. FrTwrsvn to- 1AWIbom Water Supply Corporation, dotsd 8ecember 3, 1969, recorded In Volume 275. paga 183. Deed Records of Brozos County, Texas. This easement does affect the subject tract as a blanket eoeement, being 20' w'.de with the center being the pipeline as Installed. Ecacmant from Lcnton 4. Rovfand to Clty of Bryon, dotod July 6, 1962, rorw%ded In Volurne 527, page 24h, Deed Raoarde of Proms County, Texas- Thle 59aLmant done affect the aulsject tract oe a blanket easment of unknown width. 10 . i(Xfj. 14Kk). 1001 INM). 10(0. 10(o). IK(p). 10(9). 10(r), 10(aj, 1C(t). 10(u). 10M), 14{++1. 10(w), 10(o. 10(x), 1U(CM), 10(bb), These Rwms mwnllan oil, gal and mineral Isawws and rnlnwral and/or rxfyalty raservatiane. hfinorgl and/or royalty r4earw#lone and oll, gve, end ralnercr Iev2cm arit mil: dla the vicepe cf Rarvloos and thomfore thc3e ftcme were not rcriowcd (Sac General Note 3). GENERAL NCT€S• 1. 6earfngs shown hereon are booed on the Texas Coordinate System of 1983, Contra[ Zone (420.3). 2. n separate legal description of equal cote was wrEten In aonjunatlon with this survey. 3_ Tale ina"y dove not protida a deLerminatlen eencerning wetla,de, fault Knee, taxlc ,make or any other environmental iaemes. 5Lrch mittere should be directed by the client er proEpnctive purahawer to an expert caneuf tin I. 4. According to Nap No. 43041C0325P of thi3 Federal Emergency Management Agencjs Flood Insurance Rate Maps for 9roaaa County, datcd Way 16, M2, the aubJcct tract Is sTtugtcd within: Unuhadcd Zone 7; daflncd va crass de!—ined to ba awtpid. V1. or $cod plgin. ThIR Flood statement does noL Lmply that the property or structures thereon will be free from fbaading or 8aad damage. On rune occaalona flovda can and will occur u nd flood holgghta may be lncreused by man—made or notural —&— This iload sE.I—nl 4hali hat creole li.MRi an the par! of {ham ur,n -- 5, The ouY"yi;r hall Rot deeh PP06Med SwiUh "hotruction olcm mo-Ins the Iotatlon or undoNrouna utllitlse. Underground u0ttlee may eei¢t which are net Shown here0n- 5, vislbrw ImpruuwTmn#s waFr Iacated vitm ltyr* xnrwey., fln miheurface probing. aveavatlon or explarotlon was performed for thls surrey. rmproxements may exist which arc not shmm horoon. Subject to the GmErd Notes dorm: To: Cfly of Cariege St,atlon, Tcrosn TlUa Insurance Company do South Land 11tle, LLC Wo, gulddity, acting by a,,d through Chaskopher E G rtle, a Reglcterxrd PrvfwwgWnal Land Surmyvr, hereby cmllry thl€ aurv¢y sub2Lun14u1ly compllee with the current T*xaa Soclety of Profaeelonal Surveyor's Staridords and Spoclficoffoas for o Catogary 1A, Landltron a Land Title SLrvey. 5irveyed April 9r 2024 2/26125 IJotcd: Christopher E. Curtis Raglalcred P.vfesslonol Land SLrvayar Na. Silt ,;wrti39qu iddtty:com ROW PARCEL OF LOT 7, WELLBORN OAKS SUBDIVISION ID-ErNG 0.137 ACRE 5" SQUARE FEET OUT OF THE JESSE BLEDSOE SURVEY, A-71 BRATAS COUNTY, TEXAS FEBRUARY 2025 QUIDDITY 11 Texas Board of Profenlonal Engineers Rind Land survaW rs K% No. amuiuO Texas 9card ofFroiesslonel Eng, YrLYeeersand Land 3 rrevars Reg, Na, F`23290 1957 Itaek plelew emir Sul[e YrQ FCdI e5taria- rX 37FA5 sy3973L—D Page ? of 2 ed \CaaaeNC13208-oa37-aa M.k.ra A—. R—eba,La\!. S.,rv,eyrng FL —\CAD FII..\--L-,d 6,rg\\7ei.rlu Ski—ik 7a0rg Let 7 wd1,.ru auk. VS i.g F. 2e,2a75 , 1114,7 1, WE � ' �� ��� EXHIBIT B city of College Station Jesse Bledsoe Survey Nathan Paul & Sara Marie Van Noord Abstract No. 71 Right-of-way Parcel STATE OF TEXAS COUNTY OFBRAZOS § A METES AND BOUNDS description of a certain 0.138 acre (6,031 square feet) out of the Jesse Bledsoe Survey, Abstract No. 71, Brazos County, Texas, being a portion of a Lot 8, of Wellborn Oaks Subdivision, recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas (DRBC), conveyed by General Warranty Deed to Nathan Paul and Sara Marie Van Noord, recorded in Volume 12$99, Page 24D of the Of5c€al Public Records of Brazos County (OPRBC), said 0.138 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, Central Zone, 4203; BEGINNING at a found 3j8Arich Iron rod marking the west corner of said Lot 8, Wellborn Oaks, and lying in the southeast right-of-way line of Victoria Avenue (variable width right-of-way), from which College 5tation GPS Base No. 134 bears: South 74'71'32" West, 2265.87feet; THENCE North 42"36'14" East, 432.75 feet along the northwest line of said Lot 8 being common with southeast right-of-way line of Victoria Avenue, to a found bent 1/2-inch iron rod marking the north corner of said Lot 8 be€ng common with the west corner of Lot 7, Wellborn Oaks; THENCE South 61"4V09" East,15.29 feet along the common line of Lot 7 and Lot 8 to a set 5/8-inch iron rod (with cap stamped "Quiddity"); THENCE South 42'50 43" West, 436.15 feet across said Lot 7 to a set 5/8-inch iron rod (with cap stamped "Quiddity") marking the north corner of Common Area "E", Creek Meadows Subdivision, Section 1A, Phase 2, recorded in Volume 8028, Page 248 of the OPRBC and lying in the southeast right-of-way line of Victoria Avenue; THENCE North 49'11'52" West,12-97 feet along the right-of-way Iine of Victoria Avenue to the POINT OF BEGINNING, CONTAINING 0.138 acre, 6,031 square feet of land in Brazos County, Texas, as shown on Drawing No. 19971 filed in the office of Quiddity, in College Station, Texas. O. R ... CKWMIE'...cuFMs 4,y Q�sstd ; y0 d suR�� EXHIBIT B Page 345 of 417 88 H x w .L �b�Pe�iav 87vrret/ .hl� -VZVAZFW-Rv+Mlr-oi- NGY N 4T36'14' E 432.75' S 4XW4r W 43&IW Jt AOf ftffiw PMd&Sam Af®!e VanAe"d lda&me 12899 Page 2W CMBC OWbdn Vc*9 5Xrbd9Flal0n Lot 8 4136 Aaron iwume J45 Pogo 6J5 ARBC Found- 8enf F12-,ouch frwr Rod ta'rtf a tx. sus n� a ss 1k.w---- SUw Ecr ; TRACT F�JIOlM! ,lf Lblq 5 5 vwu lm -0-s8o go pagw CAW 1 y fkdlborn � Aw t 5 I155 Aa-err t 5 Ablume J45 Page 635 1JR@C T5 „ k� w 0 M N m (B 1 ROW PARCEL OF Aaa R LOT 8, WELLBORN OAKS F� BARBED 16ARE FE7:CE SUBDIVISION LEGEND ----------------- EASEME1BEING 0138 ACRE ORBC DEED RECORDS OF BRAZOS CCUNTY OPR6C OMCAAL PUBLICEG% RecORDS OF EtRA205 CCU`ITY6,03I POB POF}FL 6F F3E�GINNUtG SQUARE FRET ItE, Uwm WATER NETER OUT OF THE EN E� J F aSET 5/5-INCH IRON {ROR MTH t'J5P STAMPm 'Qulxrr UNLESS OniERMdSE NOTED JESSE BLEDSUE SURVEY, A-Tl BRAZOS COUNTY TEX" i "32` �r ,y�) p44B� FEBRUARY 2025 SiYET!'!R NOTE,ASPHALT I L,\\lQUIDDITY lFr%niew PCB h 7"4-1 a "Wiest CY5 Bone No. 134 eeare watt 762I!7 WesR,2285.®7 fact t't SC�^'Q W VEL TV=EloerdofProfessionalEngineers and Land 5wrwMrsRap,.Ito.1CW61)6 pe g T' �..+�ai: Tum Board of Profeulbnel Engneersand Land Sunrpors Ilug No -23290 1062Rod:PraRleROD d,SUllc70•CollrgeSFatlonrT?C 5i970.131.6000 .: \LQUu6WAAXt-lKkM-U0 Net ea Avm.ue HWeoebwtsa l Surveylnp Pbm%, fTFSristfhel uwglyretarla swmwmr Icr+r7 Lot 0 WmJb� fmke VJ-d q t•e6 2 ,l= - Uk4ftM MAIL. l� , �Vj * vi IR7. !7✓�. f �.7} I I.� g F CAmuiTMNT NOrSt Reference Commlimcnt for TTtie Ihauronce issued by Texan TILle lnswrence! Company, counberslgned by South Land Title, LLG, Gf no, EC24E3223, having m effective Elate of May 24, 2074 and on Tssuc data of May 29, 204. No further MRPmreh for easements or eneurnbrances woe performed by dulddlty, h. Easamenks and building lines oc shown of record an Out of Wollborn L}oks, raccreled In Volume 345, Page 635 of too Good Rovordo of Bra¢oe County, Taodae and In reatrretlona, recorded In Volume M9, page 513, Volume 35,E page 813, Dead Retards of Brazoa County, Tempe, Vduma 2550, Pogo Ill, Offlclol R2 cords of 9rozoa County. EAeement,3 and building lines do offect the subject tract. Easamante ore shown hereon. i. Eaaamerlt Irom James E- Frierson #a Wellbam Water Supply Carpacatlon, doted December 3, 1962, recorded In Volume 275, page 153, Deed Records of Brazos County, Texas. This casement does affect the subject trxcct as o blanket easement, being 24' wide with the center being the pipeline as Instalred, y E,aaernmt from Jack C. Par•¢ar et al to City of Bryan, dated January W, 1981, recorded in vPlume! 474, page 24. Deed Records of Brazos County; Terer- This easement does effect the subject tract as a blanket easement of Unknown width. 10(e), 10(f), 10(k), 1b(1), 10(m), 10(n), 10(a)r 10(p), 10(q). 1C(r), 10(s), 10(t), 10(u), SDv), 10(x), 'N%), 10(3), 10(bo), 10(n), 19(ec} 14(4d). Those items mention N1, gqp and minatal leoces end minerd and/or royalty reservoklona. Mineral apd/or {ayulty reservations and ail. gow, and mincrul leases arc autsidc the scope of cervices and therefore these Ikems were not rcrfawed (Sea Gmard Hgtc 3). y. 2. 3, 9earingc shown hereon are based on the Telcas Oaordrnate Sy9.em of 1951 Central Zone (4203). A acpdrata legal dcsariptian of Equal date xas written n conHnctron wkkh Ihim survey. 7h1s aurvey does not prowlde ❑ deLermin❑tlon concerning waklonds, fault lines, toxic waste or any other envirormental Issuas. Such matters should be drritad by the client or pra5paelne pufchoW to on 'sped iignaYlti nt, 4. According Eo Mop Am 49d41DD325E of the Fedarol Emergency Management Ayenop's Flood 1n9uranca Rate Mepa far Brazos: County, doted iday 113, 2U12, the subject tract is Situated within: UnOdded Zone -X' dafnad 09 oreae determined to ba outside the 500-year Rood plain. Th1s flood Autement does not fr-lply 4+ot the property nr xkruetures tfixean w;r he free tram Noodling -or ilaad damage. 0 ro fEaods ern end will aetur and flood heights may he Increased by men-malde or natural causes. This food statement shall not emote Rabilty on the pork of the survayar. 5, The surveyor has net been provided 41..h aomatnieNen plena showing the locaLlon of underground utRlttes. UeLderground utilities may exist which are not shown harean_ 5, Ualble i p-rolements were legated wllh thla survey no eubmwfoce prabinp, axcavatlon or explorotlon was nrxfarmed for Lhru gurney, Empmvamentu moy exist r■hirb are not shown hereon. Suh(eat to the General Notes shown, To- Clty of College Station, Texan lltle Insurance Company dr South Land Trlle, LLO We, Quiddity, acting by and through Chrretopher E. Curtis, o Ragistared Isrofesslonak Land Surveyor, hereby certify this Gkvv v substantlallr aamplles wlih the current Texas Sodety of Prateaeianel Suranyar'e Stondardro and 5poWlioatrona far a Category 1A, CondiLlon II Land Tltla Survey- Survvyed: April 4, 2024 2126/25 1 _ Opted., Christnpher I; Curtis Roglstared Profc2siona1 band Su"yee Nn. 6111 ccurils®quld&ty..gm ROW PARCEL OF LOT 8, WELLBORN OAKS SUBDIVISION BRING DJ38 ACRE k031 SQUARE FEET OUT 4F THE JESSE BLEDSOE SURVEY, A-71 BRAZOS COUI+I Y, TJEXA5 FEBRUARY 2025 17,\ QUIDDITY Texas Boa rd of Professional EnElneErsand Texas 6oarf of 2rofassionsl En naars and p4g* .2 a 1857 RoyrPrairle Raad,5rllve 2Do rCellege 1 1 iAIB¢13a ur - dabeutiXI 9rrvr1M4 Fih=Vl D fftmWd Dw7141rLoao 51Crxulk lakhg W. 6 ftlb m Wks VJ,pxg Fob 24..77Q29 - 10c4 = pRtC-C/. .a g NA Ct7A.78-w-w Land Surv"ars Reg. Na. INM4100 Land Surveyors Rq. Am P•21HO Station, T7C 37845 +979.331.9fk70 EXHIBIT C 41 MI&A RWAF Npl?TH PDC VAWASLE W9D7H RJCHT--OF--WAY SCALE.- I' = JO' Found .. L 1 -2;' ch Iran Rod with [op 'ar 4502' ----------------�•-- -- - �p- �y�r 6 3fl 6d --FUN" � �" W CLYNAQEi£ I�= 8a;.. a , Zt m �O a I m 6, Lot 44 I Arco E E�! Bloc*2 + _. cw"o. --- I I AM& A' t SUBJECT 1 s k TRACT 246 T I i L� I � 4i1 I P I i• I bIr � � 4 1 I Lcf 4z 9'ak 2 I Ir I 0 � 211 ROW PARCEL ' OF CREEK MEADOWS SECTION 1A, PHASE 2 a I COMMON AREA X BEING 0107 ACRE 1 11_ f 4,668 SQUARE FEET ` OUT OF THE $'6A s 3g'fs ANlwt SAMUEL DAVIDSON LEAGUE, A-13 S4 s BRAIDS COUNTY, TEXAS IL3 41695- FEBRUARY 2025 l8 8 FOB SURVEYORNOTE: tRi From FOB to Cellege 51e11en CPS. Sato Hp- 13{ QUIDDITY $ 6am7: South ES437'09-W.t laM.941ee1 r....Ps•.ec'v.el...�..dE..p..n....�a Vre s....,o<e naR rid. ruonsrno Tr.�r�y.d al Rorrva�d Ey�KrSad l,,m1 $yrtty Hey No-. F]3i90 8R a,�,� r .ryv r of 3 X 1657 RIXE Prarm Roa9,5m[el�O�COCeje 51i11on, i%77815�9T97i1.0000 - cecJ» �s comma-u��v DOV No. 1-9909 v6 EXHIBIT C Page 348 of 417 ILL EXHIBIT C LEGEND CPRBC OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY PAE PD9LIC ACCESS EASEMEN7 PFC PAINT FOR CORNER PG PAGE OPOINT PUC OF BEGINNING POINT OF COMMENCEMENT VOLASPHALT VL VCILLIAiE CONCRETE O POIN7 FOR OORNER UNLESS 0714ERWN E NOTED I � ' LAI vfH[4FI 123.t16' s LENGTH i. 9 R4St59'Irllp€C2 12" W 9Q1952:37.88 7,64 6, N A 'SR'3(� �jy� 8i30'32' W5 _ 97..SL' 8 30' N 4 r w 5'S9'S6- — — — — — — — — — — — — — — — ADJOIN£R BOUNDARY --"'--------"----""""--- EASEMENTS Subfecl to Ilia General Notes shown: To: City of College Station, Texan Title Inauronte Company & South Land Title. L -C We. quiddity, octrng by dnd through Christopher E. Curtis. a Registered Profeaelonol Lond Surveyor, hereby certify this survey wbsiontlolly complles wlth the current Temos Soclety of Prafee9larrdl gurve}'ar's itandorde and Speclfieatians for a Category 1A. Candltion II Lond Title { .�....,,E Survey. LP�WSTE oF. f9 Surveyed: Aprl 9, 2024 GNRISTOPHER_ E_CURTIg 2126l25 ��o s �; ��A Doled: _ Christopher E. Curtls Ragistarad Profasslonal Land Surveyor No. 6111 Go urtre0quiddlty-Dom ROW PARCEL OF CREEK MEADOWS SECTION IP4 PHASE 2 COMMON AREA A' BEING 414? ACRE 4AO SQUARE FEET OUT OF THE SAMUEL DAVIDSON LEAGUE, A•13 BRAZOS COUNTY, THXAS FEBRUARY 2025 {QUIDDITY Tewr 6rrrJ grPwkrwrl [prr•ra.nJ trr iJ $ur.ryu�1 Rea. M�. lapis rN Tr... eaara or viaryflOnil Ennppnens ana lead 3aNeyV ri Rey. f10. r.17299 Pd�d P oT -T 185] owb Pralrk Read, Surge Xla•[ollere Srallm, TX 77&tS •978. nj men ccc/1 — aaa Ao. cnoua-casv Owtp NOL 18908 t`6 EXHIBIT C Page 349 of 417 EXHIBIT C TITLE COMMITMENT NOTES Refarenoe Commitment for Title lneurance lsaued by Texan Title Inaurence Companyl, cmritersiyned by South Land Tine, LLC. GF No. OC2312729, having om offoctht data of June 17, 2024 and an Issue dote of June 26. 2024, N0 farther maearch for aasements or mcumbr0nces was performed by Ouiddity. 10(h) Easements as shown of retard an plot of Oreak Meodowe, Section 1q,, Phase- 1-2 and Section IR. Phasos 1-4. recorded in Volume 8OF8, page 248, Official Records of Broxas County, Texas. The entirety of the subject tract is designated as a Public Access Easement• no other oasnmenfe on sold plat affect the subject tract. 16(I) Easement from fi F_ Vance to Lana Star Gas Company, dated March 20. 1951, recorded hl Volume 14$ page 491. Dead Recwds of Brazos Caenty, Texas. This easement does affect the subject tract as a blanket eoaerrlenl, 10(o) Easement from Mrs. Vonnfe Roy Vance to Whom Water Supply Corporation, doled September 30, 1968, recorded In Volume 213, page 180, Dead Records of Brazos County, Texas- This casement does affect the subject tract as a blanket easement. 10(w) Edeement from VRV Partnara to Wollhorn Spacial Utility District, dated October 8, 1999. recorded h Volume 3645. page 276, Offlcral Record. of Brazos C.unky, Texas. This easement does not affect the subject. tract and rs shown hereon. 10(y) Easement from Creek Meadows Partners, LP to the City of CgGego Staiian, doted March 13, 2007, recorded in Volume 7863. page 72, Official Records of Brazos County, Texas. This Temporary Blanket Easement does afloat the subject tract. 10(e), 10(t), 10(II), 10(mm), 10(nn), loco*), 10(pp), 10(gq), 10(rrj, 10(tt). 10(uu). These Items mentrw+ on, gas and mineral leases and mineral and/or royalty reservations. Mlneral and/or royalty reservations and 011, gas, and minergf leases .re ❑utslde the ...pe of aervlaea and therefore these Items ware net raWewad (Sea General Note 3). 1. Bearings shaven hereon are hosed on the TiPas Caord!note System of 1983, Control Zone (4203), 2. A separate legal description of equal dote was written in conjunction with this survey. 3. This survey case not provide a determination concerning wetlands, fa,ult Ifnen, toxic waste of any nth ar environmental Issues. Such matters sh ❑uld he dlreclad by the dient or prospective purchoaer to on expert consultant. 4. According to Map He, 48041CO32SE of the Federal Emergency Managamont AgCnays Flood Ineurdnce Rate Mope }ar Brnxoe County, dated May 16. 2012, the su4 het tract is situated within: Unsh000 zone `XI doflnea as greae determined to he outside the 5D0—year flood plain. This flood Statement does not imply that the property or structyrag lheregn w19 he free from iI oodrng or dead damage_ On rare occeslons "Dods can and will occur and flood heights may ha rnaeoesad by man—made or natural ecuoes. This flood statement shall net creole liability on the port of the survayar- 5. The survayor has not boon provided with oonstructla piano sharing the location of underground utilities. Underground utilities may exist which are not shown hereon. 6_ Visible rnpr❑rementa were looted with this surrey; na subsurface pmhin exaovation or expioratlon woo performed far this survey - Improvements rr10y exryt which are net shown hereon. Pd¢e 3 of J ROW PARCEL OF CREEK MEADOWS SECTION lA, PHASE 2 COMMON AREA X BEING 0.107 ACRE 4,6U SQUARE FEt'1���•1 OUT OF THE SAMUEL DAVIDSON LEAGUE, A-13 BRAZOS COUNTY, TEXAS FEBRUARY 2025 QUIDDITY 7en-6— A„d N. hotelM rem e.nd of radnrlornl •ad Ymd Fw.evon 14a. Ho, F-73r97 3661 eq 8P 6e eoltl. lylr •Wllese 3Yxtlen, Tx Ts4a-974.731.rgaa Ore/ore " Ala times-=" ONG, Na 18909 106 EXHIBIT C Page 350 of 417 EXHIBIT C City of College Station Creek Meadows. Common Area A' Right -of -Way Parcel STATE OF TEXAS COUNTY OF BRAZOS § Samuel Davidson League Abstract No. 13 A METES AND BOUNIDS description of a certain 0.107 acre 14,668 square feet) out of the Samuel Davidson League, Abstract No. 13, College Station, Brazos County, Texas, being all of Common Area A' of Creed Meadows, Section 1A, Phase 2, recorded in Volume8028, Page 248, of the Official Public Records of Brazos County (0PRBQ, said 0.107 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, Central Zane, 4203; COMMENCING at a found 1/2-inch iron rod {with cap stamped "Kerr 450271 marking the west corner of Common Area K, of said Creek Meadows Section 1A, Phase 2, also marking the north corner of Lot 40, Block 2, Creek Meadows, Section 1A, Phase 4, plat recorded in Volume 17105, Page 8 of the OPRBC and lying in the southeast right-of-way line of Victoria Avenue (variable width right-of-way), from which a found "X" in concrete marking an angle point in Common Area "K" and said Lot 40, Block 2, bears South 46'49'52" East,19.89 feet; THENCE, North 69"24'57" East, 67.46 feet across sa}d Common Area K and Creek Meadows Blvd. North (variable width right-of-way), to a point for corner marking the POINT OF BEGINNING of the herein described subject tract and the beginning of a curve to the right, from which College Station GPS Base No. 134 bears: South 84'37'09" West,1836,92 feet; THENCE along the common line of said Creek Meadows Blvd. North and Common Area A' the following eight (8) courses and distances: I. along said cuNe to the right, having a radius of 10.00 feet, an arc length of 31.44 feet, a delta angle of 180'07'51" and a chord bearing of North 43"09'56" East, 20.00 feet to a point for corner; 2. South 46'50'04" East, 209.77 feet to a point -far -corner, marking the beginning at a tangent curve to the right; 3. Along said tangent curve to the right, having a radius of 8 70, 00 feet, an are length of 123.86 feet, a delta angle of 8"09'26" and a chord bearing of South 42045'31" East, 123,76 feet to a point for corner marking the beginning of a compound curve to the right; 4. Along said compound curve to the right, having a radius of 5.00 feet, an arc length of 7.88 feet, a delta angle of 90"19'52" and a chord bearing of South 06'29'18" West, 7.09 feet to a point for corner; 5, South 51"39'15" West, 6.44 feet to a point -for -corner, marking the beginning of a tangent curve to the right; 6. Along said tangent curve to the right, having a radius of 5,00 feet, an arc length of 7,64 feet, a delta angle of 87'30'37" and a chord bearing of North 84'35'30" West, 6.92 feet to a paint for corner marking the beginning of a compound curve to the left; 7. Along said compound curve to the left, having a radius of 930.00 feet, an arc length of 97.34 feet, a delta angle of 5"59'50" and a chord bearing of North 43"50'09" West, 97.30 feet to a point for corner; Page 351 of 417 EXHIBIT C City of College Station Samuel Davidson League Creek Meadows. Common Area A' Abstract No. 13 Might -of -Way Parcel 8. North 45°50'04" West, 132.86 feet to the POINT OF BEGINNING, CONTAINING 0.107 acres, 4,668 square feet of land in College Station, Brazos County, Texas, as shown on Drawing No_ 19909 v3 filed in the office of Quiddity, in College Station, Texas. 8122/24 Page 352 of 417 i r" v 4 Cornmm Arms N' o � F d — I r/j'rm Fad C] irw rfc � 1jS'Aan Red wlrm xAes-� i �. _ LZ i .. I1�J�A� !f?-irtdr H'm Rod EEE e4 with eap xerr - -� EXHIBIT D NORW SCALE.• 1 " = JO' 4 34 fib C1 �+ �!r — _..-- _--- S V7T BJm41 ty J----G2. 11LA 1 03 R7 DO i 2P. dYF' PY.F. yy LLI LY r ILL FNPY, PIL TRS ASPHALT _ t • r I , .• Z II COMPETE I�r '' r I V fr STONE Id[:ei'tM RSA- MAVALWE WON R4'CHr-ar WAY I >r N In I'mkin" C Iry 5121'6- L LI IA ' ;:NflS, f��E N +7��•j2- E O�-.65GE . -- --- .. -- ROW PARCEL r' —----'�--^— AMimER GWJS19�Ert f GIIATIS OF 6 Y: CREEK MEADOWS s` ------- EASEMENTZ'(ti N ECMOCOMMON Subjeck to the C�gngral Noteg jhpwn_ a 'i��jj AREA H' I Tai City of Collar Statlon, Texan 7111a Ineuranae Company do BEING South Land Title, LLC 3 Ooiddlty, Christopher E. Curtis, �j 0.044 ACRE & We, acting by and through a Registered Professional land Surveyor, hereby certliy thls survey substantially cornplies with the current Texas Society of R E FEET y3 SQUARE 1 111'lh FEET Profgaeionul Survcyar'e Standorda and Specifications for a OUT OF THE Category tA, Condition II Land True Surrey. A. I4IcMAHOI+1 SURVEY, A•I67 � $ Surveyed: Aprli 9, 2024 BRAZOS COUNTY. TEXAS FEBRUARY 2025 $ 2i26125 Doted' L7\ G U I D D I T Chrie tephtr E. Gurti3 i ,xp Registered Professional Land Surveyw No, 6111 Teass@o-rd of PratexanatEnpnersand4,.�Ay+tirr4••Rnr raa I—L. $$ ceurtiaOq u idd]t y. ccrn iew BoarddPrRD4Sol [n�iirrrs .nd Land SvrvrYs�. ee. Wr.rL— 1@frI NPrr Plaei! RP>Q StI�! 7oR• C011�ge 51�Oor11% 132b] • 9!9 13 L 5000 �1 Faye ! efi 9 arc/— Na coom-cay9 9M . NO. 1,5910 V% EXHIBIT D Page 353 of 417 EXHIBIT D 717LE COVMFNENT HOTEL, Reference Commlimenl for Title h 5amoo Issued by Team 11110 Insiranee C*mPWY, eouelwaligned by South Land Title, LLC, CF No. 9C2312728, hurinq an offocBve data aF Auto 17, 2024 and an lswa 40ta of June 2G, 2024_ No- turlher mssaree for aeearnanta w mwinbrancoe r pal mrn*d by QjMdlly. 10(I) $moms and pu14arq 11ne. es &a- of eeaeed on plot of Crick Meadows, r.-dod In V.1u.. 1442Z gag. 225, Olikipr Roc.60 of 10- Court% Texoe_ The en11r ty of the abject b*d le daeipeeled as a Fm ola Aoteim Eoaweael. na ether aaaamtele w Bald plat etfact the euhjeal treol. i4(D Eas out from J.W. YcLLUech, at uIF to Lam Stor Gas Compuy, doted Gaemnbar 19. 1956, recorded in Voiums 14111, page 47A Deal Record. of 6raws Cwrnty- 7e.a11- antl poriWOy eel e d In VobFina 66, Page 441, fidacm Necords of Wazw Cwnty, ToxwL, noted as a blankat eavp vnt an mmy prepara0 Sopta111bw 31P, 20M by Brad Narr, Rayiel-d proirpslonaF Land Surwya, State of Texas, Na 4'SO'1 Thia aaeamant dote affect tea aibjeel tmtl as a blanket weament, the W e rekese mwtkwod does mat affect the wbkci tract I%m) Eosancnt from J.W. McCul40r, at um to Lane Slor Gas Cwnpeny, dated Way 25, IBM rcmrdad !n Volume 198, pope 59, Octal Records at Brame County, Ta*c% arW pertidly released In Volume 68. Page 441. Ramose Records at Braxee Carirlty, Texan., This tasemeel does Mott the s Sjeal watt ale p 0 mket one k the pertiel rweaaa murtwed deco not affect the subject tact 1O(q) Easolnmi trap John W. itdldA A ux to The CRy of 113W. 40ted Cktobof 5. 1972, FeC4r4sd In Vgl:ene 314. page 314, Bead Records of Iwam0 County, Tawas. This 4arayont 4040 offact the M&)Bet tract as a ttmrkel eellarwent, 10(r) E..omrnt i- John W. Ndlck to The City of tlr dated Lne 9. 1977. recorded In Volume 378. page 1114, Dead Reccnis of Brame County, Tame- This aaoement does affael the subject truet 0a a blanket aae>arriwL 1p(aa Fpee out and Rlght-of-Way horn John IYt Nallek, at ue to Genaml Talephone Company of the Southwest, dated Saplombor 7, 19". rocuaad ht Volume 735. pays 2OZ OrOdOf IN- do -or 6r9zo% C:a:nty, Texas Thle easement dose not olf-t the sub).tt Volt IO(t) Easement and Wght-of-Woy from Jam w Heack 0 4ie to GTE Southmixt. Inewpmoted, dated Mweb i, 1901 reewded in Vdurne 1188. pogo 183, Offldd ttocarde of 9- County, 7oxa.. ThW eEaafnenl data eel aRatt the umjeet tract. 10(w) Eeac.,w1 0r 1 frarn Jahw w. NGIr* et ue la 8rwas Cou.ly, doted Aregu.k 1, 1990. recorded 1. %Vum. 1201, pogo 3E5, DPFtiel Ame ors of Braxea Oaonty, Texas. Thin easement does not effect the sub*t trail. lo(v) Fnscment Iran John W- Rood% et use to Wd:bom SpWel Ulhlly Bialrltl, doled September 9, 1429. recorded In Volume 3645. page 274, Offldlal Records of Brazos County. T"os. Said Ripet-of-Way Easornant cantalhe a blanket deswtpilon of o 15--W wr¢e eaee - on the plpolne as rnstolled and thernlora cannot ba located due to vnque dasor tim- 1O(z) Eoa out axseuted by Crtslr Yeodowm Pcrtmms, aid to (Ay ei Cellerye Stoilon, dated .p:lyr 17. 2007, racercad in V.I- $127. Pogo 26U. Ofncld Records of Brazos Cwnly, Twos. This tcownent does effect the MIPJMt tract as a ta.wpm.ry bh--k.t ee -t- 1O(..) E.-I grant¢d to 01ty of College $loll..- Tax.a by Cra" Nacdawa Pertnere, LP. oa as1 out a Inelrumant dated Octoher 22. 2008, racwded volume awc0. Page 7S of the Offlclal Public Rawcla of Brazos Canty, Teaoe. This eC9ernant does offact the aibject tract and Is shown hereon. l((a). 10(f), '(0). 1G(mmj. 10(nn), A-). 10W), 10(gq). 19(-). 10(�), 11)(R} 10(uu). These 11teres merSIIop aL, gas and min" leusas and mincral and/or ro}ulty ro tror¢ Mineral crd1w royally resetwollwit and a, yds, and minerm leases we outside the scope Of ser lta3 and therafaed these hems .cal net re.iewed (Sea General Hato 3). O POINT FOR COMER UNLESS UII:ERUASE NOTED SURVEYOR NOTE: From PCB to College Stallan GPS Been No. 134 Bears: South SV34'02' West, 1755.85 feet SHEPAr wnree, 1. Bearing. eh- hero.. era based m the Te..d Caordlnat6 Sy.tam of 1983. Cultrol ions (4203). 2 A aeparota legal dtmrlptIm of equal dote was wrltttn In oonjundtron with thle survey. 3. Thrs wrrey does not provide a determinetlon core rn ng wntlende, fa:lt F"L toxic wooto or (My other anvtrmm,imW Issues. Such matkf shoul.d he dlrmtad by the drent or praspacgw purchanar to an expert consultant 4, According to Mcp Ns. 4OD41CO32SE of the Federal EmrpanKanaganent Agoncis Flood hnwronco Rate Maps tar Brous Cauniy, dotal uoy 16, 2012, the mb)cct tract Ia .11ualod withl.: Uri hodod Zane 'N" defend ale ammo dater nwd to be outclde the 500-lear flood darn. Thr9 flood statement deee not imply thol the property a alructures thereon w:ll 6s hrae from 9aod.4mq or rood damage. On rore oomalona Abode cat and wE occur and Road hat Is may be li ervafed by man-made or natural oouoas. Is Rood otateonanl !hall FIGS cfedte tlublIty an the park at Nee surveyor. 8. The 9urvow has not bow praNded with constr lwm piong shewtng the ip"tlon or Vn4ONMn4 utmre Undargrauod ulBBlee may owlet whlah are not ahewn hereon. 6. Vlelhte impra ants trove Imaked with thla er:ry y. no subeurra" prablhq, fi aavatlon or axplwakfon wan Wormed far ale adrvey. Impre,remaeta may ewlst which are not shown hereon. Prpa 2 0 2 c5 C/6- LEGEND CPRBC OMICIAL PUBLIC RECORDS of BRAZOS COUNTY PAE PUBLIC AIXM EASFIiEHT PC PALL Pr,OE PRIVATE MANAGE CASEMENT PUE PUB;JC UPUTY EASDENT Pon PANT OF BEGINNFNG POC POfNT (]s aNKENODI IIT VOL V(LUME ROW PARCEL OF CREEK MEADOWS SECTION IC, PHASE Z COMMON AREA H' BEING 0.049 ACRE 2,113 SQUARE FEET OUT OF THE A. McMAHON SURVEY, A-167 BRAZOS COUNTY. TEXAS FEBRUARY 2025 L7\ QUIDDITY Taut Bandar Pealeii:nnarfn I- zeal IaM Sur�r}.rs Htt. Ne_ 1pa41ap Teri 5P rd aF hpteas�mui Pn inrerr rid rant eu �i- ku F-11M8 19e}end ,rdde read. Salle Pr.cd'e4e Seael.r�11 T781s. }79 a31.9060 I Afn. G1i 4- DW Na 18910 V7 EXHIBIT D Page 354 of 417 EXHIBIT D City of College Station A. McMahon League Creek Meadows Partners, L,P., Common Area H' Abstract No. 167 Right -of -Way Parcel STATE OF TEXAS COUNTY 4F BRAZOS § A METES AND BOUNDS description of a certain 0.049 acre (2,113 square feet} out of the A. McMahon Survey, Abstract No. 167, College Station, Brazos County, Texas, being all of Common Area H' of Creek Meadows, Section 1C, Phase 2, owned by Creek Meadows Partners, L.P., plat recorded in Volume 14422, Page 225 of the Official Public Records of Brazos County (OPRBC), said 0.048 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System of 1983, Central Zone, 4203; COMMENCING at a found 1/2-inch iron rod (with cap stamped "Kerr") marking the southeast corner Common Area N' owned by Creek Meadows Homeowners Association, recorded in Volume 14422, Page 225 of the OPRBC and lying in the northwest right-of-way line of Victoria Avenue (variable width right-of- way), from which a found 1/2-inch iron rod (with cap stamped "Kerr'] marking the south corner of Common Area N' bears South 42"55'41" west, 20.64 feet, and from which a found 1/2-inch iron rod (with rap stamped "Kerr") marking a west corner of Common Area N' and lying in the southwest right-of-way line of Creek Meadows Blvd. North (80-foot wide right-❑f-wayj, bears North 02°17'03" west, 35.38 feet; THENCE, North 25'18'42" East, 57.6.5 feet across said Creek Meadows Blvd. North, to a point for corner marking the POINT OF BEGINNING of the herein described subject tract, from which College Station GPS Base No. 134 bears: South 81'34'62" West, 1755.85 feet; THENCE along the common line of said Creek Meadows Blvd, North and said Common Area H' the following four (4) courses and distances: 1. North 47'03'24" West, 89.92 feet to a point -for -corner, marking the beginning at a tangent curve to the right: 2. Along said tangent curve to the right, having a radius of 10.00 feet, an arc length of 31.42 feet, a delta angle of 180°00'00" and a chord bearing of North 42'56'36" East, 20,00 feet to a point for corner; 3. South 47'03'24" East, 89.92 feet to a point -far -corner, marking the beginning at a tangent curve to the right; 4. Along said tangent curve to the right, having a radius of 10.00 feet, an arc length of 31.42 feet, a delta angle of 180°00'00" and a chord bearing of South 42°56'36" West, 20.00 feet to the POINT OF BEGINNING, CONTAINING 0.049 acres, 2,113 square feet of land in College Station, Brazos County, Texas, as shown on Drawing No. 18910 filed in the office of Quiddity, in College Station, Texas. e,:��8122124 ... .................:.... CHRISTOPHER E CURTIS a f5111 EXHIBIT a Page 355 of 417 Victoria Avenue Roundabout and Sidewalk Project Proposed Condemnation Parcels 2 O� 3� goo Creek Meadows F� I 'ti�90O S`GF� �z SAS Creek Meadows ��1��p'CER MF90O� p0S T 0A K ,oGe`lc 9�! Y S� OOGG N Condemnation Parcels J 0 50 100 200 300 400 Fe(�age 35*of41 October 23, 2025 Item No. 9.4. Promoter for Wolf Pen Creek Amphitheater Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on the development of a request for proposals for a live entertainment promoter for the Wolf Pen Creek Amphitheater. Relationship to Strategic Goals: Goog Governance Diverse & Growing Economy Recommendation(s): To receive a presentation on the proposed draft Request for Proposals (RFP) for a live entertainment promoter at the Wolf Pen Creek Amphitheater, and to provide feedback, comments, and direction regarding the scope, structure, scoring, and language of the draft RFP. Summary: Enclosed is a draft Request for Proposals (RFP) seeking a qualified live entertainment promoter to manage programming at the Wolf Pen Creek Amphitheater. Earlier this year, the City received an unsolicited proposal from a promoter expressing interest in overseeing live entertainment operations at the venue. In response, staff have prepared this draft RFP to initiate a competitive solicitation process. Budget & Financial Summary: Costs associated with this RFP are currently not included in the City's budget. Once responses are received and evaluated, the potential annual fee, revenue sharing, and capital impact would need to be considered. Attachments: Request for Proposals - Wolf Pen Creek Promoter Page 357 of 417 Request for Proposals: Live Entertainment Promoter for Wolf Pen Creek Amphitheater 1. Introduction and Purpose The City of College Station, Texas, is seeking proposals from qualified and experienced live entertainment promoters to program, manage, and enhance the Wolf Pen Creek Amphitheater. The purpose of this Request for Proposals (RFP) is to identify a partner who can bring a diverse array of high -quality live entertainment events to the venue, contribute to its long-term development, and enhance the cultural vibrancy of our community. 2. Background: Wolf Pen Creek Amphitheater The Wolf Pen Creek Amphitheater is a prominent outdoor entertainment venue located within the expansive 63-acre Wolf Pen Creek Park in College Station, Texas. Established with its first phase dedicated in the spring of 1993, the park and amphitheater have been a cherished community asset for over three decades. It serves as a popular gathering place for residents and visitors, hosting a wide variety of community events, concerts, and festivals. The venue currently features a large lawn area for seating, a permanent stage, and robust supporting infrastructure. The amphitheater itself offers lawn seating for approximately 7,000 to 7,500 people. Beyond the amphitheater, the park's amenities further enhance its appeal and potential for diverse events. These include: A 2,000 square -foot Green Room overlooking the amphitheater, suitable for meetings, catering preparations, and artist dressing rooms. • A 2.7-mile paved trail system popular for walking and biking, offering scenic views. • A nine -hole disc golf course. • Dedicated playground and picnic areas. • An interactive water feature and show fountain that provides daytime recreation and transforms into an illuminated display at night. • A 10-acre open festival site ideal for large-scale gatherings. • Multiple accessible restrooms. The venue is well-known for hosting a range of events, from major concerts by artists like Cody Johnson and Koe Wetzel, to popular community events such as the Starlight Music Series (free, family -friendly concerts) and the annual "I Heart America" Celebration (featuring live music and fireworks). Page 1 of 5 Page 358 of 417 3. Scope of Work The selected promoter will be responsible for the comprehensive programming and management of live entertainment events at the Wolf Pen Creek Amphitheater. This includes, but is not limited to, the following: 3.1 Event Programming and Management • Event Curation: Identify, book, and schedule a diverse range of live entertainment acts, including concerts (all genres), comedy shows, theatrical performances, and other cultural events, suitable for a broad audience. • Minimum Event Quota: The promoter shall commit to producing a minimum of [Insert Number, e.g., 6-10] ticketed live entertainment events per calendar year, with flexibility for additional community -focused or non -ticketed events as mutually agreed upon with the City. • Production: Manage all aspects of event production, including stage setup, sound, Lighting, backline, and technical requirements. Staffing: Provide all necessary event staff, including production managers, stagehands, security personnel, ushers, and medical staff. Ticketing: Manage all ticketing operations, including sales, distribution, and reconciliation. Vendor Management: Coordinate with and manage third -party vendors for concessions, merchandise, and other event -related services. Logistics: Handle all logistical aspects, including artist hospitality, transportation, and accommodation. 3.2 Marketing and Promotion • Develop and execute comprehensive marketing and promotional campaigns for all events, utilizing various channels (digital, print, radio, social media, etc.) to maximize attendance. Collaborate with the City of College Station on co -promotional opportunities. 3.3 Financial Obligations and Revenue Sharing Annual Fee: The promoter shall propose an annual fee to be paid to the City of College Station for the exclusive rights to program the amphitheater. This fee should be clearly outlined in the financial proposal. Page 2 of 5 Page 359 of 417 • Revenue Share: The promoter shall propose a revenue -sharing model with the City for ticket sales, concessions, merchandise, and other revenue streams generated from events. • Investment in Improvements: A significant component of this RFP is the promoter's commitment to capital improvements, as detailed in Section 4. 3.4 Operational Compliance • Obtain all necessary permits and licenses for events. • Adhere to all local, state, and federal regulations, including noise ordinances, safety codes, and accessibility standards. • Maintain appropriate insurance coverage. Work collaboratively with City staff on scheduling, site usage, and community relations. 4. Proposed Venue Improvements A key aspect of this partnership is the promoter's commitment to making significant capital improvements to the Wolf Pen Creek Amphitheater to enhance the patron experience and increase the venue's capacity and appeal. Proposals must include detailed plans and timelines for the following: 4.1 Mandatory Improvements Permanent Seating: Installation of permanent, fixed seating in a designated area of the amphitheater, with a proposed capacity increase to be specified by the promoter. This should include accessible seating options. • Shade Structures: Design and installation of permanent shade structures over a significant portion of the audience area to provide comfort during daytime and early evening events, especially during warmer months. 4.2 Optional/Additional Improvements (Encouraged) Promoters are encouraged to propose additional improvements that would further enhance the venue, such as: Enhanced sound and lighting systems. • Upgraded restroom facilities. Improved concession areas and food truck hookups. Page 3 of 5 Page 360 of 417 Expanded backstage amenities for artists. • Landscaping and aesthetic enhancements. • Improved parking and pedestrian access. Proposals should include a detailed budget and timeline for all proposed improvements, demonstrating financial capacity and a clear plan for execution. 4.3 City Financial Support for Improvements Proposals shall clearly indicate any financial support being sought from the City for the construction of mandatory or optional improvements. 5. Proposal Requirements Interested promoters must submit a comprehensive proposal addressing the following sections: Executive Summary: A brief overview of your proposal. • Company Profile: Background, experience, and qualifications of your company, including a portfolio of past events and venues managed. • Programming Vision: Your artistic vision for the Wolf Pen Creek Amphitheater, including proposed genres, target audiences, and potential artist relationships. Event Management Plan: Detailed plan for event production, staffing, security, and operations. Marketing and Promotion Strategy: Comprehensive plan for promoting events. Financial Proposal: o Proposed annual fee to the City. o Requested financial support for improvements. o Detailed revenue -sharing model. o Projected financial performance for the first three to five years, including economic impact. • Venue Improvement Plan: Detailed plans, designs, budget, and timeline for all proposed mandatory and optional improvements. Term of the Agreement: State your proposed duration for the agreement. Page 4 of 5 Page 361 of 417 • References: At least three professional references from venues or clients. 6. Evaluation Criteria Proposals will be evaluated based on the following criteria: • ## Points - Promoter Experience and Qualifications: Demonstrated track record in successful live entertainment promotion and venue management. • ## Points -Marketing and Operational Plan: Soundness and effectiveness of proposed strategies. • ## Points - Financial Offer: Competitiveness of the annual fee and revenue -sharing model, and financial viability of the proposal. • ## Points -Venue Improvement Plan: Feasibility, impact, and commitment to proposed capital improvements. • ## Points -Programming Vision and Diversity: Quality and diversity of proposed entertainment, alignment with community interests. 7. Timeline and Submission Details • RFP Release Date: [Insert Date] • Deadline for Questions: [Insert Date] • Proposals Due Date: [Insert Date] • Anticipated Selection Date: [Insert Date] • Submission: Proposals must be submitted electronically through the Brazos Valley e-Marketplace httos://brazosbid.ionwave.net/ 8. Contact Information For questions regarding this RFP, please contact: [Insert Name] [Insert Title] City of College Station [Insert Email Address] [Insert Phone Number] The City of College Station reserves the right to accept or reject any and all proposals, to waive informalities, and to negotiate with any qualified promoter. Page 5 of 5 Page 362 of 417 October 23, 2025 Item No. 9.5. VPAC Baseball Fields GMP No. 1 Infrastructure Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on an amendment to the Construction Manager at Risk (CMAR) Contract with Crain Group, LLC accepting the CMAR's proposed Guaranteed Maximum Price (GMP No. 1) of up to $4,805,696 for the Phase I Infrastructure of VPAC Baseball Fields plus the City's contingency in the amount of $200,000 for a total appropriation of $5,005,696. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Summary: This project involves the design, and construction of three (3) new, fully synthetic baseball fields at Veterans Park, located at 3101 Harvey Road. All three fields will be at least 365' to center field, with the capability of playing different age groups on them. In addition, one of the three fields will be designed as a championship field. The championship field will have increased sitting, locker rooms, and more, that will set it apart from the other two fields. The Construction Manager at Risk (CMAR) for pre -construction and construction phase services was solicited via Request for Proposal (RFP) on July 31, 2024. A total of five (5) RFPs were received for RFP 24-069. Of the five proposals received, two were invited for interviews. After evaluations and interviews, Crain Group, LLC was selected as the most qualified, best value to the city based on the published selection criteria. Crain Group, LLC will provide pre -construction services (construction reviews, material coordination, cost estimating, etc.) during the design phase, in coordination with the design team. Crain Group, LLC, will also provide construction phase services. Construction will be bid out through the CMAR, following all applicable procurement laws, and presented to the City Council for approval as a Guaranteed Maximum Price (GMP) for each construction phase(s) of the project. This amendment (GMP No. 1) to the current construction manager at risk contract with Crain Group LLC includes project general conditions, earthwork, storm water pollution plans, site clearing/ grubbing, temporary drainage system, pre -cast reinforced box culverts, safety treatment end walls, grading of site to designed elevations, hydro -seeding at all disturbed areas, insurance, bonds, construction contingency, and CMAR fee. Phase I will focus on site preparation for the installation of three new fully synthetic baseball fields at Veterans Park. This phase includes comprehensive drainage improvements and grading work to ensure proper field elevation, water runoff management, and long-term durability of the playing surfaces. Phase 1 has two possible options for consideration: • Tributary Work Only: $3.66M Page 363 of 417 o This work could be completed regardless of the overall project moving forward to set the site up for future growth. Tributary Work + Mass Gradinq of the site: $4.8M o This option provides the most value as combining mass grading with the tributary work saves approximately $100k and 3-4 weeks of time to the schedule. o This work could be completed regardless of the overall project moving forward to set the site up for future growth. Budget & Financial Summary: A budget of $20,000,000 is available in the Parks Projects Fund. Prior to this item, a total of $1,664,964 has been expended or encumbered to date. If this item and item 7.2 on this agenda are both approved, a balance of $12,390,055 will remain for additional work. Attachments: 1. 25300062_VPAC CMAR Amendment No.1 GMP 1 Option 1 - $3.6M 2. 25300062_VPAC CMAR Amendment No.1 GMP 1 Option 2 - $4.8M Page 364 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Crn cEr 0aiirur.3r:v Ecs\ Ne.r e/Pem 0m Ek+rc CONTRACT#: 25300062GMP1 PROJECT #: PK2502 BID/RFP/RFQ#: RFP 24-069 Project Name / Contract Description: Baseball Fields at Veterans Park GMP No.1 Tributary Work Name of Contractor: Crain Group, LLC CONTRACT TOTAL VALUE: $ 3,660,225 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes ❑ No ❑ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A CHANGE ORDER #❑ OTHER Option 1 BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) PK2505 / 41389971-6561 Cost of work $3,660,225 / City Contingency $200,000 / Total $3,860,225 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: N/A Performance Bond: BW Payment Bond: BW Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL �CAAA&A�r (,aiLA, DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 10/10/2025 DATE DATE DATE DATE DATE DATE 9.12.23 UPDATED Page 365 of 417 GUARANTEED MAXIMUM PRICE AMENDMENT NO. 1 TO THE STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSTRUCTION MANAGER AT RISK This Guaranteed Maximum Price Amendment No. 1 to the Standard Form of Agreement Between City and Construction Manager At Risk ("Amendment No. 1" or "GMP No. 1") is entered into by and between the City of College Station, Texas ("City" or "Owner") and Crain Group, LLC ("Construction Manager") for the construction of the following City Project: Baseball Fields at Veterans Park. This Amendment No. 1 amends the one certain Standard Form of Agreement Between the City and Construction Manager At Risk (the "Agreement") entered into by and between the City of College Station, Texas and Construction Manager, dated October 25, 2024 (Contract No. 25300062). and further establishes the time for completion of the construction and a Guaranteed Maximum Price ("GMP") for the construction of the: Phase I Infrastructure and Tributary Work, and time for completion of construction as set forth below: RECITALS WHEREAS, City and Construction Manager entered into the Agreement dated as of October 25, 2024, for the construction of the City's Baseball Fields at Veterans Park Project; and WHEREAS, unless clearly provided otherwise herein, all terms, conditions, and phrases used herein shall have the same meaning as the terms, conditions, and phrases used in the Agreement, as amended; and WHEREAS, Sections 23.03 and 26.02 of the Agreement contemplates the delivery of a Construction Manager's GMP Proposal or Proposals if the Project is split up into multiple GMP phases to City; and WHEREAS, Sections 23.03 and 26.02 of the Agreement requires that said proposal contain certain representations and documentation; and WHEREAS, Sections 23.03 and 26.02 of the Agreement provides that in the event City timely accepts the Construction Manager's GMP Proposal, this GMP Amendment shall be executed; and WHEREAS, the Construction Manager has delivered a Construction Manager's GMP Proposal to City; and WHEREAS, City desires to accept the Construction Manager's GMP Proposal, subject to any amendments or revisions as set forth above and herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Construction Manager agree to modify and amend the Agreement as follows: 1. Agreement Modified. The Construction Manager acknowledges that this Amendment No. 1 does modify the original Project scope, budget, and time for completion set forth in the Agreement. Amendment is Cumulative. The Construction Manager acknowledges that this Amendment No. 1 is cumulative and includes the costs for the payment bond, performance bond, insurance, general and administrative costs. GMP Proposal and Bonds. City hereby accepts the Construction Manager's detailed GMP Proposal GMP Amendment No. 1 submitted by Construction Manager, dated October 7. 2025. a true and complete GMP Amendment No. 1 (Tributary Work) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 1 of 23 Page 366 of 417 copy of which, including the required Payment and Performance Bonds, are both attached hereto and incorporated herein by reference, marked as Exhibit "A" and Exhibit `B". 4. CMAR General Conditions for GMP No. 1. The Construction Manager's General Conditions for GMP No. 1 is: Two Hundred One Thousand Seven Hundred Fortv Dollars ($201,740.00). Cost of Work and Contingencv for GMP No. 1. Construction Manager's GMP for the Cost of the Work and Contingency for this GMP No. 1 is: Three Million Three Hundred Sixtv Nine Thousand Two Hundred Twelve Dollars ($3,369,212.00). subject to additions and deductions by Change Order as provided in the Contract Documents as agreed by City and Construction Manager. GMP No. 1 is an amount that the Cost of the Work shall not exceed and is based on and detailed in the attached Exhibit "A» 6. CMAR Fee for GMP No. 1. The Construction Manager's Fee for the Construction of the Work in GMP No. 1 is hereby established in the sum of Eighty -Nine Thousand Two Hundred Seventv-Four Dollars ($89,274.00). based on the product of 2.5% multiplied by the Cost of the Work (including Contingency), and said sum is included within the above stated GMP No. 1. 7. Total GMP No. 1 Amount. The total amount for GMP No. 1 is: Three Million Six Hundred Sixtv Thousand Two Hundred Twentv-Five Dollars ($3.660.225.00). All Costs Included in CMAR Fee. All costs and expenses for those General Conditions, identified by Construction Manager in its response to the RFP, as well as all overhead expenses and Cost of the Work for the construction are included in the above GMP totals. Construction Manager acknowledges and agrees that City shall have no liability for any General Condition expenses beyond payment of the above noted amount, and Construction Manager agrees that it shall not be entitled to receive any additional compensation from City for the General Conditions beyond this amount unless expressly adjusted by a Change Order authorized in writing by the City. Citv Contingency. City has established a City's Contingency fund for GMP No. 1 in the sum of Two Hundred Thousand Dollars ($200.000.00) for this Project. Construction Manager has no right or entitlement to the City's Contingency fund and use of such funds are subject to the prior written approval and issuance of a Change Order by City. Should any contingency funds be required for use on the Project, the parties must enter into a written Change Order allocating that portion of the contingency to the Project for specific identified items. Failure to obtain a fully executed Change Order allocating contingency shall waive any rights Construction Manager may have to said funds. Should Construction Manager perform work for which it seeks funds in excess of the GMP but within the City's identified Project contingency, then Construction Manager does so at its own risk of cost and the GMP shall not be adjusted upwards. 10. Substantial Completion of Phase I Infrastructure and Tributary Work. Pursuant to the terms of the Agreement, the Project will be substantially complete within One Hundred Twentv (120) calendar days from the date that Written Notice to Proceed is issued for GMP No. 1, as defined in Section 2.15 of the Agreement. 11. Agreement Terms and Conflict. Except as modified herein, the terms and conditions of the Agreement remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, as amended, City and Construction Manager agree that the terms of this Amendment shall take precedence. GMP Amendment No. 1 (Tributary Work) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 2 of 23 Page 367 of 417 IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the last date making it fully executed. CRAIN GROUP, LLC CITY OF COLLEGE STATION By: '/ By: City Manager Printed Name: John Green Date: Title: Chief Operating Officer Date: 10/10/2025 F."I9l:19IN9113 City Attorney Date: Assistant City Manager/CFO Date: List of Exhibits: Exhibit "A" — GMP No. 1— Construction Manager's GMP No. 1 Proposal w/Attachments Exhibit `B" — GMP No. 1 — Payment and Performance Bonds for GMP No. 1 GMP Amendment No. 1 (Tributary Work) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 3 of 23 Page 368 of 417 Exhibit "A" Construction Manager's GMP No. l Proposal w/Attachments GMP Amendment No. 1 (Tributary Work) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 4 of 23 Page 369 of 417 Exhibit "A" tRAIN GROUP October 7, 2025 Mr. Rusty Warncke Project Manager II, Capital Projects City of College Station PO Box 9960 College Station, TX 77842 Via email rwarnckena,cstm.zov Re: Contract #25300062 CMAR Contract for Baseball Fields at Veterans Park; Guaranteed Maximum Price Proposal — Phase I Infrastructure Mr. Warncke: Pursuant to section 23.03 of the Contract for the above captioned project we are pleased to present this Guaranteed Maximum Price Proposal for review and approval. This project provides us with an outstanding opportunity to demonstrate the strength of our experience and resources in constructing sports complex facilities, more specifically, the Phase I Infrastructure work for the pre-existing tributary that is vital to the timely completion of the overall project. We look forward to the continued success of this project and strengthening our partnership with the City of College Station. 1. Guaranteed Maximum Price ("GMP") After careful review and coordination of the design intent and published documents with the City's staff and design consultants, Crain Group, through public solicitation, received competitive subcontractor and material supplier proposals for the work indicated in the construction documents. We then reviewed and tabulated each proposal to derive the GMP Proposal as further described. As such, we hereby propose our construction services to not exceed Three Million Six Hundred Sixty Thousand Two Hundred Twenty -Five Dollars ($3,660,225). Our services include Project General Conditions, Field Engineering/Layout, Earthwork, Storm Water Pollution Prevention Plan, Site Clearing/Grubbing, Trench Safety, Temporary Drainage System Allowance, Mat Rental, Temporary Fencing, Pre -Cast Reinforced Box Culverts, Safety Treatment Endwalls, Rough Grade Site, Insurance, Performance and Payment Bonds, Construction Contingency, and CMAR Fee. A detailed estimate is attached hereto. 2. Drawings and Specifications The GMP and Contract Time are based on the Contract Documents and the following drawings, including Addendum #1 dated 9.22.25, and responses to Questions & Answers dated 10.01.25. Specifications are contained within the drawings. Number Title Date C-01 Cover Sheet IMIPr 9.22.25 C-02 General Notes 9.18.25 C-03 City Site Plan 9.22.25 C-04 Demolition Plan 9.18.25 C-05 Erosion Control Plan 9.18.25 C-06 Grading Plan (1 of 4) 9.18.25 C-07 Grading Plan (2 of 4) 9.18.25 C-08 Grading Plan (3 of 4) 9.18.25 C-09 Grading Plan (4 of 4) 9.18.25 C-10 Pre -Project Drainage Map 9.18.25 C-11 Post -Project Drainage Map 9.18.25 _ 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (f) www.craingroup.com Page 370 of 417 tRAIN C-12 Storm Drain Plan & Profile — Culvert -1 9.22.25 C-13 Storm Drain Plan & Profile — SD -A & SD-B 9.22.25 C-14 Waterline Plan & Profile 9.18.25 C-15 Erosion Control Details (Sheet 1 of 2) 9.18.25 C-16 Erosion Control Details (Sheet 2 of 2) 9.18.25 C-17 Storm Details (Sheet 1 of 3) 9.22.25 C-18 Storm Details (Sheet 2 of 3) 9.22.25 C-19 Storm Details (Sheet 3 of 3) 9.18.25 C-20 Utility Details (Sheet 1 of 2) 9.18.25 C-21 Utility Details (Sheet 1 of 2) 9.18.25 3. Allowances Allowances included in the GMP are as follows: Item Price Temporary Drainage / Dewatering Allowance $75,000 Construction Contingency $201,589 1%EL 4. Clarifications and Assumutions The following assumptions and clarifications form the basis of the GMP are as follows: i 1. Proposal only considers clearing/grubbing as required at tributary work with Earthwork to include backfill of rigid concrete boxes per drawings and specifications and graded to drain. Site grading and cut/fill included in the Drawings and Specifications is considered to be included in the Phase II scope. 2. Proposal does not include hydro mulching/hydroseeding. 3. Proposal only considers temporary construction fencing and erosion control fencing around tributary work and not enclosing the entire site. 5. Itemized Statement of the GMP Attached is an itemized statement of the GMP organized by trade categories, including allowances, alternates, the CMAR contingency, the CMAR Fee, and all other items that comprise the GMP as defined in Section 27 of the Contract. 6. Date of Substantial Completion Pursuant to the receipt of the construction documents on 9.18.25, anticipated City Council approval of the GMP on 10.23.25, and receipt of the permit in advance of commencement, the Date of Commencement is considered to be no later than 10.27.25 with a Date of Substantial Completion of 2.24.26. Should the Date of Commencement not occur as indicated, Substantial Completion will be 120 days after the actual Date of Commencement. Attached is a detailed project schedule. 7. Exclusions Exclusions upon which the GMP is based are as follows: Not Applicable 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (1) www.craingroup.com Page 371 of 417 tRAIN We sincerely appreciate the opportunity to continue serving the City of College Station on this important project. Crain Group is prepared to mobilize and commence construction activities immediately upon authorization. We are committed to delivering this project with the quality, efficiency, and professionalism you expect and deserve. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, John Green Chief Operating Officer Attachment: 10.07.25 — Phase I Tributary GMP Estimate 10.07.25 — Phase I Tributary Construction Schedule Cc: Ms. Jennifer Cain — City of College Station Mr. Brad Crain — Crain Group Mr. Tad Bourgeois — Crain Group Mr. Jake Crain - Crain Group 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (f) www.craingroup.com Page 372 of 417 'CRAIN GROUP CSTAT VETERANS PARK GMP ESTIMATE - TRIBUTARY 10/7/2025 PROJECT: College Station Veterans Park - Tributary (Phase 1) 3101 Harvey Road College Station, TX 77845 DESCRIPTION QTY UNIT RATE ITEM TOTAL DIVISION TOTAL General Conditions -Tributary 201,740 Onsite Project Management Project Executive 4 mos 2,500 10,000 Project Manager 4 mos 6,250 25,000 Project Superintendent 4 mos 10,500 42,000 Asst. Superintendent 4 mos 3,900 15,600 Project Engineer 4 mos 1,953 7,812 Project Support Staff 4 mos 1,692 6,768 Temporary Project Construction & Utilities for CM Staff Construction Dumpster 4 mos 1,150 4,600 Monthly Phone Service 4 mos 250 1,000 Project Water & Utilities 4 mos 350 1,400 Temporary Toilet 4 mos 400 1,600 Temporary Fire Protection 0 mos 45 0 Ceremonies 0 Is 1,000 0 Field Offices & Office Supplies Job Photos and Videos 4 mos 50 200 CM Project Specific Signage 0 mos 1,000 0 Postage and Deliveries 4 mos 50 200 Mobilization for Office Trailers 1 mos 2,500 2,500 Monthly Office Rental Costs 4 mos 1,500 6,000 Storage Trailers 4 mos 225 900 Field Office Equipment 4 mos 420 1,680 Vehicles 4 mos 2,000 8,000 Safety Equipment 4 mos 420 1,680 First Aid Supplies 4 mos 85 340 Job Office Supplies 4 mos 50 200 Janitorial Supplies 4 mos 25 100 Field Office Furniture 4 mos 240 960 Copy Machine and Supplies 4 mos 125 500 Bonds and Insurance GL,Auto,WC & Builders Risk - Tributary 1 Is 22,950 22,950 Payment & Performance Bonds - Tributary 1 Is 39,750 39,750 Site Work - Tributary 31167,623 Field Engineering/Layout 1 Is 10,000 10,000 Construction (Temporary) Fencing 1 Is 30,000 30,000 Trench Safety 1 Is 20,000 20,000 Mat Rental 3 mo 5,000 15,000 Temporary Drainage / Dewatering Allowance 1 Is 75,000 75,000 Concrete & Concrete Accessories 1 Is 30,000 30,000 Concrete Truck Washout 1 Is 3,000 3,000 SWPPP 1 Is 41,582 41,582 Demolition 1 Is 13,500 13,500 Demo - Fence Removal (Chainlink & Ornamental) incl Demo - Existing Concrete Headwall incl Page 373 of 417 Earthwork 1 Is 113,881 113,881 Site Clearing & Grubbing incl Excavate & Stockpile / Spead out on site incl Proofroll & Compact Site incl Backfill & Finish Grade incl Stabilization at Tributary Flow Line 1 Is 40,000 40,000 Storm Sewer 1 Is 2,674,887 2,674,887 RC Box Culvert (precast) installation (3ea - 7'W x 4'H x 7801) (2,3401f) incl CIP Headwall incl 18" Common Stone Rip Rap (ungrouted) (513 sy) incl Railing at Culvert Entrance 1 Is 0 0 Water Lines 1 Is 100,773 100,773 WL-A (8" C900 PVC - 16" steel encased) incl WL-B (8" DI Pipe) incl Lower Water Main (18" DI Pipe) incl Subtotal $3,369,362 $3,369,362 Allowances and Contingencies $201,589 Contingency $201,589 CMAR Fee 2.5% $89,274 GRAND TOTAL $3,660,226 Page 374 of 417 ID Task Name 1 Veterans Park Ballfields F 2 Milestones 3 Kick Off Meeting IDuration (Start (Finish I%Comp QIr 3, 1114 Qtr4, 2024IQtr 1, 2025 I Qtr 2, 2025 I Qtr 3, 2025 Q1r 4, 2025 Qtr1, 2026I Qtr2, 2026I Qtr3, 2026 I Q1r4, 2026IQ[r1, 2021I Q1r 2, 2027 I Qtr 3, 2027 I Q[r 4, 2027 I Qtr1 lul �Auo�seo Od Nw Oec lan�Feh�Mar Aor Mav lun IulIAuoISe•`•IFOdINovl Declar IFehIMar AorlMzvlJun Jul AuaISe.OdlNovlDeclanlFehIMar AorlMavlJun lul AunISa.OdINwIDec Jar IF 644 days Wed 1/22/25 Mon 7/12/27 14% 644 days Wed 1/22/25 Mon 7/12/27 0% Milestones 0 days 0 days Wed 1/22/25 Wed 1/22/25 100% Thu 10/2/25 Thu 10/2/25 100% Kick Off Meeting 1/22 Tributary Scope Permit 4 1012 0 days Mon 10/27/25 Mon 10/27/25 0% Phase I Mobilizr 10/27 0 days Thu 2/5/26 Thu 2/5/26 0% Obtain Ph— 11 Permit 2/5 0 days Mon 3 2 26 Mon 3 2 26 0% Ph Ise 11 Mobilize* 3/2 4 Tributary Scope Permit 5 Phase I Mobilize 6 Obtain Phase 11 Permit 7 Phase II Mobilize y / / Fri 5/14/27 0% Mon 7/12/27 0% Thu 2/26/26 66% Mon 7/14/25 100% / / 8 Substantial Completion 0 days Fri 5/14/27 9 Certificate of Occupancy 0 days Mon 7/12/27 io 111111fiesign 248 days Mon 3/17/25 11 Conceptual Design 17 2 wks Mon 3/17/25 12 Steering Committee Review Meeting 11 day Mon 5/19/25 Mon 5/19/25 100% 13 Conceptual Design Budget 112 wks IMon 5/12/25 Tue 7/15/25 100% 14 Conceptual Design & Budget Approval 10 days Thu 7/24/25 Thu 7/24/25 100% 15 Phase I Tributary Design 64 days Fri 7/25/25 16 Tributary Construction Documents 8 wks Fri 7/25/25 17 Phase 1 Advertlsing 10 days Fri 9/5/25 18 Submit for Tributary Scope Permit 10 days Fri 9/19/25 Thu 10/23/25 90% 100% Thu 9/18/25 Thu 9/18/25 100% Thu 10/2/25 100% 19 Phase 1 B1dding 10 days Fri 9/19/25 Thu 10/2/25 100% 20 Phase 1 Bid Opening 0 days 21 Phase 1 Bid Review 5 days 22 Phase l Legal 5 days Fri 10/3/25 Fri 10/3/25 100% Fri 10/10/25 40% Fri 10/17/25 0% Mon 10/6/25 Mon 10/13/25 23 Phase 1 Submit for City Agenda 0 days Fri 10/17/25 Fri 10/17/25 0% 24 Phase 1 City Council Approval 0 days Thu 10/23/25 Thu 10/23/25 0% 25 Phase II Project Design 154 days Fri 7/25/25 Thu 2/26/26 38% 26 Schematic Design 8 wks Fri 7/25/25 Thu 9/18/25 100% 27 Development Drawings 8 wks Fri 8/22/25 Thu 10/16/25 83% 28 Schematic/Development Budget 15 days Fri 10/17/25 Thu 11/6/25 0% 29 Schematic/Development Approval 5 days Fri 11/7/25 Thu 11/13/25 0% 30 Construction Documents 10 wks Fri 11/14/25 Thu 1/22/26 0% 31 Phase Il Advertising 10 days Fri 1/9/26 Thu 1/22/26 0% 32 Submit for Phase II Permit 10 days Fri 1/23/26 Thu 2/5/26 0% 33 Phase 11 GMP Biddmg 10 days Fri 1/23/26 Thu 2/5/26 0% 34 Phase 11 GMP Bid Opening 0 days Fri 2/6/26 Fri 2/6/26 0% 35 Phase 11 GMP Bid Review 5 days Mon 2/9/26 Fri 2/13/26 0% 36 Phase 11 Legal 5 days Mon 2/16/26 Fri 2/20/26 0% 37 Phase Il Submit for City Agenda 3A oh— 111. dnn-1 10 days ndl— IFri 2/20/26 ITh.. 1/19/19 IFri 2/20/26 0% ITk.. 7/76/76 n9L 39 Phase I Procurement Long Leads 45 Phase I Tributary/Site Construction 46 Site Mobilization Tributary Clearing & Hauloff 46 days Mon 10/27/25 Mon 12/29/25 0% 87 days Mon 10/27/25 Tue 2/24/26 0% 5 days Mon 10/27/25 Fri 10/31/25 0% 15 days Man 11/3/25 Fri 11/21/25 0% Substantial Completion * 5/V Certificate of Occupancy — 7/12 r ! Design Concep ual Design I Steering Corn nittee Review Meeting Concelaual Design Budget Conceptual Design & Budget Approval 7/24 96-----W Phase 1 Tributary Design iiiiiiiiiiig ributary Construction Documents M Whase I Advertising M Submit for Tributary Scope Permit M Phase I Bidding Phase 1 Bid Opening 4 10/3 1 Phase 1 Bid Review 1 Phase I Legal Phase 1 Submit for City Agenda 10/17 Phase I City Council Approval 10/23 V V Phase 11 Project Design 100% giiiiiiiiiiill I thematic Design giiiiiiii,,1 Development Drawings M Schematic/Development Budget 1 Schematic/Development Approval Construction Documents 0 Phase 11 Advertising E Submit for Phase 11 Permit E Phase 11 GMP Bidding Phase 11 GMP lid Opening 2/6 a Phase 11 GMP Bid Review Phase II Legal Phase 11 Submit fm City Agenda # 2/20 Phase 11 City Co, ncil Approval 2/26 Q ...9 Phase 1 Procurement Long Leads Phase I Tributary/Site Construction 1 Site Mobilization M Tributary Clearing & Hauloff Veterans Park Ballfields CMAR Preliminary Schedule Tue 10/7/25 Page 375 of 417 ID Task Name 48 Tributary Excavation 49 Install Box Culverts 50 Backfill and Rough Grading 51 Phase II Procurement Long Leads 65 Phase II Construction 66 Sitework 67 Phase II Mobilize Duration (Start (Finish 1%Comp 25 days Man 11/24/25 Fri 12/26/25 '0% 30 days Tue 12/30/25 Mon 2/9/26 0% 11 days Tue 2/10/26 Tue 2/24/26 0% 130 days Thu 2/26/26 Wed 8/26/26 0% 315 days Mon 3/2/26 Fri 5/14/27 0% 288 days Mon 3/2/26 Wed 4/7/27 0% 5 days Mon 3/2/26 Fri 3/6/26 0% 68 Grade Site 15 days Mon 3/9/26 Mon 3/9/26 Mon 3/30/26 Mon 4/27/26 Fri 3/27/26 Fri 4/3/26 Fri 5/22/26 Fri 6/26/26 69 Lime Stabilize Paving 20 days 70 Install Site Electrical 40 days 71 Install Turf Drainage 45 days 72 Install Paving 25 days Mon 5/25/26 Fri 6/26/26 73 Install Turf Underlayment 35 days Mon 6/29/26 Fri 8/14/26 74 Install Turf 20 days IThu 8/27/26 30 days Thu 9/24/26 Wed 9/23/26 75 Final Site Grading Wed 11/4/26 76 Install Field Lights 40 days Thu 9/24/26 77 Install Sidewalks/Flatwork 20 days Thu 11/5/26 78 Install Site Fencing 40 days Thu 12/3/26 79 Install Ball Field Fencing 30 days Thu 12/17/26 Wed 11/18/26 Wed 12/2/26 Wed 1/27/27 Wed 1/27/27 80 Install Ball Field Equipment 20 days Thu 1/28/27 Wed 2/24/27 81 Install Wayfinding/Signage 20 days Thu 1/28/27 Wed 2/24/27 82 Install Landscape and Irrigation 30 days Thu 2/25/27 Wed 4/7/27 83 Building Superstructure 295 days 84 Construct Building Pads 20 days 85 Install Drilled Piers 15 days Mon 3/30/26 Fri 5/14/27 Fri 4/24/26 Fri 5/15/26 Mon 3/30/26 Mon 4/27/26 86 Install In -Slab Utilities 20 days Mon 5/18/26 Mon 6/15/26 Mon 7/13/26 Fri 6/12/26 Fri 7/10/26 Fri 10/2/26 87 Form/Place Slab on Grade 20 days 88 Feature Field Stadium Structure 60 days 89 Erect Structure 30 days 90 Masonry 45 days 91 Install Turf/Netting @ Batting Cages 20 days 92 Interior MEP 20 days 93 Prime & Paint 20 days 94 Install Flooring 20 days 95 Install Doors and Hardware 10 days Mon 9/7/26 Fri 10/16/26 Mon 30/5/26 Fri 12/4/26 Mon 10/19/26 Fri 11/13/26 Mon 12/7/26 Fri 1/1/27 Mon 1/4/27 Fri 1/29/27 Mon 2/1/27 Fri 2/26/27 Mon 3/1/27 Fri 3/12/27 96 Install Millwork & Countertops 15 days Mon 3/1/27 Fri 3/19/27 97 Install Kitchen Equipment 20 days Mon 3/1/27 Fri 3/26/27 98 MEPTnm-Out 20 days Mon 3/22/27 Fri 4/16/27 99 Install Owner FF&E 20 days Mon 3/29/27 Fri 4/23/27 100 Final Clean 10 days Man 4/26/27 Fri 5/7/27 101 Final Inspections 15 days Man 5/10/27 Fri 5/14/27 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Qtr 3, 2024 Qtr4, 2024I Qtr 1, 2025 Q[r2,2025IQtr3,2025� Qtr4, 2025 IQhl,Ml61�2,2026 Q[r3,2026IQtr4, 2026 Qtr1, 2027 Qtr 2, 202] I Qtr3,2027IQtr4, 202]I Qtri lul �Auo�Seo OR Nov Dec Ian1Feh0Mar AorMav�lun lul �Auo19e Z. Dec IanJa filarArMav lun Jul Aua�Seo ORINov Dec Jan Feh�MarA IO2JOlun ii Aua�9eo ORIN.JDec Jan F ri u ry cavation Install Box Culverts E Backfill and Rough Grading Phase II Procurement Long Lead. Pha, a II Construction r ig Siteworl Veterans Park Ballfields CMAR Preliminary Schedule Phase II Mobilize Grade Site Lime Stabilize Paving Install Site Electrical Install Turf Drainage Install Paving Install Turf Underlayment Install Turf Final Site Grading Install Field Lights Install Sidewalks/Flat—rk Install Site Fend ig Install Ball Field=encing Install Ball Fir Id Equipment Install WayfirJing / Signage Install La adscape and Irrigation r 7/ Buif ling Superstructure Construct Building Pads Install Drilled Piers Install In -Slab Utilities Form/Place Slab on Grade Feature Field Stadium Structre Erect Structure Masonry Install Turf/Nerving @ BAting Cages Interior MEP Prime & Paint Install Floorir g N Install Door; and Hardware M Install Milli vork & Countertops Install Kit/ien Equipment MEP Tri in -Out Install Owner FF&E Final,:lean 1 Final Inspections Tue 10/7/25 Page 376 of 417 Exhibit `B" Payment and Performance Bonds for GMP No. 1 GMP Amendment No. 1 (Tributary Work) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 5 of 23 Page 377 of 417 BOND NO. 108161149 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Pursuant to Tex. Gov't Code Sec. 2269.258: (a) No Bid Bond Provided — If the GMP has not yet been determined and the CMAR did not provide an acceptable bid bond, the CMAR shall provide at contract award either (1) Payment and Performance Bonds in an amount equal to the total Construction Budget contained in the RFP or (2) the CMAR shall provide another financial security acceptable to the City ensuring that CMAR will furnish the required performance and payment bonds when a GMP is established. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. (b) Bid Bond Provided — If the GMP has not yet been determined and the CMAR has provided an acceptable bid bond, the CMAR shall provide Payment and Performance Bonds upon the City's acceptance and approval of the Guaranteed Maximum Price. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. Project No. PK2502 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Crain Group, L.L.C. , as Principal, hereinafter called "Contractor" and the other subscriber hereto Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , licensed to do business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, Texas ("City"), a municipal corporation, in the sum of Four Million Eight Hundred Five Thousand Six Hundred Ninety -Six and 00/100 Dollars ($ 4,805,696.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally pursuant to the obligations and payment of this Performance Bond ("Bond") as follows: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed an Agreement (as used herein including the Agreement Documents) in writing with the City of College Station for the following City Project ("Project'): CMAR Contract for Baseball Fields at Veterans Park - Phase I Infrastructure , with all of the work ("Work") for the Project to be done as set out in full in said Agreement therein referred to and adopted by the City Council of the City of College Station, Texas, all of which Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 378 of 417 documents, as amended, are incorporated by reference for all purposes and made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the Contractor shall faithfully and strictly perform Agreement in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Agreement Documents described therein, and shall comply strictly with each and every provision of the Agreement, as amended, including all warranties and indemnities therein, and with this Bond, then this Bond obligation shall become null and void and shall have no further force and effect; otherwise this Bond obligation is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City or its representatives from the exercise of any diligence whatsoever in securing compliance on the part of the Contractor with the terms of the Agreement, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Agreement in the underwriting of this Performance Bond, the Surety hereby waives any notice to the Surety of any default or delay by the Contractor in the performance of the Agreement, and also agrees that the Surety shall be bound to take notice of and shall be held to have knowledge of all conduct, acts, or omissions of the Contractor in all matters pertaining to the Agreement and Project. The Surety understands and agrees that the provision in the Agreement that the City shall retain certain amounts due the Contractor until the expiration of a specified time from the acceptance of the Work of the Project is intended for the City's benefit, and the City shall have the right to pay or withhold such retained amounts or any other amount owing under the Agreement without changing or affecting the liability of the Surety under this Bond in any degree. It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Agreement, the Agreement Documents, and in the Work of the Project to be done thereunder, as provided in the Agreement, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work of the Project to be done thereunder; and that such changes, if made, shall not in any way vitiate, terminate, or diminish the (1) Surety's obligations in this Bond and undertaking, or (2) release the Surety therefrom. Surety, for value received, hereby stipulates, acknowledges, and agrees that any change in Agreement Time or Agreement Sum shall not in any way affect its obligations and duties to the City as the Surety under this bond, and Surety does hereby waive notice of any such change in the Agreement Time or Agreement Sum. It is further expressly agreed and understood that by the parties to this Bond that the Contractor and Surety will fully indemnify, defend, and hold harmless the City from any liability, claim, cause of action, judgment, loss, cost, expense, or damage arising out of or in connection with the Work for the Project done or to be done by the Contractor under the Agreement. In the event that the City shall bring any lawsuit or other proceeding at law or equity regarding or related to the Agreement or this Bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees, costs, and expenses incurred by the City in connection with such lawsuit or other proceeding. The parties to this instrument expressly agree to and acknowledge the following: (1) this Bond and all obligations of the Surety and Contractor created hereunder are expressly performable in Brazos County, Texas; (2) this Bond shall be governed and interpreted pursuant to the laws of Contract No. 25300062 CMAR- Construction Fonn 6/20/2024 Page 379 of 417 the State of Texas; (3) venue in any lawsuit or legal proceeding regarding or relating to this Bond shall be in a court of competent jurisdiction in Brazos County, Texas, United State of America, or the appropriate United States District Court designated for said county; (4) this Bond is given in compliance with the applicable provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statutes. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received (1) by hand or courier delivery (no e-mails or facsimile submissions of notice are allowed), or (2) by United State Postal Service mail (being certified mail, return receipt required), said notice being addressed to the respective other party at the address described below in this Bond, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of the Surety agent "Power of Attorney" also must be attached to this Bond instrument. Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 380 of 417 IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached a current Power of Attorney as required by this Bond. CONTRACTOR EXECUTION: ATTEST, SEAL OF CONTRACTOR: (if a corporation) WITNESS: (if not ation) By: Na e: Michele Bonnin Title: Witness Date: October 8, 2025 SURETY EXECUTION: Crain Group, L.L.C. (Name of Contractor) By: . Name: Title:(/ Date: October 8, 2025 Address of Contractor: 3801 Knapp Road, Pearland , TX 77581 ATTEST, SEAL OF SURETY: (if a corporation) Travelers Casualty and Surety Co any of America WITNE t a corporation) (Name of Surety) By: By: Name: ebbie Bledsoe N e: Jillian O'Neal Title: Witness Date: October 8, 2025 ACCEPTANCE BY CITY: REVIEWED: City Attorney's Office Date: Contract No. 25300062 CMAR- Construction Form 6/20/2024 Title: Attorney -in -Fact Date: October 8, 2025 Address of Surety: One Tower Square, Hartford, CT 06183 THE FOREGOING PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Date: Page 381 of 417 Travelers Casualty and Surety Company of America .r1111111111k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JILLIAN O'NEAL of THE WOODLANDS Texas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. AU ,�1%106UAfYY P�IV n,yps //%f// •' $ P Gy HAWO {` CONN•.••1 ' HMTFO+ OOIP]R4lC W N. o !L4 ! ••'' ��d s�bf nNap� ��S � State of Connecticut By: City of Hartford ss. Robert L. Raney, Sefrtor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.�- My Commission expires the 30th day of June, 2021 ��o + Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 8th day of October .f7� FUI%ffaiFili. GjeP G9' , 2025 OHHFOoi coHH tit, D f � Kevin E. Hughes, Assi Cant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. Page 382 of 417 TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualtv and Suretv Comnanv of America , for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street, 29th Floor, West Tower Philadelphia, PA 19102 (267)675-3057 / (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Page 383 of 417 BOND NO. 108161149 Pursuant to Tex. Gov't Code Sec. 2269.258: (a) No Bid Bond Provided — If the GMP has not yet been determined and the CMAR did not provide an acceptable bid bond, the CMAR shall provide at contract award either (1) Payment and Performance Bonds in an amount equal to the total Construction Budget contained in the RFP or (2) the CMAR shall provide another financial security acceptable to the City ensuring that CMAR will furnish the required performance and payment bonds when a GMP is established. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. (b) Bid Bond Provided — If the GMP has not yet been determined and the CMAR has provided an acceptable bid bond, the CMAR shall provide Payment and Performance Bonds upon the City's acceptance and approval of the Guaranteed Maximum Price. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. Project No. PK2502 TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Crain Group, L.L.C. , as Principal, hereinafter called "Principal" and the other subscriber hereto Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , licensed to do business in the State of Texas and admitted to write bonds, as Surety, hereinafter called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, Texas ("City"), a municipal corporation, in the sum of Four Million Eijzht Hundred Five Thousand Six Hundred Ninetv-Six and 00/100 Dollars ($ 4,805,696.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, pursuant to the obligations and payment of this Texas Statutory Payment Bond ("Bond") as follows: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain Agreement ("Agreement" including the Agreement Documents, as amended) in writing with the City of College Station for the following City Project ("Project') dated the 17th day of October 2024 CMAR Contract for Baseball Fields at Veterans Park - Phase I Infrastructure with all of the work ("Work") for the Project to be done as set out in full in said Agreement, as amended, therein referred to and adopted by the City Council of the City of College Station, Texas, all of which documents are incorporated by reference for all purposes and made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, the condition of this Bond obligation is such that if Principal shall pay all claimants supplying labor, equipment, and/or material to Principal for the Project, or to a subcontractor for the Project, regarding he performance and prosecution of the Work of the Project Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 384 of 417 provided for in the Agreement, as amended, then, this Bond obligation shall be null and void; otherwise this Bond obligation is to remain in full force and effect. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code and all liabilities on this Bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Agreement, the Agreement Documents, and in the Work of the Project to be done thereunder, as provided in the Agreement, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work of the Project to be done thereunder; and that such changes, if made, shall not in any way vitiate, terminate, or diminish the (1) Surety's obligations in this Bond and undertaking, or (2) release the Surety therefrom. It is further expressly agreed and understood that by the parties to this Bond that the Contractor and Surety will fully indemnify, defend, and hold harmless the City from any liability, claim, cause of action, judgment, loss, cost, expense, or damage arising out of or in connection with the Work for the Project done or to be done by the Contractor under the Agreement. In the event that the City shall bring any lawsuit or other proceeding at law or equity regarding or related to the Agreement or this Bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees, costs, and expenses incurred by the City in connection with such lawsuit or other proceeding. The parties to this instrument expressly agree to and acknowledge the following: (1) this Bond and all obligations of the Surety and Contractor created hereunder are expressly performable in Brazos County, Texas; (2) this Bond shall be governed and interpreted pursuant to the laws of the State of Texas; (3) venue in any lawsuit or legal proceeding regarding or relating to this Bond shall be in a court of competent jurisdiction in Brazos County, Texas, United State of America, or the appropriate United States District Court designated for said county; (4) this Bond is given in compliance with the applicable provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statutes. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received (1) by hand or courier delivery (no e-mails or facsimile submissions of notice are allowed), or (2) by United State Postal Service mail (being certified mail, return receipt required), said notice being addressed to the respective other party at the address described below in this Bond, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. Surety, for value received, hereby stipulates, acknowledges, and agrees that any change in Agreement Time or Agreement Sum shall not in any way affect its obligations and duties to the City as the Surety under this Bond, and Surety does hereby waive notice of any such change in the Agreement Time or Agreement Sum. A copy of the Surety agent "Power of Attorney" also must be attached to this Bond instrument. Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 385 of 417 IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached a current Power of Attorney as required by this Bond. PRINCIPAL EXECUTION: ATTEST, SEAL OF PRINCIPAL: (if a corporation) WITNESS: (if not a on) By: �`- Name: Michele Bonnin Title: Witness Date: October 8, 2025 SURETY EXECUTION: Crain Group, L.L.C. (Name of Principal) By: Name: �OVCbv,� C-M Title: Date: October 8, 2025 Address of Principal: 3801 Knapp Road, Pearland , TX 77581 ATTEST, SEAL OF SURETY: (if a corporation) Travelers Casualty and Surety Company of America WITNESS: (' orporation) (Na a of Surety) By: By: — Name: Debbie Bledsoe Na e: Jillian O'Neal Title: Witness Date: October 8, 2025 ACCEPTANCE BY CITY: REVIEWED: City Attorney's Office Date: Contract No. 25300062 CMAR- Construction Fonn 6/20/2024 Title: Attorney -in -Fact Date: October 8, 2025 Address of Surety: One Tower Square, Hartford, CT 06183 THE FOREGOING PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Date: Page 386 of 417 Travelers Casualty and Surety Company of America AWAk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JILLIAN O'NEAL of THE WOODLANDS Texas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. Wy Aft ggq\\\\\CONN. w HMTFOHD, OFO) CONN. o � W f '• ��\� ��bt Njee State of Connecticut By: - City of Hartford ss. Robert L. Raney, SeHbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p,TET My Commission expires the 30th day of June, 2021 Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 8th day of October , 2025 pSUM"' ,IY AN0 VIE H FORDMwG4 COM. 40 `Kevin E. Hughes, Ant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached, Page 387 of 417 TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualtv and Surety Companv of America , for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street, 29th Floor, West Tower Philadelphia, PA 19102 (267)675-3057 / (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Page 388 of 417 V/Q'1 CONTRACT & AGREEMENT ROUTING FORM Cm cEr 0aiirur.3r:v Ecs\ xe�. �r�..uya E nr..rrrry CONTRACT#: 25300062GMP1 PROJECT #: PK2502 BID/RFP/RFQ#: RFP 24-069 Project Name / Contract Description: Baseball Fields at Veterans Park GMP No.1 Tributary Work Name of Contractor: Crain Group, LLC CONTRACT TOTAL VALUE: $ 4,805,696 Debarment Check ❑ Yes ❑ No❑ N/A Section 3 Plan Incl. ❑ Yes ❑ No ❑E N/A ❑E NEW CONTRACT ❑ RENEWAL # Grant Funded Yes ❑ No ❑ If yes, what is the grant number:) Davis Bacon Wages Used ❑ Yes ❑ No* N/A Buy America Required ❑ Yes ❑ No *N/A Transparency Report ❑ Yes ❑ No ❑E N/A CHANGE ORDER #❑ OTHER Option 2 BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) PK2505 / 41389971-6561 Cost of work $4,805,696.00 / City Contingency $200,000 / Total $5,005,696.00 (If required)* CRC Approval Date*: N/A Council Approval Date*: 10/23/25 Agenda Item No*: --Section to be completed by Risk, Purchasing or City Secretary's Office Only — Insurance Certificates: NIA Performance Bond: BW Payment Bond: BW Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL �CAAA&A�r (,aiLA, DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT ASST CITY MGR — CFO LEGAL DEPARTMENT APPROVED & EXECUTED CITY MANAGER N/A MAYOR (if applicable) N/A CITY SECRETARY (if applicable) 10/10/2025 DATE DATE DATE DATE DATE DATE 9.12.23 UPDATED Page 389 of 417 GUARANTEED MAXIMUM PRICE AMENDMENT NO. 1 TO THE STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONSTRUCTION MANAGER AT RISK This Guaranteed Maximum Price Amendment No. 1 to the Standard Form of Agreement Between City and Construction Manager At Risk ("Amendment No. 1" or "GMP No. 1 ") is entered into by and between the City of College Station, Texas ("City" or "Owner") and Crain Group, LLC ("Construction Manager") for the construction of the following City Project: Baseball Fields at Veterans Park. This Amendment No. 1 amends the one certain Standard Form of Agreement Between the City and Construction Manager At Risk (the "Agreement") entered into by and between the City of College Station, Texas and Construction Manager, dated October 25, 2024 (Contract No. 25300062), and further establishes the time for completion of the construction and a Guaranteed Maximum Price ("GMP") for the construction of the: Phase I Infrastructure, Tributary Work, and Full Site Grading to Designed Elevations, and time for completion of construction as set forth below: RECITALS WHEREAS, City and Construction Manager entered into the Agreement dated as of October 25, 2024, for the construction of the City's Baseball Fields at Veterans Park Project; and WHEREAS, unless clearly provided otherwise herein, all terms, conditions, and phrases used herein shall have the same meaning as the terms, conditions, and phrases used in the Agreement, as amended; and WHEREAS, Sections 23.03 and 26.02 of the Agreement contemplates the delivery of a Construction Manager's GMP Proposal or Proposals if the Project is split up into multiple GMP phases to City; and WHEREAS, Sections 23.03 and 26.02 of the Agreement requires that said proposal contain certain representations and documentation; and WHEREAS, Sections 23.03 and 26.02 of the Agreement provides that in the event City timely accepts the Construction Manager's GMP Proposal, this GMP Amendment shall be executed; and WHEREAS, the Construction Manager has delivered a Construction Manager's GMP Proposal to City; and WHEREAS, City desires to accept the Construction Manager's GMP Proposal, subject to any amendments or revisions as set forth above and herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Construction Manager agree to modify and amend the Agreement as follows: 1. Agreement Modified. The Construction Manager acknowledges that this Amendment No. 1 does modify the original Project scope, budget, and time for completion set forth in the Agreement. Amendment is Cumulative. The Construction Manager acknowledges that this Amendment No. 1 is cumulative and includes the costs for the payment bond, performance bond, insurance, general and administrative costs. 3. GMP Proposal and Bonds. City hereby accepts the Construction Manager's detailed GMP Proposal GMP Amendment No. 1 submitted by Construction Manager, dated October 8, 2025, a true and complete copy of GMP Amendment No. 1 (Tributary work & Full Site Grading) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 1 of 23 Page 390 of 417 which, including the required Payment and Performance Bonds, are both attached hereto and incorporated herein by reference, marked as Exhibit "A" and Exhibit `B". 4. CMAR General Conditions for GMP No. 1. The Construction Manager's General Conditions for GMP No. 1 is: Two Hundred Twelve Thousand Three Hundred Thirtv Dollars ($212,330.00). 5. Cost of Work and Contineencv for GMP No. 1. Construction Manager's GMP for the Cost of the Work and Contingency for this GMP No. 1 is: Four Million Four Hundred Seventy -Six Thousand One Hundred Fiftv-Four Dollars ($4,476,154.00). subject to additions and deductions by Change Order as provided in the Contract Documents as agreed by City and Construction Manager. GMP No. 1 is an amount that the Cost of the Work shall not exceed and is based on and detailed in the attached Exhibit "A". 6. CMAR Fee for GMP No. 1. The Construction Manager's Fee for the Construction of the Work in GMP No. 1 is hereby established in the sum of One Hundred Seventeen Thousand Two Hundred Twelve Dollars ($117,212.00). based on the product of 2.5% multiplied by the Cost of the Work (including Contingency), and said sum is included within the above stated GMP No. 1. 7. Total GMP No. 1 Amount. The total amount for GMP No. 1 is: Four Million Eight Hundred Five Thousand Six Hundred Ninetv-Six Dollars ($4.805,696.00). 8. All Costs Included in CMAR Fee. All costs and expenses for those General Conditions, identified by Construction Manager in its response to the RFP, as well as all overhead expenses and Cost of the Work for the construction are included in the above GMP totals. Construction Manager acknowledges and agrees that City shall have no liability for any General Condition expenses beyond payment of the above noted amount, and Construction Manager agrees that it shall not be entitled to receive any additional compensation from City for the General Conditions beyond this amount unless expressly adjusted by a Change Order authorized in writing by the City. Citv Contingencv. City has established a City's Contingency fund for GMP No. 1 in the sum of Two Hundred Thousand Dollars ($200,000.00) for this Project. Construction Manager has no right or entitlement to the City's Contingency fund and use of such funds are subject to the prior written approval and issuance of a Change Order by City. Should any contingency funds be required for use on the Project, the parties must enter into a written Change Order allocating that portion of the contingency to the Project for specific identified items. Failure to obtain a fully executed Change Order allocating contingency shall waive any rights Construction Manager may have to said funds. Should Construction Manager perform work for which it seeks funds in excess of the GMP but within the City's identified Project contingency, then Construction Manager does so at its own risk of cost and the GMP shall not be adjusted upwards. 10. Substantial Completion of Phase I Infrastructure and Tributary Work. Pursuant to the terms of the Agreement, the Project will be substantially complete within One Hundred Twentv (120) calendar days from the date that Written Notice to Proceed is issued for GMP No. 1, as defined in Section 2.15 of the Agreement. 11. Agreement Terms and Conflict. Except as modified herein, the terms and conditions of the Agreement remain unchanged. In the event of a conflict between the terms of this Amendment and those of the Agreement, as amended, City and Construction Manager agree that the terms of this Amendment shall take precedence. GMP Amendment No. 1 (Tributary work & Full Site Grading) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 2 of 23 Page 391 of 417 IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the last date making it fully executed. CRAIN GROUP, LLC By: Printed Name: John Green Title: Chief ODeratin2 Officer Date:10/10/2025 List of Exhibits: [am a1& ] weI0 N Q D[!J' W11 IF.,I I11" By: City Manager Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Exhibit "A" — GMP No. 1 — Construction Manager's GMP No. 1 Proposal w/Attachments Exhibit `B" — GMP No. I — Payment and Performance Bonds for GMP No. 1 GMP Amendment No. I (Tributary work & Full Site Grading) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 3 of 23 Page 392 of 417 Exhibit "A" Construction Manager's GMP No.1 Proposal w/Attachments GMP Amendment No. 1 (Tributary Work & Full Site Grading) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 4 of 23 Page 393 of 417 Exhibit "A" tRAIN October 8, 2025 Mr. Rusty Warncke Project Manager II, Capital Projects City of College Station PO Box 9960 College Station, TX 77842 Via email rwarnckencstx. zov Re: Contract #25300062 CMAR Contract for Baseball Fields at Veterans Park; Guaranteed Maximum Price Proposal — Phase I Infrastructure Mr. Warncke: Pursuant to section 23.03 of the Contract for the above captioned project we are pleased to present this Guaranteed Maximum Price Proposal for review and approval. This project provides us with an outstanding opportunity to demonstrate the strength of our experience and resources in constructing sports complex facilities, more specifically, the Phase I Infrastructure work for the pre-existing tributary that is vital to the timely completion of the overall project. We look forward to the continued success of this project and strengthening our partnership with the City of College Station. 1. Guaranteed Maximum Price ("GMP") After careful review and coordination of the design intent and published documents with the City's staff and design consultants, Crain Group, through public solicitation, received competitive subcontractor and material supplier proposals for the work indicated in the construction documents. We then reviewed and tabulated each proposal to derive the GMP Proposal as further described. As such, we hereby propose our construction services to not exceed Four Million Eight Hundred Five Thousand Six Hundred Ninety -Six Dollars ($4,805,696). Our services include Project General Conditions, Field Engineering/Layout, Earthwork, Storm Water Pollution Prevention Plan, Site Clearing/Grubbing, Trench Safety, Temporary Drainage System Allowance, Mat Rental, Temporary Fencing, Pre -Cast Reinforced Box Culverts, Safety Treatment Endwalls, Grading of Site to Designed Elevations with Common Fill, Hydromulch at all Disturbed Areas, Insurance, Performance and Payment Bonds, Construction Contingency, and CMAR Fee. A detailed estimate is attached hereto. 2. Drawings and Specifications The GMP and Contract Time are based on the Contract Documents and the following drawings, including Addendum #1 dated 9.22.25, and responses to Questions & Answers dated 10.01.25. Specifications are contained within the drawings. Number Title Date CC-0� over Sheet 9.22.25 C-02 General Notes 9.18.25 C-03 City Site Plan 9.22.25 C-04 Demolition Plan 9.18.25 C-05 Erosion Control Planqpr 9.18.25 C-06 Grading Plan (1 of 4) 9.18.25 C-07 Grading Plan (2 of 4) 9.18.25 C-08 Grading Plan (3 of 4) 9.18.25 C-09 Grading Plan (4 of 4) 9.18.25 C-10 Pre -Project Drainage Map 9.18.25 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (I) www.craingroup.com Page 394 of 417 tRAIN CTir� os�j`77t Drainage Map 9.18.25 C-12 Storm Drain Plan & Profile — Culvert -1 9.22.25 C-13 Storm Drain Plan & Profile — SD -A & SD-B 9.22.25 C-14 Waterline Plan & Profile 9.18.25 C-15 Erosion Control Details (Sheet 1 of 2) 9.18.25 C-16 Erosion Control Details (Sheet 2 of 2) 9.18.25 C-17 Storm Details (Sheet 1 of 3) 9.22.25 C-18 Storm Details (Sheet 2 of 3) 9.22.25 C-19 Storm Details (Sheet 3 of 3) 9.18.25 C-20 Utility Details (Sheet 1 of 2) 9.18.25 C-21 Utility Details (Sheet 1 of 2) 9.18.25 3. Allowances Allowances included in the GMP are as follows: Item Price Temporary Drainage / Dewatering AllowancA $75,00 Construction Contingency $200,0 200kima 4. Clarifications and Assumptions The following assumptions and clarifications form the basis of the GMP are as follows: 1. Proposal considers backfill of rigid concrete boxes at tributary an?import fill for site grading and elevation modifications to be common fill. 5. Itemized Statement of the GMP Attached is an itemized statement of the GMP organized by trade categories, including allowances, alternates, the CMAR contingency, the CMAR Fee, and all other items that comprise the GMP as defined in Section 27 of the Contract. 6. Date of Substantial Completion Pursuant to the receipt of the construction documents on 9.18.25, anticipated City Council approval of the GMP on 10.23.25, and receipt of the permit in advance of commencement, the Date of Commencement is considered to be no later than 10.27.25 with a Date of Substantial Completion of 2.24.26. Should the Date of Commencement not occur as indicated, Substantial Completion will be 120 days after the actual Date of Commencement. Attached is a detailed project schedule. 7. Exclusions Exclusions upon which the GMP is based are as follows: Not Applicable 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (f) www.craingroup.com Page 395 of 417 tRAIN GROUP We sincerely appreciate the opportunity to continue serving the City of College Station on this important project. Crain Group is prepared to mobilize and commence construction activities immediately upon authorization. We are committed to delivering this project with the quality, efficiency, and professionalism you expect and deserve. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, John Green Chief Operating Officer Attachment: 10.08.25 — Phase I Tributary GMP Estimate RI 10.07.25 — Phase I Tributary Construction Schedule Cc: Ms. Jennifer Cain — City of College Station Mr. Brad Crain — Crain Group Mr. Tad Bourgeois — Crain Group Mr. Jake Crain - Crain Group 3801 Knapp Road Pearland, Texas 77581 713.436.8727 (o) 713.436.8730 (i) www.craingroup.com Page 396 of 417 'CRAIN GROUP CSTAT VETERANS PARK TRIBUTARY GMP ESTIMATE - R1 10/8/2025 PROJECT: College Station Veterans Park - Tributary (Phase 1) 3101 Harvey Road College Station, TX 77845 DESCRIPTION QTY UNIT RATE ITEM TOTAL DIVISION TOTAL General Conditions -Tributary Onsite Project Management Project Executive 4 mos 2,500 10,000 Project Manager 4 mos 6,250 25,000 Project Superintendent 4 mos 10,500 42,000 Asst. Superintendent 4 mos 3,900 15,600 Project Engineer 4 mos 1,953 7,812 Project Support Staff 4 mos 1,692 6,768 Temporary Project Construction & Utilities for CM Staff Construction Dumpster 4 mos 1,150 4,600 Monthly Phone Service 4 mos 250 1,000 Project Water & Utilities 4 mos 350 1,400 Temporary Toilet 4 mos 400 1,600 Temporary Fire Protection 0 mos 45 0 Ceremonies 0 Is 1,000 0 Field Offices & Office Supplies Job Photos and Videos 4 mos 50 200 CM Project Specific Signage 0 mos 1,000 0 Postage and Deliveries 4 mos 50 200 Mobilization for Office Trailers 1 mos 2,500 2,500 Monthly Office Rental Costs 4 mos 1,500 6,000 Storage Trailers 4 mos 225 900 Field Office Equipment 4 mos 420 1,680 Vehicles 4 mos 2,000 8,000 Safety Equipment 4 mos 420 1,680 First Aid Supplies 4 mos 85 340 Job Office Supplies 4 mos 50 200 Janitorial Supplies 4 mos 25 100 Field Office Furniture 4 mos 240 960 Copy Machine and Supplies 4 mos 125 500 Bonds and Insurance GL,Auto,WC & Builders Risk - Tributary 1 Is 27,540 27,540 Payment & Performance Bonds - Tributary 1 Is 45,750 45,750 Site Work - Tributary 4,276,154 Field Engineering/Layout 1 Is 10,000 10,000 Construction (Temporary) Fencing 1 Is 60,000 60,000 Trench Safety 1 Is 20,000 20,000 Mat Rental 3 mo 5,000 15,000 Temporary Drainage / Dewatering Allowance 1 Is 75,000 75,000 Concrete & Concrete Accessories 1 Is 30,000 30,000 Concrete Truck Washout 1 Is 3,000 3,000 SWPPP 1 Is 117,600 117,600 Demolition 1 Is 126,552 126,552 Demo - Fence Removal (Chainlink & Ornamental) incl Demo - Existing Concrete Headwall incl Page 397 of 417 Earthwork Site Clearing & Grubbing Excavate & Stockpile / Spead out on site Proofroll & Compact Site Backfill & Finish Grade Stabilization at Tributary Flow Line Storm Sewer RC Box Culvert (precast) installation (3ea - TW x 4'H x 7801) (2,3401f) CIP Headwall 18" Common Stone Rip Rap (ungrouted) (513 sy) Railing at Culvert Entrance Water Lines WL-A (8" C900 PVC - 16" steel encased) WL-B (8" DI Pipe) Lower Water Main (18" DI Pipe) 1 Is 1,308,739 1,308,739 incl incl incl incl 1 Is 40,000 40,000 1 Is 2,402,313 2,402,313 incl incl incl 1 Is 0 0 1 Is 67,950 67,950 incl incl incl Subtotal $4,488,484 $4,488,484 Allowances and Contingencies $200,000 Contingency $200,000 CMAR Fee 2.5% $117,212 GRAND TOTAL $4,805,696 Page 398 of 417 ID Task Name Duration Start Finish % Comp 1 Veterans Park Ballfields 644 days Wed 1/22/25 Mon 7/12/27 14% 2 Milestones 644 days Wed 1/22/25 Mon 7/12/27 0% 3 Kick Off Meeting 0 days Wed 1/22/25 Wed 1/22/25 100% 4 Tributary Scope Permit 0 days Thu 10/2/25 Thu 10/2/25 100% 5 Phase I Mobilize 0 days Mon 10/27/25 Mon 10/27/25 0% 6 Obtain Phase 11 Permit 0 days Thu 2/5/26 Thu 2/5/26 0% 7 Phase II Mobilize 0 days Mon 3/2/26 Mon 3/2/26 0% 8 Substantial Completion 0 days Fri 5/14/27 Fri 5/14/27 0% 9 Certificate of Occupancy 0 days Mon 7/12/27 Mon 7/12/27 0% 10 Design 248 days Mon 3/17/25 Thu 2/26/26 66% 11 Conceptual Design 17.2 wks Mon 3/17/25 Mon 7/14/25 100% 12 Steering Committee Review Meeting 1 day Mon 5/19/25 Mon 5/19/25 100% 13 Conceptual Design Budget 1.2 wks Mon 5/12/25 Tue 7/15/25 100% 14 Conceptual Design & Budget Approval 0 days Thu 7/24/25 Thu 7/24/25 100% 15 Phase I Tributary Design 64 days Fri 7/25/25 Thu 10/23/25 90% 16 Tributary Construction Documents 8 wks Fri 7/25/25 Thu 9/18/25 100% 17 Phase 1 Advertising 10 days Fri 9/5/25 Thu 9/18/25 100% 18 Submit for Tributary Scope Permit 10 days Fri 9/19/25 Thu 10/2/25 100% 19 Phase 1 Bidding 10 days Fri 9/19/25 Thu 10/2/25 100% 20 Phase 1 Bid Opening 0 days Fri 10/3/25 Fri 10/3/25 100% 21 Phase 1 Bid Review 5 days Mon 10/6/25 Fri 10/10/25 40% 22 Phase I Legal 5 days Mon 10/13/25 Fri 10/17/25 0% 23 Phase I Submit for City Agenda 0 days Fri 10/17/25 Fri 10/17/25 0% 24 Phase I City Council Approval 0 days Thu 10/23/25 Thu 10/23/25 0% 25 Phase II Project Design 154 days Fri 7/25/25 Thu 2/26/26 38% 26 Schematic Design 8 wks Fri 7/25/25 Thu 9/18/25 100% 27 Development Drawings 8 wks Fri 8/22/25 Thu 10/16/25 83% 28 Schematic/Development Budget 15 days Fri 10/17/25 Thu 11/6/25 0% 29 Schematic/Development Approval 5 days Fri 11/7/25 Thu 11/13/25 0% 30 Construction Documents 10 wks Fri 11/14/25 Thu 1/22/26 0% 31 Phase HAdvertising 10 days Fri 1/9/26 Thu 1/22/26 0% 32 Submit for Phase 11 Permit 10 days Fri 1/23/26 Thu 2/5/26 0% 33 Phase II GMP Bidding 10 days Fri 1/23/26 Thu 2/5/26 0% 34 Phase II GMP Bid Opening 0 days Fri 2/6/26 Fri 2/6/26 0% 35 Phase II GMP Bid Review 5 days Mon 2/9/26 Fri 2/13/26 0% 36 Phase II Legal 5 days Mon 2/16/26 Fri 2/20/26 0% 37 Phase 11 Submit for City Agenda 0 days Fri 2/20/26 Fri 2/20/26 0% 38 Phase 11 City Council Approval 0 days Thu 2/26/26 Thu 2/26/26 0% 39 Phase I Procurement Long Leads 46 days Mon 10/27/25 Mon 12/29/25 0% 45 Phase I Tributary/Site Construction 87 days Mon 10/27/25 Tue 2/24/26 0% 46 Site Mobilization 5 days Mon 10/27/25 Fri 10/31/25 0% 47 Tributary Clearing & Hauloff 15 days Mon 11/3/25 Fri 11/21/25 0% 'CRAIN GROUP Qtr 3, 2024 1 Qtr 4, 2024 1 Qtr 1, 2025 1 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2I 25 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Qtr 1 Jul Aua Sep Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul IAua Sep Dct Nov Dec Jan FebIMaY ADrIMav Jun Jul IAUa Sep Oct Nov Dec Jan IFeblMar AorlMav Jun Jul IAua Sep Oct Nov Dec Jan F Milestones Kick Off Meeting 1/22 Tributary Scope Permit 4 10/2 Phase I Mobilize 10/27 Obtain Phase II Permit 2/5 Ph, ise II Mobilize 3/2 Substantial Completion 5/14• Certificate of Occupancy o 7/12 r Design Concep :ual Design Steering Corn nittee Review Meeting Concep :ual Design Budget Conceptual Design & Budget Approval 7/24 V W Phase I Tributary Design —ributary Construction Documents Phase I Advertising Submit for Tributary Scope Permit Phase I Bidding Phase I Bid Opening 4, 10/3 Phase I Bid Review Phase I Legal Phase I Submit for City Agenda 10/17 Phase I City Council Approval 10/23 Phase II Project Design 100% !schematic Design Development Drawings Schematic/Development Budget Schematic/Development Approval Construction Documents _ Phase II Advertising Submit for Phase II Permit Phase II GMP Bidding Phase II GMP Nd Opening 2/6 Phase II GMP Bid Review Phase II Legal Phase II Submit foi City Agenda 2/20 Phase II City Council Approval 2/26 Phase I Procurement Long Leads Phase I Tributary/Site Construction Site Mobilization Tributary Clearing & Hauloff Veterans Park Ballfields CMAR Preliminary Schedule Tue 10/7/25 Page 399 of 417 ID Task Name Duration Start Finish % Comp Qtr 3, 2I 24 Qtr 4, 2I 24 Qtr 1, 2025 Qtr 2, 2I 25 Qtr 3, 2I 25 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2I 26 Qtr 3, 2I 26 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Qtr 1J Jul Aua Se0 OctlNov Dec Jan IFeblMar ADrIMaV Jun Jul IAua Sep DctlNov Dec Jan�Feb Mar ADr Mav Jun Jul IAUa Sep OctlNov Dec Jan FeblMar AorlMav Jun J al IAua Sep Oct Nov Dec Jan F 48 Tributary Excavation 25 days Mon 11/24/25 Fri 12/26/25 0% Tributary Excavation 49 Install Box Culverts 30 days Tue 12/30/25 Mon 2/9/26 0% Install Box Culverts 50 Backfill and Rough Grading 11 days Tue 2/10/26 Tue 2/24/26 0% Backfill and Rough Grading 51 Phase II Procurement Long Leads 130 days Thu 2/26/26 Wed 8/26/26 0% Phase II Procurement Long Lead!; 65 Phase II Construction 315 days Mon 3/2/26 Fri 5/14/27 0% Phase II Construction 66 Sitework 288 days Mon 3/2/26 Wed 4/7/27 0% Sitework 67 Phase II Mobilize 5 days Mon 3/2/26 Fri 3/6/26 0% Phase II Mobilize 68 Grade Site 15 days Mon 3/9/26 Fri 3/27/26 0% Grade Site 69 Lime Stabilize Paving 20 days Mon 3/9/26 Fri 4/3/26 0% Lime Stabilize Paving 70 Install Site Electrical 40 days Mon 3/30/26 Fri 5/22/26 0% Install Site Electrical 71 Install Turf Drainage 45 days Mon 4/27/26 Fri 6/26/26 0% Install Turf Drainage 72 Install Paving 25 days Mon 5/25/26 Fri 6/26/26 0% Install Paving 73 Install Turf Underlayment 35 days Mon 6/29/26 Fri 8/14/26 0% Install Turf Underlayment 74 Install Turf 20 days Thu 8/27/26 Wed 9/23/26 0% Install Turf 75 Final Site Grading 30 days Thu 9/24/26 Wed 11/4/26 0% Final Site Grading 76 Install Field Lights 40 days Thu 9/24/26 Wed 11/18/26 0% Install Field Lights 77 Install Sidewalks/Flatwork 20 days Thu 11/5/26 Wed 12/2/26 0% Install Sidewalks/Flatvsork 78 Install Site Fencing 40 days Thu 12/3/26 Wed 1/27/27 0% Install Site Fencing 79 Install Ball Field Fencing 30 days Thu 12/17/26 Wed 1/27/27 0% Install Ball Field (Fencing 80 Install Ball Field Equipment 20 days Thu 1/28/27 Wed 2/24/27 0% = Install Ball Field Equipment 81 Install Wayfinding / Signage 20 days Thu 1/28/27 Wed 2/24/27 0% = Install Wayfinding / Signage 82 Install Landscape and Irrigation 30 days Thu 2/25/27 Wed 4/7/27 0% 0 Install Landscape and Irrigation 83 Building Superstructure 295 days Mon 3/30/26 Fri 5/14/27 0% W Building Superstructure 84 Construct Building Pads 20 days Mon 3/30/26 Fri 4/24/26 0% Construct Building Pads 85 Install Drilled Piers 15 days Mon 4/27/26 Fri 5/15/26 0% Install Drilled Piers 86 Install In -Slab Utilities 20 days Mon 5/18/26 Fri 6/12/26 0% Install In -Slab Utilities 87 Form/Place Slab on Grade 20 days Mon 6/15/26 Fri 7/10/26 0% Form/Place Slab on Grade 88 Feature Field Stadium Structure 60 days Mon 7/13/26 Fri 10/2/26 0% Feature Field Stadium Structure 89 Erect Structure 30 days Mon 9/7/26 Fri 10/16/26 0% Erect Structure 90 Masonry 45 days Mon 10/5/26 Fri 12/4/26 0% Masonry 91 Install Turf/Netting @ Batting Cages 20 days Mon 10/19/26 Fri 11/13/26 0% Install Turf/Netting @ Betting Cages 92 Interior MEP 20 days Mon 12/7/26 Fri 1/1/27 0% Interior MEP 93 Prime & Paint 20 days Mon 1/4/27 Fri 1/29/27 0% Prime & Paint 94 Install Flooring 20 days Mon 2/1/27 Fri 2/26/27 0% Install Flooring 95 Install Doors and Hardware 10 days Mon 3/1/27 Fri 3/12/27 0% Install Doors and Hardware 96 Install Millwork & Countertops 15 days Mon 3/1/27 Fri 3/19/27 0% Install Millwork & Countertops 97 Install Kitchen Equipment 20 days Mon 3/1/27 Fri 3/26/27 0% Install Kitchen Equipment 98 MEP Trim -Out 20 days Mon 3/22/27 Fri 4/16/27 0% MEP Trim -Out 99 Install Owner FF&E 20 days Mon 3/29/27 Fri 4/23/27 0% Install Owner FF&E 100 Final Clean 10 days Mon 4/26/27 Fri 5/7/27 0% Final Clean 101 Final Inspections 5 days Mon 5/10/27 Fri 5/14/27 0% Final Inspections 'CRAIN Veterans Park Ballfields CMAR Tue 10/7/25 GROUP Preliminary Schedule Page 400 of 417 Exhibit `B" Payment and Performance Bonds for GMP No. 1 GMP Amendment No. 1 (Tributary Work & Full Site Grading) Baseball Fields at Veterans Park Project CMAR — Crain Group, LLC Page 5 of 23 Page 401 of 417 BOND NO. 108161149 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Pursuant to Tex. Gov't Code Sec. 2269.258: (a) No Bid Bond Provided — If the GMP has not yet been determined and the CMAR did not provide an acceptable bid bond, the CMAR shall provide at contract award either (1) Payment and Performance Bonds in an amount equal to the total Construction Budget contained in the RFP or (2) the CMAR shall provide another financial security acceptable to the City ensuring that CMAR will furnish the required performance and payment bonds when a GMP is established. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. (b) Bid Bond Provided — If the GMP has not yet been determined and the CMAR has provided an acceptable bid bond, the CMAR shall provide Payment and Performance Bonds upon the City's acceptance and approval of the Guaranteed Maximum Price. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. Project No. PK2502 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, Crain Group, L.L.C. , as Principal, hereinafter called "Contractor" and the other subscriber hereto Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , licensed to do business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, Texas ("City"), a municipal corporation, in the sum of Four Million Eight Hundred Five Thousand Six Hundred Ninety -Six and 00/100 Dollars ($ 4,805,696.00 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally pursuant to the obligations and payment of this Performance Bond ("Bond") as follows: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed an Agreement (as used herein including the Agreement Documents) in writing with the City of College Station for the following City Project ("Project'): CMAR Contract for Baseball Fields at Veterans Park - Phase I Infrastructure , with all of the work ("Work") for the Project to be done as set out in full in said Agreement therein referred to and adopted by the City Council of the City of College Station, Texas, all of which Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 402 of 417 documents, as amended, are incorporated by reference for all purposes and made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the Contractor shall faithfully and strictly perform Agreement in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Agreement Documents described therein, and shall comply strictly with each and every provision of the Agreement, as amended, including all warranties and indemnities therein, and with this Bond, then this Bond obligation shall become null and void and shall have no further force and effect; otherwise this Bond obligation is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City or its representatives from the exercise of any diligence whatsoever in securing compliance on the part of the Contractor with the terms of the Agreement, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Agreement in the underwriting of this Performance Bond, the Surety hereby waives any notice to the Surety of any default or delay by the Contractor in the performance of the Agreement, and also agrees that the Surety shall be bound to take notice of and shall be held to have knowledge of all conduct, acts, or omissions of the Contractor in all matters pertaining to the Agreement and Project. The Surety understands and agrees that the provision in the Agreement that the City shall retain certain amounts due the Contractor until the expiration of a specified time from the acceptance of the Work of the Project is intended for the City's benefit, and the City shall have the right to pay or withhold such retained amounts or any other amount owing under the Agreement without changing or affecting the liability of the Surety under this Bond in any degree. It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Agreement, the Agreement Documents, and in the Work of the Project to be done thereunder, as provided in the Agreement, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work of the Project to be done thereunder; and that such changes, if made, shall not in any way vitiate, terminate, or diminish the (1) Surety's obligations in this Bond and undertaking, or (2) release the Surety therefrom. Surety, for value received, hereby stipulates, acknowledges, and agrees that any change in Agreement Time or Agreement Sum shall not in any way affect its obligations and duties to the City as the Surety under this bond, and Surety does hereby waive notice of any such change in the Agreement Time or Agreement Sum. It is further expressly agreed and understood that by the parties to this Bond that the Contractor and Surety will fully indemnify, defend, and hold harmless the City from any liability, claim, cause of action, judgment, loss, cost, expense, or damage arising out of or in connection with the Work for the Project done or to be done by the Contractor under the Agreement. In the event that the City shall bring any lawsuit or other proceeding at law or equity regarding or related to the Agreement or this Bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees, costs, and expenses incurred by the City in connection with such lawsuit or other proceeding. The parties to this instrument expressly agree to and acknowledge the following: (1) this Bond and all obligations of the Surety and Contractor created hereunder are expressly performable in Brazos County, Texas; (2) this Bond shall be governed and interpreted pursuant to the laws of Contract No. 25300062 CMAR- Construction Fonn 6/20/2024 Page 403 of 417 the State of Texas; (3) venue in any lawsuit or legal proceeding regarding or relating to this Bond shall be in a court of competent jurisdiction in Brazos County, Texas, United State of America, or the appropriate United States District Court designated for said county; (4) this Bond is given in compliance with the applicable provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statutes. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received (1) by hand or courier delivery (no e-mails or facsimile submissions of notice are allowed), or (2) by United State Postal Service mail (being certified mail, return receipt required), said notice being addressed to the respective other party at the address described below in this Bond, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. A copy of the Surety agent "Power of Attorney" also must be attached to this Bond instrument. Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 404 of 417 IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached a current Power of Attorney as required by this Bond. CONTRACTOR EXECUTION: ATTEST, SEAL OF CONTRACTOR: (if a corporation) WITNESS: (if not ation) By: Na e: Michele Bonnin Title: Witness Date: October 8, 2025 SURETY EXECUTION: Crain Group, L.L.C. (Name of Contractor) By: Name: �QXdrj� Title: ple/a�— Date: October 8, 2025 Address of Contractor: 3801 Knapp Road, Pearland , TX 77581 ATTEST, SEAL OF SURETY: (if a corporation) Travelers Casualty and Surety Co any of America WITNE t a corporation) (Name of Surety) By: By: Name: ebbie Bledsoe N e: Jillian O'Neal Title: Witness Date: October 8, 2025 ACCEPTANCE BY CITY: REVIEWED: City Attorney's Office Date: Contract No. 25300062 CMAR- Construction Fonn 6/20/2024 Title: Attorney -in -Fact Date: October 8, 2025 Address of Surety: One Tower Square, Hartford, CT 06183 THE FOREGOING PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Date: Page 405 of 417 Travelers Casualty and Surety Company of America AIW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JILLIAN O'NEAL of THE WOODLANDS Texas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. unAU +JP�IV AV,HAWOPA a►Rirt m NAATF N. CONN. o ![AL t •• V'+�+ e�bt nNap� � S A State of Connecticut City of Hartford ss. Robert L. Raney, Sehlbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �.TA My Commission expires the 30th day of June, 2021 T*AgR' C y���or+► Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 8th day of October 2025 .}�'Y��10 SUq�JYC 9J��(Y ANpa f�� G9K FUIR1FOflQ � � NAgTFORO, � C+7�4�[ j CQYN, $ CVAL ONN u / 1 � ig l� 4 Kevin E. Hughes, Assi tart Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. Page 406 of 417 TRAVELERSJw IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualtv and Suretv Companv of America , for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street, 29th Floor, West Tower Philadelphia, PA 19102 (267)675-3057 / (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Page 407 of 417 BOND NO. 108161149 Pursuant to Tex. Gov't Code Sec. 2269.258: (a) No Bid Bond Provided — If the GMP has not yet been determined and the CMAR did not provide an acceptable bid bond, the CMAR shall provide at contract award either (1) Payment and Performance Bonds in an amount equal to the total Construction Budget contained in the RFP or (2) the CMAR shall provide another financial security acceptable to the City ensuring that CMAR will furnish the required performance and payment bonds when a GMP is established. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. (b) Bid Bond Provided — If the GMP has not yet been determined and the CMAR has provided an acceptable bid bond, the CMAR shall provide Payment and Performance Bonds upon the City's acceptance and approval of the Guaranteed Maximum Price. A bond rider that increases the amount of all Payment and Performance Bonds is required for each additional GMP that is issued. Project No. PK2502 TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS § THAT WE, Crain Group, L.L.C. , as Principal, hereinafter called "Principal" and the other subscriber hereto Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , licensed to do business in the State of Texas and admitted to write bonds, as Surety, hereinafter called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, Texas ("City"), a municipal corporation, in the sum of Four Million Eijzht Hundred Five Thousand Six Hundred Ninetv-Six and 00/100 Dollars ($ 4,805,696.00 ) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, pursuant to the obligations and payment of this Texas Statutory Payment Bond ("Bond") as follows: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain Agreement ("Agreement" including the Agreement Documents, as amended) in writing with the City of College Station for the following City Project ("Project') dated the 17th day of October 2024 CMAR Contract for Baseball Fields at Veterans Park - Phase I Infrastructure with all of the work ("Work") for the Project to be done as set out in full in said Agreement, as amended, therein referred to and adopted by the City Council of the City of College Station, Texas, all of which documents are incorporated by reference for all purposes and made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, the condition of this Bond obligation is such that if Principal shall pay all claimants supplying labor, equipment, and/or material to Principal for the Project, or to a subcontractor for the Project, regarding he performance and prosecution of the Work of the Project Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 408 of 417 provided for in the Agreement, as amended, then, this Bond obligation shall be null and void; otherwise this Bond obligation is to remain in full force and effect. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code and all liabilities on this Bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Agreement, the Agreement Documents, and in the Work of the Project to be done thereunder, as provided in the Agreement, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work of the Project to be done thereunder; and that such changes, if made, shall not in any way vitiate, terminate, or diminish the (1) Surety's obligations in this Bond and undertaking, or (2) release the Surety therefrom. It is further expressly agreed and understood that by the parties to this Bond that the Contractor and Surety will fully indemnify, defend, and hold harmless the City from any liability, claim, cause of action, judgment, loss, cost, expense, or damage arising out of or in connection with the Work for the Project done or to be done by the Contractor under the Agreement. In the event that the City shall bring any lawsuit or other proceeding at law or equity regarding or related to the Agreement or this Bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees, costs, and expenses incurred by the City in connection with such lawsuit or other proceeding. The parties to this instrument expressly agree to and acknowledge the following: (1) this Bond and all obligations of the Surety and Contractor created hereunder are expressly performable in Brazos County, Texas; (2) this Bond shall be governed and interpreted pursuant to the laws of the State of Texas; (3) venue in any lawsuit or legal proceeding regarding or relating to this Bond shall be in a court of competent jurisdiction in Brazos County, Texas, United State of America, or the appropriate United States District Court designated for said county; (4) this Bond is given in compliance with the applicable provisions of Chapters 2253, 2254, and 2269 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statutes. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received (1) by hand or courier delivery (no e-mails or facsimile submissions of notice are allowed), or (2) by United State Postal Service mail (being certified mail, return receipt required), said notice being addressed to the respective other party at the address described below in this Bond, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. Surety, for value received, hereby stipulates, acknowledges, and agrees that any change in Agreement Time or Agreement Sum shall not in any way affect its obligations and duties to the City as the Surety under this Bond, and Surety does hereby waive notice of any such change in the Agreement Time or Agreement Sum. A copy of the Surety agent "Power of Attorney" also must be attached to this Bond instrument. Contract No. 25300062 CMAR- Construction Form 6/20/2024 Page 409 of 417 IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached a current Power of Attorney as required by this Bond. PRINCIPAL EXECUTION: ATTEST, SEAL OF PRINCIPAL: (if a corporation) WITNESS: (if not a 'on) By: �- Name: Michele Bonnin Title: Witness Date: October 8, 2025 SURETY EXECUTION: Crain Group, L.L.C. (Name of Principal) By: Name: �a1Cbv, C-ni1 v\ Title: V t,(4 p(ef, ( A evj-�- Date: October 8, 2025 Address of Principal: 3801 Knapp Road, Pearland , TX 77581 ATTEST, SEAL OF SURETY: (if a corporation) Travelers Casualty and Surety Company of America WITNESS: (' orporation) (Na a of Surety) By: By: — Name: Debbie Bledsoe Na e: Jillian O'Neal Title: Witness Date: October 8, 2025 ACCEPTANCE BY CITY: REVIEWED: City Attorney's Office Date: Contract No. 25300062 CMAR- Construction Fonn 6/20/2024 Title: Attorney -in -Fact Date: October 8, 2025 Address of Surety: One Tower Square, Hartford, CT 06183 THE FOREGOING PERFORMANCE BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager Date: Page 410 of 417 Travelers Casualty and Surety Company of America A11111111111h,, Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JILLIAN O'NEAL of THE WOODLANDS Texas , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. wu W9tlfrnY eJWy AftKUMO�YIW✓f 1\ice w HMTFOF�D, C06%IkUt CONN. o � yr,LL 1 ••' �pd 'aye 'Na>� !s # State of Connecticut City of Hartford ss. Robert L. Raney, Seftror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. o.T� My Commission expires the 30th day of June, 2021 TAA� C Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 8th day of October 2025 ��osux�r� 9J'�tY dNOs t1Na� 4p G9'* 1NRTfOflD,NARTFORO, < C{MIPG�u4 CONY CONK. o Nx GGG Kevin E. Hughes, Ant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached, Page 411 of 417 TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualtv and Suretv Comuanv of America , for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street, 29th Floor, West Tower Philadelphia, PA 19102 (267)675-3057 / (267)675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Page 412 of 417 October 23, 2025 Item No. 9.6. BVSWMA Appointment Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: Mayor John P. Nichols served as one of College Station's three appointees to the BVSWMA Board of Directors. Mayor John P. Nichols's term expires September 30, 2025. A new appointment to the BVSWMA Board of Directors needs to be made. This can be an appointment for a new board member or renewal of a current board member with an expiring term. This will be a 3- year term when filled. Budget & Financial Summary: None Attachments: 1. Ltr Cities BVSWMA BoD 2025 Page 413 of 417 11 WEST WEBB ALLBRITTON GENTRY October 14, 2025 Bryan Hanna Partner Registered Patent Attorney, U.S. Patent & Trademark Office bryan.hanna@westwebb.law Via Regular Mail and Email at afalco(ftstx.ciov and tleeper(ftrvantx.ciov Adam Falco City Attorney, City of College Station 1101 Texas Ave. College Station, TX 77840 Thomas Leeper City Attorney, City of Bryan P.O. Box 1000 Bryan, Texas 77805 Re: BVSWMA Board of Directors Dear Adam and Thomas: As you are aware, the City of College Station and the City of Bryan each appoint three (3) directors to the seven (7) member board of directors for BVSWMA. Those six (6) City -appointed directors select the seventh (7th) director to complete the Board. I am writing to remind you of the need for appointing a new director or renewing the appointment of the current director with an expiring term from your respective Cities. Based on my review of BVSWMA records, the term of one (1) of the three (3) directors appointed by each City expired on September 30, 2025. According to my records, for the City of Bryan, the term of James Edge has expired this year, and for the City of College Station, the term of John Nichols has expired this year. Please let me know if you have any questions or concerns about this procedure. If you would please keep me up-to-date on your City's appointment, I would be appreciative. Sincerely, Bryan T. Hanna cc: Bryan Griesbach (via email at bariesbach(a)bvswma.com) Mike Gentry (via email) 1515 Emerald Plaza, College Station, TX 77845 1 979.694.7000 1 westwebb.law COLLEGE STATION I CENTRAL AUSTIN I WEST AUSTIN Page 414 of 417 October 23, 2025 Item No. 10.1. Items of Community Interest and Council Calendar Sponsor: City Council Reviewed By CBC: City Council Agenda Caption: Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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. Relationship to Strategic Goals: • Good Governance Recommendation(s): None. Summary: A current calendar of upcoming community events can be found in more detail at cstx.gov/calendar and official meetings or public notices are posted at cstx.gov/agendas. Meetings and events from the days of October 24th thru November 13th: October 24 - BVCOG Environmental Management and Planning Awards Luncheon October 27 - Neighborhood Seminar Supper: Navigating the New City Website October 28 to 31 - TML Annual Conference October 28 - Construction Board of Adjustments Meeting October 29 - KBB Annual Awards Luncheon October 29 - Food Truck Wednesday's November 3 - Historic Preservation Committee Meeting November 4 - Zoning Board of Adjustments November 5 - B/CS MPO Policy Board Meeting (FY 2026) November 5 - Legislative Affairs Committee Meeting November 5 - Tourism Committee Meeting November 5 - Tourism Friendly Certification November 5 - Food Truck Wednesday's November 6 - Council Legislative Engagement Committee November 6 - Annual Veterans Day Recognition November 6 - Rock Prairie Management District No. 2 November 6 - Planning & Zoning Commission Meeting November 7 - Brazos County Regional Mobility Authority Board Meeting November 10 - Bicycle, Pedestrian and Greenways Meeting November 10 - Chamber of Commerce Annual Banquet November 11 - Annual Veterans Day Ceremony November 12 - Food Truck Wednesday's November 13 - Economic Development Workshop Page 415 of 417 November 13 - Rock Prairie Management District No. 2 November 13 - Council Meeting Day Budget & Financial Summary: None. Attachments: None Page 416 of 417 October 23, 2025 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: Aggieland Humane Society, The Art Center of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Transit District, Brazos Valley Economic Development Corporation, Brazos Valley Council of Gov't Board of Directors, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, CDBG Public Service Agency Funding Review Committee, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Construction Board of Adjustments & Building and Construction Standards Commission, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Housing Plan Advisory Committee, Intergovernmental Local Committee, Keep Brazos Beautiful, Legislative Engagement Committee, 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, Tourism Committee, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 417 of 417