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HomeMy WebLinkAbout2015-06-16 10:00AM REGULAR MEETINGI BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 16, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION.BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns. 3. Presentation(s) Presentation by Royce Hickman on the results of Chamber Day 2015. Consider and take action on agenda items 4 - 24: 4. Resolution 15-070 agreeing to the order of the Flags at the Six Flag Plaza at Boonville Cemetery once donated to Brazos County. 5. Extension of Declaration of a Local State of Disaster. 6. Reappointment of the following to the Local Workforce Development Board: terms of appointment are 7/1/2015 - 6130/2018. • a. Michael Costa Private Sector • b. Eddie Coulson Private Sector • c. Tashia Dickerson Private Sector 7. Appointment of the following as non -paid reserve deputies for Constable Precinct 1 Office: • a. Paul Goen • b Anthony Amoroso • c. Karla Frye i_.% 8. Adoption of amendment to the Brazos County Constable's Office Policy Regulating County Owned Vehicles. 9. Request from the Fleet Services to create the following position effective August 15 2015. This will have an increase to the FY 15 Fleet Services budget in the amount of $8,499.00. • Create Lead Mechanic - Fleet Class Code TBD Position 1 Group 23 Step 3. Pay Code 014 10. Request from Road & Bridge to add a cell phone allowance with data Plan to the following position effective June 20 2015. This will increase the Road and Bridges FY 15 budget in the amount of $345.00. • Create Cell Phone Allowance with Data Plan for Shop Foreman, Class Code 2609 Position 1, Pay Code 330 11. Payment Authorization to Brazos Valley Christian Counseling in the amount of $500.00 for a Fitness for Duty Evaluation for the Sheriffs Office a purchase order was not obtained in advance. 12. Payment Authorization to Deputy Ed Frank in the amount of $16.50 for reimbursement of a garment bag for the eagle costume: a Purchase order was not obtained in advance. 13. Approval of the following committee for the evaluation of Proposals received in response to RFP # 2015 -52 Inmate Telephone Systems: a. Reginald Walker b. Kevin Stuart c. Ben Sanford (Consultant • d. Irene Jett • e. Kenny Mallard • f Purchasing (non- votingl • q. Legal (non- voting) 14. Approval of contract with Strong Surveying for a topographic survey of Brazos County Tax Office. 15. Approval of contract with AirBus DS Communications for the Emergency Notification System. it] 17. 18. Request Dermission to enter Private property owned by David L. Reiners located at 228 Rustic Oaks 19. Tax Refund Applications for the following: • a. John & Raschelle Adams- overpavment413.81 20. Budget Amendments. Budget Amendments FY 14115 37.1 - 37.9 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. Vol. �_ I'9•��) — IF 24. Consider and possible action on executive session. 25. Acknowledgement of Brazos County Appraisal District Independent Auditor's Report and Financial Statements for the Year Ended December 31 2014. 26. Acknowledgement of the Brazos County Emergency Service District No 4 Independent Auditors' Report and Financial Statements for the year ended September 30, 2014. 27. Sheriffs report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and /or concerns. 30. Adjourn. FV01, a 62L— pg. �3?L PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, andlor addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order andlor continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court , as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence andlor racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation, and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed an an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court , However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the-County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an Inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?551.042. 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 necessanly 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 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol, / - Pg. / 9, �' BRAZOS COUNTY BRYAN,TEXAS MINUTES June 16, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Page.pdf 0 File Sta ped Aganda.pdf 0 Sign 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, June 16, 2015 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. There was no citizen's input. Presentation(s) Vol. /_ Pg._ /j Presentation by Royce Hickman on the results of Chamber Day 2015. L9 Itan 3. A presentation was given by Royce Hickman with the Bryan College Station Chamber of Commerce regarding the Chamber Day event. Mr. Hickman thanked Commissioner Cauley and Commissioner Mallard for attending Chamber Day. Mr. Hickman said that 800 businesses were visited and 720 of those businesses completed a survey. He handed out reports to each of the Court members outlining the results from the survey. Board Chairman Rich White also thanked the Court for their support, and Commissioner Cauley for participating in the trip to Washington D.C. Commissioner Catalena thanked Mr. Hickman and Mr. White for their dedication to the Chamber of Commerce. A copy of the survey results is attached. Consider and take action on agenda items 4 - 24 Resolution 15 -010 agreeing to the order of the flags at the Six Flag Plaza at Boonville Cemetery once donated to Brazos County. 0.. 1 t 4. r The Court voted unanimously to adopt Resolution 15 -010 agreeing to the order of the flags at the Six Flag Plaza at Boonville Heritage Park. The Court acknowledges the significance of the order of flags as displayed on the reverse of the Texas State Seal and agrees to maintain the correct order. The Court expresses its gratitude to the Brazos Valley Museum of Natural History and Boonville R- Development, LLC for the contribution that will enhance the educational purpose of Boonville Heritage Park. A copy of the resolution is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Extension of Declaration of a Local State of Disaster. 0 lion 5.pdf On motion by Commissioner Cauley and seconded by Commissioner Mallard this item was removed from the agenda. Motion: Remove , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. After Action Item #22, Legal Counsel Bill Ballard asked that the Court readdress Item #5. He explained that there is some confusion as to if the previous flooding will be considered along with any flooding from Tropical Storm Bill, or if it will be considered separately. He asked that the Court consider retracting the motion to remove. Commissioner Cauley and Commissioner Mallard agreed to rescind their motion and second to remove. Upon a motion by Commissioner Cauley and seconded by Commissioner Mallard the removal was rescinded. Motion: Other, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Commissioner Cauley offered a motion for the Extension of Declaration of a Local State of Disaster upon recommendation from legal counsel. The motion was seconded by Commissioner Mallard and passed unanimously. A copy of the declaration is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Vol. a i pg. 6. Reappointment of the following to the Local Workforce Development Board; terms of appointment are 7/1/2015 - 6/30/2018. • a. Michael Costa, Private Sector • b. Eddie Coulson, Private Sector • c. Tashia Dickerson, Private Sector @i Itan6.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann. Appointment of the following as non -paid reserve deputies for Constable, Precinct 1 Office: • a. Paul Goen • b. Anthony Amoroso • c. Karla Frye LJ l t m 7. rdf Commissioner Mallard questioned why the term "non- paid" was added for a reserve deputy. Judge Peters said he preferred for it to be stated as "non- paid ", so that it is clear to everyone that it is a non -paid position. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 8. Adoption of amendment to the Brazos County Constable's Office Policy Regulating County Owned Vehicles. 0 non 8. Mf Commissioner Wassermann stated he was concerned about number 4 under prohibited activity in the policy. He asked that it be explained by the Constables. Constable Ingram explained that it gives the Constable the ability to make the decision on whether a vehicle can be taken outside Brazos County. Commissioner Wassermann said he is concerned about how lenient the rules would be under this policy. Judge Peters referenced some situations from his experience as a Constable, and explained why he thought this was necessary. Commissioner Catalena expressed his concern about county vehicles being used on an off duty job where fuel purchased by the county was being used, and about liability issues. Commissioner Catalena suggested the Court take a closer look at the County's vehicle policies and situations that may be costing the County money. Judge Peters stated that there was research conducted to find out if the County could charge a private company for expense of a vehicle used in situations such as traffic control. He said they discovered that the County is not allowed to charge in those situations. There being no further discussion the motion passed unanimously. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Request from the Fleet Services to create the following position effective August 15, 2015. This will have an increase to the FY 15 Fleet Services budget in the amount of $8,499.00. Von. _2, C2 pg.1� i Create Lead Mechanic - Fleet, Class Code TBD Position 1, Group 23 Step 3, Pay Code 014 0 tanUdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 10. Request from Road & Bridge to add a cell phone allowance with data plan to the following position effective June 20, 2015. This will increase the Road and Bridges FY 15 budget in the amount of $345.00. Create Cell Phone Allowance with Data Plan for Shop Foreman, Class Code 2609 Position 1, Pay Code 330 0 Item 10,pdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 11. Payment Authorization to Brazos Valley Christian Counseling in the amount of $500.00 for a Fitness for Duty Evaluation for the Sheriffs Office, a purchase order was not obtained in advance. LEj-- Itan 1 1.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 12. Payment Authorization to Deputy Ed Frank in the amount of $16.50 for reimbursement of a garment bag for the eagle costume, a purchase order was not obtained in advance. 0 Itan 12.pdf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 13. Approval of the following committee for the evaluation of proposals received in response to RFP # 2015 -52 Inmate Telephone Systems: • a. Reginald Walker • b. Kevin Stuart • c. Ben Sanford (Consultant) • d. Irene Jett • e. Kenny Mallard • f. Purchasing (non- voting) • g. Legal (non- voting) 0 Itan 13,0f Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. F Vol.J 14. Approval of contract with Strong Surveying for a topographic survey of Brazos County Tax Office. LL'1a. Item 14.pdf A copy of the contract is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 15. Approval of contract with AirBus DS Communications for the Emergency Notification System. 1B Ilem 15.pdf A copy of the contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 16. Consider and take action on the Bryan Texas Utilities utility permit to construct a road bore for a 2 -inch electrical conduit crossing under I &GN Road 500 feet South of Koppe Bridge Road. Crossing will be a minimum of 48 inches below the bottom of ditch line. Site is located in Precinct 1. 0 Itm 16.pdf Motion: Approve , Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Wassermann. 17. Request permission to enter private property owned by Alton Thorns located at 224 Rustic Oaks Drive. Project will require the County to construct a temporary detour across property to accommodate the replacement of a culvert pipe on Rustic Oaks Drive. Project will take approximately 2 weeks to complete. Site is located in Precinct 2. 0 Item 17.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 18. Request permission to enter private property owned by David L. Reiners located at 228 Rustic Oaks Drive. Project will require the County to construct a temporary detour across property to accommodate the replacement of a culvert pipe on Rustic Oaks Drive. Project will take approximately 2 weeks to complete. Site is located in Precinct 2. d Itan 18.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 19. Tax Refund Applications for the following: a. John & Raschelle Adams - overpayment - $13.81 0 Item 19,0f Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 20. Budget Amendments. Budget Amendments FY 14/15 37.1 - 37.9 2 Item 20.odf 37.1 Reallocate funds for the new Tax Office building. 37.2 Reallocate funds for County Attorney - Operating Fund. 37.3 Reallocate funds for Capital Improvement Projects - Information Technology. 37.4 Reallocate funds for Capital Improvement Projects - Information Technology. 37.5 Reallocate funds for Capital Improvement Projects - Road and Bridge. 37.6 Transfer funds from General Fund Contingency to 361 st District Court. 37.7 Reallocate funds for Capital Improvement Projects - Information Technology. 37.8 Reallocate funds for Fleet Maintenance Services. 37.9 Transfer funds from General Fund Contingency to Boonville Cemetery. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 21. Personnel Change of Status. Personnel Action Forms 0 Itan2l.odf A copy of the Personnel Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 22. Payment of Claims. LLB-- BILL LIST 06.16.15.odf II Clams Sheet.odf 7133605 - 7133836 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley Mallard . Peters . Wassermann. 23. Convene into Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. At this point, the County Judge announced the Court would consider items 25 through 29 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:45 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.074 as stated above. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Jennifer Salazar, Human Resources Director Wayne Dicky, Jail Administrator Alan Munger, County Engineer Vol. I' g. 24. Consider and possible action on executive session. At 11:13 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 25. Acknowledgement of Brazos County Appraisal District Independent Auditor's Report and Financial Statements for the Year Ended December 31, 2014. 0 ItF 25.pdf The Court acknowledged receipt of the Brazos County Appraisal District report ending December 31, 2014. 26. Acknowledgement of the Brazos County Emergency Service District No. 4 Independent Auditors' Report and Financial Statements for the year ended September 30, 2014. 0 Item 26.pdf The Court acknowledged receipt of the Brazos County Emergency Service District No. 4 report ending September 30, 2014. 27. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 607 inmates in jail, 64 have electronic monitors and 16 are pending for monitors. 28. Announcement of interest items and possible future agenda topics. There were no announcements. 29. Call for Citizen input and /or concerns. Commissioner Wassermann asked Mr. Frank Garcia if he would like to address the Court about his concerns. Mr. Garcia stated he lives at 1592 Westward Ho in Brazos County. He explained that someone has purchased property in the area who is planning to open a dance hall and automotive repair shop. He and the other residents in the area would like know what can be done to prevent these businesses in their residential area. Mr. Garcia also mentioned that someone living out there is driving an 18 wheeler truck back and forth, which is tearing up the road. Judge Peters informed Mr. Garcia that someone from the legal department would look into the situation. Commissioner Wassermann told Mr. Garcia that he would help him in anyway he was able. 30. Adjourn. Vol. oZ / Pg. /6 _ The foregoing minutes of the Commissioners Court meeting held June 16, 2015 have been examined and are approved in open Court this A� day of Duane Peters County Judge 2015, in Bryan, Brazos County, Texas. , Precinct 2 h6.D+ Irma Cauley Commissioner, Precinct 4 Attest Karen McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 �J Kenny Mallard Commissioner, Precinct 3 Vol. °9. ��� — DzLoF3 BR.4ZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 IE � AM/PM, Name (PLEASE PRINT) i w, �!)i ew &� Organization (PLEASE. 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O O o a o p O W w n N n O m w N n m o w w m o 0 o w v eaemSa.o" 0e°.:�— C i� a a a a a a a a a a a a a a a a 3 ry o °o 0 0 0 o ry o 0 0 0 0 0 o m ,a� v N N m m o c a z° 0a aaaaaaaaaaaaaaa ° aaaaa O rl O O O O O N O O O O O O O O N N O O O d v v, o 0 0 o ti ry °r�i ,�.i o 0 a o o o m �°\° °u�i o o a> ate,° ` °o vowoomoaoaoo �wme.�. o a ary o w m W w g m e o ry o m n o m ti ,ni a c a v am v - — v av N m o _o v v O x m E ✓ q O n o m C a o � a K L' C N N I- H 0I. _ °g. v a Resolution Six Flag Plaza WHEREAS, efforts have been underway to create Boonville Heritage Park containing many historical landmarks that will be used in the future as educational tools for schools and citizens; and WHEREAS, Commissioners Court approved the preliminary plans for the park that included the Six Flag Plaza on February 17, 2015; and WHEREAS, the Six Flag Plaza will be part of the donation made by the Brazos Valley Museum of Natural History and Boonville R- Development, LLC to Brazos County; and WHEREAS, the flags displayed at the Six Flag Plaza will be Spain, France, Mexico, Texas, Confederate, and USA; and WHEREAS, the flag order shall be maintained after donation as presented on the Reverse of the Texas State Seal with the point of orientation from within the park facing Boonville Road. (See Exhibit A) NOW, THEREFORE, BE IT RESOLVED BY the Commissioners Court of Brazos County, Texas that the county: 1. Acknowledges the significance of the order of flags as displayed on the Reverse of the Texas State Seal. 2. Agrees to maintain the correct order when viewed from within the park and facing Boonville Road. 3. Expresses its gratitude for the contribution that will enhance the educational purpose of Boonville Heritage Park. RESOLVED THIS Duane Peters, Count A�� ��Aoe"�— CommAsioner Lloyd Wassermann Precinct 1 IL Commissioner K� y Mallar Precinct �3I1 ri Vol. __ Pg. /%� 15-010 EXTENSION OF DECLARATION OF A LOCAL STATE OF DISASTER WHEREAS, on the 1'r day of June 1, 2015, the County Judge issued a proclamation declaring a state of disaster for Brazos County resulting from heavy rains and flooding throughout Brazos County since May 5, 2015; WHEREAS, the County Judge and Commissioners Court of Brazos County have determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property; WHEREAS, the conditions necessitating declaration of a state of disaster continue to exist; and NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Brazos County: 1. That a local state of disaster was initially declared for Brazos County by the County Judge pursuant to § 418.108(a) of the Texas Government Code on June 1s', 2015. 2. Pursuant to § 418.018(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than thirty (30) days from the date of this declaration extension unless continued as renewed by the Commissioners Court of Brazos County. 3. Pursuant to § 418.018(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk. 4. Pursuant to § 418.018(d) of the Texas Government Code, this declaration of a local state of disaster continues the activation of the county emergency management plan. 5. That this order shall take effect immediately from and after its issuance and shall be related to activities that have occurred and will occur in conjunction with the event described above. PASSED AND Commi sioner Lloyd Wasserm: Precinct I Commissioner e y Mallaz Precinc Duane Peters County Judge x721 w.� f 149, nn mmissio r Sammy ct 2 - - - -- mmission_. —al Vol. FgPrep 5 BRAZOS COUNTY CONSTABLE'S OFFICE POLICY REGULATING COUNTY OWNED VEHICLES Pursuant to action taken by the Brazos County Commissioner's court on Tuesday January 11'h 2000, regarding the Brazos County Policy regulation use of County vehicles; the following policy was amended on June 3, 2015 and adopted by the Constable's offices and pending approval of Brazos County Commissioner's court. TAKE -HOME VEHICLE PROGRAM For the purpose of these polices, a vehicle is a motor vehicle which is under the direction and control of this office and is not owned by an employee. Participation in the Take -Home vehicle program requires the employee to abide by the applicable State of Texas and Federal laws, and the guidelines of these polices and other office procedures. Vehicles are issued at the discretion of the Constable or Chief Deputy. POLICY Constable's Office issued vehicles are considered a law enforcement tool. Personal use or gain is not in keeping with this policy and is prohibited. It is recognized and accepted that normal wear will occur during the working use of the vehicle. It is recognized that operation of vehicles in the law enforcement setting raises the possibility of accidents, theft, criminal mischief, etc. This policy does not hold the deputy responsible for matters beyond his or her control. ELIGIBILITY 1. Deputies must have a valid Texas Driver's License 2. Deputies must be a T.C.O.L.E. licensed peace officer, commissioned by a Brazos County Constable's office and a paid employee of Brazos County. 3. The Deputies must complete and sign the "Take Home Vehicle" authorization form. This form is used to acknowledge that the participating officer has read and agree to abide by these polices. Also on this form the officer will designate his /hers place of residence or where the vehicle is to be parked. 4. Deputies must be dressed appropriately, and carry their authorized service or off duty weapon, as well as monitor their radio in order to response to in progress calls and or emergency call outs authorized by the Constable or the Chief Deputy. 5. Deputies must comply with Internal Revenue Code Regulations. To comply, each Deputy must file an EMPLOYEE FRINGE BENEFIT CERTIFICATION FORM with the Brazos County Auditor's Office. PASSENGERS Persons ridding as passengers in vehicles are limited to office personnel, other county employees, and other authorized riders. Peace Officers from other jurisdictions may ride without signing a waiver. Authorized civilian rider's participating in the "ride along program" must complete a waiver of liability form prior to beginning the ride. These riders are issued as "Civilian Rider" identification tag to be wom in plain sight during the length of the ride. Rider tags are available from the Chief Deputy, and deputies with riders are responsible for the issuance and recovery of these tags. Ouane Peters County -Judge Page 2. CONSTABLE/POLICY REGULATING COUNTY OWNED USE OF COUNTY OWNED VEHICLES 1. OFFICE USE- Use of the vehicle is limited to commuting to and from work. Normal on duty utilization and Office related events. De minimis use of the vehicle may include personal errands while on duty or commuting, provided they do not take priority over calls for service and do not diminish the image of the office. 2. OFF -DUTY USE - All employees of the Constable's office must receive approval for any off -duty employment from the Constable or the Chief Deputy, or their designee. Participating deputies must be eligible for off -duty employment and comply with Constable's Office extra duty assignment procedure. Deputies may use the county owned vehicles under the following circumstances: A. As transportation to approved off -duty job which includes; 1. To or from the extra duty job 2. For the transportation of the arrested person to the Brazos County Jail for booking; and 3. Any other use of the vehicle for the extra duty employer is to be billed according to the procedures established by the Brazos County Auditor. NOTE: Deputies are considered on the payroll of the County thought out the transportation and booking process, and subsequently off the extra duty job payroll. B. As transportation to and from County or office approved functions and/or business. (When in doubt if the use is authorized, employees should request clarification through their immediate supervisor.) C. Any other use authorized by the Constable, Chief Deputy, or their designee. 1. Deputies are responsible for maintain the entire vehicle in a clean condition and will ensure the vehicle receives preventative maintenance as scheduled. 2. Any damage sustained to the issued vehicle shall be immediately repotted to the Constable, Chief Deputy or their designee in writing by the next working day. 3. After review of the incident report involving damage to the vehicle, the Constable or his designee, will make a determination as to responsibility. Should it be determine that the damage was caused by neglect or misuse of the vehicle by the deputy, the Constable or his designee, may require the deputy to reimburse Brazos County for the expenses, including vehicle replacement. PROHIBITED ACTIVITES The following activities, although not totally inclusive, are prohibited 1. Employees experiencing any type of impairment or condition that may adversely affect their safe performance of duty shall not operate a vehicle and will notify their supervisor. 2. Employees will not drive vehicles to establishments which are primarily engaged in the sale and /or on premises consumption of alcoholic beverages, to a business of questionable nature, or to other establishments specifically prohibited by the Constable unless within the scope of their official business. 3. Employees shall always operate their vehicle in due regard to public safety. 4. Employees must have approval from the Constable, Chief Deputy, or their designee before taking a county vehicle outside the boundaries of Brazos County. Vol. KOINK"11 300 E. 26TH St. Ste. 114 Bryan, TX. 77803 County Judge Peters& Honorable Court Members, We the Brazos County Constables of Precincts 1, 2, 3, and 4 respectfully submit the attached policy Regulating County Owned Vehicles for the Courts Consideration and Approval. Respectfully, Jeff Reeves, Constable Pct.I : Date: Donald Lampo, Constable Pct.2: ,1."(` -xt Date: J.P. Ingram, Constable Pct.3 . Date71� Isaac Butler Jr. Constable, Pct. 4: Vol. __o< / pg._ / NO ; ) }{ ! � =2 ! !� !� { /} \ \} � \\} § \ \ \ 2) ! [ § \} } 2r2 \\} § \ \ \ 2) ! \ CL rl 2 Fol. _� [ \ CL rl 2 Fol. _� O C � a v i w T O O 0 G C O o � - � w 'r o v RIM! °o � E�fi =ivi�': N E_ % w O O a M e o C 5 E o 0 $ N o LY M O O O aw 3 ° o 0 o z Z H iud LL w U Q a O n wCQa n•a u of F F a E p A L 3 > h ; O. UP p WV', � •°a° 1 r V 'E7 pm 'X� f 4iy0�"jjij w 1 �bY b z ti N N IN NFN � rN ,d !L u F y Vol. _ pg. — %�� a � \ � / �c u u m 8 CL CL am. Vol. pg.- u 9z LD Z 00 u P: }/! , � \ � / �c u u m 8 CL CL am. Vol. pg.- I- \�� Q C4 7 0 2 rg -A`q E� z E Z u D Z a 002.5 u 0C) CY \�� Q C4 7 0 2 rg -A`q 1+ AGREEMENT BETWEEN COUNTY AND SURVEYOR THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 16 day of June 2015, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste, 332 Bryan, Texas 77803 and the SURVEYOR: Strong Surveying 1722 Broadmoor, Ste. 105 Bryan, TX 77802 for the following PROJECT: Professional SURVEYOR and Surveying Services for miscellaneous surveying projects as described in Exhibit A The COUNTY and SURVEYOR agree as set forth below. ARTICLE I SURVEYOR'S RESPONSIBILITY 1.1 SURVEYOR'S SERVICE 1.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR, SURVEYOR'S employees and the SURVEYOR'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The SURVEYOR shall submit for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having Agtccuncnt Between County and SURVEYOR Pagel or9 Vol. jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the SURVEYOR or the COUNTY. ARTICLE II SCOPE OF SURVEYOR'S BASIC SERVICES 2.1 DEFINITION 2. 1.1 The SURVEYOR'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Strong Surveying I TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 Article III Intentionally Deleted. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project, The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the SURVEYOR in order to avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service. 4.4 The COUNTY shall give prompt written notice to the SURVEYOR if the COUNTY becomes aware of any fault or defect in the Project or non - conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the SURVEYOR, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the SURVEYOR. 4.6 The proposed language of certificates or certifications requested of the SURVEYOR or the SURVEYOR'S consultants shall be submitted to the SURVEYOR for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. A9,0ment Between County and SURVEYOR Page 2 Of Vol. —� °g. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE SURVEYOR. ARTICLE V CONSTRUCTION COST 53 ARTICLE V INTENTIONALLY DELETED. ARTICLE VI USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the SURVEYOR with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The SURVEYOR may retain one set of reproducible copies of the documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or reports for the COUNTY. The SURVEYOR is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the SURVEYOR for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the SURVEYOR. Any such verification or adaptation will entitle the SURVEYOR to further compensation at rates to be agreed upon by the COUNTY and the SURVEYOR. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the SURVEYOR'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the SURVEYOR shall be compensated for services performed prior to notice of such suspension. Agrc =t Between Cowry and SURVEYOR Page3 of FV_01_�'� �__ _P9 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the SURVEYOR in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the SURVEYOR may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the SURVEYOR may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the SURVEYOR receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the SURVEYOR shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the SURVEYOR, the SURVEYOR shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the SURVEYOR, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the SURVEYOR shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the SURVEYOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the SURVEYOR. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the SURVEYOR. Agreement Between Cowry and SURVEYOR Pegs 4 of Vo l. . _i 8.6 The SURVEYOR shall have the right to include representations of the design of the Project, including photographs, among the SURVEYOR'S promotional professional materials. The SURVEYOR'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the SURVEYOR in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The SURVEYOR agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the surveying profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the SURVEYOR'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 . INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the SURVEYOR, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the SURVEYOR, or of any person employed by the SURVEYOR. The SURVEYOR shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the SURVEYOR, its agents or employees, 8,11 LIQUIDATED DAMAGES: It is acknowledged that the SURVEYOR's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the SURVEYOR agrees that liquidated damages may be assessed and recovered by the COUNTY as against SURVEYOR and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore SURVEYOR shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and SURVEYOR shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. Agr=cnt Bowan County and SURVEYOR Page 5 of 9 Vol. _a?oZ / Pg._ L (S- ARTICLE IX PAYMENTS TO THE SURVEYOR 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the SURVEYOR'S statement of services rendered or expenses incurred, payment on account of the SURVEYOR'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the SURVEYOR'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the SURVEYOR has been found to be liable. 9.4 SURVEYOR'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times, 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the SURVEYOR has been advised by the COUNTY and the SURVEYOR fully understand and agrees, such understanding and agreement being of the absolute essence to this .Agreement, that the total maximum compensation that SURVEYOR may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the SURVEYOR hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the SURVEYOR from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: Agreement aetxeen County and SURVEYOR !_ Page 6 of 9 Vol, o2 ,2-1 Pg._l e l __. In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the SURVEYOR'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the SURVEYOR to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 16f04107:W[411) 11. 1.1 The SURVEYOR shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self - insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The SURVEYOR shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The SURVEYOR shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the SURVEYOR has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1 The SURVEYOR shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the SURVEYOR. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays beyond the control of the SURVEYOR may be cause for extension of this period of service, in which case the SURVEYOR shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. Agreement Between County and SURVEYOR Page 7 of 9 _ /__ °g._ / e 7 - 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the SURVEYOR'S services shall be adjusted equitably. Agreement Between Cowry and SURVEYOR Page 8 of F Vol._� /_ This Agreement entered into as of the day and year first written above, The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. SURVEYOR Duane Peters, County Judge by: Principal Acting by and through the authority of the Brazos County Commissioners Court Attest: 0— County Clerk Approved as to Form: Assistant County Attorney Agreement Between County and SURVEYOR Page 9 of Vol,_/ Pg._ /� /` TRONG 1722 Broadmoor, Suite 105 Bryan, Texas 77802 URVEYING LLC Phone: (979) 776 — 9836 FIRM NO. 10093500 Email: curis@strongsurveying.com v June 5, 2015 Gary Arnold Planner Brazos County Road & Bridge 2617 SH 21 West Bryan, Texas 77803 979 -822 -2127 979- 775 -0453 fax RE: Topographic Survey of Brazos County Tax Office Dear Gary, I appreciate the opportunity to provide professional land surveying services for Brazos County. After reviewing the site, please find the proposal as follows: 1) Topographic Survey of the Tax Office Tract and half of the adjoining parking lot — The cost for surveying and preparing a cad file for the topographic survey WILL NOT EXCEED $ 3,300.00. Should you have any questions, please give me a call at 776 -9836. Sincerely, H. Curtis Strong, RPLS Via:email Vol. _,�l 2 / J IROU9 08 COMMUNICATION SERVICE AGREEMENT This Service Agreement ( "Agreement") is made and entered into this day of , 2015 ( "Effective Date ") by and between Airbus DS Communications, Inc, a California corporation ( "Airbus DS Communications"), located at 42505 Rio Nedo, Temecula, CA 92590, or its authorized reseller, and Brazos County Office of Emergency Management ( "Customer "), located at 110 N Main St 0100, Bryan, TX 77803. Both Airbus DS Communications and Customer may alternatively be referred to as a'TarV' and collectively as the'Tardes ". 1. Definitions. 1.1 "Content" means the audio and visual information, Documentation, Software, products and services contained or made available to Customer in the course of using the Service. 1.2 "Customer Data" means any data, information or material that Customer submits to the Service in the course of using the Service. 13 "Documentation" means on -line material provided by Airbus DS Communications or its authorized reseller to assist Customer in the use of the Service. 1.4 "Initial Service Term" means the period of time commencing on the online date for Services asset forth in the Customer Proposal 061015 -B ("Proposal') attached hereto and incorporated herein as Exhibit A. 1.5 "Airbus DS Communications Technology" means the Airbus DS Communications provided technology (including but not limited to Documentation, Software, hardware, equipment, products, processes, algorithms, user interfaces, know -how, techniques, designs, and other tangible or intangible technical material or information) made available to Customerby Airbus DS Communications in providing the Service. 1.6 "Software" means the application software programs and any updates, modifications and corrections thereto to which Airbus DS Communications has granted access to Customer as part of the Service hereunder. 1.7 "Service" means the emergency notification system accessible via the Internet and all associated applications and modules identified in the Proposal and purchased by Customer and all ancillary online or ofiline products and services provided to Customer by Airbus DS Communications hereafter, 1.8 "User" shall refer to Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied with user identifications and passwords by Customer. 2- Pavmentand Taxes. 2.1 Customer's Purchase. In consideration of the fees described herein, Airbus DS Communications or its authorized reseller shall provide Customer with access to the Service as described herein and as governed by the terms and conditions of this Agreement, accepted Proposal, and incorporated documents. Additional services may be added by the parties throughout the term of this Agreement through a subsequent proposal issued by Airbus DS Communications, which may be accepted through Customer purchase order and shall be governed by the terms and conditions set forth under this Agreement. 2.2 Fees of Service. For the Initial Service Term, Customer will pay Airbus DS Communications or its authorized reseller the amount set forth in the Proposal. Payment shall be made within thirty (30) days from the date of the invoice or receipt of product or service per the payment schedule. License rights punted hereunder and Services shall automatically renew, annually unless terminated by Customer's written notice to Airbus DS Communications or its authorized reseller not less than ninety (90) days prior to the expiration of the then in effect term. Airbus DS Communications or its authorized reseller shall invoice Customer for the renewal term sixty (60) calendar days prior to the then in effect term. Payment on the renewal invoice shall be due on or before the expiration of the current term 2.3 Calling Minutes I SMS Messages. See Proposal. 2.4 All shipping and insurance charges for products shipped between Airbus DS Communications and Customer will be paid by Customer. Vol. F'9. -�_�� 2.5 Late Charges. in addition to any other remedy available to Airbus DS Communications, for a late Payment by Customer, Customer shall pay a charge of 1.5% per month, or the maximum percentage permitted by applicable law, whichever is less, on any amount not paid when due. 3. License. Access and Use of the Service, 3.1 License: Airbus DS Communications hereby grants Customer a non - exclusive, non - transferable, worldwide right to use the Service, solely for Customer's internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to Customer are reserved by Airbus DS Communications and its licensors. 3.2 Access: Customer and Airbus DS Communications shall agree upon, prior to Customer's use of the Service, the offices and Users authorized to access the Service and such Users shall be identified in writing in advance by Customer. Customer may modify the Users of the Service by providing advance written notice to Airbus DS Communications. Customer may authorize access for the number of simultaneous, concurrent Users of the Service at any given time. Passwords provided for Service access may bo used only by authorized personnel. Neither Customer nor its authorized personnel shah divulge, sublicense, assign or transfer to any third party passwords established for access to the Service. Customer shall be responsible for the confidentiality and security of its User identifications and passwords. 3.3 Customer Responsibilities: Customer is responsible for all activity occurring in its User accounts and shall abide by all applicable local, state, national and foreign law, treaties and regulations in connection with Customer's use of the Service, including but not limited to data privacy, security, international communications and the transmission of technical or personal data. Customer shall: (i) Prevent unauthorized access to the Service and notify Airbus DS Communications immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Airbus DS Communications immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by Customer; and (iii) ensure that use of the Service by all of Customer's Users is in compliance with this Agreement. 3.4 Restrictions: Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third patty the Service or the Content in any way; (ii) modify or snake derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "fame" or "mirror" any Content on any other server or wireless or Intemet -based device; (iv) send span or otherwise duplicative or unsolicited messages in violation of applicable law; (v) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material baronial to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other hamtfnl computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, including but not limited to Customer Data; (viii) attempt to gain unauthorized access to the Service or its related systems or networks; (ix) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, fbnctlons or graphics of the Service. 4. CusiumerData. Airbus DS Communications does not own any data, information or material that Customer submits to the Service in the course of using the Service ( "Customer Data "). Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all Customer Data. Airbus DS Communications shall not be responsible or liable for the deletion, correction, destruction, damage loss or failure to stare any Customer Data. Customer shall maintain a copy of all Customer Data. Customer is solely responsible for adherence to any privacy act or regulation regarding such Customer Data and Airbus DS Communications will have no responsibility with respect to the same. Regarding any self registration parts] tool purchased or licensed by Customer d reugb or with Airbus DS Communications, Customer shall assume all duties, obligations and compliance with any applicable law regarding its use, including but not limited to the gathering, storage and dissemination of such Customer Data. Customer shall also be solely responsible for communicating any applicable notices or terms of use to its registrants. These duties and obligations are non - delegable by Customer to Airbus DS Communications, S. Privacy and Security: Disclosure. Airbus DS Communications' Data Security and Encryption Policy and Hosting Center Policy are available upon Customer request Airbus DS Communications reserves the right to modify these policies in its reasonable discretion from time to time. Note that because the Service is a hosted, Vol. online application, Airbus DS Communications may need to notify all Users of the Service of important announcements regarding the operation of the Service and will use Customer information for that purpose. 6. Training and Support Services 6.1 Training. Training, if purchased by Customer, will be reflected on the corresponding invoice. 6.2 Subject to the terms and conditions of this Agreement and provided that Customer pays all applicable fees related to the Service, Airbus DS Communications shall provide Customer with support described in this Agreement and as more particularly described in Airbus DS Communications' Technical Service Center Support Pin (`'Support Plan ") a copy of which may be viewed at httir upport.airbus- dscamm.com and is incorporated herein by reference. Airbus DS Communications reserves the right to modify the terms and conditions of the Technical Service Center Support Plan at any time, effective upon posting of an updated version. Airbus DS Communications will notify Customer of any material changes to the Technical Service Center Support Plan. Customer is responsible for regularly reviewing the TSC Support Plan. Continued use of the Service after any such changes shall constitute Customer's consent to such changes. 7. Warran , 7.1 Warranty. Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. Airbus DS Communications represents and warrants that it will provide the Service in a manner consistent with general industry standard reasonably applicable to the provision thereof and that the Services will perform substantially in accordance with the online Airbus DS Communications Documentation under normal nse and circumstances. The Customer represents and warrants that it has not falsely identified itself or provided any false information to gain access to the Service. 7.1.1 During the Initial Service Term, Airbus DS Communications will provide such assistance as it deems reasonably necessary to cause the Airbus DS Communications Service to perform materially in accordance with the then current Documentation provided that Customer's use is in accordance with this Agreement and the Documentation. 7.1.2 Customer's Remedy: CUSTOMER'S EXCLUSIVE REMEDY, AND AIRBUS DS COMMUNICATIONS ENTIRE LIABILITY IN CONTRACT, TORT OR OTHERWISE FOR BREACH OF ANY OF THE ABOVE WARRANTIES WILL BE TO USE ITS COMMERCIALLY REASONABLE EFFORTS TO PROVIDE A CORRECTION OR WORK AROUND FOR ANY MATERIAL NONCONFORMITY WHICH IS (i) REPORTED TO AIRBUS DS COMMUNICATIONS BY CUSTOMER WHILE AIRBUS DS COINLMUNICATIONS IS OBLIGATED TO PERFORM SUPPORT SERVICES AND (d) REPRODUCIBLE BY AIRBUS DS COMMUNICATIONS IN THE EXECUTION ENVIRONMENT. 7.2 Disclaimer of Warranties. TIM EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, AIRBUS DS COMMUNICATIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AIRBUS DS COMMUNICATIONS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE IS ERROR -FREE OR WILL OPERATE WITHOUT INTERRUPTION, IF THE AIRBUS DS COMMUNICATIONS SERVICE IS USED IN EMERGENCY SITUATIONS, THEN THE SERVICE IS INTENDED TO ONLY INCREASE THE NOTICE WHICH WILL BE GIVEN. THERE IS AND CAN NOT BE ANY GUARANTEE THAT ALL PERSONS INTENDED TO BE CONTACTED WILL BE CONTACTED. AIRBUS DS COMMUNICATIONS ACCEPTS NO RESPONSIBILITY FOR ANY FAILURE OF THE AIRBUS DS COMMUNICATIONS SERVICE TO CONTACT ANY PERSON OR PERSONS AND IS NOT RESPONS113LE FOR ANY DAMAGE OR INIURY WHICH RESULTS FROM ANY FAILURE TO CONTACT ANYONE, 73 The warranties in this Section 7 will not apply to any defects or problems caused in whole ur part by (i) defects in any equipment, (if) failure of any portion of equipment to function in accordance with manufacturer's specifications, (iii) modifications or enhancements made to the Service by anyone other than Airbus DS Communications, (iv) any software, hardware, firmware, peripheral or communication devices used with the Service not provided by or approved of in writing by Airbus DS Communications, (v) failure of Customer or pry third party to follow Airbus DS Communications' most current instructions for proper use of the Service, (vi) negligence of Vol. __o; r� -/ _. F'g.__ %'-�I Customer or any third party, or (vii) failure to install and use the updates, modifications and corrections provided by Airbus DS Communications. If Customer falls within any of the foregoing exceptions and requests Airbus DS Communications to provide support services for such defect or problem. Customer will pay Airbus DS Communications for such services at Airbus DS Communications' then current hourly rate. 7.4 Intellectual Property, Trademark and Copyright. Airbus DS Communications retains ownership of the Software and Service, any portions or copies thereof, and all rights therein. Airbus DS Communications reserves all rights not expressly granted to Customer. This Agreement does not grant Customer any rights in connection with any trademarks or service marks of Airbus DS Communications, its suppliers or licensors. All right, title, interest and copyrights in and to the Software, Service and Documentation and any copies thereof are owned by Airbus DS Communications, its suppliers or licensors. All title and intellectual property rights in and to the Content which may be accessed through use of the Service is the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants Customer no rights m use such Content. & Limitation of Liabili IN NO EVENT WILL AIRBUS DS COMMUNICATIONS 13E LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS INFOILVIATION, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF AIRBUS DS COMMUNICATIONS HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AIRBUS DS COMMUNICATIONS'S TOTAL LIABILITY TO CUSTOMER HEREUNDER, IF ANY, WILL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO AIRBUS DS COMMUNICATIONS HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 9. Confidentiality. A Party receiving Inf mnation (defined below) of the other will not disclose such Information other than to persons in its organization who have a need to know and who will be required to comply with this Section 9. The Party receiving Information will not use such Information for a purpose inconsistent with the terms of this Agreement. "Information" means the Software, Documentation and all information and intellectual property related thereto (including, but not limited to all databases provided to Customer by Airbus DS Communications whether created by Airbus DS Communications or its third party licensors such as, without lirnitation, the mapping product databases) as well as information related to the business of Airbus DS Communications or Customer. Information will not include; (i) information publicly known prior to disclosure; (ii) information coming into the lawful possession of the recipient without any confidentiality obligation; and (iii) information required to be disclosed pursuant to regulatory action or court order, provided adequate prior written notice of any request to disclose is given to the Patty whose information is to be disclosed. Each Parry will exercise at least the same degree of care to safeguard the confidentiality of the other's Information as it does to safeguard its own proprietary confidential information, but not less than a reasonable degree of care, 10. Infringement Indemni,�; With the exception of any third party software, bardwaze or equipment that may be provided under this Agreement, Airbus DS Communications agrees to hold Customer harmless from liability to third parties resulting from infringement of any United States patent or copyright or trade secret by the Airbus DS Communications software purchased hereunder and Airbus DS Communications further agrees to pay all damages and costs, including reasonable legal fees, which may be assessed against Customer trader any such claim or action. Airbus DS Communications shall be released from the foregoing obligation unless Customer provides Airbus DS Communications with (i) written notice within fifteen (15) days of the date Customer fast becomes aware of such a claim or action, or possibility thereof; (ii) sole control and authority over the defense or settlement thereof; and (iii) proper and full information and assistance to settle and/or defend any such claim or action. Without limiting the foregoing, if a final injunction is, or Airbus DS Communications believes, in its sole discretion, is likely to be, entered prohibiting the use of the software by Customer as contemplated herein, Airbus DS Communications will, at its sole option and expense, either (a) procure for Customer the right to use the infringing sofbvare as provided herein or (b) replace the infringing sofhvare with noninfringing, functionally equivalent products, or (c) suitably modify the infringing software so that it is not infringing; or (d) in the event (a), (b) and (c) are not commercially reasonable, terminate the license, accept retumm of the infringing soffivare and refund to Customer an equitable portion of the license fee paid therefor. Except as specified above, Airbus DS Communications will not be liable for any costs or expenses incurred without its prior written authorization. Notwithstanding the foregoing, Airbus DS Vol. Communications assumes no liability for infringemert claims with respect to software (i) not supplied by Airbus DS Communications, (it) made in whole or in part in accordance to Customer's specifications, (iii) that is modified after delivery by Airbus DS Communications, (iv) combined with other products, processes or materials where the - alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer's use of the software is not strictly in accordance with this Agreement THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF AIRBUS DS COMMUNICATIONS AND THE EXCLUSIVE REMEDY OF CUSTOMER WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE SOFTWARE. 11. Intunative Belief. Each Party acknowledges that a violation or threatened violation by it of Section 9 hereof would result in damage that Is largely intangible but nonetheless real and that is incapable of complete remedy by award of damages. Thus, such violation or threatened violation will give the injured party the right to a court- ordered Injunction to specifically enforce such covenant or obligation. The Party in violation of any such section shall pay as damages reasonable expenses, including but not limited to attorney fees, incurred in obtaining specific enforcement. 12. Indemnification. By Customer. Customer shall indemnify, defend and hold Airbus DS Communications, its licensors and each such Party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (f) A claim alleging that use of the Customer Data infringes the rights of, or has caused harm to a third party; (it) a claim which if true, would constitute a violation by Customer of its representations and warranties contained herein; (iii) a claim arising from the breach by Customer of this Agreement, provided in any such case that Airbus DS Communications (a) gives Customer timely written notice of the claim; and (b) provides Customer all available infomation and assistance. Customer shall not settle or compromise any such claim without Airbus DS Communications' prior written consent. By Airbus DS Communicationa, Airbus DS Communications shall indemnify, defend and hold Customer, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim which if true, would constitute a violation by Airbus DS Communications of its representations and warranties contained herein; (h) a claim arising from the breach by Airbus DS Communications of this Agreement, provided in any such case that Customer (a) gives Airbus DS Communications timely written notice of the claim; and (b) provides Airbus DS Communications all available information and assistance. Airbus DS Communications shall not settle or compromise any such claim without Customer's prior written consent. 13. Taro . This Agreement will commence upon the Effective Date and shall continue until the end of the Initial Service Tenn as set forth in the Proposal. Daring the Initial Service Term, this Agreement shall not be terminable by Customer, except in instances of material breach (described below). Immediately following the Initial Service Term, this Agreement shall automatically renew for additional one (1) year terms (`Renewal Term') in accordance with Paragraph 2.2, above. 14. Termination. 14.1 Airbus DS Communications may terminate this Agreement without further obligation or liability to Customer if: 14.1.1 Customer fells to timely pay any amounts due under this Agreement and fails to make such payments within thirty (3 0) days of written notice from Airbus DS Communications; 14.1.2 Customer commits any material breach of this Agreement and fails to remedy such breach within ten (10) days of wzittcn notice from Airbus DS Communications; or 14.1.3 Customer becomes the subject of a petition in bankruptcy; is or becomes insolvent; or admits u' general inability to pay its debts as they become due. Vol. pg` %z;i- 14.2 Customer may terminate this Agreement iE (1) Airbus DS Communications commits any material breach of this Agreement and fails to remedy such breach within thirty (30) days of written notice from Customer, or (2) if Customer fails to receive funding. 14.3 Upon termination or expiration of this Agreement, Customer shall be prohibited from further use of the Service and shall promptly return copies of any Documentation in its possession, if any, to Airbus DS Communications. All amounts owed to Airbus DS Communications, including but not limited to amounts due for setup services provided by Airbus DS Communications, shall be immediately due and payable, and Airbus DS Communications will ceaso performance of all obligations hereunder without liability to Customer. Sections 8, 9, 10, 11, 12, 14.3, 16 and 21 will survive termination or expiration, Upon termination, Customer shall have sixty (60) days to notify Airbus DS Communications if it opts to have customer Data returned by Airbus DS Communications at the expense of Customer. In the event termination is due to Customer's failure to pay all fees due hereunder, Airbus DS Communications reserves the right to withhold return of Customer Data until paid in full. If Customer does not contact Airbus DS Communications during such 60 day tuneframe and/or all fees are not paid current during that draeframe, Airbus DS Communications may destroy the Customer Data. Airbus DS Communications has no obligation to provide transition services in connection with Customer's election to utilize an alternative vendor. 15. Local Laws and Export Control. The Service utilizes Software and Technology that may be subject to United States export controls administered by the U.S. Deportment of Commerce, U.S. Department of State, U_S. Department of Treasury Office of Foreign Assets Control, and other U.S. agencies, The Customer acknowledges and agrees that the Service shall not be used, and none of the underlying information, Customer Data, Software, Documentation or Airbus DS Communications Technology may be transferred or otherwise exported or re- exported to countries as to which the United States maintains an embargo (collectively "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orden: (collectively, "Designated Nationals "). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service Customer represents and warrants that is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. Customer agrees to strictly comply with all U.S export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15. C.F.R. Parts 730.774 and Council Regulation (EC) No. 1334/2000. Airbus DS Communications and its licensors make no representation that the Service is appropriate or available for use in other locations. If Customer uses this Service from outside Ore United States, Customer is solely responsible for compliance with all applicable laws, including without limitation, export and import regulations of other countries. Any diversion of the Customer Data, Airbus DS Communications Technology and/or Content contrary to United States law is strictly prohibited. 16. Other Remedies. Airbus DS Communications' rights and remedies under this Agreement will be cumulative and in addition to all other rights and remedies available to Airbus DS Communications in law and in equity. 17. Assignment. Neither this Agreement nor any rights or duties hereunder may be transferred, assigned, sublicensed or otherwise disposed of by Customer to a third party, by operation of law or otherwise, without Airbus DS Communications' prior written consent. Notwithstanding the foragoing, Airbus DS Communications may assign its interests to a parent or affiliate company in the event of sale or merger of its assets so long as the acquiring entity agrees to assume all of Airbus DS Communications' duties and obligations hereunder. 18. Partial Invalidity. If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected. 19. Modification: Waiver. Any modification to this agreement must be in writing and signed by the parties. Continued use of the Service after any such change shall constitute Customer's consent to such change. No term or condition of this Agreement may be waived except in writing signed by the Party charged with waiver. A waiver will operate only as to the specific teen or condition waived and will not constitute a waiver for the future. 20. Notice. All notices and other communications required or contemplated herein will be in writing and delivered either by (i) personal delivery; (ii) expedited messenger service; or (iii) postage prepaid return receipt requested Vol. / PgI /%k certified mail; at the addresses first written above or such other address as the intended recipient previously has designated by written notice to the sender. 21. Goyernimg Law. This Agreement will be governed exclusively by the laws of the State of California, without regard to its conflict of laws provisions. All parties agree that venue regarding any action arising hereunder will be exclusively in Brazos County, Texas. 22. Third Party Beneficiaries. None of the provisions of this Agreement is intended by the parties, nor shall they be deemed, to confer any benefit on any person not a Party to this Agreement 23. Independent Contractors. The relationship of the parties hereunder will be one of independent contractors and not that of a franchise, joint venture or employer. Neither Party will have, and neither of them will represent to any other person that it has, any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or uaplied, on behalf of the other, except as expressly provided by this Agreement or as otherwise permitted in writing signed by both parties. 24. Entire Agreement. This Agreement and its schedules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior agreements between the parties, written, oral or implied with respect to the subject mater hereof. The teems of any customer- provided purchase order or invoice contenting any product or service provided hereunder will not serve to replace, modify or supersede the terms of this Agreement. The terms of this Agreement shall prevail for any and all purposes. 25. headings Headings are included in this Agreement for convenience only and are not to be deemed to be pan of this Agreement. The interpretation of this Agreement will not be atfbeted by any beading herein 26. Force Maieure. In the event an act of government, war, fire, flood, act of God, power shorlages or blackouts, breakdown of telephone lines and services, failure of the Internet, or other causes beyond the reasonable control of Airbus DS Communications prevents Airbus DS Communications from performing in accordance with the terns of this Agreement, such nonperformance shall be excused and shall not be considered a breach or default for so long as such conditions prevail. AIRBUS DS COMNfUNICATIONS' SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AIRBUS DS COMMUNICATIONS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY FOR SUCH DELAY, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 27, Reserved. 28. Counterparts, This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument. Once fully executed, it will become affective as of the Effective Date stated above. Delivery of an executed signature page of Us Agreement by facsimile transmission or electronic photocopy (i.e., 'Wf') shall be equally effective as manual delivery of an original signed counterpart hereof. IN WITNESS WHEREOF, the parties bereto have caused this Agreemeatto be signed by their authorized representatives as of the Effective Date. Airbus DS Communications, Ina. (Signature) r Name:_ ./. net...( �/r_r 4AW --t Customer s County Sof m erges Ma eat 6y: (Signature) f /� Name:- VOA• v?v�1 _— ��•. /l Exhibit A (Customer Proposal) EMERGENCY NOTIFICATION PROPOSAL Brazos County Office of Emergency Management Customer: Michele Bailey-Meade Date: 06/10/15 mmeade cDbrazoscountytx.gov Account Manager: Bill Carman Proposal No: 061015-B 615.791.3932 bil I.carm an()Alrbus -DSCcm m.com Solution Offered: The Communlcatorl NXT 4.4.2 & Vesta Alert, Hosted: Powerful, web -based application automates even the most complex list -based notification procedures and rapid, map -based alerting. Quickly provides individuals with situation details or instruction and gathers critical feedback. Includes: • Base Hosting Service • 45,000 Universal Calling MinutesfSMS (text) Message Units • List -and Map -based Alerting for Brazos County and Burleson County TX • Map based Alerting for upto 230,000 population • Web -Based Application: software accessible using a web browser (via Internet, LAN, or WAN) Notify directly from desktop or remotely by phone • Application easily fills positions based on specific criteria such as skill, certification, and availability • User can modify contacts, prepare messages, access results, easily managing communications from start to finish • Provides individuals with situational details or instructions via phone (landline or cell), SMS, email and pagers • ArcGIS capability • ]PAWS capability Up to 10 concurrent users '• Two -way SMS Messaging • All software updates within same product • Notification Methods: mobile device, SMS text, fax (optional), telephone, email, pager, overhead page Qualification Methods: phone, email, SMS • Unlimited Emalls at no cost • Voice or Text to Speech - English (other languages available) • Self- Registration Portal (SRP) ➢ Collection of cell phone numbers, Vol P, emails Eo2_�Z i (1' __Z D Automatically geocodes • MassCall : option for increased capacity callouts in large -scale events (32,000 phone lines) • Record By Phone: new voice message creation tool • Enhanced Browser Compatibility (version 4.4): Security Users can access The Communicator! NXT notification solution using their preferred web browser: Firefox®, Google Chrome'"', Safari®, Microsofl@ Internet Explorer® 7 -11 •' Upgraded Server Compatibility: The Communicators NXT platform has been upgraded to operate with Microsoft® Windows Server® 2008 and Microsoft@ SQL Server 2008 Advanced Encryption Standard: data Integrity is always a topic of interest for database managers and system administrators alike. With this in mind, Cassidian Communications has incorporated AES (256 -bit) encryption to better protect your security information including passwords and PIN numbers • "Chat" with Technical Support directly from Communicatorl NXT • Improved Web Accessibility for the Disabled • Back -up System: redundant Host Backup provides near, real -time backup of your system to a standby server located in our 2nd hosting center, in Mesa, Arizona. This service creates a redundant system, allowing your operation to use an alternate server should your primary server be rendered unavailable or Inoperative for any reason • Custom Reports: create your own reports, specifically designed by you Hosted Backup: a secondary redundant system provides near real -time backup of your primary system to a standby server located in our Mesa, AR hosting center. This option allows your operation to use an alternate server should your primary server be rendered unavailable or Inoperative for any reason • Annual Software Maintenance, and Support Plan • Project Management and Hosting Setup • 24/1/365 Technical Support (including access to the NSS support portal) • Training: one seat in Cassidian Communications University in -house training (Franklin, TN) OR 1 Web Training Session and unlimited access to our Computer -based Training modules located on our support website at support.cassidiancommunlcations.com • Total Cost $ 49,365 — PO required for full amount on or before Jun 20, 2015 • Payment 1: Term July 13 2015— Sept 30, 2015 $ 9,560 o Includes: • Project Management & Hosted Account Setup $ 500 • Web Training $ 500 • Hosted Service for the term July 13 2015 —Sept 30, 2015 $ 6,560 • Payment 2: Term Oct 1, 2015 —Sept 30, 2016 $ 39,805 due 30 after invoice o Includes: • Hosted Service for the term Oct 1, 2015 —Sept 30, 2016 • Annualized Cost: $ 39,805 / Yr, Minimum 1 Year Term • Renewal Term Cost: Annualized Cost+ 3.25% for a 12 month term M L Vol._oZ_/ °g._/7 Project Timeline assuming a PO & Signed Agreement no later than June 20, 2015 AIRBUS DS Me eemmepkmbr. 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EHdml Taeka �Q: ;rrj9 numlbnpnly ....a.ax::.+g.:#., D.A., 6 Pppn 1 Optional Products and Services Available for Purchase Not Included In Subscription: Additional Universal Packages: SMS & Calling 10,000 universal calling minutes and SMS units $ 1,000 25,000 universal calling minutes and SMS units $ 2,250 50,000 universal calling minutes and SMS units $ 4,000 100,000 universal caliing minutes and SMS units $ 6,000 GeoCoding Services If provided by Airbus (annual fee) $ 4,500 IP [ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 16, 2015 SUBJECT: Utility Permit — Bryan Texas Utilities Consider and take action on the Bryan Texas Utilities utility permit to construct a road bore for a 2 -inch electrical conduit crossing under I &GN Road 500 feet South of Koppe Bridge Road. Crossing will be a minimum of 48 inches below the bottom of ditch line. Site is located in Precinct 1. SUBMITTED BY: Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: c t wlv�- Lloyd V/assermann Commissioner Precinct 1 by Commissioners' Court Duane Peters, County DATE: I a I(d) 5 - - - -- - - - - -- �i. —_/ _ ,gig._ /�/ APPLICATION FOR ELECTRICAL UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUN'T'Y RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.044, comes now BRYAN TEXAS UTILITIES [company name], hereinafter referred to as "Company" a TEXAS [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 approval of the location to lay, construct, maintain, repair and/or operate lines 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 Bored Jacked Cased Aerial I &GN ROAD 120 feet X Facility to Parallel County Road Within Right-Of-Way 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 10 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/work, it will 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 j ob 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. It 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. [Vol. Pg 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 SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference, fih the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance Will installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for danuges and /or destruction of litres, cables, etc. based upon its failure to comply with Brazos Comtp requirements. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in lire sole discretion of Brazos County, for interests of public )health, safety or welfare, or for failure to repair any damages upon (felt raul, or for any other reason deemed sufficient by Brazos Co runty. Ill the event Contparq, fails to comply with any or all of the requirements as set forth herein, the County miry take such action as it deems appropriate to compel compliance, including injunctive relief. The County Engineer further retains the right to revoke this Permit by verbal notification to fire Applicant /Coutpary. Failure to obtain this permit and /or notify the Canty Engineer's Office within 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. BRYAN TEXAS UTILITIES Company Name BRANDON CHARANZA By- Signature LINE DESIGNER Title 205 E. 28TH ST. Address Bryan TEXAS 77803 City State Zip 979 -821 -5784 Telephone Number bcharanza@a bfutilities.com Email Vol. �- - -� 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 EXCEPTIONS: fo — /0—IS (Month/Day /Year) 4z Brazos County Engineer E — except as noted below: Vol. -/ Pg,. / �S✓ r 0 � LO W < a N ry } 00 r ,0 0) � z �3 � J Q Q O w! = 0 Z N Z _ U 0 EL M w U Z wp r � ri �0 Z 0° — U N 0 a a° rc o o m rc s w n x ° z 0 w 0 W J fq ptl3ntl0lSNtltll 4 O p 0 J w m ry to MOtl 10 3903 f U NN LLJ % W 1N3ri3AYd !0 3903 I $ 9 Z Z °u ��� Z W Q¢ U O Z~Z w Q > 425 ANC) r g o 1N3N3AYd !D 3'503 V 0 U II K O� e5 p°z� rc 1 u n 0 — V 0 MDtl 30 3903_ N� d' J 2 QO 3 EL 6 a w° a V � (h N a � 0 O M g � O n C rn a N m O O N r O N O N JQ Vol. -/ Pg,. / �S✓ e r ME, w 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 permittee'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 Requirements 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. Permitter 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 1. 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; Vol. pg._ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime 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 feet. 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 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 to 2 feet, nominally 1' Phone -2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 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; i 1. - c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 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 8 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 orroad. 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 tire 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. Emereencv work 1. 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 Vol. _02 -I-/ P9._/ �y . 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. F. Repairs to existing ! acilities 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 1. 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 Tvpe of Pipeline (below deepest ditch grade) 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 Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum S. 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 lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the-final-customer. P ae� " ggp ISM & 0808 - fga 88 y 5B .° h$e '8@ gs��nA$S8tlaa �p °iln M N 79t E d _ .•. S °P� E�° P tE4 P § o S O Y v a ;Eat S4 Wk sg6 poi$ '.s F3 Ja:� „4 Y` 2289 g° _z ab g O n. •^ y8 s? Y = —Fb §8 c� Sao` ' °h S ¢ 4 V gy€ $E�s t'6= ° a it 2• S °s fCa'.,eo BgaQb °� �t s & &,,� 4 °s�g2.t �s a�g Esa �g g s�°5 1® �_ Ag* o�R�a_ ta�$ScEa -------- _ .--- d��4�e�- so -i�Pin --------------------- ip. +ro wws � e =mews - - - - - - - ♦ -I = -- -- - - - - - -a - .E C._ 1 �� .00i .oc + I q vi ••oi IX '�ios '�i n a e2 a 5 _ ry ss 0 o : �Zi wii °»°,!M ' i. 'ia ° °`°' a `.° , °c'. 4 : °v`°°i° VOL �� ,,2- / pg. / -, W 0 J O N � z 0 N W U U ~ S W Y O °o 0 °c 0 W C O U K W O N J O O O _ S � � � o o� N } a � c v Q > N U Y O W O J � N O o O ^O N K D: — Q o N W C d + V W C U ~ Q > a c N O U Y 2 O DEPARTMENT MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge June 16, 2015 Private Property Access Request permission to enter private property owned by Alston Thorns located at 224 Rustic Oaks Drive. Project will require the County to construct a temporary detour across property to accommodate the replacement of a culvert pipe on Rustic Oaks Drive. Project will take approximately 2 weeks to complete. Site is located in Precinct 2. SUBMITTED W. Kolwes Right of Way Agent This request (is0A O I1 Duane Peters, County Judge Date: (0/ 1 IV/ .16 Commissioners' Court Vol. _ �� _ F'g._� 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catelens Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct.4 OWNER(S): Alston Thorns R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Ofce: 979 -822 -2127 Fax 979 - 775 -0453 ramunger@brazoscounW.gov II. ADDRESS: 224 Rustic Oaks Drive. Bryan, Texas 77808 -7762 III. LOCATION OF WORK: Same as above 81998 – Rustic Oaks Sub., Block 2, Lot 11, 3.71 acres IV. DESCRIPTION OF WORK: Request permission to enter property to construct detour across property in order to replace culvert on Rustic Oaks Drive. Detour area will be 40 feet wide measured from the existing right of way line of Rustic Oaks. Work should last about 2 weeks. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owners Signature: ��a^— �W� ^5� Date: 6– 3– �0 1 -F� Alston Thoms R. Alan Munger, P. Darrell W. Kolwes County Engineer Right of Way Agent VOL Pci - -- _ J BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: June 16, 2015 SUBJECT: Private Property Access Request permission to enter private property owned by David L. Reiners located at 228 Rustic Oaks Drive. Project will require the County to construct a temporary detour across property to accommodate the replacement of a culvert pipe on Rustic Oaks Drive. Project will take approximately 2 weeks to complete. Site is located in Precinct 2. SUBMITTED BY: (QL0,L),-7dL, Darrell W. Kolwes Right of Way Agent This request is APPROVED BY: by Commissioners' Court Duane Peters, County Date: la 1.1 u f K Vol. _ 2/ Pa. E. Duane Peters Brazos County Judge Uoyd Wassermann Commissioner Pct 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pet 3 Ina Cauley Commissioner Pct 4 OWNER(S): 1' I p Ci BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Texas 77603 Office: 979.822.2127 979.775 -0453 ramunger@brazo untytx.gov David L. Reiners (9- 7C)-7 ?o__ "3 0 II. ADDRESS: 228 Rustic Oaks Drive Bryan, Texas 77808 III. LOCATION OF WORK: Same as above R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept, 2617 Hwy 21 West Bryan, Fax: 81999 - Rustic Oaks Sub., Block 2, Lot 12R, 2.37 acres IV. DESCRIPTION OF WORK: Request permission to enter property to construct detour across property in order to replace culvert on Rustic Oaks Drive. Detour area will be 40 feet wide measured from the existing right of way line of Rustic Oaks. Work should last about 2 weeks. Additional Comments: Upon completion of work. Brazos County will restore property to its original condition as close as possible. V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Lue Date: David L. Reiners 2� , P ze rj.� R. Alan MungerW Darre -11— l Kolwes County Enginee�� Pg Ri�ht of Way Agent Ifol -- "� zo BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 37.1— 37.9 On this the 16th day of June 2015 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 WE ERF,AS, on 16th day of June 2015 the Court heard and approved a budget amendment for the 2014 -2015 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual andunforeseen conditions which could not be reasonably included in the original budget adopted 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16th day of June 2015. THE CONEMSSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget VoL Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 37.1 6/16/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4312 63000910 80203000 CR Computer - Hardware 12,775.72 4312 63000910 60211000 DR Software - No Tag 12,775.72 I New Tax Office Building Reallocation of funds for the correct account due to pricin.g. PO # 15002195 and PO # 15002342 y oe. e'artment`Qp`roval` n Date,;,, t f:. t:o6nty'auggezRpprovau,.7: , 9 uate�; ±,', pg._ /_71_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 37.2 611612015 FUNDI DIV 1 ACCT PROJ I DRJCR ACCOUNT NAME Increase Decrease 5800 18006000 51640000 CR Howl Tem 96.27 5800 18006000 67286000 DR E ui ment- Other 96.27 I I County Attorney Operating Fund Reattocations of fends to purchase accessories for department firearms issued to investigators. I Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 37.3 6/16/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80211000 CR Computer Software 86 079.60 4500 63000500 60211000 DR Software -No Tag 86,079.60 Capital Improvement Projects - IT Reallocations of funds to the proper accounts for the Justice Software Project. PO 515002526 VOL ,-� t: P9._/ %� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 37.4 6/16/2015 FUND DIV ACCT PROJ DRJCR ACCOUNT NAME Increase Decrease 4500 63000500 80205000 CR Com uter- Network Costs 5,950.76 4500 63000500 6720500D DR Network Cost 5,950.76 Capital Improvement Projects - IT Reallocations of funds to the proper accounts for the Justice Software Project. P0#15002520 IVol. ��Od- -R Reallocations of funds to the for state BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 37.5 Vol. �. cZ / pg. Ci /— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 37.6 6/1612015 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc . 2,000.00 0100 22200200 61620000 DR Subscriptions & Publications 2,000.00 General Fund Contingency and 361st District Court Reallocations of funds to cover the unex ectcd increase in publication cost. IT BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 37.7 and Laserfiehe Rio 27 Vol. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14/15 - 37.8 6116/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 ! 1 100000 67203000 CR Minor Com uter Hardware 491.00 OI00 11100000 60211000 DR Software- No Tag 491.00 Fleet Maintenance Services Reallocations of funds to the prope r accounts for the purchase of software licenses. Vol. 02_ °9. PROJ on the BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 37.9 Z Vol. __ oL pg.Q5_. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 16, 2015 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 Expo Center Guillory, Gerald Resignation Facilities Juvenile Services Purchasing Road and Bridge S.O. - Jail Approved in Commissioners' Martinez, Carlos Buff, Clarence Davis, Beau Garcia, Brianna Leach, Tara Thomas, Neshae Norton, Christy New Hire New Hire New Hire New Hire Resignation Transfer w /in Dept. New Hire Eldridge, Shawn New Hire Matott, Michael Promotion County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. _�� ,;7� Pg� 21