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Home My WebLink About2015-09-01 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS IN a NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 1, 2016 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. Consider and take action on agenda items 3 -16: 3. Consider and possible action regarding the bum ban. 4. Desi nation of the 6w of the week and the location for Commissioners Court to convene into Regular Session each week durina FY 321t. Z Q 14p 5. Reappointment of the following to the Brazos Valley Council of Governments Board of Directors: • a. Nancy Berry: Term of Appointment 1011/2015 - 9/3012017 • b. Duane Peters; Term of Appointment 1011/2015 - 9130!2016 • c. Irma Caulev: Term of Appointment 1011/2015 .913012016 6. Request for approval of out of state travel for Juvenile Services Business Manager Barbara Roberts to attend the Annie E Casey Foundation's Juvenile Detention Alternatives Initiative Inter -Site National Conference in Phoenix. Arizona; dates of travel are September 27-30 2015. 7. Request for Out of State Travel for Wayne Dickey to participate in the Polish Delegation for Corrections Program with the Correctional Management Institute of Texas in the The Republic of Poland: Dates of travel are September 22-Ocotber 2, 2015. 8. Payment Authorization to Midwest Radar and Equipment in the amount of $385.00 for radar certification services (eleven radar units): aPurchase Order was not requested in advance. Vol Pg.j 9. Approval of permission to advertise RFP # 2016-21 Greens Prairie Trail Extension. 10. complete. Site is located in Precinct 1. 11. Approval of Treasurer's Report for July 2015 12. Tax Refund Applications for the following: • a Mark & Vivian Doucetoverpavment-516.01 • b. Corelooic Tax Service-overpavment-549.91 • c. Corelooic Tax Service -overpayment -$101.77 • d Green Tree Servicing -overpayment -S6.12 13. Commissioners Court minutes for the following dates' • a. August 3 2015 - Public Hearing • b. August 4, 2015 - Regular Meeting • c. August 7 2015 - Special Session • d. August 11 2015 - Regular Meeting • e. August 1B. 2015 - Regular Meeting • f. August 21. 2015 - Special Session • g. August 25 2015 - Regular Meeting • h August 25 2015 - Public Hearing at 10:30 am • i. August 25. 2015 - Public Hearing at 10:45 am 14. Budget Amendments. Budget Amendments FY 14115 47.1 - 47.15 15. Personnel Change of Status. Personnel Action Forms 16. Payment of Claims. 17. Sheriffs report on inmate population. 18. Announcement of interest items and possible future agenda topics. 19. Call for Citizen input and/or concerns. 20. Adjourn. Vol. as Pg. 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 15 oftheTexas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to Issue a Contempt of Court Citation under Section B1.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special andlor 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 CouR; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired andlor who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any Individual or group. Neither is it the intention of the Court to allow a member for 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 andlor any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sancbi 1. cancellation of a speakers time; 2, removal from the Commissioners Court; 3. a Contempt Citation; andlor 4. such other andlor criminal sanctions as may be authorized under the Constitution. Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property 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 uNisted 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 andlor Commissioners may choose not to respond to public comments, except to conect 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 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106. Bryan, TX 77903 is wheelchair accessible. Handicap parking spaces are available. Any request for sign imperative services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol- A; Pg..�/_ BRAZOS COUNTY BRYAN,TEXAS MINUTES September 1, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING ITS Signature Page.odf 17a File Stamped Agenda.pdf ICJ 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, September 1, 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. Consider and take action on agenda items 3 - 16: 3. Consider and possible action regarding the burn ban. Vol. Pg._ Item 3.pdf The County Judge stated that Order 15-010 Prohibition of Outdoor Burning needs updating for clarification. Judge Peters explained that outdoor cooking would be included as an exception in the order. The order took effect on September 1, 2015 and will expire on October 7, 2015, unless terminated earlier by the Commissioners Court or the County Judge. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 4. Designation of the day of the week and the location for Commissioners Court to convene into Regular Session each week during FY 2016. ICS Item 4.pdf On a motion by Commissioner Catalena and seconded by Commissioner Wassermann to correct the fiscal year to 2016 the Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting of the Commissioners Court. The meeting will take place in the Commissioners Courtroom at 200 South Texas Avenue, Bryan, Texas 77803. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Re -appointment of the following to the Brazos Valley Council of Governments Board of Directors: . a. Nancy Berry, Term of Appointment 10/1/2015 - 9/30/2017 . b. Duane Peters, Term of Appointment 10/1/2015 - 9/30/2016 . c. Irma Cauley; Term of Appointment 10/1/2015 - 9/30/2016 V Item 5. pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 6. Request for approval of out of state travel for Juvenile Services Business Manager, Barbara Roberts, to attend the Annie E. Casey Foundation's Juvenile Detention Alternatives Initiative Inter -Site National Conference in Phoenix, Arizona, dates of travel are September 27-30, 2015. 9Z Item 6.pdf All travel costs will be paid for by the Annie E. Casey Foundation Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Request for Out of State Travel for Wayne Dickey to participate in the Polish Delegation for Corrections Program with the Correctional Management Institute of Texas in the The Republic of Poland; Dates of travel are September 22-Ocotber 2, 2015.df ITs: Item 7.p All travel costs will be paid by Correctional Management Institute of Texas. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 8. Payment Authorization to Midwest Radar and Equipment in the amount of $385.00 for radar Vol. 1;U Pg. (�, certification services (eleven radar units), a Purchase Order was not requested in advance. LL"--_,, Item 8.odf This payment authorization was requested by the Sheriffs office. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard, Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Approval of permission to advertise RFP # 2016-21 Greens Prairie Trail Extension. ftp Item 9.odf Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Consider and take action on Sprint Communications Company, L.P. reimbursement agreement to lower 150 feet of existing fiber optic cable running along the Union Pacific Railroad right of way. Cable needs to be lowered in order to accommodate the proposed Greens Prairie Trail extension and crossing. Estimated cost to lower cable is $31,410.00. Brazos County will be billed for actual cost once work is complete. Site is located in Precinct 1. FB Item 10.pdf Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Approval of Treasurer's Report for July 2015. t- Item 11.pdf The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2015. A copy is attached and made a part of these minutes. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Tax Refund Applications for the following: . a. Mark & Vivian Doucet-overpayment-$16.01 . b. Corelogic Tax Service -overpayment -$49.97 . c. Corelogic Tax Service -overpayment -$101.77 . d. Green Tree Servicing -overpayment -$6.12 Ia Item 12.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 13. Commissioners Court minutes for the following dates: • a. August 3, 2015 - Public Hearing . b. August 4, 2015 - Regular Meeting . c. August 7, 2015 - Special Session . d. August 11, 2015 - Regular Meeting • e. August 18, 2015 - Regular Meeting . f. August 21, 2015 - Special Session . g. August 25, 2015 - Regular Meeting • h. August 25, 2015 - Public Hearing at 10:30 am Vol. tl Pg. 6 7 i. August 25, 2015 - Public Hearing at 10:45 am Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed, 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann . 14. Budget Amendments. Budget Amendments FY 14/15 47.1 -47.15 R Item 14.pdf 47.1 Transfer funds from General Fund Contingency to Budge Office. 47.2 Reallocate funds for Information Technology. 47.3 Transfer funds from the Jail to General Capital Improvement - Jail. 47.4 Reallocate funds for General Capital Improvement - Jail. 47.5 Reallocate funds for Expo Center. 47.6 Reallocate funds for Community Supervision Support. 47.7 Reallocate funds for Constable, Precinct 1. 47.8 Reallocate funds for Justice of the Peace, Precinct 1. 47.9 Reallocate funds for Juvenile Services - Detention. 47.10 Reallocate funds for County Court at Law No. 1. 47.11 Reallocate funds for County Clerk - Management Fund. 47.12 Reallocate funds for County Clerk - Elections. 47.13 Reallocate funds for County Clerk - Election Services. 47.14 Reallocate funds for County Treasurer. 47.15 Transfer funds from General Fund Contingency to Election Administration Renovation, Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 15. Personnel Change of Status. Personnel Action Forms R Item 15.pdf A copy of the Personnel Change of Status requests 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 . 16. Payment of Claims. 1B BILL LIST 09.01.15.pdf L»— Claims Sheet.pdf 7136180 - 7136425 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 565 inmates in jail, 48 have electronic monitors and 9 are pending for monitors. 18. Announcement of interest items and possible future agenda topics. Vol.. pg. 6J� Judge Peters announced that the second Public Hearing on the Tax Rate Increase would be today, September 1, 2015 at 2:OOPM. 19. Call for Citizen input and/or concerns. There was no citizen's input. 20. Adjourn. Vol. a Pg. The foregoing minutes of the Commissioners Court meeting held September 1, 2015 have been examined and are approved in open Court this lO day of n& f1 , 2015, in Bryan, Brazos County, Texas. ) S�S� ; J9, t4 -r& g4a $2t a✓ Duane Peters Lloyd Wassermarm County Judge Commissioner, Precinct �aj SamKny Catale a Kenny Mall r Commission6, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Attest: l ACubs'/ Alc (2(.c� - rhe. d Karen McQueen County Clerk Vol. 2�Z Pg. COMMISSIONERS COURT MEETING )5 Date and Time Name ;r-�/1fl i »'S*a Kms✓ � �.� �"_ Inl"d`� nrfi t Cid t#i Air/ /" /Ln/G� Organ ization(Department So 50c.ao: co . 91� l3 N mm l tom_ 1—: JviZ�- 1 rc.��4s Vol. �? ay pg. � 9 S0 COMMISSIONERS COURT MEETING and Time Name �� E O'.ogai-11/t- Organization/Department CA - Vol. "i_`Y'__-- P9•—�L BRAZOS COUNTY BRYAN, TEXAS ORDER 15-010 PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County Texas for the duration of the above mentioned declaration; Action Prohibited: A person violates this order if he or she bums any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. 4. This Order prohibiting Outdoor Burning takes effect on September 1, 2015 and will expire on October 7, 2015, unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local Government Code Section 352.081(c)(2). 5. This prohibition does not apply to prescribed outdoor burning activities related to public health and safety and/or trench -burning related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) firefighting training; (2) public utility; (3) natural gas pipeline or mining operations; (4) planting or harvesting of agriculture crops; or (5) bums that are conducted by a prescribed bum manager certified under Section 153.048 of the Texas Natural Resources Code, and meet the standards of Section 153.047 of the Texas Natural Resources Code. Vol. �.�� P9•�_ 6. Exception(s): A. Welding Welding may be allowed under the following guidelines only: Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. • Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occmring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush, etc, by utilizing fire resistant tarps). • Maintain a minimum of 100 gallons of water at the site. • Maintain a minimum of one (1) water pressure fire extinguisher per spotter. • No welding shall occur if winds are greater than 20 mph or relative humidity is less than 30%. • Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979-779-0911). The notice may be by phone but shall give the name of the welder conducting the welding operation, the location of the operation, cell phone number of other contact information, and the name of parry responsible. B. Outdoor Cooking All outdoor cooking or open flame device is prohibited • Unless the cooking device is propane or natural gas and has a complete and full enclosure that is utilized at all times. • Unless the cooking device is wood or charcoal and has a complete and full enclosure that is utilized, and all areas around the cooking device shall be clear of vegetation and/or combustible materials or debris for a 5' radius: 13E IT ALSO ORDERED that this order may be enforced by any duly -commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED, thisJh a of 20_L_. oyd Wassermann Commissioner, Precinct I Kenny Majard Commissioner, Precinct 3 DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 1, 2015 Utility Relocation Consider and take action on Sprint Communications Company, L.P. reimbursement agreement to lower 150 feet of existing fiber optic cable running along the Union Pacific Railroad right of way. Cable needs to be lowered in order to accommodate the proposed Greens Prairie Trail extension and crossing. Estimated cost to lower cable is $31,410.00. Brazos County will be billed for actual cost once work is complete. Site is located in Precinct 1. SUBMP -rED %BY: �l,.J ] JC k Darrell W. Kolwes Right of Way Agent This request i APPROVED APPROVED BY: W&.0 ' .zu.< AIJ�- Lloyd Wassermann Commissioner Precinct 1 Duane Peters, County Judge DATE: —9 Vol. pg. Commissioners' Court ►o 5 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into and effective this _ day of , 2015, by and between Sprint Communications Company L.P., a Delaware limited partnership, and its successors and assigns (hereinafter referred to as "Sprint"), whose mailing address is 6391 Sprint Parkway, Overland Park, Kansas 66251, Mail Stop: KSOPI iT0101-Z2040 and Brazos County, Texas (hereinafter referred to as "COUNTY") whose mailing address is 300 East 26" Street, Bryan, Texas 77803. BACKGROUND: A. COUNTY desires to construct certain road improvements pertaining to Greens Prairie Trail on the route of the Union Pacific Railroad ("UPRR") right of way ("Project"). Sprint owns fiber optic cable and other equipment within the aforementioned UPRR right of way as a result of Master Fiber Optic Cable Easement .Agreement dated lune 1, 1983; and, B. As a result of the construction for the Project, it is necessary for Sprint to relocate/lower fiber optic cable, in accordance with and as more particularly described in the attached Exhibit A ("Engineering Drawing") and Exhibit B ("Scope of Work"), and incorporated herein; and, C. Sprint, under the terms hereinafter stated, is willing to relocate its fiber optic cable and equipment within the UPRR right of way, and to accommodate COUNTY's work if COUNTY reimburses Sprint for all of its actual costs, both direct and indirect, in making the modifications. AGREEMENT In consideration of the promises and mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which is acknowledged, Sprint and COUNTY agree as follows: 1. Sprint will perform the necessary protection work in accordance with the attached Exhibits A and B ("Work") subject to the terms and provisions of this Agreement. 2. COUNTY represents and warrants to Sprint that Exhibits A and B accurately represent the Scope of Work requested of Sprint. 3. COUNTY may, at its own expense, inspect any construction by Sprint hereunder, to assure itself that Sprint work is being performed in accordance with the Scope of Work. 4. COUNTY will bear and be responsible for and pay in accordance herewith all direct and indirect costs incurred by Sprint and relating to the Work, including, but not limited to, labor, materials, construction, damages, administrative overhead, engineering review work, taxes and legal fees. 5. The total cost of the Work is estimated to be Thirty One Thousand Four Hundred Ten dollars ($31,410), as set forth in Exhibit C. Final actual costs may be more or less than the estimate, which will not be construed as a limitation of costs for the Work. Sprint will promptly provide notice to COUNTY if it becomes obvious to Sprint that the final actual costs will exceed the estimate by more than fifteen percent (15%). 6. Within a reasonable period of time after Sprint pays all of the invoices associated with the Project and the as -built drawings are complete, Sprint will furnish an accounting of final actual costs and provide COUNTY an invoice of the same. COUNTY must pay the full amount of such invoice within thirty (30) days after receipt. Payments shall be sent to: CID 508552 AID 612237 Vol.. g2 1 pg. 7- UMB Bank Sprint P.O. Box 871197 Kansas City, MO 64187 7. All operations and work performed by COUNTY above or adjacent to the fiber optic cable location must be performed in a workmanlike and safe manner and in conformance with all applicable industry standards and government regulations, and in accordance with any restrictions and conditions that may be imposed by Sprint from time to time. No work may be performed within the existing right of way by COUNTY until the fiber optic cable and other equipment modifications have been completed. 8. Exclusive of Saturday, Sunday and legal holidays, notice must be given to Sprint by COUNTY, at least 48 hours in advance of commencement of any work on or adjacent to the fiber optic cable. The notice shall be given to Sprint at telephone number 1-800-521.0579. 9. If COUNTY breaches any of the terms, covenants or provisions ofthis Agreement, and Sprint commences litigation to enforce any provisions of this Agreement, the cost of attorneys' fees and the attendant expenses will be payable to Sprint by COUNTY upon demand. 10. Insofar as it legally may, COUNTY will indemnify, defend, and hold Sprint, its officers directors, agents and employees harmless from all loss, claims, liability and costs incurred by Sprint, including, without limitation, losses resulting from claims for damages to property or injuries to or death of persons, judgments, court costs and attorneys' fees, which arise out of or are claimed to have arisen out of the acts or omissions of COUNTY, its contractors, subcontractors, representatives, agents, or employees with respect to the Project, including, but not limited to, the construction, maintenance, presence on the right of way, or other operations or activities of COUNTY. 11. It is expressly understood by the parties that Sprint is not abandoning any right, title or interest it may have in the right of way, all such rights, title and interest being expressly reserved. 12. Except as otherwise specifically provided in this Agreement, neither party shall be in default under this Agreement if and to the extent that any failure or delay in a party's performance of one or more of its obligations hereunder, excepting COUNTY's obligation to make payments required hereunder, is caused by any of the following conditions, and such party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delays: unforeseen act of God; fire; flood; fiber, cable, conduit or other material shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely place orders therefore; lack of or delay in transportation not resulting from the responsible party's act or omission to act; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder; any other cause beyond the reasonable control of such party (each a "Force Majeure Event''). The party claiming relief of a Force Majeure Event must promptly notify the other in writing of the existence of the event relied on and the cessation or termination of the event. 13. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding pertaining to the fiber optic cable modification work by and between Sprint and COUNTY. 14. The terms of this Agreement shall be binding and inure to the benefits of the parties hereto and their successors and assigns. 15. All costs for Flagging, if necessary, by UPRR will be at COUNTY's expense. 16. Notwithstanding anything to the contrary contained herein, Sprint will not be required to perform any cable modification work contemplated by this Agreement during the period of November 15th of any year through January 2nd of the following year. - RCS 6152011 Vol. �_�� p9•3q The parties have caused this Agreement to be executed by their proper duly authorized officials as of the dates indicated below. DATE: 91I I I S SPRINT COMMUNICATIONS COMPANY L.P. BY: NAME: TITLE: DATE: 3 RCS 6152011 Vol. pg. N -MUM Vol. ,L — p9, }% ^�--�--- — — —�-----''DihVxdA--�''—~--^''-- Foi. pg. -,z 2 Lihibit A- IT- - F --- Vol. Vol, a Pg..�� t { i ,-y SSq�qFi g�3e BBz�R �Iy i�od.y ssr sis5 f ewm Z Li p pc' y =e: F:.tr f I :h13 �1j� _ s N.I)n—Io- lea .�:a tl =;p: • f l` � i 1 F --- Vol. Vol, a Pg..�� Exhibit B SCOPE OF WORK TX Greens Prairie Trail Extension Cable Lowering College Stations, TX BRYNTX72 UPRR MP 65.78 STA 3+846 to 3+gg6 —PROJECT SUMARY-- This refundable Brazos County. Greens Prairie Trail Extension road project has required Sprint to submit contract bid requests to our Sprint approved GbfA Contractors for a fair market cable lowering price. The accepted bid contractor will lower this existing fiber optic cable section an additional (thirty eight inches -3 8" deeper) for a total (one hundred and ffh} feet 1150' length_) (The new cable depth will be louvered to seventy eight 78" for 150 feet) This cork was requested by Brazos County to prevent them from catling Sprints fiber optic cable while removing a required 30" of top soil for placement of their (3) new culverts and completing the new road work over Sprints cable. The County placed white painted ends stakes to mak where the cable lowering can stop on each end. Sprints contractor rsi11 first need to clear the trees and brush for an approximate 45 D' section, The trees and brush debris can be neatly placed in the field thatis parallel to the cable just of the UPRR ROW and it will need to be hauled off from there. After this is completed the contractor will need to expose the existing (40" average cable depth) for the marked one hundred and fifty foot section To gain the required 38" of slack Sprint anticipates the fiber optic cable will need to be exposed back an additional 150' past each of the N & S end stakes, which could be an additional 300' (+I-) to complete this cable lowering project. The contractor's bid will need to include any additional digging for lowering the cable as iegtrested. —PROJECT DELAn S- -- Clear ROW estimate from sta. 3+696 to sta. 4+146, pile debris in field, not on UPRR ROW. —Lower the fiber optic cable an additional 38" from sta. 3+846 to sta. 3+996 (78" from surface) --Place lowered cable in 4" split duct from sta. 3+846 to sta. 3+996 --Install (2) signs as requested, (1) on each end of the lowering- -Install warning ribbon 20" over the exposed and lowered cable. FVol. -a- pg --J -I& TFRiAT S-.. To be provided by contractor - 15o'of 4' split PVC pipe - Fencing for protection - Took, equipment and labor to expedite completion -.[yLNTF.RTAT S -- To be provided by Sprint - Marker Balls (s) for each end of pipe. -Warning tape -- Signs (2) --GF.NF.R AT. NOTES - L Anywork exceeding io hours per day must be approved by Sprint inspector. 2. All vegetation and trees excavated during construction will be clipped or removed from property. Chipped must be County approved, cannot be on ROW 3. Any excavations to be left unfinished overnight orweekend must beapproved by Sprint inspector. 4. Any deviations from approved drawings must be approvedby the Sprint inspector and Sprint Engineer. 5. All pits left open over night or unattended will be properly secured with construction fencing. 6. Contractor is responsible for scheduling one calk. Vol. Pg, til Exhibit C Brazos - Cost Estimate (8-19-15).xlsx Vol. p9• RAILROAD QTY ESTMCUR EST UNIT ESTAMT PER UNIT tS UI COST Engineering t 6 HOUR $80.00 $480.00 Contract Inspection 1 '.- .., 60 HOUR 580.00 $4500.00 braking t •,` •'4 F^. HOUR $80.00 5320.00 Tech Support 3 ; �. X20 HOUR $80.00 £1,600.00 Administration t .`4 HOUR 580.00 5320.00 UPHailroad Flagger t _ r.8 DAY $1.000.00 $8.000.00 ESTIMATED TOTAL 515.520.00 SPRINTMATERg1LS OTY-. EST'OTY EST UNIT EST UNIT COST EST TOTAL COST Sprint Warning tape - - 1,000'Roll $71.59 $0.0 Sprint Warning tape 6000' Roll $429.59 $0.G0 Locate Marker Balls i"'3 Each $21.80 SOHO 48 CT Samsung FOC z`>'2o0o Meters $3.69 $0.00 24 CT Samsung FOC Meters $2.64 $0.c0 Orange Marking Paint 'I Case S65.00 $0.00 White Marking Paint t Case $1 G7.00 $0.00 Warning Flags ..I Case $100.00 $0.00 Splice CaseSTYCO ':2 Each $288.00 $O.UO Splice Trays - _",16 Each $34.60 $0.00 Heat Shrinks ""':2 Bag S28.13 $0.00 ESTIMATED TOTAL $0.00 CONTRACTOR GRADY CRAWFORD OTY: LUMP SUM EST HOUR EST UNIT ESTAMT PER UNIT ESTIMA7ED COSTTOTAL Low Bid $15,890.00 $15.890.60 LABOR ,.,,.�; $0.00 $DAO MATERIALS -;,'.;$0.00 50.00 SPLICING 'S' $0-001 $0.60 SD.00 _ 50.00 80.00 $0.00 TOTAL COST $15.890.00 SPRINT TIME $7,520.00 SPRINT MATERIALS$0.00 UP RFI er (tt require) 58,000.06 CONTRACTOR 1 $15,890.00 IvIISC FEES FOR STATE, DOTI $0.00 Project Estimate 1 1 $31,410.00 Vol. p9• The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. ('Texas Local Government Code, 114.026) Witness my hand this 4 day o'. Examined and approved in open Commissioners' Court this 15� day of Duane Peters, County Judge Precinct #1 Precinct #2 1 " I AA L - Kenny Mallard, Odmmissionerecinct #3 C::� "IE 2 Irma Cauley, Co ssio r— t # Treasurer's Report for the MONTH JULY 2015 Vol.__moi pg,.z .I iJE b n n V O n n b n H P m vMi O N �N/1 m N P ry N p P ry " O mNp1 OO GN p�brvNu"iN QmR�vmi":'<m p�m n N n " N V m m ? a a N h z m m � .^._mn�Ntm�po WynYn 'ami^ �N `°n vnnam mn m cvJy ': m "s N e�etiN m p onnn avec m v a ;.e M o 0 0 0 p C N r P P M C O P M n b N m '� ry m m y M • F b N n P S N vmi b< m P� S m m b v .pi m f� Y' N m n n N O ui m e m< m m SG uPi <^ N N o n n y P$ N M m N e v n N ti o ry p > m M m ] .o+ m m p p rrvieev$i: n$ima nhn e$e ��"i, � o �M : p� yy Z P G1 CC U p z o o CCz p z m4 W O W p Z O �at� i3pw�ttm3=m�o��wK��Ea u�9OO4z �. 000�� OwQ O OQ U (pip r3ZOl qug O 6 2 iJE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014-2015 BUDGET YEAR NO. 14/15 47.1— 47.15 On this the 1st day of September 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 WHEREAS, on Ist day of September 2015 the Coiut 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 and unforeseen 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 ANT APPROVED this the 1st day of September 2015. THE CONDUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget 14 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.1 911/2015 FUNDI DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingent 500.00 01001 10500000 61500000 DR Prinitng 500.00 General Fund Contingency and Budget Office Reatlocation of funds for increase in Tinting of budget document. t 81251201 Vol._�� Fig, BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14116. 47.2 9/1/2015 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 14000200 71020000 CR IContingency 24,285.00 0100 14000100 61110000 DR Conference & Seminar Fees 4,485.00 0100 14000100 67211000 DR Software 19,800.00 Information Technology Reallocation of funds to purchase software needed and training for staff on use of the software. ifI Date .8/26/20, 15i Vol. p9,-2�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115.47.3 9/1/2015 FUNDI DIV I ACCT PROJ IDRICR ACCOUNT NAME Increase Decrease 0100 1 28002000 1 60350000 1 CR Food and Food Supplements 24,000.00 0100 91110000 DR Transfer to Capital Improvement Fund 24,000.00 4500 49028000 CR Transfer from General Fund 24,000.00 4500 63000500 80050000 DR Appliances 24,000.00 Jail and General CaIxUal Improvement: Jail Reallocation of funds to purcbase a kettle that no longer works. .if (pate "t8/26f201$ Vol. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.4 9/1/2015 FUNDI DIV I ACCT PROD IDRICR ACCOUNT NAME Increase Decrease ! 4500 63000500 80890000 CR Vehicles 16.75 ! 4500 63000500 80892820 DR Vehicles - Jail 16.75 General Ca italIm rovemeut-Jail Reallocation of funds for the state ins ection for the Van. r`— nnm Date x 8/26/2015 Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.5 9/1/2015 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 36000100 67286000 CR I Equipment - Other 9,250.001 0100 36000100 61880000 DR jUtilities 9,250.00 I Expo Center Reallocation of funds to cover for utilities for the remainder of FY 15. nnm Date �;-.,8/26/20151 Vol. _22 — pg�—�— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.6 9/1/2015 FUND DIV ACCT PRO—JT DR/CR ACCOUNT NAME Increase Decrease 0100 26001000 71020000 CR computer Contracts 1,470.00 0100 26001000 60360000 DR Furniture 1,470.00 Community Supervision Support Reallocation of funds to purchase three chairs. i"— nrim Date. " 8/26/201'5 Vol.�7Z3� Pg.._ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 47.7 9/1/2015 FUNDI DIVT ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 71500000 CR Rental - Equipment 550.00 0100 30101100 80890000 DR Vehictcs 550.00 Constable Pct. #1 Reallocation of fiords to u:chase gun racks for Unit #501 and Unit #502. nnm Date ''' '8/26/2015 Vol.�9•._�— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.8 FUNDI DIV I ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 1 24101100 1 60620000 CR Postage & Shipping 10.00 0100 24101100 65320000 DR Equipment - Maintenance 10.00 Justice of the Peace. Pct. #1 Reallocation of funds to pay for the inspection of the Fire Extinguisher. rinm Date B/20/2015 Vo_ Pg, 9-1 ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15-47.9 9/1/2015 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 1 31000200 1 53300000 CR Em to ee Heath Insurance 45,000.00 01001 310002001 51610000 DR Hourly - Staff 45,000.00 Juvenile Services -Detention Reallocation of funds to cover for a otl for the remainder of FY 15 due to comp time pay outs. F77---777'] Dated 18/26/2035 Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115.47.10 1 0100 121000300 1 53300000 1 1 CR IEmnlovee Heath Insurance 1 1 2.200.001 #1 of funds to cover for navroll for the remainder of FY 15 due to vacation heinn Paid for a retiree. Date nnm ":8/26/2015 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.11 9/1/2015 FUNDI DIV ACCT PROJ I DRICRI ACCOUNT NAME I Increase Decrease 2000 21005000 67342000 CR Furniture 540.00 2000 21005000 5t6I0000 DR Hourly -Staff 540.00 i County Clerk blauaoetnent Fun Reallocation of funds to cover for payroll for the remainder of FY 15 due to comp, time pay outs. Date. � _'�8/26l20151 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 47.12 9/1/2015 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 53100000 CR Social Security 3.000.00 0100 21002000 51610000 DR Hourly - Staff 3,000.00 County Clerk Elections Reallocation of funds to cover for payroll for the remainder of FY 15 due to comp time pay outs. ;Date ..� w'8/26/20ti5 voi. pg._9�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 47.13 9/1/2015 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 3500 21130000 61130000 CR Contingency 19,095.00 3500 21130000 60500000 DR Equipment & IT Enhancements 19,095.00 ( I I County Clerk Election Services Reallocation of funds to purchase 47 barcode scanners to be used at the voting centers. s ,' 'nnm{{ Date 8/26)2015{ Vol._ p9•_I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.14 9/1/2015 FUND DIV I ACCT PRO—J] DR/CR ACCOUNT NAME Increase Decrease 0100 12000100 65320000 CR Equipment - Maintenance 200.00 0100 12000100 71117000 DR Internet Contracts 200.00 County Treasurer Reallocation of funds to cover the fee for electronically film Child Support payments for people who live outside the State of Texas. nn Vol. �-14-1- Pg._�—/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 47.15 9/112015 FUND DIV ACCT PROJ I DR/CRJ ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingenc 45,777.28 0100 91110000 DR Transfer to Capital Improvement Fund 45,777.28 4500 49028000 CR Transfer from General Fund 45,777.28 4500 63210020 80100000 DR Buildings 45,777.28 General Fund Conting ney and Election Admin. Renovation Reallocation of funds to cover the renovation of the Election Administration building. nnm! ;8/26/2015 Vol. Pg. /� 6 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 1, 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 S.O. — Detention Bounds, Steven Resignation Bower, Clayton Promotion Winn, Jim Promotion S.O. — Medical Tax Office Croucher, Rebecca New Hire Hitchcock, Karlis Pankonien, Jolene Approved in Commissioners' Court: September 1, 2015 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) FV0, .�6/ New Hire New Hire 15