Loading...
HomeMy WebLinkAbout2010-04-20-6:00PM-REGULARi } ;Ib ',if"01 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 APRIL 2010 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 21: 3. Manual Requisition in the amount of $26,016.00 to L -3 Communications for purchase of a new x -ray scanning machine for the 29 Street Family Court Annex. 4. Budget Amendment 09/10 — 27.1 thru 27.3. 5. Personnel Change of Status. 6. Payment of Claims. 7. Proclamation 10 -019 establishing 27 April 2010 as Conservation Day in Brazos County, and honoring the 75` anniversary of the National Resources Conservation Service of Texas. 8. Bryan — College Station Metropolitan Planning Organization's Resolution 2010 -03 to approve the Memorandum of Agreement to provide funding for the Bryan — College Station Mobility Initiative Operations Center. Office of the County Judge . 20D South Texas Ave. . Suite 332 Bryan, Texas 77803 . Fax: (979) 361 -4503 Vol. 15 P 5 3 Commissioners Court Agenda 20 April 2010 Page 3 19. Request for permission to enter Brian Stephen's property located off Tonkaway Lake Road for the purpose of cutting down and reshaping a 400 ft. bluff along the roadway to control erosion for the health, safety and welfare of the general public; site is located in Precinct 3. 20. Payment Authorization in the amount of $2.500.00 from the District Attorney's Office for digital forensic analysis services and expert witness testimony; a purchase order was not obtained in advance. 21. Payment Authorization in the amount of $7,179.00 from the District Attorney's Office for crime scene analysis services and expert witness testimony; a purchase order was not obtained in advance. 22. Acknowledgement of the Monthly Reports submitted in March 2010. These reports are available for review in the County Judge's Office. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn Vol. 133 p g . - 55 Commissioners Court Agenda 20 April 2010 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the, honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. --- Pg C t/Y COMMISSIONERS' COURT REGULAR MEETING APRIL 20, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, April 20, 2010 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Cathy Cox a) Is concerned about the proposed Millican reservoir. She asked the Court to oppose the dam so that all the land is not lost. Many of the parcels of land in the area have been handed down through the generations with some going all the way back to Sam Houston. Vol 133 Page 57 Commissioners Court meeting April 20, 2010 Dennis Rother a) Also opposes the dam. He would like to get on the next agenda to make a presentation and he is hoping for a resolution from the Court opposing it. The County Judge said he would see that Mr. Rother was placed on the next agenda. The Court then considered a manual requisition in the amount of $26,016.00 to L -3 Communications for the purchase of a new x -ray scanning machine for the 29 Street Family Court Annex. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The next matter before the Court was Budget Amendment #09/10 -27.1 through 27.3, that would transfer funds from Contingency to Capital Improvement Fund (2) ; and transfer funds from TJPC- Community Corrections to Juvenile Detention. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. Vol 13 Page 58 Commissioners Court meeting April 20, 2010 3 The Court next considered the following Claims as submitted by the County Treasurer for payment: 7073313 through 7073575 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #10 -019 designating April 27, 2010 as Conservation Day in honor of the 75 Anniversary of the Natural Resources Conservation Service in the State of Texas. The Court joins with state conservation agencies, federal agencies, tribes and the USDA Natural Resources Conservation Service to urge all citizens to celebrate this special observance and further to reflect on ways that together we can contribute to a healthy environment and make Texas an even greater place to live, work and raise a family. On motion by the County Judge, seconded by Commissioner Peters the Court moved to proclaim April 27, 2010 as Conservation Day in honor of the 75 Anniversary of the Natural Resources Conservation Service throughout Brazos County. A citizen pointed out a typo on the agenda in which the word National was substituted for Natural. The next matter for consideration was the Bryan - College Station Metropolitan Planning Organization's Resolution 2010 -03 Vol i3 Page 59 Commissioners Court meeting April 20, 2010 4 to approve the Memorandum of Agreement to provide funding for the Bryan - College Station Mobility Initiative Operations Center. The County Judge asked Bill Ballard, Civil Attorney if he gave his approval and Mr. Ballard responded that it was ok but that the City had made some last minute changes. He continued by saying that he would like to see the "dust settle" and be sure that all organizations approve the same document. He then asked that this (item 8) and the next matter (item 9) be removed from the agenda. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to remove this from the agenda. The Court next considered a Memorandum of Agreement with the Bryan - College Station Metropolitan Planning Organization, the Texas Department of Transportation Bryan District, the Cities of Bryan and College Station, Texas A &M University, and the Brazos Transit District to provide funding for the Bryan - College Station Mobility Initiative Operations Center. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this from the agenda. The next matter for consideration was the renewal of the annual contract with Fairbanks Scales for truck scale maintenance with no change in cost, terms and conditions. On motion by Commissioner Wassermann, seconded by Commissioner Vol 133 Page 0 Commissioners Court meeting April 20, 2010 5 Peters, the Court voted unanimously to renew the annual contract with Fairbanks Scales for a term beginning April 20, 2010 through April 19, 2011. The Court next considered the renewal of the Annual Contract for Materials Testing with Terracon. The terms, conditions will not change. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to renew the contract with Terracon for a term beginning April 21, 2010 through December 31, 2010. The next matter for consideration was consideration of the proposed revisions to the fees charged at the Exposition Complex. Commissioner Peters asked about rodeo events. Tom Quarles, Director of Special Events Facilities replied that they will fall under horse and livestock events. Mr. Quarles went on to say that the fee increases are based on the Phase II facility. The fees have not had an increase since the facility opened while the cost of doing business has increased. The proposed fees are still competitive. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the proposed revisions to the fees charged at the Exposition Complex and that they become effective immediately. A copy is attached. Vol 133 Page 1, I Commissioners Court meeting April 20, 2010 0 The Court next considered the appointment of an individual to serve on the Homeland Security Advisory Committee for 2010 as an additional Brazos County representative. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to appoint College Station Police Chief Jeffrey Capps to serve on the Homeland Security Advisory Committee for 2010 as an additional Brazos County representative. The Court next considered approval of the minutes of the Commissioners Court meetings held in March 2010 on the following dates: Regular Meetings - 2nd 91h 16 23 30 Workshop Meeting - 9th Special Meeting - 25 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration by the Court was a request submitted by the Extension Office seeking approval for out of state travel for Brandon S. Gregson, County Extension Agent to travel to Arlington, Virginia to attend the 2010 Public Issue and Leadership Development Conference April 25 -28, 2010. On motion by Commissioner Peters, seconded by Vol Y33 Page (�2 Commissioners Court meeting April 20, 2010 Commissioner Wassermann, the Court voted unanimously to grant the request from the Extension Office and approved payment of out of state travel expense for Mr. Brandon Gregson. The next matter for consideration by the Court was a request submitted by the District Attorney seeking approval for out of state travel for Assistant District Attorney Jarvis Parsons to travel to Charleston, South Carolina to attend the Career Prosecutor Course June 6 -16, 2020. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the District Attorney and approved payment of out of state travel expense for Mr. Jarvis Parsons. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Unisource Real Estate Investments LLC, Over Payment $371.00 b) Dr. Terry Jones, Over Payment (5) $119.99, $20.34, $20.34, $20.34, $20.34 c) Sue T. Culley & Donald R. Culley, over payment $119.35 d) First American Real Estate Tax service, over payment $3,868.71 e) Christian Moore & Kellie Wilcox- Moore, over payment $210.92 f) Kevin & Christan Rawson, over payment $45.41 g) LSI Title Agency, Inc., over payment $2,409.19 h) Keith Hurst, over payment $64.73 i) New Vision Custom Homes, Inc., over payment $300.00 j) BCS Stop N Go Potties, over payment $459.02 k) Volvo Construction Equipment Corp., over payment Vol )33 Page 63 Commissioners Court meeting April 20, 2010 8 $169.38 1) College Marketplace LP, over payment $8.85 m) San Juan Lagos Ezequiel, over payment $5.26 n) Ruth M. McGranahan, over payment $87.37 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of two (2) requisitions numbered 00028840 and 00028841. Requisition #00028840 is in the amount of $8,156.95 and requisition #00028841 is in the amount of $18,650.00. Both are to HVAC Mechanical Service of Texas. One is for a new building control unit and the other for two (2) new air conditioning units for the Juvenile Detention Center. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve both requisitions. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Brian Stephen on Tonkaway Lake Road in Precinct 3 to cut down and reshape a 400 foot bluff along the roadway to control erosion. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. Vol 63 Page 174 Commissioners Court meeting April 20, 2010 9 The next matter for consideration was a payment authorization in the amount of $2,500.00 for digital forensic analysis services and expert witness testimony in a child pornography case. No purchase order was requested prior to the work being performed. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $7,7179.00 for crime scene analysis services and expert witness testimony in a murder case. No purchase order was requested prior to the work being performed. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports received in March 20102 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 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Vol 1 33 Page l 5 Commissioners Court meeting April 20, 2010 10 Brazos County Events Facilities Road & Bridge Tax Assessor /Collector Sheriff 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 following spoke: Commissioner Mallard a) Attended meeting at the EOC and showed the Court a video on social media. Michelle Meade also spoke on the topic. The world is changing he stated and he would like to see a Workshop on this topic. b) He would like to have a health insurance consultant come talk to the Court about changes from the government Commissioner Wassermann a) He wants to look at the mail box regulations in the Subdivision and Development Regulations. Developers are expecting information and answers. The County Judge said for the Commissioner to meet with his secretary to get this on the agenda. Under citizen input and /or concerns, the following spoke: Vol 133 Page 6� Commissioners Court meeting April 20, 2010 Chief Deputy Mike Wilson a) There are 529 inmates in jail, 72 have electronic monitoring and 64 are pending for electronic monitoring. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 33 Page �� The foregoing minutes of the Commissioners Court meeting held April 20, 2010 have been examined and are approved in open Court this the day of 2010, in Bryan, Brazos County,_Texas. Coun Duane Peters Commissioner, Precinct 2 Commissioner) Precinct 4 Attest: iw 09�_ are McQueen C Lloyd Passermann Commissioner, Precinct 1 Kenny Mallarfl Commissioner, Precinct 3 Vol 133 Page b g BRAZOS COUNTY COMMISSIONERS COURT Meeting on C , 2010 Name Organization / Department f eJo I IQ� a �P�GY e JGI� U 1C�C kvGj'�`wSD�� 11Ud; tq L 1pe A)all -J,0 Z, r ` - �kf v P WA G �IA�Dt►4h5 e� 1 N *1tVe07A Q1 2 e r PAGE I of E Vol. 135 pg. BRAZOS COUNTY COMMISSIONERS COURT Meeting on o Q 2010 PAGE J — of 133 Vol. BRAZOS COUNTY, TEXAS $ V BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 27.1 thru 27.3 On this the 20` day of April 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 20 April 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20 day of April 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. __ __ pg. � I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 27.1 4/20/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Conti enc - General Fund 8,157.00 0100 91110000 DR, Transfer to Capital Im rovments 8,157.00 4500 49028000 CR Transfer fm General Fund 8,157.00 4500 63000500 80101007 DR Improvements - Detention Center AC 8,157.00 4500 63000500 65050000 CR Building Maintenance 19,639.00 4500 63000500 80101007 DR Improvements - Detention Center AC 19,639.00 General Fund Contingency and General Capital Improvement Fund To fund the additional cost of software needed for the two air handlers to be replaced at the Juvenile Detention Center. The Commissioners Court appr ed $ 8,157 on A ril 13, 2010 item 47. i The second item on this budget amendment for $ 19, 639 is to properly code the purchase of the air It d1ing units to be replaced at the Juvenile Detention Center for. Vol. 1 � aN BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 27.2 4/20/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 26,016.00 0100 91110000 DR Transfer to Capital Im rovements 26,016.00 4500 49028000 CR Transfer fm General Fund 26,016.00 4500 63000500 80292000 DR Equip ment - X -Ra 26,016.00 General Fund Contingency and General Capital Improvement Fund: To fund the cost of a new X -Ray Scannin Machine needed for the 29th Street Family Court Annex. Vol. 1,33 p g. 13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 27.3 4/20/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 316100 51610000 CR Hourl - Saff 3,821.00 3000 316100 53I00000 CR Social Security 29100 3000 316100 53200000 CR Retirement 456.00 3000 316100 53800000 CR Worker's Compensation 8.00 3000 49028000 DR Transfer from General Fund 4,577.00 0100 91320000 CR Transfer to Grants Fund 4,577.00 0100 1 31000200 1 51610000 DR Hourly -Saff 3,821.00 0100 31000200 53100000 DR Social Security 292.00 0100 31000200 53200000 DR Retirement 456.00 0100 31000200 53800000 DR Worker's Compensation 8.00 TJPC - Community Corrections & Juvenile Detention: To reallocate funds from TJPC - Community Corrections to Juvenile Detention for the reclassification of JPO II Probation Supervisor, class code 1867, pos 1, Group 20 Step 10 to Group 20 Step 6 and reclassifcation of Nurse, LVN Juv Det., class code 1841, pos 1, Group 17 Step 5 to Grou 17 Ste 9. *This action was approved by the Commissionor's Court on 4/13/2010. Vol. 133 p "� 4 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 20, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests r Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Expo Complex Holmes, Joshua Wilhelm, Jennifer Cooper, David Smith. Ronald Completed Probation Period New Hire New Hire Promotion JP 2 -2 Polk, Ruby New Hire Juvenile Mobley, Kristen New Hire Road and Bridge Curtis, Alfred Galindo, Calistro Greer, Kenneth James, George Russ, Chad Talley, John White, Kenneth Woods, Bobby Zdunkawicz, Patrick Approved in Commissioners' Court: April 20, 2i County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) AIM )3 �. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer Win Dept. Transfer w /in Dept. Transfer Win Dept. MEMORANDUM OF AGREEMENT TO PROVIDE FUNDING FOR THE BRYAN - COLLEGE STATION MOBILITY INITIATIVE OPERATIONS CENTER STATE OF TEXAS COUNTY OF BRAZOS This Agreement is by and between the Bryan- College Station Metropolitan Planning Organization ( BCSMPO) and The Texas Department of Transportation (I'xDOT) Bryan District, Brazos County (BC), the City of Bryan (CoB), the City of College Station (CoCS), Texas A&M University (TAMU), and The Brazos Transit District (The District), hereafter referred to as the "Patties." RECITALS A. These agencies through the BCSMPO have collectively agreed to cooperate to implement the Bryan- College Station Mobility Initiative (BCSMI) a community wide transportation operations program to promote safety and mobility B. Each of the agencies, TuDOT -Bryan Distdct, Brazos County, the City of Bryan, the City of College Station, Texas A&M University, and the Brazos Transit District have all agreed to be Partner agencies in the BCSMI . C. These agencies have jointly developed a multi- tasked plan to implement a community wide transportation program to promote safety and mobility. D. These agencies desire to provide annual funding to support the maintenance and operation of the BCSMI 1. Purpose The purpose of this Memorandum of Agreement is to define funding support for each partner agency of the BCSMI, including establishing a funding process and the allocation of costs associated with the maintenance and operation of the BCSMI Operations Center. The BCSMPO shall act as the payment agent on behalf of the sponsoring agencies. 2. Term of Agreement The term of this Agreement shall be effective when this Agreement has been duly approved by the Parties (termed the Effective Date), subject to the Parties' tights of termination in this Agreement. The initial term of this Agreement is from the Effective Date to August 30, 2013. After that, this Agreement automatically renews for up to a maximum of four (4) additional terms of twelve (12) months on September 1 of each year, subject to the Parties' rights of termination in this Agreement. REMOVED FROM THE GENDA: o2c'. Vol. 33 pg ]Ran Sims, County Judge date 3. Annual Operating Budget for BCSMI Pursuant to the Interlocal Agreement Project Management for the Planning, Development, Construction, Acquisition, Implementation, Operation, and Maintenance of the Bryan- College Station Mobility Initiative Center, the MPO through their BCCMI Project Manager, shall prepare and submit to the BSCMP Technical Oversight Committee an annual itemized budget for operating the systems, programs, and technologies deployed through the BCSML The proposed budget shall identify all proposed project management expenditures, including staffing, licenses, third party fees and services, and other associated expenditure related to implementing and managing the BCSMI. The BCSMPO Policy Committee is to approve the operating budget on or before March 31 of each fiscal year. Once approved by the MPO Policy Board each partner agency is to include their proportionate share in their next fiscal year's agency budget based on the agreed upon funding formula. 4. Funding Formula The proposed funding for the BCSMI shall be apportioned based on the BCSMI Funding Formula. The proposed funding formula has several components which are designed to allocate the cost of the BCSMI Operations Center on an equitable basis. The funding formula has seven elements. As shown in Table 1 below, each element has been assigned a weighted percentage as a part of the overall funding requirement. Each of these funding elements are discussed in detail below: Table L Allocation of funding requirements across the components of the BCSMI F und i ng Formula. Funding Element % Base Funding 20% Deployed Equipment 20 Signal Coordination 20% Transit Operations 10% Data Collection 10 Incident Management 10 Real Time - 10 100% Base Funding. Twenty percent (20 9 /6) of the total operating budget is anticipated to support basic BCSMI activities. Each sponsoring agency will contribute equally (3.33 %) to the base funding to support the operations of the BCSMI. Deployment of Equipment. The second funding component is based on the acquisition of equipment for various partner's traffic operation systems with federal earmark funds to create the infrastructure for the project. 20% of the total annual operating budget is anticipated to be used in support of operating and maintaining the new technologies deployed by the BCSMI. These funds will be divided among funding partners who receive new equipment acquired with federal earmark funds. The following shows the relative contribution of each agency needed to provide operational support of the deployed equipment: 1.06% for TxDOT, 8.39% for CoB, 8.39% for CoCS, 1.06% for TAMU, and 1.06% for the District. Von. 133 P � 7 Signal Coordination. Because one goal of the project is to improve traffic signal operations across jurisdictional boundaries, a total of 20% of the total BCSMI Operating Budget will be allocated to this component. Three of the partners (City of Bryan, City of College Station, and TxDOT -Bryan) operate traffic signal systems. Funding will be distributed based on a 2005 inventory of traffic signals in their r respective systems. This inventory found the following number of traffic signals operated by each jurisdiction — 65 signals operated by the City of Bryan, 75 signals operated by the City of College Station, and 9 traffic signals operated by the TxDOT. Each agencies relative contribution to the total BCSMI Operating Budget is 1.21% for TxDOT, 8.72 % for CoB, and 10.07% for CoCS Transit Operations Transit operators have been assigned 10% of the total funding requirement Only two agencies are responsible for operating transit systems: TAMU and the District. This portion of the BCSMI Operating Budget will be divided equally.between these two partners. Each partner's relative contribution is 5 % of the total operating budget. Data Collection Incident Management and Real Time Data. The BCSMI is being designed to provide capabilities to a) collect and store traffic data for planning purposes; b) efficiently manage traffic incidents; and c) provide real time traffic data for use by transportation managers and the public. Thirty percent of the total operating budget is anticipated to support data collection, incident management, and real -time data dissemination activities. Each funding partner will contribute equally (5.01 %) to supporting these activities. 4.1. Subject to Appropriations Notwithstanding any requirements within this agreement, all allocation of funding to sponsoring agencies of the BCS Mobility Initiative will be subject to annual appropriations by the governing body of each sponsoring agency. In the event, a sponsoring agency fails to appropriate funds, the Project Manager shall adjust the BCS Mobility Initiative Operations Center budget to reflect any reductions resulting from a failure to appropriate by a sponsoring agency. 4.2. Annual Contribution The sponsoring agencies agree to make annual contributions to the BCSMPO towards the support of the maintenance and operation of the Operations Center based on the allocation resulting from the funding formula on or before November 1. 5. Termination This Agreement may be mutually terminated by the parties before the expiration of the term of the agreement. The Agreement may be terminated for cause due to a material failure to perform which has not been remedied within thirty (30) days of written notice of the breach, or failure to implement services contemplated in the annual Work Program. Also, each individual partner may termnate at any time, paying what is due to the initiative at that time. 6. Miscellaneous 6.1. Amendments This Memorandum of Agreement may be amended in writing. The proposed amendment will be submitted to the BCSMPO Technical Oversight Committee for review and recommendation to the Policy Committee for approval. Vol. pg. 7 6.2 Entire Agreement The entire agreement among the Parties is contained herein and no change in or modification, termination, or discharge of this Agreement in any form whatsoever is valid or enforceable unless it is in writing and signed by duly authorized representatives of the Parties. 6.3 Authority of Signatories Each Party represents to the other Party that the representative signing this Agreement on its behalf has been duly authorized by its governing body in compliance with Texas law. 6.4 Exhibits The Exhibits, which are attached hereto and described below, are incorporated herein and made a part hereof for all purposes. 6.5 Counterparts and Multiple Originals This Agreement is effective as of the Effective Date set forth in this Agreement. This Agreement may be executed simultaneously in one or several counterparts, each of which is deemed to be an original and all of which together constitute one and the same instrument. The terms of this Agreement become binding upon each Parry from and after the time that it is executed by the Parties. The counterparts may be signed in multiple originals to allow each Party to have an originally signed counterpart for each Party. The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the Parties. 6.6 Dispute Resolution The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by the parties. Bryan- College Station Metropolitan Planning Organization Texas Department of Transportation Bryan District Brazos County By Date: (O 4 Vol. pg. 7 � City of Bryan City of College Station By: Texas A &M University Date: Brazos Transit District M Date 1 d 5 i Ln U m L- O 4-- �A co tLo C 4- L Q O Q N Q L TH c-I O N LL N N N } LL L W N C O Y A L CI M O m . C O t 0 CL CL 3 O N L 0 2 m v d 0 a O L CL N N O N } LL C w C H U tL O w a m V m C Y m l d a D m 3 c c v m 0 O CL 0 M . N d u C N a d c t m CL 0 Y O U m M m a O u U [C 7 C C Q 0 O C O 3 N 0 'O m O CL O a P r 0 0 o � O N N � M � N O 01 C 1= n v m L m CL m L CL RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to extend Annual Contract for Truck Scale Maintenance, in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will be for the period beginning 4/20/2010 through 4/19/2011. FAIRBANKS SCALES Autho iz@ Signature BRAZOS COUNTY 1 Ige Vol. 133 Date gist �ieo Date RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract — Construction Materials Testing, in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will be in effect upon approval by Commissioner's Court. TERRACON P Authorized Signature tD Date BRAZOSCOUNTY Date Vol. Pg. 0 ORIGINAL MEMORANDUM TO: Randy Sims, County Judge Lloyd Wassermann, Commissioner Duane Peters, Commissioner Kenny Mallard, Commissioner Irma Cauley, Commissioner FROM: Tom Quarles, Director of Special Event Facilities DATE: April 13, 2010 I respectfully request approval of the following fee additions /changes for the Brazos County Exposition Complex effective immediately for events not currently on the books: North Covered Arena- Equestrian Events (current) Horse Stalls Rented Arena Fee 0 -60 stalls per day $1200 per day 61 -99 stalls per day $1000 per day 100 -149 stalls per day $ 500 per day 150 or more stalls per day fee waived *Use of the Arena during non show move - in/move -out day is $400 *Arena fee on multiple day shows based on the largest number of actual stalls rented for any given show day with a 61 stall minimum fee *Horse Stall rental is $15 /one day, $25 /two days and $35 /three days North Covered Arena- Equestrian Events (proposed) Horse Stalls Rented 0 -60 stalls per day 61 -99 stalls per day 100 -149 stalls per day Arena Fee $1500 per day $1200 per day $ 800 per day 150 -179 stalls per day $ 400 per day 180 or more stalls per day fee waived *Use of the Arena (four hours maximum) during non show move - in/move -out days is $400 per day for multiple day events or $600 for a single day event *Arena fee on multiple day shows based on number of actual stalls rented for each specific day of the event *Horse stall rental is $15 per day North Covered Arena- Livestock Events (current) Cattle Panels Rented Arena Fee 0 -99 panels per day $1200 per day 100 or more panels per day $700 per day Vol. 133. p Z4 North Covered Arena- Livestock Events (proposed) Cattle Panels Rented Arena Fee 0 -99 panels per day $1500 per day 100 -149 panels per day $1000 per day 150 or more panels per day $800 per day Arena Concert, Circus or Other Dirt Event (non equestrian /livestock) *Currently $1500 per event rental day if non ticketed and $2500/10% of audited gross ticket sales (whichever is greater) if ticketed Proposed $2000 per event rental day if non ticketed and $2500/10% of audited gross ticket sales (whichever is greater) if ticketed New Covered Warm -Up Arena (proposed) Proposed $600 per event rental day when utilized for actual event. Highest booking priority given to equestrian events Pavilion Events *Currently $500 per event rental day and $250 per day for move - in/move -out days per Pavilion Proposed for East and West (new) Pavilions, $800 each per event rental day and $400 each per day for move - in/move -out days per Pavilion for all non equestrian/livestock events in which stalls /panels are not rented/set up for actual event. Current fees would remain the same for all qualifying equestrian/livestock events. RV Space Rental *Currently $20 per night Proposed $30 per night South (new) Covered Arena (proposed) * Fees for each Covered Arena considered separately Horse Stalls /Cattle Panels Rented Arena Fee 0 -60 stalls per day $1200 per day 61 -99 stalls per day $800 per day 100 -149 stalls per day $600 per day 150 -179 stalls per day $400 per day 180 or more stalls per day fee waived 0 -99 panels per day 100 -149 panels per day 150 or more panels per day $1200 per day $800 per day $600 per day If a single event rents both Covered Arenas, the fees for each Arena are considered separately per the quantity of equipment rented as documented herein. Use of each Arena during non show move - in/move -out days is $400 per arena per day for multiple day events and $600 per arena for single day events Exhibit Hall (current) Room Fee College Station $375 per day Bryan $375 per day Brazos B $425 per day Brazos C $425 per day Brazos A $1200 per day Entire Exhibit Hall $2500 per day Exhibit Hall (proposed) Proposed that fees remain the same except for Brazos rooms B and C. The fee for each of these rooms is $500 per event rental day. New Rooms In Expanded Exhibit Hall (proposed) Three large exhibit rooms in expanded Exhibit Hall are $500 each per rental day. The two smaller "break -out" rooms in expanded Exhibit Hall are $300 each per rental day if the event moves out before S:OOpm Monday — Friday. For events that move -out after S:OOpm on weekdays or for events held on Saturday or Sunday, the fee would be $400 per rental day for each smaller "break -out' room. Thank you for your consideration. APPROVED: Sims, County Judge date Vol. 33 Pg.