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Home My WebLink About1997-09-09-0900AM-Regulari i i I =� --_ � -- ,.v --'_•- a -... .. _ .. _�- _.�...' BRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS COURT FILED 91 SFP -1, PH I: 30 -li R.F. 6.2A1 r OVSi •,1y. THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 9,1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Judge Jones. 2. Pledge of Allegiance - Judge Jones. 3. Citizens input and /or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county- related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter, on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 16: 4. Budget Amendment 96/97 -40. 5. Personnel Change of Status. 6. Payment of Claims. 7. Approval of County Payroll. 8. Request by Sheriffs Office for out -of -state travel for Investigator Kenny Elliott to attend an Investigators Conference in Boston, Massachusetts, September 21 through September 25, 1997. 9. Contract for Services from Brazos Beautiful, Inc. 10. Agreement between Brazos County and the Bryan/College Station Metropolitan Planning Organization. 11. Acceptance of resignation by Gary Norton from the Brazos County Health Facilities Corp. Board and the Industrial Development Corp. Board and the appointment of Tony Jones to same. k, 12. Contract for Armogt Car Security Services. ].w_�...._..- .........��.w. ��.._�.�— u�........_�ylc_' ., u.... � .r,......_.,.....,__r.......... -- u.:+ L: ��L... u... �..._......: 4... e+e�....L..,iaY_.�1.'.3J.'�..r. ._. __ _ _ I �—\ l r� } r `• X Commissioners Court Meeting Agenda i September 9, 1997 Page Two .'�. .. w. ... � 1'. tl./.w.i+�.`.'M y. .q ., \s •l/..w MPi Ap bA \w i....-d`i:, .. ..� _ ••�.` 13. Requisitions from Capital Outlay for the following: a. Moveable panels for County Clerk b. Software license for District Clerk Collections c. Hub for District Clerk Collections d. Cab Tractor for Road & Bridge e. Printer Sharing Device for Justice of the Peace, Pct. 7/1 -2. 14. Request from GTE to place buried cable installations in the rights -of -way of Alexander Road, Broach Road and Castenson Road. Site is located in Precinct 2. 15. The Final Plat of Nantucket Phase 6, being 3.306 acres, Sterret D. Smith League, A -210, College Station. Site is located in Precinct 1. 16. Approval of minutes from Commissioners Court meetings conducted on July 1, 1997, July 8, 1997, July 15, 1997, July 22, 1997 and July 29, 1997; Special Meetings conducted on June 30, 1997 and July 17, 1997; and Workshops conducted on July 15, 1997 and July 17, 1997. 17. Presentation of Proposed County Budget for FY 1997 -98. 18. Call for citizen input and/or concerns. 19. Announcement of interest items and possible future agenda topics. 20. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361 -4102. V0L.,d.YAQK,..LVk y ,F C r r r r• COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 9, 1997 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 9, 1997, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input and /or concerns. The Court next considered Budget Amendment #96/97 -40.1 through 40.8, which would increase funds budgeted for Indigent Health Care, increase revenue and expenditure for Juvenile Services, reallocate funds budgeted for the County Attorney, 85th District Court and Justice of the Peace Precinct 7 -1; and set up budgets for two (2) Juvenile Service Grants. Budget Request 40.4 was withdrawn at the request of the County Clerk. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to approve the budget amendment 40.1, 40.2, 40.3, 40.3, 40.6, 40.7 and 40.8, a copy of which is attached hereto. VOL -PAGEff-�-- ......�..1'�.� •__�a...i.i.�W -mat cai,.i� �� a.i� � �. �S . ....1 t_..._ �._.?Su �.... �.. �_ ..-. 1 • Commissioners Court meeting September 9, 1997 The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Gonzales, Eliza Juvenile Serv. Termination Willson, Mary June Juvenile Serv. Resignation McDonald, Terrance Juvenile Serv. Promotion Harris, Michael J MPO New Employee Cook, Stephen A MPO Sal Increase Kubichek, Susan C MPO Promotion Sifuentez, Anna D SO /Jail Sal Increase Bean, Rhonda D SO /Jail Sal Increase Hammer, Francis A SO /Jail Sal Increase Diserens, Sarah J SO /Jail Sal Increase Clary, June Tax Office Comp Training Court, Linda G Tax Office Comp Training Gyug, Lyndi D Tax Office Comp Training On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The County Judge does not plan to approve any more salary increases for the remainder of 96 -97 budget. The Court next considered the following Claims as submitted by the County Treasurer for payment: 97- 009967 through 97- 010152 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the County payroll in the amount of $561,000.00 for the September 11, 1997 payroll. The next matter for consideration by the Court was a request submitted by the Sheriff's Office seeking approval for out of state travel for Investigator Kenny Elliott. Mr. Elliott would be traveling to Boston, Massachusetts to attend an Investigators Conference during the week of September 21 through the 25, 1997. Transportation expenses will be paid for by another agency. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Sheriff's Office and approved payment of out of state travel expense for Mr. Elliott. VOAUk1.0 Zma. I Commissioners Court meeting September 9, 1997 The next matter before the Court was approval of a Contractual Agreement between Brazos County and Brazos Beautiful, Inc.. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to table consideration to allow the Court time for further review. The next :natter before the Court was approval of a Fiscal and Personnel Management Agreement between Brazos County and the Bryan /College Station Metropolitan Planning Organization. This is essentially an extension of the current agreement with minor changes in terms of definitions and updates to existing laws. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve a Fiscal and Personnel Management Agreement between Brazos County and the Bryan /College Station Metropolitan Planning Organization for the term of three (3) years. A copy of the agreement is attached hereto. The Court next considered acceptance of the resignation by Gary Norton from the Brazos County Health Facilities Corporation Board and the Industrial Development Corporation and the appointment of Tony Jones to same. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the resignation by Gary Norton from the Brazos County Health Facilities Corporation Board and the Industrial Development Corporation and the appointment of Tony Jones to same. The next matter for consideration was a contract with Triple D Security Corporation for armored car security services. The agreement is for the transport of currency, coin, negotiable instruments and other documents from the Brazos County Treasurer's office, the Adult Probation Office r and Justices of the Peace Precinct 7, and delivery to Norwest Bank. This will be done for a total of five (5) times per ' week and at a cost of $420.00 per month. The term of the i Agreement is from October 1, 1997 to September 30, 1998. At r the expiration of that time, the agreement shall be rI *I -- - - I I r r { Commissioners Court meeting September 9, 1997 automatically extended from month to month until either terminated or a new agreement is signed. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into Agreement with Triple D Security Corp. for armored car service and authorized the County Judge to execute the Agreement on behalf of Brazos . County. A copy of the Agreement is attached hereto. The Court next considered approval of a requisition from Capital Expenditures for the following purchases: a) Moveable panels for County Clerk was removed from consideration by the County Clerk. b) Software License for District Clerk Collections $498.00 c) Hub for District Clerk Collections { $425.00 d) Cab Tractor for Road & Bridge $26,852.46 e) Printer Sharing Device for Justice of the Peace, Pct. 7/1 -2 $610.00 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve requisitions b,c, & e to be paid from Capital Expenditures. Item "d" will be delayed pending a budget amendment. The Court next considered the request from GTE to place buried cable installations in the right -of -way of Alexander Road, Broach Road and Castenson Road. The sites are located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to approve the request from GTE and -, authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Nantucket Phase 6 Subdivision in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all ' appeared to be in order. on motion by Commissioner Jones,•., -- - - I i Commissioners Court meeting September 9, 1997 seconded by Commissioner Sims, the Court voted unanimously to approved the final plat of Nantucket Phase 6 Subdivision. The Court next considered approval of the minutes of the Commissioners' Court meetings held July 1, 1997, July 8, 1997, July 15, 1997, July 22, 1997 and July 29, 1997; Special Meetings held June 30, 1997 and July 17,1997; Workshops held July 15, 1997 and July 17, 1997. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the minutes as submitted. The County Judge presented the proposed county budget for fiscal year 1997 -1998 with the following proposed tax rate: Debt Service $.0452 Maintenance & Operating funds $ 3722 Total Tax Rate $.4174 per $100 valuation He went on to declare there would be a 2.5% salary increase for most employees and that funds had been set aside for emplementation of the salary survey by the consultants. Also, there will be a Budget Hearing set September 22, 1997 at 10:00 a.m. Mr. Demetrios Basdekas asked for a copy of the budget at the open records rate per page instead of the $1.00 per page cost. He continued by saying that the citizens were expecting a considerable decrease in taxes. Was there one item that required this tax rate? What, if any, funds have been set aside for the Expo Center? The County Judge made the following comments: 1) There will be a Public Hearing on September 11, 1997 at 6:00 p.m. in the 85th District Courtroom to discuss the Justice of the Peace realignment. 2) There will be a workshop today at 10:30 a.m.. f There being no further business to come before the Court, the meeting was adjourned. VOL I � f 4 f - i �t f I 1 i I i t oil: • The foregoing minutes of the Commissioners Court meeting held September 9, 1997 have been examined and are approved in open Court this the a, 5-7- day of 6/06- 1 19,9 7, in Bryan, Brazos County, Texas. AlvifrW. Jones County Judge . T ornton Commissioner, Precinct 2 C04PA -d C ",.A. A Carey C ley, Jr. Commiss over, Preci c 4 Tbcty Jone Commiss n , Precinct 1 ioner, Precinct 3 Mary Anh Ward County Clerk Ali �1 i.�....�-A D r . I w �I P ' VOL IL . kko RAZOS COUNTY COMMISSIONERS' MEETING ON,4pi-. / % / t7 <� A.M. i / •_ V- „ op I ' J ' V • � �� mr?", 9 BRAZOS COUNTY COMMISSIONERS MEETING ON �� 9 �99% AT 9 A. M. w V VOL 6-- - i VOL i f I r 4' T e I + n .a ..._,� �...... ..�._��......t •...._....aw..�....�__.., �....... u_.. �._.. ._..�1.�..�...f.�t,�u...._�u.:. .r.,. �.w,. H:.,.�G.: iwc..�...4r1...�!}. _. s,. .u..� .:. �. _. .:t � .. .+.a ,. J � �r r. t BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1996 -1997 BUDGET YEAR NO. 96/97 -40.1 through 40.8 On this the 9th day of September 1997 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on September 9, 1997 the Court heard and approved a budget amendment for the 1996 -1997 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted August 8, 1996 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9th day of September 1997. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: 1 Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File 01 BUDGET AMENDMENTS NO. 96/97 - 40.1 9/9/97 FD DIVISION ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 180001 612100 Dr Court Cost $ 1,400.00 01 180001 659500 Cr Vehicle Maintenance $ 800.00 O1 180001 653500 Cr Gasoline $ 600.00 County Attorney To reallocate line item budget to allow for unexpected expenditures for the year ending 9/30/97. I ;• ' t r I ` 'E f E , VUL c I--�\ r • r RUDGET AMENDMENTS NO. %/97 - 40.3 9/9/97 FI) DIVISION ACCT PROD DR /CR ACCOUNT NAME Increase Decrease 01 3150 516100 315098 Dr Hourly - Staff S 25,471 00 01 3150 531000 315098 Dr Social Security S 1,949.00 01 3150 532000 315098 Dr Retirement S 1.78300 01 3150 533000 315098 Dr Health Insurance $ 3,900.00 01 3150 538000 315098 Dr Workers Comp $ 64.00 01 3150 539000 315098 Dr Employment Ins $ 192.00 01 480468 315098 Cr TJPC -O -frog SanctlSP $ 33,359.00 Juvenile services- Grant - TJ PC-O- Progressive Sanctions -1SP To setup the proposes budget for the fiscal year to begin 9/1/97 - 8/31/98. ., tnkw ina � �.�' Approved VOIL YAGLAX...' V c E i i i i I h' i A I j . r i f . �• .. 1 j . r i f r • VC) 1 `7-T7 f' . ® ® ®® ®® MTM . 0 1 • �� ' VC) 1 `7-T7 f' . t VOL 1 11 VOL ! r • • Itt!DGE.l' AMENDMENTS NO. 96/97 - 40.8 9/9/97 F'D DIVISION ACCT PROJ 1)R /CR ACCOUNT NAME: Increase Decrease 01 247101 521000 Dr Employment Services $ 7,220 Un 01 247101 516300 Cr Hourly - Pan time $ 7,22000 Justice of the Peace Pct. 7 -1 - To move funds, to allow the office to contract for temporary clerks for the purpose of researching bond funds currently held pending disposition. It is respectfully requested that any funds not used before September 30. 1997 be carried forward to fiscal year 97 -98. ,A•PPr"• o `c�rBY w"4I r-r'i^.r,� ;2 Prep r p: i~�r• "�'� d t VOL R pAGE.1J. v Y t • i. v Y t ,r k- r, F STATE OF TEXAS COUNTY OFBRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan - College Station Urban Transportation Study Steering Committee, hereinafter referred to as the "MPO ", the designated Metropolitan Planning Organization (MPO) for the Bryan - College Station Urban area, as authorized by 23 U.S.C.A. 134 (West Supp. 1992). WITNESSETH WHEREAS, 23 U.S.C.A. 134 and Section 5303 of the Federal Transit Act, as amended by the Intermodal Surface Transportation Efficiency Act of 1991, requires that Metropolitan Planning Organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State; and WHEREAS, 23 U.S.C.A..104 (f), as amended by the Intermodal Surface Transportation Efficiency Act of 1991, authorizes Metropolitan Planning (PL) Funds and Federal Transit Act Section 5303 Funds be made available to Metropolitan Planning Organizations (MPO) duly designated by the Governor of each State to support the urban transportation planning process; and WHEREAS, the Governor of Texas has designated Bryan - College Station Urban Transportation Study as the MPO for the Bryan - College Station Urban area; and WHEREAS, MPO request that the County act as the financial disbursing agent for all MPO funds; and WHEREAS, the County, as one of the parties to an Interlocal Agreement creating MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the MPO. 0 0 s , i 1 1 __, 1 7 ARTICLE II 2.01 The term of this Agreement begins on October 1, 1997 and ends September 30, 2000 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts under the supervision of the County Auditor in carrying out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues and County fiscal policy, on behalf of the MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the County or the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. 4.03 The MPO shall make contracts and commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 The disbursement of funds to agencies or consultants under contract to the MPO will made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result of the County performing any non - negligent task pursuant to this Agreement. c:%adm1n %97.98f Iscalaproa. wpd -2- PAGE, _j6V, R s_ z l I 1 t f i 'r t 1 l The County is under no obligation to process payment requests unless sufficient funds for such purposes are present in the MPO budget. 4.05 All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. 4.06 The MPO assumes responsibilities for the legal and proper expenditures of all Local planning monies, Federal Highway Act Section 112 monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of 1 Transportation. The MPO adopts its own line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into expense group /categories i similar to the County's . Any expenditures over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. All MPO employees will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full -time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and /or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval. 4.10 The Director will take direction on MPO policy and technical matters from the MPO Policy Committee and direction on fiscal administrative matters from Brazos County. That Director shall comply with all applicable Texas Department of Transportation and County regulations in carrying out MPO work. 4.11 The MPO shall pay all costs associated with the employees as described in Section 4.08. The County Auditor is hereby authorized to make payment for MPO personnel costs, to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.01. i -3- i " cAadman%97.98fiscalagree wpd • o , l *I 01 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the MPO Director. ARTICLE V TERMINATION 5.01 This Agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to County: Brazos County Courthouse 300 E. 26th St. Bryan, Texas 77803 with a copy to: County Auditor 300 E. 26th St. Bryan, Texas 77803 If to MPO: Bryan - College Station Urban Transportation Study Policy Committee 4001 E. 29th St. Suite 170 -b Bryan, Texas 77802 ARTICLE VI NON - DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49. Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). c: \edmin %97.98hsca1sproe.wpd -4- VOL �JPAQE C s. I s I I� l�- i ARTICLE VII 7.01 This Agreement shall be governed by the laws of the State of Texas and all obligations hereunder of the parties are performable in Brazos County, Texas. ARTICLE VIII NON - ASSIGNMENT 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County or the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. ARTICLE IX 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless It is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. BRAZOS COUNTY, TEXAS BRYAN - COLLEGE STATION URBAN TRANSPORTATION STUDY POLICY COMMITTEE By: (41'L �y By; Count AI Jo es B C S M hairpe on - ones Date:�f�.- l,�`��1 .5- c Aadmm%9 7 -98f iscalapree.wpd Date: ' VOL . PAUL, 1*1 . .- . --. -- - - -- - • Brazos County Commissioners: -s- ToAf'Jone 9( r� l• cAedmin %97.99fiscalagref.wpd j VOL :r f I ' I '( I M1 1 � 1 k - i h Bryan - College Station Metropolitan Planning Organization Policy Committee RESOLUTION 97 -005 A RESOLUTION FOR APPROVAL OF A FISCAL AGREEMENT CONTRACT BETWEEN THE BRYAN- COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION AND BRAZOS COUNTY WHEREAS, the Bryan- College Station Metropolitan Planning Organization Policy Committee (the Policy Committee), is the transportation planning decision - making body for the Bryan- College Station/Brazos County area, as designated by the Governor of Texas in accordance with federal law; and WHEREAS, the Policy Committee recognizes the need for the continuation of administrative duties regarding the auditing and personnel actions for the Bryan - College Station Metropolitan Planning Organization; and WHEREAS, the Policy Committee has investigated and considered the terms and conditions of the fiscal agreement between the Bryan- College Station Metropolitan Planning Organization and the Government of Brazos County' . NOW THEREFORE, be it resolved by the Bryan - College Station Metropolitam Planning Organization Policy Committee; 1. THAT, the Policy Committee supports the continued fiscal and personnel administration relationship between the Bryan - College Station Metropolitan Planning Organization and the Government of Brazos County. 2. THAT, the Fiscal Agreement Contract between the Bryan- College Station Metropolitan Planning Organization and Brazos County is shown as Exhibit "A" and attached to this resolution herein. 3. THAT, the Policy Committee Chair, or duly moved representative on behalf of the Bryan - College Station Metropolitan Planning Organization is hereby authorized to sign into contract with the Government of Brazos County. d A46 , — 4.�Ja•.u._' '..' J' - iI�':.i'a.rYrAW..:.,'L.�._. ._ .. . , .�alaia.�._ t.� -.. -__ i � �. 7lI Resolution 97 -005 2 ! 4• �. THAT, the transportation planning director take any and all legal, administrative, and procedural actions to execute the directive as stated in this resolution. I 5. ' THAT, this resolution become effective immediately upon adoption. DONE AND APPROVED, this --2L-day of August , 1997 Alvin W. Jones, Chair Bryan- College Station MPO, Policy Committee POLICY COMMITTEE VOTE: • Judge Alvin W. Jones: _8�. Chair Mayor Lynn Mcilhaney 4,&r Vice -Chair Mayor Lonnie Stabler_C��_ __ Member Dr. Jerry Gaston Member Mr. Lonny Traweek C66I.A. Member ATTEST: MOVED BY: SECONDED BY: tl�t.• off VOL 947 II • I s Y .i i r c t i 1, TRIPLE D SECURITY CORP. THIS AGREEMENT, made this day of AUGUST , 1921, between Triple D Security Corp., 901 Profit Drive, Victoria, TX 77901 (hereinafter called "Triple D") and Brazos County, 300 East 26th St., Suite 214 Bryan, TX 77803 (hereinafter called the "CUSTOMER"), WITNESSETH: For and in consideration of the mutual covenants and agreements and of the payments hereinafter mentioned, the parties hereto agree as follows: 1. Triple D agrees to call for and to receive from CUSTOMER, or its designated agent, and to receipt therefore, sealed or locked shipments containing currency, coin, checks, securities, and other valuables except cash letters (hereinafter called "Property "), and to transport and deliver same in like condition, to the consignee designated by CUSTOMER, between points in, and in accordance with, the following service and compensation Schedule, the charges in which are based on the liability assumed by Triple D pursuant to Paragraph 7 hereof: 2. The CUSTOMER and Triple D agree that all service performed for the CUSTOMER by Triple D in addition to service specified in this agreement and its exhibits, unless such service is performed pursuant to a separate written agreement between CUSTOMER and Triple D, shall be performed pursuant to the provisions, terms and conditions of this agreement and that the provisions, terms and conditions of this agreement shall determine the rights and obligations of the parties with respect to any such additional service in the same manner and to the same extent as if such service had been specified in this agreement. SCHEDULE SERVICE FREQUENCY OF SERVICES (DAYS OF WEEK) MAXIMUM LIABILITY PER SHIPMENT CHARGES Call At: Brazos Co. Monday thru Friday $5,000,000. $420 per month Treasurer's Office, 300 E.26`" St., Suite One Stop per Extra or Special 313 location Trips $25 (2)Brazos Co. Adult Probation Office, 202 E. 27`", Suite 202 (3)Brazos co. Justices Of the Peace, Pct 7 100 Anderson St. Deliver: Norwest Bank, 300 Briarcrest Dr. Bryan, TX Attached hereto are properly executed amendment(s) to this contract as Exhibit(s) A, the terms and conditions of which are incorporated herein as if fully set out. Insofar as special provisions contained in said amendment(s) hereto conflict with any of the provisions herein, such special provisions shall control. The above schedule shall be performed on Triple D's regular routes unless otherwise stipulated in Exhibit attached hereto. 3. The CUSTOMER agrees it will cause all Property delivered into the care of Triple D to be securely sealed or locked and clearly labeled with the consignor's and consignee's name and address, and that it will not conceal or misrepresent any material fact or circumstances concerning the Property delivered to Triple D pursuant to this agreement. Triple D expressly prohibits the transport of any illegal materials or substances via its couriers or vehicles. Triple D may, from time to time and without prior notice, employ drug- sniffing canines to inspect property in our care. The CUSTOMER will be notified if the canine positively 'alerts to CUSTOMER'S property, and Triple D will request CUSTOMER'S cooperation in investigaL inq the cause of the positive alert by the canine. Positive identification of any ill( -qal in,o+.•rial or substance in CUSTOMER'S property will result to termination of this: acarr -o•m• nt_. ru�// zav Q ._........,...iW...c.u.r.0 . u.i_.L. ... ..... _— _ _ �ry.�� _ __ _ + • _ ,..y:,:� -' u. iLn. rL1►.. r3,. ..'.�i1:�...:._y..:...s.._,�'.L i,:._ _o �.�. a ... _ _ _ i I (continued) • 4. The CUSTOMER agrees to pay Triple D within thirty (30) days of presentation of periodic invoices, the charges stated in the above schedule for the services stipulated therein and federal, state and local taxes, where applicable, shall be added to said charges. CUSTOMER agrees that CUSTOMER shall have no right of offset against Triple D's charges for services rendered. Triple D reserves the right to renegotiate the service charges stated in this agreement, if, during the effective period of the contract as defined by Paragraph 5, Triple D's insurance costs increase by more than 1Q percent. Should the parties fail to reach an agreement after thirty (30) days, Triple D or CUSTOMER shall have the right to terminate the agreement upon written notice. 5. SUBJECT TO THE TERMS AND CONDITIONS ABOVE AND ON THE REVERSE SIDE HEREOF, service under this agreement shall commence on 1 October, 1993, and shall continue for a period of one year. At the expiration of the time set forth in the preceding sentence, the agreement shall be automatically extended from month to month until either ternu nated by either party on thirty (30) days' written notice or until a new agreement is signed. 6. No waiver by Triple D of any breach of any provision herein shall constitute a waiver any breach or of such provision. All prior agreements between the parties or their predecessors pertaining to the services specified in the schedule on page 1 hereof are superseded by this agreement. 7. Triple D agrees to assume liability, as hereinafter limited, for any loss, damage or destruction of Property (hereinafter called "loss ") from the time it is received by Triple D until such time as it is delivered to the consignee designated by the CUSTOMER to receive same or in the event of non - delivery, until its return to the CUSTOMER, but Triple D does not assume liability for Property while in safe(s) on the CUSTOMER'S premises. The sole liability of Triple D in the event of loss from whatever cause, except as hereinafter further limited, shall be payment to the CUSTOMER of the declared value as appears on the shipping document, which sum shall not exceed the maximum amount set forth in the schedule on page I of this contract for the designated shipment. The CUSTOMER agrees with Triple D that in the event of loss, it will cooperate to the fullest extent to which it is capable in reconstructing checks constituting a part of said loss and as to said checks, Triple D's liability except as limited herein above shall be the payment to the CUSTOMER of: (a) Reasonable costs necessary to reconstruct the checks plus where the checks are r';:constructed, any necessary costs because of stop - payment procedures; (b) The face value of checks which cannot be reconstructed. It is understood and agreed by the parties to this agreement that the words "reconstruct," "reconstructed," and "reconstruction" shall mean to identify the only to the extent of determining the face amount of said checks and the identity of the maker or the endorser of each. It is further understood and agreed that the word "shipment" wherever used in this agreement shall mean a single consignment of one or more items of property from one shipper at one time at one address to one consignee at one destination address. 8. The CUSTOMER agrees to notify Triple D in writing of any claim for loss within twenty -four (24) hours after loss is discovered or, should have been discovered in the exercise of due care and, in any event, within forty -five (45) days after delivery to Triple D of the property in connection with which the claim is asserted, and unless such notice shall have been given, such claim shall be deemed waived. Triple D shall not be liable in any action brought to enforce a claim unless such action is commenced within two (2) years after the date written notice is given to the claimant that Triple D has disallowed the claim in whole or in part. The CUSTOMER further agrees to furnish proof of loss in a form satisfactory to Triple D or its insurer and promptly assist Triple D or its insurer in all ways pertaining to recovery of said loss. Upon payment of loss hereunder, Triple D or its insurance company shall be subrogated to all the CUSTOMER'S rights and remedies of recovery therefore. 9. Triple D agrees to cover with insurance the liability assumed in Paragraph 7 and a certificate of such insurance will be furnished to the CUSTOMER upon written request. For the protection of CUSTOMER in view of the liability assumed in Paragraph 7, CUSTOMER or Triple D may cancel and terminate this agreement upon thirty (30)days written notice in the event Triple D's cargo insurance shall be either canceled or substantially altered or Triple D's insurance underwriter shall notify Triple D of its intention to cancel or substantially alter Triple D's cargo insurance. 7 �I (Continued) 10. Notwithstanding the stated term of this contract, it is understood and agreed that this is a personal service contract and the continuation of this agreement for the services to be performed by Triple D hereunder is contingent upon the Satisfactory performance of such services. CUSTOMER shall have the right from time to time to review and evaluate the performance of Triple D in the furnishing of services required by this contract and shall notify Triple D in writing of any deficiencies in the performance of such services. In the event Triple D shall fail to correct such deficiencies to the satisfaction of CUSTOMER within thirty (30) days of receipt by Triple D of such notice, CUSTOMER shall have the right without further notice to terminate this agreement. 11. Notwithstanding any other provisions of this agreement, it is agreed Triple D shall not be liable for any loss caused by or resulting from: (a) (1) Hostile or war -like action in time of peace or war, including action in hindering, combating, or defending against an actual, impending or expected attack, (a) by any Government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air force, or (b) by Military, Naval and Air Forces; or by any agent of any such Government, power, authority or forces. (2) Any weapon of war employing an atomic fission or radioactive force whether in time of peace or war. (3) lnsurrection, rebellion, revolution] civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure or destruction tinder quarantine or customs regulations, or confiscation by order of any Government or public authority; or risks of contraband or illegal transportation or trade. (4) Nuclear reaction or nuclear radiation or radioactive contamination; all whether controlled or uncontrolled, and whether controlled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) for which liability is assumed by Triple D, however, subject to the forgoing and to all other provisions of this contract, Triple D shall be liable for direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination. (b) Shortages claimed in the contents of the sealed or locked shipments. (c) Non - performance or delays; but Triple D agrees to be liable for the safety of any Property received into its possession at any time not to exceed the maximum amount stated in the schedule on page 1 hereof. In addition, Triple D shall not be liable under any circumstances for consequential or incidental damages or losses. (d) Triple D shall not be liable to CUSTOMER for failure to furnish any vehicle or render any service if prevented by wars, fires, strikes, or other labor troubles, acts of God, or other causes beyond its control, or where during the existence of any strike or labor disturbance Triple D determines that in its . judgement the same may endanger the safety of CUSTOMER'S cargo or Triple D's vehicles or employees. (e) Breakage of statuary, marble, glassware, bric-a-brac, porcelains and similar fragile articles 12. See insurance requirements and indemnity agreement attached as addendum hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. Customer: Brazos County Tripl ecurity By r11_* - Ste✓ By Title: `` Title *I .v EXHIBIT A ADDENDUM TO TRIPLE D SECURITY CORPORATION SERVICE AGREEMENT DATED August 1, 1997 Insurance Reguirements and Indemnification Agreement INSURANCE. Triple D shall maintain at its sole cost and expense, throughout the entire term of this Agreement, policies of insurance issued by an insurance company or companies licensed to do business in the State of Texas and otherwise acceptable to customer, which policies shall provide for coverage of the kind and in the minimum amounts as follows: A. Worker's compensation and employer's liability coverage covering all persons employed by Triple D, with limits of not less than $500,000, providing statutory benefits for injuries, occupational diseases and death, and'otherwise complying in all respects with applicable law. B. Broad form comprehensive general liability insurance coverage, written on an "occurrence" basis, to include additional coverage for risks commonly referred to as: (1) premises and operations, (2) personal injury, (3) mobile equipment, (4) contractual liability (specifically in support of Triple D's obligation under paragraph 9 hereof), and (5) completed operations, with per occurrence limits of $1,000,000, and aggregate limits applicable to all coverages of not less than $2,000,000. C. Automobile liability Insurance coverage with a combined single limit of coverage of not less then $1,000,000 for bodily injury and property damage. D. Physical damage insurance coverage on Triple D's property to the extent of its fair market value with any deductible to -be for the account of Triple D. vOL. L_,_...'NAGE, ��? • vt w, - - EXHIBIT A ADDENDUM TO TRIPLE D SECURITY CORPORATION SERVICE AGREEMENT DATED August 1, 1997 Insurance Reguirements and Indemnification Agreement INSURANCE. Triple D shall maintain at its sole cost and expense, throughout the entire term of this Agreement, policies of insurance issued by an insurance company or companies licensed to do business in the State of Texas and otherwise acceptable to customer, which policies shall provide for coverage of the kind and in the minimum amounts as follows: A. Worker's compensation and employer's liability coverage covering all persons employed by Triple D, with limits of not less than $500,000, providing statutory benefits for injuries, occupational diseases and death, and'otherwise complying in all respects with applicable law. B. Broad form comprehensive general liability insurance coverage, written on an "occurrence" basis, to include additional coverage for risks commonly referred to as: (1) premises and operations, (2) personal injury, (3) mobile equipment, (4) contractual liability (specifically in support of Triple D's obligation under paragraph 9 hereof), and (5) completed operations, with per occurrence limits of $1,000,000, and aggregate limits applicable to all coverages of not less than $2,000,000. C. Automobile liability Insurance coverage with a combined single limit of coverage of not less then $1,000,000 for bodily injury and property damage. D. Physical damage insurance coverage on Triple D's property to the extent of its fair market value with any deductible to -be for the account of Triple D. vOL. L_,_...'NAGE, ��? r M i C• i r. I i I I i. t BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 9/09/97 ITEM: Reauest from GTE to place buried cable installations in the rights -of -way of Alexander Road. Broach Road and Castenson Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A I. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be Installed 1) within 3 -5' of and parallel to the right-of-way line and/or 2) In the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's responsibility to do so and to remove all cleaned brush, trees etc. from County right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; tost shall be conducted by an independent Gootechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SU I ED BY: APPROVED BY. Richard F. Vance, P.E. Commissioner William S. Thornton County Engineer Precinct 2 CC97 -134 Approved In Commissioners' Court Da e, — Alvin W- Jones, ounty Judge VOL .PAGE, .j. 0 i COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 9/09/97 ITEM: Reauest from GTE to place buried cable installations in the rights -of -way of Alexander Road. Broach Road and Castenson Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A I. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be Installed 1) within 3 -5' of and parallel to the right-of-way line and/or 2) In the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's responsibility to do so and to remove all cleaned brush, trees etc. from County right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; tost shall be conducted by an independent Gootechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SU I ED BY: APPROVED BY. Richard F. Vance, P.E. Commissioner William S. Thornton County Engineer Precinct 2 CC97 -134 Approved In Commissioners' Court Da e, — Alvin W- Jones, ounty Judge VOL .PAGE, .j. 0 *I f f August 25, 1997 ® GTE Telephone Operations 301 Industrial Blvd. Bryan, TX 77803 Reply To: Bryan, TX Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: SUBJECT: AGRMNTS 24 BURIED CABLE Enclosed are Form ED -135 and work location ;sketch showing the location of our proposed buried cable line 6n County Roads in Brazos County at Tabor, Texas. This work is to be completed on Work Order 5435 - 9P706GR 0006 which is scheduled for September 1997. If you have any Questions concerning this work, please contact Alan Colley at our office in Bryan, telephone 409 - 821 -4715 within 15 days so that we may explain or modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, enz � Z0V^ Z. c Alan Colley Senior Designer - Access Design AHC:egc Attachment P12 `` Z 08-Z8.9� A part of GTE Corporation VOA / ....PAf13 P, �� r f GEMERAL TELEPHONE NOTICE OF COMMUNICATION COMPANY LINE INSTALLATION August 25, 1997 TO THE COMMISSIONERS COURT OF BRAZOS COUNTY ATTENTION COUNTY JUDGE: Formal notice is hereby given that GTE will construct a communication line withing the right -of -way of a County Road in Brazos County, Texas as follows: From the intersection of Alexander Rd. and FM 974, along the northwest R.O.W. of Alexander Rd. to the intersection of Broach Rd, then northwest along the southwest R.O.W. of Broach Rd to the intersection of Mensik Rd then south- west along the northwest R.O.W. of Broach Rd to the intersection of Castenson Rd. Then northwest along the northeast R.O.W..of Castenson Rd. for a distance of 3700'. Also on Broach Rd. southwest R.O.W. 665 ft southwest of Smith Rd. southwest for a distance of 5000 ft to the intersection of the Halliwell /Lyda Lane. All cables to be withing 8 ft of the R.O.W. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right -of -way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment of impairment of any property rights, fanchise, easement, license, authority, permission, privilege or right, now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after September 1, 1997. 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