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Home My WebLink About2000-08-29-9:00AM-REGULARBRAZOS COUNTY S RYAN. "VIM NOTICE OF MEETING AND AGENDA BRA7.OS COUNTY COMMISSIONERS COURT �trD Z2+p AUG 21+ PH 4: 29 _ . • o. CLERK ORAZZOSS{�TCOU iI j COURTHOUSE RYA BY 1i THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, AUGUST 29, 2000 A.'I" 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRA7OS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1_ Invocation - Judge Jones. 2. Pledge of Allegiance - Judge Jones. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 22: 4_ Budget Amendment 99/00-39. ' 5. Personnel Changes of Status_ 6. Payment of Claims_ 7. Request by the Judge, County Court at Law #2, to utilize funds from a part -tuna assistant court coordinator position for the payment of overtime for other staff - 8. Request by the Tax Assessor/Collector to expend Capital Funds for a special component for the telephone system. - 9. Request by the Sheriff's Office to transfer Capital Funds from Vehicle Account to Computer Hardware Account for the purchase of a. computer and software for the Investigators Division to acconutiodate the Fuginet soft — wet -e-1°. Request by the District Clerk for out -o£ --state travel to attend the Managing Electronic Records Conference in Chicago, Illinois, September 29 -October 4, 2000_ 11. The Certificate of Substantial Completion from W. M_ IClunkert, Inc_ for the County Detention Center construction project - 12. Appointing a member of the Brazos Valley Council of Governments Board of Directors. 13. Tax Resale Deeds and authorization for County Judge to execute Tax Resale Deeds For the following property: a_ 60 feet by 90 feet out of -Block 9, -Bryan's First Addition, City of Bryan, toErnest Nowlin_ b. Tract #3, a 22 feet by 100 feet tract, being part of Block 11, Bryan Second Addition, City of Bryan, to Melanie Sauseda Commissioners Court Meeting Agenda August 29, 2000 Page Two 14. Cancellation of the September 26, 2000 Commissioners Court meeting. 15. The Fiscal and Personnel Management Agreement with the Bryan -College Station Metropolitan Planning Organization. 16. Award of RFP #2000-047, Landscaping and execution of the Landscape Management Proposal. 17. Requisition from Capital Equipment Funds for additional GIS computer hardware. 18. Requisition from Capital Equipment Funds,. Computer Replacement Account, for a replacement miniature computer for the Computer & Network Services Department to perform network operations. 19. Requisition from Computer & Network Services Department's Software account for E- mail software. 20. Request from Verizon Southwest to construct a road bore in the right-of-way of North Dowling Road. Site is located in Precinct 1. 21. The Final Plat of Great Oaks Subdivision, 76.896 acres, James Erwin Survey. Site is located in Precinct 1. 22. Approval of minutes from the following Commissioners Court meetings: a. Regular meetings conducted on March 7, 2000, March 21, 2000 and March 28, 2000; a Workshop conducted on March 21, 2000; and a Joint Special Meeting conducted on March 23, 2000. b. Regular meetings conducted on April 4, 2000, April 11, 2000, April 18, 2000 and April 25, 2000. c. Regular meetings conducted on May 2, 2000, May 9, 2000, May 16, 2000, May 23, 2000 and May 30, 2000; Public Hearings conducted on May 23, 2000 and May 30, 2000; and a Workshop conducted on May 30, 2000. 23. Acknowledge receipt of monthly reports from County elected officials and department heads. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. voL:2 .0)cO) a6 d ,SSOTOOZ tlEmoaql LZ£0tO0Z :auamiked ao; aaanseaay Aqunop aq Aq palgTwgns T0A se swteT, £uTMoTto; atp paaapTsuoo lxau lano3 at{y •palTpigns se sabueuo eql anoadde oq ATsnomtueun palon ganoa aqa 'smTS aauoTsszunuoD Aq papuooas 'AaTneD aauotssTwwoo Aq uo-pow up •ssanball uoTlolt Tauuosaad patpoelge atiq uo palgTwgns se seeAotdwa go snlels 3o aburet;o aql aap;suoo of papaaooad zinc* ate, • pattoelle sT Adoo y •paa1Twgns se luawpuauie labpnq atp anoadde itsnowTueun palon aano0 eql 'stuTs aauoTssTmmoD Aq papuooas 'AaTne3 aauoTssTunuoo Aq uotgouu uo • slsoo aaoddns lino, go labpnq aul aseaaouT pue pun; queaD ptre luamabeuew spaooall-xaaTD Aqunop ' lanop saauotssTunuoD 'Aauaolly loTaasTa 'uotaealstuTwpy TTer -;;Taatgs ao3 spun; ageootteaa ptnoM goTtww 9.6E ubnoitta t'6E-00/66# luampuamy gabpng paaapTsuOo axau lano3 auy •Suaaouo3 ao/pue lnduT uazTpTo ou sem aaatly •aoueTbaits go abpatd awl pat pue uoTlaoonuT atjl aneb abpnr Alunoa eta •aouepualge uT eaem Imp sTeToT3;o pug suazT1To ettl 3o saweu at suTeluoo hags patpelle ate, •xaato Aluno3 'PaeM uuu £aew {, louToaaa go aauoTssTunuo3 ' •ar 'AaTneo Aaae' 'uasgy '£ louToaaa go aauortsszwwoo 'scats Apueu 'Z loutoaaa go aauotssTuwoo 'uoluaot •s•wM T louToaaa go iauoTssTunuoo 'sauor Auoy :buTptsaaa 'abpnr Aqunoo S9t10.0 •M u ATy :quasaad lano3 841 go saagwam buTMot-to; atlq tmM '0002 '6Z lsnbnY 'Aepsany uo .w -e 00:6 le butuuTbaq 'sexay''A uno3 sozeag 'ueAag uT asnotpanop eql uT wooaq.xno3 ,saauotssTwmoD 6141 uT pTaq sem sexay 'Squno3 sozeas go l.znoo , saauotsSttuuoo alp go buTgaaw .zeTnbaa 0002 '6Z LSflDtl' DNI,Lssw 2rv'IAosai yunoo 1stsxozssIwwoo Commissioners' Court meeting August 29, 2000 2 'On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration was a request by the Judge, County Court at Law No. II, to utilize funds from a part time assistant court coordinator position for the payment of overtime for other staff. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to authorize the Judge to utilize funds for the payment of. overtime for other staff. The Court next considered a request by the Tax Assessor/Collector to expend Capital Funds for a special component for the telephone system. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to expend Capital Funds for a special component for the telephone system. The next matter before the Court was a request by the Sheriff's Office to transfer Capital funds from Vehicle account to Computer Hardware account for the purchase of a computer and software for the Investigators Division to accommodate the Fuginet software. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by the Sheriff's Office to transfer Capital Funds from Vehicle account to Computer Hardware account for the purchase of a computer and software. The :next matter for consideration by the Court was a request submitted by the District Clerk for out of state travel for himself. Mr. Hamlin would be traveling to Chicago, Illinois to attend the Managing Electronic Records Conference 2000 during the week of September 29 through October 4, 2000. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to grant the request from Vol Page (J 7 Commissioners' Court meeting August 29, 2000 3 the District Clerk and approved payment of out of state travel expense for Marc Hamlin. The Court proceeded to consider the Certificate of Substantial Completion from W. M. Kiunkert, Inc. for the County Detention Center construction project. A list of items to be completed or corrected have been verified and amended by the Architect. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the Certificate of Substantial Completion from W. M. Klunkert,Inc. The Court next considered appointing a member of the Brazos Valley Council of Governments Board of Directors. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to appoint College Station Mayor Lynn McIlhaney to the Brazos Valley Council of Governments Board of Directors. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual subject to correcting the name on the deed: Ernest Nowlin - 60 feet by 90 feet, more or less, out of Block 9, Bryan's First Addition, City of Bryan, Brazos County, Texas On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual Melanie Sauseda - A 22 foot by 100 foot tract, more or less, being part of Block 11, Bryan's Second Addition, City of Bryan, Brazos County, Texas On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to cancel the September 26, 2000 Commissioners Court meeting. The Court next considered approval of the Fiscal and Personnel Management Agreement with the Bryan -College Station Vol a° Page (.0'143 Commissioners' Court meeting August 29, 2000 4 Metropolitan Planning Organization. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Fiscal, and Personnel Management Agreement with the Bryan -College Station Metropolitan Planning Organization. A copy is attached. The Court next considered awarding the following bid: Bid No. 2000-047, Landscape Services John Hachmann, Purchasing Agent, recommended acceptance of the bid submitted by The Greenery. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to The Greenery. A copy of the bid tabulation is attached. The Court next considered approval of a requisition from. the Capital Equipment Funds for the following purchase: a) Additional GIS computer hardware for Road & Bridge $1,445.50 On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to approve the requisition to be paid from Capital Equipment Funds. The Court next considered approval of a requisition from the Capital Equipment Funds for the following purchase: a) Replacement miniature computer for Computer & Network Services Department for $5,045.96 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the requisitions to be paid from Capital Equipment Funds. The Court next considered payment of a requisition from Computer & Network Services Department's Software account for E-mail software. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to'approve payment of the requisition in the amount of $1,533.20. The Court next considered the request from.Verizon to construct a road bore in the right-of-way of North Dowling Vol a -o Page to a Commissioners' Court meeting August 29, 2000 5 Road.. The site is located in Precinct 1, The County Engineer offered the,following conditions: a) Proposed 260 feet of cable shall be placed in the designated Public Utility Easement provided on plat. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon and authorized the installation only if they comply with the condition noted. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of • Great Oaks Subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Great Oaks Subdivision as submitted. The Court next considered approval of the following Commissioners' Court minutes: a) Regular meetings held on March 7, 21 & 28, 2000; Work Shop held March 21, 2000; Joint Special Meeting held March 23 2000 b) Regular meetings held on April 4, 11, 18, & 25, 2000 c) Regular meetings held on May 2, 9, 16 & 23, 2000; Work Shop held May 30, 2000; .Public Hearings held May 23 & 30, 2000 On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve all the minutes as submitted. The Court acknowledged receipt of the Extension Service reports for July 2000 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 2 F,. Commissioners' Court meeting August 29, 2000 6 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Justice of the Peace Precinct 5 Justice of the Peace Precinct 6 Constable Precinct 4 Constable Precinct 5 Constable Precinct 6. Brazos County Events Facilities County Attorney Road & Bridge Tax Assessor/Collector A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He announced that Brazos County has been presented the Best Practice Award in Austin. b) He received an Attorney General's Opinion from the Texas Association of Counties relating to the publishing of elected officials' salaries. c) He received a letter from United Way of Texas stating they had entered into contract with CUC in an attempt to insure 67% of uninsured children. Susan Gandy made the following comments: a) She reminded the Court of the 10:00 a.m. work shop in which the Court would discuss EMS Services and Paupers Burials. b) There will be a Public Hearing on Tuesday at 11:0 a.m to discuss the 'Subdivision Regulations. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol a° Page coal The foregoing minutes of the Commissioners Court meeting held August 29. 2000 have been examined and are approved in Jag open Court this the JA_ day of SAnu A Ry , 2011, in Bryan, Alv W. Jones Tony Jo s County Judge Commissioner, Precinct 1 grey Ca •ey, Jr. Commissi•ner, Precinc ieA Mary An Ward County Clerk s Toner, Precinct 3 BRAZOS CO TY COMMISSIONERS COURT MEETING ON Z" 2- 200 Q AT 9/tOolia, NAME E.te4 ORGANIZATION/DEPARTMENT g,A1 hoilqb 4Jf Sn rd_9.5//25 M pct( Wl� cs 7 74'J dti /114A4IP,Ag- M� BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR NO. 99/00 39.1, through 39.6 On this the 29" day of August 2000 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk, The following proceedings were held: THAT WHEREAS, on August 29, 2000 the Court heard and approved a budget amendment for the 1999-2000 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29nd day of August 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By rte.". Original: Alvin W. Jones, County Judge County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 39.1 8/29/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110100 610200 Dr. _Autopsy 20,000.00 01 110100 722010 Dr. Crt Appointed Atty-CCL1 70,000.00 01 110100 722020 Dr. Crt Appointed Atty-CCL2 5,000.00 01 110100 722060 Dr. Crt Appointed Atty-272nd 5,000.00 01 110100 722070 Dr. Crt Appointed Atty-361st 15,000.00 01 110100 722080 Dr. Crt Appd Atty-Indigent Any 24,702.00 01 .110015 611300 Cr. Contingency 139,702.00 General Fund _ Court Support Costs To increase the budget to allow for the addition cost associtate with court support. Totals 139,702.00 139,702.00 Increase Decrease FD 01 DIV 280020 ACCT 615000 PROJ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 39.2 8/29/00 DR/CR Dr. ACCOUNT NAME. Printing Hourly -Law Enforcement 5,000.00 01 280020 Cr. 5,000.00 General Fund Sheriff - Jail Administration To reallocate budget to allow for printing needs until the end of the fiscal year September 30, 2000. Totals 5,000.00 5,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 39.3 8/29/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 190000 612100 Dr. Court Cost 1,000.00 01 190000• 659500 Cr. Vehicle Maintenance 1,000.00 General Fund District Attorney Administration To reallocate budget to allow necessary funds for court cost. Totals 1,000.00 1,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00- 39.4 v FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110005 616200 Dr. Subscriptions & Publication 3,000.00 01 110005 617400 Dr. Telephone 20,000.00 01 110005 720900 Cr. Auditor -External 3,000.00 01 110015 611300 Cr. Contingency 20,000.00 General Fund Commissioners Court Administration To reclassify budget to cover unanticipated expenditures. Totals 23,000.00 23,000.00 U& , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 39.5 8/29/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 20 210050 516100 Dr. Hourly - Staff Miscellaneous 365.00 20 210050 614500 Cr. 365.00 County Clerk Records Management Fund I I To reclassify budget to cover the increased cost to salaries for Kathryn Sustayta, part-time clerk, in order to complete this year. Totals 365.00 365.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 39.6 nonnnnnn _ FD DIV ACCT PROJ DR/CR , ACCOUNT NAME Increase Decrease 30 1821 618070 182100 DR. Travel - Reimbursable . t 1,162.26 30 1821 618010 182100 CR. Travel 183.50 30 1821 653200 182100 CR. Equipment - Maintenance _ 478.76 30 1821 611100 182100 CR. Conference and Seminar Fees 500.00 Grant Fund Sale to Intoxicated Persons Grant To reclassify budget to allow for additional expenditures in Reimbursable Travel. Totals 1,162.26 1,162.26 page 1 of 1 PERSONNEL CHANGE OF STATUS COURT DATE: August 29, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status ************************************************************************************ DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ************************************************************************************ SHERIFF'S OFFICE - JAIL DIVISION PRITCHARD, DAVID NEW HIRE -FILLING OPEN POSITION Approved in Commissioners' Court: August 29.2000 County Judge's or Commissioner's Signature: Attach to the court minutes 10 .20 CERTIFICATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 OWNER O ARCHITECT O CONTRACTOR O FIELD 0 OTHER • PROJECT: Brazos County Detention Center (name, address) 1835 Sandy Point Road Bryan, Texas 77803 TO (Owner) E Brazos County Commissioners' Court Brazos County Courthouse 300 East 26th Street Bryan, Texas 77803 L ARCHITECT Ravey & Associates ARCHITECTS PROJECT NUMBER: 9403 --1 CONTRACTOR: W. M. Klunkert, Inc. CONTRACT FOR: General Construction J CONTRACT DATE: 02/03/1999 DATE OF ISSUANCE: 08/04/2000 DATE OF COMMENCEMENT: 04/22/1999 PROJECT OR DESIGNATED AREA SHALL INCLUDE: All areas and equipment both interior and exterior. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as 08/04/2000 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction. is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect. is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. Ravey & Associates Achitects ARCHITECT BY Piditthieu 540 The Contractor will complete or correct the Work on the list of items appended hereto within THIRTY (30) from the above Date of Substantial Completion. W. M. Klunkert, Inc. CONTRACTOR BY 08/04/00 DATE days 08/04/00 DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession the-eof at Brazos County Commissioners' Court (time) on (date). 4j. BY OWNER DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE -Owners and Contractor's legal and Insurance counsel should determine and review insurance requirements and coverage) Maintenance, heat, utilities, and insurance shall become the responsibility of the Owner upon the date off substantial completion. AIA DOCUMENT G704 • CERTIFICATE OF SUBSTANTIAL COMPLETION . APRIL 1970 EDITION • MAO ONE PAGE O 1970 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 [iA , Fiscal Agreement: MPO & Brazo. County Effective: October 1. 2000 1. . STATE OF TEXAS COUNTY OF BRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan -College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "MPO", the designated Metropolitan Planning Organization'(MPO) for the Bryan -College Station Urban area, as authorized by 23 U.S.C.A. 134 as amended by Section 1203 of the Transportation Equity Act for the 21" Century (TEA -21). WITNESSETH WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21" Century et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the MPO Policy Committee is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21" Century et seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS, the Governor of Texas has designated Bryan -College Station Policy Committee as the MPO for the Bryan -College Station Urban area; and WHEREAS, MPO requests that the County act as the financial disbursing agent for all MPO funds; and WHEREAS, the County, as one of the parties to an Interlocal Agreement creating MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: ARTICLE PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the MPO. Fiscal Agreement; MPO & Brazos Coanty E,(fectt ve: October 1, 2000 2 ARTICLE II TERM 2.01 The term of this Agreement begins on October 1, 2000 and ends September 30, 2003 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts under the supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues, County fiscal policy, and the MPO's state approved and adopted procurement procedures on behalf of the MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the County or the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. 4.03 The MPO shall make contracts and commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 The disbursement of funds to agencies or consultants under contract to the MPO will made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result of the County performing any non -negligent task pursuant to this Agreement. The County is under no obligation to process payment requests unless sufficient funds for 3 • Fiscal Agreement; MPO cfr Brazos County Effective: October 1, 2000 such purposes are present in the MPO budget. 4.05 All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. 4.06 The MPO assumes responsibilities for the legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of Transportation. The MPO adopts its awn line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into expense group/categories similar to the County's. Any expenditure over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full-time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and/or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval. 4.10 The Director will take direction on MPO policy and technical matters from the MPO Policy Committee and direction on fiscal administrative matters from Brazos County. 4.11 The MPO shall pay all costs associated with the employees as described in paragraph 4.08. The County Auditor is hereby authorized to make payment for MPO personnel costs, to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.01. 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the MPO Director. , Fiscal Agreement; MPO & Brazos County Effective: October /, 2000 5.01 This Agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to County: If to MPO: Brazos County Courthouse 300 E. 26th St. Bryan, Texas 77803 with a copy to: County Auditor 300 E. 26th St. Bryan, Texas 77803 Bryan -College Station Metropolitan Planning Organization Policy Committee 4001 E. 29th St. Suite 170-b Bryan, Texas 77802 ARTICLE VI NON-DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws of .the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Brazos County, Texas. .0e Fiscal Agreement; MPO d Brazos County 5 &Orective: October 1, 2000 ARTICLE VIII NON -ASSIGNMENT 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. ARTICLE IX SEVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. BRAZOS COUNTY, TEXAS BRYAN -COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE By: Count Judge - AlJo es By: BCSMPO airperson I Y 9 p Jones Date: 8 — z4 -cam Date: 8-21- oa co 1.5A^+�Nc y� J :„ .J ,Ap'v"1yC1e•.;"y1y ��¢tniny�p'S,`'aFy C'�/iy51(4pr°4�`.4E' yx �n'�C. _`d' ry.";1'w$"ti�'�IVTd"K'b:94blt T} . .h.� -'.s t j7� ,d. ��J,:' SSAl sea e tifa �n% �4+1.�idrKi lmwt Y f. V ' i + T§.1.41P01311.,76 T I.,76 The Greenery $ 40,524.00 TrueGreen $ 43,149.00 cqm9eid ati nce awardAcirA4Grge,n,q Y ,y L