HomeMy WebLinkAbout2007-08-07-9:00AM-REGULARBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
F I L E D
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 7 AUGUST 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 — Judge Sims.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 20:
3. Budget Amendment 06/07 -39.1 thru 06/07 -39.8.
4. Personnel Change of Status.
5. Payment of Claims.
6. Order to make an adjustment to credited service and current service for a particular
member of The Texas County and District Retirement System, and authorization of
payment of the County's contribution.
7. Order relocating polling place for Election Precinct 11.
Orden para trasladar el Sitio de Votacion por Precinto de Elecciones numero 11.
8. Request from Brazos County Health Facilities Development Corporation for approval
of the issuance of its Franciscan Services Corporation Obligated Group Revenue
Refunding Bonds, Series 2007 (St. Joseph Regional Health Center), in an amount not to
exceed $65,000,000.
Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503
un, q .7 PAGE r I
Commissioners Court Agenda
7 August 2007
Page 2
9. Lease agreement with the Junior League of Bryan — College Station, Inc. for the rental
of office space and storage space at the Brazos Center. Term of agreement is 1 June
2007 through 1 June 2009.
10. Renewal of the Agreement with Texas A &M University for clinical psychology
services provided to the Juvenile Services Department. Term of this agreement is 1
October 2007 through 31 September 2008.
11. Tax Refund Application for D. K. Maddox.
12. Capital requisition in the amount of $7,500.00 to Medit for purchase of a Bore Scope
Search kit for vehicles.
13. Capital requisition in the amount of $111,098.90 to Jamail & Smith Construction for
chain length fences to be installed at the Exposition Complex.
14. Capital requisition in the amount of $12,000.00 to PDM Corporation for purchase of
audio /video equipment for interview rooms at the Sheriff's Administration Building.
15. Capital requisition in the amount of $293,995.87 to Jamail & Smith Construction for
the relocation of two buildings from the Brazos County Administration Building to the
Juvenile Justice Center.
16. Capital requisition in the amount of $71,817.76 to wash, prime, caulk and paint the
exterior of three buildings at the Road & Bridge Department.
17. Renewal of the annual contract with G &L Services for grease trap pumping, with no
increase in prices. Contract term is 1 October 2007 through 30 September 2008.
18. Maintenance agreement with L3 Communications for Courthouse security x -ray
scanning equipment. Contract term is 1 October 2007 through 30 September 2008.
19. Payment authorization in the amount of $1,276.60 for services rendered to the Brazos
County Bail Bond Board by Tina Snelling of Sheiness, Scott, Grossman & Cohn, LLP.
20. Payment authorization in the amount of $891.17 to City Paint & Body for repairs to a
patrol car for the Constable, Pct. 4 Office. A purchase order was not obtained in
advance.
21. Acknowledgement of the Monthly Reports submitted in July 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.
V ®L T1 PAGE I & °1\
Commissioners Court Agenda
7 August 2007
Page 3
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 meetinf Sake arrangements, call (979) 361 -4102.
VOL a1 PAGE_—
BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
J
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY
7 AUGUST 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN,
TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Permission to enter private property belonging to Freddie Willie and William S. Thornton, Jr.
located off Harris Lane for the purpose of relocating 410 feet of fence to accommodate
Harris Lane bridge structure placement project for the health, safety and welfare of the
general public. Site is located in Precinct 2.
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.
Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503
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6
COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 7, 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, August 7, 2007 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct l;
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.
The County Judge gave the invocation and then led the
pledge of allegiance.
Under citizen input /and or concerns, the following spoke:
Demetrios Basdekas
a) Spoke on bridge safety in Brazos County and re- capped
what he has done on this in the past to enlighten the
Court. As a result, TxDOT made recommendations and
inspections on the bridge in question and inspections
be increased from every two years to every six months.
He does not feel the bridge is fit for traffic. One
recommendation made by the state was to change the
decking timber to steel beams, but these
recommendations were ignored. He accused the County
Judge of ignoring and practicing engineering without a
license. He also accused the County of purchasing
Vol a-i Page 1 � 7
Commissioners Court meeting August 7, 2007 3
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of an
Order to make an adjustment to credited service and current
service for a member of the Texas County and District
Retirement System and authorization of payment of the County's
contribution. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted unanimously to adopt an
Order to make an adjustment to credited service and current
service for a member of the Texas County and District
Retirement System and authorization of payment of the County's
contribution.
The Court next considered adopting an Order Relocating
Polling Place for Election Precinct 11. Election Precinct 11
is located in the Crockett Elementary School, 401 Elm Street,
Bryan, Texas. For the convenience of the voters it is
recommended that Election Precinct 11 be conducted at the
Cavitt Church of Christ located at 3200 Cavitt Avenue, Bryan,
Texas. The Cavitt Church of Christ has agreed to allow the
polling place for Election Precinct 11 to be located in the
Cavitt Church of Christ Annex located at 3200 Cavitt Avenue,
Bryan, Texas. On motion by Commissioner Peters, seconded by
Vol a I Page C (0 K
Commissioners Court meeting August 7, 2007 4
Commissioner Cauley, the Court voted unanimously to relocate
the polling place for Election Precinct 11 to the Cavitt
Church of Christ Annex located at 3200 Cavitt Avenue, Bryan,
Texas. A copy of the Order is attached.
The next matter before the Court was consideration of a
request from the Brazos County Health Facilities Development
Corporation requesting the Court adopt a Resolution relating
to the issuance of its Franciscan Services Corporation
Obligated Group Revenue Refunding Bonds, Series 2007 (St.
Joseph Regional Health Center), in an amount not to exceed
$65,000,000.00. On motion by Commissioner Mallard, seconded by
Commissioner Cauley, the Court voted unanimously to adopt a
Resolution relating to the issuance of its Franciscan Services
Corporation Obligated Group Revenue Refunding Bonds, Series
2007 (St. Joseph Regional Health Center), in an amount not to
exceed $65,000,000.00. Bond Counsel, Paul Martin assured the
Court that there would be no liability by Brazos County nor
would it affect the County's bond rating. Dan Hayes, Attorney
for St. Joseph Hospital also reassured Court of there being no
liability or negative affect. A copy is attached.
The Court next considered renewal of a lease agreement
between Brazos County and the Junior League of Bryan - College
Station, Inc. for rental of space in the Brazos Center
Vol M Page 1609
Commissioners Court meeting August 7, 2007 5
located at 3232 Briarcrest Drive in Bryan, Texas. Term of the
lease is for the period of two years commencing on June 1,
2007 and ending on May 31, 2009. The Junior League agrees to
pay to Brazos County the amount of six hundred fifty dollars
($650.00) per month. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to renew the lease agreement between Brazos County
and the Junior League for the period stated above. A copy of
the Lease Agreement is attached.
The next matter before the Court was consideration of a
Clinical Psychology Services Agreement between Brazos County
Department of Juvenile Services and the Psychology Clinic in
the Department of Psychology at Texas A &M University. A
masters level graduate student will provided 10 hours per week
for 50 weeks of clinical psychological services to the
Juvenile Services Department beginning October 1, 2007 and
continuing until September 30, 2008. Cost of services is
$13,626.24 to be paid in 12 monthly installments of $1,135.52.
On motion by Commissioner Wassermann, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Clinical
Psychology Services Agreement between Brazos County Department
of Juvenile Services and the Psychology Clinic in the
Vol a� page 1-7 D
Commissioners Court meeting August 7, 2007 6
Department of Psychology at Texas A &M University. A copy is
attached.
The next matter for consideration was approval of a tax
refund application from D. K. Maddox for a refund of $269.51
for payment in error on account R23134. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the tax refund application.
The Court next considered approval of a capital
requisition in the amount of $7,500.00 to Medit for the
purchase of a Bore Scope Search Kit for vehicles. This will be
used by the CLEAR Team. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the requisition.
The next matter before the Court was consideration of a
requisition in the amount of $111,098.90 to Jamail & Smith
Construction for chain link fences to be installed around the
perimeter of the covered arena, the perimeter of the storage
compound and around the fire sprinkler system under the
bleachers in the covered arena at the Exposition Complex. On
motion by the County Judge, seconded by Commissioner Peters,
the Court voted unanimously to approve the requisition.
The Court next considered a requisition to PDM Corp in
the amount of $12,000.00 for the purchase of a digital
Vol a� Page I I I
Commissioners Court meeting August 7, 2007 7
audio /video system for the interview rooms at the Sheriff's
Administration Building for the use of the CLEAR Team. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
request.
The next matter before the Court was consideration of a
requisition to Jamail & Smith Construction in the amount of
$293,995.87 to relocate two buildings from the Brazos County
Administration Building on 27th Street to the Juvenile Justice
Center. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the requisition.
The Court next considered a requisition to Jamail & Smith
in the amount of $71,817.76 to wash, prime, caulk and paint
three buildings at the Road & Bridge Department. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the requisition.
The next matter before the Court was consideration of
exercising the option in the current contract with G &L
Services to renew for an additional year beginning October 1,
2007 through September 30, 2008. G &L Services has agreed to
provide grease trap pumping services for another year with no
increase in prices. On motion by Commissioner Peters, seconded
Vol CLI Page 1 -7 a
Commissioners Court meeting August 7, 2007 8
by Commissioner Cauley, the Court voted unanimously to
exercise the option to renew for an additional year. A copy
of renewal acceptance is attached.
The Court next considered approval and execution of a
Maintenance Agreement with L3 Communications covering the x-
ray scanning equipment for Courthouse security. Term of the
Agreement is from October 1, 2007 through September 30, 2008
at a cost of $7,000.00 annually. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the maintenance agreement. A copy is
attached.
The next matter before the Court was consideration of a
payment authorization for $1,276.60 to Tina Snelling of
Sheiness, Scott, Grossman & Cohn LLP for services rendered to
the Brazos County Bail Bond Board. On motion by Commissioner
Peters, seconded by Commissioner Cauley, the Court voted
unanimously to approve the payment authorization.
The Court next considered a payment authorization for
$891.17 to City Paint & Body for repairs to a patrol car for
Constable, Precinct 4. No Purchase Order was obtained. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the payment
authorization.
Vol qj Page 1-7-3
Commissioners Court meeting August 7, 2007 9
The County Judge proceeded to consider an addendum to the
agenda concerning a request by the Road & Bridge Department
for permission to enter the private property of Freddie Willie
and William S. Thornton, Jr. on Harris Lane to relocate 410
feet of fence to accommodate the Harris Lane bridge structure
replacement project. The site is located in Precinct 2. The
County Engineer stated that all appeared to be in order. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
request.
The Court acknowledged receipt of the Extension Service
reports for July 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
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.
Vol a Page 1-74
Commissioners Court meeting August 7, 2007 10
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) Announced the HFDC meeting will be at
9:30a.m. today.
b) He is working with the Health Department on
problems with septic systems.
Under citizen input and /or concerns, the following
spoke:
Donald Lampo, Constable, Precinct 2
a) He was representing Brazos County Go Texan
and was informing the Court that they gave
scholarships to 16 local youth totaling
well over $100,000.00.
Bill Ballard, Court Counsel
a) Introduced Tina Snelling as the new civil
attorney in the County Attorney's office.
Under Agency /Board /Committee reports by Court members,
the following spoke:
Commissioner Mallard
a) He attended a High Speed Rail meeting over
the weekend. He gave an update on the
discussions.
There being no further business to come before the Court,
the meeting was adjourned.
Vol a Page 1-15
The foregoing minutes of the Commissioners Court meeting held
August 7, 2007 have been examined and are approved in open
Court this the (P/�- day of 2007, in Bryan,
Brazos County, Texas.
Randy Sim
County Xdge
Duane Peters
Commissioner, Precinct 2
as.c,-,, t-
Carey Cauley, Jr.
Commissioner, Precinct 4
Attest*
a ge c Queen
County Clerk
Vol Page 17(X
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Malla
Commissioner, Precinct 3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR
NO. 06/07-39.1 thru 06/07 -39.8
On this the 7`" day of August 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 7 August 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 7th day of August 2007.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
an
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL q7-PAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.8
Ri�nnm
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
80101002
DR
' Building Renovations- Portable
294,000.00
4500
63000500
60360000
CR
Furniture
146,488.00
4500
4500
63000500
63000500
65050000
67342000
CR
CR
Building Maintenance
Minor Furniture
45,000.00
8,000.00
4500
63000500
80289000
CR
I Road & Bridge Equipment
68,512.00
4500
63000500
80281000
CR
Equipment - Electronic
26,000.00
Capital Projects - Commissioners' Court:
To move funds for the turn -key ro'ect of moving the temporary buildings located at the
Church to Juvenile for the Academy use. This budget amendment uses funds set aside for
the furniture for the various offices when moving to the church, the Detention Center A/C
controls, the Document Imaging Station and Palm Scanner upgrade for the S.O. and the unspent
funds for road and brid e e ui ment
Prepared By: kdc> Approved By:
Dues 813/20077 Dater
VOL V PA►GL I .- W
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.1
8/7/2007
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24401100 59100000 CR DDEA 115.50
0100 24401100 61110000 DR Conference & Seminar Fees
115.50
Justice of the Peace, Pct. 4: T
To reallocate funds to cover the travel
Prepared
►a �t.' `7 5, 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.2
8/7/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
60240000
CR
Detention Supplies
340.00
0100
31000200
67281000
DR
Equipment - Electronic
270.00
0100
31000200
60500000
DR
Office Equipment
70.00
Juvenile
Detention Center:
To reallocate funds to cover the ex enses in equipment - electronic and office a ui ment line items.
VOL qj PAGE 19 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.3
8/7/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3201
282200
67281000
28220700
CR
Equipment - Electronic
12,000.00
3201
282200
80281000
28220700
DR
Equipment - Electronic
12,000.00
Clear Team:
To reallocate funds from the minor acquisition category to capital outlay category
due to the unit cost of the interview a ui ment.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.4
8/7/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
855.00
0100
37000100
71500000
DR
Rental - Equipment
855.00
Agriculture Extension:
To move funds from the County's Contingency to cover the unpaid
co pie lease expenditure incurred in previous year.
l�r
are d By7 fd A�t►ved B
r 8/2/2007.; I)ak
�F � q7 rA'LE 1Sd)
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.5
Ri7i2nm
d sin
ul. a1 gs�m-193
ACCOUNT NAME
mm
i11i
7102��
Transfer from General Fund
Maintenance
III - N M. IVIRIN
_
-
d sin
ul. a1 gs�m-193
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.6
8/7/2007
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 39.7
8/7/2007
FD
I DIV
I ACCT
PROJ
I DR/CRI
ACCOUNT NAME
Increase
Decrease
45001630005001
80293000
1
1 CR
I Equipment - Expo.
111,099.00
45001630005001
80100000
1
1 DR
IBuilding
111,099.001
1
Capital Projects - Commissioners' Court:
To reallocate funds to cover the fence expense for Exposition Center.
'd
kirepared4 y:
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 7, 2007
Department Providing Information: Human Resources
Purpose: Consider and Take Action on Change Requests
Department Submitting Employee Name Action Requested
Request(s)
County Atty. Snelling, Tina New Hire
Snelling, Tina Special pay for CORBA
D.A. County Judge
Macaulay, Karin Resignation
Exposition Complex Dempsey, Darla Transfer to another Dept.
Knighton, Devin B New Hire
Human Resources
Hopcus, Robin
New Hire
Juvenile Services Albarado, Christopher Resignation
Gonzales, Liza New Hire
Brown - Lewis, Sha' Vonne Terminated
Ray, Shelly Resignation
S.O. /Jail Miller, Benjamin
Resignation
Lindley, Doug
Transfer within Dept.
Barrow, Randall
New Hire
Glick, Dustin
New Hire
Greenwood, Caroline
New Hire
Waller, Courtney
New Hire
Approved in Commissioners' Court: August 7, 2007
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
�i �L q� PAZ l la
�► MIAMC AN AUJUS I MtN I TO CREDITED SERVICE AND CURRENT SERVICE CREDIT FOR A
PARTICULAR MEMBER - Revised 2001
PART TWO: FORM OF ORDER TO BE ADOPTED AND INCLUDED IN MINUTES
EXHIBIT ONE
COMMISSIONERS COURT ORDER TO MAKE AN ADJUSTMENT TO CREDITED
SERVICE AND CURRENT SERVICE CREDIT FOR A PARTICULAR MEMBER
(Section 845.005 Government Code)
WHEREAS, the County is a participating subdivision in the Texas County and District
Retirement System (hereafter "System ") under Subtitle F, Title 8, Government Code (hereafter
" TCDRS Act "); and
WHEREAS, the County acknowledges that a reporting error in service credited to a particular
member occurred without the knowledge or fault of the member; and,
WHEREAS, the County shall also verify the amounts of service, as well as, compensation, for
those months of credited service and current service credit the member should have been granted; and,
WHEREAS, the Commissioners Court, as prescribed in Section 843.005 of the TCDRS Act, has
determined that it is in the County's interest to rectify this error by authorizing the establishment of
credited service and current service for the particular member who has not received the correct amount
of credited service and current service credit performed for the County and who is barred from doing
so by the limitation period provided by Section 842.112(b); now, therefore, be it ORDERED, That:
1. The County acknowledges that a reporting error in credited service and current service
occurred without the knowledge or fault ofMr./Ms. Isaac Butler, Jr.
2. Thus, as set forth in Section 843.005, the County authorizes the establishment of
70 total months of credited service and current service credit for Mr./Ms.
Isaac Butler, Jr.
The County also recognizes that the service credit
attributable to the member contributions deposited under this section is determined
using the credit percentages in effect for the month in which the deposit is made. For
credited service and current service credit under this section, the deposits, as described
in 843.005(e), shall be paid in such manner that the System will receive the fiends at its
offices no later than the last day of this calendar year.
160
PART THREE: CLERK'S CERTIFICATION
I, Karen MCqueen , Clerk of Brazos
County
and ex- officio Clerk of the Commissioners Court, do hereby certify that the foregoing is a full, true and
correct copy of Commissioners Court Order To Make An Adjustment To Credited Service And
Current Service Credit For A Particular Member, and of the official minutes pertaining to its
adoption, as the same appear of record in the official minutes of the Commissioners Court of the
County.
SEAL Given under my hand and seal of office this day
Of August , 2007 .
ounty Clerk and Ex- Officio Clerk of the Commissioners Court
Lql Fv.,ii
July 18, 2007
Ms. Ruth McLeod
Brazos County, Administrative Asst to Commissioner's Court
300 E 26th Ste 107
Bryan, TX 77803
ERROR CORRECTION CALCULATION
Dear Ms. McLeod:
Post Office Box 2034
Austin, TX 78768 -2034
(512) 328 -8889
800 - 823 -7782
Fax: (512) 328 -8887
www.tcdrs.org
Thank you for your error correction calculation request for Isaac Butler Jr. We have reviewed your request and based
on our records, have determined the following amount and service time credit that would match the compensation
data you provided.
Service Period: 1/91 -11/96
Credited Service: 70 months member already awarded credited service for 11/96
Employee Deposit Amount: $4,955.48
Interest on Employee Deposit Amount: $6,929.79
Total Adjustment Amount: $11,855.27
An adjustment may be made for the total service time and total dollar amount shown above or a portion thereof.
Please send a letter indicating that your governing board has certified the time period and dollar amount desired, along
with a check.
Please note the following that apply to processing an adjustment:
➢ We may only accept funds from your organization. TCDRS cannot accept money from the member for
whom we are adjusting the account.
➢ The adjustment cannot provide a larger benefit than the member would have earned if no error occurred.
➢ Any increase in employer funded benefits resulting from the adjustment will be paid through future monthly
employer contributions.
➢ The adjustments shown above are only valid through December 3151 of the current year. If you want to make
an adjustment after December 3151, a new calculation will be required. Please contact Employer Accounting
for assistance.
If you have any questions, please call me at ext. 266.
Sincerely,
&-VAAO
enni er e S to
Em oyer Ac ounting Manager
:;C 5 -512
Trustees Robert A. Eckels Bridget McDowell Jerry V. Bigham Daniel R Haggerty
Chair Vice -Chair H.C. "Chuck" Cazalas
Jan Kennady
Ed Miles, Jr. Gerald "Buddy" Winn
Bob Willis
ORI)F:R RELOCATING POLLING PL UT FOR ELECTION PRF;CINC,r 11
1k'[IFRF„ AS, there exists at the present time a certain polling place which can not
be used for the purpose of conducting elections; and
WHEREAS, the polling place for Flection Precinct l l is located in the Crockett
Elementary School, 401 Elm St., Bryan, Texas; and
WHEREAS, for the convenience of the voters it is recommended that Election
Precinct 11 be conducted at the Cavitt Church of Christ located at 3200 Cavitt Ave,
Bryan, Texas:
WHEREAS, the Cavitt Church of Christ has agreed to allow the polling place for
Election Precinct 1 1 to be located in the Cavitt Church of Christ Annex located at 3200
Cavitt Ave, Bryan, Texas:
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, THAT:
Pursuant to chapter 43 of the Texas Election Code that the location of the polling
place be relocated in Brazos County to wit:
THAT the polling place for Election Precinct 11 be located in the Cavitt Church
of Christ Annex located at 3200 Cavitt Ave, Bryan, Texas;
CHAT submission be made to the Assistant Attorney General, Civil Rights
Division, Voting Section, Department of Justice, Washington U.C. requesting the
preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act.
Exhibit B
��_ 110
ADOPTI.Dthis day of 2007bya vote of_'
and 0- NA N'S.
ATTFST:
Karen McQueen, County Clerk
Randy Sims, County Judge
�g
GENERAL CERTIFICATE OF
BRAZOS COUNTY
We, the undersigned officers of the Commissioners Court of Brazos County hereby certify
that:
1. The Commissioners Court of said County convened in SPECIAL TERM ON THE
7TH DAY OF August, 2007, at the designated meeting place, and the roll was called of the duly
constituted officers and members of said Commissioners Court, to -wit:
Kenny Mallard, President
Duane Peters, Vice President
Carey Cauley, Jr., Secretary
Candy Gallego, Assistant Secretary
Randy Sims, Board Member
and all of said persons were present, except the following absentees: N/4 and
N /A , thus constituting a quorum. Whereupon, among other business, the following
was transacted at said Meeting: a written
RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT
RELATING TO THE APPROVAL OF THE
FRANCISCAN SERVICES CORPORATION OBLIGATED GROUP
REVENUE REFUNDING BONDS, SERIES 2007 A (ST. JOSEPH REGIONAL HEALTH
CENTER)
was duly introduced for the consideration of said Commissioners Court and read in full. It was then
duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion,
carrying with it the adoption of said Resolution, prevailed and carried by the following vote:
AYES: All members of said Commissioners Court shown present
above voted "Aye"
NOES: -0-
ABSTENTIONS: -0-
2. A true, full, and correct copy of the aforesaid Resolution adopted at the Meeting
described in the above and foregoing paragraph is attached hereto as Exhibit A; said Resolution has
been duly recorded in said Commissioners Court minutes of said Meeting; the above and foregoing
paragraph is a true, full, and correct excerpt from said Commissioners Court minutes of said Meeting
pertaining to the adoption of said Resolution; the persons named in the above and foregoing
paragraph are the duly chosen, qualified, and acting officers and members of said Commissioners
Court as indicated therein; and each of the officers and members of said Commissioners Court was
duly and sufficiently notified, officially and personally, in advance, of the time, place, and purpose
of the aforesaid Meeting and that said Resolution would be introduced and considered for adoption
at said Meeting, and each of said officers and members consented, in advance, to the holding of said
Meeting for such purpose; and said Meeting was open to the public, and public notice of the time,
place, and purpose of said Meeting was given, all as required by Chapter 551 of the Texas
3207869x.9
General Certificate of Brazos County -I-
r
Government Code.
3. A true, correct, and accurate copy of the information filed by the Brazos County
Health Facilities Development Corporation (hereinafter called the "Corporation ") with the
Commissioners Court of said County on the 7th day of August, 2007, pursuant to Section 221.062 of
the Health Facilities Development Act, related to the issuance of the Franciscan Services
Corporation Obligated Group Revenue Refunding Bonds, Series 2007 A (hereinafter called the
"Bonds "), is attached hereto as Exhibit B.
4. True, correct, and accurate copies of the resolution(s) of the Commissioners Court of
Brazos County approving the bylaws of the Corporation and all amendments thereto, if any, are
attached hereto as Exhibit C.
5. According to the official records of the Commissioners Court of said County, the
current directors of the Corporation appointed by such Commissioners Court are: Kenny Mallard,
Duane Peters, Carey Cauley, Jr., Candy Gallego, and Randy Sims.
6. No action has been taken by the Commissioners Court of said County pursuant to
Section 221.035 of the Health Facilities Development Act or otherwise to limit the effectiveness of
the resolution adopted by the Board of Directors of the Corporation authorizing the issuance of the
Bonds or affect the transaction represented by the Bonds.
7. A true, full, and correct copy of the Minutes of the public hearing held pursuant to
Section 147(0 of the Internal Revenue Code of 1986, with respect to the Bonds, is attached hereto as
Exhibit D.
8. The Attorney General of the State of Texas (the "Attorney General") is hereby
authorized to date this certificate on and as of the date of his approval of the Bonds, and this
certificate and the matters herein certified shall be deemed for all purposes to be true, accurate, and
correct on and as of that date, and on and as of the Closing Date, unless an authorized officer of
Brazos County shall notify the Attorney General, the Trustee for the Bonds, the Corporation, and the
Underwriter for the Bonds in writing or by telephone, telegraph, or telecopier to the contrary prior to
either of such dates.
3207869v.9
General Certificate of Brazos County -2-
� ?_ . 193
SIGNED AND SEALED the day of
2 0 � � 11� Ke- t4�
C6unty Clerk,
Commissioners Court
(Seal)
3207869v.9
General Certificate of Brazos County -3-
L97r'ft -194-
EXHIBIT A
RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT
RELATING TO APPROVAL OF THE
FRANCISCAN SERVICES CORPORATION OBLIGATED GROUP
REVENUE REFUNDING BONDS, SERIES 2007 A (ST. JOSEPH REGIONAL
HEALTH CENTER)
WHEREAS, the creation of the Brazos County Health Facilities Development Corporation
(the "Issuer ") was authorized by a resolution of the Brazos County Commissioners Court ( "Brazos
County ") on January 11, 1982, in accordance with the provisions of the Health Facilities
Development Act, Chapter 221, Texas Health & Safety Code (formerly Article 1528j, V.A.T.C.S.),
as amended; and
WHEREAS, Section 1.3(c) of the Bylaws of the Issuer provides that as a condition precedent
to the issuance of obligations, the Issuer must obtain the approval of the issuance of such obligations
by written resolution of the Commissioners Court of Brazos County; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "),
requires that the Commissioners Court of Brazos County approve the Bonds described below to be
issued by the Issuer on behalf of Brazos County, Texas for the purposes set forth in the resolution of
the Issuer hereinafter described; and
WHEREAS, the Issuer intends to issue its Brazos County Health Facilities Development
Corporation Franciscan Services Corporation Obligated Group Revenue Refunding Bonds, Series
2007 A (St. Joseph Regional Health Center) (the "Bonds "), pursuant to the resolution of the Issuer
attached hereto as Attachment A and made a part hereof, and
WHEREAS, the Bonds are being issued for the purpose of (i) refunding outstanding bonds of
the Issuer in advance of their maturities to obtain a debt service savings, and (ii) paying certain
issuance costs in connection with the Bonds; and
WHEREAS, a public hearing has been held by the Issuer with respect to the issuance of the
Bonds, and notice of such public hearing was published in a newspaper of general circulation in
Brazos County at least 14 days prior to the date of such public hearing; and
WHEREAS, Brazos County finds and determines it is necessary and advisable that this
Resolution be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS:
1. That the issuance of the Bonds by the Issuer is hereby approved in accordance with
the Bylaws of the Issuer; and
3207869v.9
2. That the issuance of the Bonds is hereby approved for the purposes of Section 147(f)
of the Code.
APPROVED AND SUBMITTED this —"'L day of � 2007.
ATTESTED by:
County Clerk
3207869v.9
2
3207869v.9
ATTACHMENT A
RESOLUTION
BY THE BOARD OF DIRECTORS OF
BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION
RELATING TO THE ISSUANCE OF
FRANCISCAN SERVICES CORPORATION OBLIGATED GROUP
REVENUE REFUNDING BONDS SERIES 2007 A (ST. JOSEPH REGIONAL
HEALTH CENTER)
WHEREAS, Brazos County Health Facilities Development Corporation (the "Issuer ") has
been created and organized in accordance with the provisions of the Health Facilities Development
Act, Chapter 221, Texas Health & Safety Code (formerly article 1528j, V.A.T.C.S.) (the "Acf'), with
powers to provide, expand, and improve health facilities (as defined in the Act); and
WHEREAS, the Issuer is authorized by the Act to make secured and unsecured loans for the
purpose of providing temporary or permanent financing or refinancing of all or part of the cost of
health facilities, and to charge and collect interest on such loans for such loan payments upon such
terms and conditions as the Board of Directors of the Issuer may deem advisable and as are not in
conflict with the provisions of the Act; and
WHEREAS, the Issuer is authorized by the Act to issue its bonds, the proceeds of which may
be used for the making of a loan in the amount of all or part of the cost of financing or refinancing
health facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION:
1. That, the Board of Directors of the Issuer hereby determines that the refinancing of all or a
portion of the Issuer's Franciscan Services Corporation Obligated Group Revenue Bonds Series
1997 A and Series 1997 B, the proceeds of which were used to finance or refinance the cost of the
construction, acquisition and equipping of healthcare facilities for St. Joseph Regional Health Center
and St. Joseph Manor, to be financed with the proceeds of the bonds entitled "Brazos County Health
Facilities Development Corporation Franciscan Services Corporation Obligated Group Revenue
Refunding Bonds, Series 2007 A (St. Joseph Regional Health Center)" (the "Series 2007A Bonds "),
in an amount not to exceed $65,000,000, is needed for the purpose of improving the adequacy, cost,
and accessibility of health care, research, and education within the State of Texas.
2. That, the Board of Directors of the Issuer hereby determines that the financing of the Project
is required, necessary, or convenient to the health care, research, and education within the State of
Texas.
3. That, the Board of Directors of the Issuer hereby declares its intent to issue the Series 2007 A
Bonds and to loan the proceeds thereof to St. Joseph Regional Health Center for the payment of all
or apart of the cost of financing or refinancing health facilities in and around the County of Brazos,
Texas and in the State of Texas.
4. That, the Board of Directors of the Issuer hereby calls a public hearing, required under
3207869v.9
Section 147(f) of the Internal Revenue Code of 1986, as amended, for purposes of discussing the
Series 2007 A Bonds to be held as soon as possible in the sole discretion of the Hearing Officer
appointed in section 5, below (the "Public Hearing ").
5. That, the Board of Directors of the Issuer hereby appoints Candy Gallego to serve as Hearing
Officer at the Public Hearing.
2
3207869v.9
q l 199
CERTIFICATE OF FILING
I, the undersigned officer of Brazos County Health Facilities Development Corporation,
hereby certify as follows:
That I am the duly elected or appointed President of Brazos County Health
Facilities Development Corporation.
2. That on August 7, 2007, I filed or caused to be filed on behalf of the Brazos
County Health Facilities Development Corporation an executed original copy of
the attached letter with the Commissioners Court of Brazos County, Texas by
filing an original executed copy of same with the County Clerk and the County
Judge and each member of the Commissioners Court at his or her respective
office in the City of Bryan, Texas.
WITNESS MY HAND on this the _ day of August, 2007.
4841831 v. l
President, Brazos County Health Facilities
Development Corporation
Brazos County Commissioners Court
Brazos County Courthouse
300 East 26h Street, Room 115
Bryan, TX 77803
Re: Franciscan Services Corporation Obligated Group
Revenue Bonds, Series 2007 A (St. Joseph Health
Center)
County Judge and Commissioners:
Pursuant to Section 221.062 of the Health Facilities Development Act, Texas Health &
Safety Code (formerly Section 4.03, Article 1528j, V.A.T.C.S.) (the "Act "), the Act under which
the Brazos County Commissioners Court created the Brazos County Health Facilities
Development Corporation, notice is hereby given that the Brazos County Health Facilities
Development Corporation intends to issue its above - captioned bonds (the "Series 2007 A Bonds)
for the purpose of the refinancing of all or a portion of the Brazos County Health Facilities
Development Corporation Franciscan Services Corporation Obligated Group Revenue Bonds
Series 1997 A and Series 1997 B for St. Joseph Regional Health Center, a Texas non - profit
corporation (the "Hospital'). The anticipated size of the proposed issue of the Series 2007 A
Bonds is not to exceed $65,000,000. The Hospital is located at 2801 Franciscan Drive, Bryan,
Texas. The necessity for the issuance of the 2007 A Bonds is to help the Hospital realize saving
on debt service, which will assist it in the maintenance of public health and the provision of
health facilities for the promotion and development of health care, all for the public purpose of
promoting the health and welfare of the citizens of Brazos County, Texas, and the citizens of the
State of Texas, and for the purpose of improving the adequacy, cost, and accessibility of the
health care, research, and education within this State.
The proposed Series 2007 A Bonds will be issued not less than fourteen (14) days from
the date of filing of this letter.
(SEAL)
Date of Filing:
4841831 v. l
Sincerely,
BRAZOS COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION
Lo
3207869v.9
EXHIBIT C
RESOLUTION APPROVING BYLAWS
3207869v.9
EXHIBIT D
MINUTES OF PUBLIC HEARING
It
LEASE AGREEMENT
This lease agreement which is effective as of the I day of .1c , 2007,
is made by and between Brazos County, Texas, ( "Lessor ") whose address for purposes of this
agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of
Bryan - College Station, Inc. ( "Lessee ") whose address for purposes of this agreement is 3232
Briarcrest Drive, Bryan, Brazos County, Texas, 77802.
In consideration of the mutual covenants and agreements herein set forth and other good and
valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease
from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly
referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached
hereto with such property hereinafter called the "leased premises ".
1, 2009.
I.
TERM
The term of this lease shall be two (2) years commencing on June 1, 2007, and ending on June
11.
RENT AND USE OF THE LEASED PREMISES
A. Lessee agrees to pay to Lessor without any prior demand therefore and without any deduction or
setoff as a fixed minimum rent of the sum of Six Hundred Fifty Dollars ($660.00) per month during
the entire term of this lease, such amount to be referred to herein as the `Base Rent." Unless
otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described
below in consideration for the payment of the Base Rent and no other amount.
B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the
leased premises as follows:
1. At all times, the exclusive use of the office space described and designated at Exhibit "A"
attached hereto.
2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as
described on Exhibit "A ".
3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of
general membership, board, and provisional meetings scheduled for the twelve months to
follow. The Lessor shall, within two weeks of receiving the calendar of meetings, respond to
the Lessee with a confirmation of the proposed schedule. Once the proposed calendar is
confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the
Lessor for use by the Lessee. The room set -up for these three types of meetings can be
auditorium style or banquet style. If Lessee will not require the use of the requested rooms for
the meetings on any given day, Lessee will give Lessor at least 30 days notice. It is generally
understood and agreed by Lessor and Lessee that the general membership meetings will be
held in either Assembly I, Ili, IV, or in Lecture /Rehearsal 102.
4. Those areas designated on Exhibit "A" as Room 106, Room 108, and Room 102 may be used
for committee and council meetings at no extra charge provided the following conditions
prevail:
a. Meetings are to be held only during normal business hours, or after 5 P.M. when
another activity is scheduled requiring a Brazos Center attendant to be on the
premises.
b. The Lessee must request use of the space at least one week in advance. Such
notice must include the date of the meeting, the start and end time, and the name of
the person presiding over the meeting.
5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly
IV, or Room 102 for 2 - six hour periods as scheduled in advance with the Brazos Center for
Agency Orientation and Candidate Orientation.
C. Lessee may schedule additional meetings utilizing Assembly I, III, and or IV on a first -come, first -
served basis at the rate of $50.00 per day for each area.
D. Lessor shall provide cleanup service after General Membership, Board, Provisional and Committee
meetings, including Agency Orientation and Candidate Orientation, held in Assembly I, III, IV or rooms
102, 106, and 108. Cleanup service includes emptying trash cans and disposing of trash in the
dumpster, sweeping and mopping floor and disposing of all remaining items left in room unless
otherwise notified. Lessee is responsible for the care and removal of their property, decorations, and
equipment.
111.
BUSINESS
Lessee shall use the leased premises solely for the use and purpose for which it is let, that
being the conduct of Junior League meetings and related Junior League meetings and related
Junior League activities as described herein.
IV.
CONSTRUCTION AND ACCEPTANCE OR PREMISES
Lessor will provide to Lessee exclusive use of all property described in Exhibit "A" attached
hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any
improvements on or in such without the express written consent of the Lessor.
V.
MAINTENANCE AND SURRENDER
Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the
structural soundness of the exterior walls, and all other parts of the building and other improvements on
the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of
repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning
equipment, fire protection, sprinkler system and the interior of the building in general including the
reasonable care of the entrance and exit of the premises.
Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial
services for the leased premises as well as minor maintenance of the leased premises. Lessee shall
throughout the lease term maintain the leased premises and keep them free from waste or nuisance, and
shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable
wear and tear and damage from fire, tornado and other casualties excepted.
VI.
TAXES AND ASSESSMENTS
Lessor shall pay and fully discharge all taxes, special assessments and governmental charges, if
any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes,
special assessments and governmental charges, if any, for any and all personal property located on the
above premises.
E
�� aos
Vu.
UTILITIES
Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about
the leased premises.
Lessee shall pay all charges for its dedicated telephone service and answering service.
VIII.
INSURANCE
Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in
amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all times a
police of general liability insurance, including coverage for property damage, in an amount no less than
$500,000.00.
Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee
holds Lessor harmless from any claims or causes of action for the loss of or damage to the property
owned by or under the care of the Lessee.
IX.
SIGNS
Lessee may not erect signs on any portion of the leased premises, with the exception of small
signs identifying the leased premises which have been approved by Lessor in advance.
X.
INDEMNITY
The Lessee agrees to and shall Indemnify and hold harmless and defend the Lessor, its
officers, agents, elected officials and employees from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all expenses of litigation,
court costs and attorney's fees, for injury to or death of any person, or damage to any property, or
for any breach of contract arising out of or in connection with this lease agreement and the
purposes for which this lease agreement was entered Into, including but not limited to property
damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1)
the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any
Invitees, licensees or guests of the Lessee.
XI.
DEFAULT
If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S.
mail, return receipt requested, of such delinquency, or shall remain in default under any other conditions of
this lease for a period of ten (10) days after written notice by U.S. mail, return receipt requested, from
Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof,
by reason of receivership bankruptcy proceedings, or other operation of law in any manner whatsoever,
Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this
lease, or in the alternative, Lessor may reenter and take possession of said premises and remove all
persons and property therefrom, without being deemed guilty of any manner of trespass and relet the
premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to
Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should
Lessor by unable to relet after reasonable efforts to do so, or should such monthly rental be less than the
rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting,
then Lessee shall pay the amount of such deficiency to Lessor.
K,
XII.
ASSIGNMENT AND SUBLEASE
Lessee shall not assign this lease, and any interest therein, or sublet the leased premises, or any
part thereof, or any right or privilege pertinent thereto.
XIII.
NOTICES AND ADDRESSES
All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the
sole exception that notice of default must be delivered by U.S. mail, certified return receipt requested,
addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the
following addresses:
Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802
Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802
XIV.
TEXAS LAW TO APPLY
This agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Brazos County, Texas.
XV.
PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties
respecting the within subject matter.
XVI.
AMENDMENT
No amendment, modification or alteration of the terms hereof shall be binding unless the same be
in writing, dated subsequent to the date hereof duly executed by the parties hereto.
XVII.
ATTORNEY'S FEES
In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not
in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting
party agrees to pay the other party reasonable attorney's fees so incurred by such other party.
XVIII.
FORCE MAJEURE
Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this
lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of
God, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not
reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or
Lessee is unable, wholly or in part, to prevent or overcome.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as
of the date and year first above written.
4
LESSOR:
BRAZOS COUNTY, TEXAS
C/O THE BRAZOS CENTER
LESSEE:
THE JUNIOR LEAGUE OF BRYAN -
COLLEGE STATION, INC.
NAME: NAME: Ockt'v-t�
TITLE: l f/�J�C.�tl� / �bQ �� TITLE: �1t�+S�C&_
BRAZOS CO "�TY, T S--
C/O COUNTYVJUD
COUNTY J
V A < r- - �2
DATE
r..
5
-#/7
Juvenile Services / TAMU Psychology Agreement Page 1 of 4 (3
Clinical Psychology Services Agreement between
Brazos County Department of Juvenile Services
and the Psychology Clinic in the
Department of Psychology at Texas AftM University
Proposal prepared by
Robert W. Heffer
Department of Psychology
Texas A£tM University
July 16, 2007
c:\ ... word\juveniteservices\JuvSer07.doc
X11 ac,9
Juvenile Services / TAMU Psychology Agreement Page 3 of 4
Clinical Psychology Services Agreement between Brazos County Department of Juvenile Services
and the Psychology Clinic in the
Department of Psychology at Texas A&M University
I. Purpose of Agreement
This contract outlines an agreement between the Brazos County Department of Juvenile Services
(henceforth referred to as Juvenile Services) and the clinical psychology program in the Department of
Psychology at Texas A&M University (henceforth referred to as TAMU) regarding a clinical
assistantship program between the two institutions. TAMU Employer's I.D. #: 76- 4000531;
profession/ Occupation: Psychologist.
The TAMU address for correspondence regarding services is: Lorie Lapaglia, Department of
Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843 -4235 Phone: 979 - 845 -2563
The TAMU liaison regarding services is Robert Heller, Ph.D., Director TAMU Psychology Clinic,
Department of Psychology, Texas A &M University, 4235 TAMU, College Station, TX 77843 -4235 Phone:
979 - 845 -8017.
The purpose of this agreement, to be in effect for a period of 12 months beginning October 1, 2007
and continuing until September 31, 2008, is to provide the terms whereby (a) students enrolled in
the Doctoral Clinical Psychology Program shall receive on -site educational experiences from Juvenile
Services, and (b) Juvenile Services shall receive clinical psychology services provided by students
enrolled in the doctoral clinical psychology program.
II. Respective Responsibilities
A. TAMU agrees to:
1. Provide a masters -level graduate student in our clinical psychology doctoral program to Juvenile
Services for 10 hours per week for 50 weeks during a 12 -month period (500 hours per year).
2. Provide weekly doctoral -level faculty supervision for this graduate student to be included in the 10
hours per week.
3. Bill Juvenile Services monthly for services provided.
B. The student agrees to:
1. Provide clinical psychology services to Juvenile Services for 10 hours per week. Scheduling of these
10 hours is to be negotiated on an individual basis between the student and the on -site supervisor at
Juvenile Services.
2. Include within the 10 hours per week the following activities: direct clinical services, staff meetings
and consultations, doctoral -level supervision at TAMU, and all administrative responsibilities including
preparation of written reports and maintenance of clinical records.
3. Comply with policies established by Juvenile Services regarding code of ethics, confidentiality, and
other issues relevant to provision of clinical services in a multidisciplinary setting. The student will
supply appropriate certification of credentials and complete agreements regarding confidentiality and
other professional issues as required by Juvenile Services or its staff and consultants.
C. Juvenile Services agrees to:
1. Submit a check payable to Texas A8:M University 10 days following receipt of the bill for services.
c:\ ... word\ juven Reservices \JuvSer07. doc
Juvenile Services / TAMU Psychology Agreement Page 4 of 4
2. Provide case -by -case consultation to the student on an as- needed basis by Juvenile Services staff.
3. Provide written evaluation of the student to the director of clinical psychology training at TAMU at
the end of the term of this agreement.
4. In consultation with the student, identify a total of 10 working days (other than Juvenile Services
holidays) during the 12 -month period, during which no clinical services will be provided by the student.
D. TAMU and Juvenile Services both agree to:
1. Selection of the graduate student for this clinical assistantship by the Director of Clinical Psychology
Training at TAMU in consultation with program faculty and with appropriate Juvenile Services
administrative personnel.
2. Mutual evaluation of the graduate student throughout the term of this agreement. In the event that
difficulties arise with any component of the assistantship program, the following steps will be
undertaken:
a. Either Juvenile Services or TAMU may initiate a joint meeting with representatives from both
institutions, including the student assigned to the assistantship, to identify relevant issues and
plan appropriate interventions to remediate these difficulties.
b. In the event that appropriate interventions cannot be identified or upon implementation and
modification prove unsuccessful, reasonable efforts will be made to continue the student's
clinical assistantship at Juvenile Services through the last month of the current academic
semester.
c. Should continuation of the assistantship or a given student through the end of the current
academic semester not prove possible, this agreement may be cancelled upon 30 days written
notice by either Juvenile Services or TAMU.
III. Professional Liability
1. Professional liability insurance provided for graduate students in clinical psychology through the
Department of Psychology will cover their clinical assistantship responsibilities at Juvenile Services.
2. Professional liability insurance provided for faculty supervisors in clinical psychology through the
Department of Psychology will cover their supervisory responsibilities to this assistantship.
IV. Cost of Agreement
1. This agreement constitutes a fixed -cost contract.
2. Juvenile Services agrees to purchase these services for the sum of $13,626.24 to be paid in 12
monthly installments of $1,135.52. This sum is equivalent to $27.25 per service hour.
V. Term of Agreement
1. The term of this agreement shall be for a period of 12 months beginning October 1, 2007 and
ending September 30, 2008.
2. This agreement may be renewed if mutually agreed upon by both parties.
c:\ ... word\ j uven i lese rvices \J uvSer07. doc
Juvenile Services / TAMU Psychology Agreement Page 2 of 4
Institutional Representatives
For Brazos County Department
of Juvenile Services
Doug Vance, ExJcutive Director
Brazos County Juvenile Services Department
For Brazos County
Court of CoWissi
Randy Sims, dge
Brazos Codhtv Commissioners Court
For Texas A&M University
Dean K. Endler, Executive Director
Contract Administration
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Date
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I D communications
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ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS
1. L -3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, will provide response as soon as possible to
requests for equipment service from Buyer's authorized representative. 8 -hour Seller response time will be typical in geographical locations
where Seller has resident service engineers. 24 -hour Seller response time will be typical in geographical locations where Seller does not have
resident service engineers.
2. As applicable to the specific maintenance contract schedule, service actions performed by Seller will include all parts, materials, and labor
required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications.
Seller will not perform any modifications to the equipment without Buyer's written approval.
3. Service actions performed by Seller under this contract will not include maintenance or repair of accessories, attachments, machines, or other
similar devices not originally supplied or provided by Seller; painting or refinishing of equipment or providing such painting or refinishing
materials; or furnishing supplies, accessories, or other similar devices except as specifically required for equipment repair or maintenance. Also
excluded from this contract are parts, materials, and other ancillary equipment which have been damaged due to improper handling; power
surges, exposure to the elements of extreme heat, extreme cold, moisture; acts of nature such as rain, sleet ,snow, earthquakes, lightening,
hurricane, etc. Equipment failures resulting from installation or operation or use in any manner not in accordance with Seller instructions; failures
resulting from installation or operation or use in any manner not in accordance with Seller instructions; equipment damage due to misuse or
abuse (through negligence, accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired
or modified without the written approval of Seller.
4. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least
possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyer's
premises in as neat, orderly, and clean condition as existed upon start of services
5. Buyer will provide adequate facilities for Seller's personnel. The facilities will Include adequate workspace, heat, lighting, ventilation, proper
electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being
serviced and will be provided by Buyer at no cost to Seller.
6. Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities.
7. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses.
8. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this contract.
9. Upon agreement between Buyer and Seller, Seller may perform additional services beyond Seller's obligations under this contract. Such
services may include, but are not limited to, equipment installation, relocation, and re- installation. All such services, when performed, will be
invoiced to Buyer in accordance with Seller's prevailing standard service rate schedule.
10. Upon completion of service, Seller's service engineer will submit the Service Call Report (SCR) to Buyers authorized representative. The SCR
will itemize the service actions performed. Buyer's authorized representative will be provided with a copy of the completed and signed SCR.
Should Buyer fall to have an authorized representative on site for any reason upon completion of Seller's services, the lack of Buyer's authorized
representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller.
11. Cancellation during the contract period. In the event that new equipment supplied by Seller replaces the equipment currently under contract,
the Buyer may cancel equal portions of this contract without charge by giving written notice to Seller. In the case of a cancellation for any other
reason, the Buyer must provide Seller ninety (90) days prior written notice of cancellation -or- pay Seller twenty five percent (25 %) of the
remaining annual contract value as liquidated damages. Seller also reserves the right to cancel this contract upon written notice if the Buyer is in
default.
12. Buyer retains the right to cancel this contract immediately and without advance notice to Seller should Seller's services be unsatisfactory in
quality or should Seller fail to perform in accordance with the statement of services for any reason within Seller's control. In the event of such
cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written
cancellation notice.
13. Seller will not transfer or assign its obligations under this contract, either in whole or in part, without the prior written approval of Buyer.
14. Seller shall not be liable for, and the Buyer hereby assumes and will indemnify and save Seller harmless from, any loss or damage arising out of
the maintenance, operation or use of the System or any test equipment except such as may originate from the negligence of Seller or Its
representatives.
15. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE
LIABLE FOR (1) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY
DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR
PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES, OR (II) FOR ANY THIRD PARTY CLAIMS
AGAINST CUSTOMER. SELLER'S MAXIMUM LIABILITY UNDER ANY ORDER, INCLUDING LIABILITY ARISING OUT OF PRODUCTS
DELIVERED, SERVICES PERFORMED OR FROM SELLER'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, WILL BE LIMITED TO THE
AMOUNT PAID TO SELLER FOR THE PRODUCTS AND /OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE CLAIM.
16. Buyer shall have the right to request that systems be removed from service coverage -or- returned to service coverage on a pro -rated basis. Prior to
systems being returned to service coverage all systems are subject to billable pre - Inspection services to be performed by the Seller. The Seller's
prevailing standard service rates shall be used to calculate the pre- inspection services.
10E Commerce Way, Woburn, MA 01801 Phone: 781- 939 -3821 Fax: 781 -9WM5 ServiceContKt ;.Sf (caL- 3com.com 2417 Customer Service 800 - 776 -3031
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CONTRACT PROPOSAL FOR: PROPOSAL NO: P -6 -11 -2007
Ms. Marcia Mann DATE OF PROPOSAL: 06 -11 -2007
Brazos County Sheriff's Office PROPOSAL VALID FOR: 90 DAYS
300 East 26" St., Suite 105
Bryan, TX 77803
'mmann(@co.brazos.tx.us'
ANNUAL EQUIPMENT HARDWARE MAINTENANCE — PLATINUM CONTRACT PROPOSAL
SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT:
• 24 -hrs /day, 7-days /week emergency repair service
• All necessary repair parts
• All service labor
• All travel and subsistence expenses
• All freight expenses
• One annual preventative maintenance inspection
• One annual radiation safety survey and preparation of FAA Form 1650 -17
• Additional services are available upon request at time and materials rates
COVERAGE PERIOD: October 1, 2007 through September 30, 2008
PAYMENT TERMS: Annual billing, in advance, payment net 30 days after delivery of Seller invoice
CONTRACT TERMS AND CONDITIONS: The terms and conditions of this contract are listed on Page 3 herein. These
seller terms and conditions shall take precedence over any and all others incorporated by the Buyer.
SYSTEMS TO BE SERVICED UNDER THIS CONTRACT:
Item Serial Number Description Unit Price Location
1 59319 Sys 210E, L83 $7,000.00 Bryan, TX
TOTAL ANNUAL PRICE: $7,000.00 plus tax if applicable
• To process the order for invoicing we MUST have a hard copy of your Purchase Order.
ADDRESS FOR SELLER MUST BE 10E COMMERCE WAY, WOBURN, MA 01801 ON PURCHASE ORDER AND ALL CORRESPONDENCE
To accept this offer please sign below and be sure to include the following information in your Purchase Order for this maintenance contract: If your organization does
not utilize Purchase Orders, please send written correspondence to Indicate your acceptance of the contract proposal. The following Information is a guideline
of what the Purchase Order or written correspondence should contain:
• PO /correspondence on company stationary and signed by Buyers authorized manager /officer
• Billing address with contact name, phone and fax numbers
• Reference to Seller contract proposal ID number
• Total dollar value of contract
• Indicate method of payment: (Check, Credit Card or Electronic Funds Transfer)
Please reference proposal number P -6 -11 -2007 on your purchase order and contact Richard Lampke with
questions concerning order placement via Phone: 781 - 939 -3957 -or- Richard.11-ampke(ML- 3com.com
BUYER PURCHASE ORDER NUMBER:
ACCEPTED:
BRAZOS COUNTY SHERIFF'S 0"ICe-
L -3 COMMUNICATIONS SECURITY
AND DETECTION SYSTEMS, INC.:
Name: Richard Lampke
Title: Contracts Dept
Signature: P. -Igp 4 —
Date: June 11. 2007
10E Commerce Way, Woburn, MA 01801 Phone: 781 - 939 -3821 Fax: 781 - 939 -3815 ServiceContracts.SDSOL- 3com.com 2417 Customer Service 800 - 776.3031
D comnwnications
$"WRY & 00"U n Symms ire.
4
ANNUAL PREVENTATIVE MAINTENANCE FOR X -RAY SYSTEMS
VISUAL AND MECHANICAL
• Vacuum system interior and exterior
• Lubricate conveyor rollers
• Inspect condition of conveyor belt and lacing
• Adjust conveyor belt tension and tracking
• Inspect condition of x -ray senor dust shields
• Inspect for x -ray generator oil leakage
• Align and clean optical sense modules
• Test indicator lamps for proper operation
OPERATIONAL SAFETY
• Inspect AC line cord for damage and test
for proper grounding
• Inspect finger guards and /or pop -out rollers
• Verify conveyor under panels are securely
attached test emergency stop switches
• Test Emergency Stop Switches
ELECTRONIC
• Adjust x -ray tube voltage and current
• Test operator control panels
• Adjust monitors
• Inspect conveyor relays
• Adjust power supply voltages
• Collimate x -ray beam
• Verify x -ray image quality & resolutions
RADIATION SAFETY
• Measure radiation dose per inspection (annual)
• Test all safety interlocks for proper operation
• Measure external radiation emissions (annual)
• Test all "x -ray on" indicators for proper operation
• Inspect condition of lead curtains
• Inspect operator footmat for condition and test
for proper operation
• Preparation of FAA Form 1650 -17
10E Commerce Way, Woburn, MA 01801 Phone: 781- 939 -3821 Fax: 781 - 939 -3815 ServiceContracts.SDS an.L-3com.com 2417 Customer Service 800 - 776 -3031
r
FROM G AND L SERUICES
t.
PHONE NO. : 979 836 6139 Aug. 01 2007 02:06PM P2
RENEWAL ACCEPTANCE
By signing herewith, G&L Servicee agrees to renew Annual Contract for
grease trap pumping, in accordance with all terms and conditions previously
agreed to and accepted, and with no increase in price.
I understand this agreement will be for the period beginning October 1. 2007,
through September 30, 2008.
G&LAorvIcas
Autho ted $ign tare
BRAZOS COUNTY
APP
Shea, County Judge
ate
Date
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