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Home My WebLink About2013-08-13-10:00AM-REGUALR MEETING7 BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA -a P 3{ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 13, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 22: 3. Proclamation 13 -016 declaring September 2013 as National Preparedness Month. 4. Proclamation 13 -017 declaring Sepember 2 -8. 2013 as Brazos Valley Fair Week. 5. Request for approval of Out of State Travel for Brad McCaleb MPO Director, to at W 7 Request increase for the followina position effective September 1 2013. This chanae will increase the County Court at Law #1 FY 13 Budget in the amount of $1,180 00 • Increase Count Court at Law #1 Judge Class Code 0901 Position 1 Group 14 Steo 1, Pay Code 10 Biweekly Salary from $5.530.16 to $5.854.41. 8. Request increase for the following position effective September 1 2013. This chanae will increase the County Court at Law #2 FY 13 Budget in the amount of $1.180.00. • Increase Count Court at Law #2 Judge, Class Code 0902 Position 1, Group 14 Step 1, Pay Code 10, Biweekly Salary from $5.530.16 to $5.854.41. Vol. / 83 Pg. / 63 , r 9, Title IV -E Child Welfare Services FY2013 Contract # 23940058 - Amended 10, First Restatement of the Interlocal Agreement for the construction, acquisition, implementation, operation and maintenance of the Brazos Valley Wide Area Communications System 11. Interiocal Agreement for the Managing Entity by the Brazos Valley Council of Governments for the Brazos Valley Wide Area Communications System. 12, Consider and possible award of RFP#2013 -62 Site Work for Tax Office and Manual Requisition 13. Approval of requisition # 00043592 to CSC for Phase II ASI Report not to exceed $9.000.00. 14. 15. 16. 17. Tax Refund Applications for the following: • a. Darryl E. Shimshackoverpayment- $75.34 • b. Diamond Floor Covering-overpayment-$169.61 • c. Stoneridae Apartments - overpayment- $764.70 18. Commissioners Court minutes for the following dates: • a June 17 -July 19. 2013 - Budget Workshop Sessions • b. July 2, 2013 - Regular Meeting • c. July 9, 2013 - Regular Meeting • d. July 16. 2013 - Regular Meeting • e. July 22.26, 2013 - Budget Workshop Sessions • f. July 23, 2013 - Reaular Meetina • a. July 29. 2013 - Public Hearina 10:00 am • h. July 29. 2013 - Public Hearing 10:15 am • i. July 30, 2013 - Regular Meetina • i. July 31. 2013 - Special Meeting 19. Budget Amendments. Budget Amendments FY 12/13 44.1 - 44.5. 20. Approval of manual requisition to United Roofing in the amount of W250.00 00 for a Capital proiect to repair the Brazos Center roof drains. 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23, Acknowledgement of the Monthly Reports submitted in July 2013. 24. Sheriff's report on inmate population. Pg. /0 I 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns. 27. Adjourn. Vol. __ 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 witting on the agenda items and/or attend and make comment at the Commission meeting. Members of the pudic 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 16 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 61.024 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, w&or addressing the Court; in participating in public discussions before the Court; and in all actions in 1 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 inlention 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 staffer metal, 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 progeny 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 respord to public comments, except to coned 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. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77603 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) 3613102. Vol. BRAZOS COUNTY BRYANJEXAS MINUTES August 13, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Sianature Paae.pdf 0 File Stamped Aaenda.pdf LA Sian in sheet.pdf 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 10:00 a.m. on Tuesday, August 13, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, 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. Invocation and Pledge of Allegiance - Chaplain Jones led the Invocation and Judge Peters led the Pledge of Allegiance. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 22: 3. Proclamation 13 -016 declaring September 2013 as National Preparedness Month. D Item d The Court joined with the Mayors of the cities of Bryan and College Station to proclaim September 2013 as "National Preparedness Month" and to encourage all citizens and businesses to develop their own emergency preparedness plan and work together toward creating a more prepared society. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Proclamation 13 -017 declaring Sepember 2 -8, 2013 as Brazos Valley Fair Week. D Item 4.odf The Court joined with the Mayors of the cities of Bryan and College Station to proclaim September 2 -8, 2013 as "Brazos Valley Fair Week." Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 5. Request for approval of Out of State Travel for Brad McCaleb, MPO Director, to attend the Association of Metropolitan Planning Organizations (AMPO) Annual Conference in Portland, OR; dates of travel are October 21 -25, 2013. 0 Item 5.pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 6. Request from the Metropolitan Planning Organziation for variance of the county's travel policy regarding the maximum hotel rate of $85.00 for travel with no host hotel. Brad McCaleb attended the Texas Association of MPOs Executive Committee and General Membership Meeting in Austin, Tx. Best rate available was 104.99. Item 6 bdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann. 7. Request increase for the following position effective September 1, 2013. This change will increase the County Court at Law #1 FY 13 Budget in the amount of $1,180.00. 0 Item 7.odf Increase Count Court at Law #1 Judge, Class Code 0901 Position 1, Group 14 Step 1, Pay Code 10, Biweekly Salary from $5,530.16 to $5,854.41. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 8. Request increase for the following position effective September 1, 2013. This change will increase the County Court at Law #2 FY 13 Budget in the amount of $1,180.00. Item 6.odf Increase Count Court at Law #2 Judge, Class Code 0902 Position 1, Group 14 Step 1, Pay Code 10, Biweekly Salary from $5,530.16 to $5,854.41. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 9. Title IV -E Child Welfare Services FY2013 Contract # 23940058 - Amended S Item 9.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 10. First Restatement of the Interlocal Agreement for the construction, acquisition, implementation, operation and maintenance of the Brazos Valley Wide Area Communications System. D Item 10.0df A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 11. Interlocal Agreement for the Managing Entity by the Brazos Valley Council of Governments for the Brazos Valley Wide Area Communications System. 0 Item 11.odf A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 12. Consider and possible award of RFP #2013 -62 Site Work for Tax Office and Manual Requisition. The award of RFP# 2013 -62 Site Work for Tax Office and Manual Requisition was tabled. Motion: Table, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters Wassermann . 13. Approval of requisition # 00043592 to CSC for Phase II AS] Report not to exceed $9,000.00. Requisition #00043592 to CSC for Phase II ASI Report was removed from the agenda. Motion: Remove, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann . 14. Consider and take action on conditional acceptance of the roadways (Meadowcreek Drive, Sagewood Drive, Faircrest Drive, Cloud Lane, Stewart Drive, Meredith Lane, Leawood Drive and Pidmont Lane) of Meadowcreek Subdivision Phases 1, 2, 3 and 4A into the Brazos County road maintenance system. Site is located in Precinct 1. 0 Item 14.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Vol. � �_ t✓g. _�� Mallard , Peters , Wassermann . 15. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Broach Road. Crossing will be approximately 2,100' northeast of Castenson Road. Project will connect several oil wells in the area. Site is located in Precinct 2. t Item 15.3df Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 16. Request permission to enter private property owned by Homer L. Rice located on Homer Rice Road. Project will repair and patch pot -holes on the gravel roadway which leads to Mount Tiver Cemetery. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 4. *" Item 16.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 17. Tax Refund Applications for the following: ID Item 17.odf • a. Darryl E. Shimshack- overpayment - $75.34 • b. Diamond Floor Covering- overpayment - $169.61 • c. Stoneridge Apartments- overpayment - $764.70 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 18. Commissioners Court minutes for the following dates: • a. June 17 -July 19, 2013 - Budget Workshop Sessions • b. July 2, 2013 - Regular Meeting • c. July 9, 2013 - Regular Meeting • d. July 16, 2013 - Regular Meeting • e. July 22 -26, 2013 - Budget Workshop Sessions • f. July 23, 2013 - Regular Meeting • g. July 29, 2013 - Public Hearing 10:00 am • h. July 29, 2013 - Public Hearing 10:15 am • i. July 30, 2013 - Regular Meeting • j. July 31, 2013 - Special Meeting Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Budget Amendments. Budget Amendments FY 12/13 44.1 - 44.5. D Item 19.odf Vol. /br Pg. //0 44.1 Transfer funds from TYC Parole to Juvenile Services- Detention 44.2 Transfer funds from TYC Parole to Juvenile Services 44.3 Reallocate funds for Road & Bridge Administration 44.4 (a) Reallocate funds for Road & Bridge Shop 44.4 (b) Reallocate funds for Environmental Protection 44.5 Transfer funds from General Fund Contingency to Capital Improvement. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . 20. Approval of manual requisition to United Roofing in the amount of $8,250.00 for a Capital project to repair the Brazos Center roof drains. 0 Item 20.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . 21. Personnel Change of Status. Personnel Action Forms » Item 21.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . 22. Payment of Claims. 19 Claims Sheet.odf .D BILL LIST 08.13.13.odf 7112899 through 7113150 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 23. Acknowledgement of the Monthly Reports submitted in July 2013. MD Item 23.odf The Court acknowledged receipt of the Extension Service reports submitted in July 2013 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 Fol. /��_- Pg. _�� Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 607 inmates in jail, 59 have electronic monitors and 19 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Call for Citizen input and /or concerns. There was no citizen's input. 27. Adjourn. pg. / /�- The foregoing minutes of the Commissioners Court meeting held August 13, 2013 have been examined and are approved in open Court this 10 44x- day of SgT+Mber 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge Z�47 ;�- y Ca ena Commissi ter, Precinct 2 Commissioner, Precinct Attest: Karen McQueen County Clerk Vol / 83 Page / /3 A.NJLLJM1'tr,� —� Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Pre ' ct 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on ,14 tJ� PAGE, / of -2— Vol. —/ y Pg. _!� � / 1 - r E PAGE, / of -2— Vol. —/ y Pg. _!� BRAZOS COUNTY COMMISSIONERS COURT Meetingoa /2, C� iOQ Name Organization / Department // PAGE( Z of 2 Vol. /8—" 3 pg. //. I "National Preparedness Month" creates an important opportunity for every resident of the Brazos Valley to prepare their homes, businesses, and communities for any type of emergency including natural disasters and potential terrorist attacks; and the Texas A &M Engineering Extension Service (TEEX) is a service - oriented agency that improves the lives of citizens by helping them provide safe communities and economic opportunity; and : investing in the preparedness of ourselves, our families, businesses, and communities can reduce fatalities and economic devastation in our communities and in our nation; and the Federal Emergency Management Agency's Ready Campaign, Citizens Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and 9%+: emergency preparedness is the responsibility of every citizen of the Brazos Valley and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type; and all citizens of the Brazos Valley are encouraged to participate in citizen preparedness activities and asked to visit the websites of the Ready campaign at Ready.gov or Listo.gov (in Spanish) and become more prepared. 9�Q Aa96M 'Jason Bienski, as Mayor of the City of Bryan, Texas and I, Nancy Berry, as Mayor of the City of College Station, Texas, and 1, Duane Peters, Brazos County Judge, do hereby proclaim September 2013 as i/ / i/ ill — / and encourage all citizens and businesses to develop their own emergency preparedness plan, and work together toward creating a more prepared society. CITY OF BRYAN CITY OF COLLEGE STATI �R Y Jason P. Bienski, Ma y or Nancy F. Berry, ry, Mayor Duane Peters, County Co n t y ud�ge � i Vol. / 83 Pg. _ / %to WHEREAS: The Brazos Valley Fair and Expo, a regional fair whose reach and scope will encompass the entire state of Texas and surrounding areas, will be held September 5 -8, 2013 for this, its exciting Second Annual Event; and WHEREAS: The Brazos Valley Fair and Expo is dedicated to its motto: "Showcasing Agriculture, Education and Youth to Enhance our Texas Culture'; and WHEREAS: The Brazos Valley Fair and Expo was organized for educational, scientific and charitable purposes to encourage, promote and maintain agricultural science, research and educational functions; and WHEREAS: The Brazos Valley Fair and Expo is committed to providing funds for scholarships and other educational programs to educate the youth of Texas for future generations. NOW, THEREFORE: I, Jason Bienski, as Mayor of the City of Bryan, and I, Nancy Berry, as Mayor of the City of College Station, and I, Duane Peters, Brazos County Judge do hereby proclaim September 2 - 8, 2013 as: Sum" V aUe# Javc W e& CITY OF BRYAN CITY OF COLLEGE STATION BRAZOS COUNTY Jason Bienski, Mayor Nancy Berry, Mayor Duane Peters, Cou 9'nc+.cealn" t darj. of augl6E, 2013 k+P e °o E _ o 0 6 O � � o r _ o o U � c gg$$g o /'1 a yr V L > W Q OOL. o. zU 3y �Z y r rt oz3 m m aNaQU w a o �+ m - F rp U L n 9 0 0 a � a V 0 u 8 - h a d L _ U g o y O � a, aO O a � � m � T T u a a F F Gqq g 8 J � P4 wa� o yio-,Nt -ra Z z Vol. /83 pg. frg rf T a d a Q M v t 0 r d v a O O ci 00 r r F N a z Vol. Pg. I 1 m o E e 0 3 _ o o g D C r b 0 0 3 C r Y h Y Q L V p' h F B :°• v V 6 p m �- = x a R Y h zv.J ax m 0 C 00- a 2 uor. 9 a 0 U m e o n n {Ti C Y e U a w cj o 0 N e GC O T Y 9 e0 O 9= m 9 .7 N n xUU p Poi V FF nq0 o °o F' W 0 Gv� SEgs =� � z T a d a Q M v t 0 r d v a O O ci 00 r r F N a z Vol. Pg. I 1 m Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Form 2030CVJNE December 2010 Summary County: Brazos Count Contract Number: 23940058 Budget Effective Date: 101`112012-913012013 Estimated Total Total Anticipated Total Anticipated Cost Category Expenses Allocable to Federal County Reimbursement Match Title lV -E A. Administration $0.00 A.1. Direct Personnel Salaries A.2. Direct Personnel Frin a Benefits A.3. Direct Personnel Travel AA. Direct Materials and Su lies A.S. Direct E ui ment $200.00 $51.31 $148.69 A.6. Direct Other Costs Total Administration $200.00 $51.31 $148.69 B. Training 8.1. Title IV -E Trainin 75% $2,470.00 $950.48 $1,519.52 B.2. Title IV -E Fosterin Connections Trainin 65% $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training 50% $0.00 $2,470.00 $0.00 $950.48 $0.00 $1,519.52 Total Trainin 1 C. Supplemental Foster Care Maintenance (SFCM) Total St-Cm $14,400.00 $8,383.68 $6,016.32 D. Indirect Costs if ap Iicable) $0.00 $0.00 $0.00 Indirect Cost Base Grand Total $17,070.00 $8,434.99 $6,165.01 "Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 51.308% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. • Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses based 58.220% on Federal Medicaid Assistance Percentage (FMAP) rate In effect during preceding fiscal year: Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. 30.620% Indirect Cos If app t ble (attach a copy of the approved Certificate of Indirect Costs); Contractor Certification lam` Signature Date Duane Peters, County Judge Printed Name 8 Title Vol. /_,3 _ P9.- Texas Dept. of Family Budget for Title IV -E Form ember 2010 and Protective Services December 2010 County Child Welfare Services Contract Administration A.6. Direct Other Costs County: Brazos County Contract Number: 23940058 Budget Effective Date: 10/l/2012-9130/2013 Anticipated Federal Other Costs Estimated Reimbursement Anticipated County (description and basis of cost) Total Expense* (estimated EPR Match x 50% FFP) Birth Certificates $200.00 $51.31 $148.69 $0.00 $0.00 F- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costs $200.00 $51.31 $148.69 . estimated total cost for Title ME related activities Note: Please refer to Title ME Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps. state. tx. us /handbooks[Title_IVE_County /default.jsp Vol. .j__ Pg.. / i \Z MAI CD [§ (% \� jM fM §( 0 r CL ) } CD CD § ) § CD } ) ( \ \ Vol. //-3, P$ /A-02, !| }\ |* IIE \E kk \j }m CD 2 �\ ) m { } \ § CD 0IT - ( (D 2 � } § - , ( )] ;- - k2 % \ ; 9 c § 00 § , _ 0 ; ( / , ` ° \ [ - : \ \ k \ \ \ \ \ \ \ \ 0 \ } }} \ \ \ \ \ \ \ \ , �� §lJ2i ! » ■`t ) \ \ \ \ \ \ \ � 0 ;D ® }$ \ \/\\00. 2k -0N Vol. //-3, P$ /A-02, !| }\ |* IIE \E kk \j }m CD 2 �\ Texas Depl. of Family Budget for Title IV -E Form 2030CWIVE and Proteclive Services December 2010 County Child Welfare Services Contract C. Supplemental Foster Care Maintenance (SFCM) County: Brazos Count Contract Number: 23940058 Budge Effective Date: 1011/2012- 9130/2013 Other Costs (description and basis of cost) Estimated Total Expense' Anticipated Federal Reimbursement (estimated FMAP) Anticipated County Match Allowances $0.00 $0.00 Clothing $13,000.00 $7,568,60 $5,431.40 Day Care limited $500.00 $291.10 $208.90 Gifts $250.00 $145.55 $104.45 Graduation Expenses $250.00 $145.55 $104.45 Personal Items $100.00 $58.22 $41.78 School Supplies $200.00 $116.44 $83.56 Reasonable Child Specific Travel $100.00 $58.22 $41.78 Total Direct Other Costsi $14,400.001 $8,383.681 $6,016.32 ' estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.tx. us /hand books /Title_IVE_county /default.jsp Vol. __ ��.3 Pa.� Texas Dept. of Family Budget for Title IV -E Form 2030CWIVE and Protedive Services December 2010 County Child Welfare Services Contract Budget Narrative Contract Number: Budget Effective Date: Clearly describe each expense to be incurred and billed to this contract. Refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http:// www. dfps .state.tx.us /handbooksfTitle IVE County/default.isp Administration Training Against Children Conference for CPS staff C. Supplemental Foster Care Maintenance (SFCM) Allowable expenses directly related to the IV -E elgible children to include clothing, personal items, school items, day care, or travel for children Indirect Costs (ff applicable) Vol. pg. Iz FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM ( BVWACS) STATE OF TEXAS § COUNTIES OF BRAZOS AND WASHINGTON § This Agreement is by and arnong the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas A & M University. RECITALS A. The BVWACS Parties are combining their resources and desire to jointly operate and maintain the Brazos Valley Wide Area Communications System to improve the ability of public safety and public service radio communications internally and among themselves, and to allow direct access to, and exchange of data B. The BVWACS Parties desire to continue to join their Wide Area Communications System with the regional communications system of Harris County, Texas, and to create a mechanism to effectively administrate this endeavor pursuant to a separate agreement with Harris County in a mariner consistent with this Agreement. C. The BVWACS Parties desire to provide for the organizational structure and finding support for the construction, acquisition, implementation, operation and maintenance of the Wide Area Communications System Vol. / g.�7 Pg.�/ AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein, the BVWACS Parties agree as follows: 1. Definitions. 1.A Annual Assessment means the proportionate share determined in accordance with that BVWACS Partys participation share as shown on Exhibit A of that Fiscal Year's Capital Costs and Operating Costs based on the approved Budget. 1.B. Brazos County means the corporate and political body of the state of Texas known as Brazos County. 1.C. Brenham means the City of Brenham 1.D. Bryan means the City of Bryan 1.E. BVWACS Associates means those entities that are sponsored by a BVWACS Party that are eligible to use the licensed frequencies under FCC rules and regulations, that are using the BVWACS and that are not BVWACS Parties pursuant to the teems of this Agreement. I.F. BVWACS Manaamus> Entity means the Brazos Valley Council of Governments contracted to supervise the performance of this Agreement or any other BVWACS Party or third party entity designated to perform this function pursuant to the terms of this Agreement and pursuant to Section 791.013 Texas Government Code. 1.G. BVWACS Panties means the state political subdivisions that have entered into this Agreement for the construction, acquisition, implementation, operation and maintenance of the BVWACS, including Bryan, College Station, Brenham, Brazos County, Washington County, and Texas A & M University. Additional parties may be added from time to time pursuant to the terms of this Agreement. 1.I7L BVWACS Systems Manager means the Employee of the Managing Entity unless designated by the Governing Board otherwise tasked to perform services for BVWACS as set forth in this Agreement. Vol. 19-3 pg, /,� I.I. BVWACS Suiport Vendor means any of the one or more vendors selected to provide maintenance, repair, troubleshooting, and related services for the Brazos Valley Wide Area Communications System 1.J. BVWACS Value means the undivided interest of a BVWACS Party in the BVWACS Infrastructure, Improvements and real property. I.K. College Station means the City of College Station 11. Commencement Date means the date on which this Agreement has been duly approved by all BVWACS parties. I.M. Cats include Capital Costs and Operating Costs as defined below LML Capital Costs means all costs incurred for the construction, acquisition and implementation of the BVWACS in accordance with the terms of this Agreernent. Capital Costs includes expenditures for the construction, acquisition and implementation of any and all Irnprovernents, Infrastructure, additions, replacements, upgrades and enhancements to the BVWACS, land acquisition costs, including appraisals, legal fees, surveys, and other costs associated thereto; the procurement of any hardware or software relating to the construction and implementation of any and all Improvements, Infrastructure, additions, replacements, wades and enhancements to the BVWACS, engineering studies, consulting reports, analysis, design and planning; auditing and compliance with accounting principles and the fiscal and legal expenses relating thereto, and any and all other costs and expenses relating to the foregoing The BVWACS will be implemented in phases. The Initial Phase is attached hereto and made a part hereof labeled Exhibit B. Notwithstanding any of the above, Capital Costs shall be processed in accordance with GASB 34 and GAAP Accounting Principles. 1.M2. Operating Costs means all costs not specifically identified as Capital Costs and includes all fixed and variable costs and expenses incurred, directly or indirectly, in the operation and maintenance of the BVWACS consisting of, without limit, the direct purchase of goods and services, such as photographic supplies, developing and printing educational materials, books, office supplies, postage, computer supplies, computer software, small tools and minor equipment, and minor computer hardware, office space or the value thereof; costs associated with contracts to supply goods and services, such as support contracts, rental of copy machines, vehicle Page 3 -- Vol. / —_,� pg._ maintenance and fuel costs, tower site and infrastructure insurance, building maintenance, computer hardware and software maintenance, printing and binding: personnel costs incurred by all entities for Employees approved in the Budget to support the BVWACS including, without limitation, wages, benefits, insurance, employment related taxes, employers retirement contributions, phone allowances, pagers, education and seminar fees, travel for training, mileage reimbursement, and parking costs; and further including ongoing utility costs, security, and the normal, periodic maintenance, tuning, servicing, inspecting, parts replacement and repair and other similar activities that are intended to keep the BVWACS functioning efficiently and to maintain the useful life of the assets and reduce the probability of failures. The term includes all other items or expenses of a like or different nature reasonably required or desirable for the efficient maintenance and operation of the BVWACS in full compliance with all current and future re regulatory regLarements and the performance of the provisions of this Agreement; the provision of liability and other insurance in amounts and types determined necessary for the proper operation of BVWACS; assumption of legal liability of the BVWACS Parties to pay money to satisfy an arbitration awed, administrative decision, settlement agreement, or court decision creating a judgment against one or more of the BVWACS Parties as a result of a third party claim arising out of or incident to the terms of this Agreement, including reasonable attorneys fees and costs incurred in defending against same; and costs incurred in enforcing or defending the provisions of this Agreement, including reasonable attome) fees. Notwithstanding any of the above, Operating Costs shall be processed in accordance with GASB 34 and GAAP Accounting Principles. 1.N. Day unless otherwise described, means calendar day. 1.0. E�lowes means the person(s) employed by one or mom of the Panties or by the Managing Entity, devoted exclusively to the construction, acquisition, implementation, operation and maintenance of the BVWACS as set forth in this Agreement. 1.P. FCC means the Federal Communications Commission 1.Q. Fiscal Year means the fiscal year agreed upon by the entities signing this Agreement. The Fiscal Year in effect as of the execution of this Agreement commences on October 1st of each year and ends the following September 30th Pa e 4 -- Vol. / 83 pg. / �-� 1.R. ImMverre nts means any structure, facility, addition, replacement, upgrades and enhancements to the BVWACS including, without limitation, hardware, software, equipment and real property acquired for increasing functionality, range or capacity of the Wide Area Communications Systern 1.S. Infrastructure means collectively all Improvements, additions, re placemerts, upgrades and enhancements to real property or personalty, real property acquisition, and all system hardware and software procurement necessary for the normal operation of the BVWACS and excluding Subscriber Equipment. The twenty-one radio consoles implemented in the system initial phase are included as system infrastructure. 1.T. Initial Phase means that first phase of Infrastructure and Improvements, including the Capital Costs relating thereto, for the Parties to utilize the BVWACS within the designated portions of the Service Area all as shown on Exhibit C. As proposed herein, the Initial Phase shall include radio voice communications but not data transmission 1.U. Quarterly Assessmen t means a BVWACS Party s proportionate share of the Capital Costs and Operating Costs that are projected to be incurred and the amount of money projected to be expended during the next fiscal quarter as presented in an itemized schedule prepared by the Managing Entity, with the proportionate share determined in accordance with the participation share of the BVWACS Party shown on E xhibit A I.V. Remaining Parties means those BVWACS Parties to this Agreement who remain committed to this Agreement if one or more BVWACS Parties withdraw from this Agreement or is terminated pursuant to the terms of this Agreement. 1.W. Service Area means that geographical area designed to serve the Parties for the BVWACS as same may, from time to time, be amended through approval by the Governing Board A snap of the initial Service Area is attached hereto as Exhibit C. l .X. Standard Terris and Conditions means the terms and conditions listed in Exhibit D that must be included in all BVWACS Associate Interlocal Cooperation Agreements. 1.Y. Subscriber Equipment means the portable radios, mobile radios, control station radios, radio consoles, excluding the original 21 radio consoles installed or made operational as part of the Initial Phase, and other equipment operated by BVWACS Parties and BVWACS Associates accessing BVWACS. Pages - - - -- _� Vol. pg. �.�-9 12. Terminated Party mears a BVWACS Party who has received a notice of termination and whose participation in the BVWACS Agreement has been terminated for default, after it failed to clue the default in a timely manner. 1.AA Termination Date means twelve (12) months from the date of the notice of withdrawal when a BVWACS Patty gives notice of its intention to withdraw from this Agreement and terminate its participation in BVWACS. 1.1313. Was] on County means the corporate and political body of the state of Texas known as Washington County. 1.CC. Wide Area Communications System or BVWACS memis the Regional Voice and Data Radio System serving the Brazos County and Washington County, Texas areas as shown on a Service Area map attached as Exhibit C as same may from time to time be amended as provided in this Agreement, implemented by Parties for public safety and public service purposes in accordance with the terns herein and pursuant to applicable law for such type of public communications system 1.DD. Withdrawing Party means a BVWACS Party who gives notice of its intention to withdraw, from this Agreement and terminate its participation in BVWACS. 2. Term of Agreement. The term of this Agreement shall be effective when this Agreement has been duly approved by all BVWACS Parties (termed the Effective Date), subject to the BVWACS Parties' rights of termination in this Agreement. The term of this Agreement is from the Effective Date to September 30, 2018. . Nothing in this Agreement will prevent the BVWACS Parties from entering into a separate Agreement with another group or entity providing similar radio services provided such Party continues to adhere to the terms and conditions of this Agreement. 3. Purpose. The purpose of this Agreement is to establish an organizational and management structure for the construction, acquisition, implemntation, ongoing adntinistration, operation, and maintenance of the BVWACS by the Patties, including establishing a budget proposal process, a funding process, and the allocation of Costs associated with the constru etion, acquisition, implementation, operation, maintenance, and improvements to the Wide Area Communications System The BVWACS Parties have developed initial objectives, attached as Exhibit E, and evaluation factors, attached as Exhibit F. Page 6 - -- Vol. AU Pg / O 4. Governing Board. 4.A P The Governing Board shall set policy for the BVWACS, direct and approve the operating. policies and procedures of the Operating Board, adopt a draft budget annually, and carry out any and all other appropriate tasks necessary for the proper functioning of the BVWACS. The Govembng Board may exercise sixth powers and duties as authorized under this Agreement. 4.B. Co position The Governing Board shall consist of one member from each of the BVWACS Parties. Governing Board Members should be public officials or senior executive level employees of their respective BVWACS Party. Governing Board Members may designate in writing an individual within their entity to act in their place. The gowming body of a BVWACS Party may designate in writing a change in that BVWACS Partys Governing Board Member. 4.C. f0 ficers The Governing Board shall elect a chair, vice- chair, and other officers annually. The BVWACS Managing Entity shall provide secretarial services and other administrative support services to the Governing Board. 4.1). Meeting R�grrirements. The Governing Board shall meet at least semi - annually, but special meetings may be called by the request of one (1) or more Governing Board Members. These meetings shall be held in compliance with the Texas Open Meetings Act These reetings shall be publicly posted 72 hours before the meeting by the Chair of the Governing Board Meeting notices and meeting agenda shall be sent to members of the Governing Board at least 72 hours before the meeting. 4.E. BVWACS Improvements. The Governing Board may develop agreements defining the roles and responsibilities of the BVWACS Parties for BVWACS Improvements at the time the BVWACS Improvements are approved by the BVWACS Parties. The funding for these BVWACS Improvements shall be included in these agreements. Unless otherwise agreed by the BVWACS Parties in writing, funding for the cost of BVWACS Improvements that are constructed or acquired to benefit one (1) or more individual BVWACS Parties shall be paid only by the BVWACS Parties benefihng from such BVWACS Improvements. 4.F. Ouorum and Voting. No action may be taken by the Governing Board unless a quorum is present. A quonun shall consist of a majority of members. Unless expressly stipulated otherwise in this Agreement or unless required differently pursuant to applicable law, the affirmative vote of a majority of members is required for the Governing Board to Page 7 — - Vol. Pg. /— 3/ adopt any resolution or take any action Each member of the Governing Board shall have one vote. 5. Operating Board. 5.A )fie The management and technical operation of the BVWACS is overseen by an Operating Board which ensures that the policies set by the BVWACS Governing Board are carried out and which provides overall BVWACS advice as to the construction, acquisition, implementation, operation and maintenance of the BVWACS and provides advice to the BVWACS Managing Entity. 5.B. Co sition The Operating Board consists of one member appointed by each of the BVWACS Parties. In addition, each BVWACS Party may designate in writing an alternate (" Alternate") to act in place of its appointed Operating Board member. Notice of a change in designated Board Members or Alternate by a BVWACS Party may be made by sending written notice of the newly designated Board Members) or Alternate to the Chair of the Operating Board, with a copy to the BVWACS Managing Entity. The composition of the initial Operating Board is shown in Exhibit G. 5.0 DD. The Operating Board shall meet at least quarterly. The Operating Board shall examine the apportionment of BVWACS Capital Costs and Operating Costs among the BVWACS Parties and recommend any adjustments needed to the Governing Board The Operating Board shall annually submit a draft Operating and Capital Program budget for presentation to the Governing Board by March 1. of each year unless directed otherwise by the Governing Board regarding funds needed to improve, operate, maintain, and use the BVWACS. The Operating Board shall review and recommend the operating policies and procedures for the BVWACS, including policies related but not limited to system security, fleetmap management, capacity management, and interoperability with other radio systems and equipment. The Operating Board shall regularly review the evaluation factors for the BVWACS as described in Exhibit F of this Agreement and take needed actions to ensure reliable BVWACS performance. The BVWACS Managing Entity, together with the Operating Board, shall develop and recommend to the Governing Board BVWACS Improvements as needed to ensure optimal BVWACS functionality and performance. The Operating Board shall consider the impact of proposed BVWACS Associates and proposed new Parties to this Agreement on the capacity of the BVWACS and recommend approval or Page 8 -- - — Vol. denial of requests to sponsor an entity as an Associate or to add an additional party to this Agreement. In addition, the Operating Board annually provides input to the Governing Board and to the BVWACS Managing Entity on the performance of the BVWACS Systems Manager. 5.1). Terns. The term of each Board Member shall be determined by the appointing BVWACS Party. All Board Members serve at the pleasure of their appointing BVWACS Party. 5.E. Attendance Rquirements. Either a Board Member or Alternate shall attend all meetings. If a BVWACS Party has no representation at more than 25% of the meeting during any calendar year, the BVWACS Party shall appoint new Board Nlember(s) and new Alternate(s). Operating Board meeting are scheduled by the Operating Board Chair. 51. Chair. Vice-Chair, and Secretary The Operating Board Members elect the Chair, Vice,43 r, and Secretary in the first month of each Fiscal Year. The Cl-air is responsible for scheduling meeting and providing Operating Board members with meeting notices. One of the duties of the Secretary shall be to record and track attendance of Board Members and Alternates. The BVWACS Managing Entity provides or arranges staff support to make written minutes of each Operating Board meeting and provides other needed logistical support for the Operating Board 5.G. Procedures at Meeting The Chair presides at the meeting and the Vice -Chair acts in the absence of the Chair. No action may be taken by the Operating Board unless a quorum of Board Members is present. A quorum shall consist of a majority of Board Members. The Chair shall provide the Board Members with at least 20 days notice of proposed dates for regular meeting. Any Board Member may place items on the Operating Board's meeting agenda by submitting the item to the Chair at least ten days before the next meeting, The Chair shall submit the agenda to the Board Members no later than seven days before the meeting. Each Board Member shall have one vote. The affirmative vote of more than 50 percent of all the members of the Operating Board is required to adopt any resolution or take any action Voting by proxy or delegate is pemritted. 5.H. Actions of Operating B oard The Operating Board may not take any action that would violate any applicable statute, law, regulation, court order, ordinance, commissioners' Page 9 — Vol. ___/ 8_3 pg, /..i court order, city charter provision, articles of incorporation or other governing document. If any such action is taken, it is null and void 5.1. Special The BVWACS MmagingEntitymaycall meetings upon 72 hours written notice to the Board Members to conduct regular business matters or to address budget related items, winch may require action by the Parties' governing bodies to increase or decrease currently budgeted expenditures. The Chair or a majority of the Board Members may also call special meetings of the Operating Board. In the event of an emergency, the notice provision herein shall be suspended. 6. Amendments to Agreement. Any BVWACS Party may propose an arndnent to this Agreement to the Operating Board. The Operating Board considers the amendment and makes a recommendation to the Governing Board for consideration The Governing Board shall review amendments to this Agreement and may recommend approval of the amendment to the governing bodies of the BVWACS Parties. An amendment to this Agreement shall be effective when approved by three fourths of the governing bodies of the BVWACS Parties. A BVWACS Party whose governing body does not approve an amendment to this Agreement adopted as provided above, may withdraw from participation in the BVWACS as described elsewhere in this Agreement. 7. Construction, Acquisition and Implementation of BVWACS. 7.A Initial Phase. The Initial Phase of the BVWACS shall be comprised of current Infrastructure and Improvements owned by one or more of the Parties hereto plus additional Infrastructure and Improvements to be contracted or acquired. Exhibit B sets out the Infrastructure, improvements and teal property currently owned by one or more of the Parties as well as the additional proposed BVWACS Infrastructure and BVWACS Improvements that will comprise the Initial Phase. The Parties agree that the Initial Phase of the BVWACS shall be as set forth in Exhibit B. 7.B. Ownership and Permission. Ownership of Infrastructure and Improvements currently owned by the Parties shall remain the property of such Party. Permission for all BVWACS Parties, BVWACS Associates, the BVWACS Managing Entity and it's respective agents and representatives to access and use such Infrastructure and Improvements as part of the BVWACS in accordance with this Agreement is herein granted New BVWACS Improvements and BVWACS Page 10 Vol. Infrastructure shall be owned as tenants in common among the Patties then in erdstence at the time funding was provided for such BVWACS Improvements or BVWACS Infrastructure. 8. Staffing and Operations. S.A. Designation of Managing Entity The Governing Board shall designate one of the BVWACS Parties or a mutually agreed upon thins party as the Managing Entity for the BVWACS. 8.B. BVWACS Systems Manager. The Managing Entity is responsible for providing the BVWACS Systems Manager. This maybe a full time Employee or, with the approval of the Governing Board, contracted third party devoted to managing the construction, acquisition, implementation, operation and maintenance of the BVWACS under the direction of the Managing Entity. The Operating Board will serve in an advisory capacity to the BVWACS Systems Manager on behalf of the Governing Board The BVWACS Systems Manager shall be an Employee of the Managing Entity unless the Governing Board designates otherwise. As its Employee, the Managing Entity shall be responsible for the hiring, firing, performance review, training and education, provision of health and retirement benefits and all other costs associated with this position as well as costs associated with being an Employee of the Managing Entity, subject to reimbursement by the Parties through adoption of the annual BVWACS Budget which shall include the costs of all Employees. The Managing Entity shall obtain input from the Governing Board before taking any formal action regarding performance, including annual reviews, with respect to such Employee. 8.C. Mama meet Duties of the BVWACS Managing Entity The BVWACS Managing Entity will manage the BVWACS on a day to day basis. Responsibilities include the following plus any other duties as determined by the Governing Board 8.C1. Management. Perform ongoing management of the construction, acquisition, implementation, operation and maintenance of the BVWACS, 8.C.2. Coordination with other radio Systems. Serve as principal coordinator with other radio systems as determined by the Governing Board; 8.C.3. Minutes. Maintain minutes of the Governing Board and Operating Board meetit-igs; • • Nbke recornmendations to the Operating i•. • regarding proper performance of the BVWACS under the term of this Agreement; Page -- ii Vol /_$� P9•__L.� 8.C5. SWervision. Supervise additional Employees as applicable; 8.C6. Dispute Resolution Assist in the administrative dispute process as set out elsewhere in this Agreement. 8.C7. Aaeesrient Copy Maintain and make available at all reasonable times to the Operating Board and to the Governing Board a current copy of this Agreement, nuluding any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures, policies or standards; 8.C.8. Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested by the Governing Board Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board, 8.C.9. RRc _orts, Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; 8.C.10. Record Keeping Maintain and keep current all records, legal documents, contracts, manuals, %arranties, etc. relating to the BVWACS and make same available for reviewby any of the Parties upon request; 8.Cll. Contract Administration. Administer all contracts for the construction, acquisition, implemntation, operation and maintenance of the BVWACS; 8.C.12. Project ManapeI a . Oversee the management of all projects relating to the construction, acquisition and implementation of Infrastructure and Improvements to the BVWACS; 8.C13. Standard Operating Procedures. Develop, distribute and keep current standard operating procedures for the BVWACS as directed by the Operating Board, 8.C.14. BVWACS Availabft. Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives set forth herein and that support interaction and commuruications with other public safety radio systems. 8.C.15. Grant Administration Oversee the application, administration and financial management of grant funding programs available for the construction, acquisition, Page 12 Vol. /. p 3 Pg. 194 implementation, operation and maintenance of the BVWACS. This includes performing as a recipient or sub - recipient for the BVWACS Parties in relation to such grant programs. S.D. tS offing. There may be such other Employees as may, from time to time, be budgeted and approved by the Governing Board The BVWACS Parties through action of the Governing Board may elect to contract out some or all services relating to the construction, acquisition, implementation, operation and maintenance of the BVWACS. The initial number and types of Employees to be provided or funded by the BVWACS Parties are shown in Exhibit H Notwithstanding anything herein to the contrary, personnel provided by one or more of the Parties to support the BVWACS are, and shall exclusively remain, employees of their respective entity, subject to all of the employment rules and personnel policies of that entity. The personnel costs necessary to support the BVWACS are included in each year's draft budget submitted to the Parties, subject to the provisions in Section 9. Budget, and Section 18. Effect of Breach and Default. 8.E. Operating Procedures. The BVWACS Managing Entity shall ensm that standard operating procedures are prepared to govern the darto -day management and operation of the BVWACS and BVWACS staff ( "Standard Operating Procedures -) as may be directed by the Governing Board, and shall submit such Standard Operating Procedures to the Operating Board for review and approval. Standard Operating Procedures shall be annually reviewed by the Operating Board and updated as needed. The BVWACS Managing Entity also monitors the implementation of and compliance with the Standard Operating Procedures. If there is any conflict between the Standard Operating Procedures and the employment rules and personnel policies of the entities, then the employment Hiles and personnel policies of the entities control as they impact that entities' staff supporting the BVWACS. The Operating Board shall also oversee the development and implementation of corrective Treasures policies. 81. Roles and Responsibilities. The BVWACS Parties shall use the BVWACS in a manner consistent with the Standard Operating Procedures, directives of the Governing Board and in compliance with applicable FCC rules and regulations. The BVWACS Parties shall follow the established Standard Operating Procedures and Governing Board directives regarding the programming and addition of Subscriber Equipment to the BVWACS. The BVWACS Parties are encouraged to utilize and improve the interoperation capabilities of the BVWACS. BVWACS Parties shall utili ze the BVWACS Managing Entity as their primary Page _ 13 point of contact for requests for BVWACS Improvements when dealing with problems, or to answer questions. BVWACS Parties shall work in good faith with the BVWACS Managing Entity to help resolve problems. Using Standard Operating Procedures or other directives from the Governing Board, BVWACS Parties shall have access to system reports including but not limited to, system usage, utilization and perfonnance. A BVWACS WACS Party is financially responsible for any FCC penalties, fines or other financial encumbrance caused by the actions of that BVWACS Party and any BVWACS WACS Associate sponsored by it. S.G. Capacitor 1VlangWm-ent. The BWACS Managing Entity may develop a policy for capacity managnnerrt and submit the policy to the Operating Board for review and approval. This policy shall be reviewed annually by the Operating Board, and updated as needed to ensure appropriateness and applicability with current BVWACS needs and industry standards and practices. 8.11 Withdrawal of ManaanoEnti ty In the event the current entity ceases to be the BVWACS Managing Entity and the BVWACS Managing Entity is not a BVWACS Party subject to the provisions of Section 17.13 herein, the Governing Board Members representing three- fourths of the BVWACS Parties shall appoint a replacement BVWACS Managing Entity Within ten (10) days after receipt of notice of the identity of the replacement BVWACS Managing Entity, the current BVWACS Managing Entityshall: 8.H.1 Possession Transfer control and possession of all BVWACS Infrastructure, BVWACS Improvements including BVWACS real property owned as tenants in common pursuant to this Agreement to the replacement BVWACS Managing Entity. 8.112 Conveyance of Real Properiv. Transfer any and all ownership rights it may have to real property acquired pursuant to the temis of this Agreerrent to the BVWACS Parties. 8.H.3 Evidence of Ownership. Provide evidence and documentation adequate to prove ownership of the BVWACS Infrastructure, BVWACS Improvements or real property, including wherever applicable, transferring all rights, title and interests, including proprietary and intellectual property rights, to enable the replacement BVWACS Managing Entity to manage, upgrade, update, rnairutain, and operate or to sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS Improvements or real property if or when the BVWACS Parties determine that this is appropriate, and Page — - - -- 14 Vol. pg.z 8.114. Operations and Legal Docwmnts. Transfer the origirals of all deeds, operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to BVWACS Infrastructure, BVWACS Improvements or BVWACS real property to the replacement BVWACS Managing Entity. 9. Budget. 9.A Budge lion The Governing Board shall annually approve a draft BVWACS Budget upon the approval of three - fourths of its six rnembers in accordance with the tirnefrarnes set forth herein and recommend approval of the Budget to the governing bodies of the BVWACS Parties, including approval to appropriate their proportionate share of the BVWACS Budget. All Operating Costs must be included in each annual BVWACS Budget as well as any Capital Costs. The Budget shall include any and all costs relating to employees in implementing and maintaining the BVWACS. If any BVWACS Party does not agree with the draft BVWACS Budget as presented, it must provide the Governing Board with a detailed explanation of its issues with the draft Budget within 30 days after receipt of it. Each member of the Governing Board shall consult with its governing body or appropriate budget review personnel before voting to approve any Budget. 9.B. Annual Operating Costs Budget. The annual Operating Costs shall be shared according to the participation levels shown in Exhibit A, or as maybe amended from tirre to time by the Governing Board based on an annual true-up of the ratio of actual accounts for each party to total accounts. An annual tnie-rip shall take place by January 31 of each year. . Each year the BVWACS Managing Entity, following and abiding by its budgeting and accounting practices, shall prepare an annual Operating Costs budget ( "Operating Budget') on a fiscal year basis and submit this budget to the Operating Board The Operating Budget must provide for all Operating Costs. The Operating Board shall review and adjust, as needed, the Operating Budget and then submit its reconuruendation to the Governing Board The Governing Board shall, no later than April 1st of each year, approve a draft budget and recommend approval of the Operating Budget by each BVWACS WAGS Party and appropriation of their proportionate share of the Operating Budget in their next Fiscal Year's budget. If budgeted amounts exceed actual expenditures, the Governing Board by majority vote may move the unexpended balances into the BVWACS Capital Fund, or credit the unexpended balances against the budgeted expenditure arnounts in the Operating Budget for the next Page 15 Vol / �. Pg. Fiscal Year at each Parties then -curt participation level, unless refloated to the Party at such PwWs request. From time to time, participation levels shall be re- evaluated upon request of a Party using the same procedure set forth herein of recommendation by the Operating Board and determination by the Governing Board as Infrastructure or Improvements are made to BVWACS, as use of the BVWACS changes, or when new information affecting BVWACS becomes available. A BVWACS Party may use its share of BVWACS capacity for its own purposes or may allocate a portion of that share through a BVWACS Associate Intedocal Cooperation Agreement. 9.0 Annual Capital Costs Burdeet. A Capital Costs budget shall be prepared annually using the same process for adoption as the Annual Operating Costs Budget except that while the Capital Costs budget is prepared annually, the planning period for Capital Costs is five (5) years. Unless otherwise agreed by the BVWACS Parties, Capital Costs shall be shared according to the participation levels shown in Exhibit A, if and as amended, as described in Section 9.B; provided, however, that the Capital Costs that are incurred to benefit only one or more individual BVWACS Parties shall be paid by the BVWACS Parties benefiting from such BVWACS Improvements and Infrastructure. 9.D. Budg&ed E xlxenditrmes After the Budget has been approved and funded by the BVWACS Parties, the BVWACS Mar>agmg Entity is authorized to incur costs in accordance with the Budget. Any costs to be incurred in excess of the approved and funded Operating Costs or Capital Costs Budget amounts require additional budget approval and funding, or reallocation of existing funds, by the BVWACS Governing Board The BVWACS Governing Board may approve transfer of funds from the BVWACS Capital Fund to the Capital Budget to meet an urgent need that was not addressed during the Budget process. Such approval requires the vote of three- fourths of the membets of the Governing Board 9.E. Other BVWACS Fees. Fees payable by BVWACS Associates are determined by the terms of their BVWACS Associate Intedocal Cooperation Agreement. Funds received by new Parties are determined in accordance with this Agreement. 9.F. Funding Transfers to the Mana$irmg Entity Once each BVWACS Party appropriates its portion of the BVWACS Budget in its annual budgetary process, the Managing Entity shall provide timely and accurate invoices to facilitate the transfer of funds by each BVWACS Party to the Managing Entity, and the Parties shall each comply with the Page 16 VOL following procedures to facilitate payment by the Managing Entity to the BVWACS vendors and contractors: 9.F.1. Quarterly Assessment. At least 60 days prior to the beginning of each Quarter of the Fiscal Year, the BVWACS Managing Entity shall give the Operating Board for its review, an itemized schedule of the Capital Costs and Operating Costs that are projected to be incurred, and the amount of money projected to be expended during the next quarter. At least 30 days prior to the beginning of each Quarter, the Managing Entity shall send each BVWACS Party an invoice for its Quarterly Assessment. 91.2. Each BVWACS Party crust approve or dispute its Quarterly Assessment and provide written notice of any dispute to the BVWACS Managing Entity within 15 business days after receipt of the invoice for the Quarterly Assessment. If a dispute concerning the Quarterly Assessment is not resolved by the time the BVWACS Party is required to remit payment, the matter shall be resolved in accordance with the procedures set forth in Section 21, Dispute Resolution. 91.3. Payment Instructions. The Managing Entity must provide payment instructions to each BV WAC5 Party for the transfer of BVWACS Party funds to the ManagingEntity. 9.F.4. BVWACS Party Funds. Each BVWACS Party must pay its Quarterly Assessment to the Nlanaging Entity no later than 60 calendar days after receipt of an invoice in accordance with the resolution of any dispute about the Quarterly Assessment. 9.F.5. BVWACS Fund The Managing Entity shall establish a separate fund for BVWACS in its accounting records (' BVWACS Fund ") that is dedicated to the acirninistration of the BVWACS. All funds received from BVWACS Parties and other B V WACS revenues, including the capital fund and any interest eam,ed, shall be credited to the BVWACS Fund All BVWACS obligations shall be debited from the BVWACS Fund The records for the BVWACS Fund shall be maintained in compliance with generally accepted accounting principles. 9.17.6. Accountine The BVWACS Fund is managed by the Managing Entity in the same manner as the Managing Entity manages funds held in its depository accounts. Funds associated with the BVWACS, including accred interest, shall be accounted Page E0, -- - - - - -- i7 / 83 Py..1_ -�! - -- for separately by the Managing Entity for the benefit of the BVWACS Parties, unless otherwise required by law or this Agreement. 9.F.7. tae . The BVWACS Managing Entity is responsible for providing quarterly statements showing the credits to and debits from the BVWACS Fund, including any income eamed, to each Party on or before the 20th day of the first month following the end of such quarter. 9.F.8. a refs. Subject to the availability of sufficient fiords in the BVWACS Fund, the Managing Entity shall pay BVWACS contractors and vendors in compliance with the Texas Prompt Payment Act. 9.F.9. Reports. The BVWACS Managing Entity is responsible for providing each BVWACS Party with a quarterly written financial report on the Budget, including current BVWACS Cost projections for the succeeding quarter. 9.G. Fundin The BVWACS Parties specifically acknowledge that funding for each BVWACS Party's share of the BVWACS Operating Budget and Capital Costs Budget goes through that BVWACS Party's normal budgeting process and upon approval by its gDveaung body, is payable from current revenue available to each funding BVWACS Party. Purchase, operation and maintenance costs of Subscriber Equipment are the responsibility of each BVWACS Party. 911. Failure to A.gymnmate. The failure of a BVWACS Party to appropriate its proportionate share of the BVWACS Budget by the first day of the Fiscal Year for which the Operating Bu ciget and Capital Costs Budget is applicable shall be a material default of such BVWACS Party under this Agreement, and the BVWACS Parties shall follow the procedures for termination of a BVWACS Party set out in this Agreement addressing the effect of breach and default. 9.I. Partial Furudine If any BVWACS Party appropriates less than its proportionate share of Operating Budget and Capital Costs budget for any year, or if any BVWACS Party fails to pay its Quarterly Assessment, (herein called the "Underfiruding Party") the other BVWACS Parties, acting through the Governing Board may take one or more of the following actions: 9.I.1. Stg2m5ion of Representati on Remove the Governing Board representation and voting rights for the Underfu nding Party. Page F'g, 9.I.2. Service Reduction. Reduce the BVWACS services being provided to the Underfunding Party. 9.I.3. Notice of Underfundiru¢. Send the Underfumnfing Party a notice stating the amount of underpayment, which is the difference in the Underfundmg Party's Quarterly Assessment and the amount of funding provided by the Underfunding Party ( "Deficiency''). Said Deficiency is an obligation of such Underfunding Party subject to the Prompt Payment Act. Each Underf riding Party agrees that its future right to participate in the BVWACS is dependent upon fully paying its Quarterly Assessments. The Underfundmg Party must appropriate and pay the Deficiency, and its entree Quarterly AssessTrent for the remainder of that Fiscal Year. 9.I.4. Budget Revision. Amend the BVWACS Operating Budget and Capital Costs budget by reducing costs and /or increasing the amounts paid by the other BVWACS Parties. 9.I.5. Temtination of Participation Temunate the Underhnding Party's participation in this Agreement by following the procedure for termination of a BVWACS Party, if the level of funding is deemed by the other BVWACS Parties to be substantially a failure to fund 9.J. Asset Management. BVWACS Infrastructure shall be tracked in accordance with standard operating procedures approved by the Operating Board These procedures must be consistent with generally accepted accounting principles for property held as tenants in common for one or more of the BVWACS Parties. If any BVWACS Infrastructure needs to be retired, the BVWACS Managing Entity will provide this information to the Operating Board for approval prior to removal. At a minirnurn, the BVWACS Managing Entity shall provide the asset serial number, asset ID tag (if any), location from which it is to be removed and description of the asset. The asset to be retired shall be disposed as directed by the Governing Board upon receiving the recommendation of the Operating Board Any funds received from the disposal of the asset shall be credited as revenue in the BVWACS Fund and shown in the next BVWACS Capital budget. These funds are managed in accordance with the provisions of this Agreement. With respect to Infrastructure, Improvements and real property owned by only one or some of the Parties and that is not listed as BVWACS Infrastructure, BVWACS Improvements, or BVWACS real property, ii& of access, license and use is herein granted by such Parties to Page r— - - - -- - - - -- 19 I Vol. Pg. A13 I all Parties and to the BVWACS Managing Entity as necessary for BVWACS purposes as determined by the Governing Board With respect to future Infrastructure, Improvements and real property owned by only one or some of the Parties, such Parties agree that all rights of access, use or licenses required to make same a part of the BVWACS shall be granted No Infrastructure, Improvement or real property owned by ordy one or some of the Parties may be conveyed to a third party, destroyed or otherwise removed from the BVWACS without giving at least 12 months advance notice.. Failure to do so shall be considered a failure to perform substantially such Party's or Parties' material obligations under this Agreement, and the provisions of Section 18. (Effect of Breach and Default) shall apply. The Governing Board may determine to file Certificates of Memorandumts in the deed records of the county where an asset owned by one or more Parties is located notifying the public regarding BVWACS rights associated with such asset. 10. BVWACS Associates. 10.A. Procedure for Becoming BVWACS Associate. To use the BVWACS, an entity must be either a BVWACS Party or BVWACS Associate unless special access is granted by three - fourths vote of the members of the Governing Board Additionally, the Texas Department of Public Safety is hereby granted special access. To become a BVWACS Associate, a BVWACS Party must sponsor the entity A BVWACS Party may only sponsor BVWACS Associates to the extent that it has a portion of its share of BVWACS capacity that is unused and therefore available to assign. A BVWACS WACS Party may not sponsor any entity unless the entity is eligible to use the BVWACS licensed radio frequencies under FCC rules, regulations and practices. A BVWACS Party may sponsor one or more entities as BVWACS Associates. BVWACS Parties shall use the following procedure for sponsoring an entity MA1. Share of Determine the extent of the BVWACS Party's share of the BVWACS capacity that is available for assignment to the entity based upon most recent participation level detem»necl using the to a uup provisions set forth in 10.A2. Anticipated Usa¢e. Determine the anticipated usage of the entity to be sponsored based on talk time if available, the nu r fiber of radios used by the entity and other relevant information as determined by the Governing Board Page - - 20 Vol. pg. /44( 10.A.3. Compatbili ty Determim the compatibility of the Subscriber Equipment used by the entity with the system and the impact of their inclusion in the system based on voice traffic, talk-group needs, and functionality . 10.A.4. Associate Agreement. Negotiate a BVWACS Associate Interlocal Cooperation Agreement with the prospective BVWACS Associate that includes the Standard Terms and Conditions as well as any other terms and conditions related to payment, term of agreement, nature of the services to be provided, curtailment of services or termination of the authority to continue use of the BVWACS for breach, withdrawal by the entity, and other matters that they desire as long as they are not contrary to or more expansive than the Standard Terns and Conditions or the terns and conditions of this Agreement. 10.A.5. Reoort to Board Present a report to the Operating Board that includes the anticipated usage of the entity, the nu nixx of radios or equipment used by the entity, the compatibility of the radios or equipment used by the entity with the system, the number of talkgroups needed and any other information relevant to whether the addition of the entity is likely to cause the BVWACS Party to exceed its share of the BVWACS capacity. 10.A.6. Board Approval of Draft Agreement. Present a draft copy of the proposed BVWACS Associate Interiocal Cooperation Agreement to the Operating Board so that it can verify that the agreement contains the Standard Terms and Conditions and is consistent with the temps and conditions of this Agreement. 10.A.7. Parties Approval of Associate A_ eerrent. Obtain approval of the BVWACS WACS Associate Interlocal Cooperation Agreement by the governing bodies of the sponsoring Party and the prospective BVWACS Associate to the agreement. 10.B. Onaatmg Board Duties. The Operating Board shall review the report of the BVWACS Party asking to sponsor an entity as a BVWACS Associate and evaluate the following: 10.B.1. Impact on current and future BVWACS voice traffic capacity. 10.B.2. Impact on current and future BVWACS talkgrou p capacity. 10.13.3. Impact on overall current and future BVWACS functionality. The Operating Board shall review the proposed BVWACS Associate Interlocal Cooperation Agreement to be entered into by the BVWACS Party asking to sponsor an Page 21 VOL — �_�,� pg.1� entity as a BVWACS Associate and determine whether it includes the Standard Terms and Conditions. If the impact on these three aspects of the BVWACS capacity is not likely to result in that BVWACS Party's exceeding its share of the BVWACS capacity or to detrimentally affect the overall current and future functionality of the BVWACS, and the proposed BVWACS Associate Interlocal Cooperation Agreement includes the Standard Terms and Conditions, the Operating Board mayrecommend approval of the request to sponsor the entity to the Governing Board 10.C. Association Interlocal Cooperation Ag<eements Approval The Governing Board must approve all BVWACS Association Interlocal Cooperation Agreements before such prospective BVWACS Associate may access or use the BV WAGS. 10.1). Capacity for Sponsoring BVWACS Associates. Initially, a BVWACS Party's sham of the capacity of the BVWACS is based on the participation levels stated in Exhibit A Two years after system acceptance of the BVWACS or when adequate information is available, whichever occurs first, BVWACS capacity is based on the capacity management process recommended by the Operating Board and approved by the Govering Board The share of capacity used may be adjusted as Infrastructure or Improvements are made to BVWACS. A BVWACS Party may use its share of BVWACS capacity for its own purposes or may allocate a portion of that share through a BVWACS Associate Interlocal Cooperation Agreement. In no event shall sponsoring a BVWACS Associate cause alteration to the Participation Table set forth in Exhibit A, if and as amended as described in Section 9.B.. 10.E. Financial Effect of SgQnwri ng BVWACS Associate. When a BVWACS Party authorizes another entity to use a portion of its share of BVWACS capacity, that BVWACS Party remains responsible for full payment of its entire cost share of the BVWACS. 10.F. SpMwe Control of BVWACS Associate's Access to BVWACS. If a BVWACS Party requests that the BVWACS System Manager disable all or part of the services available to a BVWACS Associate sponsored by that BVWACS Party, the BVWACS System Manager shall comply with these requests and disable the portion of the services available to a BVWACS Associate requested by the BVWACS Party as soon as practicable. 10.G. RRe uonshility for Subscriber E . BVWACS Associates are responsible for purchasing and providing their own Subscriber Equipment to be used on the BVWACS. Page 22 The purchase of Subscriber Equipment shall be coordinated with the BVWACS Managing Entity. 10.H. Additional Units BVWACS Associates are not allowed to add units to the BVWACS without approval from their sponsoring BVWACS Party. 10.I. Chanees to Orations. Each BVWACS Party that has sponsored BVWACS Associates is responsible for informing the BVWACS Associates of changes in BVWACS Standard Operating Procedures 11. New BVWACS Parties. ll.A New Parties to BVWACS-. From time to time, entities may join the BVWACS as full Parties. Entities desiring to join the BVWACS as full Parties shall petition the current Patties for membership in accordance with the temps herein. ll.B Contents of Petition An entity desiring to join BVWACS shall submit a petition At a minimtrn, a petition to join BVWACS as a Party shall include the following 11.B.1 Area to be Served A description of the area to be covered and a description of how the Service Area will be affected; 113.2 Proposed Subscriber Ecpmeut The type of Subscriber Equipment proposed to use the BVWACS, including the approximate number of units to be added, talk groups and talk time, 11.13.3 Infrastnrture Improvements Funds and Real Property A description of any Infrastructure, Improvements, fiords or real property that will be made available to the BVWACS to offset costs associated with system expansion, and a description of how this will affect the BVWACS and the current Service Area, and 11.B.4. Share of Capacity Provide an estimate of the requested capacity desired, including the anticipated type and amount of usage based on talk time, talk group needs and other relevant factors as determined by the Governing Board ll.0 Procedure. The following procedure shall be followed when petitioning to become a Party. l l.C.1 Submit Petition An entity desiring to become a Party to the BVWACS shall petition the Governing Board through the BVWACS Managing Entity who will then review such petition for completeness as well as content. The BVWACS Managing Entity shall Page 23 Vol. 8.j pg. I �7 forward the petition to the Operating Board for recommendation by the Operating Board within 30 days from submission of such petition 11.02 Opgr tng Board The Operating Board shall review the petition of the submitting entity and crake its recommendation to the Governing Board within 60 days from the date of submission of such petition The Operating Board shall evaluate the petition based upon the following 11.C2.1 Whether the addition of petitioner as a Party will have an adverse impact on the cm:ent and future needs of the existing Parties, on the Service Area and on BVWACS as a whole; and 11.C2.2 Whether the addition of petitioner as a Party is consistent with the goals and objectives of BVWACS as set forth in this Agreement. 11.C3 Goveming Board The petitioner may negotiate an amendment to this Agreement relating to its inclusion as a Party. The Governing Board will consider the request and the recommendation of the Operating Board within ninety (90) days from the date of submission of the petition and approve, deny or request additional information needed to consider the request. Adding a new Party to this Agreement shall be considered an amendment subject to the terns and conditions for approval of amendments set forth in Section 6 above. The Governing Board will also determine if the petitioner will be regdIred to make a capital contribution towards construction or improvement to the system Such contribution may be in the form of a reimbursement for prospective constriction or improvements to the system 11.D. Participation Level._A BVWACS Party's share of the capacity of the BVWACS is based on the participation levels stated in Exhibit A, as maybe amended, and as described in Section 9.B.. Addition of new Parties will require reevaluation and possible alteration of the participation levels. The Operating Board will provide preliminary recommended participation levels based on the new Party joining BVWACS at the time it reviews the petition The Governing Board shall then review such recomrnerndation and determine whether such participation levels should be modified. Such deteirriination must be approved by three- fourth of the members of the Governing Board 11.13. Obligations of New BV WACS Parties. When a new BVWACS Party is authorized by the Governing Board, the participation levels determined above will establish the Annual Assessment for the new Party. Once the new Party is approved for membership, that Party Page 24 VOI. _— __ Py..� assumes responsibility for its Annual Assessment and all other obligations as a Party to this Agreement. New BVWACS Parties are responsible for purchasing and providing their own Subscriber Equipment to be used on the BVWACS. The purchase of Subscriber Equipment shall be coordinated with the BVWACS Managing Entity. 12. Accounting Records. The BVWACS Managing Entity maintains accounting records in accordance with generally accepted accounting standards applicable to governmental entities, including compliance with federal guidelines for spending federal hinds or bond proceeds. The BVWACS Managing Entity shall ensure that records pertaining to the BVWACS shall be kept in accordance with the records retention policy of the Managing Entity and in accordance with the Open Records Act. At any reasonable time, upon three (3) business days prior written notice, any BVWACS Party may inspect, copy, examine, and /or audit the BVWAC5 records, at that BVWA(S Party's expense, at the office of the BVWACS Managing Entity, or any other mutually acceptable location 13. Contracting Authority. Except for real estate transactions, the BVWACS Parties hereby grant such BVWACS Managing Entity the authority to contract on behalf of the BVWACS Parties for acquisitions and services that have been approved m the annual BVWACS Budget or as otherwise approved by the Governing Board, so long as the contracted amount is within the budgeted amount and the payments are made from available funds, using the BVWACS Managing Entity's standard purchasing processes, unless expenditure of federal funds or bond proceeds requires use of additional procedures or guidelines. Procurements shall be made in accordance with the laws applicable to such entity. These contracts shall be administered by the BVWACS Managing Entity. 14. Federal Funds and Bond Funds. If a BVWACS Party utilizes federal funds, grout funds, or bond funds to meet a portion of their financial commitment under this Agreement, the BVWAC5 Parties agree to conduct all procurements, maintain all records and otherwise conduct their activities in furtherance of this Agreement so as to comply with all applicable statutes, regulations, policies and grant contract provisions necessary to qualify the BVWACS expenditures contemplated for federal or grant program reimbursement and to avoid arbitrage penalties. Further, the BVWACS Parties agree to cooperate with each other in the application for and administration of federal funds, grant funds, or bond funds to maximize funding participation in the operation and maintenance of the BVWACS. Page _ _ 25 Pg. �� By October 1 of each year each BVWACS Party using federal funds, grant funds, or bond funds to meet a portion of its annual financial commitment shall notify the BVWACS Managing Entity. 15. BVWACS Performance. The Operating Board shall take such action as may be necessary for assuring that Subscriber Equipment configuration changes or additions do not adversely affect the performance of the BVWACS. The Operating Board may utilize the system assessment services of the BVWACS Support Vendor or other qualified contractor to determine the impact of adding Subscriber Equipment to the BVWACS. The Operating Board may develop policies involving the BVWACS Support Vendor that provide a review process prior to implerrenting any Subscriber Equipment system configuration changes requested or made by BVWACS Parties. BVWACS Parties shall not take any action that is known or ought to be known to affect the operation of the BVWACS adversely and shall reverse any action taken that affects the operation of the BVWACS adversely. BVWACS Parties shall not change the configuration of their program or template in a way that is known or ought to be known to affect the operation of the BVWACS adversely and shall reverse any change in the configuration of their program or template that affects the operation of the BVWACS adversely. 16. Dissolution of BVWACS. 16.A Dissolution of BVWACS. This Agreement may be voluntarily dissolved before the end of the final term if three-fourths of the governing bodies of the BVWACS Parties agree in writing to provide for a dissolution date. The dissolution date shall not be less than twelve (12) months after these. BVWACS Parties have executed the agreernernt to dissolve the BVWACS unless all BVWACS Patties agree to an earlier dissolution date. 16. B. Distribution of Assets. If the BVWACS is dissolved either by agreement or at the end of the final ten,, the assess of the BVWACS shall be equitably distributed among the BVWACS Parties. The BVWACS Parties shall agree on which BVWACS Party receives which assets in the distribution An agreement for distribution of assets of the BVWACS shall be effective after approval by three- fourths of the the governing bodies of the BVWACS Parties. The manner of distnbu tion shall consider and be consistent with the following factors: 16.B.1. Participation Level. The BVWACS Party's share of the Capital Costs for Infrastructure and Improvements to the BVWACS and the BVWACS Party's Page �5 26 Vol. _ � _ Pg. participation level as stated in Exhibit A, if and as amended as described in Section 9.B.; 16.B.2. Asset Value. The value of the assets on the dissolution date; 16.13.3. Manner of Acqurisitioa The basis on which the asset was acquired, whether the asset 16.B.3.1 Was already owned by a Party, 16.B.3.2. Was acquired jointlyby all BVWACS Parties or 16. B.3.3. Was acquired by only one or some of the BV WAGS Parties; 16.B.4. EadyTersm>BUation Whether and, if so, when the BVWACS Party terminated its participation in BVWACS before the dissolution of the BVWACS; and 16.B.5. Utility of Asset. The usefulness of the asset to the BVWACS Party receiving it. 16.G The BVWACS Party to which an asset is distributed shall also be provided evidence and documentation adequate to prove ownership of that asset, including, wherever applicable, transfer of all rights, title and interests, including proprietary and intellectual property rights, to enable that BVWACS Party to upgrade, update, operate, and maintain it or to sell, convey or otherwise dispose of it and the originals of all operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to that asset. 17. Withdrawal of a BVWACS Party. 17.A Notice of Withdrawal A BV WAC5 Party may withdraw from this Agreement and terminate its participation in BVWACS at any time by giving at least twelve (12) months prior written notice to the Remaining Parties. The Termination Date shall not be earlier than twelve months after notice is given unless three-fourths of the numbers of the Remaining Parties agree otherwise. The Withdrawing Party must continue to fund its Annual Assessment through the Termination Date, and if it does so, the Wthdrawing Party may continue to participate in the BVWACS until its Temwvation Date. The portion of the Budget allocated to a Withdrawing Party after receipt of the notice of withdrawwl may be reduced by the agreement of three - fourths of the members of the Remaining Parties. 17.13. Wrthdmwval of Mana&g Enti ty In the event the BVWACS Managing Entity is a party to this Agreement and such Party withdraws from the BVWACS, the Governing Board Members representing three - fourths of the members of the Remaining Parties shall appoint Page ---' - 27 Vol. pg _/ M a replacement BVWACS Managing Entity. Within ban (10) days after receipt of notice of the identity of the replacement BVWACS Managing Entity, the Withdrawing BVWACS Party that is the BVWACS Managing Entity shall: 17.B.1 Possession Transfer control and possession of all BVWACS Infrastructure, BVWACS Improvements including BVWACS real property owned as tenants in common Pursuant to this Agreement to the replacement BVWACS Nfanaging Entity. 17.13.2 Conveyance of Real Prey. Transfer any and all ownership rights it may have to real property acquired pursuant to the terns of this Agreement to the Remaining Parties. 173.3 Evidence of Owrmershin. Provide evidence and documentation adequate to prove owrnaship of the BVWACS Infrastructure, BVWACS Improvements or real property, mdudin& wherever applicable, transferring all rights, title and interests, including proprietary and intellectual property rights, to enable the replacement BVWACS Managing Entity to manage, upgrade, update, maintain, and operate or to sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS Improvements or real property if or when the Remaining Parties detemnine that this is appropriate, and 173.4. Operations and Leal Docunrents. Transfer the originals of all deeds, operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to BVWACS Infrastructure, BVWACS Improvements or BVWACS real property to the replacement BVWACS Managing Entity. 17.C. Disposition of BVWACS Value of Withdrawing Pg<rty All right, title, and interest in and to the Withdrawing Party's BVWACS Value may be dealt with in one of hno ways: 1) sale and assignment by Withdrawing Party, or 2) determination of valuation and disposition of Withdrawing Party's BVWACS Value by Remaining Parties. In either event, all rights of access, licenses and use to such Withdrawing Party's assets comprising a part of the BVWACS remain in place during the withdrawal process. 17.C.1. Sale and Assi=igrt by Withdrawing Pia The Withdrawing Party shall offer its BVWACS Value to the Remaining Parties If none of the Remaining Parties accept the offer within sixty (60) days after receipt of the offer, the Withdrawing Party may sell its BVWACS Value to one or more entities approved by all of the Remaining Parties if the entity or entities enter into an assignment of this Agreement Page - - -- 28 Vol. 83 pg. 1,F3;4 from the Withdrawing Party and accept the duties and obligations of the Withdrawing Party under this Agrearent as its or their own duties and obligations The assignee, if other than a Remauvng Party, shall also obtain the rights of the Withdrawing Party under the BVWACS Agreement, including one representative on the Governing Board and one representative on the Operating Board. After the assignment, the BVWACS Agreement shall be construed as if the assignee were listed in the definition of BVWACS Parties. If the Withdrawing Party has an offer to purchase its BVWACS Value from an entity but all of the Remaining Patties do not approve that entity as a reasonable replacenent for the Withdrawing Party, the Reinaini ng Parties shall compensate the Withdrawing Party for its BVWACS Value in proportion to their Annual Assessment of BVWACS and obtain a proportionate share of the WrthdrawingParty's BVWACS Value. 17.C2. Detemunation of Value by RernamiM Parties. If the Withdrawing Party does not give the Remaining Parties notice that it is exercising its rights under 17.C.1. at least six (6) rnonths before the Tennination Date, no later than the Ternwiation Date the Remaining Parties wrist fairly detemmne wiiat the Withdrawing Party's BVWACS Value is at the Terrmnaiion Date. If the Withdrawing Party and the Remaining Parties are unable to agree on the BVWACS Value, an accounting shall be performed by a panel of three persons The Remaining Parties shall select one person to represent them on the panel. The Withdrawing Party shall select another person to represent it on the panel. The two persons selected shall select a third person to complete the panel and the accounting. If an accounting is performed, it shall be the basis for detemmng BVWACS Value for the Withdrawing Party. One half of the cost of this panel shall be borne by the Withdrawing Party and one half of the cost of this panel shall be borne by the Remaining Parties. 17.03. Disposition by Remaining Parties. When the BVWACS Value is deteinined, the Remaining Parties shall detemnine how to disburse the ownership of &L- BVWACS Value of the Withdrawing Party. The Remaining Parties shall consider at least the following options: 17.C.3.1. New Party. Find another entity to comperrsate the Withdrawing Party for its BVWACS Value, assurre ownership of the Pa a -- -- - -- 29 Vol. —_j Pg. L3�-3 Withdrawing Party's BVWACS Value and assume its obligations and rights under the BVWACS Agreement; 17.C.3.2. Share Value. Divide the Withdrawing Party's BVWACS Value proportionally among the Remaining Parties, compensate the Withdrawing Party for its BVWACS Value, and provide for a proportional increase in Annual Assessment; 17.0.3.3. Singe or some of BVWACS Parties Allow one or only some of the Remaining Parties to compensate the Withdrawing Party for its BVWACS Value, assume ownership of the Withdrawing Party's BVWACS Value with a corresponding increase in Annual Assessment; or 17.C.3.4. Ownersbip without Use. Require the Wittrkawing Party to retain ownership of its BVWACS Value but forfeit its use of the BVWAC5 and representation on the Goveming Board and Operating Board unless and until the Withdrawing Party pays what its accred share of the systems operations costs from the Termination Date to the aid of the then currant Budget Year would have been if it had not withdrawn 17.D. Exclusion of Withdrawing Party's Votes. The Withdrawing Party and its vote on the Govemirig Board shall be excluded in determining the votes needed for the Remaining Parties to make a decision about the disposition of the Wrthdrawirig Party's BVWACS Value after the Termination Date. 17.E. D'slro fi of BVWACS Value by ReYiairiing Parties If the Remaining Parties select the ownership alternative in 17.C.3.2, or 17.C.3.3 the Remaining Parties shall provide for payrnant of the Withdrawirig Party's BVWACS Value in the fiscal year following the fiscal year of the Termination Date. 171. Effect of Disposition on Ivlanbersbip in Governing Board If the Remaining Parties select the option in 17.C.2 or 17.C.3.3 and Withdrawing Party's BVWACS Value is divided among the Remaining Parties or assumed by one or only some of the Remaining Parties, the representation of these BVWACS Parties on the Governing Board shall not be incr� 17.G. Depreciation of BVWACS Value. If the Withdrawing Party retains its BVWACS Value, the portion of the value that relates to depreciable assets shall be reduced annually on a declining balance method over the useable life of the asset as long as the depreciable assets that form part of the BVWACS Value are owned by one or more of the Rernainirig Parties. Page 30 VOI. _ Pg. The portion of the BVWACS Value that relates to non - depreciable assets shall remain unchanged. 18: Effect of Breach and Default. 18.A Events of Breach Breach results from any of the following 18.A1. Pavr�rent. A BVWACS Party/s failure to appropriate or pay its Annual Assessment timely, 18.A2. FCC Rules. Violation of FCC rules and regulations by a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 18.A3. Policies and Procedures. Individual or repeated violations of approved written policies and procedures by a BVWACS Party or any BVWACS Associate with Wvch it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 18.A4. Inappropriate Use. Inappropriate use of the BVWACS by BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation AAgreernent; 18.A5. Penalty Pmt. Failure to pay FCC penalties or fines resulting from the actions of a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement, 18.A6 Impwpg Disposition of Assets or Interest. Disposing of assets owned by only one or some of the Parties in contravention of the provisions of this Agreerrent, or failure to follow the required process set forth in this Agreement of divesting a Party's interest in a BVWACS Improvement, BVWACS Infrastructure or BVWACS real property. 18.A7. Adverse Impact. Any other action or omission that has a material adverse impact on the operation and maintenance of BVWACS; or 18.A8 Substantial Perfonnance. Failure to perform substantially its material obligations other than failure to appropriate or timely pay its Annual Assessment. 18.13. Breach for Non - Payment. The decision to exercise rights granted by this subsection 18.13. shall be made by the Governing Board If any BVWACS Party comrnits the breach described in 18.A1, the Governing Board may determine to deliver a written notice of breach to the BVWACS Party that specifies the nature of the breach and indicates that Page i _ 31 Voi. Pg. _�J unless the breach is cured within thirty (30) days, additional steps shall be taken A breach described in 18.A1 can only be cured by paying that Annual Assessment. If the breaching BVWACS Party does not cure that breach within thirty (30) days of receiving the written notice of breach, the breaching BVWACS Party is in default and the Governing Board shall deliver a written notice of default to the BVWACS Party that specifies the following 18.B.1. The nature of the default, 18.B.2. The date of the notice of breach- 18.B.3. The failure of the breaching BVWACS Party to cure limply, and 18.B.4. The BVWACS Party's interest in the BVWACS is terminated no later than 60 days from the date of the written notice of breach if the termination is approved by all of the BVWACS Remaining Parties unless the default is erred by the defaulting BVWACS Party paying that Annual Assessment within an additional thirty (30) days from the date of default as referenced in 18.A1 above for a total of sixty (60) days from the date of default unless the Governing Board approves a longer timeframe. 18.C. SWm5im for Other Breaches. If any BVWACS Party commits a breach described in 18.A2 through 18.A8 or a breach described in 18.A2 through 18.A8 involving use of any radio or other equipment accessing the BVWACS under the authority of a BVWACS Patty, the Governing Board may suspend the right of that BVWACS Party to use the BVWACS for that radio or equipment or for any other radio or equiprnent for a period of time adequate to cure the breach and determine whether additional remedies are needed 18.D. Notice of Breach. Default. and Termination For Other Bnearines. The decision to exercise rights granted by this subsection 18.1). shall be made by the Governing Board If any BVWACS Patty comtnits a breach described in 18.A2 through 18.A8, the Governing Board may deliver a written notice of breach to the BVWACS Party that specifies the nature of the breach and indicates that unless the breach is cured within thirty (30) days, additional steps shall be taken If the breaching BVWACS Patty begins to cure the breach within the thirty (30) day period, the thirty (30) day cure period is extended as long as the breaching BVWACS Party continues to prosecute a cure diligently to completion and is making a good faith effort to cure the breach. If the breaching BVWACS Party does not cure the breach within thirty (30) days of receiving the written notice of breach or additional period as extended by diligent prosecution of a good faith effort to cure the breach, the breaching Page — - - -- - - — — 32 Vol. /8,j Pg. /✓�` BVWACS Party is in default and the Governing Board shall deliver a written notice of default to the BVWACS Party which specifies the following: 18.D.1. The native of the default; 18.13.2. The date of the notice of breach; 18.13.3. The failure of the breaching BVWACS Party to cure timely, and 18.13.4. The BVWACS Party's interest in the BVWACS is terminated on the effective date stated in the notice if the termination is approved by all of the BVWACS Remaining Parties unless the default is cured within thirty (30) days of the notice of default. 18.E. Disposition of BVWACS Value. The Remaining Parties shall determine as to how the Terminated Party's BVWACS Value shall be disposed. The Remaining Parties have ninety (90) days after the date that termination is effective to determine the value and disposition of the Terminated Party's BVWACS Value. The Remaining Parties may seek an agreement with the Terminated Party about its BVWACS Value. If the Terminated Party and the Remaining Parties are unable to agree on the Terminated Party's BVWACS Value, they shall use the method for determination of value in section 17.C. as if the Terminated Party were a Withdrawing Party. When the BVWACS Value is determined, the Remaining Parties shall determine how the ownership of the BVWACS Values is to be disposed. The Remaining Parties shall consider at least the following ownership alternatives for the BVWACS Value of the Terminated Party 18.E.1. New Party Find another entity to compensate the Terminated Party for its BVWACS Value, assume the ownership of the Terminated Party's BVWACS Value, and assume its obligations and rights under the BVWACS Agreement; 18.E.2. Share Value. Divide the Terminated Party's BVWACS Value proportionally among the Remaining Parties so that the Remaining Parties can each compensate the Terminated Party for their share of the BVWACS Value and pay a proportional increase in Annual Assessment in the fiscal year following the fiscal year in which the default last occurred; 18.E.3. One or More BVWACS Parties Allow one or more Remaining Parties to compensate the Terminated Party for its BVWACS Value and assume ownership of the Terminated Party's BVWACS Value with a corresponding increase in Annual Assessment; or Page 33 V01. �,� Pg. /,�% 181.4. OwneW* Wthou t Use. Require the Tenminated Party to retain the ownership of its BVWACS Value but forfeit its use of the BVWACS and representation on the Governing Board and Operating Board and annually reduce its BVWACS Value by twenty per cent (20 %) of the original BVWACS Value so that the Terminated Party has no BVWACS Value remaining after five (5) years. The Temunated Party would transfer the reduction in value among the Remaining Parties each of such five (5) years proportionally based on the Remaining Parties respective Participation level during the year such distribution is made. 18.F. Exclusion of Terminated Pad3(s Votes. The Terminated Party and its vote on the Governing Board shall be excluded in determining the votes needed for the BVWACS Remaining Parties to make a decision about the disposition of the Terminated Party's BVWACS Value after the date that termination is effective. 18.G. Effect of Termination on RMresentation on Go nn —ffie Board If the Terminated Party's BVWACS Value is divided among the Remaining Parties or assumed by only one or some of the Remaining Parties, the representation of these BVWACS Parties on the Governing Board shall not be increased. 19. Effect of Withdrawal or Termination on Remaining Parties. Termination or withdrawal of a BVWACS Party has no effect on a Remaining Party's rights to participate in the BVWACS other than the specific rights and duties set out in this Agreement, and the continuing duty of all Remaining Parties to pay their Annual Assessrment. 20. FCC Licenses. Termination or withdrawal of any Party from the BVWACS shall include the surrender to the Remaining Parties any and all of that BVWACS Party's radio frequency licenses that were licensed for the purpose of implementing the BVWACS. The Remaining Parties shall determine whether to request reassignment of the license to another BVWACS Party or surrender these licenses to the Federal Communications Commission (FCC . The Rernairung Parties are responsible for complying with all rules and regulations of the FCC related to reassignment and surrender of these licenses. Notwithstanding the above, licenses held, managed and owned by only one or some of the Parties as the exclusive license of such Party or Parties at the time of termination or withdrawal are not subject to the provisions of this section 21. Dispute Resolution Process. Page 34 Vol. __�__,.� P9•_�� 21.A lion All BVWACS Parties are encouraged to work together to resolve all disputes prior to invoking the dispute resolution process set forth herein 21.B. Hearing by Qpmting Board Any BVWACS Party that has an issue or dispute relating to the BVWACS may request a hearing before the Operating Board. The Operating Board shall hear such matter after requesting information regarding such dispute or issue from such BVWACS Party and from the BVWACS Managing Entity. The Operating Board shall then hold a hearing and render its decision in writing, 21.C. AppW to Govenung Board A BVWACS Party that is adversely affected by the Operating Board's decision may appeal such decision to the Governing Board, which may elect to bear the appeal or refer the matter to mediation 21.D. Withdrawal of Dispute. A dispute maybe withdrawn at any time during the Dispute Resolution process. 21.E. Tom: 21.E.1. Initial Hearing. Any BVWACS Party may bring an issue or dispute to the Chair of the Operating Board The Chair must schedule a meeting of the Operating Board within (15) fifteen business days of receipt of the notice and provide a written determination to the appropriate BVWACS Parties and to the BVWACS Managing Entity within (5) five business days after the hearing. Any appeal of the decision or recommendation of the Operating Board is to the Governing Board 21.E.2..Appgd to Goveming Board Any appeal from the decision of the Operating Board must be made by delivery of written notice of appeal to the BVWACS Managing Entity and Governing Board within (15) fifteen business days after receipt of the Operating Board's decision or recommendation The Governing Board may meet to hear the appeal or may elect to send the appeal to mediation The Governing Board, assisted by the BVWACS Managing Entity, either schedules a hearing or sends the appeal to mediation within (25) tinentrfive business days of receipt of the notice of the appeal. Any appeal from the Governing Board's recommendation is to a mediator as described below. 21.E.3. Mediation If the Governing Board refers a dispute to mediation, the parties to the dispute shall select, within thirty (30) days, a mediator trained in mediation skills to assist with resolution of the dispute. The parties to the dispute agree to act Page . O 35 in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Agreement prevents the parties from relying on the skills of a person wino is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) days after the Governing Board refers the dispute to mediation, the mediator shall be selected by moutoal agreement. If that is not possible, by the Dispute Resolution Center of the Brazos Valley or a mutually, agreeable mediation center. The parties agree to participate in mediation sessions in good faith for a period of up to thirty (30) days from the date of the first mediation session Notice of the date, time, and location of the mediation shall be given to the BV WACS Managing Entity, which may attend. The parties to the dispute shall shire the costs of mediation equally. If efforts to mediate the dispute are unsuccessful, the parties to the dispute shall then be free to exercise all available rights and remedies under this Agreement, or at law or in equity. 21.E.4. AplLlication of Gove me nt Code. chapter 2260. To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement, is not inconsistent with the process set forth above, and is riot Preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used in disputes involving Texas A & M University that cannot be resolved in the ordinary course of business. The designated offices of Texas A & M University, as applicable, shall examine the claim and any counterclaim and negotiate with the claimant in an effort to resolve such claims. The BV WA(5 Parties specifically agree that 21.E.4.1. Neither the execution of this Agreement by Texas A & M University nor any other conduct, action or inaction of any representative of Texas A & M University relating to this Agreement constitutes or is intended to constitute a waiver of Texas A & M University's or the states sovereign imrni"tyto suit; and 21.E.4.2. Texas A & M University has not waived its right to seek redress in the courts. Page 36 Vol. 3 pg. � 22. Miscellaneous. 22.A Interlocal Ali t. This Agreement is an Interlocal Agrearent authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code Each BVWACS Party agrees that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized govemnxntal function, which it is authorized to perform individually render the applicable statutes of the State of Texas and /or its charter. Each BVWACS Party agrees that the compensation to be made to the other BVWACS Parties as set forth in this Agreement is in an amount intended to fairly compensate each perfomnmg BVWACS Party for the services or functions it provides hereunder, and is made from current revenues available to the paying BVWACS Party. Where applicable, this Interocal Agreement shall be adrnmistered in accordance with the laws applicable to a honrnrle municipality. 22.B. IMM miCy as a Defense. No BVWACS Party has agreed to waive any defense, right, immunity, or other protection under law including any statutory provision, by entering into this Agreement or otherwise participating un the BVWACS. 22.C. Retention of Defenses. The Parties agree that neither this Agreernerut nor the operation or use of the BVWACS by the BVWACS Parties affect, impvr, or limit their respective inuraunities and limitations of liability to the claims of third parties, including claim predicated on premises defects. 22.1). Notices. Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepad, addressed to such BVWACS Party at the following respective addresses: City: Cityof Bryan Attention City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: City of College Station Attention: City Manager, with a copy to the City Attorney PO Box 9960 College Station, TX 77842 Page 37 Vol. —1 —. pg. �G/ City: City of Brenham Attention: City Manager, with a copy to the City Attorney 200 West Vulcan Street PO Box 1059 Brenham, TX 77834 County: Brazos County Attention County Judge, with a copy to County Attorney 200 S. Texas Avenue Sprite 332 Bryan, TX 77803 County: Washington County Attention County Judge, with a copy to County Attorney 100 East Main Street Sprite 104 Brenham, TX 77833 Texas A & M University: Texas A& MUrniversity Attention Vice President and Associate Provost For Information Technology and Chief Information Officer 1365 TAMU College Station, TX 77843 -1365 All notices so given, are deemed given on the date so delivered or so deposited in the US Mail. All BVWACS Parties may change their address by sending written notice of such change to the other Parties in the manner provided for above. 221. . This Ag eernent being based upon the special qualifications of each BVWACS Party, any assig<unent or other transfer of this Agreernent or any part hereof without the express consent in writing of the other Parties is void and has no effect, which consent shall not be unreasonably withheld 221. Entire . The entire agreement among the BVWACS Parties is contained herein and no change in or modification, terrmnabor> 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 all Parties. • IIIMWAW�� `• L? 22.G. Prior Ate. This Agreement supersedes any and all prior agreements regarding this subject that may have previously been made. The subject of this Agreement is the construction, acquisition, implementation, operation and maintenance of the BVWACS. 22.11 . If any tam or provision of this Agreement is, to any extent, rendered invalid or unenforceable, the remairider of this Agreanent is not affected, and each other tam and provision of this Agreerruart remains valid and enforceable to the fullest extent permitted by law, 22.I. Non waiver. Fa vice of a BVWACS Party to exercise any right or remedy for a breach or default of any other BVWACS Party does not wive such right or remedy for that breach or default or in the event of a subsequent breach or default. 22.J. Authorityof Signatories. Each BVWACS Party represents to all the other BVWACS Parties that the representative signing this Agreerrent on any BVWACS Party's behalf has been duly authorized by the governing body of that BVWACS Party in compliance with Texas law. 22.K. Further Assurances. Each BVWACS Party agrees to perform all other acts and execute and deliver all other docurry nts as may be necessary or appropriate to carry out the intent and purposes of this Agreanart. 221. Exhibits The Exhibits, which are attached hereto and described below, are incorporated herein and made a part hereof for all purposes. 22.M Counterparts and hNtile Originals. This Agreement is effective as of the Effective Date set forth in this Agreerrmt. This Agreement maybe 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 instn ntent The term of this Agreement become birxling upon each BVWACS Party from and after the time that it is executed by all BVWACS Parties. The counterparts may be signed in multiple originals to allow each BVWACS Party to have an originally signed counterpart for each BVWACS Party The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the Parties. Exhibit List. Exhibit A — Participation Table Exhibit B — Initial Phase of the BVWACS Page 39 vol. Exhibit C - Service Area map for Initial Phase Exhibit D - BV WACS Associate Standard Terns and Conditions Exhibit E -Goals and Objectives Exhibit F - Monthly, Quarterly, and Annual Evaluation Factors Exhibit G - Governance, Operation, and Maintenance Flow Chart and Distribution of Board Membership Exhibit H- Initial staffing for BVWACS Program MY OF BRYAN Page 40 Date: IVol. / 4_7 pg. /li r: QTY OF COLLEGE STATION Page 41 Date: Vol. QTY OF BRENHAM Page 42 Date Y Page 43 Date: 311,3 _ WASHINGTON COUNTY By. Date: Page 44 1 - - -- -- Vol. / f'j pg. /G TEXAS A& M UNIVERSITY Dates Page 4S FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit A Participation Table BVWACS Party Participation Level City of Bryan 2035% City of College Station 31.29% City of Brenham 9.69% Brazos County 13.350/6 Washington County 15.570/6 Toms A & M University 9.72% Page 46 Vol. �j_. Pg. �%O FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit B - Initial Phase Each of the BV WACS parties will contribute existing infrastructure, and real property currently owned or ]eased by the parties for the purpose set forth in the Agreement. The existing infrastructure and real property contributed by each of the parties at the execution of the Agreen ent is as follows: College Station Access to 325' radio tower, equupment shelter, land (tower & shelter located), existing equripment and finnishirtgs that will serve the BVWACS system Bryan Access to secure third floor equ apment space, including 48 VDC battery plant, generator wise, and tower use rights on a 133 foot conurn inications tower atop the 4 story building ilding located at 101 Regent Street, Bryan, Texas. Access to a climate- controlled, fenced, equuiprrent shelter, including UPS system and generator, and use of two conventional 800 MHz repeaters, including their antenna system, at the City of Bryan water tower located on Luza Street, between 26h Street and 28" Street, Bryan, Texas. Brenham Comurunnications existing furnishings (console desks). Washington County Access to three rental towers with shelters. Brazos County Page 47 v0;. /4'r / 7/ Access to a climate- controlled, fenced, equipment shelter on real property located at 21550 Kathy Fleming Road, Mllican, Texas, in sotrth Brazos Corutty. Texas A&M University Access to a 320 foot tower located at Hensel Park for installation of the radio antennas and cable. Space in the TAMU radio hansrnission facility for up to six 19" floor moratt racks. Air conditioning and AC power (stipported both by UPS and aerator) for RF tranwission 24x7 access to the radio facility via University issued keyless entry access cards for approved personnel. Environmental monitoring of facilitybyTAMU Network Operations Center on a 24x7 basis The monitoring will indude security cameras, temperattm and htnrudity alarms, power inter niption alatrrs and high water alarrrs. t_ : R_I a• s !w• _s • .war!.!•_ L. ttt. y . . Phase I • provided ••J • consoles replacement/upgrade for parties Table 1: Phase I Item /Site Description Network Connectivity Leased connectivity to connect all the sites together Bryan /Brazos County Site Includes 700/800 MHz Multicast Base equipment with racks 6 chls , Xmit & Rcv antennnas and coax College Station Site Includes 700/800 MHz Multicast Base equipment With racks 12 chls Xmit & Rcv antennnas and coax College Station Console Sys As shown in Table 2 below. - 6 o erator ositions Bryan /Brazos county Console Sys Convert existing system to P25 Millican Includes 700 /800 MHz Multicast Base equipment with racks 6 chis Xmit & Rcv antennnas and coax Hensel Park Site Includes 700/800 MHz Multicast Base equipment with racks 6 chls Xmit & Rcv antennnas and coax Page -- - -- 48 [Vol. TAMU Console Equip Convert existing system to P25 LCRA - Site Includes 700 /800 MHz Multicast Base equipment with racks 6 chis Xmit & Rcv antennnas and coax Brenham Site Includes 700/800 MHz Multicast Base equipment with racks J6 chis Xmit & Rcv antennnas and coax Burton Site Includes 700/800 MHz Multicast Base equipment with racks 6 chis Xmit & Rcv antennnas and coax Brenham Emerg Comms Console Sys As shown in Table 2 below. - 4 operator positions Management Reserve Includes structural analysis of all towers and project reserves. Console eVpmntt mstalW at CoDeW Station and the City of Brenham is shown in Table 2. Table 2: Console Equipment Console Sys Equipment IP Based console sys Console site router Auxiliary 1/0 Server Site Controller Conventional Channel Gateway LAN Switch Operator Position Equip: PC, Mouse, Speakers, Mic, Keyboard IP Based Logging Sys: Archiving Interface Server, Digital Logging Server, Digital Logging Recorder, Logging Playback Station 700/800 MHz P25 Trunked B/U Stations Remote Control - Multimode Antenna System Lightening Protection UPS Page 49 Vol, -- pg. FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit C - Service Area N C Page SD VOI. FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit D - BVWACS Associate Standard Terms and Conditions When using the Brazos Valley Wide Area Comnrruications System ( "BVWACS "), BVWACS Associate shall abide by all policies, procedures and guidelines established by the BVWACS Operating Board, the BVWACS Governing Board, and the terms and conditions of this BVWACS Associate Interlocal Cooperation Agreement BVWACS Associate shall use the BVWACS in a manner consistent with the Standard Operating Procedures established by the BVWACS Operating Board and in compliance with applicable Federal Con-muruications Commission ( "FCC ") regulations and rules. BVWACS Associate is encouraged to use and improve the interoperation capabilities of the BVWACS and to provide input to the BVWACS Managing Entity on the day -to-day operations of the BVWACS and development of B V WACS standard operating policies and procedures. BVWACS Associate shall utilize its sponsoring BVWACS Party as its primary point of contact for requests for BVWACS Improvements. BVWACS Associate shall utilize the BVWACS Managing Entity as its primary point of contact when dealing with problems, or to anstaer questions. B V WAGS Associate shall work in good faith with the BVWACS Managing Entity to help resolve problems. BVWACS Associate shall purchase and provide its own subscriber radios and equipment to be used on the BVWACS. The selection and specifications for these radios and equipment must be coordinated with the BVWACS Managing Entity so that all radios and equipment purchased are compatible with the BVWACS. Page -- 51 Vol BVWACS Associate shall ensue that programming for its subscriber equipment that uses the BVWACS is consistent with the Standard Operating Procedures established by the BVWACS BVWACS Associate has no right to use the BVWACS if the BVWACS Party entering into this BVWACS Associate Interlocal Cooperation Agreement with it is no longer eligible to use the BVWACS. BVWACS Associate is subject to any limitations or restraints on its usage of BVWACS that apply to the BVWACS, Party entering into this BVWACS Associate Interlocal Cooperation Agreement. The current term of this BVWACS Associate Interlocal Cooperation Ageerrent shall not exceed the current term of the Intedocal Agreement for Construction, Acquisition, Implementation, Operations and Maintenance of a Wide Area Communications System. BVWACS Associate maybe subject to immediate suspension of this BVWACS Associate Interlocal Agreement for violation of FCC rules and regulations, individual or repeated violations of the BVWACS Standard Operating Procedures, or use of the BVWACS that is determined to be inappropriate by the Governing Board Upon thirty (30) days written notice that specifies the existence and nature of the default, the BVWACS Party sponsoring the BVWACS Associate may automatically terminate the participation of BVWACS Associate. Default results from failure to comply with the BVWACS Associate Interlocal Cooperation Ageerrent, including. 1. Violation of FCC rules and regulations, 2. Individual or repeated violations of the BVWACS Standard Operating Procedures, or 3. Use of the BVWACS that is determined to be inappropriate by the Governing Board BVWACS Associate may avoid termination if the default is cured within thirty (30) days. If the BVWACS Associate begins to cure the default within the thirty (30) day period, the time to cure may be extended, at the sole discretion of the sponsoring BVWACS Party, for as long as the BVWACS Associate diligently continues to work toward completion of the cure. Page _ 52 Vol BVWACS Associate shall ensure that the persons it authorizes to use its radios and equipment are trained in the proper use and etiquette for two-way radio communication BVWACS Associate shall reimburse the BVWACS Party that is the holder of an FCC license if there is any actual or alleged violation of any FCC rule or regulation as a result of any radios or equipment that is owned by BVWACS Associate or used by any person associated with BVWACS Associate for all costs arising from the actual or alleged violation, including costs and attorneys fees for defense f.. I .. Page _ 53 vol� ,/ Y-5- t 177 FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTAITON, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit E Goals and Objectives GOALS The goal of the Brazos Valley Wide Area Com mrmications System is to provide voice radio and ultimately data transmission coverage and radio communication interoperability throughout the Service Area utilizing Infrastructure and Improvements currently provided by the Parties as well as new Infrastructure and Improvements in accordance with this Agreement. OBJECTIVES 1. The Brazos Valley Wide Area Communications System shall maintain an appropriate reserve capacity based on the determination of the Governing Board 1 The Brazos Valley Wide Area Communications System shall strive to maintain coverage at or above 95% reliability for a portable radio mm on the hip with a speaker collar microphone inside a —10db loss building within the Service Area 3. To the extent practicable, the Brazos Valley Wide Area Commiatications System shall maintain interoperability with other public safety and governmental radio systems within the Service Area, the Brazos Valley Council of Governments area, regionally, statewide, and nationally. 4. The Brazos Valley Wide Area Comnumications System shall maintain the perforn-unce and ecpripment of the BVWACS WAGS at a standard consistent with the developments in technology and the needs of the BVWACS Parties. 5. The Brazos Valley Wide Area Communications System shall research and pursue opportunities for assistance for funding the BVWACS through grants and other means. Page 54 Vol. - - L3 _ Pg. FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit F Monthly, Quarterly and Annual Evaluation Factors Maintain system reserve capacity at or above the level approved by the G oveming Board Maintain coverage at RFP's coverage specifications. Report number of minrrtes of BV WAC5 non - normal operation Report number of system busies. Report BVWACS Support Vendor response time to system problerrs. Develop shared staff performance measures. Report peak Busy Hotr for each month Page ss FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit G- Governance, Operation, and Maintenance Flow Chart and Distribution of Board Membership BVWACS Governing Board Bryan s Mayor, or delegate College Stations Mayor or delegate Brenham's Mayor or delegate Brazos County's Judge or delegate Washington County's Judge or delegate Texas A & Its, Vice President and Associate Provost for Information Technology, or delegate BVWACS Operating Board Bryan -1 Menber, l Alternate College Station - 1 Member, 1 Alternate Brenham -1 Member, l Alternate Brazos County -1 Member, l Alternate Washington County 1 Member, 1 Alternate Texas A & M University -1 Mernber, l Alternate BVWACS Managing Entity Brazos Valley Council of Goverrunents 56 I Vol. _ / tu /890 FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit H Staffing for BVWACS Program for FY 2014 Radio System Manager (100 %) Page S7 Interlocal Agreement For Managing Entity by the BVCOC for the Brazos Valley Wide Area Communications System THIS INTERLOCAL AGREEMENT ( "ILA "), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act'), by and among the Brazos Valley Council of Governments, hereinafter referred to as " BVCOG," and the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas A & M University, all political subdivisions or agencies of the state of Texas. WHEREAS, the Brazos Valley Council of Governments (the "BVCOG ") is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas Government Code, the BVCOG is authorized to contract with eligible entities to perform governmental functions and services; and WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas A & M University, collectively hereinafter sometimes referred to as the "BVWACS Parties" have entered into the First Restatement of the Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System to create and maintain an interoperable radio and data communications system (the "BVWACS Agreement'); and WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the BVWACS Agreement; and WHEREAS, the BVCOG desires to undertake the supervision of the performance of the BVWACS Agreement as set forth in this Agreement; NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The BVCOG represents that it is eligible to contract with the BVWACS Parties under the Interlocal Cooperation Act for the purposes recited herein because it is a local government and it possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties represent that they, too, are each local governments or political subdivisions eligible to enter into this Agreement for the purposes recited herein. Vol. _� �j, Pa. _� ARTICLE 2: APPLICABLE LAWS The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. This includes applicable laws relating to purchasing and bidding of products and services, maintenance of open records and use of the Brazos Valley Wide Area Communications System in accordance with Federal Communications Commission rules. A party to this Agreement is financially responsible for any FCC penalties, fines or other financial encumbrances or penalties caused by the actions of its agents, employees or representatives. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement among the parties hereto, and supersede any and all oral and written agreements among the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when approved by the governing body of the last party which approval makes the Agreement go into effect or October 1, 2013, whichever occurs latest. It shall remain effective until September 30, 2018, subject to the rights of termination set forth herein. The conditions set forth below shall apply unless modified or terminated in accordance with the provisions hereof. ARTICLE 5: SCOPE OF SERVICES The BVCOG agrees to perform certain services for the BVWACS Parties at specified rates and costs as set forth in Exhibit "A -Y' Scope of Services attached hereto. Additionally, the BVCOG agrees to perform as the BVWACS Managing Entity as set forth in the BVWACS Agreement which is attached hereto as Exhibit "A -1." The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit "A ". Nothing herein shall make the BVCOG responsible for providing funding for various projects associated with such grant or programs in the event of a shortfall. ARTICLE 6: PAYMENTS Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon presentation of properly documented statements on a quarterly basis to each of the BVWACS Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All payments for goods or services will be made from current revenues available to the BVWACS Parties. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all the parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into Page -- - - - - -- -- - Vol. ��-3 Pg. �3� this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 8: TERMINATION PROCEDURES The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90) days written notice by certified mail to the other parties to this Agreement. The obligations of the BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the responsible party. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that any party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: 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. ARTICLE 12: NOTICES Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepaid, addressed to such party at the following respective addresses: Brazos Valley Council of Governments: Attention: Executive Director P.O. Box 4128 Offices: 3991 East 29`" St. Bryan, Texas 77805 -4128 City: City of Bryan Attention: City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: Pag I Vol. 8,j pg. �Y- City of College Station Attention: City Manager, with a copy to the City Attorney P. O. Box 9960 College Station, TX 77842 City: City of Brenham Attention: City Manager, 200 West Vulcan Street PO Box 1059 Brenham, TX 77834 with a copy to the City Attorney County: Brazos County Attention: County Judge, with a copy to County Attorney 200 S. Texas Avenue Suite 332 Bryan, TX 77803 County: Washington County Attention: County Judge, 100 East Main Street Suite 104 Brenham, TX 77833 with a copy to County Attorney Texas A & M University: Texas A & M University Attention:Vice President and Associate Provost For Information Technology and Chief Information Officer 1365 TAMU College Station, TX 77843 -1365 ARTICLE 13: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. 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. C. 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 all the parties. d. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. Page 4 Vol, � Pg. e. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either parry thereafter to enforce each and every provision hereof. f This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of all the other parties to this Agreement. g. This Agreement is effective as of the effective date set forth above. 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 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. Page 5 Vol. / _ p9•_1 THIS INSTRUMENT HAS BEEN EXECUTED IN MULTIPLE ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: BRAZOS VALLEY COUNCIL OF GOVERNMENTS 0 re 6 Vol. �� Pg 8 % CITY OF BRYAN By: Date: Page 7 Vol. p3 p g. CITY OF COLLEGE STATION By: Date Page 8 Vol. �— Pg. CITY OF BRENHAM By: Date: Vol. COUNTY 0 Page 10 Vol. WASHINGTON COUNTY 0 Date: Page 11 Pg._z-,g� TEXAS A & M UNIVERSITY Date: Page - 12 Pg. EXHIBIT "A -1' SCOPE OF SERVICES The BVCOG shall perform the following services at the following rates for the BVWACS Parties as the Managing Entity pursuant to the BVWACS Agreement: 1. Perform as Managing Entity asset forth in the BVWACS WAGS Agreement. This includes the following: a. Overall mana=i 1t To manage the B V WAGS on a day to day basis. Responsibilities include specific duties outlined in the BVWACS Agreerrent plus any other duties as determined by the Governing Board created under such Agreement. b. Managerrent. Perform ongoing managerrent of the constriction, acquisition, implementation, operation and maintenance of the BVWACS, c. Coordination with other radio su sterrn. Serve as principle coordinator with other radio systems as determined by the Governing Board; d. Minutes. Maintain minutes of the Governing Board and Operating Board meetings, e. Recomrruaudations. Make recommendations to the Operating Board regarding proper performance of the BVWACS under the terms of this Agreement, f. Srmendsion Supervise additional Employees as applicable; g Disaute Resolution. Assist in the administrative dispute process as set out elsewhere in this Agreement. h. Agwrent cogyc Maintain and make available at all reasonable times to the Operating Board and to the Govering Board a current copy of this Agreement, including any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures or standards; L Financial Eg pwobilities. Reconcile the budget on a quarterly basis or as requested by the Govering Board. Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board; j. RWQrts. Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; . k Record K=m Maintain and keep current all records, legal documents, contracts, manuals, warranties, etc. relating to the BVWACS and make same available for review by any of the Parties upon request; 1. Contract Administration Administer all contracts for the construction, acquisition, implementation, operation and maintenance of the BVWACS; r Project Managerrent. Oversee the management of all projects relating to the construction, acquisition and implernerutation of Infrastructure and Improvements to the BVWACS; n Standard Operating Procedures Develop, distribute and keep current standard operating procedures for the BVWACS as directed by the Operating Board, o. BVWACS Availability Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives Page — 13 / set forth herein and that support interaction and communications with other public safety radio systems; p. Grant Administration Oversee the application, administration and financial management of grant hording programs available for the construction, acquisition, implemntation, operation and maintenance of the BVWACS. This includes performing as a recipient or sub - recipient for the BVWACS Parties in relation to such grant programs, and such other duties as set out below 2. PerformGrant Administration, including the following a. Procurement and evaluation responses resulting in specific recommendations to the BVWACS Governing Board for the execution of grants and contracts, including receipt of funds; b. Recommendation to the BVWACS Governing Board for the award of subcontracts for the provision of the services set forth for covered programs that have been approved in accordance with the BVWACS Agreement; c. Nianagennent, administration, and oversight of subcontracts and subcontractors' performance, including for contracts for planning evaluation, and monitoring d Payment of all authorized grant program expenses, whether for staff or administrative services, participant support costs, authorized subcontracted services, participant wages or stipends, or other costs incurred in the implementation of programs, e Reimbursement of any questioned or disallowed costs will first be demanded from the subcontractor where the costs occrmed, and making recommendations regarding possible sohutions; f. Maintenance of financial and grant participant information records, g Preparation and delivery of such reports and invoices for funds as are regrrined by the state and federal rules, regulations, and administrative policies applicable to the program covered under the statutes; h Preparation of a budget for Grant Recipient/Fiscal Agent; i Authority to procure service providers for services authorized in the adopted and approved annual plans for the covered grant programs;; and j. Provision of other duties that maybe required by changes in state and /or federal rules, regulations, and /or policies that are applicable to the covered grant program. 3. Exclusion from scope of services: a Conveyance of interests in real property. This does not prohibit the provision of services relating to property acquisition, such as oversight of surveys, title work, appraisals, etc. Page 14 - - -- Vol. EXHIBIT "A -2' Direct Expenses Travel APPROVED EXPENSES FY2013 BUDGET Personnel 258,445 System Manager 91,052 BVCOG Staff 19,351 Benefits 33,941 Total Personnel 144.344 Direct Expenses Travel 8,000 T -1 lines 109,164 Maintenance (Motorola) 258,445 Maintenance(HCRRS) 77,765 Supplies 8,535 Telephone Expense 1,400 Equipment 2,307 Contingency 1,731 Consultants 807 Postage, Printing, Training 1,250 Other Direct 15,000 Total Direct Expenses 469.774 Other Direct Expenses Copier Expense 160 Postage Expense 192 Insurance 6,000 Training and Meeting Expense 2,500 Total Other Direct Expenses 8852 Internal Service Funds Accounting Svc ISF 4,608 System Adm ISF 10,149 Copy Fax Service ISF 513 Human Resource Management ISF 8,535 Office Space ISF 6,552 Recept Internet Loc Ph ISF 2,307 Core Supplies ISF 1,731 Supply Procurement ISF 807 Audit Expense 1,250 Total Internal Service Funds 36.452 Total Expenses before Indirect 659.422 Indirect Expenses Indirect Cost Expense 17,804 Total Indirect Expenses 17.804 Total EXPENSES Page is 1FVol. - � 83 pg•�L _i FY2013 APPROVED CAPITAL BUDGET Revenue Beginning Balance $ 131,853 Partners' Contributions $ 293,000' TOTAL REVENUE $ 424.853 Expenses Console replacement project $ 458,553 Less: Motorola discount $ (35,000) TOTAL EXPENSES $ 423.553 Carry forward to FY2014 $ 1,300 This amount will be reduced by $ 61,523.71 if BVCOG's requested FY2012 Homeland Security Grant for this project is received. Page 16 -- - o BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: August 13, 2013 ITEM: Consider and take action on conditional acceptance of the roadways (Meadowcreek Drive, Sagewood Drive, Faircrest Drive, Cloud Lane, Stewart Drive, Meredith Lane, Leawood Drive and Pidmont Lane) of Meadowcreek Subdivision Phases 1, 2, 3 and 4A into the Brazos County road maintenance system. Site is located in Precinct I. NOTES/EXCEPTIONS: • Brazos County will not assume any responsibility whatsoever, behind the curb. • Brazos County will maintain only the roadway from curb to curb. • Private drainage ways and easements, storm sewers, sanitary sewer and water lines and all other facilities shall be maintained by others. • The HOA shall be responsible for mowing and landscape maintenance of all rights of ways /easements. SUBMITTED BY: APPROVED BY: R. Alan Munger, P.E. Commissioner Lloyd Wassermann County Engineer Precinct I CC2013- Meadowcreek Phases 1- 2 -34A -county Mainunance This Request is Approved Ed(or) Denied El by Commissioners' Court Date: X �u \—'- E. Duane Peters, County v1,1 /ac/1-14, BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: August 13, 2013 SUBJECT: Utility Permit — Halcon Field Services, LLC Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Broach Road. Crossing will be approximately 2,100' northeast of Castenson Road. Project will connect pipeline to several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: Jo Salvatc, Right of Way Agent APPROVED BY: Sammy atalena Commissioner Precinct 2 This request is dAPPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: b 5 _— vol. __/ ou PA. - - /-,F f TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now AI o F � V. u u a 1.( C [company name], hereinafter referred to as "Company" a [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate equipment under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE OUR, Bored Jacked I Driven I Cased Facility to Parallel County Road Within Riaht -Of-Wav CONSTRUCTION TYPE Diameter ,o`ZSo wall Thickness JO Higlt Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification �t.e I 1 x- ` operating pressure) pressure) Minimum Yield Strength iqP. Maximum Operation Pressure 14411 0%, The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within A_(, _ working days. (COMPANY MUST FILL IN). If such construction is not begun by the 600 day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. R is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Coutpary foils to obtain a permit prior to file installation or does not install utilities in compliance with installation requirements sel forth herein (i.e. depth, locanioru, etc), Company assumes all fwancial responsibility for damages andlor destruction of lines, cables, etc. based upon its failare to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terrns of this policy, Applicant stipulates that requisites jar injunctive relief exist and Not Brazos County is entitled to relief enjoining any conduct by rrpplicad which is contrary to the policies. This permit is a revocable permit. Brazos County reserver file right to revoke this permit at any lime, ill the sole discretion of Brazos County, for interests of public health, safety or welfare, or for fnihtre to repair any damages upon demand, orfor any other reason deeored sufficient by Brazos County. fit llte event Company fails to comply with any or all of lite requirements as set forth herein, the Corudy nay lake such action as it deems appropriate to compel compliance. The County Engineer jurtier retains llte right to revoke this Permit by verbal notification to the Applicant /Company. Failure to obtain this pernir and/or noldjy the Country Engineer's Office nvilhin 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. �Q t t\ �; V (1c _ Company Name Address City State Zip Phone Number 1 h�)t ''i If1 A1cr.hrc Ce�s Corn Email: PC) PIPELINE UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated 03- 08- c2O 13 except as noted below: (Month/Day/Year) EXCEPTIONS: rpzy County Engineer Vol. _1 % _ ro, LO� p0 CONNIE L. KEEFAUVER CALLED 2.75 AC. c, I I I I = I I V I I C I ° N.A.D. i m MARCUS L. FULTON UT: 30.80353' A-17 PROPOSED PIPELINE I LON: 96.38447 S 48'41'53" £ I MYRA BEM AYERS CALLED 2.75 AC. (TR. 3) °s• VOL. 3711, PG. 735 I I c I 1 I I DAVID R. McCALLUM ET UX I CALLED 12.58 AC. I VOL. 882, PG, 499 n p DAND E. CURTSINGER " 1 CALLED 1.446 AC. I 1 I VOL. 9758, PG. Ili I I I I 1 I I r ZJ K Q K S Z 9c; W L4J W O LL 0. N < N 0 0000 m O + + + + + + + m m m m m m 0 ELEVATION VIEW OF PROPOSED BUMBLEBEE TO COYOTE PIPELINE CROSSING BROACH ROAD PIPE SPECIFICATIONS WARNINGI UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY THERE MAY ALSO BE OTHER UNDERGROUND UTIL177ES THAT ARE NOT SHOWN. BEFORE ANY EXCAVATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION. Vol. 384 382 380 378 376 374 F50 NUIE: 9LAMLNG5 AML HASLU ON N.A.D. 1983 DATUM JOB NO. T130400— BUM8LEBEE TO COYOTE — BROACH ROAD HALCON FIELD SERVICES, LLC PROPOSED PIPELINE CROSSING BROACH ROAD 0.4 MILS (2,108') NORTHEAST OF CASTENSON ROAD BRAZOS COUNTY, TX. SCALE: DRAWN BY. DATE: - M.P.C. 07 -30 -73 HALCON FIELD SERVICES, LLC This letter is written to comply with section H — item 3 of the "Brazos County Roadway Safety and Road Preservation Standards" for work conducted in Brazos County tight -of- ways: The design and installation of this pipeline and roadway crossings will be constructed in accordance to 49 CFR Part 192 of the Federal Safety Standards. Project Design and Installation Parameters: Project — Bumble Bee to Coyote — Broach Road Product — Natural Gas Pipe Diameter — 8.625" Pipe Wall Thickness — 0.322" Material Specification — Steel, X -52 Minimum Yield Strength — 52,000 psi Maximum Operating Pressure —1,440 psi This pipeline is considered high pressure and will consist of a non -cased pipe with county road crossings depths at or greater than 10' (120 ") below ditch flow line. Sincerely, Tyson B. Glasscock Contract Rep. For Halcon Field Services LLC 903 -258 -4978 Tyglasscock@gmaii.com BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not pernittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirenents I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and /or pole line shall be laid, constructed, maintained and /or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; FVOL 7-PU 2. Plan must be attached to the permit and kept at thejob site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I, All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 6C designated locations based upon the type from back of right -of -way). Power— 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' feet or greater of right of way shall be installed within of utility. The locations shall be as follows: (measured 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. vC)l / JJ f)q, 0219 6 9. Bore Pits a. no pits shall remain open longer than 2 days; b, all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than g hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e, all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f, no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and /or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber lire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and /or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emtergency work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. \lnl F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and /or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities I. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas tines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. v�l / X.3 a �N Ohm o J fll N O D I A O A N O S n o N G O M 3l F_ O A X n D e, m Q N OA � p C a r rn o x r Q � N ppT � v O $QN C °m A .Ilfl,l"iF� III.. 1 10=1. .m.1 I..f. NI II i7e "!i : fr 5,,8iiz3 t a :§Y ::�irxsu� "e:,?it�s7' .':. n s i- 1( N dd i t# $; — ... v �6 fMY11Y 8 ! {MII «f Illll.la. � ♦ 9si1( I' �y�L111Y Y e h Y f Y ': •= till �; �9�t ir��Xgi4l��'a �30�f � ♦ � �i §R g} Y flit $g a IL AeAS f6LSgk xt °�q §ycRC 9 «��x5 p y�y4�11R��X' �'u DP4.YuPQ F('iS yR p�o'7.��q'�,GB i• ''d� pp�ga°opp�a$xa�e�; gR�q�6q oS� '�'qt ii � 1 y a 6 .� - ia�IX' .3�Jfil ilCd iri a)'�"..6L15iJIf`Yii:l• ". Sri" MI,I ll k7l V!11 ,0!i.l ^.f4&Z1-.TJWTfT0Vq :bo]:? 3!3C iml IA:tt1�S5'�yT111:7�Y. HALCON RESOURCES CORPORATION 2285 -• 000 LOUISIANA 00 DATE b-S- 11 11 24/1210 HOUSTON, 00 PAY TO THr ORDEROF • q �. • I)OLLARS MEMO rra is r�nwru � r Vol. _ _L '-� P9__-�- DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge August 13, 2013 Private Property Access Request permission to enter private property owned by Homer L. Rice located on Homer Rice Road. Project will repair and patch pot -holes on the gravel roadway which leads to Mount Tiver Cemetery. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 4. SUBMITTED BY: / �' -A - 4'v, - J V. Salvato Right of Way Agent This request is Duane Peters, County DA'L'E: Cd 13113 APPROVED BY: Irma Cauley Conunissioner Precinct 4 ❑ by Commissioners' Court a BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Gainey Commissioner Pct 4 I. OWNER(S): Homer L. Rice R. Alan Munger, P.E. County Engineer Brazos County Read & Bridge Dept. 2517 Hwy 21 West Bryan, Texas 77803 Office: 979 -822 -2127 Fax: 979 - 7750453 ramunger®orazoscountytx. gov II. ADDRESS: 3750 Homer Rice Road Bryan, Texas 77807 -8616 III. LOCATION OF WORK: Same as above R15252 – Robert Henry, A -138, tract 1, 63.04 acres IV. DESCRIPTION OF WORK: Project will repair gravel roadway at the end of Homer Rice Road which leads to Mount Tiver Cemetery. Pot -holes will be patched to improve access to the cemetery. This work is being done for the health, safety and welfare of the general public. Additional V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate ingress and egress to cemetery. I (we) the undersigned owners) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's r� R. Ian M ger, P.E. County Engineer Date: F-,V— /a BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 44.1 - 44.5 On this the 13th day of August 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13th day of August 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13th day August 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: L-- Duane Peters, 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 Pg. OY� - Detention of funds to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12117 - 44.1 a w' t ent Approval Date ;County Judge.Approval at VOA. �_�. Fg..va�fL Juvenile BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 44.2 in Juvenile Board FY=1 ; ,�"" - ,�' meet- App feu I ,Date # . �� .. `nnm fifi 8!712013 _ Co my Judge Approval Date'' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 44.3 FUND 0100 0100 0100 0100 0100 DIV 56001000 56001000 56001000 56001000 56001000 ACCT 65700000 71070000 72590000 67203000 67286000 PROD RDR V ACCOUNT NAME Road Si s GIS Support & Maintenance Professional Fees - Other Minor Com uter Hardware Equipment - Other Increase 4,000.00 2,900.00 Decrease 2.900.00 2.443.00 11557.00 Road and Bridge Administration Reallocation of funds to urchase Traffic Date Records and GIS Computer. 'Department Approval Date Prepared By: nnm Date:: 8f712013 -- Date County Judge Approval Vol. oil Prepared By: nnm Date: `: 8/7/2013 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12.113 • 44.4(a) Vol. _ / �3 Pg.—aw, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 44.4 (10 8113/ZO13 111 .11 I11 11111 -� . _ 111 11 _ i ment App ..1t_. . . -. Date to a s ;' nnm County Judge Approval Date., Vol. ��.� P9. 9zr BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 44.5 of funds to complete repairs on the drains located at the Brazos Center. Project was approved for $7,500, but quote came in at Vol. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 13, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Webster, Evelyn Transfer Min Dept. S.O. Jail Cunningham, David Termination Stuart, Kevin Promotion Approved in Commissioners' Court: Au ust County Judge's or Commissioner's Signature: — (This Copy to be attached to minutes) Vnl. /V Pg. itOZU-