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HomeMy WebLinkAbout2010-06-22-9:00AM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 JUNE 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizens' input and/or concerns. 3. Presentation by The Research Valley Partnership: The Research Valley Partnership's Ten Year Return on Investment (2000 — 2009). Consider and take action on agenda items 4 — 21: 4. Budget Amendment 09/10 — 36.1 thru 36.6. 5. Personnel Change of Status. 6. Contract with the Brazos Valley Retired Senior Volunteer Program (RSVP) for Fiscal Year 2010. 7. Payment of Claims. 8. Interlocal Agreement with the City of Bryan and the City of College Station in support of the 2010 Byrne Justice Assistance Grant Program. 9. Request for Brazos County to continue participating in the Brazos Valley HOME Consortium, with Burleson County as the lead entity - Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361 -4503 Vol. 13µ pg. 175 Commissioners Court Agenda 15 June 2010 Page 2 10. Resolution 10 -011 authorizing the County Judge to execute the Interlocal Cooperative Agreement for the Brazos Valley HOME Consortium on behalf of Brazos County. 11. Permission to accept donated property in the form of a fuseball table and board games for the Juvenile Services Department; estimated total value: $120.00. 12. Tax Refund Applications for the following: a. Anthenette Morrison Osborn b. Capital Title of Texas LLC c. Charles D. Welch d. E. W. Brown e. American Home Mortgage Inc (2) f Wolf Pen Creek LLC 13. Change Order #14 in the amount of $840.00 to Building Abatement Demolition Company for additional abatement work at the Brazos County Courthouse that is outside of the approved amount, bringing the total to $109,890.00. 14. Change Order #2 in the amount of $28,698.00 to Collier Construction for a portion of the cost to include an audio system in the Exhibit Hall of the new addition. The remainder of the funds for this project will come from the construction contingency; total of the change orders for this project is $2,017,750.00. 15. Request for permission to enter Roy Novosad's property located off Dick Elliott Road with county equipment and personnel for access to the Charles Todd property where the County will re -work channel for roadway and right of way drainage purposes for the health, safety and welfare of the general public. Site is located in Precinct 2. 16. Request for Verizon Communications to construct an 80 ft. road bore and approximately 2,150 ft. of buried cable installations in the right of way of Old Reliance Road at a minimum depth of 30 inches. Site is located in Precinct 2. 17. Request for permission to enter property belonging to J. C. Thompson, Jr. located off South Dowling Road to re -work a drainage channel for the health, safety and welfare of the general public. Site is located in Precinct 1. 18. Request from OSR Water Supply Corp. to place 840 ft. of 2 inch PVC pipe within the right -of -way of Old Spanish Trail. Site is located in Precinct 4. 19. Brazos County District Clerk Archival Plan to collect a $5.00 archival filing fee for each non - family civil district court case filed in Brazos County, effective I October 2010. 20. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney, and §551.0725 of the Texas Government Code for deliberation regarding a contract being negotiated. 21. Consider and possible action on the Executive Session. VIA X34 Pg. l7 22. Announcement of interest items and possible future agenda topics. 23. Call for citizens' input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn Vol. ?3 pg ---173 ---- Commissioners Court Agenda 15 June 2010 Page 3 Commissioners Court Agenda 15 June 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 1 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 speakers 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. 93y pg. 1-7$ COMMISSIONERS' COURT REGULAR MEETING JUNE 22. 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, June 22, 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; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Eric Caldwell, Director of the Information Technology Department a) Discussed the Voice Over IP system at the Sheriff's Administration Building saying that it will be initiated on Friday afternoon. The Brazos County Detention Center will be converted as well on that date. b) Showed some screen shots from a vendor for the Vol 13q Page 1761 Commissioners Court meeting June 22, 2010 criminal justice software. 2 c) Discussed forming a selection committee to find software to replace TSG. He said that although CIRA is good, and a viable solution, it does not appear they will be ready soon enough to meet the county's needs. There will be a CIRA board meeting on July 9th at 9:00 a.m. if the Commissioners want to attend. Sheriff Chris Kirk a) There were 584 inmates in jail, 46 have monitors and 44 are pending for monitors. The Court next heard a presentation by the Research Valley Partnership titled The Research Valley Partnership's Ten Year Return on Investment Years 200 -2009. Todd McDaniel and Bob Malaise, representatives of the Research Valley Partnership gave the presentation citing the economic impact the companies assisted by RVP have had on the cities and the county. They quoted figures for additional revenues including salaries, permanent jobs created, taxable spending, properties added to tax rolls, sales taxes collected, etc. Chuck Martinez, also with the Research Valley Partnership spoke on "Building on Innovation" which is a process of building infrastructure to promote a culture of entrepreneurship and to support the transfer of ides into the global marketplace to develop top talent and companies right here in the Brazos Valley. Vol IM Page l8D Commissioners Court meeting June 22, 2010 3 The Court next considered Budget Amendment #09/10 -36.1 through 36.6 that would transfer funds from Court Support Cost to Court Annex, from Contingency to Court Support; reallocate funds for Juvenile Services -TC Parole, Juvenile Services, Tax Assessor /Collector, District Attorney. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment 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 changes as submitted. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Valley Council of Governments for the Retired & Senior Volunteer Program. The cost to Brazos County will be $3,500.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contractual agreement with the Brazos Valley Council of Governments. A copy of the contractual agreement is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: Vol 34 Page 19 Commissioners Court meeting June 22, 2010 4 7075654 through 7075956 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration was an Interlocal Agreement with the City of Bryan and the City of College Station in support of the 2010 Byrne Justice Assistance Grant Program. The funds received from this grant are used to purchase and upgrade technology installed in the patrol vehicles. This year's funds will be used to enhance the digital video camera systems in the patrol vehicles. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Interlocal Agreement. A copy is attached. The Court next considered a request from the Brazos Valley Affordable Housing Corporation to continue participation in the Brazos Valley HOME Consortium with Burleson County as the lead entity. Paul Turney, was present to answer questions. Tina Snelling, Civil Counsel asked about the donation of foreclosed properties and was informed that this was not a requirement for participation. Mr. Turney went on to say that Brazos County has been participating since 2002 and that renewal is usually automatic but since there is a Vol 134 Page i f a Commissioners Court meeting June 22, 2010 KI change in the lead entity, he brought it to the court. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to continue participation in the Brazos Valley HOME Consortium with Burleson County as the lead entity. The next matter for consideration was adopting Resolution 10 -011 authorizing the County Judge to execute the Interlocal Cooperative Agreement for the Brazos Valley HOME Consortium on behalf of Brazos County. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to adopt Resolution 10 -011. A copy is attached. The Court next considered authorizing acceptance of donated property from Susan Corapi. Ms. Corapi is donating a Fuseball table and board games for the use of the Juvenile Services Department. Estimated value of the property is $120.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the donated property. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Anthenette Morrison Osborn, over payment $10.42 b. Capital Title of Texas, over payment $35.84 c. Charles D. Welch, over payment $10.00 d. E. W. Brown , over payment $6.01 Vol 134 Page 193 Commissioners Court meeting June 22, 2010 6 e. American Home Mortgage, Inc., over payment $65.84, and $111.01 f. Wolf Pen Creek LLC, over payment $187.61 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered Change Order #14 in the amount of $840.00 to Building Abatement Demolition Company for the removal of an additional 70 linear feet of thermal system insulation at $12.00 per linear foot for removal and proper disposal. This is for the Courthouse remodeling project. The Change Order increases the total contract amount from $109,194.00 to $109,890.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve Change Order 414. A copy is attached. The Court proceeded to consider Change Order #2 in the amount of $28,698.00 to Collier Construction to cover a portion of the cost to include an audio system in the Exhibit Hall of the new addition to the Exposition Complex. The Change Order will increase the contract amount from $10,060,052.00 to $10,088,750.00. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve Change Order #2. A copy is attached. Vol 3'i Page L 84 Commissioners Court meeting June 22, 2010 7 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 Roy Novosad on Dick Elliott Road in Precinct 2 to access the property of Charles Todd where the County will re -work the roadway and right -of -way for drainage purposes. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work, The Court next considered the request from Verizon Communications to construct an 80 foot road bore and approximately 2,150 feet of buried cable installations in the right -of -way of Old Reliance Road at a minimum depth of 30 inches. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. 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 Vol 13� Page 185 Commissioners Court meeting June 22, 2010 8 permission to enter the private property of J. C. Thompson, Jr. on South Dowling Road in Precinct 1 to re -work a drainage channel. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered the request from OSR Water Supply Corporation to place 840 feet of 2 inch PVC pipe within the right -of -way of Old Spanish Trail. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from OSR Water Supply Corporation, authorized the installation and correct the clerical error on the agenda to read OSR rather than OSF. A copy of the request is attached hereto. The next matter for consideration was the proposed Brazos County District Clerk's Archival Plan for the preservation and restoration of archived records. Marc Hamlin, District Clerk Stated that his office will continue to collect the fee until an amount is reached that will help preserve records. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the proposed plan. A copy is attached. Vol 134 Page 186. Commissioners Court meeting June 22, 2010 9 At 9:46 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to consult with an attorney as allowed under Section 551.071 of the Texas Government Code and for deliberation concerning a contract being negotiated as allowed under Section 551.0725 of the Texas Government. Candy Gallego, Executive Assistant, Irene Jett, Budget Officer, Tina Snelling, Civil Counsel, Katie Conner, County Auditor, Ruth McLeod, Administrative Assistant, Jennifer Salazar, Human Resources Director, Bill Ballard, Civil Counsel and Debbie Lockledge, Administrative Assistant were asked to remain for the meeting. At 10:15 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Talked with Glen Brown with the City of College Station in reference to the death of Councilman Stewart. As of yet funeral arrangements are pending. His family is trying to have his remains returned home from Africa. He will let us know about funeral arrangements as soon as they are finalized. Vol I r l Page M Commissioners Court meeting June 22, 2010 10 b) American Airlines will be using planes at Easterwood Airport that will require an upgrade to the airport costing over a million dollars. There was no citizen input and /or concerns. 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 13q Page IMF The foregoing minutes of the Commissioners Court meeting held Jurie 22, 2010 have been examined and are approved in open Court this the day of , 2010, in Bryan, /-- fig t cC./LC.I.���t LloydiWassermann Commissioner, Precinct 1 Duane Peters Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 a LO — Irma Cau t e Commissioner, Pre ct 4 Attest: Karen McQueen County Clerk Vol I/O Page (99. BRAZOS COUNTY COMMISSIONERS COURT Meeting on f` 2010 @ 9'Q© 7 Name Organization / Department nn l s.d . PAGE of Z 9 '__ BRAZOS COUNTY COMMISSIONERS COURT Meeting on l � ,2010@ Ifr (qU f Name Organization / Department C` PAGE Z of Z Vol. (:34 Pg l q) L/ V WV f L(Ly-CA c. PAGE Z of Z Vol. (:34 Pg l q) BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 36.1 thru 36.6 On this the 22 °d day of June 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 22 June 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 22 °d day of June 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. County Judge Original: ' County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 134 pg. 19 a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 36.1 A122/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11010000 51641000 CR Visitin Jude 2,300.00 0100 1I010000 51642000 CR Visiting Bailiffs 2,000.00 0100 11010000 53100000 CR Social Security 329.00 0100 11010000 53600000 CR Worker's Comp. 44.00 0100 22900100 51641000 DR Visiting Jude 2,300.00 0100 22900100 51642000 DR Visiting Bailiffs 2,000.00 0100 22900100 53100000 DR Social Securily 329.00 0100 22900100 53800000 DR Worker's Comp. 44.00 Court Support and Court Annex: To move funds from the Court Su mort Cost Division to Court Annex Division to allow for tracking of these costs in the the Court Annex division. Prepared By fd Date E,4;" n-, __61141301U' Vol. 13q Par L �3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 36.2 6/2212010 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 200,000.00 0100 1 1010000 71040000 DR Contract Placement 200,000.00 Court Su ort Cost and General Fund Contingency To reallocate funds for additional contract placement. Prepare36Y rfj Vol. 134 Pg. 1014 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09/10 - 36.3 6/22/2010 FUNDI DIV I ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 31010000 71500000 CR Rental - E ui ment 850.00 0100 31010000 67203000 DR Minor Computer Hardware 850.00 Juvenile. TYC Parole Reallocation of funds to purchase a computer for Surveillance Officers. Vol. 13� Pg. 115 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 36.4 6122/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 72090000 CR Auditor - External 700.00 0100 31000100 67281000 DR Equipment - Electronic 700.00 Juvenile Services: Reallocation of funds to purchase a PA system for department meetin s and trainin s. Vol. 13 pg. l�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 36.6 612 212 01 0 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 0100 13000100 60500000 CR Office E ui ment 905.00 0100 13000100 67281000 DR Equipment - Electronic 905.00 Tax Assessor Collector: Reallocation of funds to purchase IP Camera and connection for payment drop box located in front section of Brazos County Tax Office. Vol. 1 3'i pg. l q7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 36.6 6122/2010 FUNDI DIV I ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease 0100 19000100 1 60500000 CR Office Equipment 715.78 0100 19000100 67281000 DR Minor Equipment - electronic 715.78 District Attorne Reallocation of funds to purchme a fax machine for their office. Vol. 13' Pg. 9 8 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 22, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Department Submitting Employee Request Action Requested Request(s) Applies To Auditor Lockledge, Cynthia Resignation Brazos Center Rueda, Albert Termination Building Maintenance Ochoa, Delia New Hire Juvenile Adepoju, Ibukun Resignation Benavides, Martha State Stipend Hampston, Ronnie Resignation Thomas, Neshae State Stipend SO Jail Aldridge, Patricia Termination Approved in Commissioners' Court: June 22, 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. — 134 F V HI5 Xkg CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS Brazos County, Texas and the Brazos Valley Retired Senior Volunteer Program,. under the sponsorship of the Brazos Valley Council of Governments Brazos Valley Area Agency on Aging and hereinafter referred to as RSVP for the covenants and consideration herein expressed, mutually agree to the following terms and conditions: I. The term of this agreement is for approximately twelve months, commencing October 1, 2009 and ending September 30, 2010 unless terminated at an earlier time. Brazos County, Texas agrees to pay the total sum of $ — 3,500 to RSVP in a single payment on or before March 31, 2010. All payments will be payable to the Retired and Senior Volunteer Program and mailed to their current address: PO Drawer 4128, Bryan Texas 77805 -4128. II. RSVP agrees to provide the service of its program to the citizens of Brazos County. There is not established any definite program of assignments; but, the number of volunteers and assignments can be changed throughout the term of this contract by agreement of all parties. RSVP does agree to address the mutual goals of RSVP and Brazos County, Texas by assisting with volunteer recruitment for: • Volunteer tax preparation for residents of Brazos County; • Senior volunteers serving in programs sponsored by Texas Cooperative Extension; • Senior volunteers assisting with library programs; • Senior volunteers assisting with area youth activities; • Senior volunteers assisting with county health department and clinics; • Senior volunteers providing clerical support to county and city offices; • Senior volunteers assisting Brazos County Emergency Management with a Volunteer Center for Annex T Donations Management; and • Senior volunteers providing support as Community Emergency Response Team (CERT) volunteers. IIl. Volunteer placements will be made as appropriate at volunteer workstations throughout the community. All workstations will have a signed Memorandum of Understanding on file with RSVP. IV. Contract for Funding RSVP by Brazos County Page 1 of Vol. 134 Pg. goo Any invention of literacy or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station and the Volunteer shall have the right to produce additional copies and distribute to the general public. Volunteer Station may consent to other uses by the Volunteer. V. Volunteers shall comply with all the rules and standards exercised by the employees in the department to which she or he is assigned. VI. The County Judge or his delegate shall have the authority to represent Brazos County and make any further agreements necessary to administer and effectuate the terms and conditions set forth herein. VII. The Volunteers will not receive any pay from a Volunteer Station for their services, they will not be considered an employee and this service will be considered as voluntary contribution to the betterment of the community and the public purpose of Brazos County. VIII. Since the Volunteer is not a party to this agreement, the Volunteer Station may require Volunteers who accept service to sign other instruments setting forth other terms and conditions between the Volunteer Station to amend or rescind this contract by mutual agreement. Ix. RSVP shall fumish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by RSVP. x RSVP shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Contract for Funding RSVP by Brazos County Page 2 of 4 �' Vol. r 3 `' Pg. o� XI. The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. M i� The parties hereto agree that RSVP shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance or self coverage to insure against damages and liabilities which may arise due to the duties and obligations funded herein. XIII. The County and RSVP state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. XIV. This Agreement shall be executed in and shall be governed by the laws of the State of Texas. XV. All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Retired Senior Volunteer Program c/o Brazos Valley Council of Governments Tom Wilkinson, Executive Director P.O. Drawer 4128 3991 East 29th Street Bryan, Texas 77805 Brazos County c/o Commissioners Court Brazos County Courthouse 300 200 So. Texas Ave. No. 332 Bryan, Texas 77803 Contract for Funding RSVP by Brazos County Page 3 of 4 3 aoa Vol. Pg. XVI. As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XVII. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XVIII. In the event that any of the provisions or portions thereof, of this Agreement, is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIX. This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XX. This Contract is not assignable by RSVP without the prior written consent of the County. IN WITNESS WHEREOF, the parties to this agreement have set their hands for the above stated contract period, the OA day of -,-�(-A rns, 2010. IM Randy Brazos County Judge BRAZOS VALLEY COUNCIL OF GOVERNMENTS Contract for Funding RSVP by Brazos County Page 4 of 4 Vol. 13 Pg a o3 INTERLOCAL AGREEME NT BETWEEN BRAZOSCOUNTY THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN For 2010 Byrne Justice Assistance Grant (JAG) program Award This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County ,,), acting through its Commissioners, Court, the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan "), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College.Station, and Bryan are required to enter into an inter -local agreement designating one joint applicant to serve as the applicant/fiscal agent -for thejoint funds; and WHEREAS, College Station will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also ]mown as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement' WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, College Station agrees to provide the County $13,739.70 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station agrees to provide Bryan $55,550.05 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station shall use their $22,308.25 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above, 1 Vol. 3 Pg. �4 Contract No. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: I. College Station agrees to pay the County a total of $13,739.70 of JAG funds. 2. The County agrees to use the $13,739.70 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. College Station agrees to pay Bryan a total of $55,550.05 of JAG funds. 4. Bryan agrees to use $55,550.05 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. College Station agrees to retain a total of $22,308.25 of the JAG funds. 6. College Station agrees to use $22,308.25 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2011. 12. INDEMNIFICATION. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement 13. CONSENT TO SUIT. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. Vol. 1.34 Pg. P-05 Contract No. 15. Written 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 business address as listed herein. City of College Station: City Manager City of College Station P. 0. Box 9960 College Station, Texas 77842 City of Bryan: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 Brazos County: County Judge Brazos County 200 South Texas Ave., Suite 332 Bryan, Texas 77803 14. 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. Nor 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. 15. 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. 16. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 17. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 18. Authority to Enter 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 corporations. 19. Waiver. 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 anyway 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 any other different or subsequent breach. Vol. Pg. 20& Contract No. 20. Agreement head. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 21. 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 parties to this Agreement. 22, Multiple Originals. 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. Vol. 13q pg. a07 BRYAN, TEXAS RESOLUTION OF THE COUNTY OF TEXAS APPROVING PARTICIPATION IN THE BRAZOS VALLEY HOME CONSORTIUM a.k.a. GREATER EAST TEXAS HOME CONSORTIUM AND AUTHORIZING THE EXECUTION OF THE INTER -LOCAL COOPERATION AGREEMENT WHEREAS, The National Affordable Housing Act of 1990, as amended, created the HOME Investment Partnership Program; and WHEREAS, the Act provides that units of general local governments that are geographically contiguous may form a consortium for the purpose of qualifying for a HOME formula grant allocation; and WHEREAS, the County of Texas, desires to enter into a legally binding Cooperation Agreement with other eligible contiguous local governments in the Brazos Valley Council of Governments jurisdiction and surrounding region; and WHEREAS, the Board of Directors of the Brazos Valley Council of Governments ( BVCOG) agree to appoint the BVCOG or a member government to serve in capacity as the Lead Entity: NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Texas approves the participation of the County of 1�fcz ®s Texas, in the Brazos Valley HOME Consortium, ak.a. Greater East Texas HOME Consortium, ak.a. and previously known as the Washington County HOME Consortium. BE IT FURTHER RESOLVED that the Commissioners Court of 'Bra }oM (lp ntby , Texas authorizes the County Judge to execute the Brazos Valley HOME Consortium Cooperation Inter-Local Cooperation Agreement. ADOPTED this _Q.)— day of JUAc , 2010. County Ju Randy Sims Brazos oumy, Texas ATTEST: Karen McQueen County Clerk ly n ' / �$ Resolution 10 -011 Vol. / P9. BRAZOS VALLEY HOME CONSORTIUM a/k/a Greater East Texas HOME Consortium a/k/a Burleson County HOME Consortium COOPERATION AND INTERLOCAL AGREEMENT WHEREAS, the United States Government, through the National Affordable Housing Act of 1990, has established the HOME Investment Partnerships Act Program ( "HOME" or "HOME Program ") and has designated the Lead Agency as a Participating Jurisdiction ( "PY) to administer such federal funds, subject to certain conditions, for the purpose of expansion and rehabilitation of the supply of decent, safe, sanitary, and affordable housing and to strengthen partnerships among all levels of government and the private sector; and WHEREAS, Section 216 (2) of the Act, 42 U.S.C. 12746, provides that a consortium of geographically contiguous or overlapping geographical areas within which separate legal governmental subdivisions operate can be considered to be a single unit of general local government for the purposes of receiving an allocation and participating in the HOME Program and a determination has been made by the United States Department of Housing and Urban Development that the Participating Governments and Lead Agency are geographically contiguous or overlapping geographical areas within which separate legal governmental subdivisions operate and are eligible to participate in the HOME Program; and WHEREAS, the Participating Governments and the Lead Agency recognize the need to address the regional issues of increasing the supply of permanent affordable housing for lower income households, and develop affordable and supportive housing opportunities for lower income persons and families and the homeless in the Consortium's region and have determined that it will be mutually beneficial and in the public interest to enter into an intergovernmental agreement regarding regional participation in the HOME Program; and WHEREAS, the Lead Agency desires to enter into an intergovernmental agreement with the Participating Governments to participate in a Consortium for the purpose of implementing a regional HOME Program authorized by the Act to enhance cooperation between jurisdictions and to maximize the use of resources available to local governments to affect the housing- related problems of lower- income people; and WHEREAS, the authority granted through the Interlocal Cooperation Act, Texas Government Code Chapter 791 permits local units of government to contract with other localities to perform any service or activity for which they are authorized to perform by law and to cooperate with other localities on a basis of mutual advantage; NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. Page 1 of 4 Home Consortium Interlocal Agreement Vol. 134 pg. °I 1. DEFINITIONS For the purpose of this Agreement, the terms defined in this section have the meanings given to them: A. "Act" means Title Il of the Cranston - Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. B. "Consolidated Plan" is a HUD required document. It serves as a planning document for the Consortium and a funding application under the Community Planning and Development formula grant programs (Community Development Block Grant ( "CDBG "), HOME, Emergency Shelter Grant (ESG) and Housing Opportunities for Persons with Aids (HOPWA). C. "Consortium" means the Participating Governments and Lead Agency acting pursuant to this Agreement. D. "HUD" means the United States Department of Housing and Urban Development. E. "Lead Agency" means Burleson County, designated to act in a representative capacity for itself and the Consortium for the purposes of implementing the HOME Regulations. Burleson County shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR part 92.10 I, including requirements concerning a Consolidated Plan. F. "Participating Governments" means Brazos County, and the participating entities in the Brazos Valley Council of Governments shall be designated as the Consortium. 2. PURPOSE The purpose of this Agreement is to form a Consortium of units of general local government to increase their ability to provide affordable housing for low -and moderate income residents. AGREEMENT A. Term: The parties agree that the term of this agreement shall be that period of time necessary to do and perform all activities that will be funded from HOME funds Awarded for the period of three Federal fiscal years commencing with the Federal Fiscal Year beginning October 1, 2010 and all parties are prohibited from withdrawing from the Cooperation Agreement during said period. B. Continuation. The parties agree to continue participating as a member of the Brazos Valley HOME Consortium established in 2002 for the purpose of Page 2 of 4 Home Consortium Interlocal Agreement Vol. ( 34 Pg. aro qualifying as a participating jurisdiction for receipt of federal funds through the HOME Investment Partnership Program. C. Cooperation: The parties agree they will affmnatively further fair housing with all distributed HOME Consortium funds under this Agreement in compliance with 24 CFR 92.350. The Parties agree that the Lead Agency is prohibited from funding activities in or in support of a Participating Government that does not affirmatively further fair housing within its jurisdiction or that impedes the Lead Agency's actions to comply with the Consortium's fair housing certification. The Consortium acknowledges noncompliance by the Participating Governments may constitute noncompliance by the Lead Agency, which may provide cause for funding sanctions or remedial actions by HUD. D. Lead Entity. Burleson County shall continue in the role of lead entity and shall contract with the Brazos Valley Council of Governments to act in a representative capacity for all member units of general local government and both entities shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal rules, regulations and requirements of the HOME Program, including requirements concerning a Consolidated Plan. E. Matching Funds. The members of the Consortium will not be required to provide matching funds for the proposed programs unless approved by the jurisdiction's authorizing public body. However, each participating unit of government agrees to assist the Consortium in identifying eligible matching funds, if available, and to offer nonproductive tax foreclosed properties to the HOME Consortium to be counted as a match, and to be redeveloped and put back on the tax rolls under new ownership. F. Program Year. The Consortium and participating members program year are the same for CDBG, HOME, ESG and HOPWA Programs. G. Automatic Renewal. This agreement provides for automatic renewal for participatory successive three -year qualification periods. The Brazos Valley Council of Governments, on behalf of the lead entity, will notify each participating unit of general local government in writing of its right not to participate for the successive three -year qualifying period. Failure to comply with the above will void the automatic renewal of the Consortium Agreement. 4. SPECIAL PROVISIONS A. Independent Contractor: The parties agree that, for the purposes of this Agreement, the Participating Governments are independent contractors and neither the Participating Governments nor any employee of the Participating Governments or an employee of the County. The Participating Governments are solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law Page 3 of 4 Home Consortium Interlocal Agreement 'l Vol. 3 — pg. B. Compliance with the Act: In the event that there is a revision of the Act and/or Regulations that would cause this Agreement to be out of compliance with the Act or Regulations, all parties to the Agreement shall review this Agreement to reasonably and in good faith renegotiate those items necessary to bring the Agreement into compliance. The Consortium will adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperative agreements set forth in a HUD issued Consortia Qualification Notice applicable for a subsequent three -year Consortia qualification period and the Lead Entity is authorized to make other modifications as needed to aid in the efficient and affective administration of programs to be funded under this agreement. Notice of any such amendment will be provided in writing to each member government of the Consortium. C. New Members. In the event new members wish to join the HOME Consortium during the initial or subsequent three year qualification period, other than the first year of a three year qualification period, the Chief Executive of the lead entity or the Executive Director of the Brazos Valley Council of Governments may amend this interlocal cooperation agreement to accommodate the new members and will provide notice in writing to all existing members of such changes. D. Amendments: All amendments to this Agreement must be in writing and signed by the Lead Agency and Participating Government(s). E. Severability: Invalidation of anyone or more of the provisions of this Agreement shall in no way affect any of the other provisions thereof, which shall remain in full force and effect. This Agreement maybe executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. In witness whereof, the parties have caused this Agreement to be executed by its duty authorized officers. Brazos Randy Attest: Judge Karen McQueen, County Cler Page 4 of 4 Home Consortium Interlocal Agreement Vol. l 3 PB• aia BUILDING ABATEMENT DEMOLITION COMPANY, INC. June 15, 2010 We are supplying the following information as a request for cost compensation for additional work to be completed to facilitate the ongoing remodeling project for the Brazos County Courthouse. Remove and Dispose of soft plaster ceilings from the two mech. rooms in the original portions of the building on the second and third floors. All abatement work will be conducted inside a full NPC. The work for this change will be to create an opening up through the building structure to install new boiler flew stack. Each opening area in the soft plaster ceiling will be Approximately 5'x5'. In the Mech. Room on the third floor we will have to construct a small platform over all plumbing and mech. apparatus to access the ceiling above. All work will be conducted during afterhours or weekends. LUMP SUM $3,200.00 Remove all soft plaster ceiling material from ceilings on the second and third floor mech. Rooms. LUMP SUM $ 6,400.00 Remove additional 70 LE of Thermal Svstem Insulation @ $12 00 per LF for the removal and proper disposal. yy LUMP SUM $ 840.00 If additional information is needed please feel free to call anytime. Regards, Jud Stringer, Manager 1501 COUNTY ROAD 25 LIBERTY HILL, TX, 78642 OFFICE 512. 778.6069 FAX 512.778 -6066 Vol. ) 3� Pg. :0 CHANGE ORDER AlA Document G701 PROJECT: Brazos County Exposition Complex Phase II (umne, address) 5827 Leonard Rd. Bryan, TX 77807 TOCONTRACIOR: Collier Construction, Inc. (name, address) PO Box 1889 Brenham, TX 77834 -1889 The Contact is changed as follows: Add audio system to Exhibit Hall (alternate 3 and 4) Not valid until signed by the Owner, Architect and Contractor. OWNER [ 1 ARCHITECT H CONTRACTOR [1 FIELD [ ) OTHER [ 1 CHANGE ORDER NUMBER: DATE: 6/17/10 PROJECT NO: 0908 CONTRACT DATE: 10/14109 CONTRACTFOR: The original (Contact Suns) (Cuamnfeed Mavinu,m e'j' was ...................... ............................... $ 8,071,000.00 Net change by previously authorized Change Orders ....................................... ............................... $ 1,989,052.00 The (Contact Sum) (Guavanimed Maxi.,,, Erire\ prior to this Change Order was ................ $ 10,060,052.00 The (Contact Sum) (Gwrantaed Mavimnm Biro\ will be (increased) erreased\ pined) y this Change Order in the amount of ...................... $ 28,698.00 .......................... .... The new (Contract Sum) (Guarrintearl Minimum Ecice)-including this Change Order will be ....... $ 10.088,750.00 The Contact Time wilt be (increased) (derreaeed) (-,,h�ng° =li by (5) days. The date of Substantial Completion as of the date of this Change Order therefore is changed. NOTE: This summary does not reflect changes in the Contract sum, Contract Time or Guaranteed Mw imum Price which have been authorized by Construction Change Directive. Jim Singleton Architects Collier Construction, Inc. County of Brazos ARCHITECT CONT'RACIOR OWNER 1711 Cavitt Avenue PO Box 1889 200 South Texas Avenue, #332 Address Address Address Bryan, TX 77801 Brenham, TX 77834 -1889 Bryan, r77 BY: BY: BY ._..._._..... DATE: DATE DATE: Alk DO( '1 MEN'] G7m • CHANGEORDER - 1997EDITION • AIAA • 01987 • THE AMERICAN INSTITUTE OF ARCHITECT'S, 1715 NEW YORK AVE., N.W., WASHINGTON, D.0 20006 6701 -1987 Vol. 13� Pg. glq vol. 13q Pg. C;2�1-5 a m O U m N O O O O O O O O O O O O E M O O W O O O7 O ppO �Opp (N C N N O �NO li r V tp � pOj n ' pU� U M pOp � O C a m o _ J N m O N o c c c `ttaUU' N m U W f- N C Y d N S N d O N u E o o c u m u a cp >>p O m O co O a c m= N m, m C C ._ U U N R W O) m m OI m 'G c > 0 41 r f9 mm l O p a j O CLL U ` im N O m M.E. a m O D] 12 ❑a m v �m s i cY�c 0o ae O) c 3 � o > y c ° mw 'o oc m 'c m c o LL O m m— Kw ��Z OC aKmm mKOU no 0 Im a8 C O vol. 13q Pg. C;2�1-5 O N O O O O Obi p O O,O , p O (gy(pp � pOj n 1� W 00 N pU� U pOp O O O d O) fA f9 t9 f9 j D] O) LL C C m d O m v pf m V � N U y � m m 9 N O O C C C m O � m £' u m c O O) C O a rn m a o c c N N # m a 9 it m m U w0 'm0 O cm O z �' o yE�dt rnoE 7 o aci£a m`o o mO m p N m m� m c U m@ m_ V o° E o E 0EE m N x U m m U K U L N v p�0'Q d pLL' n G NU o 0 fro a O m m Li > > vol. 13q Pg. C;2�1-5 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 22, 2010 ITEM: Request from Verizon Communications to construct an 80 ft. road bore and approximately 2,150 ft of buried cable installations in the right of way of Old Reliance Road at a minimum depth of 30inQhes. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: Placement of 2,150' along, parallel to and 5' inside the right of way of Old Reliance Road from Wallis Road to Venice Drive (private road); then construct 80' road bore for 4" PVC. REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to he right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc, from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC2010 -039 This R Date: APPROVED BY: Commissioner Duane lyeters Precinct 2 Commissioners' Court Vol. I 3# Pg. 621 veri on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 JUNE 2, 2010 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Arnold: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and a work location sketch showing the location of our proposed buried cable line on Old Reliance Road in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413- 3POAONG which is scheduled for 07101/1010. If you have any questions concerning this work, please contact Ricky Lancaster at our office in Bryan, telephone 979 - 821 -4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, qq n I! _^, V � G�i5,-� f -, Brenda Vajdak Supervisor — Network Engineer BV:ec Attachment Vol. ICJ 7 pg. 917 VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Installation June 02, 2010 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right -of -way of a County Road in Brazos, County, Texas as follows: Verizon Communications will place approximately 21 50' along, parallel to and 5' inside the County R.O.W. on Old Reliance Road from Wallis Road to Venice Drive. We will bore under Old Reliance Road for 80 feet and place 80 feet of 4 inch p.v.c. The cable will be a minimum of 30" deep. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after July 1 st, 2010. VERIZON COMMUNICATIONS ' ,-> Brenda Vajdak v `� Supervisor - Network Engineer 301 Industrial Blvd. Bryan, TX 77803 5413 — 3POAONG Vol. 134 Pg C2) S BV1 I I P 0 B.� m pN Y �N N NPO %_LL AT N1� "N�VN 0 Bfpm � C M 1/1 P Q / BN =n• � m \i pp M -fLL� a 3 � � • A�0 F• m1 :£�idu - �� d 4 o _mnm:NNa �� fi • w' N�mm ^d~rfn NyNy Qh � W NrN \pry NY1Y m NbU.I•'Ir .ry .1 N W P /N- Y. 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All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways , published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: SUBMITTED BY: APPROY�B 69 �• AA Richard F. Vance, P.E. Commtssto a ley County Engineer Precinct CC2010 -034 This Request is ApproveWDenied O by Commissioners' Court Date: Randy Sim�,Zounty Judge Vol. t 3 `� pg. ag REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 11II n,� Formal notice is hereby giv-Qn� at (applicant) propos _ place a (ty r 1 within_ across_ the right -of -way of (road) `l ! in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twer tv -femur inches /2a" 1 lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of thisf�ine will begin on or after thee&,Nr y of ', r la , 20—Lo Firm: � By; A40kAAA- u Title: Address: o POD X 1 I1DII .,m KA i u -7?k9l Phone: R-?VAC — S— APPROVED BY COMMISSIONERS' COURT ON: Date Randy SX, County Judge Vol. 13T Pg. ;1;1-3 y. rY/ 0 Vol. 13y — a .2 4 a r5 x N 2 m z O 0 Plan For Preservation and Restoration of Archived Records Presented by Marc Hamlin Brazos County District Clerk Updated May 10, 2010 aaS Vol. 1--- 3`�-- Pg' — Executive Summary SB 1685 provides for a fee not to exceed $5.00 to be imposed for filing of a suit, including an appeal from an inferior court, or a cross - action, counterclaim, intervention, contempt action, motion for new trial, or third -party petition, in a district court in the county. The District Clerk's Office wants to take advantage of new legislation that is designed to preserve archived records by adding an archive fee to each filing of a suit. This fee is to be dedicated to that task. The majority of the permanent records in the District Clerk's Office are paper based. These records are used by our office for the public and are vulnerable to loss by wear and tear. The purpose of this document is to define the restoration and preservation, digital capture, storage, retention and management of archive records belonging to the District Clerk. This Preservation and Restoration Records Plan is intended to be a "Living Document ". It will be updated as new products and procedures evolve. It is the intent of the District Clerk to follow guidelines set by the Texas State Library and Archives Commission. Goal The Goal is to capture and archive all cases prior to January 1, 1990, regardless of media type they currently are in, as efficiently as possible. The District Cleric's Office is also looking at restoring records, suspending or reducing deterioration of public records, improving the public access to these documents in a manner that reduces the risk of deterioration. Scope The scope of this document includes the following: • All District Clerk records filed with the District Clerk before January 1, 1990. • Plans to capture records electronically to improve public access. • Plans to restore and preserve records with significant historical value. • Future plans are to improve public and governmental access. This document addresses the restoration and preservation needs of the District Clerk Records Archive. No other departments are addressed. The effective date of this Act is September 1, 2009, and expires September 1, 2014. Vol. IM pg. 2 '-� te Inventory Currently the District Clerk's Office holds over 100 record books which includes indexes for Civil Cases, Divorces, Adoptions, Grand Jury Records, Felonies, and Misdemeanors. The District Clerk's Office also has approximately 80 boxes of historical cases many with historical significance. These cases include Civil, Divorce, Adoptions, and Felonies. Current Accessing Methods Records prior to January 1, 1990 are accessed by the public through a request to our office due to the cases not being imaged. Our office currently has to find the Index for the records we are seeking to obtain the cause numbers before we can physically pull the file to obtain copies for the public. These records are kept in our storage facility at 200 S. Texas Ave., Bryan, TX 77803. Restoration and Preservation Plan Fiscal Year 2010 - 2017'; It is the plan of the District Cleric's Office to scan a portion of the paper documents in house, lease an additional scanner, and fund temporary full or part time employees to capture all records filed in the District, Clerk's Office prior to January 1, 1990. These images will be integrated into the existing District Clerk records and retrieval systems and enhance the public's access to public records. The District Clerk plans to award bid to an outside vendor to restore and preserve all records with significant historical value. The restoration process will ensure the legibility of these public documents for future generations. Revenue collected and not expended in the fiscal year will be carried forward and used on other archive projects. Projected Revenue The County Auditor estimates the revenue this will bring in approximately $7,000.00 per year. Vol. pg, aa7 s Reference Number _ Page 1 of COMMISSIONERS COURT GTy�� oAx COMMUNICATION Date: 5/25/2010 SUBJECT: PUBLIC HEARING TO CONSIDER AN UPDATED PLAN FOR FUNDING THE PRESERVATION AND RESTORATION OF THE DISTRICT CLERK'S RECORDS ARCHIVE COMMISSIONERS COURT ACTION REQUESTED: It is requested that Commissioners Court hold a public hearing on June 18, 2010 at 3:30 PM located at 200 S. Texas Ave., Bryan, TX 77803, to consider an updated plan for funding the preservation and restoration of the District Clerk's record archive. A public notice has been published pursuant to Texas Government Code, Section 51.305 (notice attached). BACKGROUND: The District Clerk has over 100 record books, without any form of back -up and the archive copy on many is not legible. We have approximately 80 boxes of historical cases many with historical significance. Most of these are barely legible and would require varying degrees of restoration and preservation. Capturing these records in a digital format will enhance the public's access and our own access to the records. The District Clerk's office has equipment that can capture these documents; however, some additional equipment and storage space may be required. If any of the documents have deteriorated to a point which requires restoration, an outside vendor chosen by the county may be necessary to perform the restoration process. Temporary employees would have to be hired for this project. These steps would lead to the possibility of viewing all public record cases on the public accessed terminals in our office. This hearing is being called per Texas Government Code, Section 51.305, and newly passed legislation (SB1685) that now allows the District Clerk to collect a Records Archive fee (see attached Code Sections and legislation). I Z7 COMMISSIONERS C T APPROVED ❑ OTHER [describe] Judge Sig afore SUBMITTED BY: District Clerk PREPARED BY: Marc Hamlin ,Q Pi- Vol. ) 3 Pg.------- PUBLIC NOTICE The Brazos County Commissioners' Court will conduct a public hearing to consider an updated plan for the District Clerk's Archive Fund, authorized by SB 1685, 815` Legislative Session, amending Section 51.305 of the Government Code, to fund the preservation and restoration of the District Clerk's Records. The public hearing will be held on June 18, 2010 at 3:30pm in the Brazos County Commissioners' Courtroom, County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas. Vol. 134 pg. �Za %