HomeMy WebLinkAbout2007-10-09-9:00AM-REGULARr f Cn
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BRAZOS COUNTY r,
BRYAN, TEXAS
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NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON, 9 OCTOBER 2007 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance — Commissioner Peters.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 35:
3. Budget Amendment 06/07 -48.1 thru 06/07 -48.3.
4. Budget Amendment 07/08 -2.1 thru 07/08 -2.4.
5. Personnel Change of Status.
6. Payment of Claims.
7. Proclamation 07 -034 celebrating the 100th anniversary of the Bryan Coca -Cola Bottling
Company and establishing October 2007 as Coca -Cola Month.
8. Lease agreement with Southwood West for the following County offices:
a. Constable, Pct. 1
b. Justice of the Peace, Pct. 1
9. The hiring of Holtkamp Realtt Consultants, Inc. to perform an appraisal of the Tabor
Road complex.
office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503
Commissioners Court Agenda
9 October 2007
Page 2
10. Contract with Victoria County for residential services, effective immediately through
31 August 2008.
11. Memorandum of Understanding between Juvenile Services and the Sheriffs Office
regarding emergency shelter for the Juvenile Detention Center, effective immediately
through 1 October 2008.
12. Contracts with the following community service agencies for FY08:
a. Brazos Animal Shelter
b. Brazos County Historical Commission
c. Keep Brazos Beautiful
d. Brazos County Emergency Communications District
e. George Bush Presidential Library Foundation
f. United Way of the Brazos Valley
g. Brazos Valley Community Action Agency, Inc.
13. Renewal of the Cognos, Optio, 4Js Compiler, and 4Js user licenses through SunGard
Pentamation for FY08.
14. Renewal of the Software Support Agreement with SunGard Pentamation for Optio AT
Check Maintenance, Optio Paycheck Check Maintenance, FAM Load Jury Checks into
Manual AT Check Batch, HRM Sick Pool, Optio Purchase Order, PUR Print
Requisition with Approver, and the FAM Print User ID on PO custom software
enhancements for FY08
15. Renewal of the Software Support Agreement with SunGard Pentamation for the Fixed
Assets Manager, Human Resource Manager, Position Control Manager, Warehouse
Inventory, Personnel Budgeting, and Fund Account Modules for FY08.
16. Renewal of the Software Support Agreement with SunGard Pentamation for the Cash
Receipts Manager Module for FY08.
17. Renewal of the Software Support Agreement with SunGard Pentamation for the `Add
Account Number to Receipt' custom software enhancement for FY08.
18. Renewal of the license agreement through DynaSource for the FY08 LaserFiche
software.
19. Requisition #00015882 in the amount of $11,076.00 to Reed Elsevier, Inc. for access to
the LexisNexis accounts for the Online Legal Library for FY08.
20. Renewal of the maintenance agreements through SunGard Pentamation for the
Informix Standard Engine Runtime, Client SDK Development, SQL Development, and
Standard Engine Development licenses for FY08.
Commissioners Court Agenda
9 October 2007
Page 3
21. Renewal of the Subscription and Online User Agreement with Entersect for use by the
Sheriff's Office as an online investigative database tool
22. Request for permission to grant a specific employee leave without pay, beginning with
the date of last paycheck to 12 November 2007, and to cover this position with a
visiting reporter during that time.
23. Requisition #00015702 in the amount of $3,129.90 for purchases from the Justice of the
Peace Technology Fund for the Precinct 3 Justice of the Peace Office.
24. Appointment of Lt. Wayland Rawls with the Bryan Police Department to the Homeland
Security Advisory Committee, replacing Lt. Freddie Komar who recently retired.
25. Tax Refund Applications for the following:
a. Guadalupe & Delorie Arredondo
b. FBO Eddie L. Wright #088659 (3)
26. Permission to award Bid 2008 -001, Hot Mix Asphaltic Concrete, as follows:
Primary Vendor: Big Creek Construction
Secondary Vendor: Knife River
27. Permission to award Bid 2008 -002, Culverts, as follows:
Primary Vendor: Contech Construction
Secondary Vendor: Wilson Culverts
28. Permission to award Bid 2008 -003, Lane Striping / Pavement Markers, as follows:
Primary Vendor: Texas Lone Star Pavement
Secondary Vendor: N -Line Traffic Maintenance
29. Permission to award Bid 2008 -004, Aggregate for Surface Treatment, to Colorado
Materials.
30. Capital requisition #00016170 in the amount of $7,248.60 to Skyline Communications
to replace the Road & Bridge radio repeater.
31. Right of way easement and damage waiver with Bryan Texas Utilities for the
installation of underground electrical service to the two portable buildings being moved
in behind the Juvenile Detention Center, with aid in construction payment of $8,271.63.
32. Amending Plat of Meadowcreek Subdivision, Phase 2 and Phase 3 with right of way
dedication of 0.029 acres, Samuel Davison league, A -13, Brazos County, Texas. Site is
located in Precinct 1.
109, 1 3
Commissioners Court Agenda
9 October 2007
Page 4
33. Payment authorization in the amount of $561.06 to Western Data Systems for the repair
of Road & Bridge's GPS unit. A purchase order was not obtained in advance because
of changes in Western Data Systems' billing procedures.
34. Payment authorization in the amount of $1,197.42 to Ben E. Keith Foods for the
Juvenile Detention Center Food Program; an error in the food order led to the invoice
amount being greater than the P.O..
35. Payment authorization in the amount of $1,222.42 to US Foodservice for the Juvenile
Detention Center Food Program; an error in the food order led to the invoice amount
being greater than the P.O.
36. Announcement of interest items and possible future agenda topics.
37. Call for citizen input and /or concerns.
38. Agency / Board / Committee reports by Court members.
39. 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 t meeting. To make arrangements, call (979) 361 -4102.
ij�
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 9, 2007
A regular meeti
County, Texas was
U
Courtroom in the Cc
beginning at 9:00 a.m. on '1-uebu -1, _
following members of the Court present:
,ers' Court of Brazos
County Commissioners
3razos County, Texas,
sober 9 2007 with the
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,
Absent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
There was no citizen input /and or concerns.
The Court next considered Budget Amendment #06/07 -48.1
through 48.3 that would reallocate funds for the Justice of
the Peace, Precinct 2, Place 2, Juvenile Services, and
increase the both revenue and expenditure for the Health and
Life Fund. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to approve
Vol ( o Page 6
Commissioners Court meeting October 9, 2007 2
the budget amendment as submitted, a copy of which is attached
hereto.
The Court next considered Budget Amendment #07/08 -2.1
through 2.4 that would set up budget for the Byrne Justice
Assistance Grant Program Award; to appropriate funds for the
TEEX -State Homeland Security Grant; and to transfer funds from
contingency to Sheriff's Office /Jail. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7042166 through 7042428
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
Vol L oa Page 6
Commissioners Court meeting October 9, 2007 3
The County Judge read aloud Proclamation #0 -034
designating the month October 2007 as "Coca Cola Month ". The
Court would like to honor Bryan Coca Cola for being a business
leader that supports a variety of organizations and events in
the community. On motion by the County Judge, seconded by
Commissioner Peters the Court moved to proclaim the month of
October, 2007 as "Coca Cola Month" throughout Brazos County.
The Court next considered renewal of a lease agreement
between Brazos County and Southwood West for the following
county offices:
a. Constable, Precinct 1
The term of the lease is for a period of twelve (12)
months commencing on October 1, 2007 and terminating
on September 30, 2008. The monthly rental fee is
$1,650.00.
b. Justice of the Peace, Precinct 1
The term of the lease is for a period of twelve (12)
months commencing on October 1, 2007 and terminating
on September 30, 2008. The monthly rental fee is
$2,213.50
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to renew the lease
agreement between Brazos County and Southwood West for lease
of office space for the Justice of the Peace, Precinct 1 and
Constable, Precinct 1. A copy of each Lease Agreement is
attached.
Vol [ 0a Page
Commissioners Court meeting October 9, 2007 4
The next matter before the Court was consideration of the
hiring of Holtkamp Realty Consultants, Inc. to perform an
appraisal of the Tabor Road Complex. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to hire Holtkamp, Realty Consultants, Inc.
The Court next considered entering into contract with
Victoria County Juvenile Justice Center for detention and
residential services. The following is a schedule of costs:
Detention $95.00 per /day, per /child
Residential $120.00 per /day, per child if pregnant
Residential $90.00 per /day, per /child
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve the contract
for Juvenile Residential Services with the Victoria County
Juvenile Justice Center. A copy of each contract is attached.
The next matter before the Court was consideration of a
Memorandum of Understanding (MOU)between Juvenile Services and
the Sheriff's Office regarding emergency shelter for the
Juvenile Detention Center. The purpose of the MOU is to
establish the Brazos County Sheriffs Department, Sandy Point
Detention Center as an emergency evacuation site for the
Brazos County Juvenile Detention. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
Vol 10 a Page g
Commissioners Court meeting October 9, 2007
5
unanimously to approve the MOU and authorized the County Judge
to execute the document. A copy is attached.
The Court proceeded to consider contracts with the
following service agencies for FY 08:
a. Brazos Animal Shelter
$37,405.00 annually, term October 1, 2007 through
September 30, 2008
b. Brazos County Historical Commission
$3,600.00 annually, term October 1, 2007 through
September 30, 2008
c. Keep Brazos Beautiful
$18,000.00 annually, term October 1, 2007 through
September 30, 2008
d. Brazos County Emergency Communications District
$821,623.00 annually, term October 1, 2007 through
September 30, 2008
e. George Bush Presidential Library Foundation
$25,000.00 annually, due on November 9, 2007
f. Untied Way of the Brazos Valley
g. Brazos Valley Community Action Agency, Inc.
Term October 1, 2007 through September 30, 2008
Demetrios Basdekas stated that all the organizations on the
list merited community support, but asked that the Judge read
these out. He also asked about funding the George Bush
Library for the first time. Was this something the foundation
requested of Brazos County or something the County saw fit to
do? The County Judge replied that is was requested of the
County. Mr. Basdekas then asked if this was a one time thing.
The County Judge replied that as far as he knows it's a one
time thing but he's not sure. Mr. Basdekas then asked about
free admission for every Brazos County resident. He asked why
Vol 10 a- Page
Commissioners Court meeting October 9, 2007 6
the Arts Council wasn't on the list. The County Judge said
that it would be on a future agenda. Mr. Basdekas warned the
Court to be careful. On motion by Commissioner Wassermann,
seconded by Commissioner Peters, the Court voted unanimously
to approve the contracts and authorized the County Judge to
execute the documents. A copy of each is attached.
The next matter before the Court was consideration of a
request from the Information Technology Department for the
renewal of the Cognos, Optio, 4Js Compiler, and 41s User
licenses through SunGard Pentamation for FY 2007 -2008. Cost of
renewal is $7,823.11. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the request.
The Court heard another request from the Information
Technology Department. This was to renew the software support
agreement with SunGard Pentamation for FY 2007 -2008 for Optio
A/P Check Maintenance, Optio Paycheck Check Maintenance, FAM
Load Jury Checks into Manual A/P Check Batch, HRM Sick Pool,
Optio Purchase Order, PUR Print Requisition with Approver, and
the FAM Print User ID on PO custom software enhancements. The
cost of renewal is $6,745.69. On motion by Commissioner
Peters, seconded by Commissioner Mallard, the Court voted
unanimously to approve the request to renew.
Vol l O a Page 10
Commissioners Court meeting October 9, 2007 7
The next matter before the Court was consideration of a
request from the Information Technology Department to renew
the Software Support Agreement with SunGard Pentamation for FY
2007 -2008 for the Fixed Assets Manager, Human Resource
Manager, Position Control Manager, Warehouse Inventory,
Personnel Budgeting and Fund Accountant Modules. The cost to
renew is $19,086.77. On motion by Commissioner Mallard,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request to renew.
The Court considered another request from the Information
Technology Department to renew the Software Support Agreement
with SunGard Pentamation for FY 2007 -2008 for the Cash
Receipts Manager Module. The cost to renew is $1,194.27. On
motion by Commissioner Peters, seconded by the County Judge,
the Court voted unanimously to approve the request to renew.
The next matter before the Court was consideration of a
request from the Information Technology Department to renew
the Software Support Agreement with SunGard Pentamation for FY
2007 -2008 for the "Add Account Number to Receipt" custom
software enhancement. The cost to renew is $158.87. On motion
by Commissioner Peters, seconded by Commissioner Wassermann,
the Court voted unanimously to approve the renewal.
Vol 1 0o- I l
Page
Commissioners Court meeting October 9, 2007 8
The Court next considered another request from the
Information Technology Department to renew the license
agreement through DynaSource for FY 2007 -2008 for the Laser
Fiche software. Cost of renewal is $13,420.00. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the renewal.
The next matter before the Court was consideration of
requisition no. 00015882 for $11,076.00 to Reed Elsevier for
access to the Lexis Nexis accounts for the Online Legal
Library for FY 2007 -2008. Demetrios Basdekas asked why the
County is paying for this when he can go to the library and
get this for free. Eric Caldwell, Director of the Information
Technology Department explained he has access to library along
with the Courthouse because of this agreement. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the requisition.
The Court next considered a request from the Information
Technology Department to renew the maintenance agreements
through SunGard Pentamation for FY 2007 -2008 for the Informix
Standard Engine Runtime, Client SDK Development, SQL
Development, and Standard Engine Development licenses. Cost
of renewal is $3,306.67. On motion by Commissioner Peters,
Vol t 00', Page I a
Commissioners Court meeting October 9, 2007 9
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the renewal.
The next matter before the Court was consideration of a
request from the Sheriff's Office for renewal of a
subscription to Entersect which is an online investigative
database tool. Cost of the renewal is $900 for fiscal year
2007 -2008. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to approve
the renewal.
The Court next considered a request from the 272 °d
District Court Judge, for permission to grant a specific
employee leave without pay, beginning with the date of the
last paycheck to November 12, 2007. Included in the request
is a request to cover the position with a visiting Court
Reporter. Demetrios Basdekas asked for the name and
department of this employee. The County Judge refused to
release the information citing privacy issues. On motion by
the County Judge, seconded by Commissioner Peters, the Court
voted unanimously to approve the request to grant leave
without pay.
The next matter before the Court was consideration of
requisition #00015702 to CDW in the amount of $3,129.90 for
purchases from the Justice of the Peace, Technology Fund for a
Vol IOL9\ Page 13
Commissioners Court meeting October 9, 2007 10
computer for the Precinct 3 Justice of the Peace. On motion
by Commissioner Mallard, seconded by Commissioner Peters, the
Court voted unanimously to approve requisition #00015702.
The Court next considered the appointment of an
individual to the Homeland Security Advisory Committee, to
replace Lt. Freddie Komar who recently retired. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to appoint Lt. Wayland Rawls with the
Bryan Police Department to serve on the Homeland Security
Advisory Committee.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Guadalupe & Delorie Arredondo, over payment $174.92
b. FBO Eddie L. Wright 4088659, over payment $527.12,
$527.12, $527.12
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The Court next considered Bid 2008 -001, Hot Mix Asphaltic
Concrete Pavements. Becky Stephens, Assistant Purchasing
Agent recommended awarding the bid as follows:
Primary Vendor: Big Creek Construction
Secondary Vendor: Knife River
Vol l 0 a Page 14
Commissioners Court meeting October 9, 2007 11
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
bid as noted. A copy of the bid tabulation is attached.
The next matter before the Court was consideration of Bid
No. 2008 -002, Culverts. Becky Stephens, Assistant Purchasing
Agent made the following recommendations:
Primary Vendor: Contech Construction
Secondary Vendor: Wilson Culverts
On motion by Commissioner Mallard, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
bid as noted. A copy of the bid tabulation is attached.
The Court next considered Bid No. 2008 -003, Lane
Striping /Pavement Markers. Becky Stephens, Assistant
Purchasing Agent made the following recommendation:
Primary Vendor: Texas Lone Star Pavement
Secondary Vendor: N -Line Traffic Maintenance
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
bid as noted. A copy of the bid tabulation is attached.
The next matter before the Court was consideration of Bid
2008 -004, Aggregate. Becky Stephens, Assistant Purchasing
Vol 10 a Page 1 e�
Commissioners Court meeting October 9, 2007 12
Agent recommended awarding the bid to Colorado Materials. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
bid to Colorado Materials. A copy of the bid tabulation is
attached.
The next matter before the Court was consideration of
requisition #00016170 in the amount of $7,248.60 to Skyline
Communications for the replacement of a radio repeater plus
parts and labor. On motion by Commissioner Peters, seconded
by Commissioner Mallard, the Court voted unanimously to
approve the requisition.
The Court next considered an aid in construction cost of
$8,271.63, a right -of -way easement and damage waiver with
Bryan Texas Utilities for the installation of underground
electrical service to the two portable buildings being moved
behind the Juvenile Detention Center. The aid to construction
cost will have to be paid, right -of -way easement signed and
the Damage Waiver returned before construction may be
scheduled. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to approve
the aid in construction cost, authorized the County Judge to
Vol 10 A Page I (a
Commissioners Court meeting October 9, 2007 13
execute the right -of -way easement and return the damage
waiver. A copy is attached.
The Court next considered approval of the Amending Plat
of Meadowcreek Subdivision Phase 2 and Phase 3 with Right -of
Way Dedication of 0.029 Acres in Precinct 1. Richard Vance,
County Engineer, stated that he had reviewed the plat and
offered the following comment:
1) Phase 2 (9.960 Acres)- block5, Lots 1 through 5, block
6, Lots 1 through 19, block 7, lots 1 through 19.
2) Phase 3 (10.574 Acres) -with right -of -way dedication of
0.029 acres
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the Amending
Plat of Meadowcreek Subdivision Phase 2 and Phase 3 with
Right -of Way Dedication of 0.029 Acres with the comments noted
by the County Engineer.
The next matter before the Court was consideration of a
payment of $561.06 to Western Data Systems for repair of
(Trimble Pro XRS)GPS Unit for the Road & Bridge Department GIS
Unit. On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve the payment.
The Court next considered a payment authorization to Ben
E Keith Foods in the amount of $1,197.42 for the Juvenile
Detention Center Food Program. An error in the order resulted
in the invoice amounts exceeding the purchase order. On
Vol 16 a Page 17
Commissioners Court meeting October 9, 2007 14
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the payment
authorization.
The next matter before the Court was consideration of a
payment authorization to US Foodservice in the amount of
$1,222.42. An error in the order resulted in the invoice
amounts exceeding the purchase order. On motion by
Commissioner Peters, seconded by the County Judge, the Court
voted unanimously to approve the payment authorization.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and /or concerns, the following
spoke:
Jim Mann, Chief Deputy
a. He reported that there were 486 inmates in
jail last night, 474 this morning and 91 are
on the electronic monitor.
Under Agency /Board /Committee reports by Court members,
the following spoke:
Commissioner Mallard
a) He attended meetings on the radio
interoperablility. They made the decision
to join with the Harris area group. They
are moving forward with the grant
proposal. They can save $2.4 million
dollars by joining the Harris County
group.
Vol L 0-?\ Page [ 9
Commissioners Court meeting October 9, 2007 15
Demetrios Basdekas
a) Gave his views on interoperability and
shared his disgust that the Department of
Public Safety is not on the system.
There being no further business to come before the Court,
the meeting was adjourned.
Vol ( 0 Page II
The foregoing minutes of the Commissioners Court meeting held
October 9, 2007 have been examined and are approved in open
Court this the I ti— day of M(x -c%� , 2008, in Bryan,
Brazos County „ Texas.
Randy S' Ks
Count Judge
Lloyd W ssermann
Commissioner, Precinct 1
Duane Peters Kenny Malla
Commissioner, Precinct 2 Commissioner, Precinc 3
a -s, T nt
Carey Cauley, Jr.
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Vol i 0 Page 010
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR
NO. 06/07-48.1 thru 06/07 -48.3
On this the 91" day of October 2007 at a special called session 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 9 October 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 91" day of October 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
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 48.1
1(1/9/2f107
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
24201200
59100000
CR
DDEA
785.77
0100
24201200
60170000
DR
Copier/Printer Supplies
46.00
0100
24201200
61730000
DR
Telephone - Long Distance
10.00
0100
24201200
60600000
DR
Office Supplies
49.03
0100
24201200
61740000
DR
Tele hone
400.00
0100
24201200
61801000
DR
Travel
148.74
0100
24201200
61620000
DR
Subscriptions & Publications
132.00
Justice of the Peace, Pct. 2 -2:
To reallocate funds from the Department's DDEA
to various line items to cover the payments for
the outstanding invoices.
I o0� a�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 48.2
10/9/2007
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 31000100 61470000 CR I Prescriptions 400.00
0100 31000100 72660000 DR IPsychiatric Services 400.00
Juvenile Services:
To reallocate funds to cover the psy chiatric services expenses.
Prepared By td,
Day. 161412001:
/off a5
s
Department,Ap rbvl
ate
/off a5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 48.3
10/9/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
5000
45010000
CR
Interest - Accounts
40,000.00
5000
46028300
CR
Medical - Employee Deduction
35,000.00
5000
46028400
CR
HLI- Retirees - County Pay
35,000.00
50001
46028700
CR
Excess Risk Benefit
41,000.00
5000
64005000
71112000
DR
HLI - Medical Claims
151,000.00
Health and Life Fund -
To recognize realized revenues in excess of budget. The entire fund - both revenues and
expenses - have increased over the 06 -07 year.
Prepared By; fd
Date: 10/4/2007
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007 -2008 BUDGET YEAR
NO. 07/08-2.1 thru 07/08 -2.4
On this the 91h day of October 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 9 October 2007 the Court heard and approved a budget amendment for the
2007 -2008 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 11 September 2007, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 9`h day of October 2007.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy Si , County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 2.1
10/9/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3000
48047400
CR
Justice Asst. Byrne
30,219.66
3000
288000
80890000
DR
Vehicles
30,219.66
2007 Byrne Justice Assistance Grant (JAG
) Program Award
To set up the budget for a new grant for Techn logyand Equipment Enhancement Pro ram.
Effective until September 30, 2010.
Prepared By: ifj
Date: 10/2/2007
Department Approval Date
•
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 2.2
10/9/2007
Nn
rg$� vn
t as a9
ACCOUNT
-
-
-�=Funds
--
will be used to purchase a television
for the EOC.
Nn
rg$� vn
t as a9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 2.3
10/9/2007
FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
0100
2.8002000
71500000
DR
Rental - Equipment
3_,320.00
0100
11001500
61130000
_ _
CR
Contingency
3,320.00
Sheriff Office:
Jai!_
- - --
-- - -- -_ - --
—
__
To proide funding for a lease copier for the Jail Division that was left off the request for FY 2008
original budget request.
The this third copier will
for the eliminatin of copier overages in the Jail Division.
_allow
------
- - --
- --
I-------
-- - - - - --
- --
--
- —
- - --
--
--
Prepared By: ifj
Date: 10/4/2007
Department Appy6flr41 Date
COUnty .brad Approval Date
5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 2.4
10/9/2007
FD
DIV
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
0100
56001000
65670000
CR
R &B - Maintenance - General
8,000.00
0100
56001000
80287000
DR
Equipment - Radios
8,000.00
Road & Bridge
To provide a replacement radio repeater which replacement parts are no longer avaliable for the existin radio
repeater.
Prepared By: ifj
Date: 10/4/2007
7
Dep rtment Approval bate
6!.r.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 9, 2007
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
272 "d District Court O'neill, Andrea New Hire
Exposition Complex Cooks, William
New Hire
Juvenile Services Farmer, Sarah
Terminated
Reyes, Christina
State Stipend
Rowe, Victoria
State Stipend
Tax Guerrero, Jesse
Promotion
McCracken, Lisa
Completed Probation
Moss, Rene
Completed Probation
Thomas, Casey
Completed Probation
Underwood, Melissa
Transfer within Dept.
Approved in Commissioners' Court: October'
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Ian 3a
-,, � (a - )"
LEASE
PRECINCT I CONSTABLE'S OFFICE
This lease is made and executed in duplicate between SOUTHWOOD WEST, a
Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as
"Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of
Texas, 300 East 26`h Street, Bryan, Texas 77803, as "Lessee ".
I.
Description of Premises
Lessor leases to Lessee a portion of that certain single story building, said portion
to be rented shall be referred to in this lease as the demised premises, situated in the City
of College Station, County of Brazos, State of Texas, and is more particularly described
on Exhibit "A" appurtenances in connection with the premises. 'The demised premises
shall have assigned Space # 140. The demised Premises shall be at least 1625 sq. ft. in
size. The building is to be handicap accessible in accordance with ADA standards.
II.
Term
The initial term of this lease shall be for a period of twelve (12) months
commencing on October 1, 2007 and terminating on September 30, 2008 (the "Initial
Term "). This lease may be renewed five (5) times after the expiration of the Initial Term
for a one (1) year term, each renewal term to be effective October 1 of the year of
renewal. Each renewal term shall be numbered with renewal option 1 commencing on
October 1, 2007 and being numbered consecutively thereafter with renewal option 9
commencing on October 1, 2012 and termination on September 30, 2013. Lessee shall
notify Lessor in writing of its intent to renew the lease 90 days prior to the then current
lease term expiring. All renewal terms shall be on the same terms and conditions set
forth herein.
III.
Rental
Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial
Term of this lease and all renewal terms, at such place as Lessor may from time to time
designate an amount equal to $1.015 per sq. ft. of occupied space or $1,650.00. Said rent
is payable in monthly installments on the first day of each month for the term of the lease.
IV.
Occupancy and Acceptance of Premises
By entering into and occupying the demised premises, the Lessee shall be deemed
to acknowledge that the demised premises are in good condition and repair and that the
building has been constructed substantially in accordance with the approved plans and
specifications therefore. The entering upon the demised premises by Lessee for the
purpose of the installation of trade fixtures, furnishing, and equipment shall not be
construed as an acceptance of the demised premises.
V.
Use of Premises
Lessee shall use the demised premises for a Constable's Office and no part of the
demised premises shall be used for any other purpose without Lessor's prior written
consent.
VI.
Signs: Exterior Lighting and Fixtures
Lessee shall have the exclusive right to erect and maintain upon the exterior and
interior of the demised premises, at its own expense, all signs, subject to the City of
College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's
business.
VII.
Alterations, Change, and Additions
No structural changes, alterations, or additions shall be made by the Lessee to the
demised premises without Lessor's prior written consent, and any such structural change,
alteration, or addition to or upon the demised premises made with Lessor's prior written
consent shall remain for the benefit of and become the property of the Lessor, unless
otherwise provided in the written consent.
VIII.
Defects; Defective Condition; Wind; Acts of Third Persons
Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's
property occasioned by any defect of plumbing, heating, air - cooling, air - conditioning
equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or
from the backing up of any sewer pipe, or from the bursting, leaking, or running of any
tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon,
or about the demised premises, or for any such damage or injury occasioned by water
being upon or coming through the roof, walks, or any other place upon or near the
demised premises unless Lessee neglects or fails to provide written or oral notice (in case
of emergency) to Lessor.
104 3 1 (�&
IX.
Casualty Damage; Repair; Abatement of Rent
a Use of partially damaged premises: In the event of a partial damaging or
destruction of the demised premises, Lessee shall continue to utilize the premises for the
operation of its business to the extent that it may be practicable to do so from the
standpoint of good business.
b Right to terminate on destruction of one -third of premises: Either party to the
lease shall have the right to terminate this lease, if the building is damaged to an extent
exceeding one -third of the then reconstruction of such building as a whole; provided that,
in such an event, such termination of this lease shall be effected by written notice to that
effect to the other party delivered within five (5) days of the happening of such casualty
causing the damage.
c. Repairs by Lessor: If the demised premises shall, either prior to the beginning
of the lease term or during the lease term, be damaged or destroyed by fire or by any
other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided
below, shall immediately upon receipt of insurance proceeds paid in connection with
such casualty damage, but in no event later than 10 days after such damage has occurred,
proceed to repair or rebuild the same, including any additions or improvements made by
Lessor or by Lessee with Lessor's consent, on the same plan and design as existed
immediately before such damage or destruction occurred, subject to such delays as may
be reasonably attributable to governmental restrictions or failure to obtain materials or
labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials
used in repair shall be as nearly like original materials as may then be reasonably
procured in regular channels of supply.
d Reduction of rent during_ repairs: In the event Lessee continues to conduct
Lessee's business during repairs, the fixed minimum monthly rental will be equitably
reduced in the proportion that the unusable part of the premises bears to the whole
premises. No rental shall be payable while the building is wholly unoccupied pending
repair of casualty damage.
X.
Repairs Generally
a. By Lessor: The Lessor shall, at its own cost and expense, repair any damage to
the demised premises occasioned by termites, dry rot, mold or fungus, and deep and
maintain the roof and exterior walls, air - conditioning equipment, of the demised premises
in good repair at all times, and will further keep and maintain all underground plumbing
in good order and repair, but not including the repair of plumbing stopped up by reason
of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation
to make any of the repairs required in the Section unless and until there has been served
upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of
3
the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not
be so construed as to require the Lessor to make repairs to the interior surfaces of the
walls.
b. By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of
the demised premises, including but not limited to exterior entry and exit doors,
ornamental facing, plate glass, in or on the demised premises, in good order, condition,
and repair, and in compliance with all applicable laws and regulations, during the entire
term of this lease, except for those repairs required of the Lessor to be made and damage
occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of
this lease.
c. Emergency repairs: Notwithstanding the provisions of Section IX, in the event
repairs which the Lessor is required to make under the lease become immediately
necessary in order to avoid possible injury or damage to persons or property, the Lessee
shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of
the Lessor without giving the required notice.
XI.
Utilities and Services
Lessee agrees to pay before delinquency all charges for water, gas, heat,
electricity, power, janitorial services, and other similar charges incurred by Lessee with
respect to and during its occupancy of the demised premises.
XII.
Insurance
a. Insurance companies: It is agreed that any and all policies of insurance to be
kept and maintained in force by the respective parties to the lease shall be obtained from
good and solvent insurance companies rated A VII or better by the then current Best's
Key Rates Guide, and licensed to do business in the State of Texas.
b. Lessee to obtain liability insurance: Lessee agrees that it will, at its own
expense, at all times during the term of this lease, maintain in force a policy or policies of
insurance, written by one or more responsible insurance carriers, which will insure Lessor
against liability for injury to or death of persons or loss or damage to their property
occurring in or about the demised premises. The liability under such insurance shall be
not less than $1,000,000.00 for bodily injury and property damage, $2,000,000.00
aggregate. Lessee shall have the option to self insure.
c Lessor to obtain fire insurance on premises: Lessor agrees to maintain in
force, at all times during the term of this lease, a policy or policies of fire and casualty
insurance to the extent of at least 100% of the insurable value of the demised premises. If
permitted without additional charge, Lessor shall cause to be endorsed on its fire
insurance, and any extended coverage policy or policies, the waiver of right of
4
subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance
policy over the premiums payable for the year 2003 pro -rated based upon the percentage
of the building occupied by Lessee. Such incremental increase shall be payable upon 30
days written notice.
d. Lessee's waiver of casualty insurance proceeds: In the event the demised
premises shall be damaged or destroyed by fire or other casualty so insured against,
Lessee agrees that it will claim no interest in any insurance settlement arising out of any
such loss where premiums are paid by Lessor, or where Lessor is named as the sole
beneficiary, and that it will sign any and all documents required by Lessor or the
insurance company or companies that may be necessary for use in connection with the
settlement of any such loss.
XIII.
Transfer or Pledge of Leasehold Interest
Lessee shall not assign this lease or any interest in the lease, or sublet the demised
premises or any part, without first obtaining Lessor's written consent.
XIV.
Surrender of Premises
Lessee shall, at the termination of this lease, vacate the demised premises in as
good condition as they are in at the time of entry on the premises by Lessee, except for
reasonable use and wear, acts of God, or damage by casualty beyond the control of
Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish
and debris.
XV.
Subordination Agreement
Lessee covenants and agrees to execute any instrument or instruments permitting
a first mortgage or trust deed to be placed on the demised premises or any part as security
for any indebtedness, and subordinating this lease to the first mortgage or trust deed, if
required to do so by the lending agency. Lessee is given the right to make payment of
any defaults under any and all trust deeds or liens of record on the demised premises, and
to receive reimbursement for such payment by deducting and crediting from and against
rentals becoming due under this lease.
XVI.
Lessor's Right of Inspection and Repairs
Lessor shall have access to the demised premises and each and every part during
Lessee's regular business hours for the purpose of inspecting the same and making
repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of
its intent to make repairs to the demised premises except in the event of an emergency.
5
l6q 37 �
XVII.
Default by Lessee
a Lessor's right to repossess, operate, or relet: If the rental reserved by this lease
or other charges to be paid under the lease by Lessee, or any part, are not paid when due
and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to
promptly perform any other covenant, condition, or agreement by it to be performed
under the lease and Lessee has not commenced a cure for such failure, or if Lessee
abandons the demised premises, or if Lessee breaches any obligation under this lease to
be performed by it which cannot be cure, then, and in any such event, Lessee shall be
deemed to be in default and Lessor, upon 30 days written notice may at its option take
possession of the demised premises.
By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or
in part, for the account of the Lessee at such rental an on such agreement and conditions,
and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not
exceeding the unexpired period of the ten current lease term. Lessor acknowledges
Lessor's obligation under law to mitigate damages to the Lessee by using reasonable
efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing
from such operation or reletting of the demised premises. Lessor shall apply these
proceeds first, to the payment of all costs and expenses incurred by the Lessor in
obtaining the possession of, and the operation or reletting of the premises, including
reasonable attorneys' fees, commissions, and collection fees, and any alterations or
repairs reasonably necessary to enable the Lessor to operate or relet the premises; and,
second, to the payment of all such amounts as may be due or become payable under the
provisions of this lease. The remaining balance, in any, given by the Lessor to the
Lessee, shall be paid over to the Lessee at the expiration of the then current lease term of
this lease or on the sooner termination by written notice of termination.
b Repossession or reletting not a termination; Lessor's right to terminate not
forfeited: No repossession, operation, or reletting of the premises shall be construed as
an election by the Lessor to terminate this lease until a written notice of such intention is
given by the Lessor to the Lessee. Notwithstanding any such operation or reletting
without termination of this lease, the Lessor may at any time thereafter elect to terminate
this lease in the event that the Lessee remains in default under the lease.
c Lessee's obligation to pay deficiencies: In the event the proceeds or rentals
received by the Lessor under the provisions of Section XIX are insufficient to pay all
costs and expenses and all amounts due and becoming due under the lease, the Lessee
shall pay to the Lessor on demand by the Lessor and the production of partnership
records to substantiate the claim, such deficiency as may have occurred or existed.
d Lessor's right to terminate lease: In the event of Lessee's default as stated in
Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease
6
and any and all interest of Lessee and may then take possession of the demised premises
by legal proceedings.
e. Lessor's remedies cumulative: Each and all of the remedies given to the
Lessor in the lease or by law are cumulative and the exercise of one right and remedy by
the Lessor shall not impair its right to exercise any other right or remedy.
XVIII.
Default by Lessor
The following shall be deemed events of default by the Lessor under this lease:
a. Lessor shall fail to construct the demised premises (for a reason not the
fault, in whole or in part, of Lessee).
b. Lessor shall fail to perform its obligation and responsibilities to be
performed under the Lease.
XIX.
Remedies of Lessee
Upon an event of default as defined in Article XX above, Lessee shall have the
right to terminate the Lease and shall be entitled to recover direct and consequential
damages from the Lessor. Should the default be a default as described in Article XVIIIa.,
consequential damages shall be limited to expense incurred by Lessee if it cannot
continue at its present location on a month to month lease. If required by its present
landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised
premises when completed and shall pay Lessee's monthly rent at its current location.
XX.
Expenses of Enforcement
Should either party incur any expense in enforcing any covenants of this lease, the
party in default shall pay to the other all expense so incurred, including reasonable
attorney's fees.
XXI.
Eminent Domain
In the event any portion of the demised premises shall be taken for a public or
quasi - public use, this lease shall terminate as of the date of the actual physical taking, at
Lessee's option, and the parties shall then be released from any and all further liability
under the lease.
7
(� 39
In the event Lessee chooses to continue the lease, the Lessor shall, with
reasonable diligence, proceed at its own expense to reconstruct or repair the demised
premises and place the same in a tenantable condition within 30 days after the date of the
actual physical taking.
Abatement of rent: During any reconstruction or repairing as provided above,
Lessee shall be required to pay only that proportion of the fixed minimum monthly rental
reserved in the lease as the area of the demised premises remaining in a tenantable
condition during such reconstruction or repairing bears to the entire area leased by this
agreement. Upon completion of such reconstruction or repairing, the fixed minimum
monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be
required to pay such adjusted fixed minimum monthly rental in accordance with the
provisions of this lease.
There shall be no abatement of any rental due until such time as there shall be an
actual physical possession of the portion of the demised premises taken.
Right to condemnation award: Any award made in any condemnation proceeding
for the taking of any part or the whole of the demised premises shall be the sole property
of and be paid to Lessor.
XXII.
Peaceful Enjoyment
Lessor covenants and warrants that, subject to any trust deeds or mortgages now
of record or in the future placed of record, it is the owner of the demised premises, and
that Lessee, upon payment of rents provided for in the lease and performance of the
conditions, covenants, promises, and agreements to be performed by it, shall and may
peaceably possess and enjoy the demised premises during the lease term without any
interruption or disturbance.
XXIII.
Effect of Waiver of Breach of Covenants
No waiver of any breach or breaches of any provision, covenant, or condition of
this lease shall be construed to be a waiver of any preceding or succeeding breach of such
provision, covenant, or condition or of any other provision, covenant, or condition.
XXIV.
Time of the Essence
Time is of the essence of each and every provision, covenant, and condition
contained in this lease and on the part of the Lessee or Lessor to be done and performed.
XXV.
Headings for Convenience Only
8
1 U� 5-0
The headings used in this lease are for convenience and shall not be resorted to
for purposes of interpretation or construction of this lease.
Texas.
XXVI.
Venue
This contract was entered into and is wholly performable in Brazos County,
XXVII.
Amendments to be in Writing
This lease may be modified or amended only by a writing duly authorized and
executed by both Lessor and Lessee. It may not be amended or modified by oral
agreements or understandings between the parties unless the same shall be reduced to
writing duly authorized and executed by both Lessor and Lessee.
XXVIII.
Parties Bound
Each and every provision of this lease shall bind and shall inure to the benefit of
the parties to the lease and their successors and assigns.
XXIX.
Holding Over
No holding over and continuation of any business by the Lessee after the
expiration of the lease term shall be considered to be a renewal or extension of this lease
unless written approval of such holding over and a definite agreement to such effect is
signed by the Lessor defining the length of such additional term. Any holding over
without Lessor's consent shall be considered to be a day -to -day tenancy at a rental of
twice the daily rate of the fixed minimum monthly rental provided in the lease, computed
on the basis of a thirty (30) day month.
XXX.
Notices
All notices of demands of any kind which Lessor may be required or may desire
to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a
copy by registered or certified mail, postage prepaid, addressed to Lessee at the address
stated herein or addresses as may from time to time be designated by Lessee in writing to
Lessor. Service shall be deemed complete within three (3) days after mailing of same.
Any and all notices or demands from Lessee to Lessor may be similarly served upon
9
boa q � (/t�-
Lessor at the address stated herein, or at such other address as Lessor may in writing
designate to Lessee.
Lessee: Southwood West, A General Partnership
4101 Texas Avenue, Suite B
Bryan, Texas 77802
(979) 846 -4500 Office
(979) 846 -9378 Fax
mcdowellAtxcyber.com
Dated this the -�- day of L! k,- , 2007.
ATTEST:
By:
Karen McQueen
County Clerk
LESSEE
Vandy Sims
County Judge
LESSOR
SOUTHWOOD WEST,
a Texas General Partnership
io
162� `f-a r&
EXHIBIT "A"
All of Lots Five (5) and Six (6), Block Two (2) Edelweiss Business Center, an addition to
the City of College Station, Brazos County, Texas, according to the Plat thereof recorded
in Volume 5002, Page 151, Official Records of Brazos County, Texas. Suite 140.
11
LEASE
PRECINCT 1, JUSTICE OF THE PEACE OFFICE
This lease is made and executed in duplicate between SOUTHWOOD WEST, a
Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as
"Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of
Texas, 300 East 26th Street, Bryan, Texas 77803, as "Lessee ".
I.
Description of Premises
Lessor leases to Lessee a portion of that certain single story building, said portion
to be rented shall be referred to in this lease as the demised premises, situated in the City
of College Station, County of Brazos, State of Texas, and is more particularly described
on Exhibit "A" appurtenances in connection with the premises. The demised premises
shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury
trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary
spaces for the length of the trial. Such spaces shall be designated with temporary signs
on poles placed at the assigned temporary space. The location of the permanent and
temporary spaces is set forth on Exhibit "B" attached hereto and made a part hereof for
all purposes. The demised Premises shall be at least 2330 sq. ft. in size. The building is
to be handicap accessible in accordance with ADA standards.
II.
Term
The initial term of this lease shall be for a period of twelve (12) months
commencing on October 1, 2007 and terminating on September 30, 2008 (the "Initial
Term "). This lease may be renewed five (5) times after the expiration of the Initial Term
for a one (1) year term, each renewal term to be effective October 1 of the year of
renewal. Each renewal term shall be numbered with renewal option 1 commencing on
October 1, 2007 and being numbered consecutively thereafter with renewal option 9
commencing on October 1, 2012 and termination on September 30, 2013. Lessee shall
notify Lessor in writing of its intent to renew the lease 90 days prior to the then current
lease term expiring. All renewal terms shall be on the same terms and conditions set
forth herein.
III.
Rental
Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial
Term of this lease and all renewal terms, at such place as Lessor may from time to time
1
designate, an amount equal to $.95 per sq. ft. of occupied space. Said rent is payable in
monthly installments on the first day of each month for the term of the lease.
IV.
Occupancy and Acceptance of Premises
By entering into and occupying the demised premises, the Lessee shall be deemed
to acknowledge that the demised premises are in good condition and repair and that the
building has been constructed substantially in accordance with the approved plans and
specifications therefore. The entering upon the demised premises by Lessee for the
purpose of the installation of trade fixtures, furnishing, and equipment shall not be
construed as an acceptance of the demised premises.
V.
Use of Premises
Lessee shall use the demised premises for a Justice of the Peace and no part of the
demised premises shall be used for any other purpose without Lessor's prior written
consent.
VI.
Signs: Exterior Lighting and Fixtures
Lessee shall have the exclusive right to erect and maintain upon the exterior and
interior of the demised premises, at its own expense, all signs, subject to the City of
College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's
business.
VII.
Alterations, Change, and Additions
No structural changes, alterations, or additions shall be made by the Lessee to the
demised premises without Lessor's prior written consent, and any such structural change,
alteration, or addition to or upon the demised premises made with Lessor's prior written
consent shall remain for the benefit of and become the property of the Lessor, unless
otherwise provided in the written consent.
VIII.
Defects; Defective Condition; Wind; Acts of Third Persons
Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's
property occasioned by any defect of plumbing, heating, air - cooling, air - conditioning
equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or
from the backing up of any sewer pipe, or from the bursting, leaking, or running of any
tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon,
q `� J s /@
or about the demised premises, or for any such damage or injury occasioned by water
being upon or coming through the roof, walks, or any other place upon or near the
demised premises unless Lessee neglects or fails to provide written or oral notice (in case
of emergency) to Lessor.
IX.
Casualty Damage; Repair; Abatement of Rent
a. Use of partially damaged premises: In the event of a partial damaging or
destruction of the demised premises, Lessee shall continue to utilize the premises for the
operation of its business to the extent that it may be practicable to do so from the
standpoint of good business.
b. Right to terminate on destruction of one -third of premises: Either party to the
lease shall have the right to terminate this lease, if the building is damaged to an extent
exceeding one -third of the then reconstruction of such building as a whole; provided that,
in such an event, such termination of this lease shall be effected by written notice to that
effect to the other party delivered within five (5) days of the happening of such casualty
causing the damage.
c. Repairs by Lessor: If the demised premises shall, either prior to the beginning
of the lease term or during the lease term, be damaged or destroyed by fire or by any
other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided
below, shall immediately upon receipt of insurance proceeds paid in connection with
such casualty damage, but in no event later than 10 days after such damage has occurred,
proceed to repair or rebuild the same, including any additions or improvements made by
Lessor or by Lessee with Lessor's consent, on the same plan and design as existed
immediately before such damage or destruction occurred, subject to such delays as may
be reasonably attributable to governmental restrictions or failure to obtain materials or
labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials
used in repair shall be as nearly like original materials as may then be reasonably
procured in regular channels of supply.
d. Reduction of rent during repairs: In the event Lessee continues to conduct
Lessee's business during repairs, the fixed minimum monthly rental will be equitably
reduced in the proportion that the unusable part of the premises bears to the whole
premises. No rental shall be payable while the building is wholly unoccupied pending
repair of casualty damage.
X.
Repairs Generally
a. By Lessor: The Lessor shall, at its own cost and expense, repair any damage to
the demised premises occasioned by termites, dry rot, mold or fungus, and deep and
maintain the roof and exterior walls, air - conditioning equipment, of the demised premises
in good repair at all times, and will further keep and maintain all underground plumbing
3
in good order and repair, but not including the repair of plumbing stopped up by reason
of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation
to make any of the repairs required in the Section unless and until there has been served
upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of
the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not
be so construed as to require the Lessor to make repairs to the interior surfaces of the
walls.
b. By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of
the demised premises, including but not limited to exterior entry and exit doors,
ornamental facing, plate glass, in or on the demised premises, in good order, condition,
and repair, and in compliance with all applicable laws and regulations, during the entire
term of this lease, except for those repairs required of the Lessor to be made and damage
occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of
this lease.
c. Emergency repairs: Notwithstanding the provisions of Section IX, in the event
repairs which the Lessor is required to make under the lease become immediately
necessary in order to avoid possible injury or damage to persons or property, the Lessee
shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of
the Lessor without giving the required notice.
XI.
Utilities and Services
Lessee agrees to pay before delinquency all charges for water, gas, heat,
electricity, power, janitorial services, and other similar charges incurred by Lessee with
respect to and during its occupancy of the demised premises.
XII.
Insurance
a. Insurance companies: It is agreed that any and all policies of insurance to be
kept and maintained in force by the respective parties to the lease shall be obtained from
good and solvent insurance companies rated A VII or better by the then current Best's
Key Rates Guide, and licensed to do business in the State of Texas.
b. Lessee to obtain liability insurance: Lessee agrees that it will, at its own
expense, at all times during the term of this lease, maintain in force a policy or policies of
insurance, written by one or more responsible insurance carriers, which will insure Lessor
against liability for injury to or death of persons or loss or damage to their property
occurring in or about the demised premises. The liability under such insurance shall be
not less than $1,000,000.00 for bodily injury and property damage, $2,000,000.00
aggregate. Lessee shall have the option to self insure.
4
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c Lessor to obtain fire insurance on premises: Lessor agrees to maintain in
force, at all times during the term of this lease, a policy or policies of fire and casualty
insurance to the extent of at least 100% of the insurable value of the demised premises. If
permitted without additional charge, Lessor shall cause to be endorsed on its fire
insurance, and any extended coverage policy or policies, the waiver of right of
subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance
policy over the premiums payable for the year 2003 pro -rated based upon the percentage
of the building occupied by Lessee. Such incremental increase shall be payable upon 30
days written notice.
d Lessee's waiver of casualty insurance proceeds: In the event the demised
premises shall be damaged or destroyed by fire or other casualty so insured against,
Lessee agrees that it will claim no interest in any insurance settlement arising out of any
such loss where premiums are paid by Lessor, or where Lessor is named as the sole
beneficiary, and that it will sign any and all documents required by Lessor or the
insurance company or companies that may be necessary for use in connection with the
settlement of any such loss.
XIII.
Transfer or Pledge of Leasehold Interest
Lessee shall not assign this lease or any interest in the lease, or sublet the demised
premises or any part, without first obtaining Lessor's written consent.
XIV.
Surrender of Premises
Lessee shall, at the termination of this lease, vacate the demised premises in as
good condition as they are in at the time of entry on the premises by Lessee, except for
reasonable use and wear, acts of God, or damage by casualty beyond the control of
Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish
and debris.
XV.
Subordination Agreement
Lessee covenants and agrees to execute any instrument or instruments permitting
a first mortgage or trust deed to be placed on the demised premises or any part as security
for any indebtedness, and subordinating this lease to the first mortgage or trust deed, if
required to do so by the lending agency. Lessee is given the right to make payment of
any defaults under any and all trust deeds or liens of record on the demised premises, and
to receive reimbursement for such payment by deducting and crediting from and against
rentals becoming due under this lease.
XVI.
Lessor's Right of Inspection and Repairs
iod 40
Lessor shall have access to the demised premises and each and every part during
Lessee's regular business hours for the purpose of inspecting the same and making
repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of
its intent to make repairs to the demised premises except in the event of an emergency.
XII.
Default by Lessee
a. Lessor's right to repossess, operate, or relet: If the rental reserved by this lease
or other charges to be paid under the lease by Lessee, or any part, are not paid when due
and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to
promptly perform any other covenant, condition, or agreement by it to be performed
under the lease and Lessee has not commenced a cure for such failure, or if Lessee
abandons the demised premises, or if Lessee breaches any obligation under this lease to
be performed by it which cannot be cure, then, and in any such event, Lessee shall be
deemed to be in default and Lessor, upon 30 days written notice may at its option take
possession of the demised premises.
By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or
in part, for the account of the Lessee at such rental an on such agreement and conditions,
and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not
exceeding the unexpired period of the ten current lease term. Lessor acknowledges
Lessor's obligation under law to mitigate damages to the Lessee by using reasonable
efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing
from such operation or reletting of the demised premises. Lessor shall apply these
proceeds first, to the payment of all costs and expenses incurred by the Lessor in
obtaining the possession of, and the operation or reletting of the premises, including
reasonable attorneys' fees, commissions, and collection fees, and any alterations or
repairs reasonably necessary to enable the Lessor to operate or relet the premises; and,
second, to the payment of all such amounts as may be due or become payable under the
provisions of this lease. The remaining balance, in any, given by the Lessor to the
Lessee, shall be paid over to the Lessee at the expiration of the then current lease term of
this lease or on the sooner termination by written notice of termination.
b. Repossession or reletting not a termination; Lessor's right to terminate not
forfeited: No repossession, operation, or reletting of the premises shall be construed as
an election by the Lessor to terminate this lease until a written notice of such intention is
given by the Lessor to the Lessee. Notwithstanding any such operation or reletting
without termination of this lease, the Lessor may at any time thereafter elect to terminate
this lease in the event that the Lessee remains in default under the lease.
c. Lessee's obligation to pay deficiencies: In the event the proceeds or rentals
received by the Lessor under the provisions of Section XIX are insufficient to pay all
costs and expenses and all amounts due and becoming due under the lease, the Lessee
6 10 @
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shall pay to the Lessor on ,demand by the Lessor and the production of partnership
records to substantiate the claim, such deficiency as may have occurred or existed.
d. Lessor's right to terminate lease: In the event of Lessee's default as stated in
Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease
and any and all interest of Lessee and may then take possession of the demised premises
by legal proceedings.
e. Lessor's remedies cumulative: Each and all of the remedies given to the
Lessor in the lease or by law are cumulative and the exercise of one right and remedy by
the Lessor shall not impair its right to exercise any other right or remedy.
XIII.
Default by Lessor
The following shall be deemed events of default by the Lessor under this lease:
a. Lessor shall fail to construct the demised premises (for a reason not the
fault, in whole or in part, of Lessee).
b. Lessor shall fail to perform its obligation and responsibilities to be
performed under the Lease.
XIX.
Remedies of Lessee
Upon an event of default as defined in Article XX above, Lessee shall have the
right to terminate the Lease and shall be entitled to recover direct and consequential
damages from the Lessor. Should the default be a default as described in Article XXa.,
consequential damages shall be limited to expense incurred by Lessee if it cannot
continue at its present location on a month to month lease. If required by its present
landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised
premises when completed and shall pay Lessee's monthly rent at its current location.
XX.
Expenses of Enforcement
Should either party incur any expense in enforcing any covenants of this lease, the
party in default shall pay to the other all expense so incurred, including reasonable
attorney's fees.
XXI.
Eminent Domain
7
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In the event any portion of the demised premises shall be taken for a public or
quasi - public use, this lease shall terminate as of the date of the actual physical taking, at
Lessee's option, and the parties shall then be released from any and all further liability
under the lease.
In the event Lessee chooses to continue the lease, the Lessor shall, with
reasonable diligence, proceed at its own expense to reconstruct or repair the demised
premises and place the same in a tenantable condition within 30 days after the date of the
actual physical taking.
Abatement of rent: During any reconstruction or repairing as provided above,
Lessee shall be required to pay only that proportion of the fixed minimum monthly rental
reserved in the lease as the area of the demised premises remaining in a tenantable
condition during such reconstruction or repairing bears to the entire area leased by this
agreement. Upon completion of such reconstruction or repairing, the fixed minimum
monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be
required to pay such adjusted fixed minimum monthly rental in accordance with the
provisions of this lease.
There shall be no abatement of any rental due until such time as there shall be an
actual physical possession of the portion of the demised premises taken.
Right to condemnation award: Any award made in any condemnation proceeding
for the taking of any part or the whole of the demised premises shall be the sole property
of and be paid to Lessor.
XXII.
Peaceful Enjoyment
Lessor covenants and warrants that, subject to any trust deeds or mortgages now
of record or in the future placed of record, it is the owner of the demised premises, and
that Lessee, upon payment of rents provided for in the lease and performance of the
conditions, covenants, promises, and agreements to be performed by it, shall and may
peaceably possess and enjoy the demised premises during the lease term without any
interruption or disturbance.
XXIII.
Effect of Waiver of Breach of Covenants
No waiver of any breach or breaches of any provision, covenant, or condition of
this lease shall be construed to be a waiver of any preceding or succeeding breach of such
provision, covenant, or condition or of any other provision, covenant, or condition.
XXIV.
Time of the Essence
8
Time is of the essence of each and every provision, covenant, and condition
contained in this lease and on the part of the Lessee or Lessor to be done and performed.
XXV.
Headings for Convenience Only
The headings used in this lease are for convenience and shall not be resorted to
for purposes of interpretation or construction of this lease.
Texas.
XXVI.
Venue
This contract was entered into and is wholly performable in Brazos County,
XXVII.
Amendments to be in Writing
This lease may be modified or amended only by a writing duly authorized and
executed by both Lessor and Lessee. It may not be amended or modified by oral
agreements or understandings between the parties unless the same shall be reduced to
writing duly authorized and executed by both Lessor and Lessee.
XXVIII.
Parties Bound
Each and every provision of this lease shall bind and shall inure to the benefit of
the parties to the lease and their successors and assigns.
XXIX.
Holding Over
No holding over and continuation of any business by the Lessee after the
expiration of the lease term shall be considered to be a renewal or extension of this lease
unless written approval of such holding over and a definite agreement to such effect is
signed by the Lessor defining the length of such additional term. Any holding over
without Lessor's consent shall be considered to be a day -to -day tenancy at a rental of
twice the daily rate of the fixed minimum monthly rental provided in the lease, computed
on the basis of a thirty (30) day month.
XXX.
Notices
All notices of demands of any kind which Lessor may be required or may desire
to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a
9
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copy by registered or certified mail, postage prepaid, addressed to Lessee at the address
stated herein or addresses as may from time to time be designated by Lessee in writing to
Lessor. Service shall be deemed complete within three (3) days after mailing of same.
Any and all notices or demands from Lessee to Lessor may be similarly served upon
Lessor at the address stated herein, or at such other address as Lessor may in writing
designate to Lessee.
Lessee: Southwood West, A General Partnership
4101 Texas Avenue, Suite B
Bryan, Texas 77802
(979) 846 -4500 Office
(979) 846 -9378 Fax
mcdowell a,txcyber.com
Dated this the �� f� day of (_� ,�1 , 2007
ATTEST:
B
Karen McQueen
County Clerk
LESSEE
B OS
ndy Sims
County Judge
LESSOR
SOUTHWOOD WEST,
a Texas General Partnership
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THE STATE OF TEXAS
COUNTY OF VICTORIA
VICTORIA COUNTY JUVENILE JUSTICE CENTER
CONTRACT AND AGREEMENT
This contract is made and entered into by and between the VICTORIA COUNTY JUVENILE
BOARD, acting herein by and through its duly authorized representative and the County Judge of
Victoria County, Texas, Brazos County, Texas, acting herein by and through its duly
authorized representative and the County Judge of said county and Brazos County,
Texas (the "CONTRACTING COUNTY ").
WITNESSETH
WHEREAS, the VICTORIA COUNTY JUVENILE BOARD, acting through the VICTORIA
COUNTY JUVENILE JUSTICE CENTER ( VCJJC), operates Detention and Residential Programs at
the Victoria County Juvenile Justice Center, a pre- adjudication and post adjudication Facility (the
"Facility ") owned by VICTORIA COUNTY, TEXAS;
WHEREAS, the Facility is inspected and certified as suitable for the detention of children and is in
compliance with applicable Texas Juvenile Probation Commission Standards and the Juvenile Justice
and Delinquency Prevention Act;
WHEREAS, the CONTRACTING COUNTY desires use of the Facility and its Programs in order to
carry out and conduct its juvenile program in accordance with Title III of the Juvenile Justice Code.
NOW, THEREFORE, the VICTORIA COUNTY JUVENILE BOARD and the CONTRACTING
COUNTY agree as follows:
I.
VCJJC shall provide program components, room, board, supervision, and care (24) twenty-four hours
per day to those juveniles accepted by the Facility. At a minimum, program components will include
educational programs, counseling programs, and process groups. Additional programs provided for
the long -term residential program include, but are not limited to, anger management, life skills,
individual counseling, group counseling, substance abuse prevention education, and AIDS awareness.
The VCJJC will identify specific goals and outputs for each long term resident, and documents
measurable outcomes related to program objectives as outlined in Title I Texas Administrative Code
Section 351.13, and any goals, outputs, and measurable goals based on the Texas Health and Human
Services Commission substitute Care Provider Outcome standards, These goals and outputs will be
incorporated into an Individualized Program Plan (IPP) for each child in the Residential Program. The
r
IPP will address the nine domain areas of medical, safety and security, recreational, educational,
mental /behavioral health, relationship, socialization, permanence, and parent /child relationship, as
specified in the substitute care provider standards. The ICP will be developed and signed by all
required parties within thirty calendar days after the placement of the child in the program. The ICP
will be reviewed and updated every ninety (90) calendar days, or more frequently as circumstances or
need requires. Periodic progress reports will be provided to the CONTRACTING COUNTY every six
weeks, or more frequently as the need arises. These reports will be based on treatment, academic, and
behavior progress.
III.
The CONTRACTING COUNTY shall pay the Facility $95.00 per day for each day a juvenile is in
Detention Program; $120.00 per day for each day a pregnant juvenile is in the Residential Program,
and $90.00 per day for each day a juvenile (other than a pregnant juvenile) is in the Residential
Program;
In the event that a juvenile in the detention program is designated as a "High Risk" for suicide and
who require being placed on "Constant Supervision" as per Section 343. 1 0(g)(2)(B) of the Texas
Juvenile Probation Commission Standards, the CONTRACTING COUNTY shall pay an additional
$125.00 per day along with the regular stated daily rate.
VCJJC will be responsible for accounting, billing, and payments for the operation of the Facility, and
the CONTRACTING COUNTY shall pay in accordance with directives of VCJJC.
The CONTRACTING COUNTY shall receive a detailed statement each month when it has placed a
child in the Facility. Payment for bed space is due by the first working day of the following month.
Payments should be directed to:
Victoria County Juvenile Justice Center
97 Foster Field Dr.
Victoria, Texas 77904
IV.
The CONTRACTING COUNTY shall, in all events, be responsible for payment of medical expenses
necessary for the health, safety, and welfare of the CONTRACTING COUNTY'S juveniles.
If emergency examination, treatment, or hospitalization outside the Facility is required for a juvenile
placed in the Facility, the Administrator of the Facility may secure such examination, treatment or
hospitalization at the expense of the CONTRACTING COUNTY, and bill the CONTRACTING
COUNTY for the same. In such event, the Facility Administrator or his representative will notify the
CONTRACTING COUNTY within (24) twenty -four working hours of its occurrence. The Facility
Administrator is further authorized to approve transfers to other tertiary care centers when the
situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to
secure medical services and approve the transfer.
The CONTRACTING COUNTY shall make arrangements directly with vendors for the provision of,
and payment for, routine medical expenses, including without limitation, hospitalization, prenatal
16d, 5(�
The term of this Contract shall run from September 1, 2007 or the date of execution, whichever is later,
until August 31, 2008.
The Contract may be Terminated Without Cause by either party by tendering thirty (30) days advance
written notice to the other party. During the notice period, the parties will attempt to resolve the issues
giving rise to termination.
The Contract may be Terminated For Cause and without notice in the event of a material breach of any
term of this Contract.
Upon the termination or expiration of this Contract, the VICTORIA COUNTY JUVENILE BOARD,
the VICTORIA COUNTY JUVENILE JUSTICE CENTER, and VICTORIA COUNTY shall be
discharged from any further obligations hereunder.
VII.
Pursuant to Section 231.006 of the Family Code, VCJJC certifies that the entity named in this contract
is not ineligible to receive the specific grant, loan, or payment, and acknowledges that this contract
may be terminated and payment may be withheld if this certification is inaccurate. VCJJC and
VICTORIA COUNTY maintains a relationship of good standing with the Texas Comptroller of
Public Accounts. VCJJC and COUNTY use and employ Generally Accepted Accounting Principles
(GAAP). VCJJC and COUNTY are audited by an outside, independent authority at least annually, and
must comply with periodic financial reporting procedures.
VCJJC adheres to all applicable state and federal laws and regulations pertinent to its provision of
services. The Facility complies with all applicable regulatory agency policies, procedures, and
administrative rules. VCJJC possesses and maintains all applicable or required, current state licenses,
certifications, registrations, and regulatory permits for a child care Facility. Copies of licenses,
certifications, and permits will be supplied to the CONTRACTING COUNTY upon receipt of written
request for these documents. The Administration of VCJJC will disclose to CONTRACTING
COUNTIES any pending or initiated criminal or governmental investigations, and results /findings
related to the Facility.
VCJJC accounts separately for the receipt and expenditures of any and all funds received under this
contract, or any funds received from the State of Texas, or funds received from any Federal program.
VCJJC maintains all applicable records for a minimum of three years, or until any pending audits and
all questions arising thereof have been resolved.
The CONTRACTING COUNTY understands that acceptance of funds under this contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit
or investigation in connection with those funds. The CONTRACTING COUNTY further agrees to
cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. The CONTRACTING COUNTY and
VCJJC will ensure that this clause concerning the authority to audit funds received indirectly by
ON 57
services, and dental, for Post- Adjudication Program juveniles and other juveniles for whom the
Administrator has not elected to secure such services as provided hereinabove.
V.
Each juvenile placed in the Facility by the CONTRACTING COUNTY shall be placed therein under
proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the
rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of
the Facility. The CONTRACTING COUNTY must remove the juvenile before the expiration of the
order. The CONTRACTING COUNTY agrees and understands that all Texas Juvenile Probation
Commission required documents for admission to a Detention Center, or Residential Program will be
submitted to VCJJC at the time of placement. VCJJC retains the right and responsibility to refuse the
admission of any juvenile from the CONTRACTING COUNTY if said documents are not supplied at
the time of admission, and retains the option to require CONTRACTING COUNTIES to supply pre -
placement packets on children being considered for placement in the Residential Program, thirty days
before placement.
Acceptance of the juvenile into the detention Facility will be determined by space availability. In the
event overcrowding exists in the detention Facility, VCJJC maintains the right to ask the
CONTRACTING COUNTY to remove the juvenile within four (4) hours from the time notified.
CONTRACTING COUNTIES may reserve Post - Residential beds.
VCJJC reserves the right to refuse custody to any juvenile who is deemed inappropriate.
The VICTORIA COUNTY JUVENILE BOARD has resolved to operate the Facility in compliance
with the Juvenile Justice and Delinquency Prevention Act, and therefore, VCJJC will not accept into
custody juveniles whose detention would prevent the Facility from complying with the Juvenile Justice
and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses
that would not be criminal if committed by an adult or offenses which do not constitute violations of
valid court order, or such non - offenders as dependent or neglected children." Section 223(a)(12)(A).
If a juvenile from the CONTRACTING COUNTY is accepted by the Facility and such juvenile
thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or
physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such
conditions or characteristics, or whose mental or physical health condition would or might endanger
the juvenile or the other occupants of the Facility, then upon such determination and notification by the
Facility Administrator to the CONTRACTING COUNTY, the CONTRACTING COUNTY shall
remove or cause to be removed such juvenile from the Facility within four (4) hours when notified that
the juvenile has become unmanageable. Juveniles who are intoxicated or in need of immediate medical
attention will not be accepted under any circumstances without having been seen, treated and released
by a medical professional.
VI.
I00,� E59
subcontractors through the CONTRACTING COUNTY and the requirement to cooperate is included
in any subcontract it awards.
VIII.
VCJJC will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed,
race, color, sex, or national origin.
IX.
Funds for payment have been provided through the Victoria County budget approved by the
Commissioners' Court of Victoria County, Texas, for this fiscal year only. State of Texas statutes
prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has
been approved. Therefore, anticipated orders or other obligations that may arise beyond the end of the
current Victoria County fiscal year shall be subject to budget approval.
X.
The invalidity or unenforceability of any term or provision of this contract shall in no way affect the
validity or enforcement of any other term or provision herein.
XI.
Neither party under this Contract shall have the right to assign nor transfer its rights to any third parry
without prior written consent by the other party.
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the
parties hereunder, shall be governed by the law of the State of Texas, and all venue shall be in
Victoria, Victoria C^nty, Texas.
Randy Sims, ounty Judge and
Brazos �t,
my Juv Board Chairman
Date: [� f>7
kIN\ \� 1
Doug Vance, PhD, Executive Director
Juvenile f Y Se(lrvices Department
l
Date: ` \-(.- 0
E
Chairman
Victoria County Juvenile Board
Date:
Donald R. Pozzi
Victoria County Judge
Date:
�`
4r
MEMORANDUM OF UNDERSTANDING
REGARDING EMERGENCY SHELTER
FOR BRAZOS COUNTY JUVENILE DETENTION
This Memorandum of Understanding ( "MOU ") is entered into between the
Brazos County Juvenile Services ( "BCJS "), and the Brazos County Sheriffs Department
(" BCSD ").
I. Purpose
1.1 The purpose of this MOU is to establish the Brazos County Sheriffs
Department, Sandy Point Detention center as an emergency evacuation
site for Brazos County Juvenile Detention.
1.2 In the case of a natural or catastrophic disaster causing the need to
evacuate the Juvenile Detention Center the Sandy Point Detention Center
will house all detained juveniles.
II. Time -Frame
2.1 It has been agreed by both parties that the evacuation length should not
exceed seven calendar days unless mutually agreed upon by both parties.
III. BCJS Responsibilities
3.1 BCJS shall provide all needed transportation of all detained juveniles.
3.2 BCJS shall provide staff to supervise the juveniles.
3.3 BCJS shall make other arrangements for housing if the length exceeds
seven calendar days.
IV. BCSD Responsibilities
4.1 BCSD shall provide adequate space to house 48 juveniles for a seven -day
length of stay.
4.2 BCSD shall provide all needed utilities, food, linens, laundry service and
visitation space as needed for the detained juveniles.
4.3 BCSD shall ensure that the space provided has complete sound and sight
separation from the adult population.
4.4 BCSD shall ensure that no BCSD employee is in anyway supervising the
juvenile population.
l oA ��
V. Term of the Memorandum of Understanding
5.1 The term of this MOU is from the effective date of the signing by all
Parties involved through October 1, 2008.
5.2 Thereafter, renewal may be made on a yearly basis by mutual consent of
the parties.
5.3 This MOU is executed in multiple originals, each of which shall have the
full force and effect of an original document, and each of which shall
constitute but one and the same instrument.
Randy Sims ounty Judge
Chair, Bratos County Juvenile Board
Christopher Kir , Sheriff
Brazos County Sheriffs Department
J� \ � - -
Doug Vance, Executive Director
Brazos County Juvenile Services
001 1
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Date
09 1.25 3-0di'
Date
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Date
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Brazos Animal Shelter, Inc.
October 1, 2007 - September 30, 2008
THE STATE OF TEXAS
COUNTY OF BRAZOS
This Agreement is made this day of , 2007 by and between The
Brazos Animal Shelter, Inc., a Texas non -profit corporation (herein the "Shelter ") and Brazos
County, Texas, a political subdivision of the State of Texas acting by and through its duly elected
Commissioners Court (herein "County ").
Whereas, the Shelter operates a facility currently located at 2207 Finfeather Road, Bryan,
Brazos County to house stray, unwanted or abandoned animals (herein the "Facility "); and
Whereas, the COUNTY has need of a facility to house animals, other than livestock, that
it takes possession of throughout the COUNTY.
Now: THEREFORE KNOW ALL MEN BY THESE PRESENTS, that for and in
consideration of the mutual covenants herein expressed, the receipt and sufficing of which is
hereby acknowledged, the Parties agree as follows:
1. The COUNTY agrees that all animals, other than livestock, seized within its
jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded
under the exclusive control and custody of the SHELTER for periods of time as required by State
law and the applicable COUNTY Orders except as hereinafter set forth.
2. The COUNTY agrees to pay to the SHELTER an annual fee of $37,405.00
(THIRTY -SEVEN THOUSAND FOUR HUNDRED FIVE AND NO /1.00 DOLLARS) based
upon the term of the contract. The fee shall be divided into twelve payments of $3,117.08
(THREE THOUSAND ONE HUNDRED SEVENTEEN AND.08 /1.00 DOLLARS) to be paid
monthly.
3. The COUNTY shall and does hereby assign to the SHELTER those fees the
COUNTY collects for the registration of dogs and cats within Brazos County commonly referred
to as "tag fees." In exchange for such fees, the SHELTER shall administer the COUNTY's
registration program for such animals.
4. The COUNTY represents to the SHELTER that it has in force orders providing
for the vaccination and licensing of animals under appropriate circumstances, providing for
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Brazos Animal Shelter, Inc.
October 1, 2007- September 30, 2008
Ion (�a
impounding of nuisance animals running at large, and that while this contract is in effect, such
orders will be continued in force, provided, however, that such orders may be modified from
time to time as the County deems appropriate.
5. The COUNTY agrees that every animal delivered to the SHELTER in accordance
with this agreement, shall become the sole and exclusive property of the SHELTER (subject to
reclamation by the owner), so that neither the COUNTY nor any agency nor agent of the
COUNTY, nor of the State of Texas, nor any institution, corporation nor individual shall have
any claim or right to any animal not so claimed and redeemed. The COUNTY agrees, that the
SHELTER shall have the undisputed right, consistent with the orders of the COUNTY, to
humanely dispose of every animal given into its custody in accordance with the SHELTER's
principles as follows:
a. To place animals in the care, custody and control of new owners; and
b. To humanely destroy animals which are not claimed by owners and which are not
suitable for placement in the care, custody and control of new owners.
6. The SHELTER agrees to accept each and every animal delivered to the Facility
located in Brazos County, Texas, by the agents of the COUNTY and to provide each and every
such animal with shelter, food, water and all other humane treatment of the same degree and kind
that the SHELTER provides for all other animals which may come into its care, custody and
control. The COUNTY shall not accept a surrender of ownership of an animal by its owner in
the field.
7. The SHELTER agrees that it will make its Facility available to the COUNTY
during its open hours and during periods of closure for the purpose of delivering animals to the
SHELTER.
8. The SHELTER agrees to provide to the COUNTY on or before the 15th day of
each month during the term of this contract a statement of the number of dogs, cats and
miscellaneous animals received by the SHELTER from the COUNTY or otherwise retrieved
from Brazos County, the number of days held and the number of dogs and cats issued County
tags during the preceding 30 day period.
9. The COUNTY reserves the right to require an audit of the records of the
SHELTER at any time deemed necessary for the limited purpose of verifying the number of
animals registered and the number of animals attributable to the COUNTY and the length of stay
of each such animal.
10. It is mutually agreed that the SHELTER shall provide facilities for rabies
observation for at least six (6) dogs and eight (8) cats. Animals delivered to the SHELTER by
the COUNTY for rabies observation shall be isolated for a period of time in accordance with
2
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Brazos Animal Shelter, Inc.
October 1, 2007- September 30, 2008
State law.
11. In the event animals are being held by the SHELTER as a result of a cruelty
seizure or a legal hold has been placed upon the animals as a result of a criminal
prosecution, the COUNTY shall reimburse the SHELTER for any veterinarian invoices and
medical bills incurred by the SHELTER.
12. SHELTER shall at all times relevant to the fulfillment of this Agreement have,
keep, and maintain insurance covering general liability, worker's compensation if required
by State law, and automobile liability.
Workers Compensation insurance shall be at statutory limits, including employers' liability
coverage at minimum limits of $500,000.00 each accident.
The General Liability insurance shall have a minimum combined single limit for bodily
injury, personal injury, and property damage of $1,000,000.00 per occurrence.
Automobile Liability insurance shall be continuously held with limits for bodily injury and
for property damage of not less than $1,000,000.00 on all self - propelled vehicles used in
connection with the animal control operation, whether owned, non -owned or hired.
Copies of certificates evidencing such insurance as herein required shall be sent to the
COUNTY for its records.
The SHELTER agrees, to the extent allowed by law, to indemnify and hold harmless the
COUNTY from any claims, damages, or causes of action which might arise from any
obligations of SHELTER as outlined herein, and SHELTER specifically agrees to
indemnify the COUNTY against all claims, damages or causes of action which might arise
as a result of acts, omissions or negligence of SHELTER or its agents arising out of
SHELTER's obligations under this Agreement.
The COUNTY agrees, to the extent allowed by law, to indemnify and hold harmless the
SHELTER from any and all claims, damages, or causes of action which arise as a result of
acts, omissions or negligence of the COUNTY or its agents arising of the COUNTY's
obligations under this Agreement.
14. In the event the COUNTY fails to remit to the SHELTER the fees due hereunder,
the COUNTY shall be in default. The SHELTER shall terminate the agreement for non-
payment of fees if the COUNTY has not cured its default after 30 days written notice.
15. This Agreement is not assignable by either party.
16. This contract shall be for a term of one year commencing on October 1, 2007 and
3
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Brazos Animal Shelter, Inc.
October 1, 2007- September 30, 2008
i A 1A
terminating on September 30, 2008.
IN WITNESS WHEREOF, the said COUNTY and the said SHELTER have hereunto
caused their respective corporate names and seals to be hereunto subscribed and affixed by
their respective officers first thereunto duly authorized as of the date hereinabove first
written.
ATTEST:
Karen McQueen, County Clerk
AGREEMENT FOR ANIMAL SHELTER SERVICES
Brazos County and Brazos Animal Shelter, Inc.
October 1, 2007- September 30, 2008
COUNTY. TEXAS
Randy Sitn/, County Judge
BRAZOS ANIMAL SHELTER, INC.
]Lrz" � I � �k )OQD
Ashley Wesp irector
4
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4(�L
BRAZOS COUNTY HISTORICAL COMMISSION
1200 GOODE STREET
COLLEGE STATION, TX 77840 -3033
This contract is between the Brazos County Historical Commission and Brazos
County, Texas for the period October 01, 2007 — September 30, 2007 for FY 2008.
Brazos County acting through the County Judge and the County Commissioners
agrees to provide funding in the amount of $3,600 for the Brazos County Historical
Commission (BCHC) to enable the BCHC to actively promote the interest in and
appreciation of the rich history of Brazos County by encouraging individuals,
organizations, businesses, and others to submit applications for historical markers for
buildings, organizations, activities, individuals, sites of historical events, and other
entities and events throughout Brazos County and by supporting other events that have
the same goals.
The Brazos County Historical Commission annually requests funding to carry out
its duties as a state mandated unit of the county and spends county approp funds to
carry out the activities which the Texas Historical Commission encourag e s every county
historical commission to carry out. The BCHC uses county funds to pay for markers only
when there is no individual, group, or agency to pay for a marker that the BCHC feels is
important to help inform citizens of Brazos County and others who may visit the county
about some part of the rich history of Brazos County. The GCHC and the applying
organizations, individuals, and businesses actively participate in the public marker
dedications. We are becoming increasing successful in our efforts to have the media
attend and report on these events.
Any funds not expended by the BCHC during the calendar year for which the
funds have been appropriated revert to Brazos Coupty
Dat approved and signed:
Charles R. Schultz
Chairman, BCHC
1 6A 66
CONTRACT FOR SERVICES
KEEP BRAZOS BEAUTIFUL, INC.
STATE OF TEXAS §
COUNTY OF BRAZOS §
" / �� (C)
This is an Agreement by and between the COUNTY OF BRAZOS (hereinafter referred to as
"COUNTY ") and KEEP BRAZOS BEAUTIFUL, (hereinafter referred to as ( "Keep Brazos Beautiful,
Inc. ") a non - profit organization for the improvement of Brazos County.
WHEREAS, Keep Brazos Beautiful, Inc. is a volunteer environmental educational organization
dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County
through programs that educate and engage Brazos County citizens to keep our community clean, green,
and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste,
beautifying and improving their surroundings; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties
agree as follows:
Keep Brazos Beautiful, Inc. shall provide services to the COUNTY as follows:
A. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the
importance of litter prevention, recycling, re -use, and buying recycled products, conservation
of resources, the proper care and planting of trees and maintain a lending library to assist in
teaching about a variety of environmental issues. Provide positive environmental leadership
and volunteer opportunities to Brazos County youth and adults.
B. The Executive Director shall serve on the Solid Waste Advisory Committee (S WAC) of the
Brazos Valley Council of Governments (BVCOG) to promote environmentally sound waste
management practices in the Brazos Valley.
C. Perform an annual "Litter Index" survey of the Brazos County and provide the scores to the
Commissioners Court.
D. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout
Brazos County. Act as an information resource to citizens, law enforcement officials,
prosecutors, and the Commissioners Court about issues relating to litter and illegal dumping in
Brazos County.
E. Promote the "Adopt -a- Road" and "Adopt -a- Highway" programs in the County.
F. Promote a "Memorial TREES Program" to plant trees in Brazos County and host an annual
Arbor Day Celebration.
G. Plant wildflower seed along public roadways in Brazos County.
H. Educate the community on the need to recycle and to buy recycled products through the use
displays, public speaking engagements, and "Texas Recycles Day" events.
IP 7
I. Act as a clearinghouse for information for area residents on recycling, and provide information
concerning Citizen Collection Stations in rural Brazos County as requested. Assist in the
publicity for the yearly Christmas tree, Telephone Book Recycling, and Household Hazardous
Waste Collection Events.
J. Provide positive reinforcement through a variety of award programs such as the Business and
Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards.
Keep Brazos Beautiful, Inc., Inc. will be funded by the COUNTY in the amount of Eighteen Thousand
Dollars ($18,000) from the COUNTY 2007 -2008 Fiscal Year funds to be used for staff salaries and
benefits expenses. Additionally, the COUNTY will also provide One Thousand Five Hundred Dollars
($1,500) to be used to be used to pay for the rental of the Brazos Center, for the Post Appreciation Party at
the annual spring community -wide cleanup events the "Don't Mess with Texas Trash - Off. " Keep Brazos
Beautiful, Inc. shall maintain fiscal records and supporting documentation in the form of canceled checks,
payroll records, invoices, and/or other documentation required for all expenditures of funds made under
this agreement.
2. Keep Brazos Beautiful, Inc. shall submit a financial statement to the COUNTY annually.
3. All notices and documentation required to be sent to the COUNTY shall be forwarded to
Judge Randy Sims
Brazos County Court House
300 E. 26t" St. Suite #114
Bryan, TX 77803
4. It is understood and agreed that the COUNTY'S participation in Keep Brazos Beautiful, Inc. is
limited to the contribution of funds. COUNTY, at no time, shall be liable or responsible for acts of
Keep Brazos Beautiful, Inc., its agents or employees. Keep Brazos Beautiful, Inc., at no time shall be
liable or responsible for acts of BRAZOS COUNTY, its agents or employees.
5. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time.
Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date
of termination. The notice shall include the reasons for such a termination, the effective date of the
termination and, in the case of partial termination, the potion of the Agreement to be terminated.
SIGNED this 22nd day of June, 2007
KEEP BRAZOS BEAU11EUL, INC., INC.
Pres' ent of the Board of Directors
ATTEST:
c &
County Clerk
lob lvs
AGREEMENT
THIS AGREEMENT is entered into this Q `" ` day of L 2007 A.D., by and
between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications
District (District) pursuant to the authority of the Texas Interlocal Government Cooperation Act,
Article 4413(32c), V.T.C.S.
WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section 722.301 et seq.,
Texas Health and Safety Code, the District has been formed and is a political subdivision of the State
of Texas; and,
WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to
enter into interlocal cooperative governmental agreements; and,
WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually
beneficial for the County and the District to enter into an agreement for the District to perform for the
County, Emergency Communications Services Dispatching;
NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made
hereinafter, the undersigned parties agree as follows:
Effective October 1, 2007, the District is hereby appointed the emergency communications
dispatching authority for the Brazos County Sheriff's Office and Volunteer Fire Departments and will
monitor and record radio transmissions for the Constables for the period October 1, 2007, through and
including September 30, 2008.
The County will provide the District access to the County's Law Enforcement Computer
System to facilitate Law Enforcement Officers requests for warrant information.
W) 109
The County agrees to pay and the District agrees to accept as compensation for the services
provided a flat fee of seven hundred sixty one thousand six hundred fifty four and
NO /100 DOLLARS ($761,654.00), payable in twelve monthly installments. The County shall pay the
full amount due within thirty days of invoice from the District. All payments shall be subject to the
Texas Prompt Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a
mutually agreed upon escrow account until a resolution.
The District shall encumber and hold in reserve a fund equal to three (3) months operating
expenses. This reserve balance shall be reported to the Board of Managers on the District's monthly
financial statements.
The District shall furnish to the County Auditor, at a minimum, documentation indicating the
use of funds received from the County. The County's Auditor may require the District to provide
information necessary for the Auditor to properly account for all funds expended or received by the
District.
District employees shall not be considered as County employees.
The County and the District understand and agree to be subject to all the laws, ordinances and
regulations which govern and affect Emergency Communications Dispatching and National Crime
Information Computer network telecommunications as promulgated by the State of Texas or the United
States Government or any of its appropriate Agencies, such as the Texas Department of Public Safety
or the Federal Bureau of Investigation.
This agreement is made in accordance with the Texas Emergency Telephone Number Act,
Section 772.301 et seq., Texas Health and Safety Code.
Each of the parties to this agreement agrees to hold the other harmless for any and all claims of
whatsoever nature or kind, which may arise as a result of that party's fulfillment of this agreement.
2
/01 70
Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory
agents for any required documentation to implement the intent of this Agreement.
This agreement contains all of the commitments and covenants of the parties and any oral or
written promises not contained herein shall have no force or effect to alter any term or condition of this
agreement.
This agreement may be terminated by either party upon 90 days advance written notice to the
non - terminating party as set forth below. In the event of termination, the fee payable by the County to
the District shall be pro -rated to the date of termination.
All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or
sent registered or certified mail, postage prepaid, return receipt requested to each party as set below:
Brazos County Emergency Communications District
Executive Director
PO Box 911
Bryan, Texas 77806
Brazos County
County Judge
PO Box 111
300 East 26th Street
Bryan, Texas 77803
K
This agreement may only be modified or amended in writing by the mutual consent of the
parties with said modification being attached to and incorporated into this agreement by this reference
for all purposes.
SIGNED this --� day of L(2JL; , (-- , 2007 A.D.
BRAZOS ObNTY EMERGENCY COMMUNICATIONS DISTRICT
BY:
Rona ii G. Mayw'
Chairman, Board of Managers
ATTEST:
BY: ick &-&--
Greta Norton
Recording Secretary
BRAZOS COUNTY, TEXAS
Randy
County
ATTEST:
BY: 4c
en McQueen
County Clerk
4
Brent Scowcroft
Pre,idenr
James W. Cicconi
\hue Pre idcnt
Terri Lacy
Sr a erary/Te:murc r
Thomas Ludlow Ashley
tilemher
Jeb Bush
1vlember
Lodwrick Cook
Member
Bobby Holt
Member
Dorothy Bush Koch
Member
John H. Lindsey
Member
Frederick D. McClure
Member
The Honorable Randy Sims
300 East 26th Street
Suite 114
Bryan, TX 77803
Dear Judge Sims:
.4�
September 18, 2007
GIOIZ A 5(,Ji 1-11,, iii F�.,i,M)ATIO,
Ti \A, A &M Uxa\ rr.rn
1145 TANW
TFx \: T7141 -1;4,
(97 9)802 -2251
(`ail)) 8o' -_2253 (FAX)
bu1bt0011d.1n��ni! hhlcrmw.OdU
Roman Popadiuk
Eseuirive Director
Penrod S. Thornton
Dehurc Pi error
As per our discussion, this letter sets forth our agreement on your pledge from Brazos County to
the George Bush Presidential Library Foundation in the amount of $25,000 for the rededication
of the George Bush Presidential Library and Museum.
The pledge of $25,000 is payable in one installment and due by November 1, 2007.
As a result of your generous gift you will receive an invitation for four people to attend the VIP
dinner and reception with President Bush to be held November 9, 2007. You will also receive
written recognition in the event program, a special preview tour of the Museum, an invitation for
four people to attend the ribbon cutting and luncheon with VIP seating, and a special 10 'h
anniversary gift. Lastly, your gift will be recognized with the inclusion of your name(s), as
directed by you, on a paving brick at the Library Center.
Please sign both copies of this agreement and return one to me if this captures the letter of our
agreement.
I appreciate the County's continued interest and support and look forward to hosting you at the
Library Center.
Sincerely,
Roman Popadiuk
Executive Dlirector
Judge Randy
Fh� �Je�irve Rush 1're- .yk4/vori.i1 Libiii), F„unJ, t inrrrn.11 kc cline ti I, lcc a, i rc. i01(, )(i) nrn- pl,dir, t i�- cyrny•r ��r,�,�ni
OF THE BRAZOS VALLEY
June 29, 2007
Judge Randy Sims, Commissioner Lloyd Wassermann,
Commissioner Duane Peters, Commissioner Kenny Mallard, and
Commissioner Carey Cauley, Jr.:
In recognition of United Way's ongoing commitment to the well being and self-
sufficiency of thousands of Brazos County residents, Brazos County will provide
one -time funding in the amount of $ , .3DO. " to our United Way to
assist in paying for its headquarters building. 100% of these funds will be used
to reduce the debt carried by United Way for this facility.
Payment will be made on the following date(s): t` n or LP"T� �&L
Thank yo.* fgy,',v6ur consideration and assistance,
President and CEO
United Way of the Brazos Valley
Agreed By:
979 -696 -GIVE FNOr��
979 - 696 -4490 i,•.x
www.uwbv.org
909 Southwest Parkway East, Ste. 100
College Station, Texas 77840
Date:
Post Office Box 10883
College Station, Texas 77842
I 1. Provide the Court with statistics evidencing the number of Brazos County residents
Using the Provider's Services and the percentage Brazos County residents comprise
of the total population using Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Fund its monetary commitment as stated herein.
2. Conduct a review of the Provider's performance in providing the Dental Services and
Administrative Services to be provided hereunder in order to assess County's
continued participation in the funding of the Provider and to verify Provider's
compliance with the terms of this contract.
3. Approve standards for eligibility for Dental Services hereunder.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Dental Services provided to
those individuals using its services and all financial records of the clinic. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitations of state law, any and all records the County determines, in
its sole discretion, to be necessary for the Court to justify its continued participation in
supporting the Provider with funding and to verify compliance with the terms of this Contract.
Such records shall be retained for at least four (4) years from the date the Dental Services was
provided. These records shall be made available for inspection and audit by the County if it so
desires.
DISCRIMINATION
The provider shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Provider shall take affirmative
action to ensure that applicants who are employed are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff
or termination; rate of pay or other forms of compensation; and selection for training, including
apprenticeship. The Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting for provisions of this non - discrimination clause.
Page 3 of
1a� �s
INDEMNITY
The Provider agrees to indemnify the County for and hold it harmless from and against
all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach,
Violation or non - performance of the Dental and Administrative Services stated herein and for
any damage to any person resulting from any act or omission or negligence on the part of
Provider.
INSURANCE
The parties hereto agree that the Provider is an independent contractor and not an agent
of the County and that Provider shall maintain at its own expense, adequate liability insurance to
insure against damages and liabilities which may arise due to the duties and obligations
contacted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Contract or the service to which it relates, has personal interest, direct or
indirect, in this Contract.
GOVERNING LAW
This Contract shall be executed in and shall be governed by the laws of the State of
Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice or by mailing it, registered mail to the other party at the following addresses:
Brazos Valley Community Action Agency
504 East 27`h Street
Bryan, TX 77803
Brazos County
C/o Commissioners Court
300 East 26`h Street, Suite 114
Bryan, TX 77803
FURTHER ASSISTANCE
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Contract.
Page 4 of 5
Ion ��
CONTRACT (�
THIS CONTRACT IS ENTERED into by and between BRAZOS COUNTY, TEXAS, acting
by and through its duly elected County Commissioners Court (hereinafter "County "), and the
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC. (hereinafter "Provider "),
located at 504 East 27`h Street, Bryan, Texas 77803
RECITALS:
WHEREAS, the County is obligated to provide for the health and safely of its citizens;
T�TJ
WHEREAS, the County is responsible to a degree for the support of the County's poor;
and
WHEREAS, the residents of Brazos County are not served by a public hospital or
hospital district; and
WHEREAS, the County, pursuant to the Indigent Health Care and Treatment Act, Health
and Safety Code, § 61.001 et seq. (the "Act "), is authorized to provide certain Dental Services to
the County's indigent population, including but not limited to dental care, laboratory and x -ray
services and physician services; and
WHEREAS, the County, pursuant to the Act, has authority to contract with a private
facility for the provision of such services; and
WHEREAS, the Provider, has established a clinic to provide such services to the
County's indigent and poor residents; and
WHEREAS, the parties hereto believe that a Contract for services between them can be
mutually beneficial.
NOW THEREFOR KNOWN ALL MEN BY THESE PRESENTS that for and in
consideration of the mutual benefits herein described, the parties agree as follows:
TERM
This Contract shall commence on the I" day of October, 2007 and terminate on the 30
day of September, 2008 (the "Contract Term ").
This Contract may be canceled by either party hereto upon sixty -(60) days written notice
as provided herein.
Page 1 of 5
1 b� -77
SERVICE TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to dental
patients who qualify for such services pursuant to guidelines currently implemented for making
such determination: interviews, lab work, physical exams, education information and medicine
as needed (herein "Dental Services ").
COUNTY'S MONETARY COMMITMENT
County shall, on or before November 1, 2007, advance to Provider against the total cost
to provide Dental Services to Brazos County qualified residents during the Contract Term, the
sum of $ Fl �tecn 1Tc�j.Sc:r .A QAVC r,<- g-- AC &o Such advance shall be used
as a reserve against which Provider shall provide up to $ 1" in Dental Services to
Brazos County qualified residents. No additional monies may be billed to the County until
documentation supplied to the County which demonstrates the Provider has furnished
$ in Dental Services to Brazos County qualified residents.
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following administrative services (herein
"Administrative Services ") pursuant to this Contract:
1. Obtain all necessary application forms from potentially eligible individuals.
2. Obtain and compile information on each applicant with regard to residency
and financial qualifications.
3. Make a determination, based upon County approved standards, that the
applicant qualifies for Dental Services hereunder.
4. Maintain this Contract.
5. Maintain data files on clients and the Dental Services provided thereto.
6. Respond to all and any inquires by the County regarding the Clinic and it's services.
7. Assist the County with information needed for audit purposes.
8. Provide the County with quarterly financial statements.
9. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Provide financial statements evidencing how County funds are spent. Such statements to
be submitted to County one week subsequent to such expenditure.
Page 2 of 5 10A —� K
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Contract, is held to be
unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of
the remaining provisions or portions thereof shall not be affected thereby.
ENTIRE AGREEMENT
The Contract contains the entire understanding between the parties hereto concerning the
subject matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between or among the parties hereto, relating to the subject
matter of the Contract, which are not fully expressed herein.
ASSIGNABILITY
This Contract is not assignable by the Provider without the prior written consent of the
County.
DATED this qf�- day of ( '2007
ATTEST:
Ward, County Clerk
IL'h&W A tc.QDeEN
BRAZOS COUNTY, TEXAS
Randy SAs, County Judge
BRAZOS VALLEY COMMUNITY
ACTION AGENCY, INC.
By11 rber, Ex u ve Director
Page 5of5 i ()d 761
ENTERSECT Online User Agreement
Agency Name: Brazos County
First Name: Randy
Last Name: Simms
1 N TEE R S E C T Agency Address: 300 E 26th Street, Suite 114
City: Bryan State: TX
2700 N. Main St.
Zip Code: 77803
Suite 535
Telephone Number: 979-3614102
Santa Ana, California
Fax Number: 979-3614503
92705
Email Address: keliiott .co.brazos.txus
www.entersect.net
Agency Type: Law Enforcement
Phone Number of user codes needed: One
(Please use the "Multiple User Form" to designate each login and password)
866 / 744 -6438
Fax Payment Method:
714 /564 -9057 o Credit Card - Please complete aedit card payment form
❑ Invoicing
Billing Contact: Helen Cook
Billing Contact telephone number: 979-3614992
Billing Goofed Email h .br us
Signature:
Date: //
Please complete the above requested information along with the signed
Agreement Terms and fax to:
Fax: 714 -564 -9057
-Or-
Mail: Entersect
2700 N. Main St.
Suite 535
Santa Ana, CA 92705
N go
Service Agreement Terms
This agreement is entered into between Certifion Corporation and the entity first set forth on the reverse hereof ( "New
User ") in Santa Ana, CA. Agreed to terms and conditions as follows:
1. SERVICE
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❑ 1 would like to add Identi- Shield to my account and understand that I will be charged $8.95 per connected
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❑ 1 would like to upgrade to EPO Pro and understand that I will be charged only $29.95 more per month.
SERVICE
TO:
PRINT NAME: ' Randy Sims TITLE: County Judge
�o� 8a
Multiple User Identification
(each name will require individual access code)
Name Phone Email
*Note New Number
Kenny Elliott (979) 361 -4942 kelliott @co.brazos.tx.us
ivy _83
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ITEM Q
EST C
CONTECH CONSTRUCTION W
WILSON CULVERTS
Galy Steel, rr'Gu1X1.84 e� p "
d V
" _
Vii. �ciia F
F'
_= ,;.
1a� -- 85
l�, g�
ITEM
NO
EST
IN FE
FE ET
CONTECH CONSTRUCTION
HOUSTON, TX
WILSON CULVERTS
ELKHART,TX
Gahl Steel,C!4rr Cj4xr8k
Truck Load, F.O.B. Destination
.,,
'z ,,r
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Supplier
NIB
NIB
NIB
NIB
Sloped Ends, Pair
NIB
NIB
NIB
NIB
14
24" Plastic Pipe ADS N -12 Smooth Int, Cor Poly
80
Single Pi e, F.O.B. Destination
NIB
NIB
NIB
NIB
Single Pi , F.O.B. Supplier
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Destination
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Supplier
NIB
NIB
NIB
NIB
Sloped Ends, Pair
NIB
NIB
NIB
NIB
kAtPlp
17" Span X 13" Rise -16 Gauge
500
15
Single Pipe, F.O.B. Destination
$12.54
$7.75
Single Pi e, F.O.B. Supplier
$9.71
$7.75
Truck Load, F.O.B. Destination
$8.66
$7.75
Truck Load, F.O.B. Supplier
$8.66
$7.75
Sloped Ends, Pair
$60.96
$61.25
16
21" Span X 15" Rise -16 Gauge
500
Single Pipe, F.O.B. Destination
$14.92
$9.18
Single Pi e, F.O.B. Supplier
$11.33
$9.18
Truck Load, F.O.B. Destination
$10.08
$9.18
Truck Load, F.O.B. Supplier
$10.08
$9.18
Sloped Ends, Pair
$74.59
$84.00
17
28" Span X 20" Rise -16 Gauge
500
Single Pi e, F.O.B. Destination
$17.88
$12.05
Single Pi e, F.O.B. Supplier
$14.52
$12.05
Truck Load, F.O.B. Destination
$12.94
$12.05
Truck Load, F.O.B. Supplier
$12.94
$12.05
Sloped Ends, Pair
$116.23
$140.00
18
35" Span X 24" Rise -16 Gauge
500
Single Pipe, F.O.B. Destination
$22.74
$14.96
Single Pi e, F.O.B. Supplier
$17.76
$14.96
Truck Load, F.O.B. Destination
$15.83
$14.96
Truck Load, F.O.B. Supplier
$15.83
$14.96
Sloped Ends, Pair
$181.94
$224.70
19
42" Span X 29" Rise -16 Gauge
500
Single Pi e, F.O.B. Destination
$25.25
$21.33
Single Pi e, F.O.B. Supplier
$25.06
$21.33
Truck Load, F.O.B. Destination
$22.20
$21.33
Truck Load, F.O.B. Supplier
$22.20
$21.33
Sloped Ends, Pair
$252.52
$367.50
20
49" Span X 33" Rise -14 Gauge
Soo
Single Pi e, F.O.B. Destination
$34.40
$24.83
Single Pi e, F.O.B. Supplier
$30.04
$24.83
Truck Load, F.O.B. Destination
$25.64
$24.83
Truck Load, F.O.B. Supplier
$25.64
$24.83
Sloped Ends, Pair
$480.00
CFO
21
57" Span X 38" Rise -14 Gauge
500
Single Pi e, F.O.B. Destination
$75.66
$38.45
Single Pi e, F.O.B. Supplier
$46.09
$38.45
Truck Load, F.O.B. Destination
$38.69
$38.45
Truck Load, F.O.B. Supplier
$38.69
$38.45
Sloped Ends, Pair
$810.00
$843.50
22
64" Span X 43" Rise -14 Gauge
500
Single Pipe, F.O.B. Destination
$60.08
$43.04
Single Pi e, F.O.B. Supplier
$60.08
$43.04
Truck Load, F.O.B. Destination
$43.25
$43.04
Truck Load, F.O.B. Supplier
$43.25
$43.04
Sloped Ends, Pair
$1,080.00
CFO
23
71" S an X 47" Rise -14 Gauge
500
Single Pipe, F.O.B. Destination
$80.78
NIB
NIB
Single Pi e, F.O.B. Supplier
$67.32
NIB
NIB
l�, g�
a��'�
� c✓'1 ,'�5"' �' �' _ a �., .a .
ITEM
NO
EST
QTY
IN FEET
CONTECH CONSTRUCTION
HOUSTON, TX
WILSON CULVERTS
ELKHART,TX
Galy Steel Carr;:Gulai. i rt' ..x IS
Sloped Ends, Pair
$810.00
CFO
26
66" Span X 51" Rise -14 Gauge
500
Single Pip e, F.O.B. Destination
$70.51
$41.88
Single Pipe, F.O.B. Supplier
$60.42
$41.88
Truck Load, F.O.B. Destination
$42.10
$41.88
Truck Load, F.O.B. Supplier
$42.10
$41.88
Sloped Ends, Pair
$1,080.00
CFO
27
73" Span X 55" Rise -14 Gauge
500
Single Pipe, F.O.B. Destination
$80.46
$46.20
Single Pipe, F.O.B. Supplier
$67.03
$46.20
Truck Load, F.O.B. Destination
$46.34
$46.20
Truck Load, F.O.B. Supplier.
$46.34
$46.20
Sloped Ends, Pair
$1,449.00
CFO
28
81" Span X 59" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
$86.24
$67.75
Single Pipe, F.O.B. Supplier
$71.87
$67.75
Truck Load, F.O.B. Destination
$67.82
$67.75
Truck Load, F.O.B. Supplier
$67.82
$67.75
Sloped Ends, Pair
$2,400.00
CFO
29
87" Span X 63" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
$117.20
$73.32
Single Pipe, F.O.B. Supplier
$97.67
$73.32
Truck Load, F.O.B. Destination
$72.86
$73.32
Truck Load, F.O.B. Supplier
$72.86
$73.32
Sloped Ends, Pair
$2,880.00
CFO
30
95" Span X 67" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
$125.20
$77.90
Single Pipe, F.O.B. Supplier
$104.33
$77.90
Truck Load, F.O.B. Destination
$77.92
$77.90
Truck Load, F.O.B. Supplier
$77.92
$77.90
Sloped Ends, Pair
$3,600.00
CFO
31
103" Span X 71" Rise -12 Gauge
500
Single Pip e, F.O.B. Destination
$122.06
$83.70
Single Pip F.O.B. Supplier
$110.96
$83.70
Truck Load, F.O.B. Destination
$100.87
$83.70
Truck Load, F.O.B. Supplier
$100.87
$83.70
Sloped Ends, Pair
$4,200.00
CFO
32
112" Span X 75" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
$145.80
$89.27
Single Pipe, F.O.B. Supplier
$121.50
$89.27
Truck Load, F.O.B. Destination
$110.46
$89.27
Truck Load, F.O.B. Supplier
$110.46
$89.27
Sloped Ends, Pair
$4,800.00
CFO
33
117' Span X 79" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
NIB
NIB
NIB
NIB
Single Pipe, F.O.B. Supplier
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Destination
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Supplier
NIB
NIB
NIB
NIB
Sloped Ends, Pair
NIB
NIB
NIB
NIB
34
128" Span X 83" Rise -12 Gauge
500
Single Pipe, F.O.B. Destination
NIB
NIB
NIB
NIB
Single Pipe, F.O.B. Supplier
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Destination
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Supplier
NIB
NIB
NIB
NIB
Sloped Ends, Pair
NIB
NIB
NIB
NIB
35
137' Span X 87" Rise -12 Gau a
500
Single Pipe, F.O.B. Destination
NIB
NIB
NIB
NIB
Single Pipe, F.O.B. Supplier
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Destination
NIB
NIB
NIB
NIB
Truck Load, F.O.B. Supplier
NIB
NIB
NIB
NIB
Sloped Ends, Pair
NIB
NIB
NIB
NIB
/o� 37
�� r � °nay,✓ �
j�
' %: +��aYH',ryia FJ- 'i $ i ` i € �' • $!�§ j1i6 +a#.'FE- z��i »��.�.�y:.s A .�.
WILSON CULVERTS
EST CONTECH CONSTRUCTION IFE ET
ITEM HOUSTON, TX ELKHART, TX
NO IN F
alv Steel Cr1..
Single Pipe, F.O.B. Destination
h
y Dd- P
�n A
NIB
NIB
NIB
NIB
Sloped Ends
NIB
NIB
N/B
NIB
q
Alm nu.
15" 14 ga Round Spiral Culvert
1
200
Single Pipe, F.O.B. Destination
$15.60
PPO
PPO
Single Pipe, F.O.B. Supplier
$15.60
Truck Load, F.O.B. Destination
$15.60
Truck Load, F.O.B. Supplier
$15.60
Sloped Ends, Pair
$130.00
2
18" 14 ga Round Spiral Culvert
200
Single Pipe, F.O.B. Destination
$18.75
PPO
PPO
Single Pipe, F.O.B. Supplier
$18.75
Truck Load, F.O.B. Destination
$18.75
Truck Load, F.O.B. Supplier
$18.75
Sloped Ends, Pair
$160.00
3
24" 12 ga Round Spiral Culvert
500
Single Pipe, F.O.B. Destination
$38.10
PPO
PPO
Single Pipe, F.O.B. Supplier
$38.10
Truck Load, F.O.B. Destination
$38.10
Truck Load, F.O.B. Supplier
$38.10
Sloped Ends, Pair
$316.70
4
36" 12 ga Round Spiral Culvert
500
Single Pipe, F.O.B. Destination
$57.20
PPO
PPO
Single Pipe, F.O.B. Supplier
$57.20
Truck Load, F.O.B. Destination
$57.20
Truck Load, F.O.B. Supplier
$57.20
Sloped Ends, Pair
$675.00
5
48" 12 ga Round Spiral Culvert
500
Single Pipe, F.O.B. Destination
$76.20
PPO
PPO
Single Pipe, F.O.B. Supplier
$76.20
Truck Load, F.O.B. Destination
$76.20
Truck Load, F.O.B. Supplier
$76.20
Sloped Ends, Pair
$1,002.50
6
60" 10 ga Round S iral Culvert
500
Single Pipe, F.O.B. Destination
$120.00
PPO
PPO
-Single Pipe, F.O.B. Supplier
$120.00
Truck Load, F.O.B. Destination
$120.00
Truck Load, F.O.B. Supplier
$120.00
Sloped Ends, Pair
$2,000.00
7
72" 10 ga Round Spiral Culvert
500
Single Pipe, F.O.B. Destination
Single Pipe, F.O.B. Supplier
$145.00
$145.00
PPO
PPO
Truck Load, F.O.B. Destination
$145.00
Truck Load, F.O.B. Supplier
$145.00
Sl
Ethoj, Pair
$3,000.00
'Pol
15" Poly Hugger Band Re- Rolled
�
1
35
NIB
NIB
NIB
NIB
2
18" Poly Hugger Band Re- Rolled
36
NIB
N/B
N/B
NIB
3
24" Poly Hugger Band Re- Rolled
24
N/B
N/B
N/B
NIB
4
36" Poly Hugger Band Re- Rolled
24
NB
NIB
NIB
NIB
5
48" Poly Hugger Band Re- Rolled
24
NIB
N/B
N/B
N
/B
15" Hugger Band Re- Rolled
36
31.20
10.88
2
18" Hugger Band Re- Rolled
36
37.50
$13.02
3
9d" Flunnnr R -A
_ - -
WILSON CULVERTS
ELKHART, TX
ITEM
NO
EST
QTY
IN FEET
CONTECH CONSTRUCTION
HOUSTON, TX
Galy Steel.GorOV 00 77
77
uI .
.
r
5
48" Aluminum Hugger Band Re- Rolled
15" Flat Band
24
24
61.08
14.40
PPO
p ^�.`n
10.88
PPO
1
2
18" Flat Band
24
$17.28
$13.02
3
24" Flat Band
24
22.95
34.65
4
30" Flat Band
24
27.00
.38
5
36" Flat Band
36
34.50
52.08
6
48" Flat Band
24
61.08
83.37
7
84" Flat Band
24
152.88
120.96
15" Aluminum Flat Band
24
31.20
FPO
FPO
1
2
18" Aluminum Flat Band
24
37.00
PPO
PPO
3
24" Aluminum Flat Band
24
$76.20
PPO
FPO
4
30" Aluminum Flat Band
24
NIB
FPO
PPO
5
36" Aluminum Flat Band
36
114.40
PPO
PPO
6
48" Aluminum Flat Band
24
$157.40
FPO
PPO
7
84" Aluminum Flat Band
24
$200.00
PPO
FPO
A r u4
ll�.'
AY,
40
41
Minimum Order Requiredt,t-
Required Order Amount'
NO
N/A
NO
5 -10 DAYS
$2,000.00
YES
$2,000.00
NO
3 -5 DAYS
N/A
42
43
24 Hour Delivery of Single Pipe
Del Time - Truck Load / Sp Order
_`
44
Truck Load Quantity
;; ::
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ow
Recommendation:
Primary Vendor: Contech Construction
Secondary Vendor: Wilson Culverts
COURT APPROVAL:
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Investigate Number: 0709C11379 Map Number: 228 -384
RIGHT OF WAY EASEMENT
STATE OF TEXAS}
COUNTY OF BRAZOS) KNOW ALL MEN BY THESE PRESENTS
That Brazos County, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as
"Bryan Texas Utilities" ( "BTU ") and to its successors and assigns, an easement and right -of -way upon, under, over, and
across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property ") is
described as follows:
(Describe only the part of Grantor's Property covered by this easement)
BEING a 96.26 acre tract of land know as Brazos County Complex Phase Two, Block 1, Lot 1, Brazos County,
Texas. Being more particulary described in Volume 2306 and Page 271 of the Deed Records of Brazos County,
Texas.
(herein the "Property ")
BEGINNING See the attached Exhibit "A ".
The width of this easement hereby granted is described as follows: See the attached Exhibit "A ".
(herein the "Easement ")
The Easement Area granted by this instrument (the "Easement ") is subject to the following conditions:
1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair,
remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to
remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the
Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable
of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes,
transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to
electric energy and /or communication.
2. BTU has the right to trim and /or remove, from the Easement, without payment due to Grantor, all trees, branches,
underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the
Utility Facilities on the Property on which the Easement is located.
3. The Grantor covenants for itself, his or her personal representatives, executors, and /or successors and assigns, not to
place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of
the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the
purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads,
driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses.
4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the
Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns.
5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the
rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed.
6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and
singular, the rights and premises granted to BTU by this instrument.
7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the
unqualified right to grant the privileges contained herein.
Page 1 of 2
lob q �
Investigate Number: 0709011379
IN WITNESS WHEREOF, the Grantors execute this instrument
Randy Sims, County Judge
Map Number: 228 -384
%
day of
STATE OF I if Y4 a
COUNTY OF " L)n . & -)5 -
Before me, the undersigned authority, on this day personally appeared ICGrtc-�U 1 cG whose name is
subscribed to the foregoing instrument and acknowledged to me that _ executed the same for the purposes and
consider . n therein expre ed. v n under my hand and seal of office this q-Y,, day of fxf• , AD 2007.
r ' �= DEBBIE L. LOCIQEDGE
Notary Public/ State of I C� L'-5 p MY COMMISSION EXPIRES
� r July 13, 2011
IN WITNESS WHEREOF, the Grantors execute this instrument this
, AD 2007.
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared whose name is
subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this day of , AD 2007.
Notary Public/ State of
IN WITNESS WHEREOF, the Grantors execute this instrument this
, AD 2007.
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
subscribed to the foregoing instrument and acknowledged to me that
consideration therein expressed. Given under my hand and seal of office this
Notary Public/ State of
IN WITNESS WHEREOF, the Grantors execute this instrument this
, AD 2007.
day of
whose name is
executed the same for the purposes and
day of , AD 2007.
day of
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day personally appeared whose name is
subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and
consideration therein expressed. Given under my hand and seal of office this day of , AD 2007.
Notary Public/ State of
Page 2 of 2 I CA qg
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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 # 0709C11379
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