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Home My WebLink About2007-07-03-9:00AM-REGULARl BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA 5: 02 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 3 JULY 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 19: 3. Budget Amendment 06/07 -34.1 thru 06/07- 34.11. 4. Personnel Change of Status. 5. Acceptance of a Special Warranty Deed from Lawrence S. Ford and wife Julie H. Ford for improvements to Harris Lane located in Precinct 2. 6. Payment of Claims. 7. Memorandum of Understanding between the Brazos County Juvenile Board and the Bryan, College Station and Navasota Independent School Districts establishing the duties and responsibilities of each entity regarding the Brazos County Juvenile Justice Alternative Education Program for the 2007 -2008 school year. 8. Commercial Services Agreement with Suddenlink for cable services to the Sheriff's Administration Building. Office of the County Judge • 300 EasvOLSt._ * eSnuii 1q nrt Bryan, Texas 77803 • Fax: (979) 361 -4503 Commissioners Court Agenda 3 July 2007 Page 2 9. Tax Resale Deed in the amount of $6,475.79 to be paid by Frank Pena, Jr. for property located at Lot 10, Block 6, Hanus Addition, City of Bryan, Brazos County, Texas. 10. Request from Tommy Munoz, Justice of the Peace, Precinct 2 Place 2, for use of the JP Security Fund to bring an existing alarm system in his office building back on line and for the monthly monitoring fee; total request: approximately $1,344.64. 11. Tax Refund Applications for the following: a. Classic Cuts b. Country Village MHC (3) c. David R. Dugger (2) d. Robert James, Jr. e. Ruby Mare Wilson McMahon f. Wanona Randolph g. Douglas Mitchell Smith h. Jared Robert A. Smith i. Mary Stevenson 12. Commissioners Court minutes for the following 2007 dates: a. 1 May Regular Meeting d. 15 May Regular Meeting b. 8 May Regular Meeting e. 22 May Regular Meeting c. 14 May Workshop f 29 May Regular Meeting 13. Treasurer's Report for the month of May 2007. 14. Permission to reject all bids received for RFP 2007 -037, Contractor for Brazos County Administration Building. 15. Permission to advertise and re -bid for Contractor for Brazos County Administration Building. 16. Requisition 00014456 to the Software Group, Inc. for the capital purchase of a document imaging scan station for the Sheriff's Office. 17. Request from The 7711 Corporation to construct a road bore for a 3 -inch gas pipeline in the right of way of Old Reliance Road approximately 1,660 ft. from its intersection with Wallis Road. Site is located in Precinct 2. 18. Acceptance of a Special Warranty Deed from Marshall Bookman Peters individually and as Trustee of The Marital Trust created under the will of Patricia Stehr Peters, admitted to probate on 20 April 1995 for improvements to Scott Lane located in Precinct 2. 19. Payment authorization in the amount of $525.00 for an expert witness used by the District Attorney's Office in a sexual assault case. A purchase order was not obtained in advance 20. Acknowledgement of receipt of the Fixed Asset Listing, in accordance with Local Government Code 262.011(i). VOL 9� PAGE 3 Commissioners Court Agenda 3 July 2007 Page 3 21. Acknowledgement of the Monthly Reports submitted in June 2007. These reports are available for review in the County Judge's Office. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To ^lake arrangements, call (979) 3614102. VOL CI (e PAGE I ct COMMISSIONERS' COURT REGULAR MEETING JULY 3, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, July 3, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1,Absent; 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 sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -34.1 through 34.11 that would reallocate funds for the County Attorney's Office, Road and Bridge Department, 272 °d District Court, Sheriff, HAVA, Information Technology Department; transfer funds from Contingency to Human Resources Department, County Clerk- Elections, from Juvenile Services TYC Parole to Juvenile Services Detention; record donated property for the Vol 9 ( Page 115 Commissioners Court meeting July 3, 2007 2 Sheriff's Office, and correct the budget of the Courthouse Security Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Cauley moved to approve. Commissioner Peters seconded the motion. Commissioners Peters, Mallard and Cauley voted "Aye ". The County Judge voted "No" saying he was opposed to a two step increase. The motion carried. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Harris Lane in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Lawrence S. Ford and wife Julie H. Ford for the expansion and improvements to Harris Lane. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7032766 through 7032987 Vol 9 Ce Page `� (� Commissioners Court meeting July 3, 2007 3 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a Memorandum of Understanding (MOU) concerning the Brazos County Juvenile Justice Alternative Education Program for the 2007- 2008 School Year. Chapter 37 of the Texas Education Code requires that all counties with a population greater than 125,000 establish and operate a Juvenile Justice Alternative Education Program for youth who are expelled from school. The term of the MOU is from the effective date of the signing by all parties involved through July 31, 2008. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Memorandum of Understanding. A copy is attached. The Court next considered entering into a Commercial Services Agreement with Suddenlink for cable services to the Sheriff's Administration Building. Cost to Brazos County will be $3,600.00 in addition to the $89.99 monthly charge. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into a Commercial Services Agreement with Suddenlink. A copy is attached. On motion by Commissioner Cauley, seconded by Vol 9 � - Page 110 Commissioners Court meeting July 3, 2007 4 Commissioner Peters, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Frank Pena, Jr. - Lot 10, Block 6, Hanus Addition, City of Bryan, Brazos County, Texas. The next matter before the Court was a request from Justice of the Peace, Precinct 2, Place 2, Tommy Munoz for use of the JP Security fund to bring an existing alarm system in his office building back on line and for the monthly monitoring fee. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda due to the fact that the office will be moving to the County Administration Building within a year or two and the company is requesting a three (3) year contract. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Classic Cuts, over payment $11.56 b. Country Village MHC, (3) over payment $45.79. $39.52, $188.99 c. David R. Dugger (2), over payment $18.26, $10.25 d. Robert James, Jr., over payment $122.35 e. Ruby Mare Wilson McMahon, over payment $12.78 f. Wanona Randolph, over payment $49.18 g. Douglas Mitchell Smith, over payment $138.87 h. Jared Robert A. Smith, over payment $36.00 i. Mary Stevenson, over payment $8.13 Vol 6t � Page M Commissioners Court meeting July 3, 2007 5 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in May 2007 on the following dates: Regular Meetings - 19t, 8th 15th 22nd 29th Workshop Meeting - 14th On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for May 2007. A copy is attached to and made a part of these minutes. The next matter before the Court was a request from the Purchasing Department for permission to reject all bids received for RFP 2007 -037, Contractor for Brazos County Administration Building. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to remove this from the agenda. The Court next considered a request from the Purchasing Vol q l Page Lq9 Commissioners Court meeting July 3, 2007 6 Department for permission to advertise and re -bid for a Contractor for the County Administration Building. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. The next matter before the Court was consideration of requisition 00014456 to the Software Group in the amount of $12,998.00 for a Document Imaging Scan Station for the Sheriff's Office. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered the request from The 7711 Corporation to construct a road bore for a 3 inch gas pipeline in the right -of -way of Old Reliance Road approximately 1,660 feet from its intersection with Wallis Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from the 7711 Corporation and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Scott Lane in Precinct 2. The County Judge moved to accept the Special Warranty Deed. Vol 9 � Page )-oo Commissioners Court meeting July 3, 2007 7 Commissioner Mallard seconded the motion. Commissioners Mallard, Cauley and the County Judge voted "Aye ". Commissioner Peters abstained because he is related to Mr. Marshall Bookman Peters and to the late Patricia Stehr Peters. The Court authorized the County Judge to accept on behalf of Brazos County a Warranty Deed from Marshall Bookman Peters Individually and as Trustee of the Marital Trust created under the Will of Patricia Stehr Peters for the expansion and improvements to Scott Lane. The next matter before the Court was consideration of a payment authorization to Jenny Dalsing in the amount of $525.00 for expert witness testimony in a sexual assault of a child case. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Fixed Asset Listing, in accordance with Local Government Code 262.011(i). The Court acknowledged receipt of the Extension Service reports for May 2007 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Vol C (P Page ao I Commissioners Court meeting July 3, 2007 8 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. There was no citizen input and /or concerns. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended a good meeting yesterday concerning the new jail. There being no further business to come before the Court, the meeting was adjourned. Vol q 4 Page c2 oa The foregoing minutes of the Commissioners Court meeting held July 3, 2007 have been examined and are approved in open Court this the day of MDVe &,brr 2007, in Bryan, Brazos County, Texas. Duane Peters Commissioner, Precinct 2 abSp i' Carey Cauley, Jr. Commissioner, Precinct 4 Attest: cAi�L & L�5� /Kalren McQueen County Clerk Lloyd W ssermann Commissioner, Precinct 1 Kenny Mall Commissioner, Precinct 3 Vol '? � Page �0,3 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 I AT 6?, 0 2 )& ,4.zr� Name Organ ization /Dep ment 1 NN A' 6�� ! V6 alA 0 J s VOL %? PAGE a o4 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON (! -? 200? AT G �h 6,t 5, ° Name Organization /Dep ment r1, 00 ,. L ) Ajt L,� �l ,E cY4S�f,=l�2 VOL-2�_PAGE 2�5 :IT-3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-34.1 thru 06/07 -34.11 On this the 3rd day of July 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 The following proceedings were held: THAT WHEREAS, on 3 July 2007 the Court heard and approved a budget amendment for the 2006- 2007 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3`d day of July 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 0 Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL�PAGE Wd BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.1 7/3/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2200 51000200 80281000 CR Equipment - Electronic 8,000.00 2200 49028000 DR Transfer from General Fund 8,000.00 2201 51000300 65320000 DR Equipment Maintenance 229.00 2201 51000300 72680000 DR Security Services 93.00 2201151000300 80281000 1 DR Equipment - Electronic 7,678.00 22011 41048000 CR Fees - JP Pct.1 4,000.00 2201 41048200 CR Fees - JP Pct.2 -2 1,400.00 2201 41048300 CR Fees - JP Pct.3 1,900.00 2201 41048400 CR Fees - JP Pct.4 400.00 2201 45010000 CR Interest - Accounts 300.00 JP Security Fund: To correct the budget of Courthouse Securit Fund and chan a it to the JP Security Fund based on the actual collection du ng the year. VOL %PAGE a07 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.2 7/3/2007 1 11 - '.1 111 -m �• • � - �- 1 11 :111 11 .11 1111 -m �• -• ••- • .: •1 � - 1 11 :111 11 . 1 1111 _� �••. • • •• II- -_ -_ • .. .. • • •• • • • • '•• •� - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.3 7/3/2007 MM .................. "� 9 ti 1 va :� X44 R VOL '4 RASE a2D l 1 11 :111 11 ' 11111 -m 1 1 � 11 1 11 :111 11 � . 1111 1• � 11_ MM .................. "� 9 ti 1 va :� X44 R VOL '4 RASE a2D l BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.4 7/3/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 67211000 CR Software 4,000.00 0100 56001000 67670000 DR Printers 4.000.00 V0 I I To reallocate funds for the nurchase of a new GIS Drinter recommended by IT. I I 0. VOL 76 �2Jd BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.5 7/3/2007 VOL 0/� PAGE 211 1 11 11 11 .1 1111 -m ••- - .� � 11 11 1 11 11 11 � •'1111 -m �- .- � 11 11 1 11 11 11 � 1111 -� • - � - - -- � 1 11 11 11 11111 -m • - - 11 11 1 11 11 11 '11111 -m • �• �- 1 11 1 111 . Iltl -� • • 11 11 VOL 0/� PAGE 211 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.6 7/3/2007 VOL �6 PAGE � �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06107 34.7 7/3/2007 VGL_fLPAGE PI3 1 11 11 11 1111 -m • :-� 111 11 1 11 111 11 . 11111 �' 1111- 1 VGL_fLPAGE PI3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.8 7/3/2007 FD I DIV I ACCT I PROJ IDR/CRI ACCOUNT NAME I Increase I Decrease 10100131010001 71500000 1 1 CR I Rental -Equipment 1,650.00 101001310002001 67281000 1 1 DR I Equipment -Electronic 1 1,650.00 To move funds from the Juvenile's TYC Parole Division to its Detention Division for the purchase of five new touch probes for the room check system. VUL Rye PAGE �2 14 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.9 7/3/2007 FD I DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30001 212100 1 61450000 CR Miscellaneous Expenditure 600.00 30001 212100 1 65320000 DR Equipment Maintenance 600.00 30001 212100 1 61450000 CR Miscellaneous Expenditure 7,480.00 30001 212100 1 71502000 DR I Rental -Facility 7,480.00 HAVA - General Compliance: 1. ITo reallocate funds to cover the expense for the repair of 4 JBCs (Judges Booth Controllers). 2. ITo reallocate funds to cover the mo hly rent of the election equipment warehouse from June Ito September, 2007. ►u: 9� r� „�.c CIS # 4s k$ sc ►u: 9� r� „�.c CIS BRAZO'S COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 34.10 7/3/2007 ffm��Wxdnw M " I 1 ' 1 11 11 111 1111 -m ' '' :11 11 - 1 11 11 111 '1111 -m Office Supplies 1 X11 11 - VOL 7� PAGE a I � Jun 28 07 08:42a Brazos County Treasurer 979 - 361-4347 p.l irgioed Byt BRAZOS COUNTY, TEXAS BUDGET AMENDMEWS No. 06/07 - 34.11 f lrl ...._..... -R C. N. CA.LQwr[.(, id' Approved *': 688/2007 Date: J VOL'?(,,j PAGE ) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 3, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Requests Department Submitting Employee Name Action Requested Request(s) I. T. Motekaitis, Bronius Resignation Justice of the Peace Pct. 2 -1 Robison, Kay Resignation Shilling, Carmelita Promotion Juvenile Services Albarado, Christopher Step Increase Benavidez, Heriberto Step Increase Box, Gary Step Increase Densey, Christopher Step Increase Dillon, Jeffrey Step Increase Eichinger, Larry Step Increase Farmer, Sarah Step Increase Figueroa, Jose Step Increase Heard, Shenita Step Increase Hightower, Joselyn Step Increase Hurly, Joe Step Increase Linder, Harmony Step Increase Person, Robert Step Increase Robinson, Leonard Step Increase Tyler, Kandice Step Increase Warren, Brittany Step Increase Road & Bridge Weeks, Edward N. New Hire S.O. /Jail Robinson, Eric Resignation Approved in Commissioners' Court: July 3, 21 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 9(y PAGE ?19 MEMORANDUM OF UNDERSTANDING REGARDING THE BRAZOS COUNTY JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM FOR THE 2007 -2008 SCHOOL YEAR This Memorandum of Understanding ( "MOU ") is entered into between the Brazos County Juvenile Board ( "BCJB "), the Bryan Independent School District ( "BISD "), the College Station Independent School District ( "CSISD "), and the Navasota Independent School District ( "N.I.S.D.). I. Background 1.1 Chapter 37 of the Texas Education Code requires that all counties with a population greater than 125,000 establish and operate a Juvenile Justice Alternative Education Program ( "JJAEP ") for youth who are expelled from school for the conduct described in Section 37.007(a), (d), or (e). 1.2 The Year 2000 Federal Census resulted in Brazos County exceeding a population of 125,000. The Brazos County Juvenile Board has created and operates a JJAEP for those students in Brazos County who are "MANDATORY EXPULSIONS" from public school for the conduct described in Section 37.007 (a), (d), and (e), Texas Education Code. II..Puroose 2.1 The purpose of this MOU is to set forth the duties and responsibilities of the BCJB, BISD, CSISD, and NISD in the Brazos County "MANDATORY JJAEP" becomes operational, and to comply with the requirement of Section 37.011 (m) of the Texas Education Code. III. Goals 3.1 The major goals for the Brazos County JJAEP in providing services for "MANDATORY EXPULSION" students are: (1) to provide a continuum of educational services; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate by law; (4) to impress upon the expelled student that there are progressive sanctions for misconduct in the public school setting; (5) to provide educational and placement options for the Brazos Countyjuvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. IV. Student Eligibility. Length of Stay. and Funding 4.1 STUDENT ELIGIBILITY: A student expelled from a school district must meet the following requirements to be served in the Brazos County JJAEP. A. The student must have been expelled by the school district for a MANDATORY EXPULSION offense listed in Section 37.007(a), (d), or (e) of the Texas Education Code, B. The school district must have notified the appropriate local law enforcement agency for the purpose of having an offense report filed regarding the alleged incident which is the basis of the expulsion. C. The investigating law enforcement agency must have made a formal referral of the case to the juvenile court if the offender was at least ten years of age, but not yet seventeen years of age at the time of the offense; or, referred the case to the appropriate criminal prosecutors office if the offender was seventeen years of age or older at the time of the offense. vot % PAGE -117 D. The JJAEP will not accept mandatory students if the prescribed legal procedures have not been followed. 4.2 LENGTH OF STAY: A student who is administered MANDATORY EXPULSION during the school year shall attend the Brazos County JJAEP for the remainder of their expulsion period, or for the period of time the student is on juvenile court- ordered probation; whichever is earliest. As a matter of practicability, the juvenile court may take judicial notice of the student's length of expulsion, and order a disposition of probation no less than the student's period of expulsion. Additionally the expelling ISD shall graft the expulsion order to provide a termination date that will permit the student to re -enter the expelling ISD a the beginning of a grading period. If the student's release date occurs during the week of state - mandated testing, the student must remain at the JJAEP to complete tests. No student shall be released during the last week of the sending Districts semester. 4.3 FUNDING: JJAEP funding for a MANDATORY EXPULSION student's daily attendance is forwarded to the Brazos County Juvenile Board by the Texas Juvenile Probation Commission. Such funding is terminated by TJPC as soon as the student meets eligibility for return to their regular school; as described in 4.2 above. V. Curriculum. Credit and Academic Transition 5.1 As required by Section 37.011(d) of the Texas Education Code, Brazos County's JJAEP must provide a curriculum consisting of English language arts, science, mathematics, social studies, and self - discipline. The JJAEP is not required to provide a course necessary to fulfill a student's high school graduation requirement. Courses must be consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined by TEC 28.002 (c). 5.2 As required by Section 37.011(d) of the Texas Education Code, each school district shall consider course credit earned by a student attending the Brazos County JJAEP as a credit earned in a district school. 5.3 All general education course work, from the seventh grade through grade twelve, will be provided by the JJAEP. Any student required to attend the JJAEP that is enrolled on grade five or lower, the referring ISD is required to provide the course work for those students. 5.4 To assure the student's academic transition into the JJAEP, the student's home school district shall, immediately upon notification that a student has been ordered into the Brazos County JJAEP, forward to the JJAEP the following records: A. The student's current transcript; including all achievement test records. B. The student's current year report card. C. Withdrawal form containing all appropriate information. D. The student's Texas Assessment of Knowledge Skills (TAKS) summary. E. The student's Individual Educational Plan (IEP), Behavior Intervention Plan (BIP), and most recent ARD documents; including minutes. F. The student's behavioral manifestation determination. G. The student's immunization records. H. The student's current discipline records. I. Any other records that would normally be provided when a student transfers to another school district. The release of such school records shall be made part of the child's juvenile court disposition, and an appropriate order shall be signed by the juvenile court judge. 5.5 The JJAEP's educational program shall include a review process during which an assigned administrator and /or teacher, within a reasonable time after admission to the JJAEP, reviews VOL % PAu E 90-a i each student's progress with the student's parent or guardian, and prepares an Academic Transition Plan. The plan shall be reviewed periodically and address the student's educational needs. 5.6 The JJAEP's education component shall include English as a second language, ESL, for non English speaking students. 5.7 When an I.S.D. schedules an ARD as part of their process of a Mandatory Expulsion of a student, the school district shall notify the Brazos County Juvenile Services Department in advance, and allow a representative of the Juvenile Services Department and /or the JJAEP to attend the ARD meeting. VI. Student Transportation & Food Services 6.1 The family or guardian of any student assigned to Brazos County's JJAEP as a Mandatory Expulsion will be responsible for providing transportation to and from the JJAEP campus each day. This family responsibility may be made part of the child'sjuvenile court disposition, and an appropriate order may be signed by the juvenile court judge. 6.2 The Brazos County JJAEP shall provide a lunch meal for each student each school day the child is in attendance. VII. Responsibilities of the Brazos County Juvenile Board 7.1 To provide a building and utilities for the operation of the JJAEP. 7.2 To provide juvenile probation officer caseworker services for those children assigned to the JJAEP. Ratio 1:25. 7.3 To provide suitable teaching personnel for the delivery of educational services in the JJAEP. Ratio 1:24. 7.4 To provide adequate staff for the maintenance of discipline and safety at the JJAEP facility VIII. Responsibilities of Bryan, College Station, and Navasota I.S.D.s 8.1 In accordance with Section 37.010(a) of the Texas Education Code, no later than the second business day after a student has been administered a MANDATORY EXPULSION which ultimately requires the student to attend the Brazos County JJAEP, the school district's board of trustees' designee shall deliver a copy of the order expelling the student to the Chief Executive Officer of the Brazos County Juvenile Services Department. 8.2 In accordance with Section 37.010(a) of the Texas Education Code, any student who is expelled from school, but is not being detained by the juvenile court in the Brazos County Juvenile Detention Center, or who is not receiving treatment under an order of the Brazos County Juvenile Court, the expelled student must be enrolled in an educational program. 8.3 Reference a student, seventeen (17) years of age or older who is expelled for conduct committed on or after that student's 17'" birthday, the student's school district must have the expelled student enrolled in an educational program. 8.4 Reference a student who is expelled for an alleged offense which later results in: A. A refusal by the District Attorney's Officer to file a petition in juvenile court; B. A grand jury NO BILLS the case; or C. Ajudge or jury finds the student NOT GUILTY VOL 9 � PAGE as I Shall result in the school district allowing the return of the student to school. However the school district retains the authority to determine if the student will be returned to his or her previously assigned campus, or assigned to a school district AEP. IX. Administration of the Statewide Assessment 9.1 The Brazos County Juvenile Board shall be responsible for administering the statewide assessment to those students attending the MANDATORY EXPULSION JJAEP as required by TEC §39.023. X. Provision of Special Education Services 10.1 The Bryan ISD, College Station ISD, and Navasota ISD shall be responsible for providing all Special Education Services required by the Texas Education Code to their students attending the MANDATORY EXPULSION JJAEP. 10.2 Bryan ISD, College Station ISD, Navasota ISD, and the Brazos County Juvenile Board shall comply with Section 37.004 of the Texas Education Code as it relates to the operation of a JJAEP. XI. Method of Transition from JJAEP back to appropriate I.S.D. 11.1 At least three (3) weeks prior to a student returning to their appropriate ISD, representatives of the student's ISD and the JJAEP, as well as the student's assigned Juvenile Probation Officer, shall meet to make appropriate arrangements for the student's transition from the JJAEP back to their ISD. XII. Indemnitv 12.1 Only to the extent permitted by the Texas Constitution and other applicable Texas laws, but without waiver or expansion of any immunity from liability or limits to exposure established by the Texas Tort Claims Act, each party to this MOU will indemnify and hold harmless the other parties and their officers, employees and agents, from and against any and all claims proximately caused by negligence, breach or other act or omission by the indemnifying party or its officers, employees or agents. XIII. Miscellaneous 13.1 Consistent with the Texas Education Code and Title 3 of the Texas Family Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. 13.2 If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court of competentjurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof continue in full force and effect. 13.3 This MOU, together with the instruments heretofore incorporated by reference and the attachments hereto, contains the entire agreement between the parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party, that is not contained herein is of any force of effect. Any modifications to the terms hereof must be in writing and signed by all parties. 13.4 The individuals executing this MOU on behalf of the respective parties below represented to each other and to others that all appropriate and necessary action has been taken to VOL 7� PAGE�2a� authorize the individual who is executing this MOU to do so on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized to so, and such authorization is valid and effective on the date hereof. XIV. Term of the Memorandum of Understanding 14.1 The term of this MOU is from the effective date of the signing by all Parties involved through July 31, 2008. 14.2 Thereafter, renewal may be made on a year basis by mutual consent of the parties. 14.3 This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute butone and the same instrument. Chair, os County Juvenile Board Mike Cargill S erintenden ry S.D. Eddie Coulson Superintendent, College Station I.S.D. ennings I Superi dent, Navasota I.S.D. VOL I � PAGE aa3 41'29 O Date Dat U / Dat Date Budd gill lk" business Commercial I Federal Tax ID Number: 74- 6000433 Tax Exempt I �17Y Customer Information Authorized Customer Representative Information Legal Company Name: Brazos County Sheriff's Office Name: Randy Sims Service Street Address: 1700 Hwy 21 West Business Phone Number: 979- 361 -4101 G State ZI : Bryan, TX 77803 Business Fax Number: 979- 361 -4503 Requested Service Date: 8/15/2007 Additional Contact Number (optional): Billing Street Address: Brazos County Auditor's Office E -mail Address (optional): Street Address: 300 E. 260 Street Suite 314 City/State/Zip: Bryan TX 77803 Suddenlink Communications shalf provide the following Services and equipment and Customer agrees to pay t and charges set forth below: Customer Initials .. Service Descriptions Quantity Tenn Tota rvloe Charges Monthly Recurring /Access - Charge Non I2eACtivationne -time and Set-up Fees Expanded Basic Cable 7 outlets Month to Month $89.99 $3,600 Equlpment Description Quantity Unit Price Installation Fees Total Equipment ❑ Internet Services !Customer initials) P Mall Boxes T Name me R istration I I. 2. 1 2. ❑ Video ❑ Special Conditions Cable Charges are detailed as follows and are subject to change: Primary Outlet of Basic- $18.99 - Each Additional Outlet of Basic - $3.7506 Primary Outlet of Expanded- $26.00 - Each Additional Outlet of Expanded- 93.75N The undersigned represents that he /she Is the Customer or Is the Authorized Customer Representative Identified above and is authorized to sign this Agreement on behalf of Customer for the services In this Agreement. The undersigned further represents that the Customer Information and the Authorized Customer Representative Information is true and correct. This Agreement binds Customer to the Rates, Terms and Conditions of Service applicable to each of the services selected above, Including any termination penalties that may apply. Customer understands that regulated services selected above are provided by Cebndge Acquisition, LP dba Suddenlink Communications. All Services are subject to the Terms and Conditions on Pages 2 & 3 attached hereto. Internet, Data, Web Hosting and /or Web Conferencing, E -Mail Services, if selected by Customer, are subject to Acceptable Use Polities and Customer acknowledges receipt- signing below. The undersigned authorizes Suddenllnk Communications to check credit and this Agreement Is subject to credit approval. P listed not Indude app le taxes, fees, assessments or surcharges. Until this Agreement Is signed by Suddenlink Communications, it serves as a proposal may drawn anged at me by Suddenlink Communications. Suddenlink Communications will honor the prices in this proposal provided Customer delive gned ra to Su nllnk Communica ons within thirty days from the contract date above. Customer - Authorized Signature: Cebndge Acquisition, LP dba Suddenlink Communications. By: Randy Sims �— By: Title: County Judoe Title: Ken Conner, Vice President Suddenlink Communications Business Services Date: J!L .;� `/ Date: q -1 t / 1. payment Customer shall pay for all monthly service charges, plus one -time set -up, installation and /or construction charges. Suddenlink Communications may change video and music Service prices periodically during the Term of this Agreement. Unless stated otherwise herein, monthly charges for Services shall begin upon Installation of Service, and installation charges, If any, shall be due upon completion of installation. Any amount not recelved by the due date shown on the applicable bill will be subject to Interest or a late charge at the maximum rate allowed by law. If applicable to the Service, Customer shall pay sales, use, gross receipts, excise, access, universal service fund assessments, 911 fees, franchise fees, bypass or other local, state and Federal taxes or charges Imposed on the use of the Services. Taxes will be separately stated on the Customer's Invoice. No Interest shall be paid on deposits. 2. Service and Installation Suddenlink Communications shall provide Customer with the Services and Equipment identified on the first page of this Agreement; provided, however, If Suddenllnk Communications determines that Customer's location Is not serviceable under Suddenlink Communications' normal Installation guidelines, Suddenlink Communications may terminate this Agreement Customer Is responsible for damage to any Suddenlink Communications equipment. Customer may use the Services for any lawful purpose, provided that such purpose (a) does not interfere or Impair the Suddenlink Communications network, equipment or facilities and /or (b) complies with the applicable Acceptable Use Policies ( "AUP ") which are Incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the Services. Customer shall not make any connections to the equipment which are not expressly authorized in writing by Suddenlink Communications or permit tampering, altering or repair of the equipment by any person other than Suddenlink Communications' authorized personnel. Unless provided otherwise herein, Suddenllnk Communications shall use reasonable efforts to maintain the Services in accordance with applicable performance standards, however, Suddenllnk Communications shall have no responsibility for the maintenance or repair of facilities and equipment R does not furnish. For Suddenlink Communications Internet Services, bandwidth speed options may vary. Customer may not always receive or obtain optimal bandwidth speeds and Suddenlink Communications network management needs may require Suddenllnk Communications to modify upstream and downstream speeds. Use of the data, Interl web conferencing /web hosting Services shall be subject to the Suddenlink Communications AUP and the AUP. The AUPS may be amended from time to time during the Term of this Agreement. Customers continued use of the Services following an amendment shall constitute acceptance. Suddenlink Communications Is not responsible for the networks or facilities of third parties which may be necessary to provide Service. For video and music Services, Suddenlink Communications reserves the right to change channel line-up at any time. 3. Service Date and Term This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term set forth on the first page of this Agreement. Suddenlink Communications shall use reasonable efforts to make the Services available by the requested service date. Suddenlink Communications shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond Its control. 4. Customer Responsibilities Customer is responsible for arranging all necessary rights of access for Suddenlink Communications within the Customers premises, including space for cables, conduits, and equipment as necessary for Suddenlink Communications- authorized personnel to Install, repair, Inspect, maintain, replace or remove any and all facilities and equipment provided by Suddenlink Communications. Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism, and other casualty for Suddenlink Communications' equipment. Customer shall use the Services in compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third parties. If Customer engages in a public performance of any copyrighted material contained in any of the Services provided under this Agreement, the Customer, and not Suddenlink Communications, shall be responsible for obtaining any public performing licenses. Customer is responsible for ensuring that Customer's equipment Is compatible for the Services selected and with the Suddenlink Communications network. 5. Eauioment Unless otherwise provided herein, Customer agrees that Suddenlink Communications shall retain all rights, title and Interest to facilities and equipment Installed by Suddenllnk Communications there under and that Customer shall not create or permit to be created any liens or encumbrances on such equipment Internal Wiring shall not be considered equipment and shall become the property of Customer upon Initiation of Service. Suddenlink Communications shall install equipment necessary to furnish the video Services to Customer. Customer shall not modify or relocate equipment Installed by Suddenlink Communications or Install any other equipment, Including servers In connection with data / Intemst without the prior written consent of Suddenlink Communications. For Suddenlink Communications -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment in good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment Is not returned to Suddenllnk Communications In good condition, Customer shall be responsible for the value of such equipment. Suddenlink Communications shall repair any equipment owned by Suddenlink Communications at no charge to Customer provided that damage Is not due to misuse, abuse or other disaster Including acts of God. If additional equipment, including but not limited to, monitors, computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for such equipment. 6. Resale of Service Except for Web Hosting, Customer may not resell any portlon of the Service to any other party. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer's web hosting customers, if any. 7. Default If Customer falls to comply with any material provision of this Agreement, including, but not limited to failure to make payment as specified, then Suddenlink Communications, at Its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable law: (1) terminate service whereupon all sums then due and payable shall become Immediately due and payable, (11) suspend all or any part of Services, and /or (III) pursue any other remedies, Including reasonable attorneys' fees, as may be provided at law or In equity, including the applicable termination liabilities. 8. IP Address and Domain Name Registration Suddenlink Communications will allocate IP addresses to Customer according to InterNIC guidelines. All IP addresses assigned by Suddenlink Communications must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall be subject to the IP policy In the AUP. If Customer requests, Suddenlink Communications will register an available domain name on behalf of Customer, and such registration shall be subject to rules promulgated by the domain name registrar, which may be amended from time to time and are presently posted at Reglster.com htto, / /ulobaloartnernetwork websiteaalaxv com /seNicesaareemen[ html or Verlsign at htto: / /www.netsol.com /en US/legal/static-service aareement.Ihtml.CUStomer is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate video, data, Internet, web hosting and /or web conferencing Services before the end of the term selected by Customer on the first page of this Agreement; provided, however, If Customer terminates Service before the term selected by Customer (except for breach by Suddenlink Communications), or Suddenlink Communications terminates Services for Customers breach of this Agreement or the AUPS, Customer may be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied by the number of full months remaining in the Initial term commitment and Is due upon termination, After the initial term, this Agreement shall automatically renew on a month -to- month basis and shall be subject to terms of this Agreement. Any termination by Customer must be In writing. 10. LIMITATION OF LIABILITY. SUDDENLINK COMMUNICATIONS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL SUDDENLINK COMMUNICATIONS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. SUDDENLINK COMMUNICATIONS SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF SUDDENLINK COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL SUDDENLINK COMMUNICATIONS BE LIABLE FOR ANY SPECIAL H \NEW BUILDINGISuddeniink Brarm County Sheriff Cable Axreemenrdoc ®L � { PAGE 2 2 OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT. SUDDENLINK COMMUNICATIONS'S MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. Assianment Customer may not assign, in whole or in part, this Agreement without the prior written consent of Suddenlink Communications, which consent may be withheld In Suddenlink Communications' discretion. Suddenlink Communications may assign this Agreement and Service may be provided by one or more legally authorized Suddenlink Communications affiliates. 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND SUDDENLINK COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. SUDDENLINK COMMUNICATIONS MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13. INDEMNITY Customer shall indemnify and hold Suddenlink Communications and Its respective affiliates, subcontractors, employees or agents harmless (Including payment of reasonable attorneys fees) from and against any claim, actions or demands relating to or arising out of Customer's use of the Service Including without limitation (1) any content or software displayed, distributed or otherwise disseminated by the Customer, Its employees, or users of the Services, (11) any claim that Customer's use of the Service Including the registration and maintenance of Customers selected domain name(s), Infringes on the patent, copyright, trademark or other Intellectual property right of any third party; (Ili) any malicious act or act In violation of any laws committed by Customer, Its employees or users using the Services; and /or (W) violation by Customer, Its employees or authorized users of the Suddenlink Communications AUPS. 14. Viruses. Content, Customer Information Software or content obtained from the use of Service may contain viruses or other harmful features and Customer Is solely responsible for protecting Its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or Illegal and Customer assumes the risk and is solely responsible for Its access to such content. Suddenlink Communications may disclose Customer Information to law enforcement or to any Suddenlink Communications affiliate. 15. Miscellaneous This Agreement, the tariffs, the documents referenced herein, and the AUPS constitute the entire agreement between Suddenlink Communications and Customer for the Services and equipment provided herein. The invalidity or unenforceabllity of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. This Agreement may be modifed, waived or amended only by a written instrument signed by the parties; provided Suddenlink Communications may modify the AUP and If Customer continues to use the Service, Customer shall be bound by such ALP as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either party to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right In the future. Notices required by this Agreement shall be In writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications H: \NEW BUILDING \Suddenlink Brazos County Sheriff Cable Agreement doc under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 16. Regulatory Authority -Force Maieure This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance If such failure Is caused by acts of God, natural disasters including fire, flood, or winds, civil or military action, including riots, civil Insurrections or acts of terrorists or the taking of property by condemnation. 17. Software License. Suddenlink Communications grants Customer a limited, nonexclusive, nontransferable and nonassignable license to Install and use as provided herein (1) Suddenlink Communications access software, as well as software from our licensors that Suddenlink Communications Incorporates into Its access software), (II) all associated user documentation and (III) any updates thereto (the "Software"). Customer's use of the Software Is governed by these terms and conditions. All rights title and Interest to the Licensed Software, including associated Intellectual property rights, are and will remain with Suddenlink Communications and Suddenllnk Communications' licensors. Customer may not decomplle, reverse engineer, distribute, translate any part of Software. Customer acknowledges that the Software, and any accompanying documentation and /or technical Information, Is subject to applicable export control laws and regulations of the USA. Customer agrees not to export or re- export the Software, directly or Indirectly, to any countries that are subject to USA export restrictions. 18. Web Hostina Servers. Suddenlink Communications reserves the right to select the server for Customer's web site for best performance. The Customer understands that the Services provided by Suddenlink Communications may be provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Customer's web site overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared services and will be required by Suddenlink Communications to relocate Its web site. If the Customer refuses to comply with this Section, then Suddenlink Communications has the right to terminate the Services. Suddenlink Communications will use reasonable efforts to maintain a full time Internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time Intervals, be down due, but not restricted to, utility Interruption, maintenance equipment failure, natural disaster, acts of God, or human error and Suddenlink Communications shall not be liable to customer for such outages or server downtime. 19. Digital Millennium Cooyrlaht Act Suddenlink Communications Is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U.S.C. Section 512(c)3, If you believe that a Web page hosted by Suddenlink Communications Is violating your rights under U.S. copyright law, you may file a complaint with Suddenlink Communications' designated agent. Please contact DMC4 @Suddenlink.com for information necessary to file your complaint with Suddenlink Communications. 20. E -Rate Customers. This paragraph applies only to educational Institutions or libraries seeking reimbursement under the Federal Universal Service Fund. Customer shall apply annually to the Schools and Libraries Division, "SLD" for E- Rate funding and Customer shall designate Suddenlink Communications as Its provider of Services. Customer shall also provide Suddenlink Communications with all documentation that is In response to all queries, inquires and requests as part of the Program Integrity Assurance (PIA) process within three (3) business days of receipt and /or delivery thereof. Customer also acknowledges that Increases and decreases in funding for Services may occur from the SLD. If Customer Is denied SLD funding for any reason, Suddenlink Communications may then elect to decrease the level of Services provided to Customer. If full E- Rate funding Is not received within 6 months of application date, or by the opening of the application window for the following funding year, then Suddenlink Communications may terminate the Agreement without further liability to Suddenlink Communications or the Customer. Additionally, If full E- late funding Is not received and Suddenlink Communications elects to terminate the Services during the contract term, then Customer may be subject to termination liabilities. -473 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of a -4 Z�j A.D. 200,9 (1j'l VL 1)je,�1 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this J(Ct,, day of Gcbf�an r Lloyd Wassermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallard, mmissione • recinct #3 o , Carey Caule , Commissioner f re ' ct #4 Treasurer's Report for the MONTH of MAY 2007 VOL 9� PA E 0797 w c 3 a 6 Cam] a O n e N VIL�.,raa� a K y0 A s c m p N ym p >s sssss$�sssososssssssossoo ee�Sp0 3 0. a. CW r�i s> c.cif z f >S n�np y,y� Z�0 g m Z�= mi T G P m z i CI C O m Z 2R z o P o r�i O A r g OOT O'Ii 3 N C z of L1N 9 S �CirO i m o oon X o z 5x z Un m O m z o 3 O s ri�i Q 2 C o m t O ]F� o r ny lJ � 01. Q W tNJI m b N w w m b N b P W a r e v m a b d� W `O s m m b N b tgNp r 0 V Ny V A N N A W�y P Y N ry p N O pV� y ,�a0 d p .p y m p Ln V P N N N m N m N yy m m b W 1+ N H b m O W P �+ yW� �q�qpp qq NNN �0p N r� WP, P W N V N O a � P tAqn y � p o 3 if m m m � y W r s� K r V T m A V QO1 "b O p f�1 AD Pbmm V r m r Y W r bVW�+r O P m m O N� b r dp P V 0 W a m r N m N W V P V _p 10 O p� d b W Cm m m A� O N m W P N N 0 p A N r y qW N om r p b pmpt� N O b b a mN P P V V V b �p 01 O IOn VI 0 0 �O A r p qA y pV� L. /1 T m y P P r b V m O N m T W N p VI d O V y N O P b V V N O N y N W GG VO Y N V W i+ b Q W S O ': d�app t,J r ns N O mO yy N A W S Iv q p� yy V ��pp yy p VI Fqq V O N N m V N N r Py N Ny W dp d N a b O Gpp� b P p N a N r W N W N r g V W m i V W d P b N m W b m r W W py� d P b 0 s Z y y p y N O N N O r m b V N x o W i y�y m W g b O m o V : V Y y V N W M b O ywj yNj P y Y p1 W m W N m 01 N N N W V P W V t0 O r� A 11/yy�� uu imp �p pp P P N W m r m N qy O qp N Y pO m 01 m N N VIL�.,raa� a K y0 A s c m p N ym p l BRAZOSCOUNTY C COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 3, 2007 ITEM: Request from The 7711 Corporation to construct a road bore for a 3 -inch gas pipeline in the right of way of Old Reliance Road approximately 1,660 ft. from its intersection with Wallis Road. Company Check No. 022655 in the amount of $500.00 for the permit accompanies this request. Site is located in Precinct 2. (Deposit to Account No. 01- 460650.1 SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and /or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: AP VED BY: Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC07 -064 This Request is Approved V1 /Denied ❑ by Commissioners' Court Date: 94A /Q? X? O Randy Judge VOL PACC aa5 THE 7711 CORPORATION P.O. BOX BJ COLLEGE STATION, TEXAS 77841 (979) 779 -0777 PAY ** *500 *Dollars *And *00 *Cents * ** TO THE 97165 ORDER BRAZOS COUNTY OF P. O. BOX 111 BRYAN, TX 77806 -0111 FIRST NATIONAL BANK OF BRYAN P.O. BOX 833 BRYAN, TX 77805 88 -230 1131 06/21/200 11'02265511' 1: 1131023031: 11'32525330111' THE 7711 CORPORATION OA�A� 5 DATE: 06/21/2007 TOTAL: $500.00 J DISCOUNT BACKUP W/H TAX W/H 0.00 0.00 0.00 022655 022655 $ * * * ** *500.00_ AFTER 180 DAYS 1 Nz Signature VENDOR: 97165 BRAZOS COUNTY INVOICE AMOUNT PAID MESSINA HOF PERMIT 500.00 GREATLAND CORPORATION• TO ORDER CALL: 800- 968 -5611 1ACa� �� PAGE -�3D REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -0F WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: THE 7711 CORPORATION CrossingXX andfor Parallel Installation _ OX B J Road: OLD RELIANCE ROAD COLLEGE STATION 77841 Precinct Number Formal notice is hereby given that (applicant) 771 1 proposes to Place a (type) 3" Poly Gas pipeline within the right of-way of (road) Old Reliance in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 2M copies of the drawings attached to this notice. I understand and agree: 1. The County Erginew rrswt be Ached odor to the beginning of construction in order that a designated inspector may Inspect the actual hrs4gation. 2. That all dor age to On roadways and dghhoFwey will be MPWW to their original condition to the saWados of On County Engrim. 3. That Bream County reserves the right 10 require Applicant to rdoctde or lower arty such line at no cost to Brains County, should same become necessary due to widening or lowering. or other atroraW of the roadway or righted -way. 4. That Brame County will In m way be reepmoible for any damage which may occur to army existing ulNry Wes In the dghtWF way. 5. That the line will be constructed and maintained on the Cwx* rightaf -way in acowdwm with Ore Utah, Acosmnsdetlsn Policy which was adopted by One Texas OepeMantof Transpwtoon on May 29, 1989. 8. Thal the We or axes will be constructed no lass than lorry -91ght hchas (4s-) lower than the wwot part of Me drainage or bun ditch and Me drainage is to be considered at bast two feel (2') below the carder Of tae roadway. 7. That all made slag be bored In accordance with tre Utility AagnenodAm Policy of the Texas DeparbrentolTansporbibm dated 1989. 8. That as slims will be barricaded during the construction prxtod. 9. That Oa normal charge is 5500.00 per crossing aragor $130.110 per and when paralleling the roadway established by the Camrtassionero Court on December 21. 2W4. 10. Ditch We stall be coropa led to 90% sandard density ASTM -Test MW d No. 1141191l; test shall be conducted by an independent geclsdsacal testing that copies of an test results shalt be famished to the O.Mm dare Brame County Engineer. 11. Construction shall be in strict conformance to the latest IOM Man mf on Unftm Ta Control Devices for Streets and Hnhwam published by the Tunas Depertrnern of Transportation, and all other State and Federal laws governing utility construction. Construction of this line will begin on or after the 26 dayof JUNE 2007. APPROVED BY COMMISSIONERS' COURT ON: , APPLICANT: THE 7711 CORPORATION Company Name G. D. BRYANT RepresentatiWritle Company 979/779 -0777 Telephone Number Revised t2/27N4 . C r O A a a "4320 CAV m 0 L5d U a J LM bt a I I Ab I F— I T66 1111 LveAOR mon1 K6ES I JA ttt61 60tS G.�wv U?ilS or bWIDT A e "O is 1 umim ow R,ELIANCC ROM. CASf, bbU &LE room f " S +4eL C%106 4 KU - " POU (Ilw ft� Cans Lwe k "690= RoaA Boat" V' IL a t. 3avkar 9Z4 -1l9 -8177