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Home My WebLink About2004-07-27-9:00AM-RegularTHE CC SESSIO] COURT SUITE 1 1. Ir 2. C Conside~ 3. B 4. P, 5. P. 6. C 7. cl e~ 8. h O' BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT ~IMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 27 JULY 2004 AT AT 9:00 A.M. IN THE COMMISSIONERS .OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26m STREET, 5, BRYAN, TEXAS. ocation and Pledge of Allegiance - Commissioner Peters il for citizen's input and/or concerns. and take action on agenda items 3 - 21 :lget Amendment 03/04-39.1 thru 03/04-39.6. 'sonnel Change of Status. ment of Claims. >ointment of Presiding Judges and Alternate Judges for elections conducted by the inty. ~dification of the Interlocal Agreement between Travis County and Brazos County, tnging the rate of payment for Medical Examiner Services from $1,800 to $2,000 for :h body. :rlocal Agreement between Brazos County, the Cities of Bryan and College Station, t the Brazos County Emergency Communications District for the joint purchase and :ration of a Low Power AM Radio Broadcast System. 9. Ti 10. R~ Sc ll.R~ fo M 12. A Fi 13. T~ Commissioners Court Agenda 27 July 2004 Page 2 e IV-E Child Welfare Services Renewal Contract for fiscal year 2005. Nest by Bryan Texas Utilities for the installation of "No Parking" signs along the Rye .ool and Mumford roadsides of Lake Bryan as a deterrent to trespassers at Lake Bryan. lUeSt by Judge Jim Locke, County Court at Law #2, for approval of out-of-state travel his court coordinator, Tommy Munoz. Mr. Munoz will be traveling to Kansas City, ;souri in September to take a course offered by the Institute for Court Management. ~ointment of Joe Salvato as a Brazos County representative on the Revolving Loan td's Loan Administration Board. Refund Applications for the following: a. Akber Karim Dosani d. Martha R. McCarthy b. John Qiang Fu & Lingyu He e. Newman Family Partnership c. G&W Electric, James West f. John Wade Womack 14J R, uest by Purchasing for permission to declare a building located on the Exposition L; d as surplus property. 15. R~tuest for approval to award Bid #2004-031, Urinalysis / Drug Testing for Community S4~ervision to Accu-Chem Laboratories. This is a two-year bid, beginning 1 September 2~4. 16. R tuest from Purchasing to purchase an Industrial Clothes Washer-Extractor, a super C~ ~acity Commercial Washing Machine and a Clothes Dryer from Scott Equipment for 17. E: b~ 18. TI 19. Fi l- B 20. A R 21. h: th fc 22. A Jail. ension of Brazos County's current fuel bid with Petroleum Traders Corp. for the iod beginning 15 August 2004 through 30 September 2004, at which point the fuel bid ag developed with other local government entities is expected to be awarded. Final Plat of Haven Subdivision Phase Two, 32.830 acres, B. McGregor survey, A- , Brazos County, Texas. Site is located in Precinct 1 al Plat of Tejas Ranch Subdivision, 35.013 acres (block 1, lots 1-17 and block 2, lots 2) Right of Way Dedication - 0.257 acres, J. W. Stewart League survey, A-212, ~zos County, Texas. Site is located in Precinct 2. :eptance of a Warranty Deed from Charles L. Robertson, Sr. and wife, Sharon A. ~ertson for improvements to a portion of Kathy Fleming Road located in Precinct 1. rease in the Rate Paid by Brazos County to Landowners when fences are re-built on ir property due to Brazos County right of way work from $1.50 to $1.70 per linear t. nouncement of interest items and possible future agenda topics. 23. CI 24. A 25. A The Brazos interpretive Commissioners Court Agenda 27 July 2004 Page 3 for citizen input and/or concerns. ncy / Board / Committee reports by Court members. ;ounty courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign rvices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Cc Cc fc oJ pi f¢ L~ C¢ COMMISSIONERS' COURT REGULAR MEETING JULY 27, 2004 A regular meeting of the Commissioners' Court of Brazos lnty, Texas was held in the Brazos County Commissioners lrtroom in the Courthouse in Bryan, Brazos County, Texas, 'inning at 9:00 a.m. on Tuesday, July 27, 2004 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and 'icials that were in attendance. Commissioner Peters gave the invocation and led the ~dge of allegiance. Under citizen input/and or concerns, the following spoke: Donald Lampo, Constable, Precinct 2 a) His office was not awarded the grant they had applied but will apply for another half million dollar grant that 1 be offered by TxDOT. The County Judge said for Constable ~po to draft a letter supporting the application for the ~rt's signature. The Court next considered Budget Amendment #03/04-39.1 )h PAGE q-o2 C0 Ir BI C¢ t? at e~ R( C¢ a s Or Cc a~ Cc a a f( [missionersCou~meetingJuly27,2004 2 :ough 39.6, which would reallocate funds for County Court at #1, Juvenile Services, Juvenile Services-TYC Parole (2), ormation Technology Department, and Juvenile Accountability )ck Grand. On motion by Commissioner Caldwell, seconded by ~nissioner Peters, the Court voted unanimously to approve budget amendment as submitted, a copy of which is ached. The Court proceeded to consider the change of status of )loyees as submitted on the attached Personnel Action 'uests. On motion by Commissioner Peters, seconded by missioner Caldwell, the Court voted unanimously to )rove the changes as submitted. The Court next considered the following Claims as )mitted by the County Treasurer for payment: 20065172 through 20065394 motion by Commissioner Mallard, seconded by ~missioner Cauley, the Court voted unanimously to ~rove the Claims as submitted. On motion by Commissioner Cauley, seconded by ~missioner Caldwell, the Court voted unanimously to ~oint the following persons as presiding judge and ;ernate judge for the current voting year at the [lowing voting precincts: DL PAGE Co .missioners Court meeting July 27, 2004 3 PC 1 3~ 42 6 7~ 8 9 1( 5~ 1.~ 2( 2] 22 2~ 2[ 2( 2~ 2[ 3( 3] 3~ 3~ 3L 3.~ 3( 3~ 3 4, 4 4 4~ 5~ 5 6 6 Election Judqe ~c/82 ) }c/79/ 49/55/ 53 Tom McGarth (R) Dorothy Crancer (R Charles Opersteny Alta Salpetro (R) Nora Lee Moore (R) Lois Williams (R) Lola Peterson (R) Karen Tohkubbi (R) A. J. Bockholt (R) Michael Holt (R) Arthur Beatties (R Karl Williams (R) Betty Gibson (R) Joby Focke (R) Marjorie Wright (R R) b Marvin Emshoff (R) Sandra Cooper {R) Jerry Pitts (R) Barbara Melenkvitz {R) Ruthie Littlejohn R) Jim Gerbig (R) Lynn Mills (R) }/68 Mary Ann Crenshaw (R) 77/19 Martha Murphy (R) Jean McDermott (R) Ralph Postlewait (R) 72/74 Jim Titus (R) Charlotte Bergstad (R) .b Glenda Baker (R) Doris Emshoff (R) Barbara Cooper (R) Laura Holmes (R) Barbara Petty (R) /28a/42 LouEllen Ruesink (R) /44/46/ /78/81 /16 /29 ~b George McDonald (R) Joe Lecour (R) Alan Waldie (R) Lambert Wilkes (R) Eileen Kent (R) Alternate Judqe Alvin Halbrook(R) Barbara Seim (R) DL PAGE Court meeting July 27, 2004 4 7( ~b/64/ 6~ 8( t~ f¢ Kristi Hardy (R) Eric Jacobson (R) The next matter for the Court's consideration was modification of the Interlocal Cooperation Agreement Medical Examiner Services between Brazos County and T~ vis County. This is authorized by Sections 7.02 and 1] 0 of the Interlocal Cooperation Agreement for Medical E> ~miner Services. On motion by Commissioner Peters, sc ;onded by Commissioner Cauley, the Court voted ur ~nimously to approve the modification of the rate from SI 800 to $2,000 for each body. The new rate will be el 'ective October 1, 2004. A copy is attached. The next matter for the Court's consideration was an Ir ~erlocal Agreement between Brazos County the City of B~ 'an, City of College Station and Brazos County ~rgency Communications District for Low Power AM Radio B~ )adcast System. This is authorized by the Interlocal C( )peration Act, V.T.C.A. Government Code Chapter 791. G] ~g Petry with the Brazos County Emergency C( ~nications District gave a report on the system and a~ ~wered questions. On motion by Commissioner Peters, s by Commissioner Cauley, the Court voted u y to enter into an Interlocal Agreement with .5'9 PAGE 4t5 C0 t? C¢ R~ TJ fJ q~ p~ y~ C¢ C Ut t? C¢ C¢ t~ oJ BI ii ~missionersCou~meetingJuly27,2004 City of Bryan, City of College Station and Brazos nty Emergency Communications District for Low Power AM iio Broadcast System. A copy is attached. The next matter before the Court was approval of the ~le IV-E Child Welfare Services Renewal Contract for ;cal year 2005. This contract is for reimbursement for tlifying expenses for children in the foster care >gram. There are no changes in the contract for fiscal r 2005. On motion by Commissioner Cauley, seconded by missioner Mallard, the Court voted unanimously to >rove the Title IV-E Child Welfare Services Renewal ~tract for fiscal year 2005. A copy is attached. The Court next considered a request by Bryan Texas _lities for installation of "No Parking" signs along Rye School and Mumford roadsides of Lake Bryan as a errent to trespasser at Lake Bryan. On motion by missioner Cauley, seconded by Commissioner Peters, the irt voted unanimously to approve the request to install "No Parking" signs. The County Judge asked Ray Crow the Road and Bridge Department to contact the City of 'an for the signs so the road and bridge crew can ~tall them. The next matter for consideration by the Court was a % DL PAGE Co Lc Cc CJ Cc Cc Cc Lc fc oJ F~ tc lc Cc Cc Cc Ac t~ missionersCou~meetingJuly27,2004 · uest submitted by County Court at Law # 2 Judge, Jim ke, seeking approval for out of state travel for the trt Coordinator. Mr. Mu~oz would be traveling to Kansas :y, Missouri to attend the National Center for State lrts September 7 through 10, 2004. On motion by missioner Cauley, seconded by Commissioner Peters, the irt voted unanimously to grant the request from Judge :ke and approved payment of out of state travel expense Mr. Tommy Mu~oz. The next matter before the Court was the appointment a Brazos County representative on the Revolving Loan ld's Loan Administration Board. This is necessitated due Mr. Robert Davis, the former county representative no lger being with First National Bank. On motion by missioner Mallard, seconded by Commissioner Peters, the irt voted unanimously to appoint Joe Salvato as Brazos ~nty's representative on the Revolving Loan Fund's Loan ~inistration Board. The next matter for consideration was approval of refund applications from the following individuals /or companies: a. Akber Karim Dosani, Over Payment $265.50 b. John Qiang Fu & Lingyu He, Over Payment $20.00 c. G&W Electric, James West, Over Payment $369.98 d. Martha R. McCarthy, Over Payment $15.55 3L PAGE q7 Cou~meetingJuly27,2004 e. Newman Family Partnership, Over Payment $17.08 f. John Wade Womack, Over Payment $257.62 Or motion by Commissioner Hallard, seconded by C¢ ener Peters, the Court voted unanimously to a }reve the tax refund applicatiens. The Court next considered declaring a building 1 :ated on the Expesitien Land as surplus preperty. On m, ;ion by Commissiener Hallard, secended by Cemmissioner P( ~ers, the Ceurt veted unanimously to declare the b~ klding as surplus property. The building will be ac Tertised for sale on line. The Court next censidered awarding Bid No. 2004-031, U~ _nalysis/Drug Testing. Becky Stephens Senier Buyer, r( ;emmended acceptance of the bid submitted by Accu-Chem L~ }oratories. On motion by Commissiener Peters, secended bx Cemmissioner Cauley, the Court veted unanimously te a ;ept the recemmendation ef the Senier Buyer and award t~ centract to Accu-Chem Laboratories. A cepy of the b tabulation is attached. The next matter before the Ceurt was a request frem tl Purchasing Department to purchase an Industrial Ci thes Washer-Extractor, a super capacity commercial wi ~hing machine and clothes dryer. The Senior Buyer, e: that although the quote received from Scott PAGE ¢ g 7 Cou~meetingJuly27,2004 E¢ ~ipment was $582.00 more than the lowest bid received, t~ appliances had better parts and protected p~ grammable features than the other the other machines. Or motion by Commissioner Peters, seconded by C¢ Mallard, the Court voted unanimously to a )rove the request and authorized the $9,520.00 e )enditure. A copy of the tabulation is attached. The court next considered the extension of Brazos C¢ mty's current fuel bid with Petroleum Traders :poration for the period beginning August 15, 2004 ~ough September 30, 2004. On motion by Commissioner :ers, seconded by Commissioner Caldwell, the Court ~ed unanimously to approve the extension of the current ~1 bid. The Court next considered approval of the Final Plat o~ Duck Haven Subdivision Phase Two, 32.830 Acres in ~cinct 1. Richard Vance, County Engineer, stated that had reviewed the plat and found everything in order. motion by Commissioner Caldwell, seconded by sioner Peters, the Court voted unanimously to a >rove the final plat of Duck Haven Subdivision Phase T , 32.830 Acres as submitted. The Court next considered approval of the Final Plat PAGE Cou~meetingJuly27,2004 ot Tejas Ranch Subdivision, 35.013 Acres, (Block 1, Lots 1- 7 and Block 2, Lots 1-12) right-of-way dedication - 0 57 Acres in Precinct 2. Richard Vance, County E~ ineer, stated that he had reviewed the plat and found rything in order. On motion by Commissioner Peters, :onded by Commissioner Caldwell, the Court voted tnimously to approve the final plat of Tejas Ranch >division, 35.013 Acres, (Block 1, Lots 1-17 and Block 2 Lots 1-12) right-of-way dedication - 0.257 Acres as s >mitted. The Court next considered acceptance of a Warranty ~d for right-of-way on Kathy Fleming Road in Precinct 1 On motion by Commissioner Cauley, seconded by C( sioner Peters, the Court voted unanimously to ~horize the County Judge to accept on behalf of Brazos ~nty a Warranty Deed from Charles L. Robertson, Sr. and [e Sharon A. Robertson for the expansion and ~rovements to Kathy Fleming Road. The Court next considered a request to increase the ~e paid by Brazos County to landowners from $1.50 per tear foot to $1.70 per linear foot when fences are re- .it on their property due to county right-of-way work. motion by Commissioner Peters, seconded by ,5'?' PAGE tgJuly27,2004 9 The Court next considered acceptance of a Warranty Deed right-of-way on Kathy Fleming Road in Precinct 1. On ion by Commissioner Cauley, seconded by Commissioner :ers, the Court voted unanimously to authorize the County tge to accept on behalf of Brazos County a Warranty Deed f~ )m Charles L. Robertson, Sr. and wife Sharon A. Robertson the expansion and improvements to Kathy Fleming Road. The Court next considered a request to increase the rate d by Brazos County to landowners from $1.50 per linear foot $1.70 per linear foot when fences are re-built on their pz )petty due to county right-of-way work. On motion by sioner Peters, seconded by Commissioner Caldwell, the irt voted unanimously to approve the request. Under announcement of interest items and possible future ~nda topics the following spoke: Commissioner Mallard a) Said that the Court was still working to finish the budget. Kristy Rowe, Tax Office a) Said that the certified rolls were being signed as we speak. County Judge a) Said the Court would meet at 9:00 a.m. to finish up and hear revenues on the budget for FY 2005. PAGE Co missioners Court meeting July 27, 2004 11 Cc e) He asked his Administrative Assistant to get an Expo Committee meeting scheduled for Monday. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court ~bers. There being no further business to come before the irt, the meeting was adjourned. )L PAGE Ti J~ Cc Bi R~ Cc Di C~ At foregoing minutes of the Commissioners Court meeting held y 27, 2004 have been examined and are approved in open ~rt this the day of OC~ , 2004, in Bryan, ~zos County, Texas. Eric Caldwell Commissioner, Precinct 1 ~ne Peters ~nissioner, Precinct 2 Kenny Mallar< \ [/_ Commissioner, X~recinct ~3 .~ey Cauley, Jr. ~nissioner, Precinct 4 ;est: :en McQueen ~nty Clerk ¥ )L PAGE BRAZO,' MEETIN( Name COUNTY COMMISSIONERS COURT ON (.~7/-2~2/a OO~/' 200q AT~.. Organization/Department BRAZO,~ MEETIN(:: COUNTY COMMISSIONERS COURT 200q. AT ~ Name Organization/Department O members The follo~ TI 2004 budg W conditions following THE COM Original: Copies: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-39.1 thru 03/04-39.6 this the 27th day of July 2004 at a regular meeting of the Commissioners' Court, the following ~re present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk ag proceedings were held: ~T WHEREAS, on 27 July 2004 the Court heard and approved a budget amendment for the 2003- year for Brazos County, Texas. EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen &ich could not be reasonably included in the original budget adopted 12 September 2003 the aendment(s) to the original are hereby authorized, as described on the attached page(s). ~)PTED AND APPROVED this the 27th day of July 2004. IISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. ~f~im~s, County Judge 2ounty Clerk's Office and attached to the )riginal budget 2ounty Auditor 2ounty Treasurer 2ommissioners' Court Minutes DIV ACCT PROJ DR/CR ACCOUNT NAME I Increase ] Decrease 230001 606000 Office Supplies I I 405.00 ~ I 2300011 802940 Equipment-Telephone 1405.001 :t at Law #1 - Administration ~ I funds to allow for the purchase of telephones. ! I BUDGET AMENDMENTS No. 03/04-39.2 7/27/2004 DIV ACCT PROJ DR/CR ACCOUNT NAME 310001 591000 CR DDEA 310001 720700 DR Attomeys Juvenile ¸To funds for the cost of an independent employment specialist. Increase 2,520.00 · , I Decrease 2,520.00 BUDGET AMENDMENTS No. 03/04-39.3 7/27/2004 DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 310100 I 721570 Counselinlg Services 2,600.00 310100 I 600800 Clothing/Uniforms 2,600.00 I ,ices - TYC Parole fimds to purchase replacement uniforms for the STAR Team and TYC Parole officers. BUDGET AMENDMENTS No. 03/04-39.4 7/27/2004 DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 310100 721570 Counseling Services 2,400.00 310100 618010 Travel 2,400.00 vices - TYC Parole funds needed for travel expenses for the remainder of the fiscal 7ear. BUDGET AMENDMENTS No. 03/04-39.5 7/27/2004 DIV ACCT 140001 710200 PROJ DIUCR ACCOUNT NAME Increase Decrease ) CR Computer Contracts 10,000.00 ) DP, Sofv~vare 10,000.00 ,rk Services allow for the purchase of licensing to separate the Financial System from separate server. This purchase willalso allow for the in-house development of ;on the data stored in The Software Group justice packa~ 140001 672110 ~d Network To to ions to a validation for use BUDGET AMENDMENTS No. 03/04-39.6 7/27/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3171 725900 317104 CR Professional Fees-Other 28,530.00 30 3171 611100 317104 CR Conference & Seminars Fees 1,060.00 30 3171 602600 317104 DR Educational Supplies 6,000.00 30 3171 606000 317104 DR Office Supplies 7,102.00 30 3171 672810 317104 DR Equipment - Electronic 450.00 30 3171 673420 317104 DR Fumiture 4,450.00 30 3171 618010 317104 DR Travel 3,560.00 30 3171 672030 317104 DR Computer Hardware-Minor 8,028.00 Juvenile Al ountability Block Grant To reallocat funds per approved ~ant adjustment notice date 7/16/04. I i :~ ~.,~~ 29,590.0029,590.00 PERSONNEL CHANGE OF STATUS Page 1 DATE: 'OSE: July 27, 2004 Personnel Approve Personnel Change of Status CLERK PIVONKA, PANSY NEW HIRE SERVICES - AGUILAR, MANUEL HERBST, SARA MARIN, LORETTA FIGURES, DENNIS MARIN, LORETTA LYNCH, ROBIN MARTINEZ, JOSE LEWIS, CAROLYN TJPC STIPEND TJPC STIPEND TJPC STIPEND NEW HIRE TRANSFER WITHIN DEPT. TRANSFER WITHIN DEPT. REMOVE TIPC STIPEND RESIGNATION IV-E PROVAZEK, MATTHEW TJPC STIPEND BRIDGE EDWARDS, JOHN A. NEW HIRE (This Commissioners' Court: July 27, 2~ Judge's or Commissioner's Signature: to be attached to minutes) July 9, 2( To: H B 3( B RE: N A ~4 TRAVIS COUNTY PURCHASING OFFICE Cyd V. Grimes, C.P.M., Purchasing Agent 314 W. 11th Street, / Room 400 / Austin, Texas 78701 / (512) 854-9700 / Fax (512) 854-9185 / // norable Alvin Jones [zos County Judge E. 26th Street Ste. 114 an, Texas 77803 Iice of Rate Change for Medical Examiner Services under Interlocal Cooperation reement with Travis County Dear Judq~ Jones (or successor): II Pursuant I~ Sections 7.02 and 11.0 of the Interlocal Cooperation Agreement for MEDICAL EXAMIi~R SERVICES (ICAMES), between Travis County and Brazos County, this letter shall serv as notice of a change in the rate for Medical Examiner Services, effective October 1, 2004. T~ vis County has determined that this rate increase is necessary in order to cover the increased .ctual costs to Travis County of providing services. · Sectio rate ¢ dollar effect Medi~ 3.02 of the current ICAMES between Travis County and Brazos County sets a payment for Medical Examiner Services at one thousand, eight hundred ($1,800) for each body. The new rate for Medical Examiner Services, re October 1, 2004, is two thousand dollars ($2,000) for each body. d Examiner testimony remains at five hundred dollars ($500). Under Se, ion 7.02 of the ICAMEs, Travis County may amend the rate by sending notice of the rate chan$]: at least sixty (60) days before the change is to become effective. If Brazos County does not q!~nd a notice in compliance with Section 11.0 of the ICAMES stating that the change is unaccept~le prior to its effective date, Brazos County shall be deemed to have accepted the rate change arla.,.shall pay the new rate for any Medical Examiner Services provided by Travis County after the { t'ective date of the rate change. Notice from Brazos County that the amended rate is unaccepta le will result in termination of ICAMEs. In that event, if Brazos County should desire to obtain Medical Examiner Services from Travis County in the future, a new Interlocal Cooperati County w Should y( Assistant. Sincerel, Cyd V. Gl Purchasin n Agreement for Medical Examiner Services between Travis County and Brazos ald have to be executed. have any questions, please feel free to contact Rebecca Edwards, Purchasing Agent .t 512-854-9853. aes, C.P.M Agent /,4 M~)DIFICATIO OF CONTRACT NUMBER: IL040237RE PAGE 1 OF 1 PAGES ISSUED BY: PUR -IASINO OFFICE PURCHASING AGENT ASST: Rebecca Edwards DATE PREPARED: 314' 11TH ST., RM 400 TEL. NO: (512) 854-9700 July 13, 2004 AU5 N, TX 78701 FAX NO: (512) 854-9185 ISSUED TO: Brazos Coun MODIFICATION NO.: EXECUTED DATE OF ORIGINAL 300 E. 26m SI et Ste. t 14 I CONTRACT: Bryan, Texas 7803 May 30, 2000 ORIGINAL CONTRACT' iRM DATES: 5/30/00- 9/30/00 CURRENT CONTRACT TERM DATES: 10/1/03- 9/30/04 FOR TRAVIS COUNT~ NTERNAL USE ONLY: Original Contract Amount levenue Generating Current Modified Amount: Revenue Generating DESCRIPTION OF 12 2adqGES: Except as provided herein, all terms, conditions, and provisions of the document referenced above as heretofore modified, remain unctu ged and in full force and effect. This modification wil allow a payment increase for the following services: · $2,000.00 per bo ~ for autopsy services [] CORPORATION BY: SIaN^~ { DATE: PRINT NAME l' ITSDULY AUTH¢~EEDAGENT ~ TRAVIS COUNTY, TEJ~ S DATE: ~--/~.~2YD'V;-GRIM~'S~'"~ '.M., TRAVIS .COUNTY P~ING aaaNr TRAVIS COUNTY, TE3 S DATE: SAMUEL T. BISCO] TRAVIS COUNTY JUDGE TMs A~ referred Texas (~ "County WHERI Commtu operatio~ System" WHER1 COOPER governrr coopera! WriER] Commm impleme and serv WItER1 or servic WHER1 function. WHER1 Broadca; benefiei~ realized. NOW, conditio Contract 07/23/04 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION THE CITY OF BRYAN BRAZOS COUNTY ~ID BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT For Low-Power AM Radio Broadcast System ..ement is made and entered into by and between the City of College Station (hereinafter as "College Station"), a Texas Home Rule Municipal Corporation, the City of Bryan, reinafter referred to as "Bryan"), Brazos County, Texas (hereinafter referred to as the and Brazos County Emergency Communications District. kS, College Station, Bryan, the County and Brazos County Emergency cations District wish to enter into an Interlocal Agreement for the joint purchase and of a low-power AM radio broadcast system (hereinafter referred to as the "Broadcast .a~S, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL TION ACT, authorizes all local governments to contract with each other to perform ntal functions or services including emergency response services and to make re purchases of goods among themselves; AS, College Station, Bryan, the County and Brazos County Emergency cations District desire to enter into this Agreement for the purpose of fulfilling and ting their respective public and governmental purposes, needs, objectives, programs ~es; AS, the parties represent that each is independently authorized to perform the functions contemplated by this Agreement; tS, each party has sufficient funds available fi:om current revenues to perform the contemplated by this Agreement; AS, the parties are of the opinion that the joint purchase and common use of the System for the purpose of informing the public in the case of emergencies will be to the citizens of Brazos County through the efficiencies and potential savings to be HEREFORE, the parties hereto, in consideration of the mutual covenants and contained herein, promise and agree as follows: -1- o 4. ~l d 5. ( P $ P 6. [ Contract 07/23/04 JOINT PURCHASE OF BROADCAST SYSTEM ~e parties will jointly purchase the Broadcast System which will be designed to serve dlege Station, Bryan, and the County separately during nonemergencies and as a linked stem during emergencies. ,llege Station will solicit public bids and negotiate the contract for the purchase and ~tallation of the Broadcast System, provided, however, that the Brazos County ~ergency Communications District shall approve all contract terms before the contract '~xecuted. The contract will specify pricing by item and purchasing party. The contract ~11 provide for split billings to be accomplished at the vendor level. azos County Emergency Communications District will purchase the following to be ~d as part of the Broadcast System: five (5) low-power AM radio transmitters; ;ociated equipment including but not limited to GPS clocks, antenna system, :order/player and decoder; i/istallation of the transmitters and associated equipment; :l training on the operation and use of the Broadcast System. The transmitters are to be be placed as follows: One master Iow-power AM radio transmitter within the boundaries of College Station One master low-power AM radio transmitter within the boundaries of Bryan One master low-power AM radio transmitter and two synchronized low-power AM radio transmitters in Brazos County outside the boundaries of College Station and Bryan. .e Broadcast System will support signage that flashes when the system is activated ring an emergency. College Station, Bryan and the County will purchase, install and tintain road signage as determined by each entity. Any party may determine that it will use said road signage. lege Station, Bryan and the County each may purchase additional synchronized low- wer AM radio transmitters to be placed within that party's jurisdiction to include the transmitter, associated equipment and installation under the terms of this Agreement. ch additional equipment will be considered part of the Broadcast System for the rposes of this Agreement. )WNERSHIP, OPERATION AND MAINTENANCE OF THE SYSTEM ch party will retain ownership of the equipment purchased by that entity under the ms of this Agreement. College Station, Bryan and the County will each operate all uipment that is placed within their respective boundaries. qO. l: lO.'I ll.'I a n 12. ~I 0 b 13. C 14. (: Contract 07/23/04 1: azos County Emergency Communications District, in cooperation with College $ ~tion, Bryan and the County, will provide long term maintenance for the equipment p rchased by the District. College Station will provide day to day maintenance and i~ ;pections for the equipment purchased by the District and located within the boundaries c College Station. Brazos County Emergency Communications District, through its e isting communications contracts, will provide day to day maintenance and inspections t~ : the equipment purchased by the District and located within the boundaries of Bryan a cl Brazos County. College Station, Bryan and the County will each maintain all other l: oadcast System equipment within their respective boundaries. £ dlege Station, Bryan and the County wilt provide locations, including AC power and t~ ephone/BVCnet connections, for all equipment. Proposed initial locations are, College S ~tion Fire Station 1, College Station Fire station 3, Bryan Fire Station 1, Kurten VFD S ~tion 1, South Brazos County VFD Station 4, and one (1) undetermined County h :ation. h tial FCC licensing shall be completed by the vendor. Three separate AM radio b )adcast FCC licenses will be acquired so that College Station, Bryan and the County n ty each operate the Broadcast System in their area separately. College Station, Bryan afl the County shall each maintain proper licensing of the transmitter(s) located within tl fir respective boundaries. Licenses shall be posted at transmitter sites in accordance · ~ th FCC regulations. A copy of all licenses shall be maintained by Brazos County aergency Communications District. e parties agree that Brazos County Emergency Communications District shall be ponsible for the management of the Broadcast System. College Station, Bryan and the unty will be responsible for the day to day operation of the Broadcast System. e parties agree that in time of emergency within any jurisdiction, personnel given :hority by the Brazos County Low Power AM Radio Emergency Advisory System aunittee, as defined below, may link all transmitters to provide community emergency brmation The party making the emergency link will return the Broadcast System to rmal operations, when the emergency has passed. e parties agree to designate and maintain at least two (2) individuals trained in the eration, programming and maintenance of the Broadcast System. Initial training will )rovided by the vendor. lege Station, Bryan and the County will provide non-emergency programming, lowing established FCC guidelines. ollege Station, Bryan and the County will further fulfill FCC requirements of aouncing station identification (frequency, station call letters, jurisdiction) at least two times per hour. [O. 15. 16. addition to identifying its own station, each jurisdiction will end each broadcast by promoting the stations of the other two jurisdictions, thereby emphasizing the ,llaboration for purposes of emergency notification and community awareness. parties agree to form a Brazos County Low-Power AM Radio Emergency Advisory committee to review operations. This committee will meet as needed, but not than once per year. This committee shall meet within thirty (30) calendar days of emergency activation, for positive critique purposes. The Emergency Management )ordinator for each party or their designees shall serve on this committee and Brazos )unty Emergency Communications District shall serve as the facilitator of this 17. 18. 19. 20. 21. 22. 23. P agencies may join this system with mutual consent of all existing parties and upon of this Agreement by the joining party. Party shall have the right to direct or control the conduct of the other Party with ~ect to the duties and obligations of each party under the terms of this Agreement. entity shall ensure that all applicable laws and ordinances have been satisfied. Date and Term. This Agreement shall be effective when signed by the last whose signing makes the Agreement fully executed and will remain in full force effect until September 30, 2005. This Agreement shall automatically renew for one-year terms unless sooner terminated in accordance with the provisions of s Agreement. The conditions set forth herein shall apply to the initial term and all Notwithstanding this provision, any party may modify or terminate this as provided in Paragraph(s) 121 or 122. The terms and conditions of this Agreement may be modified upon the consent of all parties. Mutual consent will be demonstrated by approval of each body of each party hereto. No modification to this Agreement shall be and binding unless and until it is reduced to writing and signed by duly representatives of all parties. from Participation. Termination of participation in this Agreement by a or parties shall not affect the continued operation of this Agreement between and the remaining parties and this Agreement shall continue in force and remain on the other parties. Any party may remove itself from this Agreement with or cause, upon thirty (30) calendar days written notice to all other parties in with Paragraph 27 herein. ,on termination from participation, ownership and management of the System located in the withdrawing party's jurisdiction shall revert or remain with the originally purchasing the equipment. Contract 07/23/04 -4- 24. I tl P 0 a ti P 25. C r~ 26. IJ ir pi ~.i27. ¥ dl li: C C B Contract 07/23/04 'DEMNIFICATION: Subject to the limitations as to damages and liability under Texas Tort Claims Act, and without waiving its governmental immunity, each rty to this Agreement agrees to hold harmless each other, its governing board, icers, agents and employees for any liability, loss, damages, claims or causes of Iion caused, or asserted to be caused, directly or indirectly by any other party to Agreement, or any of its officers, agents or employees as a result of its rformance under this Agreement. )NSENT TO SUIT: Nothing in this Agreement will be construed as a waiver or inquishment by any party of its right to claim such exemptions, privileges and mnnities as may be provided by law. ~aliditv. If any provision of this Agreement shall be held to be invalid, illegal, or mforceable by a court or other tribunal of competent jurisdiction, the validity, legality I enforceability of the remaining provisions shall not in any way be affected or · 3aired thereby. The parties shall use their best efforts to replace the respective ,vision or provisions of this Agreement with legal terms and conditions approximating original intent of the parties. :itten Notice. Unless otherwise specified, written notice shall be deemed to have been y served if delivered in person or sent by certified mail to the business address as ed herein. y of College Station: City Manager City of College Station P.O. Box 9960 College Station, Texas 77842 y of Bryan: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 ~zos County: County Judge Brazos County 300 East 29th Street, Suite 114 Bryan Texas 77803 Oo 28. F a a o 29, 3 a P 30. 1 tl 31.~ ( 32. 3 a P P O 33. ~ h e e o 34. 3 t~ 35.3 a 36. 1~ P Contract 07/23/04 'azos County Emergency Communications District: Executive Director Brazos County Emergency Communications District PO Box 911 Bryan Texas 77806 itire Agreement. It is understood that this Agreement contains the entire agreement tween the parties and supercedes any and all prior agreements, arrangements, or derstandings between the parties relating to the subject matter. Nor oral derstandings, statements, promises, or inducements contrary to the terms of this greement exist. This Agreement cannot be changed or terminated orally. No verbal reement or conversation with any officer, agent, or employee of any party before or er the execution of this Agreement shall.affect or modify any of the terms or ligations hereunder. nendment. No Amendment to this Agreement shall be effective and binding unless :1 until it is reduced to writing and signed by duly authorized representatives of both rties. xas Law. This Agreement has been made under and shall be governed by the laws of State of Texas. tee of Performance. Performance and all matters related thereto shall be in Brazos ,unty, Texas, United States of America. ithority to Enter Contract. Each party has the full power and authority to enter into :1 perform this Agreement and the person signing this Agreement on behalf of each ay has been properly authorized and empowered to enter into this Agreement. The csons executing this Agreement hereby represent that they have authorization to sign behalf of their respective governments or special districts. aiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall no way constitute a waiver of that provision, nor in anyway affect the validity of this ;reement, any part hereof, or the right of either party thereafter to enforce each and :ry provision hereof. No term of this Agreement shall be deemed waived or breach :used unless the waiver shall be in writing and signed by the party claimed to have .ived. Furthermore, any consent to or waiver of a breach will not constitute consent to waiver of or excuse of any other different or subsequent breach. reement Read. The parties acknowledge that they have read, understand and intend be bound by the terms and conditions of this Agreement. signment. This Agreement and the rights and obligations contained herein may not be ;igned by any party without the prior written approval of the other parties to this reement. fltii~le Orieinals. It is understood and agreed that this Agreement may be executed in humber of identical counterparts, each of which shall be deemed an original for all rposes. EXECU' OF COI ATTES'] CONNII City Sec~ STATE COUN~ ED this the ~EGE STATION. HOOKS tary TEXAS § § OF BRAZOS § By: day of , 2004 by CITY CITY OF COLLEGE STATION RON SILVIA Mayor APPROVED AS TO FORM: City Attorney ACKNOWLEDGEMENT B on this d: to be the that he e therein st G Contract i 'o. 07/23/04 FORE ME, the undersigned authority, a Notary Public in and for the State of Texas, r personally appeared RON SILVIA, Mayor of College Station, Texas, known to me erson whose name is subscribed to the foregoing instrument and acknowledged to me ecuted it for the purposes and consideration therein expressed, and in the capacity :ed. ~rEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 2004. day of Notary Public, State of Texas My Commission Expires: -7- EXEC[ OF BR3 day of ATTES' Mary L'. City Sec STATE COUNI £ on this d be the p that he { therein s Contract 70. 07/23/04 7ED this the ~N. CITY OF BRYAN ERNIE WENTRCEK Mayor By: APPROVED AS TO FORM: ~n Strata ~tary TEXAS § § Or BRAZOS § City Attorney ACKNOWLEDGEMENT ,2004 by CITY Notary Public, State of Texas My Commission Expires: VEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 2004. day of FORE ME, the undersigned authority, a Notary Public in and for the State of Texas, ~ personally appeared ERNIE WENTRCEK, Mayor of Bryan, Texas, known to me to 'son whose name is subscribed to the foregoing instrument and acknowledged to me :ecuted it for the purposes and consideration therein expressed, and in the capacity ted. E BRAZO ATTES'] Karen County [ECUTED this the _.:~r_ p/'L COUNTY. day of '-~-"(.x. [7 By: APPROVED AS TO FORM: ~ueen~ 0~,~ ~ Counsel ,2004 by STATE F TEXAS § § OF BRAZOS § ACKNOWLEDGEMENT B: on this to me to to me capacity ME, the undersigned authority, a Notary Public in and for the State of Texas, personally appeared RANDY SIMS, County Judge of Brazos County, Texas, known the person whose name is subscribed to the foregoing instrument and acknowledged he executed it for the purposes and consideration therein expressed, and in the stated. Contract 07/23/04 SEAL OF OFFICE this , A.D. 2004. day of Notary Public, State of Texas ~7 My Commission Expires: ~/.~O(_.~ Oo this the COUNTY. day of , 2004 by BRAZOS COUNTY COMMUNICATIONS DISTRICT EMERGENCY By: RONALD G. MAYWORM Chairman, Board of Managers ATTES~. APPROVED AS TO FORM: Ernie Board of Managers Counsel for Brazos County Emergency Communications District STATE on this known and in ,F TEXAS § § OF BRAZOS § ACKNOWLEDGEMENT ME, the undersigned authority, a Notary Public in and for the State of Texas, personally appeared RONALD G. MAYWORM, Chairman, Board of Managers, me to be the person whose name is subscribed to the foregoing instrument and ed to me that he executed it for the purposes and consideration therein expressed, therein stated. UNDER MY HAND AND SEAL OF OFFICE this ., A.D. 2004. day of Notary Public, State of Texas My Commission Expires: Contract 07/23/04 Texas Dept of Fa ily and Protective Si /ices Federal Reg (DFPS) to d( for debarme~ has accepte( for each of it: tier participa~ Instruction., By signing ~ certification 1. The certil when thi.~ participar Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Form 2046 May 2004 =or Certification i~d submitting this proposal, the prospective lower tier participant is providing the ~et out below: :ation in this clause is a material representation of fact upon which reliance was placed :ransaction was entered into. If it is later determined that the prospective lower tier knowingly rendered an erroneous certification, in addition to other remedies available to the FedeI~l Government, the department or agency with which this transaction originated may pursue a~ilable remedies, including suspension and/or debarment. II 2. The proslp~Ctive lower tier participant shall provide immediate written notice to the person to which this prop(~l;al is submitted if at any time the prospective lower tier participant learns that its certificati~ was erroneous when submitted or has become erroneous by reason of changed circumsta~r~ces, whether the circumstances occur before the contract begins, during the term of the contract, ~r during the term of an extension of the contract. II 3. The term~.tcovered transaction, debarred, suspended, ineligible, lower tier covered transaction, participa~ person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in tl~i~ clause, have the meaning set out in the Definitions and Coverage sections of federal rules imple~menting Executive Order 12549. You may contact the person to which this proposal is submittecllor assistance in obtaining a copy of those regulations. H 4. The prosl~ctive lower tier participant agrees by submitting this proposal that, should the proposed covered t !~nsaction be entered into, it shall not knowingly enter into any lower tier covered transacti¢ r~ with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred transacti¢ Do you [] Yes 5. The pros[ this claus, Exclusion transacti~ 6. A particil: lower tier 9.4, deba~ knows th~ which it d~ the List of ;uspended, declared ineligible, or voluntarily excluded from participation in this covered unless authorized by the department or agency with which this transaction originated. ,e or do you anticipate having subcontractors under this proposed contract? ~ No ,~ctive lower tier participant further agrees by submitting this proposal that it will include ~ltitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary .ower Tier Covered Transaction," without modification, in all lower tier covered s and in all solicitations for lower tier covered transactions. it in a covered transaction may rely upon a certification of a prospective participant in a 3vered transaction that it is not proposed for debarment under 48 CFR part 9, subpart ~d, suspended, ineligible, or voluntarily excluded from covered transactions, unless it the certification is erroneous. A participant may decide the method and frequency by ermines the eligibility of its principals. Each participant may, but is not required to, check )arties Excluded from Federal Procurement and Nonprocurement Programs. lations (45 CFR part 76) require the Texas Department of Family and Protective Services ermine whether each potential contractor has been debarred or suspended or proposed or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or a voluntary exclusion. Each covered contractor must also make the same determination covered subcontractors. Contractors and subcontractors are both referred to as lower :s in this Certification. Texas Dept of Fa and Protective S( Nothing records informat person ~r: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Form 2046 May 2004 ~ntained in the foregoing shall be construed to require establishment of a system of Itorder to render in good faith the certification required by this clause. The knowledge and )~ of a participant is not required to exceed that which is normally possessed by a prudent the ordinary course of business dealings. Except f¢ transactions authorized under paragraph 5 of these instructions, if a participant in a covered msaction knowingly enters into a lower tier covered transaction with a person who is propose( or debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntaril excluded from participation in this transaction, in addition to other remedies available to the Fede~'~l Government, the department or agency with which this transaction originated may pursue a,~J~ilable remedies, including suspension and/or debarment. Certification Tier Covere~ Indicate in th The pre princip~ volunta OR [] Where: certifica :legarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Transactions appropriate box which statement applies: pective lower tier participant certifies, by submission of this proposal, that neither it nor its is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation in this transaction by any Federal department or agency. :~e prospective lower tier participant is unable to certify to any of the statements in this tlon, such prospective participant has attached an explanation to this certification. Commi., ;ioners' Court of Brazos County Name of Contractor 17460~ 2003074031 Vendor ID Signature Randy Printed/Tyl Representative DFPS Contract No. (if applicable) Date ms County Judge ~d Name of Authorized Representative Title