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HomeMy WebLinkAbout2015-10-13 10:00AM REGULAR MEETINGBRAZOSCOUNTY BRYAN,TEXAS FILED -g--A NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 13, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 26: 3, Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2016. Cita republican os v dem6cratas Para Juez Presidente y Magistrado suplente Por un perlodo de un ano hasta el 31 de iulio de 2016. 4. Consider and possible action regarding the burn ban. 5. Consider and take action on the application for operation of a iunkvard by Cecilio Vega 5, Payment Authorization to H&M Wholesale for 4 invoices received after purchase order was full due to other expenses. 7. Payment Authorization to CDW Government in the amount of $647.94 for an emergency purchase of two Dual Port Hard Drives needed to repair a video server; a purchase order was not obtained in advance. 6, Payment Authorization to MCCL LLC in the amount of $45.603.50 for an emergency purchase of 50 g, Request from the County Judge for the following personnel changes effective October 1 2015 This Vol. Pq._�6� position will have no increase to the County Judge's FY 16 Budget Create Transition Training - All. Class Code 0219 Position 1. Group NA Step NA. Pay Code 014 10, Request from Brazos Center for the following personnel changes effective October 24, 2015. This will have an increase to the Brazos Center's FY 16 budget in the amount of $992.00. • Create cell phone allowance for Manager, Brazos Center. Class Code 0804 Position 1. Pay Code 330 11. Approval of the Job Description for Risk Manager (Class Code 2211) for Risk Management. 12. Interlocal Agreement between City of Bryan Texas: Brazos County. Texas' and City of Bryan and Brazos County Economic Development Foundation, Inc effective October 1. 2015. 13. Request approval of an Interlocal Agreement with the City of Bryan which addresses the Cltv of Bryan Fire Department providing EMS support to the Sheriffs Office Tactical Team. 14. Renewal of contract for Lane Striping and Pavement Markers. 15. Renewal of Contract for Asphalt Oils and Emulsions #2016-135R 16. Approval of contract with Davidson Document Solutions Inc for Copier Maintenance for nineteen (191 County owned copiers. 17. Purchasing requests Commissioners Court to declare surplus property as "salvage" in accordance with Local Government Code 263.152 and authorize destruction or other disposal for items recelving no bids from auction ending September 17, 2015. 18. Acceptance of Meadowereek Subdivision Phase 5 into the Brazos County road maintenance system; the roads (Sagewood Drive Stewart Drive Sanewood Court and Carriker Court) are in compliance with the Brazos County Subdivision and Development Regulations. Site Is located in Precinct 1. 19. Acceptance of Special Warranty Deed from Everett C Martin Jr for 0.36 acres of land to be used for Improvements to Merka Road located in Precinct 2. 20. Acceptance of Aqqieland Business Park Phase 1 Into the Brazos County road maintenance systema the road (Imperial Loop portion of) and drainage structures are In compliance with the Brazos County Subdivision and Development Regulations Site is located in Precinct 4 21. Budget Amendments, Budget Amendments FY 14115 53.1-53.3 Budget Amendments FY 15116 3.1 -3.13 22. Approval of change order to contract with Mitchell & Morgan for design work associated with Greens Prairie Trail to add $43,980. This change order makes the total value of this contract $338.912.50. Detailed documentation is attached. 23. Personnel Change of Status. Personnel Action Forms 24. Payment of Claims. 25. Convene into the following Executive Sessions: . a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. . b. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. Vol. _ '4 Pg. 26. Consider and possible action on executive sessions. 27. Acknowledgement of Monthly Reports for September 2015. 28. Sheriffs report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns. 31. Adjourn. Vol. 007 P9, e2 / 0 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption or 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. Amordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda 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 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 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 previobsty, 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 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) 3614102. FV071a497=�Pg—I,_ BRAZOS COUNTY BRYANJEXAS MINUTES October 13, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING IP Signature Page.0 14 File Stamped Agenda.pdf R 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, October 13, 2015 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; 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 Commissioner Wassermann Judge Peters led the prayer and pledges in the absence of Chaplain Jones and Commissioner Wassermann. 2. Call for Citizen input and/or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 26: 3. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2016. Cita republicanos y democratas para Juez Presidente y Magistrado suplente por un periodo de un alio. hasta el 31 de julio de 2016. ILS Item 3.odf A copy of the persons appointed as presiding judge and alternate judge for elections is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 4. Consider and possible action regarding the burn ban. 12 Item 4.0f On a motion from Commissioner Catalena and seconded by Commissioner Cauley, the Court voted unanimously to extend the burn ban for sixty (60) days effective immediately. Judge Peters stated that the previous order had expired on October 8, 2015, and that he signed an emergency order until it could be placed on today's agenda. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 5. Consider and take action on the application for operation of a junkyard by Cecilio Vega. 0 Item 5.odf 9t- Item 5 Petition.pdf Legal Counsel Bill Ballard reminded the Court that if they grant the order they could add conditions to the order. If they deny the order, they would need to indicate their reasons for that decision. Commissioner Cauley said that the Court members received a petition against the application for a junkyard from the residents in the neighborhood. Commissioner Catalena stated that he viewed the area and that the junkyard was not the only property in that area that was a problem. He said that the other areas need to also be addressed. Ramiro Quintero requested to speak next. He said he was concerned that the term junkyard was on the agenda and feels that the term salvage yard should be used. He said that Mr. Vega is willing to comply with regulations. Mr. Quintero said he sees very little detriment to that area. He went on to say that the junkyard cannot be seen from Highway 21. He feels there is no reason the Court should not approve the application with conditions. Judge Peters said that wrecking yards, salvage yards, and junkyards all fall under the same ordinance. He also stated that a Public Hearing was held and this vote will be made based on that testimony. The Court voted to deny the application submitted by Cecilio Vega for a Junkyard, Automotive Wreck and Salvage Yard. A copy of the order and petition is attached. Motion: Deny , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Vol. 11�a 4 Pg,_ �- 1,3 Mallard. Passed, 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 6. Payment Authorization to H&M Wholesale for 4 invoices received after purchase order was full due to other expenses. 111"-1 Item 6.pdf This payment authorization is in the amount of $231.87 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley, Mallard , Peters . Members Absent: Wassermann . Payment Authorization to CDW Government in the amount of $647.94 for an emergency purchase of two Dual Port Hard Drives needed to repair a video server, a purchase order was not obtained in advance. rel Item 7.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 8. Payment Authorization to MCCI, LLC in the amount of $45,603.50 for an emergency purchase of 50 additional Laserfiche licenses with support for various county departments needed during the LF RIO upgrade, a purchase order was not obtained in advance. fe Item 8.12df Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 9. Request from the County Judge for the following personnel changes effective October 1, 2015. This position will have no increase to the County Judge's FY 16 Budget. . Create Transition Training -All, Class Code 0219 Position 1, Group NA Step NA, Pay Code 014 ((L-- Item 9.0 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 10. Request from Brazos Center for the following personnel changes effective October 24, 2015. This will have an increase to the Brazos Center's FY 16 budget in the amount of $992.00. . Create cell phone allowance for Manager, Brazos Center, Class Code 0804 Position 1 Pay Code 330 Item 10.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 11. Approval of the Job Description for Risk Manager (Class Code 2211) for Risk Management. Q Item 11.pdf Vol. off. N pg.2 7� Commissioner Catalena asked if the Risk Manager should report to the County Judge or to the entire Commissioners Court. He then requested a change be made to the job description to include that the Risk Manager report to the Commissioners Court. A copy of the job description is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 12. Interlocal Agreement between City of Bryan, Texas. Brazos County, Texas, and City of Bryan and Brazos County Economic Development Foundation, Inc effective October 1, 2015. Item 12.0 Legal Counsel Bill Ballard explained the funding agreement for this corporation. He also mentioned that the agreement is on the City of Bryan's agenda for this evening. A copy of the agreement is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 13. Request approval of an Interlocal Agreement with the City of Bryan which addresses the City of Bryan Fire Department providing EMS support to the Sheriffs Office Tactical Team. [L-: Item 13.odf Judge Peters stated that the term for the agreement has changed and will begin on November 1, 2015 and end on October 31, 2016. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 14. Renewal of contract for Lane Striping and Pavement Markers. M1� Item 14.odf This Renewal of Contract is #2016-113 and is with N -Line Traffic Maintenance. The renewal will be for one year and will begin November 19, 2015 through November 20, 2016. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena. Cauley , Mallard , Peters . Members Absent: Wassermann . 15. Renewal of Contract for Asphalt, Oils and Emulsions #2016-135R 0� Item 15.odf Renewal of Contract #2016-135R was awarded as follows: Cleveland Asphalt - Sections 1, 2, 3, 5, 6, and 7 Ergon Asphalt - Section 4 This renewal will be for one year and will begin December 1, 2015 through November 30, 2016. A copy of the renewal of contracts and bid tabulation is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Epg-A-06� Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 16. Approval of contract with Davidson Document Solutions, Inc for Copier Maintenance for nineteen (19) County owned copiers. 0- Item 16.pdf A copy of the contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 17. Purchasing requests Commissioners Court to declare surplus property as "salvage" in accordance with Local Government Code 263.152 and authorize destruction or other disposal for items receiving no bids from auction ending September 17, 2015. Lr -J Item 17.0 A list of the property is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley, Mallard , Peters . Members Absent: Wassermann . 18. Acceptance of Meadowcreek Subdivision Phase 5 into the Brazos County road maintenance system; the roads (Sagewood Drive, Stewart Drive, Sagewood Court and Carriker Court) are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. 14 Item 18.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 19. Acceptance of Special Warranty Deed from Everett C. Martin, Jr. for 0.36 acres of land to be used for improvements to Merka Road located in Precinct 2. [B- Item 19.0 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 20. Acceptance of Aggieland Business Park Phase 1 into the Brazos County road maintenance system, the road (Imperial Loop, portion of) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 4. IU Item 20.pdf 0 Item 20 Abstention Affdavit.pdf A copy of the affidavit of abstention for Commissioner Catalena is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 3-0. Members voting Aye: Cauley , Mallard , Peters . Members voting Abstain: Catalena . Members Absent: Wassermann . 21. Budget Amendments. Budget Amendments FY 14/15 53.1-53.3 IM Item 21.0 53.1 Transfer funds from General Fund Contingency to Election Administration Building Renovation. 53.2 Reallocate funds for Commissioners' Court. Vol. ®� P = Pg, -)7--4— 53.3 Reallocate funds for Justice of the Peace, Precinct 4 Budget Amendments FY 15/16 3.1 - 3.13 3.1 Reallocate funds for Health & Life Insurance Fund. 3.2 Reallocate funds for the Brazos Center. 3.3 Reallocate funds for the HAVA Grant. 3.4 Reallocate funds for the Brazos Center. 3.5 Recognize forfeiture funds for Constable, Precinct 2. 3.6 Reallocate funds for the County Treasurer. 3.7 Reallocate funds for the Elections Administrator. 3.8 Reallocate funds for General Capital Projects. 3.9 Reallocate funds for State Lateral Road Fund - Greens Prairie Trail Project. 3.10 Recognize donations to the Boonville Cemetery. 3.11 Reallocate funds for the Expo Complex. 3.12 Reallocate funds for 2013 JAG Grant. 3.13 Transfer funds from General Fund Contingency to Community Support. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 22. Approval of change order to contract with Mitchell & Morgan for design work associated with Greens Prairie Trail to add $43,980. This change order makes the total value of this contract $338,912.50. Detailed documentation is attached. R Item 22.rdf A copy of the change order is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 23. Personnel Change of Status. Personnel Action Forms ILS Item 23.pdf A copy of the Personnel Change of Status requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 24. Payment of Claims. 11--t BILL LIST 10.13.15.0df R Claims Sheet.pdf At this point the County Judge announced that the Court would skip to items 27 through 30. After the Executive Sessions concluded, the Court unanimously approved claim numbers 7137590-7137840. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard, Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 25. Convene into the following Executive Sessions: Vola Pq��7 . a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. . b. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. Having considered agenda items 27 through 30, at 10.32 a.m. the County Judge stated that the Court would convene into Executive Session. The following individuals were asked to attend Executive Session a Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Irene Jett, Budget Officer Jennifer Salazar, Human Resources Director The following individuals were asked to attend Executive Session b Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Katie Butler, County Auditor Jason Bienski, Mayor of the City of Bryan Kean Register, Bryan City Manager Joey Dunn, Bryan Deputy City Manager Kevin Russell, Bryan Director of Economic Development Judge Peters abstained from participating in session b. 26. Consider and possible action on executive sessions. At 10:45 a.m. the County Judge announced the meeting open to the public and on motion by Commissioner Cauley, seconded by Commissioner Catalena, the Court voted unanimously to accept the settlement and pay claim #7137804. Judge Peters then announced the Court would return to agenda item 24, Payment of Claims. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Members voting Aye: Catalena , Cauley , Mallard , Peters . Members Absent: Wassermann . 27. Acknowledgement of Monthly Reports for September 2015. 0 Item 27.pdf The Court acknowledged receipt of the Extension Service reports submitted in September 2015 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Vol. toPg, �/ rfl Sheriff 28. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 573 inmates in jail, 49 have electronic monitors and 13 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. There were no announcements. 30. Call for Citizen input and/or concerns. There was no citizen's input. 31. Adjourn. vol. o�o� ��. pg, vo� The foregoing minutes of the Commissioners Court meeting held October 13. 2015 have been examined and are approved in open Court this � day of V WQ- M �Q 2015, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge S y Catal is Commissio r, Precinct 2 4 5W Irma Cauley Commissioner, Precinct 4 Attest: Commissioner, Precinct Kenny Mallard Commissioner, Precinct VOA. pf o2 _ Pg._aoZ BRAZOS COUNTY COMMISSIONERS COURT MEETING Date and Time Name ERIC CNLowIELC of) Vol. Cf . Organization/ Department 4� � 1 I •ie�. l/ i So A i BRAZOS COUNTY COMMISSIONERS COURT MEETING Name Date and Time V1l J�a�=s�� I6,61 RGf481 �� e Organization/ Department �GJI� c�h Y�'J e f. 3 OPrescribed by Secretary of State Section 32.002 (d), V T.C.A., Election Code 8107 I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a I yen term, ending on July 31, 2016. Yo, Karen McQueen, Escribiente del Condado, del condado de Brazos someto par este media para nombrar las personas siguientes coma juez de presidencia y juez alterno par alas elecciones conducidas por el condado coma requerido, segun el recibo de las listas opormnas sometidas por las sillas politicos apropiadas del parlido o seg+in to recomendado par mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un tzrmino de I ano, terminando el 31 de Julio de 2016. Vote Center Cenlros de Yotaci6n Presiding Judge Juez de presidencia Alternate Judge Juez alterno Millican Community Center Clyde Goen *R* Jimmy Mathis *D* Sielocrt Center—Smetana Harold Eaton*D* Nathan Cook -R* Galilee Baptist Church ShirleyCarter *D* Tori Ellis *R* Zion Church of Kurten Carol Nichols *R* Marianne Arnold *D* Parkway Baptist Church Donald Trac *R* Jack Miller *D* College Heights Assembly of God Church Arthur Pinto *R* Bobby Slovak *D* First Baptist Church Bryan Diana Davis *R* Susan Spews *D* Beacon Baptist Church Nicholas Perez -Hernandez *R* Princess Jones *D* Momentum Church Jesse Osti in *D* Joe Moreno *R* Brazos County Administration Bldg Barry Char *D* Robert Bruce *R* MSC—TAMU Boyd Che*R* Bob Presley*D* GW Williams Tabernacle Denise Ra *D* Ron —Treat *R* Pet. 4 Volunteer Fire Station - Brush . Ruby Ellis *D* Susie Cohen *R* Lincoln Center Andre Steen *D* Murray Bennett *R* College Station City Hall Gary Thomas *R* Joe Callaway *D* College Station ISD Administration Bldg Debbie Foster *R* Faye Daily *D* Fellowship Freewill Baptist Church Ed Biskup *R* Oscar Chavarria *D* Castle Heights Baptist Church Barbara Cooper *D* Lola Peterson *R* St Francis Episcopal Church Bill Edison *R* Rosemarie Swanson *D* Aldersgate Methodist Church Peter Grandjean *R* Joyce Louis *D* Christ United Methodist Church Dixie Tracy *R* Brian Bochner *D* Arena Hall George McDonald *R* Lynn Kmger *D* Brazos Center Marla Calvin *R* Barry Bauerschl *D* Wellborn Community Center Patricia Lassiter*R* Tina Hanna *D* Living Hope Baptist Church CeCi Matthews *R* Charles Fraser *D* Church of the Nazarene Debbie Pipes *R* Corbet Perkins*D* Central Count Manager Darlene Nichols Tabulating Supervisor Cray Crouse Vol. pg. a �.j.. Earl Voting Ballot Board Bob Dav,5'R' Elizabeth Scott 'D' Central Count Bob Davis 'R' I Elizabeth Scott *D* Issued this thel � _day of October 2015. Emitado este dia _'_ de octubre de 2015. RO D: E. vane Peters, Brazos Comty Judge Juez del Condado de Brazos Vol. DESTRUCTION LIST OCTOBER 2015 ASSET # DESCRIPTION AUCTION # N/A Analog Phones 457 N/A Batteries, UPS, Battery Pack 453 N/A Large Bulletin Board 399 N/A Desks & book case 394 N/A Desk/Table/Filing Cabinet 422 A001000964 Fax Machine 418 N/A Fax Machine 419 N/A Filing Cabinets 425 N/A Filing Cabinets/MiscOffice Supplies 431 N/A Filing Cabinets/Misc Office Supplies 428 2800010211 Filing Cabinets 424 3100010257 Long Folding Table/Shelf 445 N/A Keyboards 456 A001000080 Office Chairs/Metal Storage Drawers 401 3100010519/3100010033/AO01000386 Office Chairs/Metal Storage Drawers 402 N/A Office Chairs/Metal Storage Drawers 404 N/A Refigerator/Sofa/Pictures/Microwave 413 3650010100/ N/A Shelves/Chairs 421 AO01002037 Shredder 415 N/A Shredder 416 A001000718 Shredder 417 N/A Box of tiles/2 Shelf Stand 393 N/A Surveillance DVR 458 N/A Table/Chairs 411 N/A Typewriters/Metal Boxes/Time Card Holders 405 N/A2 Long Wooden Tables 412 N/A Police Cages 355 vol. _d?� Pg. SJ� BRAZOS COUNTY BRYAN, TEXAS ORDER 15-014 N 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; 1. 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 October 13, 2015 and will expire on December 11, 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. '�z a-� pg. gaG 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 occurring 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 (979-361-3888). 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 party 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. BE 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, thi of V� Duane Peters, Counge Lloyd Wassermann Sam y Catalena Commissioner, Precinct 1 of rein W LK— IvC � d Iritlazu Commissioner, Precinct 3 Commissioner, =P9 -P -V-1 5 ORDER NO. 15-015 AN ORDER OF THE BRAZOS COUNTY COMMISSIONERS COURT, PURSUANT TO TEXAS TRANSPORTATION CODE CHAPTER 396 AND ITS ORDER ESTABLISHING RULES FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS, CONSIDERING THE APPLICATION OF JOY TRUST. WHEREAS, Brazos County, Texas ("County") is a county of the State of Texas, having been duly created and organized under the constitution and laws of Texas, and further, the Brazos County Commissioners Court ("Commissioners Court") is the governing body of said County; and, WHEREAS, pursuant to the Texas Transportation Code Chapter 396, and other authority, the County Commissioners, on March 12, 2013, established rules for junkyards, automotive wrecking, and salvage yards ("Rules"); and, WHEREAS, on August 27, 2015, Brazos County received an application for junkyards, automotive wrecking and salvage yards license from Cecilio Vega; and, WHEREAS, on October 6, 2015, after proper notice, the Commissioners Court conducted a Public Hearing as required by Article 6, Section A of the Rules; and, WHEREAS, not more than sixty (60) days have passed following the public hearing required by the Rules; and, WHEREAS, the Commissioners Court finds and determines that all public notice, hearing, administrative, and procedural matters required by law have been timely initiated and completed regarding the Application; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Brazos County Commissioners Court, for and in behalf of said County and in the public interest, as follows: THE PERMIT/LICENSE APPLIED FOR BY CECILIO VEGA IS . C"a ►MC", DENIED The Commissioners Court denies the approval of the license/permit of Cecilio Vega for the follo77he son(s): location of the proposed yard would be detrimental to the public health, /safety, or welfare; ✓/the location of the proposed yard would create a hazard to the environment; ✓ the location of the nearest boundary of the proposed yard would be within one thousand (1,000) feet of the nearest property line of property on which there is a church, a school, a park, a hospital, a nursing home, or a residence (single-family 1 Vol, s�•z (o_ pg oZ2 /home, duplex, apartment, townhouse, or mobile home), or the nearest boundary of residential subdivision for which County has approved a survey's plat; V the location of the proposed yard would be incompatible with the surrounding IV the e location of the proposed yard would be detrimental to the economic welfare of —VBrazos County; /the location of the proposed yard would be within one thousand five hundred (1,500) feet of a lake, river, tributary or pond; the location of the proposed yard would be within the one hundred (100) year floodplain; the applicant has not complied with Article 5 of these rules. This order was considered, ordered, approved, and enacted at a public meeting of the Commissioners Court held in compliance with the Texas Open Meetings Act. Petitioner/Applicant shall cease operations immediately upon the Denial of the Permit/License and shall immediately begin the removal of any junk or salvage vehicles located at the location. Removal of all junk and salvage vehicles from the location shall be completed within Thirty (30) days of the signing of this Order. Failure to remove the vehicles within the time allowed under this Order will result in the imposition of civil and or criminal liability. CONSIDERED, ORDERED, APPROVED, AND ENACTED on the amday of 0—l�%l)&er 12015. SIGNED on the Duane Peters, County Judge b5m j� Commissioner Lloyd Wassermann Precinct 1 04- --'Z Commissioner nny Ma ar Preci ct 3 ATTEST: ZAAV4 mmiss� er Sammy Catalena Precinct 2 Vol, To The Honorable Judge Duane Peters and Brazos County Commissioners: We, the undersigned Petitioners request that -no permit be granted to Cecilio Manuel Vega, Junkyards, Automotive Wrecking and Salvage Yards to setup and operate at the address 4610 West 28thth Street, Bryan, Texas 77803. 11111FROININ- .. �1 1' • ice' Ll 4 it.�i.� � ..1:.'L�. ' r III /T / r--.2 1. r? _ '1-t', A, _ 11A -.\--j ./1 ' 70"A - . , ., , w ., �1 1' • ice' Ll 4 it.�i.� � ..1:.'L�. ' r III I O N 8 O N J X _ _ � ccc000X-333 Y 'l_ N n no Vol. pg, -Zj,/ D \\ )/ } 2 vE_��\ Pg.��� I (\\ § ; \ _ (!\} !- (\\ § ; 04 \ _ 04 Brazos County Job Description Last Updated: October 2015 Template Revision 1.20811&2012 Class Number: 2211 Title: Risk Manager Pay Group: 27 Department: Risk Management FLSA Status: Exempt Reports To: Commissioner's Court Approved Date: 10/13/2015 EEOC Category: Professionals General Summary: Performs risk management and loss control/safety specialist duties, including identifying and monitoring risk causation factors and recommending appropriate changes, investigating accidents, implementing county -wide loss control and safety awareness programs; works with department heads to implement safety changes; and prepares annual departmental budget. Essential Duties: Risk Management Duties: Identifies and monitors risk causation factors and recommends changes in procedures, programs, or conditions to eliminate or reduce the loss exposure; Directs and coordinates the processing, investigating, validating, and responding to claims for liability and workers' compensation; Plans, directs, and manages the county program to control, minimize, eliminate, or transfer possible loss exposures; Plans and directs the design of a comprehensive county -wide loss control and training program, and develops and maintains records and reports to provide loss analysis and loss prevention guidance to commissioners court and department heads; Works with department heads and elected officials as support by providing advice and information regarding risk management and loss control; Administers and makes recommendations pertaining to general liability, law enforcement liability, property, errors and omission liability, and workers' compensation; Coordinates and monitors litigation against Brazos County, including assuring timely response to citations and suits by the appropriate agency, acting as a liaison with attorneys and claims agents, and briefs the County Judge and Commissioners on the status of litigation, as requested; Pursues the collection of claims for damages to county property; and Prepares annual departmental budget, reviews contracts and requests for proposals, and makes recommendations as required. Loss ContraYSafety Specialist Duties: Plans, develops, collects, and adapts instructional materials for safety and health programs, and coordinates and conducts county -wide safety and health training and assists supervisors and department heads with training on request; Conducts field inspections to identify hazardous conditions and procedures arising out of county operations; Investigates and analyzes all work related incidents to identify causes, contributing factors, and potential hazards, and makes recommendations for improvements to reduce exposure; Researches federal, state, and local occupational and health directives to assure that policies and procedures are in compliance, and develops policies and procedures for approval that conform to regulations; and Maintains records of loss control training programs, federal and state recording keeping, and other related documentation. I � Other DDties as assigned. (11%) Su ervision Received: Given: Supervises departmental employees, including assigning and reviewing their work, conducting performance evaluations, and recommending and executing personnel actions. Education Required: _ Bachelor's degree' or equivalent (Degree field): Business, Insurance, Management, Human Resources or closely related field. Requires knowledge of the principles and practices of insurance underwriting; workers compensation procedures, practices, codes and other liability statutes of currently accepted risk management l and control practices; investigative methods, procedures and techniques; current trends and developments in the area of risk management and employee benefits; state and federal statutes or safety standards and other industry standards, regulations or guidelines such as Texas Workers Compensation, DOT, FHA, and National Safety Council. Knowledge of contracts; bid or proposal specifications and procedures; and budgetary methods. Preferred: Knowledge of County government organization and services Experience Required: Four years of progressively responsible experience involving any combination of the following work areas: Group Health and Life Insurance, Workers Compensation, Property and Casualty Insurance, Safety and Loss Control, General Liability and Third Party Claims. At least two (2) years must have been in a supervisory or administrative capacity. ('Over ten years of experience in same or similarjob may be substituted for degree). Any equivalent combination of experience and education, which provides the required knowledge, skills and abilities. Preferred: Vol. o�� l° pg, �'�y Registrations Required: Valid Texas motor vehicle's license, and Associate Risk Management (ARM) certification within two years of employment. Preferred: individuals with disabilities to perform the essential functions. Ph sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to team. The employee must be able to work in extreme weather conditions. successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Knowledge of: advanced principles and practices employee safety management and administration; practices, terminology and requirements of a wide variety of occupations; how to apply modern business practices, -, procedures and technology; budget procedures and techniques; pertinent Federal, State, and local laws, codes, and regulations. Ability to: communicate effectively, both orally and in written form; articulate the concerns of County employees; oversee the implementation of comprehensive County-wide risk management programs including risk analysis, workers compensation administration, comprehensive health insurance program, loss control, and safety program development activities; monitor and ensure program compliance with relaws and regulations; interpret and apply federal, state, and local policies, procedures, laws, and ions; plan, assign and coordinate the activities of subordinate personnel; establish and maintain regulations; effective working relationships with elected officials, department heads and employees. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee frequently faces time pressure, changes tasks, must perform multiple tasks simultaneously, and must.work closely with others as part of a team. The employee must be able to work in extreme weather conditions. PPt Duane eters Date County Judge Vol. as to Pg, �' �? STATE OF TEXAS COUNTY OF BRAZOS INTERLOCAL AGREEMENT BETWEEN CITY OF BRYAN, TEXAS BRAZOS COUNTY, TEXAS; AND CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. THIS INTERLOCAL AGREEMENT is entered into by and between the City of Bryan ("City"), a Texas home -rule municipal corporation, Brazos County ("County"), a political subdivision of the State of Texas, and the City of Bryan and Brazos County Economic Development Foundation, Inc. ("BBCEDF"), a Texas Transportation Code local government corporation ("Agreement'), and is effective for all purposes as of October I, 2015 ("Effective Date"). WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, LOC. GOVT CODE ANN. § 791, to enter into an agreement for to administer a program for local economic development; and WHEREAS, in 2009, the City coordinated with the County with regards to the creation of the BBCEDF for the purpose of promoting the development of an industrial park in an unincorporated area of Brazos County, just outside the city limits; and WHEREAS, the City and the County have shared equally in the responsibilities associated with the formation, operation, and funding of the BBCEDF; and WHEREAS, the BBCEDF entered into several contracts for the purchase of real estate that will be developed, marketed, and governed as the Texas Triangle Industrial Park and Inland Port ("Park"); and WHEREAS, the County wishes to contract with BBCEDF as its agent pursuant to TEX. LOC, GOVT CODE ANN. § 381.004 to administer the County's program for local economic development in the Park; and WHEREAS, the City wishes to contract with BBCEDF as its agent pursuant to TEX. LOC. GOV'T CODE ANN. § 380.001 to administer the City's program for local economic development in the Park; and WHEREAS, the BBCEDF has contracted with various vendors to provide services related to the development, marketing, and sale of the land in the Park, and has incurred other operational expenses set forth in its annual budget; and WHEREAS, the City and the County have determined that it is in the best interests of their citizens that the BBCEDF be supported in the development of Park because the economic Vol, t2 12 4 py, -1Z.1 ? . j � d impact of new jobs, increased property value, and additional utility revenue will benefit the local economy; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: A. Annual Budget 1. BBCEDF adopts an annual budget showing reasonably anticipated revenue and expenses for each year. The annual budget is subdivided into an operational component and a real property purchase component. 2. Once a budget has been approved by the BBCEDF Board of directors it will be submitted to the Brazos County Commissioner's Court and the Bryan City Council for review and approval. The City and County agree to make an annual lump sum payment sufficient to cover respective portions of the Operational Costs from the annual budget within thirty (30) days following approval of the budget by both governing bodies. Each governmental entity's obligation to make a payment is conditional upon the approval of the budget by the governing body of each governmental entity. B. Funding 3. The City agrees to loan an amount not to exceed $3,000,000.00 and the County agrees to loan an amount not to exceed $3,200,000.00 to satisfy their respective obligations under this Agreement. C. Operational Costs 4. The BBCEDF budget will include the operational costs associated with the maintenance, development, and marketing of the Park. The operational budget may be offset by any grants, gifts, interest income, or other unencumbered revenue received by the BBCEDF. The operational cost budget for the 2015-2016 Fiscal year totals $160,300. 5. The City and the County will each be required to pay fifty percent (50%) of the operational costs of the BBCEDF which are not offset by grants, gifts, interest income, or other unencumbered revenue. The City and the County will tender this payment within thirty (30) days of the execution of this Agreement by all parties. D. Real Property Purchase and Financing Costs 6. The BBCEDF budget will include $1,342,463.83 associated with the payoff of the seller financed purchase of the real property that constitutes Phase I of the Park, also known as the Wheeler tract. The amount is split per the original terms of the Wheeler note, with the City paying forty-one and sixty-seven hundredths percent (41.67%) which is $559,404.68 and County paying fifty-eight and thirty-three hundredths percent (58.33%) which is $783,059.15. In order to avoid a monthly payment due in November of 2015, the City and the County will tender this payment within five (5) business days of execution of this Agreement by all parties, so that the BBCEDF can pay off the Wheeler note in October of 2015. In addition to the foregoing, a monthly payment of $12,924.47 is due on October 15, 2015. The City will pay $5,385.63 and the County will pay $7,538.84 in time for the BBCEDF to make that payment. 7. The budget will also include approximately $4,020,956.66, depending on the final amount of acreage, associated with the purchase of the real property that constitutes Phase II of the Park, also known as the Diebel tract, which is split between the City and the County evenly which would be $2,010,478.33 each. In addition, the City and the County will need to pay fifty percent (50%) each of the costs of closing, which will include costs of surveys, title insurance, filing fees, etc. The City and the County will tender a payment covering the purchase price and closing costs in time for the closing of the purchase of the Diebel tract. The BBCEDF Treasurer will inform the City and the County of the exact amount owed (split evenly between both entities) as well as the date and time of the closing on the Diebel tract. Notice should be provided not less than ten (10) days prior to such closing so that the City and the County can transfer funds for their respective portions to the BBCEDF. E. Reimbursement to City 8. The BBCEDF owes the City $407,416.80 pursuant to the Reimbursement Agreement dated December 19, 2013. The City and the County agree to be responsible for fifty percent (50%) of that debt. The County will pay $203,708.40 to the BBCEDF, and the BBCEDF will in turn pay that same amount to the City. The City will deem its portion paid upon receipt for the payment from the BBCEDF and the obligations of the Reimbursement Agreement shall be satisfied. F. Repayment Terms 9. The amounts funded by the City and the County to the BBCEDF constitute a loan of funds to be repaid by the unencumbered proceeds of future land sales (or other revenue of the BBCEDF). In accordance with the terns of the BBCEDF By-laws, the entities that created the BBCEDF are entitled to an equal share of the revenue of the BBCEDF. The BBCEDF agrees that with the exception of the Axis Pipe and Tube, Inc. Development Agreement (which encumbers future revenue as Development Credits) there shall be no further encumbrance of future revenues without getting the express approval of the governing bodies of the City and the County. G. Miscellaneous 10. Term. This Agreement shall continue in force for one (1) year from the Effective Date, or until the real property constituting the Park has been sold or transferred to another entity, the debts and obligations of the BBCEDF have been paid, and the BBCEDF dissolves pursuant to its governing documents and state law, whichever occurs first. ry-017-2-1 P9 _a_ 7__E 11. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. 12. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in the City of Bryan, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 13. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. 14. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 15. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute,. ordinance or otherwise. 16. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 17. Interpretation. The parties acknowledge that each has had the assistance of counsel in the review of this agreement, no one party is to be deemed the author of the agreement, and ambiguities shall not be resolved against any party. The caption headings of this Agreement are for reference only and shall not affect its interpretation. This Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 18. Delicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. Signatures to follow Executed this W day of W 2015. CITY OF BRYAN � v - Jason P. tienskt, Mayor APPROVED AS TO FORM QK. I amptoe City Attorney ATTEST .(b(Mary Lysine Stratia, City Secretary B COU :4�� Duane Peters, County .Judge APPROVED AS TO r RM Bill Ballard, Asst. County Attorney BRYAN-BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC. D. Mark Conlee, Vice -President Vol. 04 %v pg. ,p4� 3 INTERLOCAL AGREEMENT TACTICAL PARAMEDIC SUPPORT THIS INTERLOCAL AGREEMENT is hereby made and entered into by and between the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan") and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents. WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code ("TGC"), Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Paramedic Services; and WHEREAS, the Parties recognize the dangerous conditions and opportunity for injury presented during a tactical police deployment; and WHEREAS, immediate medical support within the inner perimeter of a tactical operation can be crucial to the survival of injured officers, civilians, or suspects; and WHEREAS, a City of Bryan paramedic has been working with the County in this capacity, and both Parties wish to formalize the agreement; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows; I. SCOPE 1. Bryan Fire Department ("BFD") will assist in providing medical support for the Brazos County Sheriffs Office (`BCSO") tactical team in the form of tactically trained paramedics. BCSO will provide tactical training and safety equipment to assigned paramedics such as ballistic vests and other necessary equipment. BCSO and BFD together will provide co -department training as deemed necessary. 2. The paramedics involved in this program are all full-time employees of BFD and have been selected by BFD Command Staff for service with the BCSO. Only paramedics completing the federal Counter Narcotics Tactical Operations Medical Support program or program equivalent sponsored by the Department of Defense or a "State Approved" Tactical Medic Program course may participate. Participation in this program is voluntary and the paramedic remains an employee of BFD and is compensated by the City of Bryan during actual call -outs and training. 3. BCSO will incorporate the paramedics as full team members, having the Brazos County Dispatch notify the BFD Tactical Medic on call during all Tactical Team tail -outs. BCSO requires that the paramedics continuously train with the Tactical Team and maintain active practice and training in the paramedic profession. 4. The paramedics' role on the team is one solely of medical support; therefore the paramedics will be unarmed, unless Texas Commission on Law Enforcement ("TCOLE") certified and commissioned by a local law enforcement entity, and positioned at the discretion of the Tactical commander as the situation dictates. However, as a rule the unarmed paramedics will be positioned somewhere just outside the inner perimeter of the objective, unless due to the objective size this rule is not practical. FV0 l. _.�_ Pg, �� 5. The City of Bryan tactical paramedic and the BCSO Sheriff's Emergency Response Group (SERG) Commander shall each comply with certain duties and training/certification requirements and agree to certain goals as part of this agreement. Such duties and responsibilities are attached to this agreement as "Appendix A," and may be amended by letter agreement, signed by the City of Bryan Fire Chief or his designee and the Brazos County Sheriff or his designee. Any amendments to Appendix A shall be provided to the City of Bryan City Secretary's office and the office of the County Judge of Brazos County for viewing by the public. 6. In case of a civil emergency or disaster that requires the services of all City of Bryan paramedics for City purposes, the City of Bryan Fire Chief or his designee has the authority to temporarily suspend this agreement until such time as he deems proper. H. TERM AND TERMINATION This Agreement term shall begin November 1, 2015, and terminate at midnight on October 31, 2016. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. S. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein. III. NOTICES 9. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 Attn: Jason P. Bienski, Mayor County: Brazos County 200 S. Texas Ave, Suite 332 Bryan, Texas 77803 Bryan, Texas 77803 Attn: County Judge Duane Peters IV. CIVIL LAWSUITS 10. In accordance with TGC 791.006(a-1), Bryan and County agree to assign responsibility for civil liability that arises from the furnishing of services under this agreement in a different manner than provided for in TGC 791.006(a). In the event that any person performing paramedic services pursuant to this Agreement shall be cited as a Party to any civil lawsuit, state or federal, arising out of the perfornance of those services, he/she shall be entitled to the same benefits that he/she would be entitled to receive if such civil action has arisen out of his duties as a member of Bryan and in the jurisdiction of Bryan. Ea _ 0�•2 � _ Pg._��� 11. Third -party claims against the Parties shall be governed by the Texas Tort Claims Actor other appropriate statutes, ordinances, or laws of the State of Texas. 12. Each Party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall be in Brazos County, Texas. V. INDEMNITY / RELEASE / HOLD HARMLESS 13. As otherwise provide for under paragraph XI (Civil Lawsuits) and to the extent permitted by the laws of the State of Texas, and without waiving governmental immunity or the limitations as to damages under the Texas Tort Claims Act, the Parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the work performed under this Agreement. The Parties hereby agree that each Party will remain solely responsible for the legal defense and any civil liability due to the actions of a Law Enforcement Officer or other personnel regularly employed by the Party. Nothing herein shall be construed as a waiver of any legal defense of any nature to any claim against a Party or an agent, officer or employee of a Party. 14. Bryan assumes full responsibility for the services to be performed hereunder, and hereby releases, relinquishes, and discharges Brazos, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the services, personnel, or equipment provided by Bryan under this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the Brazos, its officers, agents, and employees, or any third party. VI. RESERVATION OF IMMUNITY 15. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from any activity conducted pursuant to this Agreement. VH. MISCELLANEOUS 16. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 17. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 18. This Agreement is the entire agreement between Bryan and the County relating to the provision of Tactical Paramedic Support and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. Vol. _ .Z Pg.--iL.. 19. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 20. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties, with the exception of amendments to Appendix A, as outlined in Article I, Section 5. 21. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the part(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach, 22. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Vol. NOW THEREFORE, this Agreement is made and entered into this day of -2015, by and between Bryan and Brazos County. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan B o Jason P. Bienski, Mayor Duane Peters, County Judge ATTEST: ATTEST: Mary Lynne Stratta n McQueen �— City Secretary County Clerk APPROVED AS TO FORM: �V Janis K. Hampton William allard City Attorney Assistant County Attorney City of Bryan, Texas Brazos County, Texas EVOL EO, a � Pg APPENDIX A Responsibility of the City of Bryan Paramedic. The Tactical Medic serves as a member of the medical team, and whose functions include: A. Assists with the acquisition of and maintaining important medical history and current health status on each team member. He also ensures the transfer of information to appropriate medical personnel to save valuable time during the treatment of injury or illness. B. Assists with the monitoring of medical effects of environmental conditions on individuals and team performance. The tactical medic immediately brings any problems to the team leader's attention, C. Assists with the provision of field medical treatment to team members injured or taken ill while engaged in mission activity. He ensures that team members are afforded the best possible treatment and are transferred in a timely manner to an appropriate level of care. He provides humanitarian medical assistance to non -law enforcement personnel injured or taken ill during an operation until appropriate transfer to the EMS system can be safely effected, D. Assists with the advocacy for officers who are treated by other medical providers. He establishes good working relationships with local Aeromedical systems and with receiving medical institutions and assures appropriate integration of the team's medical program with local health care delivery system. He also assists with keeping commanding officers apprised of his findings and recommends actions which should be taken to insure optimum outcomes for the deputy and the team following injury or illness, E. Assists with the conducting of Medical Threat Assessments to determine the potential impact of medical/health factors on a mission. He serves as a health information resource for team members. The Medical Team is the commander's advisor on matters relating to the health of the team, Assists with the provision of medical care under the direction of the Brazos County Sheriff's Office Medical Director, using specialized medical and extraction protocols and standing orders as established by the medical director, G. Makes himself available several times per month on an on-call basis to respond to Tactical Team call -outs, responding within 20 minutes to all calls. He will also carry a BCSO provided hand- held radio during responses to assure communications with dispatcher. Responsibility of the Tactical Commander. Although the Medical Team serves as an advisor to the unit commander, the health and safety of the team is ultimately a command responsibility which cannot be abrogated. The commander's functions include: A. Providing command level support to the team medical officer for matters relating to health and safety. The commander should demonstrate through intent and action a true interest and concern in the physical and psychological welfare of team members, B. C. Ensuring appropriate safety measures for and by the paramedic are maintained during an operation, such as: vol. _off a _1_ p9•.�7` � - Positioning the unarmed paramedic at the scene of operation in a safe zone, but near the inner perimeter of the operation. 2, Ensuring that the scene is safe and secure, as so far as is practical, prior to calling the unarmed tactical medic into the inner perimeter of an operation. Ensuring that a victim needing medical care get rapid access to advanced life support is paramount. Ultimately this is a command decision but this can be done by two methods. Safely extracting the victim to a warm zone out of immediate danger or taking advanced care to the victim by way of covering or escorting the Tactical Paramedic to the victim D. Ensuring appropriate medical coverage for all team activities. E. Ensuring that the BID Command Staff assures the tactical medic maintains his medical skills at a level higher than the average paramedic through continuing education and clinical work. F. Facilitating implementation of the medical officer's recommendations when determined to be in the best interest of the team. Goals of Tactical Medical Support Activity. Implementation of an effective tactical medical support program is directed at achieving these important goals: A. Provide for a safer environment in which the paramedic performs his duties at the scene of a tactical operation, B. Enhance mission accomplishment, C. Reduce death, injury and illness, and related effects, among officers, paramedics, innocents, and perpetrators, D. Reduce line of duty injury and disability cost to both agencies, E. Reduce lost work time for specially trained, hard -to -replace paramedics and officers, Maintain good team morale when true concern for the members' good health is realized. Training and Qualifications. Certain basic principles guide the development of a sound medical support program. These include: A. Team medical officers will be trained to at least the PARAMEDIC level and will be required to maintained current certification through the Texas Dept. of State Health Services. Team medical officers will also maintain certification in Basic Trauma Life Support (BTLS) or Pre -hospital Trauma Life Support (PHTLS). B. Team medical officers must be familiar with, and able to effectively coordinate with the entire Emergency Medical System, from the area of operation to the receiving medical facility. C. Tactical medics must work with the Tactical 'Team on a regular basis and must be trained to understand mission objectives, tactics used, weapons, pyrotechnics and other devices likely to be employed, and communication policies and procedures. In order to function effectively in Vol. __v� 02 P9 eZeTI support of a tactical team, the medic must have a working knowledge of the team, its tools and tactics. D. All BFD paramedics assigned as tactical medics must maintain their clinical skills by actively participating in patient care activities on a full time basis with BFD. E. Team medical officers shall complete specialized training which teaches the skills necessary to operate in the austere environment and receive federal certification as "Emergency Medical Technician - Tactical". All Tactical Paramedics for BED must meet all BFD fitness and health standards. In addition to these cardiopulmonary standards, a strength testing component has been added to assure the medic can properly extricate a downed police deputy or victim who is wearing heavy protective gear. Brazos County t 062015 Purchasing Departmen Azp 1 , 1'URrLi�OyIVTy 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 �= PHONE (979) 361-4290 FAX (979) 361-4293 September 25, 2015 N -LINE Traffic Maintenance Phone: 979-778-9999 P.O. Box 4750 Email: david.gorman@n-linetraffiacom Bryan, TX 77805 Attn: Chad England Re: Renewal of Contract for Lane Striping and Pavement Nlarkers #2016-133 previously known as 2014-8SR and 2014-05. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option Renewal of Contract for Lane Striping and Pavement Markers #2016-133 previously known as 2014-85R and 2014-05. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start November 19, 2015 and will go until November 20, 2016. A new payment and performance bond in the amount of $177,965.35 is also required for this renewal. The bond is not required until the start date of the renewal. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnortoia@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: Duane Peters, County Judge `'S-0 1-,7-1 DI -I Date Date Vol. 14 vol. a o Pcj- 025 _ BID TABULATION 2016.133R LANE STRIPING I PAVEMENT MARKERS Previously known as 2014 -SSR and 2014-05 November 19, 2015 through November 18, 2016 ='•r it + ,� r -` ';: 1 {` ..,a 'w^ -.-; 4 y, k)?M ;?N x!=,f D.I.J. CONSTRUCTION INC. -LINE TRAFFIC MAINTENANCE ITEM QUANTITY UOM DESCRIPTION Unit Price Total Price Unit Price Total Price 7 20,000 LF 4" Reflectorized Markings(SLD)(Re-stripe) 0.55 11,000.00 065 : 1219411Bt.'.. 2 5,000 LF 4" Reflectorized Markings (BRK)(Re-stripe) 0.55 2,750.00 ! 0 65 3 235;2f1_'j',' t 3 80,000 LF 4" Reflectorized Markings (SLO)(Layout) 0.33 26,400.00 6:36 24000.00 4 12,000 LF 4" Reflectorized Markings(BRK)(Layout) 0.40 4,800.00 030 360000", 5 1000 LF 12" Reflectorized Markings (SLD) (Re -stripe) 3.00 3,000.00 2:95 .'' 1 475 00..-� 6 1000 LF 12" Reflectorized Markings (SLD) (Layout) 1.25 1,250.00 1.00 7 200 LF 18" Reflectorized Markings(SLD)(Re-stripe) 4.00 800.00 350 a 200 LF 18" Reflectorized Markings (SLD)(Layout) 2.25 450.00 1 5o 300.00 9 200 LF 24" Reflectorized Markings (SLD) (Re -stripe) 6.50 1,300.00 6 25 10 200 LF 24" Reflectorized Markings (SLD) (Layout) 2.75 550.00 225 -` 45000 11 10 EA 4" Reflectorized Directional Arrow 110.00 1,100.00 96 06 900 00 f 12 10 EA 8" Reflectorized Directional Arrow 110.00 1,100.00 125000 13 10 EA 4' Reflectorized Combination Arrow 125.00 1,250.00 ! 14500 145000.';"�^:' 14 10 EA 8' Reflectorized Combination Arrow 125.00 1,250.00 24000 7 - 240000, 15 500 So FT Eliminate Existing Pavement Markings 1.50 750.00 l ,- 290 ji,4eo.bo=" 16 20 HR Pressure Cleaning 220.00 4,400.00 60 00 1 20000 -'• : t�275 rr: 17 2,000 EA 4" Type 11 -AA Raised Reflective Pavement Markers 3.75 7,500.00 550000'= 18 500 EA 4" Type 1-A Raised Reflective Pavement Markers 1.00 500.00 f,375.00 19 20 EA Refiectorizod Railroad Crossing 350.00 7,000.00 36500 730000 20 1,000 EA Flexible Chip Seal Markers (yellow&white) 1.50 1,500.00 075 75000 •�["2' 21 2,000 EA Removal of 4" Raised Ran Pvmt Mkrs 1.00 2,000.00 o 80 1 600 00-'7,'.. 80,650.00 , _..i'. ,: 73,626 47<� OPTIONS OFFERED BY VENDOR 22 10 EA 4" Reflectorized Directional Arrow(Performed Thermo) None 17500 175000 22 10 EA 8" Reflectorized Directional Arrow (performed Thermo) None :'r 200 00 2 00000 24 10 EA 4" Reflectorized Combination Arrow (Performed Thermo) None 240.06%-i !2,40000 ' ! 25 10 EA 8" Reflectorized Combination Arrow (Performed Thermo) None 290 00 2 900 00`;;+; 26 20 EA Reflectorized Railroad Crossing (performed Thermo) None 515 UD 70 300 00 RECOMMENDATION: N-LINE,,HHTRAFFIC ////��,,{{nn����q,p ✓ rn day VNPr/�''�015 by pro d Comsio is Court on this of Iding the position of P> l f71w f�l'Ti n u vol. a o Pcj- 025 _ 15 �tE pp Brazos County *L'T Py Purchasing Department r pF O 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77503 PHONE (979) 3614290 FAX (979) 3614293 October 5, 2015 Ergon Asphalt & Emulsions, Inc. Phone: 1-5I2-469-9292 11612 RM 2244, Building 1, Suite 250 Fax: 1-512-46.0391 Austin, TX 78738 Email: David.stroud@ergon.com Myles.mekemie@efgon.com Attn: David Stroud Re: Renewal of Contract forAsphalt, Oils and Emulsions products ff2016435R previously known as 2014- 83: and 2014-12 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option forAsphaly Oils and Emulsions products- 2014-83R previously known as 2014-12. Ali terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start December 1, 2014 through November 30, 2015. Ibis renewal will renew as follows: Cleveland Asphalt: Sections 1, 2, 3, 5,6 and 7 Ergon: Section 4 To accept the renewal option, please till out the information and sign below. Return the signed documents by email to enorton@brazoscountytxgov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-429L. Contact Name: DAVID STROUD Telephone: (512) 469-9292 E -Mail: david.stroud@ergon.com OR Fax:, (512) 469-0391 karen.sellers@ergon.com ERGG�O)N ASPHALT & EMULSIONS, INC di 6, KFC/vi/ OCTOBER 2015 Authorized Signature Date BRA CO 10113115 Duane Peters, County Judge Date L01- "sr Brazos County Purchasing Department t-- .200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 October 5, 2015 Cleveland Asphalt Products, Inc Phone: I-800-334-0177 P.O. Box 1449 Fax: 1-936-628-6602 Shepherd, TX 77371 Email: cemcapco@msn.com Attn: Clayton Moore Re: Renewal of Contractfar Asphah, Oils and Emulsions Products -2016-135R previously known as 2014- 83B and 2014-12 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Asphalt, Oils and Emulsions Products— 2014-83R previously known as 2014-I2. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start December 1, 2014 through November 30, 2015. The renewal of this contract will be as follows: Cleveland Asphalt: Sections 1, 2, 3, 5, 6 and 7 Ergon: Section 4 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I maybe reached at (979) 361-4291. Contact Name: CLEVELAND ASPHAI T PRODUCTS, INC Authorized Signature BRAZ COU Duane Peters, County Judge r b -(7z9 - Date to/i3 � Date 1Vol. _p��(O Pg. o5i— 0 >1 m V N O O M C4 CN O C'm '117 LU '0 -e r 'r m w o 0 C) Z vi N C%! vi cv N c C; 00 CN cc 40 ai Yi L6 C-4 N f7 16 r C7 V) CL q C) -0 C44 0 L CU Q u) - w m m m m m CL B LL'l C4 C-4 ('i 0 C-4 C-; C; CL 'FA uj = a 0 U) LO M CN CL ct CL C= � C� C=� CL E w R IL LO U) C4 2:! v- I *I; Cc L- a) uj CO = .0 a -CL E C:O W Q C-4 Ow rz 0 Mm s UJ E LLI uj E LU t, r LU C!) 2 0 LLJ Lu Ir E Lj� .2 w E .0 = LL' D LU CL A cn LL LU cl� Lu Chch wn < LL en L) L) ICO � 0 >1 m V N DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Chargel w TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Austin,, TX 78758 • 2600 Longhorn Blvd#102 Bryan, TX77802• 724 East Villa Maria#500 Lulkin,.TX;75901 • 2003 Atkinson Drive SwAnlonc(-"216 • 620.11vest SunseCRbad Tempe, AZ 65281 • 1406 West 14th St. 4102 Tyler, TX 75703 •4619 Troup Highway Waco, TX 76712 • 6700 Woodway Drive SERVICE / SUPPLY PLATINUM USER AGREEMENT Terms and Conditions • 512-835-1000 • (Fax) 512-B32-8255 • 979.775=5500 • (Fax).979-775-5900 •'936-698-2800- (0ax)'936.699-4229 •210-822-3506 - (Fax) 210-826;9286 •480=967-3200 •.(F.ex) 480-967-3215 903.509.9900• (Fax) 903-509-9905 • 254.681.7560 • (Fax) 254-754-0555 1. This Agreement shall remain in full force and effect, unless cancelled by either party in writing. This Agreement may be terminated or changed at any time, by either party on thirty (30) days written notice. Customers obligation to pay all charges, which have accrued, shall survive any termination of this Agreement, the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based on the Copy Volume Level and specification provided on the reverse side of this agreement, whereas the excess cost per copy changes are payable in the arrears. 3. Davidson Document Solutions, Inc. shall provide inspections during the contract period at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Davidson Document Solutions, Inc. will provide parts, which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer in accordance with the Davidson Document Solutions, Inc. parts list price. Photoreceptive Drums are included, except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement will be made during normal business hours at the customers address as shown on the reverse side hereof. Should the equipment be moved to a location In a more distant zone, there may be an increase in the annual maintenance charge. Should the equipment be moved out of the Company's authorized serving area, this contract shall be terminated. Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This Agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power failure, or surges, acts of God, fire, water, unauthorized supplies, or other repairs made necessary by service personnel other than those of Davidson Document Solutions, Inc. Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any governmental authority shall be paid by the Customer, in accordance with the law. B. This Agreement covers only the equipment described and does not include any accessories not listed thereon, nor does it include third party add-on devices, such as accounting software and hardware, coin -op box, etc. 9 This Agreement does not cover the Customer's network or problems related to or from the connected network. There are no warranties or guarantees regarding problems associated with the operation of the Customer's software or operating systems. Davidson Document Solutions, Inc. will not be held responsible for any down time at the client's location. 10. This Agreement is not transferable by the Customer, except with the written consent of Davidson Document Solutions, Inc. 11. This Agreement includes all toner and developer used under normal use, unless otherwise noted. However, it does not include excess usage attributable to theft, misuse or sky copies. 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by, or meeting the specifications of Davidson Document Solutions, Inc. are used. 14. The initial term of this Agreement shall commence on the date of equipment installation. This Agreement shall be automatically renewed upon expiration of the initial period, for successful renewal terns at the standard published service rates, In effect at the time of applicable renewal, 15. Davidson Document Solutions, Inc, would setup and configure a total of 5 stations at the time of the initial sale Installation. Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware, hard drive, CPU, operating system software change, etc.). 16. Shipping charges for consumable supplies will be billed separately; plastic waste toner bottles are a permanent part of your machine and are to be reused. The customer will be charged for replacement bottles. Pg• DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Chorgel - TExAs DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Austin, TX 78758 • 2600 Longhorn Blvd #102 Bryan, TX 77802 •724 East Villa Marla 4500 Lufkin, TX 75901. -2 00 3 Atkinson Drive SariAntprllo,TX78216 •620 West Sunset Road Tempe, AZ 85281 • 1406 West 14th. St. W102 Tyler, TX 75763 •4619 Troup Highway Waco, TX 76712 •6700 Woodway Drive • 512-835-10004(Fax)512-832.8255 • 979-775.5500 • (Fax) 979-775-5900 • 936-699-2800 .(Fax) 936-6994229 •210-822-3500(Fax)210-826-9286 •480-967-3200>(Fax)480-967-3215 • 903-509-9900 •(Fax) 903-509-9905 • 254-881-7560 • (Fax) -254-754-0555 CUSTOMER NO. ORpER GATE INSTALL DATE TECH REP SALES REP 1 01112 0 1 5 Kinze Storm • TO (if other than Bill To): NAME NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave #352 CITY STATE ZIP C" STATE ZIP Bryan Tx 77803 CONTACT CONTACT Leslie Williams PHONE FAX PHONE FAX 979-361-4294 979-361-4293 ADDITIONAL COMMENTS CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ❑ New Customer ❑ CGEM/NJPA Account ❑ Rental ❑ Trial Dates: EXSISaO Customer ❑ State Contract 0 Sale Lease ❑ Other: P.O. NO. • •• NO. DESCRIPTION SERIAL NO. METER UNIT PRICE TOTAL 1 Monthly Maintenance 1$1,290.50 Effective October 1, 2015 - September 30, 2016 Includes 235,200 Black & White copies per month. Black & White overages billed at .0055 each monthly. Includes toners, drums, fusers, developers, staples, parts, labor and traveltime. ""Excludes Paper" Maintenance Contract Pricing to be guaranteed for 5 continuous years from Date of Purchase through Texas Document Solutions. All Copies to be divided between the fallowing equipment: MX-M464N CSCD #1 MX-M364N CSCD #2 MX-M623N County Clerk MX-M314N Constable Precinct#3 MX-M623N District Clerk #1 MX-M464N District Clerk #2 MX-M464N Juvenile MX-M314N 272nd District Court C30OW Associate Judge #1 FS-314ON County Clerk MX-M314N Jury Services MX-M363N County Judges Office MX-M314N Purchasing Department Page 1 (Continuation on Page 2) VOL _��_- Fig, 'Q' DAVIDSON DOCUMENT SOLUTIONS, INC. You're In Charge). TEXAS DOCUMENT SOLUTIONS ARIZONA DOCUMENT SOLUTIONS NEW MEXICO DOCUMENT SOLUTIONS Austin, TX 76756 •260D Longhorn Blvd #102 •512-035"1000-(Fox)512-632.B255 Bryan; TX 77802 •724 EIntVlla Mara 900 •0 775,-5500•.(Pax) 979.7755900 Lu1dn,7R75901 •2003AIldrsw DIRE •9364199.2600"•(Fax)9M%4229 Sakbni T%7B21d + 620 West Sunsel Road 210 -8223500 -.(Fax) 210.826-9286 Tempe, AZ 85291 •1406 West 14NSL#102 •480.967.3200 -(Fax) 480.9673215 Tyler, TX15703 •4610 Troup Hiyhxay •903.509.9900: -(Fax) 9D7.5%.9905 Waco, TX 76712 •67CO Woodway Ddve •254.981 -7500 -(Fax) 254-7540555 CUSTOMER NO., • ORDER DATE INSTALLDATE 101112014 TECH REP TO (if other than Bill I SALES REP Kinze Storm To): NAME Brazos County Purchasing Department NAME ADDRESS 200 South Texas Ave #352 ADDRESS CITY Bryan STATE ZIP Tx 77803 CITY STATE ZIP CONTACT Leslie Williams CONTACT PHONE FAA PHONE FAX ADDITIONAL COMMENTS ❑ New Customer Exsistm Customer -ROD. NO. CUSTOMER STATUS: ❑ CGEM/N]PA Account ❑ Rental State Contract Sale Lease DESCRIPTION TYPE ACTION REQUEST: ❑ Trial Dates: Other: SERIAL NO. METER SHIP VIA: P.O. NO. UNIT PRICE TOTAL MX-M564N District Attorney MX-M314N Associate Judge # 2 MX-M314N Facilities Services MX-M314N Constable Precinct 4 MX-M564N 85th District Court Extra Area FS -3140 Law Library Page 2 SALES MANAGER DATE Subtotal SERVICE MANAGE � - DATE Sales Tax N/A CUSTOMER ACCEPT CE DAT i TOTAL $1,290.50 Vol. _a? 02 e __ P9 _ols(-- Meetings DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: Purchasing SOURCE OF FUNDS: NOTES/EXCEPTIONS: Page 1 of I l BRAZOS COUNTY BRYAN,TEXAS g Print 10/13/2015 Purchasing requests Commissioners Court to declare surplus property as "salvage" in accordance with Local Government Code 263.152 and authorize destruction or other disposal for items receiving no bids from auction ending September 17, 2015. Commissioners Court D Jodi Pistler 10/05/2015 No Date 7uaneeters County Judge ACTION REQUESTED OR Purchasing requests Commissioners Court to declare surplus ALTERNATIVES: property as "salvage" in accordance with Local Government Cade 263.152 and authorize destruction or other disposal for items receiving no bids from auction ending September 17, 2015. ATTACHMENTS: Name: D DESTRUCTION LIST - REQUEST.dccx Description: Destruction List Request 9/17/15 Type: Backup Material Vol, Pg. E http://bcagenda.co.brazos.tx.us/Coversheet. aspx?ItemID=10779&MeetingID=840 10/9/2015 DESTRUCTION LIST OCTOBER 2015 ASSET # DESCRIPTION AUCTION # N/A Analog Phones 457 N/A Batteries, UPS, Battery Pack 453 N/A Large Bulletin Board 399 N/A Desks & book case 394 N/A Desk/Table/Filing Cabinet 422 A001000964 Fax Machine 418 N/A Fax Machine 419 N/A Filing Cabinets 425 N/A Filing Cabinets/Misc Office Supplies 431 N/A Filing Cabinets/Misc Office Supplies 428 2800010211 Filing Cabinets 424 3100010257 Long Folding Table/Shelf 445 N/A Keyboards 456 A001000080 Office Chairs/Metal Storage Drawers 401 3100010519/3100010033/AO01000386 Office Chairs/Metal Storage Drawers 402 N/A Office Chairs/Metal Storage Drawers 404 N/A Refigerator/Sofa/Pictures/Microwave 413 3650010100/ N/A Shelves/Chairs 421 A001002037 Shredder 415 N/A Shredder 416 A001000718 Shredder 417 N/A Box of tiles/2 Shelf Stand 393 N/A Surveillance DVR 458 N/A Table/Chairs 411 N/A Typewriters/Metal Boxes/Time Card Holders 405 N/A 2 Long Wooden Tables 412 N/A Police Cages 355 Vol. a� _ Pg_.�J'�� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: October 13, 2015 ITEM: Consider and take action on acceptance of Meadowcreek Subdivision Phase 5 into the Brazos County road maintenance system: the roads (Sagewood Drive, Stewart Drive, Saeewood Court and Carriker Court) are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: • Brazos County shall maintain the roadway only, nothing behind curb. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way and easements; and, maintenance of all drainage easements, facilities and retention ponds. • Phase 5 final plat was approved by Commissioners Court 5/7/2013; County approved construction 8/20/2013. SUBMITTED BY: 'Pe - R. Alan Munger, RE County Engineer CC2015 This Re st is App)i ed Date:�i0w j , ,711! Duane Peters, County Judge APPROVED BY: J_Qodlmiss`io r L oyd Wassermann County Pr/tinct 1 _by Commissioners' Court Vol. _0202 S� Pg. oZ✓ Is BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: October 13, 2015 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Everett C. Martin, Jr. for 0.36 acres of land to be used for improvements to Merka Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: ( :).,,A a -a, Darrell W. I{olwes Right of Way Agent This request is APPROVED BY: ammy C alena Commi loner Precinct 2 DATE: Vol. v�a _.. Pg. CU r ourt Iq NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN" REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): EVERETT C. MARTIN, JR. Grantor's Mailing Address: 4400 Austins Estates Dr. Bryan, Texas 77808-7303 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Merka Road KNOW ALL MEN BY THESE PRESENTS: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.36 of one acre of land situated in the THOMAS M. SPLANE SURVEY, Abstract No. 53, Brazos County, Texas and being a part of that certain called 235 acre tract as described in deed from John C. Rabom, et al to Everett C. Martin, Jr. of record in Volume 5458, Page 50, of the Official Records of Brazos County, Texas, said 0.36 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A and B" attached hereto and made a part hereof for all purposes. Vol.v� Pg.fu= I Reservations from and Exceptions to Conveyance and Warranty: ` There is hereby EXCEPTED and RESERVED from this conveyance, and retained in faNmr-of the Grantor; theif heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting 'other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. Wben the context requires, singular nouns and pronouns include the plural. Executed this 6 fk day of OG+r he - 2015 Everett C. Martin, Jr. Vol.ao2 �__. Pg._lo� l i Acknowledgment STATE OF -TEXAS - COUNTY OF BRAZOS This instrument was acknowledged before me on /D — 6 -,201 S by Everett C. Martin, Jr. 5 DARRELL W KOlpES My CAMmissl6n Expires Notary Public, of(T.exJas. (h July 23, 2018 Vol. v2 Pg,,,� �v,3 FIELD -NOTES BRAZOS COUNTY MERKA ROAD R.O.W. IMPROVEMENTS TRACT NO. 2 0.36 OF ONE ACRE OUT OF THE EVERETT MARTIN, JR. CALLED 235.00 ACRE TRACT VOLUME 5458, PAGE 50 THOMAS M. SPLANE SURVEY, A-53 BRAZOS COUNTY, TEXAS AUGUST 21, 2012 REVISED: JULY 22, 2015 All that certain lot, tract or parcel of land being 0.36 of one acre situated in the THOMAS M. SPLANE SURVEY, Abstract No. 53, Brazos County, Texas, and being a part of that certain Called 235.00 acre tract as described in deed from John C. Raborn et al to Everett C. Martin Jr. of record in Volume 5458, Page 50, Official Records of Brazos County, Texas, said 0 36 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 30" post oak found for the most northerly corner, said corner being the Occupied most northerly corner of said Called 235.00 acre tract, said corner also being the Occupied most easterly corner of the Juan F. Tzunun Called 8.865 acre tract as described in Volume 11312, Page 1, said point also being located in the Occupied southwest line of Merka Road, THENCE S 480 56' 22" E, along the Occupied northeast line of said Called 235 acre tract and the Occupied southwest line of Merka Road a distance of 1000.17 feet to a Fence Corner Post found for the most easterly corner, said corner being the Occupied most easterly corner of said Called 235.00 acre tract, said point also being the Occupied most northerly corner of the Theresa Holland Called 287.18 acre tract as described in Volume 11809, Page 201; THENCE S 400 59' 48" W along a southeasterly line of said Called 287.18 acre tract a distance of 13.06 feet to a''/i' Iron Rod with Cap set for the most southerly corner, a 1/2" Iron Rod found for an Occupied angle point of said Called 235 acre tract bears S 40 ° 59 '48 " W a distance of 2987.65 feet; THENCE N 490 15' 27" W along the Proposed southwest right-of-way line of Merka Road a distance of 1000.80 feet to a %" Iron Rod with Cap set in a northwesterly line of said Called 235.00 acre tract for the most westerly corner, said corner being in the Calculated northwest line of said Called 235 acre tract, THENCE N 420 53' 25" E along the northwest line of said Called 235 acre tract and the Calculated southeast line of said Called 8.865 acre tract a distance of 18.63 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0 36 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of July, 2014 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation isbas d on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane C ral Zone as derived by GPS observations. For other information see accompanying g F - Fo O'' I vol,_a Pg,_o2 cnn9,A L D N V W W LI O DO QS��7���� ��p Fav ��� 5iZZW�Q ?ay0 0�FF-�Q a qqy it 7� mom' ca W' O NNmoE Ammo mo a had`^n's 8�PPC 'fi��e m m a V Za O>§ (Ai oE� z zo�Ee 1011 Vol. a' � RIGHT-OF-WAY ACQUISI-TION AGREEMENT' - Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), accept payment of S4,140.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.36 acre of property located on above mentioned project. Everett C. Martin, Jr. ZC)&//�� Date: �o lvol. a aP. P( --O? ���! FENCE BUILDING OPTION .__AND/OR. RESPONSIBILITY ACCEPTANCE Road: Merka Project: R2-173 W.O. No.: 33210 Precinct: 2 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY OWNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $2,200.00 for approximately 1,000° of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL responsibility in regards to fencing. ,—1"' Everett C. Martin, Jr. Date: vol. -P9 -- - __ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: October 13, 2015 ITEM: Consider and take action on acceptance of Aggicland Business Park Phase 1 into the Brazos County road maintenance system; the road (Imperial Loop, portion of) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 4. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: • Brazos County will assume no maintenance responsibility for drainage ways or easements other than those running parallel to, or across the road/street rights of way. Private drainage ways and easements shall be maintained by the individual property owners or the Home Owners Association (HOA). • Brazos County shall maintain the roadway, shoulders as needed and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way and easements. • County approved Phase 1 construction 5/7/2008. SUBMITTED BY: R. Alan Munger, P. . County Engineer CC2015 A DpPONIP) RV - E. Duane Peters, County Judge by Commissioners' Court 20 AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 STATE OF TEXAS § COUNTY OF BRAZOS § �1 j� I �n '� BEFORE ME, the undersigned authority, on 1 U f lci� h If V personally appeared jVl L( who being duly swom, deposes and says: 1. That he/she ha a su stantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. L—I0 Q,of� the Court Agenda dated I O 7 described as .iI(rf�/� �j;P IUYI d dJt l �) Css I rM K �► �((j{/ I I�� SJ�� Z�S �. YI%CGI WWdM bald have a special economic effect on that business entity or a special economic effect on the value of the real property, that is distinguishable from the effect on the public. 2. / That the substantial interest is (check the following as is appropriate): (Vj a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or O b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or O c. An equitable or legal ownership in real property with a fair market value of S2,500 or more; or O d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or () e. other 3. That I will abstain from participation in thema er refe d to in SWORN TO AND SUBSCRIBED BEFORE ME this the Wdt of If )rte 2lU =°''e ISFTIIANY GCKtiTROM Notary Public in and for The State of Texas j•`��/,' NITO Public ., srn'rr; or'nIn I ,.. _ "". My C'nunu. 4:xp. nh/IY)/?n 19 Filed: FILED FOR RECORD DATE /O /S /S County Clerk AT // Zr O'CLOCK - KAREN, MCQUEEN Vol. a 2 b pg,- 9 BRAZOSCOUNTY.TEYAS BUDGETAMENDDIENT(S) FOR THE 2014-2015 BUDGET YEAR NO. 14/15 53.1 — 52.3 On this the 13th day of October 2015 ata regular meeting of the Commissioner; Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Nassermatm, Commissioner, Precinct C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13th day of October 2015 the Courtheard and approved a budget amendment for the 2014-2015 budget year for Brazos County, Texas; and \\TIEREAS, expenditure is necessary due to the necessay to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 9 September 2014, the following atnendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the lith day of October 2015. THE CO-N-hN'IISSIONERS COURT OF BJ2AZOS COUNTY. TEXAS. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. �y_, Pcg._ 7 ;I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 • 53.1 10/13/2015 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingencv 4,320.00 0100 91110000 DR Transfer to Capital Im rovement Fund 4.320.00 4500 49025000 CR Transfer froth General Fund 4,320.00 4500 63210020 80100000 DR Buildinas 4,320.00 I I I I I I I I I General Fund Contin �encc and Election Admin. Renovation Reallocation of funds to cover add iti onat costs for the renovation of the Election Administration huitdine. I I I I I I I I Vol. _0202 �� po' Z7/ DIV BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 • 53.2 10/13/2015 53310000 funds to cover retiree health insurance for the remainder of FY 15. Vol. _�_a pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 53.3 10/13/2015 'FUND DIV ACCT IPROD DR/CR ACCOUNT NAME Increase Decrease OI00 24401100 53300000 CR I Employee Health Insurance 1.500.00 0100 24401100 67286000 CR I Equipment - Other 200.00 01001 24401100 67342000 CR Furniture 545.00 0100 24401100 71500000 CR Rental - Equipment 250.00 0100 24401100 61801000 CI( Travel 62.00 0100 24401100 51940000 DR Compensated Leave Pay 2,560.00 I I I I I I I I I I I I I I I I I I !Justice of the Peace. Pct. m4 - Judge Garcia I Reallocutions of hands to cover payroll for the remainder of FY 15 duc to Compensated pay. I I I Vol. BRAZOS COUNTY, TEXAS BUDGET AtMENDbIENT(S) FOR -11113 3015-2016 BUDGET YEAR NO. 15/16 3.1-3.13 On this the 13th clay of October 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 Catateaa, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 P. Karen McQueen, County Clerk The following proceedings were held: THA -r WHEREAS, on 13th clay of Oetobcr 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 and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2015, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13th day of October 2015. TRE C01VIbDSS10NERS COURTOF WNZOS COUNTY, TEXAS. Duane Peters, County.ludge Original County Clerk's Office and Attached to the original budget FUN 72590000 nsurance Fund BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 3.1 10/13/2015 CR funds for consultine services for FY 3016 VOL 67 _, Pg��T✓�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15!16 • 3.2 il4fKlAl" FUND DIV I ACCT PROJ I DR/CRJ ACCOUNT NAME Increase Decrease 0100 36500100 1 67281000 CR Equipment - Electronic 800.00 0100 36500100 71500000 ( DR Rental - Equipment 800.00 I I I i I I I I I I I I I I I I I I I I I I I Brnzos Center Reallocations of funds to cover for the short term rental a_reement of rental copier until the new county owned co ie; arrives. I I I I I I Vo�. Pg_ a7G� ilp CR BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 3.3 renewal fee. Eli- i:�— f'9. o WI 100 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 3.4 NAME VOL _o(_o� _ Pg, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 3.5 1 011 312 01 5 FUNDI DIV AC T1 PROJ DPdCRI ACCOUNT NAME Increase I Decrease 2500 41091200 CR (Forfeiture- Constable Pct. 2 1.319.63 2500 =0210000 60320000 DR FirearmsReadiness 1,319.63 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Forfeiture- Constable Pet. 02 -Lam o I To recognize revenue in FY 2016 for Constable Pct, 72. submitted for approyal. Forfeiture revenue received S128I2015, after the FY 2016 proposed budLet had been I i I I I I I I pg ._a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 • 3.6 1 011 3/2 0 1 5 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12000100 65320000 CK E ui ment - Dlaintenance 100.09 0100 12000100 71117000 DR Internet Contracts 100.00 I I I I I I I I I i Count/ Treasurer Reallocation of funds to cover the charge set by the State to submit Child Support avments electronically. I I I I Vol. _ v�o�_. Py..�-° BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 3.7 10/13/2015 FUNDI DIV I ACCT I PROD I DR/CRI ACCOUNT NAME Increase Decrease 1 0100 111210020 6 i20 ,000 CR :btinor Cem uter Hardware 4,600.00 0100 l 1210020 i 1020000 I DR Compu�er Contract I 4,600.001 I 7 i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I i I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Elections Administrator I Reallocations of fund', to cover for annua! software license and su000rt renewal fee. Cost increased by 4% from last year. I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I Vol. Reallocations of funds to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 3.8 10/13/2015 ncrease SO Vol. pg -a' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 3.9 10/13/2015 FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 1200 56006000 65630000 1 Cl, R&,B - Pro ect; 57,100.00 1200 56006000 50715000 I DR Roads -Ca ital 57.100.00 I I I I I I I I I I I I I I I l I 4 I I I I I I I I I I I I I I I i I I I I State Lateral Road Fund Reallocations of funds to pav for portion of design work for FII 2154 (Greens Prairie Trail Project). I ( I I I I I I I I I I VOL ._4 p9._ �'� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 - 3.10 10/13/2015 FUNDI DIV I ACCT PROJ IDRICRI ACCOUNT NAME Increase I Decrease 0100 46023000 CR Donations -Other 8,890.00 Ot00 460?4000 CR (Donations -Capital Asset 361,000.00 0100 11001000 67010000 DR Donated Minor Pro eny 8,890.00 0100 11001000 80010000 DR Donated Propmy Capital 361.000.001 I I I I � I I I I I I I I I I I I I I I I Boonville Centetery Recognize donations to the Boonville Cemetery that was approved on October 6, 2015 for the following items: 12 History Panels- 58,8901 1556 Red Cedar Dogtrot Log Cabin - $245.500. Six flans Plaza - $44,000, Pavilion - $34,500, and a Cannon - $34,000. � I I I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16-3.11 W1119ICd46". FUND DIV I ACCT PROJ DRJCRJ ACCOUNT NAME Increase Decrease 1100 1 11002900 1 30101000 CR Building Improvements 30,630.00 1100 1 11002900 1 67256000 DR Equipment - Other 30,680.00 I I I I I I I I I I I I I I I I I I I I I I I I I I I f f I I I I I I I Expo Com lex Im rocement Reallocation of timds to .urchnse steel racks for traos oning and storing livestock pancls. I I I I I I I I Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15/16 • 3.12 10/13/2015 FUND DIV I ACCT PROJ DR/CRI ACCOUNT NAME I Increase Decrease 3000 I 460-17400 I CR DOG -Justice Asist. - Bvme 7.933.00 3000 235600 67281000 DR Ec ui ment - Electronic 7,935.00 I I I I I I I I I I I I I 1 I I I I I I I I I I I I .IAC - 2013 Grant Set up 2013 JAG budget in the F)'2016 Budeet. I I I I I I I I I I I I I I I Vol, 61130000 General Fund BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 15116 - 3.13 1011312015 ACCOUNT ,, Meetings DEPARTMENT: Purchasing DATE OF COURT MEETING: BRAZOS COUNTY 10113/2015 BRYAN,TEXAS g print Page 1 of 2 r/ nOFN ITEM: Approval of change order to contract with Mitchell & Morgan for design work associated with Greens Prairie Trail to add $43,980. This change order makes the total value of this contract $338,912.50. Detailed documentation is attached. TO: Commissioners Court FROM: Wm. Charles Wendt QVED DATE: 10/08/2015 FISCAL IMPACT: Yes Duane Peters Date BUDGETED: Yes County Judge DOLLAR AMOUNT: $43,980.00 BUDGET DETAIL: Project to be divided as follows: -Line1-$137,630 56001000-80715000 -Line2-$57,100 -56001000-80715000 -Line 3- $79,550 -56001000-80715000 -Line 4- $64,632.50-56001000-80715000 SOURCE OF FUNDS: NOTES/EXCEPTIONS: ACTION REQUESTED OR Approval of change order to contract with Mitchell & Morgan for ALTERNATIVES: design work associated with Greens Prairie Trail to add $43,980. This change order makes the total value of this contract $338,912.50. Detailed documentation is attached. Vol, p http:/Ibcagenda.co.brazos.tx.us/Covershect.aspx?ItemID=10804&MeetingID=840 10/9/2015 st ��e o, ��P ^� � Y oe 0�/e BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT R. Alan Munger, PE, CFM, County Engineer Memorandum Date: October2,2015 To: Judge Duane Peters; Ms. Katie Conner; Ms. Irene Jett; Mr. W. Charles Wendt From: R. Alan Munger, P.E. RE: Greens Prairie Trail Roadway Design Contract This department is requesting a modification to the original contract with Mitchell and Morgan (dated November 20,2014 — separately attached). We are further requesting division of the original contract P.O. Into 3 separate P.O.'s to further assist with department tracking and internal accounting. It is requested that the original contract amount of 5294,932.50 be amended to a total contract amount of $338,912.50 (increase of 543,980 or 14.91%). The original contract was for developing one set or contract .documents for Brazos County to construct new roadway on Greens Prairie Trail and to reconstruct roadway on FM 2154 and further add new traffic signals at the new intersection. Largely due to the annexation of the proposed intersection by the City of College Station after Brazos County execution of contract with Mitchell and Morgan and execution of MOU with Union Pacific, it was decided after much discussion between TxDOT, City of College Station and Brazos County to prepare two sets of contract documents (one set of project documents for County funded roadwork on Greens Prairie Trail and an additional set of contract documents prepared for a TxDOT project for reconstruction of FM 2154 and for reconstruction of the east segment of Greens Prairie Trail). A funding agreement between TxDOT, City of College Station and Brazos County is being prepared by TxDOT and will be submitted to Commissioners Court separately. By splitting the contract, we have substantially reduced the County's exposure to construction funding (approximately $700,000 reduction) for proposed Improvements along FM 2154. The proposed $338,912.50 would be split as follows: P.O. "A" - S137,630 for development of plans and bid documents for Greens Prairie Trail (proposals received on 9/30/2015 by Brazos County Purchasing). P.O. "B" - $136,650 for development of plans, specification and estimate for work along FM 2154 and for additional work on Greens Prairie Trail (eastern portion or FM 2154 intersection)— bids scheduled to he received by T%DOT in March, 2016. In accordance with Transportation Code 251.014 and 256.002. P.O. "C" - $64,632.50 for development of preliminary engineering, boundary survey to be utilized for acquisition of ROW along Straub, Stousland and Wade Roads to provide for increased traffic on roadways effected by UPRR proposed roadway closures. Thanks, Alan 2617 Highway 21 West Bryan, Texas 77803 Office (979)822-2127 /Fax (979)775-0453 voi. �2 02�q. MITCHELL r , MORGAN R. Alan Munger P.E. CFM 20ct15 Brazos County Engineer Brazos County Road and Bridge Department 2617 Highway 21 West Bryan, Texas 77803 RE: Three Phases of Engineering Design Services Proposal for the Extension of Greens Prairie Trail From East of FM 2154 to I&GN Road, Geometric Improvements of the FM 2154 Intersection at Greens Prairie Trail and Geometric Improvements of I&GN Road at Straub Road. Dear Alan, Thank you for the opportunity to propose professional services for the extension of Greens Prairie Trail along with geometric improvements to the FM2154 / I&GN Road and the I&GN Road / Straub Road intersections. This proposal is a revision to the original proposal dated 20Nov14 for a total of $294,932.50. This proposal has been modified to include several expansions of the scope, the inclusion of the City of College Station in review and standards, and the development of Plans, Specifications, and Estimates (PSE) for letting and construction management by the Texas Department of Transportation for a third phase of construction. We understand that it is Brazos County's intent that Mitchell & Morgan, LLP be involved for the full duration of the preliminary design development, preparation of the construction and bidding documents, and construction administration phases of the project Basic services to include the following: Preliminary Engineering a. Collect supplemental information utilizing existing data available related to the existing parcels of land on which the Project is proposed to be constructed. b. Attend a preliminary workshop with the County staff (TxDOT staff and UPRR staff) to discuss the project including introduction of the project team, discussion of schedule, additional data requirements and alternatives to be considered. o. Geotechnical Investigation of the proposed project site to develop a Pavement Design. d. Boundary Survey of the proposed project site to determine ROW takings along Greens Prairie Trail (east of FM 2154 and west of FM 2154), ROW takings at I&GN Road/Straub Road Intersection, vacating ROW at Straub Road (between I&GN intersection and existing UPRR ROW). e. Topographic survey along Greens Prairie Trail Road, FM 2154, Straub Road and I&GN Road for development of construction plans. f. Conduct evaluations of the site and develop the Preliminary Engineering Report describing the existing conditions, evaluation conducted and design requirements for the project. 511 UNNERSITY DRIVE EAST, SUITE 204 -COLLEGE STATION, TX 77940 1 979 2606963 E 979 260 3564 OR,dnld ] CM 910111ERNG 4YORMIKS NYOPOtOGY U1015 STREETS SOL MNS NIDDM'+OHS inleCmiNhellandmormmt.m • a v. w.mit:•hella.dmolgan rom Vol_as -i'9 02 % Design a. Final Plans to include the following: I. General — existing and proposed typical sections, quantity summaries, estimate, general notes and specifications. Ii. Traffic Control Plans and Details iii. Roadway — Horizontal control data sheets, roadway plan and profile, intersection layouts, driveway details, roadway details, standard details. iv. Drainage — Drainage area maps, drainage computations, culvert layouts, drainage details, standard details. v. Traffic —pavement marking layouts, signing and delineation layouts, RR Crossing Gates, Railroad Crossing Signals, standard details (does not include intersection signalization plans). vi. Erosion Control — Erosion control plan, standard details. vii. Utility Relocation Plan — utility layouts, standard details. b. Agency Coordination — Submit the plans to the appropriate entities (TxDOT, UPRR, Brazos County), and make the necessary plan check revisions, as may be dictated by the jurisdictional agencies. Contract a. Assist the county (and TxDOT) in preparing the bid package (including plans, specifications, and estimate) b. Respond to any requests for information Construction a. Provide engineering support services during construction to include review of shop drawings (if required) and resolution of contractor's request for information (RFI's) on civil issues (if required). b. Provide site visits (as requested by the county) for review of contractor's general conformance with the construction documents for installation of civil works. (Not to be considered construction observation.) Phasing a. Phase 1A of the project will be bid by Brazos County in September 2015. Phase 1A shall include the construction of Greens Prairie Trail from I&GN road to FM 2154 including the Crossing of the UPRR and a temporary traffic signal at FM 2154. b. Phase 1-8 shall include the widening of FM 2154 and existing Greens Prairie Trail, and the permanent signal at the FM 2154 / Greens Prairie Trail. Phase 1-8 is scheduled for bidding by TOOT in March 2016 with plans completed by December 2015. c. Phase Two of the project shall consist of the re -alignment of I&GN road at Straub Road / Dymple Ln and the re -alignment of Straub Rd at the Straub Road / Stousland Rd intersection. Phase Two of the project shall not being design until March 2015 and will follow a more relaxed time line as shown below. Work will be completed by Brazos County Forces. Page 2 Vol.. Pg 71 J Schedule: (Proposed) (Original) (Proposed) (Proposed) Notice to Prcceed 2 -Dec -14 2 -Dec -14 2 -Dec -14 15 -Feb -15 Preliminary 9 -Dec -14 9 -Dec -14 9 -Dec -14 26 -Oct -15 Boundary 6 -Jan -15 6 -Jan -15 6 -Jan -15 14-Apl-15 Topo 6 -Jan -15 6 -Jan -15 6 -Jan -15 26 -Oct -15 Geotechnical 6 -Jan -15 6 -Jan -15 6 -Jan -15 6 -Jan -15 50% Construction Drawings 15 -Mar -15 20 -Jan -15 15 -Mar -15 NIA 90% Construction Drawings 28 -May -15 3 -Feb -15 15 -Sep -15 NIA Bid Set Construction Drawings 26 -Aug -15 17•Feb-15 16 -Feb -16 WA Fee: Phase 1A Phase 1B Phase Two FM GPT -West 2154+GPT I&GN East Project Management $6,000.00 $6,000.00 $3,000.00 Conceptual Design Documents $12,000.00 $4,000.00 Geotech $9,570.00 Survey' $22,000.00 $0.00 $42,432.50 Traffic Impact Analysis $6,160.00 50% design Documents $32,000.00 $16,000.00 $6,000.00 90% Design Documents $10,000.00 $25,000.00 Bid Documents $8,000.00 $25,000.00 Traffic Signal Design $32,450.00 Temporary Traffic Signal Design $16,280.00 Environmental Clearance Documents $6,600.00 Wade Road ROW, M&B for Taking, Topo (<1Ac) $7,700.00 Preemption Design (Blaschke -TEA) $1,620.00 $1,620.00 Traffic Counts $1,980.00 Cost Estimate & Bid Proposal Form w1 Bid Altemates $5,000.00 $7,000.00 $500.00 Construction Phase Service (including As Builts) $9,000.00 $15,000.00 $1,000.00 Total Design Fee by Phase $137,630.00 $136,650.00 $64,632.50 Project Total $338,912.50 `Survey is unusually high because of the potential number of tracts. We propose to control this cost by requiring a separate notice to proceed for the various tracts involved. Page 3 vol. _� � � -- Pg -..a ] �_--- 'v If there are other services that you desire we will provide those services on an hourly basis at the following hourly rates: Hourly Rates: Sr. Professional Engineer— Development Coordinator $15ftr Sr. Professional Design Engineer $110/hr Sr. EIT $95/hr Jr. EIT $751hr Drafting $65/hr Administrative $55/hr We do require a signed contract to begin work and we have attached one for your signature. Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying, shipping and mailing, etc. will be billed at cost or invoice plus ten percent and reimbursed during the monthly billing cycle. Please let us know if you have any questions or comments. We look forward to working with you on this project. Sincerely, cc: file Attachments: Strong Surveying Proposal, CME Testing Proposal, HDR Engineering Proposal (2x) Page 4 Fvol. lo--Pg-o2%3 PERSONNEL d� J CHANGE OF STATUS REQUESTS Commissioner Court Date: October 13, 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 Brazos Center Gabriel Seidlitz Promotion County Attorney Ashley Carroll New Hire District Attorney LaNette Jones LaNette Jones Transfer to Another Dept. Transfer from Another Dept. District Clerk Ranae Powers Termination Juvenile Services Delbert Price Retirement Juvenile Services — Detention Heriberto Benavidez Resignation Juvenile Services — TJPC State Aid Debra Lee Transfer w/in Dept. Sheriff's Office — Medical Robin Holt New Hire Road & Bridge Brad Bruner Gregg Wiechkoske New Hire Resignation Approved in Commissioners' Court: October 13, 2015 Q]LCounty Judge's or Commissioner's Signature: (This Copy to be attached to minutes)