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HomeMy WebLinkAbout2007-07-17-6:00PM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT -0 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 17 JULY 2007 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 —15: 3. Budget Amendment 06/07 -36.1 thru 06/07 -36.6. 4. Personnel Change of Status. 5. Request from Bryan Texas Utilities for the following a. to provide electrical service and security light installation for Brazos County property (equipment and material storage yard) located at 13071 Ferrill Creek Road, Bryan, Texas; and b. execution of the Area Lighting Agreement and Damage Waiver. Estimated cost for service /light installation is $1,013.48. Site is located in Precinct 2. 6. Payment of Claims. 7. Request from Fire Chief Gerald Burnett for assistance with culvert, ditch and grade work from the Brazos County Road & Bridge Department around the driveway of the new Precinct 3 Volunteer Fire Station on Roans Chapel Road. Office of the County Judge . 300 East 26'" St. . suite 114 . Bryan, Texas 77803 . Fax: (979) 3614503 VOL 11 PAGE Commissioners Court Agenda 17 July 2007 Page 2 8. Resolution 07 -012 authorizing use of an electronic signature for the County Judge to insure timely filing of information and acceptance of funds with the Federal Department of Criminal Justice for the Alien Assistance Program, and allowing the County Judge to delegate responsibility for the use of his electronic signature to the Brazos County Auditor. 9. Memorandum of Understanding with the Texas A &M University Athletic Department for the operation of concession services at the Brazos County Exposition Complex, effective 1 August 2007. 10. Request from Building Maintenance for permission to adjust the paper inventory system, which will bring the physical balance in line with the warehouse computer balance 11. Tax Refund Applications for the following: a. J. Trinidad & Maria S. Almanza b. Traci L. Brown c. Paul & Louise Campise d. Yamileth Centner e. Richard N. & Nikki M. Smithey f. Edna M. Tibbs g. Marietta Tretter 12. Manual Requisition 0100 to Griffin Locksmith & Hardware for the purchase of a Master Key System for the Exposition Center. 13. Declaration of surplus property as "salvage" that was advertised for sale in accordance with Local Government Code §263.152 and received no bids, and authorization for either destruction or other disposal. 14. Final Plat of Indian Lakes Subdivision Phase One, lot 9A -R and loel -R, block9 being a replat of the Resubdivision of Indian Lakes Phase One, lot 9, block 9, 3.245 acres, J. M. Barrera survey, A -69, (volume 5978, page 150, official records of Brazos County), Brazos County, Texas Site is located in Precinct 1. 15. Payment Authorization from the District Attorney's Office to Ritz Camera Center in the amount of $792.07 to print a large number of 5x7 photos needed for a trial. A purchase order was not obtained in advance. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. 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 make arrangements, call (979) 361 -4102. � L _PAGE a COMMISSIONERS' COURT REGULAR MEETING JULY 17, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, July 17, 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, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -36.1 through 36.6, which would reallocate funds for the Exposition Center, TJPC -G- Program Sanctions 1 -2 -3, JP Technology Fund; transfer funds from General Capital Improvement Fund to C.O. Issue 2003 for the Sheriff Administration Building, from Contingency to Human Resources; from Capital Projects to the Vol q1 Page 3 Commissioners Court meeting July 17, 2007 2 Exposition Center. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the change of status as submitted. The next matter before the Court was a request submitted by the Road and Bridge Department asking Bryan Texas Utilities to provide a. electrical service and security light installation for Brazos County property located at 13071 Ferrill Creek Road, Bryan, Texas in Precinct 2 b. the execution of the Area Lighting Agreement and Damage Waiver. The estimated cost of service is $1,013.48. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7033172 through 7033449 Vol q 1 Page 4 Commissioners Court meeting July 17, 2007 3 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a request by the Precinct 3 Volunteer Fire Department for assistance with culvert, ditch and grade work from the Brazos County Road and Bridge Department. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was consideration of Resolution #07 -012 authorizing the use of electronic signature to insure timely filing of information and acceptance of funds with the Federal Department of Criminal Justice for the Alien Assistance Program, and to allow the County Judge to delegate responsibility for the use of his electronic signature to the Brazos County Auditor. Brazos County has entered into a contract with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal alien inmate assistance program. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #07 -012 authorizing the use of electronic signature to insure timely filing of information, delegating authority to the County Auditor with the stipulation that subsequent to such Vol qj Page 5 Commissioners Court meeting July 17, 2007 4 use of the electronic signature, the Auditor submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. The next matter before the Court was consideration of a Memorandum of Understanding with the Texas A &M University Athletic Department for the operation of concession services at the Brazos County Exposition Complex. The term of the agreement will run from August 1, 2007 until July 31, 2012. TAMU shall pay the county five percent (50) of gross sales from August 1, 2007 through July 31, 2009 and then increase it to twenty percent (200) from August 1, 2009 through July 31, 2012. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Memorandum of Understanding. A copy is attached. The Court next considered a request from the Building Maintenance Department for permission to adjust the paper inventory system, so as to bring the physical balance in line with the warehouse computer balance. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The next matter for consideration was approval of tax refund applications from the following individuals and /or Vol O.1 Page G Commissioners Court meeting July 17, 2007 companies: a. J. Trinidad & Maria S. Almanza, over payment $10.00 b. Traci L. Brown, over payment $85.51 c. Paul & Louise Campise, over payment $22.95 d. Yamileth Center, over payment $223.42 e. Richard N. & Nikki M. Smithey, over payment $25.14 f. Edna M. Tibbs, over payment $294.33 g. Marietta Treeter, over payment $6.01 5 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered a manual requisition #0100 in the amount of $5,391.50 to Griffin Locksmith & Hardware for the purchase of a Master Key system for the Exposition Center. On motion by the County Judge, seconded by Commissioner Peters, Court voted unanimously to approve the requisition. The Court next considered the declaration of surplus property as salvage. This property was advertised for sale in accordance with Local Government Code §263.152 and received no bids. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to declare the property as salvage and authorized its destruction or other disposal. The Court next considered approval of the Final Plat of Indian Lakes Subdivision Phase One, Lot 9A -R and Lot 9B -R, Block 9, being a Re -plat of the Res - Subdivision of Indian Vol a1 Page 7 Commissioners Court meeting July 17, 2007 6 Lakes Phase One, Lot 9, block 9; 3.245 Acres in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and found it to be in order. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the final plat of Indian Lakes Subdivision Phase One, Lot 9A -R and Lot 9B -R, Block 9, being a Re -plat of the Res - Subdivision of Indian Lakes Phase One, Lot 9, Block 9; 3.245 Acres as submitted. The next matter before the Court was consideration of a payment authorization from the District Attorney's Office in the amount of $792.07. Amount exceeded purchase order. On motion by Commissioner Peters, seconded by Commissioner Mallard and the County Judge, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. There was no citizen input and /or concerns. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol a7 Page The foregoing minutes of the Commissioners Court meeting held July 17, 2007 have been examined and are approved in open Court this the 614— day of NO VC ,, C , 2007, in Bryan, Brazos County, Texas. Duane Peters Commissioner, Precinct 2 aj'-).5e-h-r Carey Cauley, Jr. Commissioner, Precinct 4 Attest: C Z44J R.Aren McQueen County Clerk Vol q j Page R Lloyd W ssermann Commissioner, Precinct 1 JI- Kenny Mallar Commissioner, Precinct 3 Pg —� of_I_ BRAZOS.COUNTY COMMISSIONER'S COURT 1Z DAY OF io wo Name (PLEASE PRINT) � ► � r i4 20 D2 Organization (PLEASE PRINT) SItE� � �J o�cE �>CPD BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-36.1 thru 06/07 -36.6 On this the 17`s 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 17 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 17s' day of July 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL q1 PA"Z' ( I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.1 7/17/2007 V'PL Ct1 PAGE I �L 111111- :11- 111111- 11- ' 111 •' - � • 11 111111 -' V'PL Ct1 PAGE I �L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.2 7/17/2007 1 ' 1 X11 X11 111 .1 11111 _m �` � • • - 11 X11 X11 111 . ::1111 �� - 11 V 1 P �1 r,]-c ( 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.3 �, � T BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.4 7/17/2007 111 :all . 1111 :al 11 •' � • - 'll 11 - 111 :all 11111 :al 11 m � - -i II 11 - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.5 7/17/2007 I 1 11 111 11 . 1 1111 -�A _ - Legal Notices 111- -__-_ -- ' -_ -- ----_ �M' M BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 36.6 7/17/2007 Prepared By: kds Approved By Date: 7/13/2007 Date: lG? 01 '•11 '.11 :1 11111 -� .• - - ,•: 111 11 - �•11 . •.11 �'1 111 -� - • - .� • • ": 11111 - 11 • 111 11 ' 1111 �' • •• ': 111 11- Prepared By: kds Approved By Date: 7/13/2007 Date: lG? 01 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 17, 2007 Department Submitting Information: Human Resources )ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; Garcia, Jennifer, Resignation Deno, Kay New Hire BRAZOS COUNTY 5 COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: Julv 17.2007 ITEM: Consider and take action on request for Bryan Texas Utilities to 1) provide electrical service and security light installation for Brazos County property (equipment and material storage yard) located at 13071 Ferrill Creek Road Bryan Texas and 2) the execution of the Area Lighting Agreement and Damage Waiver. Estimated cost for service /light installation is $1,013.48. Site is located in Precinct 2. NOTES /EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB 7T BY: Richard F. Vance, P.E. County Engineer CC07 -067 This Request Date: E. Duane Peters Z //Denied 0 by Commissioners' Court Randy Sing"County Judge VOL11 PAGE 19 SWM TEXAS MUnES Ulu THE EREROYT O SERVE YOU BIROE /E18 July 9, 2007 Linda Muegge Brazos County Road & Bridge 2617 W. Hwy 21 Bryan, TX 77803 Re: 13071 Ferrill Creek Yard Office Dear Linda Muegge, Inv. #0703R10369 Your request for a 100 amp, 120/240 volt overhead service to serve an office building has been investigated. The aid in construction cost to provide this service is as follows: Install 110' secondary overhead: $1013.48 Your aid in construction will have to be paid, Security Light Agreement signed and the Damage Waiver returned before construction may be scheduled. The aid in construction portions of your fee can be paid at the Information Desk at 205 E. 28th Street between the hours of 8:00am and 5:00pm. This cost is subject to change after 90 days from the date of this letter. You will also need to contact BTU Customer Service (821 -5700) to set up the billing account for this new location. Please use your assigned investigation number 0706810879 to identify any correspondence you may have with our office. For information regarding your investigation, please call 979 - 821 -5770. Sincerely, Allen Kristof BTU -Line Designer 979- 821 -5730 akristofC@btutilitios.com via: email VOIL q] BRYAN TEXAS UTILITIES Municipal & Rural AREA LIGHTING AGREEMENT WHEREAS, _gy -squS 49"#41 R -t Q of Zr.* zo 3 County, Texas, a customer of Bryan Texas Utilities of the City of Bryan, hereinafter referred to as "Customer" requests Bryan Texas Utilities, hereinafter referred to as "BTU" to install area lighting on said Customer's premises on the following terms and conditions: Customer agrees to keep the light in place for a period of not less than two years. At the expiration of this two -year contract, the customer may terminate this agreement at any time with a written thirty (30) days notice. BTU reserves the right to cancel this agreement at any time with a written thirty (30) days notice at their discretion. See Attachment "A" which is incorporated by reference. 2. BTU retains ownership of all light fixtures and all materials used to install the service lights on Customer's premises. Accordingly, BTU will maintain all lights free of charge to Customer where equipment is defective and/or fails due to normal wear and tear. A duly authorized representative of BTU shall be permitted to enter Customer's premises at all reasonable times in order to install, make any necessary repairs, maintain or remove the installation 3. Customer is responsible for payment of repair or replacement of all equipment components which are damaged by vandalism. Further, it is the Customer's responsibility to notify BTU when a light fails, and BTU will repair same within seventy- two (72) hours if not unreasonable to do so. 4. BTU agrees to install _L lights for which the customer agrees to pay a monthly rate as prescribed by ordinance. This amount is to be billed to the Customer's No. . Premise No. and Meter No. 5. Customer has read and understands this agreement and the attached page. X703 .R 10 3 0 Investigate # 13071 Fcrrl' H 6ce-k Service Address i /i -d Contract Date Revision 03.09.2004 A3N °o ° C, v)xm O �O; 0D;> V 9 A D O O Q. V) o w m m c) <;uo W MOZ 00-i h m N m N O O Go C A r m O �. O 3 m gO cn z m W O v 0 0 V o 0 o rn - a rn o O A m i;o Z 0 0 < rn D n W DD< Z o m Z DDi z 0 y m m O z m x D N o v �,, m m C O O D N v W O V) Mn O o m C) o N W P C to O M m r. O D O R° z m G m m A o m O C N z =i O , OOG z W y3y © D A S WO C to m z /*1 Z = ONZ m N (nOZ N�mmLZ� NWZ C-�ZAm O r m � Z m "�-I r OONf OUI� OV) 0i:n CE) N OND pDK.N rA Oaf v U) z O C m �r Dr { O;rr OAr O N��r1) for OO�N� �)orD.. c0 m r K K L'' < m �` r r i r 3 m z `L 20 W r0 m (7 N N C N V < -0 W N O z LYI v N W V p N V A O O 1 W N VOL I DAMAGE WAIVER Bryan Texas Utilities ( "BTU ") has been required by the undersigned customer, or for other reasons, to dig a trench, to drill a hole for a pole or for any other designated purpose, or to perform work or service on or near the customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the customer. The undersigned customer agrees (1) to locate and mark any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the path of a ditch, and (2) to indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises or to any real or personal property of the customer (including animals or livestock or any kind) that may be located on or near the premises. The customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to enter into this agreement. Location: Signed: Date: Investigate # 0703R10369 A,A 6 emus. BRAZOS COUN'T'Y MAYAN, TEXAS BRAZOSCOUNTY RESOLUTION �htg In conjunction with the contract which the Commissioners Court of BRAZOS COUNTY, TEXAS has entered into with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal alien inmate assistance program, the Court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The Court is now aware that such filing and receipt will require the electronic signature of the "CEO" (chief elected officer) for the County. The CEO for the County is recognized by the Criminal Justice Department to be Randy Sims, County Judge. Therefore: WHEREAS, the Commissioners Court recognizing the need for Brazos County to have the flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the Alien Assistance Program; WHEREAS, the Commissioners Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHEREAS, the Commissioners Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT that the Commissioners Court does require that subsequent to such use of the electronic signature of the CEO, the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. DATED this the Seventeenth (17) day of July 2007. d Randy Sims - - -"- County Judge '`• a(-,f- Commissioner Lloyd Wasserman Precinct 1 Commissioner Kell Mallard Precinct ATTEST: G aren McQueen, County terk Commissioner Duane Peters Precinct 2 Commissioner Carey Cauley, Jr. Precinct 4 U L�4 tSl: 94 Resolution N07-012 Memorandum of Understanding Brazos County Exposition Complex and Texas A &M University Athletic Department This Memorandum of Understanding ( "Agreement ") is entered into by and between Texas A &M University, a member of the Texas A &M University System, an agency of the State of Texas on behalf of its Athletic Department ( "TAMU ") and Brazos County, a political subdivision of the state of Texas, on behalf of the Brazos County Exposition Complex ( "County") with an effective date of August 1, 2007. Whereas the Interlocal Cooperation Act, Texas Government Code Clip 791, permits local governments to contract for services of mutual interest; and Whereas TAMU and County wish to establish this agreement for the purpose of delineating their respective responsibilities for TAMU to operate Concession Services at the Brazos County Exposition Complex and to further define the scope of the agreement, County facility use, term or duration, payment and accounting procedures, equipment and operational and personnel responsibilities. The parties agree as follows: I. Scope For purposes of this Agreement, "Concessions Services" is defined as the sale of all food and non - alcoholic beverages to the general public in attendance at an Exposition Complex sanctioned event, but does not include meal catering as County has an existing, approved vendor list for meal catering activities. Given the Exposition Complex is a multipurpose facility, TAMU will provide concession services for events, including but not limited to, concerts, family shows, trade shows, rodeos, horse shows, dances, conferences, and meetings. TAMU Concessions Manager and County appointed personnel will mutually agree upon, in advance, a schedule for those events where concession services will be provided by TAMU. Two select County sponsored events, the Brazos County Youth Livestock Show in the spring of each year and county fair /livestock show /rodeo event in the fall of each year, which have carnival type activities associated with the events outside the complex will be permitted to sell beverages and food within the space allocated for such event. Food and beverage sales for other events than the aforementioned will be mutually agreed upon, in writing, in advance, by TAMU and County. II. Facility Use TAMU will use the existing eight permanent concessions stands. Other temporary points of sale, i.e., C and L Nutbuddies, Sweet Creations Kettle Corn, Dippin' Dots, etc., may be added at certain events as County and TAMU may-agree. 1 Expo Concessions Agreement w TAMU.doc 7/17/2007; 12:32:38 PM VOL qI PAGE A6 TAMU employees may park in spaces designated for County employees. When the County has uniformed security present for an event, TAMU may call upon their services as cash escorts within the building and to a nearby designated vehicle. Keys for concessions stands will be issued by the County to TAMU. Both TAMU and the County will provide a list of individuals who might be contacted in an emergency including office, cellular and home phone numbers. III. Term This agreement will run from August 1, 2007 until July 31, 2012. At any given time during the tenure of this contract, with ninety (90) calendar day's written notice, either party may choose to terminate this agreement. IV. Payment and Accounting Procedures TAMU shall pay the County five percent (5 %) of gross sales, "gross sales' defines as total sales from Concession Services less applicable retail sales tax and other direct taxes imposed upon receipts collected from the consumer for sales from August 1, 2007 through July 31, 2009. This payment shall be increased to 20 percent (20 %) for gross sales from the period of August 1, 2009 through July 31, 2012. TAMU will pay County the aforementioned percentage of sales on a monthly basis with payment due the 206 day of the following month gross sales are calculated. Each monthly payment should be accompanied by a statement showing concession sales during the preceding month, with detail on gross sales by event. Payment will be issued by TAMU to the following address: Brazos County Treasurer 300 East 26th Street, Suite 313 Bryan, TX 77803 Sales records will be retained in accordance with sound accounting principles as applicable to concession sales and in accordance with the same accounting standards applicable to TAMU concession operations. The County Auditor of Brazos County may request copies and/or summaries of sales records as needed for review purposes and verification of gross sales. V. Equipment and Maintenance TAMU will, at its sole cost and expense, provide, maintain and retain title to, all equipment necessary to serve, cook, cool, heat, store or otherwise prepare foods and beverages to be sold. The County will provide telephone lines to operate any credit card machines, etc., that TAMU may deem necessary. The County will provide, at its sole cost and expense, all necessary utilities to operate this equipment and for any repairs necessary to the Expo Center facilities. 2 Expo Concessions Agreement w TAMU.doc 7/17200}, 12:32:38 PM VOL �PRGE a ,l TAMU agrees to remove its equipment from County facilities within ten (10) business days of expiration or early termination of this Agreement. Normal wear and tear excepted, TAMU will be responsible for any repairs to County facilities as a result of damage incurred during the process of removing TAMU equipment. VI. Operational Responsibilities TAMU has designated the TAMU Concessions Manager to serve as a point of contact and the concessions supervisor for the Expo Center events; this individual will designate an on -site supervisor for each event. TAMU may choose to engage third -party staffing through campus and community organizations and will be responsible for providing identifiable uniform items, training, information on the employee entrance, and general supervision. TAMU will provide concession services prior to and during the agreed upon events. The number of stands and hours of operation will be appropriate to meet the anticipated customer demands for food and beverages at a given event; these decisions will have the concurrence of the County. Concession services will normally begin when doors open to the public for an event. Thirty days prior to a contract year TAMU will discuss recommended concession items with the County and appropriate pricing will be mutually agreed upon. TAMU will post prices on approved menu boards that are attached to all stands and any portable concession locations. TAMU will provide food service containers that are constructed of paper or pasteboard. Beverages such as carbonated soft drinks and water will be sold in plastic bottles. A mutually agreed upon range of concessions is expected at most events and a consistent concessions menu will be offered at all events. TAMU is responsible for providing all food and beverage items sold in operation of Concession Services. All food and beverage items shall be high quality and nothing shall be offered for sale that is spoiled, of poor quality, or beyond a "sell by" date. Any such items will be removed immediately by TAMU. TAMU is responsible for keeping all concession stands and surrounding areas clean and neat at all times and for meeting all sanitation and Brazos County Health Department codes. During any event, County personnel will be responsible for cleaning any spills made by customers on the concourse and seating area. The County will additionally be responsible for the pick up and disposal of all trash outside of the concession stands at the conclusion of each event. The County will provide pest extermination services for all concession areas. VII. Miscellaneous Provisions NOTICE OF DEFAULT. In the event of a default, the non - defaulting parry will give the defaulting party written notice of such default and provide defaulting party the 3 Expo Concessions Agreement w TAMU.doc 7/17/2007; 12:32:38 PM opportunity to cure such default. If the default continues for thirty (30) calendar days after receipt of such notice, the non - defaulting party may terminate this AGREEMENT by written notice to the defaulting party. FORCE MAJEURE. Neither party is required to perform any term, condition, or covenant of this AGREEMENT, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, an act of war, or other similar occurrence, the cause of which is not reasonably within the control of either party, and which by due diligence either is unable to prevent or overcome. INDEPENDENT CONTRACTOR. For the purposes of this AGREEMENT and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statement, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing. GOVERNING LAW. This AGREEMENT is construed under and in accordance with the laws of the State of Texas, and is performable in Brazos County, Texas. Pursuant to §85.18, Texas Education Code, mandatory venue is in Brazos County for all legal proceedings against TAMU pertaining to this AGREEMENT. Nothing in this AGREEMENT should be construed as being a waiver of sovereign immunity by TAMU. MISCELLANEOUS. This AGREEMENT constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. M Brazos Randy Recommended By: Texas A &M University date Robert T. Bisor date Associate Vice President for Finance University Contracts Officer — T m Quar,Director date Brazos County Exposition Center 4 Bill Byrne date Director of Athletics Expo Concessions Agreement w TAMU.doc 7/17/2007; 12:32:38 PM s BRAZOS COUNTY BUILDING MAINTENANCE 296 NORTH WASMGTON BRYAN TEXA S 77693 079) 361 -4879 FAX [9791361 -4399 To: Randy Sims, County Judge From: Carlos Guitron, Department Hea 4 Subject: County Paper Warehouse Date: July 9, 2007 I am requesting for the Commissioners court to place 18 boxe r — fb b4--, salvage, there are boxes of paper identified that h_a_yet b n used for two hGMleC( and three years. There are 6 boxes o r ar paper no longer in use, and 12 boxes of Magistra ng forms that are now being printed off the yL Puzhcs� com I am also requesting adjustments by the Commissioners court to the inventory system; the physical balance does not match the Warehouse computer balance. The count has been inaccurate for the last two years without change. Changes requested are listed. Stock # Chanize system to Adjustment 2102 Salvage 12 Boxes 2007 Salvage 6 Boxes 2001 31 + 1 Box 3002 18 + 3 Boxes 3004 80 + 4 Boxes 2006 37 -1 Box 3001 102 - 2 Boxes 3006 34 - 3 Boxes 3003 98 - 8 Boxes 2008 6 - 10 Boxes Sims, County Judge date