Contract - TxDOT - 2/12/2015 CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
NON-CONSTRUCTION
ADVANCE FUNDING AGREEMENT
FOR AN
ON SYSTEM AND OFF SYSTEM
INTELLIGENT TRANSPORTATION SYSTEMS (ITS) DEPLOYMENT PROJECT
THIS AGREEMENT is made by and between the State of Texas, acting by and through the
Texas Department of Transportation (TxDOT), called the "State", and City of Round Rock and
Williamson County, acting by and through its duly authorized officials, called collectively the
"Local Governments."
BACKGROUND
Federal law establishes federally funded programs for transportation improvements to
implement its public purposes, including the Intelligent Transportation System Deployment
Program. Federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and Federal funds. The Texas
Transportation Commission passed Minute Order Number 108577& 108995 which provides for
development of and funding for the Project identified in this agreement. The Governing Body
of the Local Governments has approved entering into this agreement by resolution or
ordinance dated 5-et .. I.-, 2015, and Commissioners' Court meeting minutes dated
, 2015, which are attached to and made part of this agreement as Attachment A.
NOW THEREFORE, the State and the Local Governments agree as follows:
AGREEMENT
1. Period of the Agreement
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed. This agreement shall remain in effect until the close of ordinary
business on September 30, 2015.
2. Scope of Work
The Scope of Work is the Project as detailed in Attachment B, which is attached to and
made part of this agreement.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in Attachment C— Project Budget
Estimate, which is attached and made part of this agreement. The State will pay for
only those Project costs that have been approved by the Texas Transportation
AFA-AFA_Non-Construction Page 1 of 8 Revised 07/28/2014
2_-u(5--ZZA-2,
CSJ #0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
Commission. The State and the Federal Government will not reimburse the Local
Governments for any work performed before federal spending authority is formally
obligated to the Project by the Federal Highway Administration (FHWA). After federal
funds have been obligated, the State will send to the Local Governments a copy of the
formal documentation showing the obligation of funds including federal award
information. The Local Governments are responsible for one hundred percent (100%) of
the cost of any work performed under its direction or control before the federal spending
authority is formally obligated.
B. If the Local Governments will perform any work under this contract for which
reimbursement will be provided by or through the State, the Local Governments must
complete training before a federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled Local
Government Project Procedures Qualification for the Texas Department of
Transportation. The Local Governments shall provide the certificate of qualification to
the State. The individual who receives the training certificate may be an employee of
the Local Governments or an employee of a firm that has been contracted by the Local
Governments to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Governments have not designated a qualified individual to
oversee the Project.
C. The State will be responsible for securing the Federal and State share of the funding
required for the Project. If the Local is due funds for expenses incurred, these funds will
be reimbursed to the Local Governments on a cost basis.
D. The Local Governments will be responsible for all non-federal and non-state
participation costs associated with the Project, including any overruns in excess of the
approved local Project budget. If the State determines that additional funding by the
Local Governments is required at any time during the Project, the State will notify the
Local Governments in writing. The Local Governments shall make payment to the
State within thirty (30) days from receipt of the State's written notification.
E. The State will not pay interest on any funds provided by the Local Governments.
F. The Local Governments are authorized to submit requests for reimbursement by
submitting the original of an itemized invoice in a form and containing all items required
by the State no more frequently than monthly, and no later than ninety (90) days after
costs are incurred. If the Local Governments submits invoices more than ninety (90)
days after the costs are incurred, and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Governments for those costs.
G. Whenever funds are paid by the Local Governments to the State under this agreement,
the Local Governments shall remit a check or warrant made payable to the "Texas
Department of Transportation Trust Fund." The check or warrant shall be deposited by
the State in an escrow account to be managed by the State. These funds may only be
applied to the Project. Upon completion of the Project, the State will perform an audit of
the Project costs. Any funds due by the Local Governments, the State, or the Federal
Government will be promptly paid by the owing party. After final Project accounting, if
excess funds remain in the escrow account, those funds may be applied by the State to
AFA-AFA_Non-Construction Page 2 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
the Local Government's contractual obligations to the State under another advance
funding agreement with approval by appropriate personnel of the Local Governments.
H. If the Project has been approved for a fixed price or incremental payments under 43
TAC §15.52, Attachment C will clearly state the amount of the fixed price or the
incremental payment schedule. If the Local Governments are an Economically
Disadvantaged County and if the State has approved adjustments to the standard
financing arrangement, Attachment C will reflect those adjustments.
I. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this agreement or indirectly through a subcontract under
this agreement. Acceptance of funds directly under this agreement or indirectly through
a subcontract under this agreement acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
4. Termination
This agreement may be terminated:
A. By mutual consent of the parties;
B. By one party because of a material breach by the other party, in which case the
breaching party shall pay any costs incurred because of the breach;
C. By the State if the Local Governments elect not to provide its share of funding, in which
case the Local Governments shall pay for the State's reasonable actual costs during the
Project; or
D. If the project is inactive for thirty-six (36) months or longer and no expenditures have
been charged against federal funds.
5. Amendments
Amendments to this agreement shall be in writing and shall be executed by both parties.
6. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any default.
All legal remedies may be pursued by either party and shall be cumulative.
7. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
AFA-AFA_Non-Construction Page 3 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
Local Government: State:
City of Round Rock Williamson County Director of Contract Services
Mayor do County Judge Texas Department of Transportation
221 East Main Street 710 Main St., Suite 101 125 E. 11'h Street
Round Rock, TX 78664 Georgetown, TX 78626 Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this agreement. Either party may change the above address
by sending written notice of the change to the other party. Either party may request in
writing that notices shall be delivered personally or by certified U.S. mail, and that request
shall be carried out by the other party.
8. Legal Construction
If any provision in this agreement is for any reason held to be invalid, illegal, or
unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect
any other provision of this agreement. In that case, this agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been contained in it.
9. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party.
Each party is responsible for its own acts and deeds and for those of its agents, servants,
or employees.
10. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this agreement shall be
made available to the State without restriction or limitation on further use. All documents
produced or approved or otherwise created by the Local Governments shall be transmitted
to the State in the form of photocopy reproduction on a monthly basis as required by the
State. The originals shall remain the property of the Local Governments.
11. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules,
and regulations and with the orders and decrees of any courts or administrative bodies or
tribunals in any manner affecting the performance of this agreement. After receiving a
written request from the State, the Local Governments shall furnish the State with
satisfactory proof of its compliance with this Article.
12. Sole Agreement
This agreement supersedes any prior understandings or written or oral agreements
respecting the subject matter of this agreement.
AFA-AFA_Non-Construction Page 4 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
13. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable, and allocable to the Project.
14. Procurement and Property Management Standards
The parties shall comply with the procurement standards established in 49 CFR §18.36 the
property management standard established in 49 CFR §18.32.
15. Inspection of Books and Records
The parties shall maintain all books, documents, papers, accounting records, and other
documentation relating to costs incurred under this agreement and shall make those
materials available to the State and the Local Governments. If the agreement involves
federal funds, the same materials shall be made available to the FHWA, the U.S. Office of
the Inspector General, and their authorized representatives for review and inspection.
Records shall be maintained for four (4) years from the termination of this agreement or
until any related litigation or claims are resolved, whichever is later. Additionally, the State,
the Local Governments, the FHWA, and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
16. Civil Rights Compliance
The Local Governments shall comply with the regulations of the U.S. Department of
Transportation (DOT) as they relate to non-discrimination, 49 CFR Part 21 and
23 Part 200, and with Executive Order 11246, as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
17. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Governments shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Governments shall set an appropriate DBE goal consistent with the State's
DBE guidelines and in consideration of the local market, project size, and nature of the
goods or services to be acquired. The Local Governments shall have final decision-
making authority regarding the DBE goal and shall be responsible for documenting its
actions.
D. The Local Governments shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Governments shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of Transportation
(DOT)-assisted contract or in the administration of its DBE program or the requirements
of 49 CFR Part 26. The Local Governments shall take all necessary and reasonable
AFA-AFA_Non-Construction Page 5 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of
DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and
as approved by DOT, is incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the Local Governments of its failure to
carry out its approved program, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
F. Each contract the Local Governments signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this agreement, which may result in the termination of this agreement
or such other remedy as the recipient deems appropriate.
18. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension." By
executing this agreement, the Local Governments certifies that it and its principals are not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, and further certifies that it will
not do business with any party, to include principals, that is currently debarred, suspended,
or otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549. The parties to this contract shall require any party to a
subcontract or purchase order awarded under this contract to certify its eligibility to receive
federal funds and, when requested by the State, to furnish a copy of the certification.
19. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's
knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with federal contracts, grants, loans, or cooperative
AFA-AFA_Non-Construction Page 6 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
agreements, the signatory for the Local Governments shall complete and submit the
Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all sub-recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
20. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR
Part 170, including Appendix A. This agreement is subject to the following award
terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Governments agree that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more
than $25,000 in Federal funding. The SAM number may be obtained by visiting the
SAM website whose address is: https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows the federal government to track
the distribution of federal money. The DUNS number may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet on-line registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State
if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
21. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB
Circular A-133.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's
Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. The
expenditure threshold for fiscal years beginning prior to December 31, 2014 is
$500,000; the expenditure threshold for fiscal years beginning on or after December 31,
2014 is $750,000.
AFA-AFA_Non-Construction Page 7 of 8 Revised 07/28/2014
CSJ # 0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
C. If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Governments must submit a statement to TxDOT's Audit Office as follows:
"We did not meet the $ expenditure threshold and therefore, are not required to
have a single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Governments will be responsible for filing a report or statement as described above.
The required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have
been incurred within the current fiscal year.
22. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Governments in triplicate.
THE LOCAL GOVERNMENTS
OM/ /1- .
Sig6ature - Signature
Typed or Printed Name Typed or Printed Name
("4 d7j Itip - IVA�'�/�V•
Title ' / Title (V�
5/-.19-tea/f 2•12•l5
Date Date
THE STAT 0 F TEXAS
r.
Kenneth to
Director of Con(ct Services
Texas Department of Transportation
63/a /‘?-7-) ---
Date
AFA-AFA_Non-Construction Page 8 of 8 Revised 07/28/2014
CSJ #0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA-AFA_Non-Construction Page 1 of 1 Attachment A
RESOLUTION NO. R-2015-2242
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into a Non-Construction Advance
Funding Agreement for an On System and Off System Intelligent Transportation Systems (ITS)
Deployment Project ("Agreement") with the State of Texas, acting through the Texas Department of
Transportation,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City said
Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 12th day of February,2015.
() /2/7
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
(A.46(4-
SARA L. WHITE, City Clerk
0112.1504;0032849$
Agenda Page 1 of 18
Return
WILLIAMSON
COUNTY
1848
MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MI
JANUARY 27, 2015
STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(
BE IT REMEMBERED that at 9:36 A.M. on TUESDAY, JANUARY 27, 2015, a REGULAR S
Commissioners' Court of Williamson County, Texas, was held with the following being
Present: County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
County Clerk Nancy E. Rister
Staff Present:Hal C. Hawes, General Counsel to Williamson County Commissioners'
Stan O. Springerley, Assistant General Counsel to Williamson County
Carolyn Deibler, Deputy County Clerk
1. Review and approval of minutes.
Motion by: Commissioner Precinct 3 Valerie Covey
Second by: Commissioner Precinct 4 Ron Morrison
Motion: To approve the Minutes of the January 20, 2015 meeting.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
2. Consider noting in minutes any off right-of-way work on any County road
done by Road & Bridge Division.
No action was taken on this item.
3. Hear County Auditor concerning invoices, bills, Quick Check Report, wire
transfers and electronic payments submitted for payment and take
https://agenda.wilco.org/agenda_publish.cfm?disp_minutes=1132&disc minutes ln=5265... 2/24/2()15
Agenda Page 3 of 18
6. Acknowledge and enter into the official minutes of the Commissioner's Court
the hiring of employees by recently appointed 26th District Court Judge Donna
King.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 3 Valerie Covey
Motion: To acknowledge and enter into the official minutes of the
Commissioner's Court the hiring of employees by recently appointed 26th
District Court Judge Donna King.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
employee list
7• Discuss, consider and take appropriate action on authorizing the disposal of
various county assets through auction, including (31) Dell laptops, (68)
Panasonic Laptops, (9) Dell desktops, (68) Panasonic Toughbooks, (1)
Dell PowerEdge Server, (1) Polycom Conference Phone, (2) boxes of
various sizes hanging file folders, (8) keyboards, (2) Video Cards,
Miscellaneous Power Cables, (1) Sound bar, (3) Dell Speakers, (4) Toner
cartridges, (2) HP Printers, (17) USB Extension Cables, (!) Chair, (17) Irrigation
Controls, (1) White, 2006 Chevrolet C8500, (complete list attached) pursuant to
Tex. Local Gov't Code § 263.152.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 3 Valerie Covey
Motion: To authorize the disposal of various county assets through auction,
including (31) Dell laptops, (68) Panasonic laptops, (9) Dell desktops, (68)
Panasonic Toughbooks, (1) Dell PowerEdge Server, (1) Polycom Conference
Phone, (2) boxes of various size hanging file folders, (8) keyboards, (2) video
cards, miscellaneous power cables, (1) sound bar, (3) Dell speakers, (4) toner
cartridges, (2) Hewlett Packard(HP)printers, (17) Universal Serial Bus(USB)
extension cables, (1) chair, (17) Irrigation Controls, and(1) white 2006
Chevrolet C8500 (complete list attached);pursuant to Texas Local
Government Code§263.152.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Asset Change Forms for Auction
8. Discuss, consider and take appropriate action on authorizing the disposal of
various county assets through inter-office transfer including (14) Dell, (2)
httos://agenda.wilco.org/agenda publish.cfm?disp_minutes=1132&disp_minutes_ln=5265... 2/24/2015
Agenda Page 5 of 18
120114-123114 Refunds Over 2500
11. Discuss and consider appointing Jayson Swetnam to serve as Assistant
Veteran Service Officer for Williamson County Veteran Services, as required by
Texas Government Code Sec. 434.033.
Director of Veterans Services Donna Harrell addressed the Court.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 3 Valerie Covey
Motion: To appoint Jayson Swetnam to serve as Assistant Veteran Service
Officer for Williamson County Veteran Services;as required by Texas
Government Code §434.033.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
12. Discuss, consider and take appropriate action on approval of amended final
plat for the Lots B & D River Valley View Subdivision - Pct 2.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 3 Valerie Covey
Motion: To approve amended final plat for the Lots B & D River Valley View
Subdivision - Precinct#2.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Revised Final Plat - River Valley View Lots B & D
13. Discuss, consider and take appropriate action on approval of preliminary plat
for the Iron Oak Subdivision - Pct 2.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 3 Valerie Covey
Motion: To approve preliminary plat for the Iron Oak Subdivision - Precinct
#2.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Prelim Plat - Iron Oak
httns://aaenda.wilco.ora/agenda nublish.cfm?dish minutes=1132&dish minutes ln=5265... 2/24/2015
Agenda Page 7 of 18
Commissioner Precinct 4 Ron Morrison
17. Discuss, consider and take appropriate action on the Department of
Infrastructure projects and issues update.
Senior Director of Infrastructure Bob Daigh addressed the Court. No action was
taken on this item.
18. Discuss, consider, and take any necessary action for setting a public hearing
for Tuesday, February 24, 2015 at 10:00 am on a requested cancellation of Lot
10 of the Hidden Meadows of Liberty Hill subdivision, pursuant to Tex. Loc.
Gov't Code § 232.008(c) - Pct 2.
Senior Director of Infrastructure Bob Daigh addressed the Court.
Motion by: Commissioner Precinct 2 Cynthia Long
Second by: Commissioner Precinct 1 Lisa Birkman
Motion: To set the date of February 24, 2015 at 10:00 a.m. for a Public
Hearing on the cancellation of Lot 10 in Hidden Meadows of Liberty Hill.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
19. Discuss, consider and take appropriate action on a Contract for Engineering
Services between Williamson County and Baker-Aicklen & Associates, Inc.
relating to the CR 176 at RM 2243 Intersection/Safety Improvements project as
part of the 2013 Road Bond Program.
Senior Director of Infrastructure Bob Daigh addressed the Court.
Motion by: Commissioner Precinct 3 Valerie Covey
Second by: Commissioner Precinct 2 Cynthia Long
Motion: To authorize the County Judge to execute a Contract for Engineering
Services between Williamson County and Baker-Aicklen & Associates, Inc.
relating to the County Road(CR) 176 at Ranch-to-Market(RM)2243
Intersection/Safety Improvements project as part of the 2013 Road Bond
Program.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Baker Aicklen Engineering Services Contract for CR 176
20. Discuss and take appropriate action on a Real Estate Contract with Angeline
Cassens, Richard Nord and Katherine J. Strand, Trustee for ROW needed on
CR 119. (PARCEL 10)
Senior Director of Infrastructure Bob Daigh addressed the Court.
Motion by: Commissioner Precinct 4 Ron Morrison
httnc•//auencla wilcn_nru/a¢encta nnhlish_cfm?disn minutes=1 132&disn minutes 1n=5265... 2/24/2015
Agenda Page 9 of 18
Commissioner Precinct 4 Ron Morrison
Attachments:
Bell Letter of Term
23. Discuss, consider and take any appropriate action regarding contract
termination for Services Contract for Purchase, Installation and Maintenance of
Electronic Security/Integrated Solution System with with Stanley Convergent
Security Solutions, Inc. and authorize the County Judge to execute notice of
same.
Motion by: Commissioner Precinct 2 Cynthia Long
Second by: Commissioner Precinct 1 Lisa Birkman
Motion: To approve the termination of the Services Contract for Purchase,
Installation, and Maintenance of Electronic Security/Integrated Solution
System with Stanley Convergent Security Solutions, Inc. relating to the Panic
Bar at the Williamson County Juvenile Services Department; and authorize
Judge Gattis to execute notice of such termination.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Stanley Convergent Security Solutions Contract Termination
24. Discuss, consider and take any appropriate action regarding contract
termination for Services Contract for Purchase and Installation of Fire Alarm
Equipment for Juvenile Detention Center with SimplexGrinnell and authorize
the County Judge to execute notice of same.
Motion by: Commissioner Precinct 2 Cynthia Long
Second by: Commissioner Precinct 1 Lisa Birkman
Motion: To approve the termination of the Services Contract for Purchase
and Installation of Fire Alarm Equipment at the Juvenile Detention Center
with SimplexGrinnell;and authorize Judge Gattis to execute notice of such
termination.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
SimplexGrinnell Fire Alarm Equipment Contract Termination
25. Discuss and take appropriate action to approve the First Amendment To The
Williamson County Professional Services Agreement for Medical Direction of
EMS.
httns://agenda.wilcn.nrp/agenda nublish.cfm?disn minutes=1132&disc minutes ln=5265... 2/24/2015
Agenda
Page 1 1 of 1
Commissioner Precinct 4 Ron Mor '
28' Discuss and nson
Council Consider a
Count CgTRAC 2075 r°yin.. Ca.ital Area Trauma Re.Tonal Advisor
nt Prevention Pro'ect •artici•ation b
Director EMS for Child Passen
Court. of Emergency er Safet Williamson
Y Medical S
Motion by: Services (EMS) Kenny Schnell addressed the
Second Commissioner
Y� Co Precinct 3 Valerie Covey
Second To approve Commissioner Precinct 1 Lisa Birkman
ouncil
Motion C)20x5 Injury apital Area Trauma Regional Advisory
Emergency Medic prevention Project participation by Will amson County
Aye:Countal Services
y Judge (EMS) for Child Passenger Safety.
Commissioner PaeCjn'c�attis
Commissioner Precinct 2 Lisa nynBirkman
thCommissioner Precinct 3 Valerie Long
Commissioner Covey
29. Discuss Precinct 4 Ron Morrison
Motion p d COnsrder
Y: Commissioner •
a contract with Thomson Reuters.
Second by: mmissioner preci
nctSMotion:econd o Commissioner Precinct
2 Cynthia Long
Internet approveec'nct 1 Lisa Birkman
services a contract with Thomson Reuters to install Law L"bray
y
the Co es to two public
County Clerk's office in kiosks in the basement Research Library of
Aye:County Judge D the Justice Center,
Commissioner an A Gattis
Commissioner Precinct Precinct
1 Lisa Birkman
2 Cynthia Long
Commissioner Precinct 3
Attachments:
Precinct 4 Ro lerie Covey
ments: n Morrison
h
Thomson Reuters Contract
30. Discuss for Law t-ibrar- Kiosk
Count and advise as
Service Office for the status of donations made to the Williamson
Director of Veteransthe •
was takentiServices p ur•_ose of su . !
°n this s S Donna ort of the militar action
31. Harrell addressed the Court. No action
Tax Abatement
consider an
Abatemnni p d take appro ri
Tax Policy, which wasp ate action on the Williamson County
Attorney Ch previiously adopted on December 15,
action w Charlie Crossfield
as taken on this item.f Sheets ahoy Crossfield addressed the Court.
32. Discuss consider an No
amendment to d take an
S stem a Non-Construction
_ Tat ac-tion re•ardin. a.
® e ction Ad *royal of
pr n Off S stem
ct with TxD IntellI•eat. Tra ce urs din:. As,regiment for an On
OT to revise . c 'or-tat-don S stems e i Delo. rimer
ro girt ��� e. a�our�ts and eli.ible funding+
httr c'.
Agenda Page 13 of 18
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Kotrla Farm Lease
Bid Tab
Bid Totals
Recommendation
35. Discuss, consider and take appropriate action on awarding bids received for
Crack Seal Services, Bid# 15IFB103 to the lowest and best bidder— RHB
Construction and approving the Construction Service Agreement for execution.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 2 Cynthia Long
Motion: To award bids received for Crack Seal Services, Bid#15IFB103 to
the lowest and best bidder—RHB Construction and authorize the County
Judge to execute the Agreement for Construction Services.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
RHB Construction Agreement
Bid Tab Crack Seal Svc
Recommenation Letter
36. Discuss, consider, and take appropriate action on authorizing Purchasing
Agent to advertise and receive bids for IFB#15IFB111, Emulsions.
Interim Purchasing Director Kerstin Hancock addressed the Court.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 2 Cynthia Long
Motion: To authorize Purchasing Agent to advertise and receive bids for
Invitation for Bid(IFB) #15IFB111, Emulsions; with an initial contract term of
12-months and two 12-months extension options.
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
Attachments:
Emulsions
127,12..1ior, ')/7dr)(11S
Agenda Page 15 of 18
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
40. Discuss, consider and take appropriate action on an order declaring an
emergency and a grave necessity due to unforeseeable circumstances and
approve a budget amendment to acknowledge additional expenditures for Park
Donations.
Motion by: Commissioner Precinct 1 Lisa Birkman
Second by: Commissioner Precinct 2 Cynthia Long
Motion: To declare an emergency and a grave necessity due to
unforeseeable circumstances and approve a budget amendment to
acknowledge additional expenditures for Park Donations:
From/To Acct No. Description Amount
0100-0510-003670 Use of Donations, $1,756.00
Aye:County Judge Dan A. Gattis
Commissioner Precinct 1 Lisa Birkman
Commissioner Precinct 2 Cynthia Long
Commissioner Precinct 3 Valerie Covey
Commissioner Precinct 4 Ron Morrison
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 10:17 A.M. ON
TUESDAY, JANUARY 27, 2015.
41. Discussion regarding economic development negotiations pursuant to Texas
Government Code, Section 551.087:
a) Business prospect(s) that may locate or expand within Williamson County.
b) Discuss Pearson Road District.
c) Discuss North Woods Road District.
d) Discuss Kaufman Loop.
No action was taken in Executive Session.
42. Discuss real estate matters (EXECUTIVE SESSION as per VTCA Govt. Code
sec. 551.072 Deliberation Regarding Real Estate Property if deliberation in an
open meeting would have a detrimental effect on the position of the
governmental body in negotiations with third person.)
1. Proposed or potential purchase or lease of property by the County:
a) Discuss proposed acquisition of property for right-of-way for SH 195 0.805
South of Bell County Line to IH 35.
b) Discuss proposed acquisition of property for proposed SH 29 project.
c) Discuss proposed acquisition of property for right-of-way for future
parkland.
d) Discuss possible acquisition of property with endangered species for
mitigation purposes.
e) Discuss the acquisition of real property: Arterial H
f) Discuss the acquisition of real property: Inner Loop
q) Discuss the acquisition of real property: Neenah Blvd.
h) Discuss the acquisition of real property: Landfill properties (Chandler Rd.)
minn1-ac-1 1'27R>riicr. minntac in-c9Ac c ')/'fid/2n1 S
Agenda Page 17 of 18
m) Claims and potential litigation regarding Ronald Reagan Boulevard
North, Phase IV- Ranger Excavating, LP/Ramming Paving Company, LLC
n) Case No. 5:14-cv-0766-XR; Wickerham v. Waterman et al., In the United
States District Court for the Western District of Texas
No action was taken in Executive Session.
44. Deliberate the appointment, employment, evaluation, reassignment,
duties, discipline and/or dismissal of Williamson County officers,
directors, employees and/or positions, including but not limited to
conducting deliberation and discussion pertaining to annual reviews of
department heads and appointed officials (Executive Session as per Tex.
Gov. Code Section 551.074— Personnel Matters).
No action was taken in Executive Session.
COMMISSIONERS' COURT RECONVENED FROM EXECUTIVE SESSION AT 12:49
P.M. ON TUESDAY, JANUARY 27, 2015.
45. Discuss and take appropriate action regarding economic development.
No action was taken on this item.
46. Discuss and take appropriate action on pending or contemplated
litigation, settlement matters and other confidential attorney-client legal
matters, including the following:
a) Litigation or claims or potential litigation or claims against the County
or by the County
b) Status Update-Pending Cases or Claims;
c) Cause No. 06-453-C277; Kerry Heckman et al. v. Williamson County, et
al., In the District Court of Williamson County, Texas, 277th Judicial
District
d) Civil Action No.1:13- CV- 505, Robert Lloyd v. Lisa Birkman, et al., In
The United States District Court for the Western District of Texas, Austin
Division
e) Cause No. 13-0090-C26, Mathews v. Williamson County, In The District
Court of Williamson County, Texas, 26th Judicial District.
f) Employee/personnel related matters
g) Other confidential attorney-client matters, including contracts and
certain matters related to county defense issues in which the duty of the
attorney to the governmental body within the attorney/client relationship
clearly conflicts with Chapter 551 of the Texas Government Code.
h) Civil Action No. 1:11-cv-907, Sarah Doe et al. v. Jerald Neveleff et al., In
the United States District Court for the Western District of Texas Austin
Division
i) Mortgage Electronic Recording Systems (MERS) litigation.
j) American Arbitration Association # 70 110 Y 00385 13; Williamson
County, Texas v. Faulkner USA, Inc.
k) Cause No. 12-0721-C277; W. Paul Reed et al. v. Williamson County et
al.; In the District Court of Williamson County, Texas; 277th District Court
I) Cause No. 1:12-CV-011222LY; Lance Brown v. Williamson County,
Williamson County Sheriff's Office, Sheriff James Wilson and Shawn
Wilson in the United States District Court for the Western District of
Texas, Austin Division
lhttr‘c•//aaanrla xx,ilrn nra/ananrla nnhlich rfm9dicn minntec=1 117R,dicn miniitec 1n=5?65 7/74/7(115
CSJ #0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
SCOPE OF WORK
Williamson County shall furnish, install, implement, integrate, and maintain Computer Aided Dispatch
(CAD) software with the State's Center to Center (C2C) communication capability based on National
Transportation Communications For ITS Protocol (NTCIP).
Williamson County shall integrate the respective CAD systems for both Local Governments with
State's Center-to-Center infrastructure in order to electronically share roadway incident information.
Integration of these systems will provide information to Local Government dispatch center operators
resulting in more timely and more accurate responses.
Williamson County shall provide all CAD software training for both the City of Round Rock and the
State throughout the life of the project.
The City of Round Rock will furnish and integrate communications equipment (optical cable, network
terminating equipment) needed to support the exchange of information between CAD systems. The
communications and hardware equipment for the City of Round Rock will be installed at their
Computer Aided Dispatch Center, located (off system) at 2701 N. Mays Street, Round Rock, TX. The
communications and hardware equipment for Williamson County will be installed at their new facility
located (off system) at 911 Tracy Chambers Lane, Georgetown, TX. The communications and
hardware equipment to connect to TxDOT IH35 duct bank system will be (on system) at IH35, south
of SH45.
The Local Governments, with the assistance of TxDOT, will work together to provide a summary
report within 90 days of software and equipment implementation in order to evaluate the benefits of
the project.
AFA-AFA_Non-Construction Page 1 of 1 Attachment B
CSJ#0914-00-167 & 0914-00-192
District# 14
Code Chart 64#02100
Project: ITS Deployment Project
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE
Costs will be allocated based on 50% Federal funding and 50% State participation. The Local
Governments will then be responsible for 100% of the costs.
Total 1 Federal State City of Williamson
Description Estimated Participation Participation Round Rock County
Cost % Cost % Cost % Cost % Cost
FY01 CAD Software Integration $170,554 50% $85,277 50% $85,277 0% $0 0%° $0
Williamson County
Work Performed by State $0 50%
(Standard Plan) $0 50% $0 0% $0 0% $0
Work Performed by $5,000 50% $2,500 50% $2,500 0% $0 0% $0
Williamson County -Summary
Subtotal:Williamson County $175,554 50% $87,777 50% $87,777 0% $0 0% $0
FY03 Communication Integration City $50,447 50% $25,224 50% $25,224 0% $0 0% $0
of Round Rock
Work performed by $5,000 50% $2,500 50% $2,500 0% $0 0%° $0
City of Round Rock-Summary
Subtotal: City of Round Rock $55,447 50% $27,724 50% $27,724 0% $0 0% $0
Direct State Costs 3% $6,930 0% $0 100% $6,930 0% $0 0% $0
Indirect State Costs 7.27% $16,794 0% $0 100% $16,794 0% $0 0% $0
TOTAL $254,725 45% $115,501 55% $139,224 0% $0 0% $0
Local Government's Participation=$0
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
AFA-AFA_Non-Construction Page 1 of 1 Attachment C