HomeMy WebLinkAbout2007-10-23-9:00AM-REGULARBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 23 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 Wassermann.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 26:
3. Budget Amendment 06/07 -50.1 thru 06/07 -50.6.
4. Personnel Change of Status.
5. Payment of Claims.
6. Appointment of Sgt. Kris Fraley with Brazos County Sheriff's Office to the Brazos
Animal Shelter Board; term of appointment is 1 October 2007 through 30 September
2009.
7. Set the effective date for the increase in the County's contribution to employees'
medical coverage as 16 October 2007.
8. Set the effective date for the increase in the employee and retiree premiums for medical
and dental insurance as 1 January 2008.
Office of the County Judge • 300 East 26th St. Suite 114
Bryan, Texas 77803 Fax: (979) 361 -4503
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Commissioners Court Agenda
23 October 2007
Page 2
9. Proclamation 07 -035 recognizing November 2007 as Home Care and Hospice Month in
Brazos County.
10. Renewal of the license agreement with Service - Now.com, Inc for incident tracking and
asset management software.
11. Brazos County Designation of Pat Howard and/or Gary Arnold as its representative(s)
regarding the contract entered into between Brazos County and Hunt Construction,
executed on 31 October 2005, for construction manager services rendered for:
a. Brazos County Exhibition Hall, arenas and stall barns.
b. Sheriff's Office Building
12. Contracts with the following community service agencies for FY08:
a. Research Valley Partnership
b. Texas A &M University -- Easterwood Airport
c. Brazos Valley Council of Governments -- Indigent Health Care Program
d. MHMR Authority of Brazos Valley
e. Brazos County Rape Crisis Center, Inc.
f. Brazos Valley Veterans Memorial
g. Soil & Water Conservation District
h. Brazos Valley Food Bank, Inc.
i. Voices for Children
j. Big Brothers Big Sisters of Brazos Valley
k. South Brazos County Fire Department
1. District 2 Volunteer Fire Department, Inc.
m. Brazos County Precinct 3 Volunteer Fire Department, Inc.
n. Brazos County Precinct 4 Volunteer Fire Department
13. Maintenance Agreements for FY08 through SunGard Pentamation for the Informix
Standard Engine Runtime, Client SDK Development, SQL Development and Standard
Engine Development licenses.
14. Treasurer's Report for the month of August 2007.
15. Tax Refund Applications for the following:
a. Erlinda Liu d. Wallace/Halpin LLC
b. John E. McFarlane Family Trust e. Kathleen Hobson
c. Luther J. McGee
16. Permission to award the annual contract for grit trap pump out and disposal to A+
Septic Service, Inc. Contract term is 11/01/07 through 11/01/08, with an option to
renew for two additional years.
17. Capital Requisition #00016334 in the amount of $183,498.00 to Mustang Machinery
Co., Ltd. for the purchase of a hydraulic excavator for the Road & Bridge Department.
Commissioners Court Agenda
23 October 2007
Page 3
18. Capital Requisition #00016404 to R. B. Everett for the purchase of a Padfoot Roller for
the Road & Bridge Department.
19. Capital Requisition #00016406 to Britt Rice Construction to remodel the Westside
restrooms at the Brazos Center.
20. Request from the 7711 Corporation & Energy Transfer Company to construct 415 feet
of 8 -inch steel gas line installations in the right of way of Old Reliance Road; check no.
023125 in the amount of $5,090.80 for the permit accompanies this request. Site is
located in Precinct 2.
21. Request for permission to enter private property belonging to the Frank Sousares Estate
located off Pleasant Hill Road for the purpose of clearing brush and low hanging tree
limbs to create better site distance around a curve for the health, safety and welfare of
the general public. Site is located in Precinct 4.
22. Request for permission to enter private property belonging to the Frank Sousares Estate
located off Pleasant Hill Road for the purpose of clearing brush and low hanging tree
limbs to create better site distance around a curve for the health, safety and welfare of
the general public. Site is located in Precinct 4.
23. Request for permission to enter private property belonging to the Sally Merka Estate
located off Pleasant Hill Road for the purpose of clearing brush and low hanging tree
limbs to create better site distance around a curve for the health, safety and welfare of
the general public. Site is located in Precinct 4.
24. Payment Authorization in the amount of $222.68 to Unifirst for Road & Bridge
uniform rental until the new bid process is completed
25. Payment Authorization to Gray Texas LP / KBTX -TV in the amount of $370.00, to be
paid from FY07 funds, for air time advertisements of the Expo Complex. The invoice
was received after the P.O. was closed.
26. Payment Authorization from the Brazos County District Clerk requesting a demand
check for the Juror Payment Cash Fund in the amount of $5,000.00.
27. Announcement of interest items and possible future agenda topics.
28. Call for citizen input and /or concerns.
29. Agency / Board / Committee reports by Court members.
30. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To ke arrangements, call (979) 361 -4102.
iT
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 23, 2007
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the p-- County Commissioners
Courtroom in the C Brazos County, Texas,
beginning at 9:00 a'j-1/'ber 23, 2007 with the
following members o:
Randy Sims, Cou
Lloyd Wasserman. _-- Lssioner of Precinct l;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3, Absent;
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 Wassermann gave the invocation and then led
the pledge of allegiance.
Under citizen input /and or concerns, the following spoke:
Demetrios Basdekas
a) He responded to a letter from the County Judge on open
record requests for the budget. He said he feels he
should not be charged. The County Judge pointed out
it is online. Mr. Basdekas said it is not as helpful
or easy to understand as a hard copy that was sent to
a printer. The County Judge said if he gave a copy to
Mr. Basdekas, he would have to give one to every
resident in the County. Mr. Basdekas was told that
the cost was $40 for a copy to cover overhead etc.
Mr. Basdekas said he spent more money to deny him a
Vol 10 'A Page
Commissioners Court meeting October 23, 2007 2
free copy. He then accused the County Judge of abuse
of authority.
The Court next considered Budget Amendment #06/07 -50.1
through 50.6 that would reallocate funds for Juvenile Services
(3), Constable, Precinct 1, and the Information Technology
Department; and transfer funds from Contingency to Court
Support Costs. 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 Wassermann, 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:
7042694 through 7042951
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of the
appointment of an individual to serve on the Brazos Animal
Shelter Board. The term of the appointment is from October 1,
Vol 0 a Page 11
Commissioners Court meeting October 23, 2007 3
2007 through September 30, 2008. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to appoint Sgt. Kris Fraley with the Brazos County
Sheriff's Office to the Brazos Animal Shelter Board.
The next matter before the Court was consideration of
establishing the effective date for the increase to the County
contribution for employees' medical coverage. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to establish October 16, 2007 as the
effective date for the increase in the County's contribution
to employees' medical coverage.
The Court next considered setting the effective date for
the increase in the employee and retiree premiums for medical
and dental insurance. On motion by the County Judge, seconded
by Commissioner Peters, the Court voted unanimously to
establish January 1, 2008 as the effective date for the
increase in medical and dental insurance premiums for
employees and retirees.
The County Judge read aloud Proclamation #07 -035
designating the month of November, 2007 as "Home Care and
Hospice Month ". The Court encourages the support and
participation of all citizens in learning more about the home
care and hospice philosophy of care for the elderly, disabled
Vol Page �1°�
Commissioners Court meeting October 23, 2007 4
and the terminally ill. On motion by Commissioner Wassermann,
seconded by Commissioner Peters the Court voted to proclaim
the month of November, 2007 as "Home Care and Hospice Month"
throughout Brazos County.
The next matter before the Court was consideration of a
request from the Director of the Information Technology
Department for approval of the license agreement with Service -
Now.com, Inc. for Incident Tracking and Asset Management
Software. The cost of the license agreement is $4,860.00. On
motion by the County Judge, seconded by Commissioner Peters,
the Court voted unanimously to approve the license agreement
and authorized the County Judge to execute the document. A
copy is attached.
The Court next considered a contract for Construction
Manager Services between Owner and Construction Manager
Designation of Representative. This contract designation is
applicable to contract entered into between Brazos County
(Owner) and Hunt Construction relating to the Brazos County
Exhibition Hall, Arenas, Stall Barns and the Sheriff's
Administration Building. This is for the Owner to designate
two County representatives who will have the authority to
approve the project budget, render decisions promptly and
furnish information expeditiously. On motion by Commissioner
Vol l y ,9, Page (.90
Commissioners Court meeting October 23, 2007 5
Peters, seconded by the County Judge, the Court voted
unanimously to designate Pat Howard and /or Gary Arnold and its
representatives. A copy of the designation is attached.
The next matter before the Court was consideration of
Contracts with the following community service agencies
for FY08:
a. Research Valley Partnership
b. Texas A &M University -- Easterwood Airport
c. Brazos Valley Council of Governments --
Indigent Health Care Program
d. MHMR Authority of Brazos Valley
e. Brazos County Rape Crisis Center, Inc.
f. Brazos Valley Veterans Memorial
g. Soil & Water Conservation District
h. Brazos Valley Food Bank, Inc.
i. Voices for Children
j. Big Brothers Big Sisters of Brazos Valley
k. South Brazos County Fire Department
1. District 2 Volunteer Fire Department, Inc.
m. Brazos County Precinct 3 Volunteer Fire
Department, Inc.
n. Brazos County Precinct 4 Volunteer Fire
Department
Commissioner Wassermann asked that our address be corrected on
item I from 24th Street to 26th Street. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve all the community service
contracts listed for FY 2007 -2008. A copy of each is
attached.
The next matter for the Court's consideration was a
request to renew the maintenance agreements through SunGard
Pentamation for FY 207 -2008 for the Informix Standard Engine
Vol d -a Page ( 911
Commissioners Court meeting October 23, 2007 6
Runtime, Client SDK Development, SQL Development and Standard
Engine Development licenses. On motion by the County Judge,
seconded by Commissioner Peters, the Court voted unanimously
to remove this item from the agenda.
On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
receive, approve and order filed as submitted the Treasurer's
report for August 2007. A copy is attached to and made a part
of these minutes.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Erlinda Liu, over payment $36.25
b. John E. McFarlane Family Trust, over payment $27.57
c. Luther J. McGee, over payment $51.07
d. Wallace /Halpin LLC, over payment $19.85
e. Kathleen Hobson, over payment $148.38
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The next matter before the Court was consideration of the
annual Grit Trap Pumping Contract. Marcia Mann Senior Buyer,
recommended acceptance of the bid submitted by A+ Septic
Service, Inc. On motion by Commissioner Wassermann, seconded
by Commissioner Peters, the Court voted unanimously to accept
Vol [ � Page Ala
Commissioners Court meeting October 23, 2007 7
the recommendation of the Senior Buyer and awarded the
contract to A+ Septic Service, Inc. A copy of the bid
tabulation is attached.
The Court next considered a request from the Purchasing
Department for approval ofrequisition #00016334 in the amount
of $183,498.00 to purchase a Hydraulic Excavator for the Road
& Bridge Department. On motion by Commissioner Wassermann,
seconded by Commissioner Peters, the Court voted unanimously
to approve the requisition.
The next matter before the Court was consideration of
requisition #00016404 in the amount of $104,925.62 to purchase
a Padfoot Roller for the Road & Bridge Department. On motion
by Commissioner Wassermann, seconded by Commissioner Peters,
the Court voted unanimously to approve the requisition.
The Court next considered a request from the Purchasing
Department to approve requisition #00016406 to Britt Rice
Construction in the amount of $8,980.00 to remodel the
Westside restrooms at the Brazos Center. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the requisition.
The Court next considered the request from The 7711
Corporation & Energy Transfer Company to construct 415 feet of
8 -inch steel gas line installations in the right -of -way of Old
Vol Ld I Page 133
Commissioners Court meeting October 23, 2007 8
Reliance Road. The site is located in Precinct 2. Included
with the request is Company Check No. 023125 in the amount of
$5,090.80 for the permit accompanying the request. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request from The 7711 Corporation &
Energy Transfer Company and authorized the installation. A
copy of the request is attached hereto.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of the Frank Sousares
Estate on Pleasant Hill Road in Precinct 4 to clear out brush
and low hanging tree limbs to create better site distance
around a curve. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to authorize
the work.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to remove agenda item #22
because it is a duplication of item #21.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
Vol (Q Page ( s i
Commissioners Court meeting October 23, 2007 q
general public. The Road and Bridge Department requested
permission to enter the private property of the Sally Merka
Estate in Precinct 4 to clear out brush and low hanging tree
limbs to create better site distance around a curve. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the work.
The next matter before the Court was consideration of a
payment authorization in the amount of $222.68 to Unifirst for
uniform rental for the Road & Bridge Department. Although the
old bid has expired, Unifirst has agreed to continue supplying
the product at the old bid price until the new bid process is
completed. On motion by the County Judge, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the payment authorization.
The Court next considered a payment authorization to Gray
Texas LP /KBTX -TV in the amount of $370.00 to be paid from FY
07 funds for air time advertisements of the Expo Complex. The
invoice was received after the purchase order was closed. On
motion by the County Judge, seconded by Commissioner Peters,
the Court voted unanimously to approve the payment
authorization.
The next matter before the Court was consideration of a
payment authorization from the District Clerk's Office
Vol I -D a Page [ 85
Commissioners Court meeting October 23, 2007 10
requesting a demand check for the Juror Payment Cash Fund in
the amount of $5,000.00. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, 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:
Sheriff Chris Kirk
a) There were 512 inmates over night. This is
up a little. There are 97 active in
electronic monitoring now. 34 have failed
and went back to do straight time. 46 are
awaiting approval of electronic monitoring.
Under Agency /Board /Committee reports by Court members,
the following spoke:
Commissioner Wassermann
a) On October 8, 2007 we had a blood drive for
the first time with Gulf Coast. The goal was
25 units and we collected 23. This is very
good. He thanked all those that gave blood
and thanked the Department Heads for allowing
employees to go and give.
There being no further business to come before the Court,
the meeting was adjourned.
Vol t Page CSC
The foregoing minutes of the Commissioners Court meeting held
October 23, 2007 have been examined and are approved in open
Court this the ( (+L- day of Mar'cl"� F 2008, in Bryan,
Brazos C ,yunty,_ Texas.
Randy SXns
Count Judge
LloydAVassermann
Commissioner, Precinct 1
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Duane Peters Kenny Ma and
Commissioner, Precinct 2 Commissioner, Precinct 3
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Carey Cauley, Jr.
Commissioner, Precinct 4
Attest:
Kar'n McQueen
County Clerk
Vol W L( Page ( 0
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BRAZOS COUNTY
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR
NO. 06/07-50.1 thru 06/07 -50.6
On this the 23`d 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 Abs c hL
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 23 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 23`d day of October 2007.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
M.
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
t.Q 190
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.1
10/23/2007
ACCOUNT NAME
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.2
10/23/2007
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.3
10/23/2007
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 31000200 60350000 CR Food & Food Supplements 200.00
0100 31000100 72540000 DR Physician Services 200.00
Juvenile Services:
To reallocate budget to cover the ph sician services costs.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.4
10/23/2007
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000200
60350000
CR
Food & Food Supplements
130.00
0100
31000100
72209000
DR
Court Appointed Interpreter
130.00
Juvenile Services:
To reallocate budget to cover the cost for court appointed interpreter.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.5
10/23/2007
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 06/07 - 50.6
10/23/2007
ACCOUNT NAME
1 11 '111 11 MW 1 111 Minor • r uter Hardware 11 11
1 11 X111 11 :1 1 111 �' Computer Hardware 11 11-
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Sere ice- now.com
II Service Management Or, Demand
Subscription License Agreement
Order Form
Customer
Name
Purchaser Contact
Brazos County Texas I Name
Anita Lee
Address
205 E. 27th Street Title
Admin Assistant
Suite
Phone
979 - 361 -4520
Subscription Fees 15 Users 6/1/2008 — 10/31/2008
Bryan Email
nnitnna co.brazoz.tx.us
-City
State / Province
TX Accounts Payable
Contact
/ Postal Code
77803 Name
Total Fees
-Zip
USA Title
User/
-Country
Website
Phone
Email
Month
Reference Contract Number I Subscription License A reement dated June 1, 2006
Subscription Service Anniversary Dates I
Start Date Term End Date
November 1, 2007 12 Months October 31, 2008
Description of Services
Service
Invoice Date
Amount
Subscription Fees 5 Users 11/1/2007 — 10/31/2008
November 1, 2007
$2,160
Subscription Fees 15 Users 6/1/2008 — 10/31/2008
November 1, 2007
$2,700
Subscription Services
Number of
Price /
Term
Annual
Total Fees
Process
User/
(Months)
Fees
Users
Month
Service- now.com Custom Edition
5
$36.00
12
$2,160
$2,160
• Incident Management
15
$36.00
5
$2,700
$2,700
• Configuration Management
• Service Level Agreement
• Service Catalog
• Asset Portfolio Management
• Asset Contract Management
• Employee Self Service
• Knowledge Base
• Reporting /OLAP
Grand Total
$4,860
Invoice Schedule
Service
Invoice Date
Amount
Subscription Fees 5 Users 11/1/2007 — 10/31/2008
November 1, 2007
$2,160
Subscription Fees 15 Users 6/1/2008 — 10/31/2008
November 1, 2007
$2,700
Grand Total
$4,860
Payment Terms
Net 30 days
Conditions
1. Terms and conditions of the original Subscription License Agreement dated June 1, 2006 shall prevail
2. Original Anniversary End Date is May 31, 2008. Per the customer's request, Brazos County would like add 5
more process users and extend the original agreement through October 31, 2008. This will bring the total
license count to 20 process users and have a new Anniversary End Date of October 31, 2008.
Signatures Next Page
Service- now.com, Inc.
120 S. Sierra Avenue
Solana Beach, CA 92075
(858) 720 -0477
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Subscription License Agreement
Order Form
Page 1
Business Day
4:00 AM — 7:00 PM Pacific Time
99.9%
Response Time
Monday - Frida
1 — System Outage
Non - Business Hours
7:01 PM — 3:59 Pacific Time
99.5%
2 — Moderate Degradation
of Service
Monday - Friday
Two Hours
Incident
All Day Saturday and Sunday
Non Business Day
Before 8:00 AM the
Following Business Da
All Day on Public Holidays
3 — Minor Degradation of
Service
Service Level Agreement: Service - now.com shall provide a response to the Customer for all open Incidents,
Enhancement Requests and inquiries in accordance with the following schedule:
Type
Impact
Time Period
Response Time
Incident
1 — System Outage
An
One Hour
Incident
2 — Moderate Degradation
of Service
Business Day
Two Hours
Incident
2 — Moderate Degradation
of Service
Non Business Day
Before 8:00 AM the
Following Business Da
Incident
3 — Minor Degradation of
Service
Any
Within one Business Day
Enhancement Request
N/A
An
Within three Business Days
Inquiries
N/A
An
Within three Business Days
A "Business Day" is defined as Monday through Friday 7:00 AM to 7:00 PM Pacific Time
1.2 The Service shall be generally available except for: (i) planned downtime (of which Service - now.com shall
give at least 48 hours notice and which Service - now.com shall schedule to the extent reasonably practicable during off
hours); or (ii) downtime caused by circumstances beyond Service- now.com's reasonable control, including acts of God,
acts of government, flood, fire, earthquakes, civil unrest, acts of terror, war, strikes or other labor problems, computer or
telecommunications failures or delays involving hardware or software not within Service - now.com's possession or
reasonable control, and network intrusions or denial of service attacks, but only to the extent unavailability results
notwithstanding the exercise by Service - now.com of reasonable care and due diligence to avoid or mitigate the same in
anticipation of or in response to such causes.
1.3 Use Limits. Customer shall use the Service solely for its internal business purposes as contemplated by
this Agreement and Customer and its Authorized Users shall not: (i) license, sublicense, sell, resell, rent, lease, transfer,
assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than
as contemplated by this Agreement; (ii) utilize the Service to violate the law or rights of any person or entity, including
sending spam or unlawful or tortious material; (iv) send or store software viruses, worms, Trojan horses or other harmful
computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Service or
the data contained therein; or (vi) attempt to gain unauthorized access to the Service or its related systems or networks.
2. Proprietary Rights.
2.1 License Grant. Subject to the terms and conditions of this Agreement, Service - now.com grants
Customer and its Authorized Users a worldwide, non - exclusive, non - transferable (except in connection with a permitted
assignment of this Agreement), non - sublicenseable right to access and use the Service in accordance with the terms of
this Agreement, solely in connection with the operation of the business of Customer and not for the purpose of providing
the Services to others.
2.2 Restrictions. Customer shall not (i) modify, copy or create derivative works based on the Service or
Service - now.com Technology; (ii) create Internet "links" to or reproduce any content forming part of the Service, other
than for its own internal business purposes; or (iii) disassemble, reverse engineer, or decompile the Service or part
thereof, or access it in order to copy any ideas, features, content, functions or graphics of the Service. Customer
o� a"
Seriice- nowxom
17 Service Management On Demand
SERVICE- NOW.COM
ON DEMAND SOFTWARE SUBSCRIPTION LICENSE AGREEMENT
Brazos County Texas
This On Demand Software Subscription Services Agreement ( "Agreement ") is entered into and effective as of
June 1, 2006 ( "Effective Date ") by and between Service- now.com, Inc., a California corporation, having its principal
place of business at 12680 High Bluff Drive, Suite 200, San Diego, CA 92130 ( "Service- now.com ") and Brazos County
Texas, having its principal place of business 202 E. 27th Street, Suite 102, Bryan, TX 77803( "Customer ").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Definitions.
"Authorized Users" means Customer's employees, consultants, contractors, customers or agents who are
authorized to use the Service for Customer's internal business purposes and have been supplied user identifications and
passwords by Customer (or by Service- now.com at Customer's request). Service- now.com provides for two types of
users; (i) the Process User is a named or fixed license granted broad access to the Service to support the normal course
of their responsibilities. Process Users rights include, but are not limited to, managing Incidents, Problems, Changes,
Releases and Configuration Items within the system, or general maintenance and administration of the system. Service -
now.com bases its pricing structure off of the number of Process Users requiring access to the Service. (ii) The End User
or Employee Self Service User is a user requiring limited access to the Service to submit Incidents and Requests to the IT
and Maintenance departments. Use of the Service by an Employee Self Service user is strictly limited to submitting
Incidents or Requests, viewing the status of their submitted Incidents, browsing Knowledge from the Knowledge Base,
using the Service Catalog and viewing published reports and News. There is no additional charge for the Employee Self
Service user.
"Customer Data" means all information submitted by Customer to the Service.
"Order Form" means the ordering documents representing the initial purchase of the Service as well as any
subsequent purchases agreed to between the parties in writing from time to time, that are executed hereunder and
deemed incorporated into the Subscription License Agreement Order Form from time to time and that specify, among
other things, the number of Subscriptions ordered, the Subscription Term and the applicable fees.
"Subscription" means the right for an Authorized User to access the Service, pursuant to the terms of this
Agreement.
"Subscription Term" shall mean the period of time commencing with the Effective Date of the Agreement and
ending on the anniversary thereof during the term of this Agreement, unless agreed otherwise in an Order Form.
Service. *Brazos County Texas is hosting all these applications on premise*
1.1 Provision of Service. Service- now.com shall make the Service available to Customer pursuant to the
terms and conditions set forth in this Agreement and any and all Order Forms executed hereunder from time to time.
During the term of this Agreement, the Service shall perform materially in accordance with the following schedule.
Time Period I Definition I Availability
Service- now.com, Inc.
On Demand Subscription Software License Agreement Page 1 of 7
Brazos Count(
Texas
Service - now.com, Inc.
Signature
Signature
Name
14L_
Name
Robert C. Luddy, Jr.
Title
D kEC 2 %
Title
Vice President, Sales
Date
/0 -5 ZQ�
Date
Service - now.com, Inc.
120 S. Sierra Avenue
Solana Beach, CA 92075
(858) 720 -0477
i 0 X00
Subscription License Agreement
Order Form
Page 2
acknowledges that except for the limited right to use the Service granted herein, no other right title or interest in the
intellectual property rights or technology of Service - now.com is granted and all such licenses and rights are hereby
expressly reserved.
2.3 Customer Data. As between Service - now.com and Customer, all Customer Data is owned exclusively
by Customer. Customer Data shall be considered Confidential Information subject to the terms of this Agreement.
Service - now.com may access Customer's Authorized User accounts, including Customer Data, solely to respond to
service or technical problems or at Customer's request and for the purposes of hosting such Customer Data in connection
with the provision of the Service to Customer and Customer's Authorized Users.
3. Fees & Payment.
3.1 Authorized User Fees. Customer shall pay all fees specified in all executed Order Forms hereunder.
Except as otherwise provided, all fees are quoted in United States dollars. Except as otherwise provided, fees are non-
refundable, and the number of Authorized User Subscriptions purchased cannot be decreased during the relevant
Subscription Term stated on the Order Form.
3.2 Invoicing & Payment. Fees for the Service will be invoiced in advance and otherwise in accordance with
the terms set forth in the relevant Order Form. Unless otherwise stated in the Order Form, charges are due net 30 days
from the invoice date. Unless otherwise stated in the Order Form, all payments made under this Agreement shall be in
United States dollars. Any payment not received from Customer by the due date may accrue (except with respect to
charges then under reasonable and good faith dispute), at Service - now.com's discretion, late charges at the rate of 1.0%
of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such
payment was due until the date payment is received by Service - now.com.
3.3 Suspension of Service. if Customer's account is thirty (30) days or more overdue in addition to any of
its other rights or remedies, Service - now.com reserves the right to suspend the Service provided to Customer, without
liability to Customer, until such amounts are paid in full.
4. Warranties & Disclaimers.
4.1 Warranties. Each party represents and warrants to the other that it has the legal power to enter into this
Agreement. Service - now.com further represents and warrants to Customer that it will provide the Service in a manner
consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform
substantially in accordance with the online Service - now.com help documentation under normal use and circumstances.
4.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE- NOW.COM MAKES NO
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SERVICE- NOW.COM
HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
5. Mutual Indemnification.
5.1 Indemnification by Service - now.com. Subject to this Agreement, Service - now.com shall defend and
indemnify Customer for any amounts paid by Customer for any final judgment or settlement approved by Service -
now.com incurred in connection with claims, demands, suits, or proceedings made or brought against Customer by a third
party alleging that the use of the Service as contemplated hereunder infringes the intellectual property rights of a third
party; provided, that Customer (a) promptly gives written notice of such claim to Service - now.com; (b) gives Service -
now.com sole control of the defense and settlement of the claim; and (c) provides to Service - now.com, at Service -
now.com's cost, all reasonable assistance.
5.2 Indemnification by Customer. Subject to this Agreement, Customer shall defend and indemnify
Service - now.com for any amounts paid by Service - now.com for any final judgment or settlement approved by Customer
incurred in connection with claims, demands, suits, or proceedings made or brought against Service - now.com by a third
party alleging that the Customer Data infringes the intellectual property rights of, or Customer's unauthorized use of the
Service has otherwise harmed, a third party; provided, that Service - now.com (a) promptly gives written notice of the Claim
to Customer; (b) gives Customer sole control of the defense and settlement of such claim; and (c) provides to Customer,
at Customer's cost, all reasonable assistance.
6. Limitation of Liability.
6.1 Limitation of Liability. EXCEPT FOR A PARTY'S LIABILITY UNDER SECTION 6, IN NO EVENT
SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS
ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER.
6.2 Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY'S LIABILITY UNDER
SECTION 7, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST
PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Term & Termination.
7.1 Term of Agreement. This Agreement commences on the Effective Date and continues until all
Authorized User Subscriptions granted in accordance with this Agreement have expired or been terminated unless the
Agreement is terminated earlier pursuant to Section 8 below. Authorized User Subscriptions commence on the start date
specified in the Subscription License Agreement Order Form and continue until the end date in the Subscription License
Agreement Order Form.
7.2 Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice
of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) if the other
party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership,
liquidation which is not dismissed within 60 days of its commencement or an assignment for the benefit of creditors.
7.3 Effect of Termination. Upon any terms ation for cause by Customer, Service - now.com shall refund
Customer any prepaid fees for the remainder of the Subscription Term after the date of termination. Termination shall not
relieve Customer of the obligation to pay any fees accrued or payable to Service - now.com prior to the effective date of
termination. Upon request by Customer made within 45 days of the effective date of termination, Service - now.com will
make available to Customer for download a file of Customer Data in a mutually agreed upon commercially standard
format. After such 45 -day period, Service - now.com shall have no obligation to maintain or provide any Customer Data
and shall thereafter, unless legally prohibited, delete all Customer Data in its systems or otherwise in its possession or
under its control.
7.4 Brazos County Clause. The Customer is a County, operating under the Constitution and laws of the
State of Texas. As such, the Customer's budget appropriation is limited to a term of one (1) year. The Customer will use
its best efforts to appropriate funds to continue this contract through its full contract term. If the Customer is unable to
appropriate funds to continue this contract, after making best efforts to do so, the contract will terminate at the end of the
appropriation period then funded.
8. General Provisions.
8.1 Governing Law. This Agreement shall be governed exclusively by, and construed exclusively in
accordance with, the laws of the State of California, without regard to its conflicts of laws provisions. The state and
federal courts located in California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to
this Agreement. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have
to challenge the appropriateness of such forums.
Brazos County Texas Service - now.com, Inc.
pate)
(Signature of u orize icer
Robert C. Luddy, Jr.
(Printed Name)
Vice President Sales and Marketin
ie
(Date)
(Oa .;� 03
BRAZOSCOUNTY
BRYAN,TEXAS
I i
I�
CONTRACT FOR CONSTRUCTION MANAGER SERVICES BETWEEN OWNER AND
CONSTRUCTION MANAGER
OWNER'S DESIGNATION OF ITS REPRESENTATIVES
This contract designation is applicable only to the contract entered into between Brazos County
( "Owner ") and Hunt Construction for construction manager services rendered for: (1) Brazos
County Exhibition Hall; Arenas, Stall Barns and (2) the Sheriffs Office Building, ( "Project ")
executed on October 31, 2005.
In accordance with 7.13. Owner's Representations and Responsibilities: Owner hereby designates
Pat Howard and /or Gary Arnold as its Representative(s) who shall be fully acquainted with the
Project and with the authority to approve the project budget, render decisions promptly and
furnish information expeditiously.
Executed this c,-) 3rCC day of October, 2007.
Brazos
C
Randy S}xfis, County Judge
Attest:
$ Y.
Karen McQueen, Co ty Clerk
Office of the County Judge • 300 East 26'" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503
IQ ao `�
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 23, 2007
Department Providing Information: Human Resources
Pumose: Consider and Take Action on Change Requests
Department Submitting Employee Name Action Requested
Request(s)
Brazos Center Gardner, Daniel New Hire
County Atty.
Bailey, Brenda
Salary Increase
Cooper, Billy W.
Salary Increase
Eplen, Rebecca D.
Salary Increase
Giles, Spencer
Salary Increase
Higginson. G. David
Salary Increase
Matzke, Wm. Flint
Salary Increase
Risinger, Brian
Salary Increase
C.L.E.A.R. Team
Lucas, James S.
Resignation
Exposition Complex
Oehlert, Dusty
New Hire
S.O. /Admin.
Williams, Leslie L.
New Hire
S.O. /Jail
Patranella, Frank
Transfer within Dept.
Retting, Ryan
Resignation
Tomas, Cynthia
New Hire
Approved in Commissioners' Court: October
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
L4� J�d5
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS
AND THE
RESEARCH VALLEY PARTNERSHIP, INC.
THIS AGREEMENT is made and entered into the 23 day of 6 r , 2007, by
and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the
State of Texas, (hereinafter referred to as "COUNTY "), and the RESEARCH VALLEY
PARTNERSHIP, INC., a Texas non - profit corporation (hereinafter referred to as "RVP ").
RECITALS:
WHEREAS, the Commissioners Court of the COUNTY desires to stimulate business and
commercial activity in the County by developing an economic incentive program; and
WHEREAS the COUNTY wishes to contract with RVP to provide or cause to be
provided, certain economic development services in furtherance of the COUNTY's statutory
goals pursuant to TEX. LOC. GOVT CODE ANN. §381.004, as amended, and to administer the
COUNTY's program for local economic development (herein the County's Economic
Development Program); and
WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax
base, provide more and better employment opportunities for its citizens and promote the general
public welfare; and
WHEREAS, it is important to the COUNTY to attract and expand business, commercial
and industrial enterprise in order to accomplish this purpose; and
WHEREAS, it is desirable, productive, and economical to work towards this goal
through an agency with specific expertise in this field; and
WHEREAS, the COUNTY desires to contract with the RVP for such business and
industrial development services; and
WHEREAS, the RVP is a countywide non - profit corporation whose purpose is to
accomplish all the above stated objectives; and
WHEREAS, the COUNTY has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter 262, Local
Government Code.
BrazosCountyFundingAgreement2008 -1.doc p �%� % % Page I of 8
NOW, THEREFORE, in consideration of the mutual understandings and agreements set
forth, the COUNTY and RVP agree as follows:
ARTICLE I
Qualifications of the RVP
1.1 The RVP represents that:
(a) The RVP is a non - profit entity that is authorized to promote economic
development in all or a portion of the County;
(b) The RVP is engaged in an on -going effort to attract new businesses to the County,
to encourage the expansion of existing businesses in the County, or to retain
existing businesses in the County;
(c) The RVP shall cooperate with and use the services of the Texas Department of
Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means those financial criteria used to
determine qualification for receiving Incentive Funds as set out in Exhibit "A" attached hereto
and made a part hereof for all purposes.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the COUNTY and any Employer /Business to
receive Incentive Funds.
2.3 "Program Projects" means individual uses of the Incentive Funds, or a portion
thereof, to provide incentives or assistance to Businesses/Employers which results in the public
purpose of economic development, diversification, expansion, and employment being served.
2.4 "Program Standards" means standards that an Employer /Business must meet in
order to qualify for Incentive Funds as set out in Article 6.2 hereof.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of October 1,
2007, and ending on September 30, 2008, (the "Present Term "), unless earlier terminated as
provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written notice
to the others.
BrazosCountyFundingAgreemenl2008- 1. doc I R � Page 2 of 8
3.3 Upon receipt of any termination, the COUNTY agrees to continue
authorizing funding for Program Projects which had been recommended by RVP and approved
by the COUNTY prior to such termination as a part of a Program Project Agreement initiated
under this Contract.
ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer the
COUNTY's Economic Development Program pursuant to the Program Standards set forth in the
COUNTY's Economic Development Program and set forth herein.
4.2 The administrative services to be provided include, but are not limited to:
(a) corresponding with and negotiating with potential or existing
Business /Employers for Program Projects that will develop, diversify
and/or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and/or serve the purpose of
eliminating unemployment in Brazos County.
(b) establishing Project Performance Standards for each Program Project that
are consistent with the Program Standards set out in the COUNTY's
Economic Development Program and herein;
(c) obtaining contracts with Businesses /Employers for Program Projects
whereby the Business /Employer agrees to meet the Project Performance
Standards, and which provide assurances that the Project Performance
Standards will be met; and
(d) compliance with all requirements of this Contract.
4.3 The RVP shall receive the sum of Two Hundred and forty -three Thousand Three
Hundred and 00 /100 Dollars ($243,300.00) as compensation for the administrative services to be
provided hereunder (herein the "Administration Funds "). COUNTY shall pay such sum on a
monthly basis by paying the RVP one - twelfth (1/12) of the total sum referenced above.
ARTICLE V
Incentive Funding
5.1 COUNTY has appropriated Three Hundred Thousand and No /100 Dollars
($300,000.00) for the purpose of capitalizing its Economic Development Program for the Present
Term of this Agreement (herein the "Incentive Funds "). Said monies have been budgeted for the
current fiscal year and are payable out of current revenues. Any monies not spent during the term
RVP Contract FY08.doc q 1 —81 Page 3 of 8
of this Contract shall remain part of the Incentive Funds appropriation and shall be available in
future contract years for use on Program Projects.
5.2 Payments of Incentive Funds shall be made to the qualifying Business /Employer
as Program Projects are approved by the Commissioners Court.
5.3 The COUNTY Incentive Funds provided for in this Agreement shall be used only
in accordance with the Program Standards and for Program Projects.
ARTICLE VI
Use of Incentive Funding
6.1 The Program administrated by the RVP hereunder consists of the use of the
Incentive Funds to develop and diversify the Brazos County economy, to eliminate
unemployment or under - employment, and to expand the local economy, pursuant to the Program
Standards and Guidelines set forth in the COUNTY Economic Development Program and in this
Contract.
6.2 Program Standards. The RVP shall not recommend to the COUNTY that a
Business /Employer receive Incentive Funds for a Program Project unless the Business/Employer
meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes, assessments
and/or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit discrimination in employment based on race, sex, age,
national origin, creed, religion, or disability (unless based on bona fide
occupational reason or a reason exempted or approved by the Americans With
Disabilities Act and the regulations promulgated thereunder);
(e) agrees by written contact to meet performance criteria established by the
COUNTY in accordance with these Program Standards (hereinafter "Project
Performance Standards ") as to the establishment, expansion, or improvement of
business operations in Brazos County, Texas and /or the employment of residents
of the COUNTY.
(f) complies with the current Economic Development Guidelines for financial
assistance;
BrazosCountyFundingAgreement2008- 1. doc G Page. 4 of 8
(g) if the proposed Program Project does not meet the specific job retention/creation
requirements set forth in (f) above, other positive effects on the local economy of
the proposed Program Project may be taken into consideration by the RVP in
determining whether to pursue funding of a Program Project. These include:
(i) the impact of the Program Project on economically disadvantaged
individuals. An Economically Disadvantaged Individual is an individual
who:
(1) was unemployed for at least three months before obtaining
employment with the qualified business;
(2) receives public assistance benefits, including welfare payments or
food stamps, based on need and intended to alleviate poverty;
(3) is an Economically Disadvantaged Individual, as defined by
Section 4(8), Job Training Partnership Act (29 U.S.C. Section
1503(8));
(4) is an individual with handicaps, as defined by 29 U.S.C. Section
706(8);
(5) is an inmate, as defined by Section 498.001 of the Government
Code;
(6) is entering the workplace after being confined in a facility operated
by the institutional division of the Texas Department of Criminal
Justice or under contract with the Texas Department of Criminal
Justice;
(7) has been released by the Texas Youth Commission and is on
parole, if state law provides for such a person to be on parole; or
(8) meets the current low income or moderate income limits developed
under Section 8, United States Housing Act of 1937 (42 U.S.C.
Section 14376, et seq.).
(ii) the need for the product/service provided by the Business /Employer in the
local area;
(iii) the estimated multiplier effect on the local economy of the Program
Project either due to the level of wages paid or the injection of outside
funds into the local economy (i.e., tourism, capital expenditures,
purchasing or materials from local businesses, etc.); and
(iv) the creation of part -time positions, and /or
BrazosCountyFundtngAgreement2008 -1.doc -� — Page 5 of 8
(v) capital expenditures which have a material and direct positive impact upon
the local economy by providing the following benefits:
1. increases in the local tax base;
2. creation of ancillary jobs and /or jobs for Economically
Disadvantaged Individuals;
3. attraction of other businesses;
4. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and /or redefining job skill level of locally
available work force.
If such considerations indicate that the benefit to the local economy meets or
exceeds that which would be gained by the Business /Employer employing and/or retaining the
number of employees required for the level of funding under subsection (e) above, the RVP may
consider such business as qualifying and therefore recommend such Business /Employer to the
COUNTY upon the approval of the Board of Directors by a 75% or more favorable vote (9 of
12).
(h) all contracts for Program Projects must be in a form approved by the COUNTY
and COUNTY's legal counsel. The contract must include, but is not limited to, provisions:
(i) containing the Program Project Performance Standards applicable to the
Business /Employer, and the Business /Employer's agreement to comply therewith in a set time -
frame;
(ii) requiring periodic documentation of the Business /Employer's compliance
with the Project Performance Standards, and giving the RVP and the COUNTY the right to
inspect its operations and books to confirm the Business /Employer's compliance with the
Program Project Performance Standards;
(iii) requiring the repayment within sixty (60) days of demand of the funds
appropriated to the Program Project by the COUNTY if the Business /Employer fails to meet the
Project Performance Standards or otherwise is in material breach of its contract with the
COUNTY, and giving the COUNTY the right to sue the Business /Employer to enforce the
contact between the COUNTY and the Business /Employer, and to recover all attorney's fees and
costs incurred in doing so;
(iv) requiring the Business /Employer to make draw requests for the funding
from the COUNTY, which requests must show in detail how the money and/or property will be
applied/used, or for what the reimbursement is sought, and which contain such documentation as
is required by the COUNTY; and
(v) requiring compliance with all applicable laws regarding the provision of
equal employment opportunities.
BrazosCountyFundingAgreemen [1008 -1.doc Page 6 of
ARTICLE VII
Board of Director Approval
7.1 No Program Project may be recommended to the COUNTY except upon a
favorable vote of the RVP Board of Directors in accordance with its current bylaws and
procedures.
7.2 Exceptions to Program Standards or the dollar limits in this section requires 75%
(9 of 12) approval of the RVP Board of Directors.
ARTICLE VIII
Accounting
8.1 Upon the request of the COUNTY, the RVP shall provide within 90 days after the
close of the RVP's fiscal year, an audited financial accounting or an internal audit financial
report of the RVP.
ARTICLE IX
Miscellaneous Terms
9.1 Notice. Notices or correspondence under this Agreement to either party
from the other may be personally delivered or sent by First Class Mail, or other reliable courier.
Notice to the County shall be sent to:
Randy Sims, County Judge
Brazos County Courthouse
300 E. 26th Street, #114
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1500 Research Parkway, Suite 270
College Station, Texas 77845
9.2 Severability. No partial invalidity of this Agreement shall affect the remainder
unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the
object of this Agreement.
9.3 Amendment. During the term of this Agreement, if certain areas need further
clarification or revision, the parties will work in good faith to arrive at written memorandums or
BraaosCountyFundingAgreement2008 -I.doc w 1 a Page 7 of 8
understandings regarding those areas. Any amendment of this Agreement must be in writing, and
executed by a duly authorized representative of each party.
9.4 Assignment. This Agreement cannot be assigned or performed by subcontractors
except with the written consent of both parties.
9.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a
joint venture or partnership and that neither party shall have the authority to bind or incur
liability to the other. Furthermore, the RVP shall not be an employee or agency of the COUNTY,
but rather, is an independent contractor.
9.6 Applicability of Texas Law. The laws of the State of Texas shall govern this
Agreement, except where clearly superseded by federal law.
9.7 Venue. The place of performance of this Contract is Bryan/College Station,
Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant
hereto shall be deemed to be payable and performable in Bryan/College Station, Brazos County,
Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be
fixed for all purposes in Bryan/College Station, Brazos County, Texas. Disputes under this
Agreement will not be submitted to arbitration.
9.8 Entire Agreement and Binding Authority. This Contract supersedes and
constitutes a merger of all prior oral and /or written agreements and understandings of the parties
on the subject matter of this Contract and is binding on the parties and their successors, agents
and assigns.
9.9 Waiver. No waiver by either party of any provision of this Contract shall be
effective unless in writing, and such waiver shall not be construed as or implied to be a
subsequent waiver of that provision or any other provision.
The signatories hereto have the authority and have been given any approvals necessary to
bind by this Contract the respective parties for which they sign.
BRAZOS COUNTY, TEXAS
In
County Judge
RESEARCH VALLEY PARTNERSHIP,
INC., a Texas non - profit corporation
By:
Harold Strong, Chairman of the Board
Bra- osCounp•Funding,4greenresLdoe I 0 ' a Page 8 of
August 20, 2007
Mr. Randy Sims
County Judge
300 East 26`h St., Suite 114
Bryan, TX 77803
Dear Judge Sims,
In accordance with the terms of the Memorandum of Agreement by and between Texas
A &M University and County of Brazos for the term ending September 30, 2007, the
agreement will be renewed for an additional term by the mutual written consent of both
TAMU and Brazos County.
The amount due TAMU by Brazos County will be Fifty Eight Thousand and no /100
Dollars ($58,000.00)
TEXAS A &M UNIVERSITY
Robert T. Bisor, III Date
Associate Vice President for Finance and
University Contracts Officer
COUNTY OF
Randy Sim , Couri y Judge Date
CERTIFIED AS TO AVAILABILITY OF FUNDS
Karen McQueen, Count), C! Date
INDIGENT HEALTH CARE CONTRACT
This Contract is Subject to Arbitration Under the
Texas General Arbitration Act
This Contract is entered into by and between BRAZOS COUNTY acting by and
through its duly elected Board (hereinafter "County ") and the BRAZOS VALLEY
COUNCIL OF GOVERNMENTS (hereinafter "BVCOG ").
The purpose of the Contract is to outline the responsibilities of each of the parties
in the operation of the Indigent Health Care and Treatment Act, created by
House Bill 1398 during the Special Session of the 76thTexas State Legislature.
The parties mutually agree as follows:
In compliance with the Indigent Health Care and Treatment Act and the Texas
Constitution, the County agrees to provide the financial resources for the
mandatory, Inpatient, Outpatient, Physician, Prescription, X -Ray, Laboratory,
Rural Health Clinic and Family Planning Services to Eligible household members
that meet the requirements of the Act, the Texas Department of Health (TDH)
Handbook, and the BVCOG.
RATES FOR REIMBURSEMENT
The County agrees to join other counties in the region and provide a pro -rata
share of funds for the Administration of the County Indigent Health Care (CIHC)
Program by BVCOG for the State Dept. of Health, Region 7. The amount payable
by BRAZOS COUNTY to BVCOG is $96,700.00 through September 30, 2008.
Payment will be made to the BVCOG, quarterly.
RESPONSIBILITIES OF BVCOG
For and in consideration of the funding provided by the County, the BVCOG will
be responsible for providing the following services pursuant to this Contract:
1. Providing all necessary application forms to potentially Eligible
Individuals.
2. Provide intake services in the County at least once a month.
3. Assist applicants in completing all necessary forms.
4. Determine the Eligibility of each applicant with regard to residency
and qualifications defined in the Act, including but not limited to
Sections 1.01 and 1.04. In this capacity the BVCOG shall also be
responsible for mailing all necessary forms and following all
procedures defined in the handbook with regard to notifications and
appeals on the issue of household eligibility.
10A
Page 2 — CIHC Contract
Brazos County
5. Maintain this Contract and assist the parties hereto in the operation
of the Program.
6. Maintain data files on Clients.
7. Provide information to all parties as needed.
8. Respond to all and any inquires regarding the Program.
9. Assist the County with information needed for Audit purposes.
10. Monitor the Program on a periodic basis to review overall Program
management and operation
11. Assist the County with all of its responsibilities under the Act and
the Constitution.
12. Perform all other duties and functions necessary to fulfill the
requirements as outlined in the Act and TDH Handbook.
13. Review the Eligibility of each household every six (6) months.
14. Prepare and distribute to the Provider no less than once every six
(6) months a computer list of Eligible Residents.
15. Determine Eligibility not later than the fourteenth (14) day after
receiving a completed application from an applicant including all
necessary documentation and verifications.
16. Receive all Bills submitted by the Provider for payment of Services
and review the same to verify that the Services and the patient
qualify in all respects.
17. Send all Bills for payment to the County for payment.
RESPONSIBILITIES FOR THE COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of mandated services.
2. Provide County funds for the Administration of the Program to the
BVCOG on a quarterly basis.
3. Develop a system for the payment of Indigent Health Care Services
bills or incorporate this billing into the County's established system
for paying like bills.
4. Provide an audit of the Program as required by State law.
5. Accept ultimate responsibility for payment of services, which may
be determined through an audit to have been an Ineligible expense.
6. Provide for and assist with the procurement of and payment for
legal services as necessary.
7. Provide for and assist with the procurement of and payment for
additional audit services.
Page 3 — CIHC Contract
Brazos County
TERM
This Contract shall continue in force and effect for a term of one (1) year
commencing on the First day of October 2007 and shall terminate on the Thirtieth
day of September 2008.
CONCELLATION
This Contract will be canceled automatically should the County become remiss in
their reimbursements to the BVCOG for administrative services. This Contract
may be canceled by either of the parties hereto upon Sixty (60) days written
notice as provided herein.
INDEMNTY
Any monetary loss suffered by the County from Ineligible Clients, mistake, fraud
or other conditions cannot be recovered from the BVCOG.
AMENDMENT
This Contract shall be automatically amended by the amendments made to the
Act by the State Legislature, in all other respects, this Contract may only be
amended by the written consent of all the parties hereto.
GOVERNING LAW
This Contract shall be executed in and shall be governed by the laws of the State
of Texas.
FURTHER ASSURANCES
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.
�Q c -7
Page 4 — CIHC Contract
Brazos County
SEVERABILITY
In the event that any of the provisions or portions of this Contract are held to be
unforceable or invalid by any court of competent jurisdiction, the validity and
enforceability of the remaining provisions or portions hereof shall not be affected
thereby.
ENTIRE CONTRACT
This Contract contains the entire understanding between the parties hereto
concerning the subject matter contained herein. There are no representations,
agreements, arrangements or understanding, oral or written, between or among
the parties hereto, relating to the subject matter of the Contract, which are not
fully expressed herein.
EFFECTIVE the 1 st day of October 2007.
By: DateAJ J 7
Judge Randy Sims
Brazos County
BRAZOS VALLEY COUNCIL OF GOVERNEMENTS
Date/ -/O -07
Tom Wilkins LL� , Jr.
, Esc ,0cutive Dir or, BVCOG
Proposed Budget /Contract for FY08
Between Brazos County and
MHMR Authority of Brazos Valley
The fund amount being requested of $90,000 will be used in the following programs:
PROGRAM
JUSTIFICATION
FUNDS
RE UESTED
Early Childhood
Local "Maintenance of Effort" which
$50,000
Intervention Program
are required local dollars to match
$1,689,811 in Federal and state ECI
dollars.
Rehabilitative Case
Part of the local match requirement
$24,000
Management (which
(8 % for FY 07).
includes psychiatric crisis
related services)
Administration/Authority
Most of our grants and state dollar
$16,000
allocations are for direct service only
and require local administrative
support dollars (8% for FY07) which
amounts to $367,957 to bring down
$4,599,465 in state general revenue for
FY 07. This is in addition to funds
required for match on Medicaid
revenues and other funding sources.
These local funds are from Brazos
County, other cities and counties, and
other grants /funding sources. We
currently receive $73,100 from other
cities and counties.
TOTAL REQUEST
$90,000
Salaries for our two top Officials:
Bill Kelly, Executive Director $ 85,000
Dr Robert Potts, Psychiatrist/Medical Director $1 62,573
Contact Person: Bill Kelly, (979) 361 -9839, bkelly @mhmrabv.org
Attached is our Directory of Services brochure which describes the services provided by
program.
Page 1 of 2
We agree to furnish any information requested by the County Auditor, including
documentation of the use of funds received by the County. The County's Auditor may
require the recipient to provide information necessary for the Auditor to properly account
for all funds expended or received by the entity.
This contract will commence September 1, 2007 and end August 31, 2008.
Respectfully Submitted,
. -If -o7
Bill Kelly v Date
MHMR Authority of Brazos Valley
Page 2 of 2
iorable Randy Sims Date
Judge, Brazos County
I::- a (C)
CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through its duly elected County Commissioners (hereinafter "County"), and the
BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Rape Crisis Center, Brazos Valley
(hereinafter "Provider"), located in Bryan, Texas.
RECITALS:
WHEREAS, the County has the objective of providing support services to the victims of
sexual assault; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing support services to
victims of sexual assault through funds provided by the County.
NOW THEREFORE, the parties above stated agree to the following terms and conditions
to provide such support services.
TERM
This contract shall continue in force and effect for a term of twelve (12) months
commencing on the 1st day of October, 2007, and terminating 30th day of September, 2008.
CANCELLATION
This contract may be canceled by any parties hereto upon sixty (60) days written notice
as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider will provide services to victims of sexual assault and their families. These
services will include: a 24 -hour hotline and 24 -hour escort service; one -to -one counseling; group
counseling; community awareness programs; Speaker's Bureau; training and supervision of
volunteers; training for law enforcement agency personnel, the medical community, clergy, staff
of the District Attorney's office and psychologists.
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be used to pay operational
expenses of the Provider, including rent, telephone expenses, and office supplies, as described in
Exhibit A — Budget, attached hereto and made a part hereof for all purposes.
�� o� qd
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider a maximum amount of money totaling
$_' � U. ' for the term of this Contract.
This sum shall be paid upon the following date and in the following amount:
October 15, 2007 $C��
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services pursuant to this Contract:
1. Maintaining this Contract;
2. Providing of the Provider's Services;
3. Maintaining data files on client's and the Services provided thereto;
4. Respond to all and any inquiries by the County regarding the Center and its Services;
5. Assist the County with information needed for audit purposes;
6. Provide the County with quarterly financial statements;
7. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith;
8. 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. Provide County funds for the payment of the consideration stated herein.
2. Conduct a review of the Provider's performance in providing the Services to be
provided hereunder in order to assess County's continued participation in the funding of
the Provider.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to those
individuals using its services and all financial records of the Center. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitation 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. Such records shall be retained for at least four (4) years from the date the
'service 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, 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 limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or 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 forth the provisions of this
nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another 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 services stated herein and for any damage to any
person resulting from any action or omission or negligence on the part of each party hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not
any employee or agent of the County and that each shall maintain at its own expense, adequate
liability insurance to insure against damages and liabilities which may arise due to the duties and
obligations contracted 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 services to which it relates has personal interest direct or
indirect, in this Contract.
Texas.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the laws of the State of
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 County Rape Crisis Center, Inc.
P.O. Box 3082
Bryan, Texas 77805
Confidential Physical Location: 3131 East 29th Street, Bldg C, Bryan, TX 77802
Brazos County
c/o Commissioners Court
Brazos County Courthouse
300 East 26th Street, Suite 114
Bryan, Texas 77803
FURTHER ASSURANCE
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 Agreement.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Agreement, are 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
This Agreement contains the entire understanding between the parties hereto concerning
the subject matter contained herein. There are no representations, agreements, arrangements,
4
or understanding, oral or written, between or among the parties hereto, relating to the subject
matter of the Agreements, which are not fully expressed herein.
ASSIGNABILITY
Provider shall have the right to assign this Contract and any of its rights hereunder to a
wholly owned subsidiary or to a corporation with which it may be merged without prior written
consent of the County; otherwise, this Contract is not assignable by the Provider without the prior
written consent of the County.
DATED this '.�)rcl- day of Ed i-r(' , 2007.
ATTEST:
AOZMAAA4V7,LO
Y KA WSKI, Executive Director
Bra:
By:
Brazos County Rape Crisis Center, Inc.
�L
By: '�2
BILL TURNER, President
ih� ��
7#77
AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TEXAS §
THIS AGREEMENT, made and entered into this day of October, 2007, by and
between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation
chartered by the State of Texas, acting by and through its duly authorized agent and officer,
hereinafter referred to as BVVM, and the County of Brazos, State of Texas acting by and
through its County Judge, duly authorized to act, hereinafter referred to as County.
WITNESSETH:
WHEREAS, Article 3, Section 52 -a of the Constitution, Section 381 of the Local
Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage
in economic development activities; and
WHEREAS, a primary focus of economic development inquires is the quality of arts
programs in a community; and
WHEREAS, BVVM provides a public art memorial for residents and non - residents of the
COUNTY to have a dignified place of recognition for the service and sacrifices made while in
the uniformed services of this great nation and also provides an educational venue to teach our
children about those sacrifices; and
WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education, and general
welfare of the citizens of the State of Texas require promotion and education about the
performing, dramatic, visual, and literary arts; and
WHEREAS, said Article permits COUNTY to provide funding for cultural education
facilities, and is to be liberally construed; and
WHEREAS, BVVM provides a places for education and outreach for the Brazos Valley
citizens, and
WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise
zones, and,
WHEREAS, BVVM through its programs has provided benefit to Brazos County, Texas
attracting over 250,000 visitors, and resulting in significant purchases of goods from Brazos
County merchants; and
WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides
for historic preservation; and
WHEREAS, other programs provided by COUNTY are directly benefited by BVVM and
its programs.
NOW, THEREFORE, COUNTY and BVVM hereby agree as follows:
I.
BVVM through its funding and support of a memorial for all veterans agrees to provide
the above enumerated services which it has provided and agrees to continue to engage in support
of veterans.
II.
COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees
to pay to BVVM a lump sum payment of TWENTY -FIVE THOUSAND DOLLARS ($25,000)
for the year beginning October 1, 2007 and ending September 30, 2008.
BVVM agrees to provide an account of how the $25,000 was distributed to meet the
above described services.
BVVM hereby agrees to hold COUNTY, its officers, agents, servants, and employees
harmless from any loss, damage, injury or claim arising from any negligent act during the course
of its operations.
WITNESS OUR HANDS this ),3 day of October, 2007
BRAZOS VALLEY ETERANS MEMORIAL, INC.
By:
Bnan Hilton, Secretary /CIO
By: '4014r :A Qom ----
eorg cCoy, Trdhsurer
BRAZOS
Randy Sim5County Judge
CERTIFIE6 AS TO AVAILABILITY OF FUNDS:
By:
A Auditor
-t j ( �
Contractual Agreement
Brazos County Soil & Water Conservation District
And
Brazos County Commissioners Court
Brazos County Soil and Water Conservation District #450, hereinafter called the District,
and Brazos County Commissioners Court, hereinafter called the County, does hereby
enter into a contractual agreement for the District to provide soil and water conservation
services to the residents of Brazos County and to the County proper. The Brazos County
SWCD as the recipient shall furnish to the County's Auditor, at a minimum,
documentation indicating the use of funds received from the county. The County's
Auditor may require the recipient to provide information necessary for the Auditor to
properly account for all funds expended or received by the entity.
Those services will include, but not be limited to, erosion control, water management, and
rural development. This will be carried out by planning and application through informal
agreements with land users, or, as required by Federal or State law. An information and
recognition program will be used to inform the public. Technical assistance is utilized
through a Memo of Understanding between the District and the USDA - Natural
Resources Conservation Service.
Erosion control will keep the land productive for its various uses for many generations.
Sediment resulting from erosion clogs our local streams reducing water carrying capacity
and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore,
reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into
our local streams and rivers. Conservation practices consist of erosion control structures,
erosion control ponds, gully shaping, diversions, vegetating old fields, proper management
of grazing resources.
Water management includes recommendations for proper irrigation, flood control, and
water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves
that resource for tomorrow's uses including domestic consumption. Proper irrigation
helps to keep agriculture pollutants from entering underground water supplies.
Conservation practices include total evaluation of irrigation systems and application
procedures, precision land leveling, and underground pipelines. Water management
includes floodplain management.
The District's role in Rural Development in Brazos County is in providing fire protection
utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal,
as well as provide a reliable source of water to fight rural fires. Farm ponds provide the
water and we plan the dry hydrant system The District is evaluating the use of artificial
wetlands to replace septic tank filter fields. The prospects are very promising, but, much
work remains to be done before this technology can be implemented. Water quality in
rural Brazos County will be greatly enhanced if this method can be used.
Job fag
The District and the County have interacted ever since the inception of the District in
1942. Many conservation problems affect not only the individual landowner but the
County itself.
The District contracts to the Brazos County to provide the above services for 2008 FY for
$5,500.00.
(DATE)
Preston -J. Riffino III
Chairman
Brazos County S WCD #450
-�, �_ C��)
BRAZOS COUNTY
BRAZOS VALLEY FOOD BANK, INC.
PARTNERSHIP AGREEMENT
THE STATE OF TEXAS )(
)( KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZOS
)(
This agreement, entered into this day of ICY' 2007, by and between Brazos
County, hereinafter called the "County ", and the Brazos Valley Food Bank, Inc., hereinafter
called the "Food Bank ".
NOW, THEREFORE, in consideration of promises, covenants, terms and conditions herein
contained, the parties hereto mutually agree:
TERMS OF AGREEMENT: The term of this agreement shall be for a period of approximately
one year beginning on the date of the execution of this agreement and terminating on
September 30, 2008 at which time the agreement will be renewed, subject to satisfactory
operation under this agreement and mutual agreement of both parties. The County will provide
funding of $ 0 to the Food Bank to the benefit of the moderate and low- income
citizens of our c mmunity.
PURPOSE: The purpose of the County shall be ensure that all children, individuals, families
and seniors, especially those who are moderate to low- income, are food secure, meaning that
people have access at all times to enough food for an active, healthy and productive life.
INTRODUCTION: The Food Bank acquires food for distribution through other nonprofit
agencies to moderate and low- income persons who are food insecure and at risk of hunger and
malnutrition.
THEREFORE: Both the County and the Food Bank enter into this cooperative agreement to
maximize the effectiveness of their common goal and show good stewardship of citizen's dollars
and donations.
INFORMATION FURNISHED BY RECIPIENT: Recipient 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 recipient to provide information necessary for the Auditor to properly
account for all funds expended or received by the entity.
BRAZOS NT B OS ALLEY 00 ANK, INC.
By By
utive Director
Title Title
I D /13 /07 G/;_ 0/ e 7
Date Date
i0A A 3- 1
Contract for Services as Guardian ad litem for Brazos County 2 ( i )
Contract for Fiscal Year: 2008 Contract Number: BC0004 Effective Date: �P�age�1�
Se tember 1, 2007
Issued By: Brazos County Contractor: Voices for Children, Inc.
300East 24`h Street, Suite 114 CASA of Brazos Valley
Bryan, T 77803 115 North Main
I ,fJl, Rrvan. Texas 77803
Description of Services to be provided: Court appointed Guardian as litem for children in the custody of the
Department of Family and Protective Services as outlined in the Texas Family Code, Section 107.002.
Duties will include:
• Conduct an investigation to determine the best interests of the child;
• Obtain and review copies of the child's relevant medical, psychological and school records;
• Interview:
The child,
Each person who has significant knowledge of the child's history and condition,
The parties to the suit;
• Encourage settlement and participate in the use of alternative forms of dispute resolution;
• Perform any specific task directed by the court (such as home assessments);
• Participate in case staffings by an authorized agency concerning the child;
Reimbursement for services provided:
Voices For Children, Inc. will be reimbursed by the county at a rate of $20 an hour for the services of court
appointed Guardian ad litem. A Motion for Guardian ad litem Fees /Approval will be submitted to the County
auditor along with an itemized statement of activity.
Recipient shall furnish to the County Auditor any documentation requested indicating the use of funds received
from the county. The County's Auditor may require the recipient to provide information necessary for the
Auditor to properly account for all funds expended or received by the entity.
Name and Title of Authorized Representative: Brazos County Date Signed
(Please type or print)
Randy Sims
County Judge
Signature Authorized Representative
Name and Title of Authorized Representative: Voices for Children, Inc. Date Signed
(Please type or print)
Deedra H. Baker
Executive Director
Signature of Authorized Representative
CONTRACT
Be it known, that on this 1 st day of October 2007, Brazos County Commissioners Court and
Big Brothers Big Sisters of Brazos Valley, an agency of Big Brothers Big Sisters of Central
Texas, 315 Tauber, College Station, Texas (hereinafter referred "BBBSBV ") do hereby enter
into contract under the following terms and conditions.
Scope of Services
BBBSBV hereby agrees to furnish the following services:
1. Immediately, upon acceptance of this contract, document persons involved in our
continuing recruitment and screening of adult mentors, utilizing approved Standards of
Practice of Big Brothers Big Sisters of America.
2. Provide, with funds received under this contract, one -to -one mentoring to a minimum of
10 at -risk youth residing in Brazos County. BBBSBV expects to provide services to a
minimum of 300 Brazos Valley youth by December 2007.
3. Monitor each "match" in compliance with BBBSA policies and Standards of Practice.
4. Provide quarterly reports of ongoing matches and quarterly reports of activities.
5. Prepare a year -end report of program that includes evidence of the impact of program on
youth participating in program.
Payment Terms
In consideration of the services described above, Brazos County Commissions Court hereby
agrees to pay the Contractor a maximum fee of $10,000.00.
Taxes
BBBSBV is a not - for - profit 501 -c -3 agency operating as an agency of BBBS of Central Texas.
BBBSBV hereby agrees that the responsibility for payment of taxes from the funds thus received
under this Contract and/or legislative appropriation (if applicable) shall be contractor's obligation
and identified under Federal tax identification number 74- 1678586.
Term of Contract
This contract shall begin at time of signing and shall terminate on September 30, 2008.
THUS DONE AND SIGNED AT
IN WITNESS OF e parties have executed this Agreement as of this day of
WITNESSES, G AT' $ -:
By: Kenny Taylor
le: CEO, BBBS of Central Texas
CONTRACTOR SIGNATURE:
By:
10- 3
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
THIS INTERLOCAL AGREEMENT y SOUTH BRAZOSt COUNTY FIRE
2007, by and between the
DEPARTMENT ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting
by and through its duly authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire
department to provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it more cost effective to contract with a volunteer fire
department than to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
Department shall provide Fire Protection Services to any person who requests it within
the confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part
hereof for all purposes; provided however, if assistance is requested by other volunteer
fire departments for Precinct 2, 3, and 4 it shall provide services
obtained Brazos
at the Bra
possible. A more detailed map of the various Fire Districts c an ry
County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802,
and the parties agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance
with Subchapter D of Chapter 419, Government Code.
PAYMENTS
4. County shall pay Department the sum of Twenty -nine Thousand and no /100 Dollars
($29,000.00) upon execution of this contract.
Page I of 4
5. The County shall make all payments to Department for these services from current
revenues.
TERM AND TERMINATION
6. This Agreement shall be for a term of one (1) year commencing on October 1, 2007, and
terminating at midnight on September 30, 2008; provided however, this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either parry as set forth below. Such Annual
Renewal Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate
this Agreement, without cause, upon thirty (30) days written notice of such termination.
Should the Agreement be terminated, the rights and obligations of the Parties hereunder
shall terminate, except that the rights and obligations of the Parties that have accrued
under this Agreement prior to the date of termination shall survive. In the event of a
termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and
refunded within thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All notices shall
be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to
the following parties:
Department: South Brazos County Fire Department
P. O. Box 501
Millican, TX 77866
Attn: Emily Staples, Fire Chief
County: Brazos County
300 E. 26`b Street, Suite 114
Bryan, Texas 77803
Attn: Randy Sims, County Judge
DEFENSE OF CLAIMS
8. If any party to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental function, and pursuant to Local Government Code
§352.004, the Department and its personnel are considered agents of the County.
I(A ;' Page 2 of 4
9. The County does not waive or relinquish any immunities or defense it has under law, on
behalf of itself, its officers, employees or agents as a result of its execution of this
Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties
shall use their best efforts to replace the respective provisions or provisions of this
Agreement with legal terms and conditions approximating the original intent of the
Parties.
11. This Agreement is the entire agreement between the Department and the County relating
to the provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties.
14. This Agreement has been made under and shall be governed by the laws of the State of
Texas. This Agreement and all matters related thereto shall be performed in Brazos
County, Texas. The venue of any lawsuits arising out of this Agreement shall be in
Brazos County, Texas.
15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not
constitute a waiver of that provision, nor in any way affect the validity of this Agreement
or the right of any party thereafter to enforce each and every provision hereof. No term
of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the Party(ies) claimed to have waived. Furthermore, any
consent to or waiver of a breach will not constitute consent to or waiver of or excuse of
any other, different or subsequent breach.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
17. Recipient 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
recipient to provide information necessary for the Auditor to properly account for all
funds expended or received by the entity.
Page 3of4
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed.
South Brazos County Fire Department
By:
Emily St s, Fire CAef
Date: 64k?
Brazos
County Judge
Date:,
ATTEST:
County Clerk
/ 0 gr 23-7 Page 4 of 4
T'
IN'ITERLOCAL AGREEMENT
+'NI'
FIRE PROTECTION SERVICE
THIS TNTERLOCAL AGREEMENT is hereby made and entered into this a3 day of
—Lck , 2007, by and between the DISTRICT 2 VFD, INC., BRA.ZOS COUNTY
( "Department ") and B AZOS COUNTY, TEXAS, ( "County"), each, acting by and through its
duly authorized agents;
WHEREAS, the County is authorized to contract with an incorporated volunteer tare
department to provide fire protection pursuant to Local Governracnt Code $352.001; and
'WHEREAS, the County believes it more cost effective to contract with a volunteer tyre
department than to purchase equipment and operate a County .fire dgpmjmcnt; and
WHEREAS, the Departmcnt has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County,
NOW, THEREFORE, the parties, in. consideration of the mutual Covenants and
conditions contained herein, agree as follows:
SCOPE
1. Department shall provide fire Protection Services to any person who requests it within
the confines of District 2, as described on Exhibit "A" attached hereto and made a. part
hereof for all purposes; provided however, if assistance is requested by other volunteer
fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if
possible. A more detailed map of the various Fire Districts can be obtained at the Brazos
County Appraisal District at 1.673 Briarcrest Drive, Suite A,101, Bryan, 'Texas 77802,
and the parties agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
2. All requests fvr services under this Agreement shall be through the 9 -1 -1 .Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance
with Subchapter D of Chapter 419, Government Code.
PAYMENTS
4. County shall pay Departq=t the sutra of Twenty -nine Thousand. and no /100 Dollars
(9129,000.00) upon execution of this contract.
Page 1 r4r4
i
5. The County shall make all payments to Department for these g ;-•ricer from current
revenues.
TERM AND TERMINATION
6. This Agreement shall be for a term of one (1) y cornmencing on October 1, 2007, and
terminating at tnidnight on September 30, 20 provided however. this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either party as set forth below. Such Annual
Renewal. Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof Either party to this Agreement shall have the right to terminate
this Agreement, without cause, upon thirty (30) days written notice of such termination.
Should the Agreement be terminated, the rights and obligations of the Parties hereunder
shall terminate, except that the rights and obligations of the Parties that have accrued
under this Agreement prior to the date of termination shall survive. in the event of a
termination, the fee payable pursuant hereto shall be aatiusted on a pro -rata basis and
refunded within thirty (30) days of such tennination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All notices shall
be deemed given on the date personally delivered, .faxed, or deposited in the U. S. Mail to
the following parties;
Department: District 2 VFD, Inc., Brazos County
P.O. Box 32
Kurten, Texas 77862
Attention: Chief Merric Noak
County: Brazos County
300 E. 26" Street, Suite 114
Bryan, Texas 77603
Attu: Randy Sims, County Judge
DEFENSE OF CLAIMS
If any party to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental t motion, and pursuant to Local Government Code
§352.004, the Department and its personnel are considered agents of the County.
LQ _o237
Page 2 of 0
r
9.. The County does not waive or relinquish any immunities or dt;;� .se it has under taw, on
behalf of itself, its officers, employees or agents as a result of its exccution of this
Agreement and the perfotmance of the covenants herein.
MXSCELLANEOIUS PROVISIONS
10. if any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties
shall use their best efforts to replace the respective provisions or provision, of this
Agreement with legal terms and conditions approximating the original intent of the
:Parties.
!L . This Agreement is the entire agreement between the Department and the County relating
to the provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties.
14. This Agreement has been made under and shall be governed by the laws of the State of
Texas. This Agreement and all matters related thereto shall be performed in Bravos
County, Texas. The venue of any lawsuits arising out of this Agreement shall be in
Brazos Courrty, Texas.
15. Fa.ilure of any Party at any tune, to enforce a provision of this Agreement, shall not
constitute a waiver of that provision, nor in any way affect the validity of this Agreement
or the right of any party thereafter to enforce each and every provision hereof. No term
of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the Party(ies) claimed to have waived. Furthermore, any
consent to or waiver of a breach will not constitute consent to or waiver of or excuse of
any other, different or subsequent breach.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterpart& each of which shall be deemed an original for all purposes.
17. Rccipient 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
recipient to provide information necessary for the Auditor to properly account tier all
funds expended or received by the entity.
Page 3 qj 4
I I � -t PA ^ q-- �-1)
This Agreement shall be effective wljen signed by the last party whose signing makes the
Agreement fully executed.
District 2 VF.D, Inc., Brazos County Brazos oun Te
By
Merri No k Fire Chief
Ran Sims, County Judge
Date: �f 22-7
Date: M
ATTEST:
L_
By.
unty Clerk
ftv 4 qf-4
271I
I— I (M)
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
THIS INTERLOCAL AGREEMENT is hereby made and entered into this day
of ( ,�Xr , 2007, by and between the BRAZOS COUNTY PRECINCT THREE
VOLUNTEER FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY,
TEXAS, ( "County "), each acting by and through its duly authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire
department to provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it is more cost effective to contract with a volunteer fire
department than to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
1. Department shall provide Fire Protection Services to any person who requests it
within the confines of Precinct 3, as described on Exhibit "A" attached hereto and
made a part hereof for all purposes; provided however, if assistance is requested by
other fire departments for Precinct 1, 2, and 4 it shall provide services in these areas,
if possible. A more detailed map of the various Fire Districts can be obtained at the
Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas
77802, and the parties agree to use the records maintained by that office if a question
about the boundaries of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in
compliance with Subchapter D of Chapter 419, Government Code.
PAYMENTS
4. County shall pay Department the sum of Twenty -nine Thousand and no /100 Dollars
($29,000.00) upon execution of this contract.
5. The County shall make all payments to Department for these services from current
revenues.
Interlocal Agreement — Precinct 3 V �'� Page 1 of 4
TERM AND TERMINATION
6. This Agreement term shall be from October 1, 2007, and terminate at midnight on
September 30, 2008. Either party to this Agreement shall have the right to terminate
this Agreement, without cause, up on thirty (30) days written notice of such
termination. Should the Agreement be terminated, the rights and obligations of the
Parties hereunder shall terminate, except that the rights and obligations of the Parties
that have accrued under this Agreement prior to the date of termination shall survive.
In the event of a termination, the fee payable pursuant hereto shall be adjusted on a
pro -rata basis and refunded within thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All notices
shall be deemed given on the date personally delivered, faxed, or deposited in the
U.S. Mail to the following parties:
Department: Brazos County Precinct Three Volunteer Fire Department, Inc.
P.O. Box 5453
Bryan, TX 77805 -5453
Attn: Gerald Burnett, Fire Chief OR Greg Cross, President
County: Brazos County
300 E. 26th Street, Suite 114
Bryan, TX 77803
Attn: Randy Sims, County Judge
DEFENSE OF CLAIMS
If any party to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental function, and pursuant to Local Government
Code §352.004, the Department and its personnel are considered agents of the
County.
9. The County does not waive or relinquish any immunities or defense it has under law,
on behalf of itself, its officers, employees, or agents as a result of its execution of this
Agreement and the performance of the covenants herein.
Interlocal Agreement — Precinct 3 1 t� Page 2 of 4
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable
by a court or other tribunal of competent jurisdiction, the validity and enforceability
of the remaining provisions shall not in any way be affected or impaired thereby. The
parties shall use their best efforts to replace the respective provisions or provisions of
this Agreement with legal terms and conditions approximating the original intent of
the Parties.
11. This Agreement is the entire agreement between the Department and the County
relating to the provision of fire protection services and supersedes any and all prior
agreements, arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties
14. This Agreement has been made under and shall be governed by the laws of the State
of Texas. This agreement and all matters related thereto shall be performed in Brazos
County, Texas.
15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not
constitute a waiver of that provision, nor in any way affect the validity of this
Agreement or the right of any party thereafter to enforce each and every provision
hereof. No term of this Agreement shall be deemed waived or breach excused unless
the waiver shall be in writing and signed by the Party(ies) claimed to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or
waiver of or excuse of any other, different or subsequent breach.
16. It is understood and agreed that this Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
INFORMATION FURNISHED BY RECIPIENT
17. Recipient shall furnish to the County Auditor, at a minimum, documentation
indicating the use of funds received from the county. The County Auditor may
require the recipient to provide information necessary for the Auditor to properly
account for all funds expended or received by the entity.
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed.
Interlocal Agreement — Precinct 3 ,) Page 3 of 4
16-3 � � A�
Brazos County Precinct Three
Volunteer Fire Department, Inc.
By :Z
Greg Cros , resident
Date: 3 f
Interlocal Agreement — Precinct 3
, Texas
ounty Judge
Date:
ATTEST:
aren McQueen, County Clerk
Page 4 of 4
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
THIS INTERLOCAL AGREEMENT is hereby made and entered into this 0_3r�'kday of
2007, by and between the BRAZOS COUNTY PRECINCT 4
VOLUNTEER FIRE DEPARTMENT ( "Department ") and BRAZOS COUNTY, TEXAS,
( "County "), each acting by and through its duly authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire
department to provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it more cost effective to contract with a volunteer fire
department than to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
Department shall provide Fire Protection Services to any person who requests it within
the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part
hereof for all purposes; provided however, if assistance is requested by other volunteer
fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if
possible. A more detailed map of the various Fire Districts can be obtained at the Brazos
County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802,
and the parties agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance
with Subchapter D of Chapter 419, Government Code.
PAYMENTS
4. County shall pay Department the sum of Twenty -nine Thousand and no /100 Dollars
($29,000.00) upon execution of this contract.
til- Page 1 of 4
5. The County shall make all payments to Department for these services from current
revenues.
TERM AND TERMINATION 24
6. This Agreement shall be for a term of one (1) year ommencing on October 1, 2007, and
terminating at midnight on September 30, 200 provided however, this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either parry as set forth below. Such Annual
Renewal Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate
this Agreement, without cause, upon thirty (30) days written notice of such termination.
Should the Agreement be terminated, the rights and obligations of the Parties hereunder
shall terminate, except that the rights and obligations of the Parties that have accrued
under this Agreement prior to the date of termination shall survive. In the event of a
termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and
refunded within thirty (30) days of such termination.
NOTICES
7. All notices issued between parties to this Agreement shall be in writing. All notices shall
be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to
the following parties:
Department: Brazos County Precinct 4 Volunteer Fire Department
P.O. Box 4186
Bryan, Texas 77805
Attention: Chief Joe Ondrasek
County: Brazos County
300 E. 26th Street, Suite 114
Bryan, Texas 77803
Attn: Randy Sims, County Judge
DEFENSE OF CLAIMS
8. If any party to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental function, and pursuant to Local Government Code
§352.004, the Department and its personnel are considered agents of the County.
6.
4 7 Page 2 of 4
9. The County does not waive or relinquish any immunities or defense it has under law, on
behalf of itself, its officers, employees or agents as a result of its execution of this
Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties
shall use their best efforts to replace the respective provisions or provisions of this
Agreement with legal terms and conditions approximating the original intent of the
Parties.
11. This Agreement is the entire agreement between the Department and the County relating
to the provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties.
14. This Agreement has been made under and shall be governed by the laws of the State of
Texas. This Agreement and all matters related thereto shall be performed in Brazos
County, Texas. The venue of any lawsuits arising out of this Agreement shall be in
Brazos County, Texas.
15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not
constitute a waiver of that provision, nor in any way affect the validity of this Agreement
or the right of any party thereafter to enforce each and every provision hereof. No term
of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the Party(ies) claimed to have waived. Furthermore, any
consent to or waiver of a breach will not constitute consent to or waiver of or excuse of
any other, different or subsequent breach.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
17. Recipient 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
recipient to provide information necessary for the Auditor to properly account for all
funds expended or received by the entity.
Page 3 of 4
6
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed.
Brazos County Precinct 4 Volunteer Fire Department
By:
Zoe drasek, Fire Chief
Date: & 4(/0 7
ATTEST:
Brazos "untqj T
ims, County Judge
Date: P1 �c�7
By:
County Clerk
Page 4 of 4
'y
The State of Texas, County of BRAZOS
�y
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this�a' day of A.D. 2007
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this day of
( x - 20% /
Randy Sim ounty Judge
Lloyd W sermann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
n4-
Kenny Mallard, Commissioner Precinct #3
aLNnt
Carey Cauley, Commissioner Precinct #4
Treasurer's Report for the MONTH of AUGUST 2007
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FYI ...08/31/2007
INVESTMENT TYPE COST BOOK VALUE
TEXPOOL $ 2,236,188.37 $ 2,236,188.37
08/31/2007 Depository Investable Balance $54,467,716.72
INTEREST:
YTD Investment Interest Earned
August TexPool Interest (5.2473 %)
Total Investment Interest
YTD Checking Account Interest Earned
August Checking Account Interest Earned (5.1700% ECR)
Total Checking Account Interest
$
201,223.41
$
9,921.58
$
211,144.99
$ 2,549,141.44
$ 239,165.50
$ 2,788,306.94
Total of all Interest Earned as of August 2007 $ 2,999,451.93
TexPool's monthly average yield was Obtained from the TexPool September 2007 Newsletter
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this )-vc� day of A.D. 2007
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this Q-'f� day of
LX'Stc r z
Randy Sim ", Judge
Lloyd W sermann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
Kenny Mallard, Commissioner Precinct #3
Carey Cauley, Commissioner Precinct #4
Treasurer's Report for the MONTH of AUGUST 2007
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BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: October 23, 2007
ITEM: Request from The 7711 Corporation & Energy Transfer Company to construct 415 feet of
8-inch steel gas line installations in the right of way of Old Reliance Road. Company Check No.
023125 in the amount of $5,090.80 for the permit accompanies this request. Site is located in
Precinct 2 (Deposit to Account No. 01- 460650.)
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line
and/or 2) in the case of a road bore, perpendicular to the right -of -way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way.
4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall
be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished
to the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMI BY:
Richard F. Vance, P.E.
County Engineer
CC07 -095
This Request is
Date:
A RO Di -BY: _- - ---
Commissioner E. Duane Peters
Precinct 2
roved / Denied ❑ by Commissioners' Court
County Judge
THE 7711 CORPORATION
P.O. BOX BJ
COLLEGE STATION, TEXAS 77841
(979) 779 -0777
PAY ** *5090 *Dollars *And *80 *Cents * **
TO THE 97165
ORDER BRAZOS COUNTY
OF
P. 0. BOX 111
BRYAN, TX 77806 -0111
FIRST NATIONAL BANK OF BRYAN
P.O. BOX 833
BRYAN, TX 77805
88 -230
1131
10/11/2007
11'02312511' 1:L1 3 10 2 30 31: II' 32525330Lill
THE 7711 CORPORATION 0 6-A ILA
DATE: 10/11/2007 TOTAL: $5,090.80
DISCOUNT BACKUP W/H TAX W/H
0.00 0.00 0.00
023.25
023125
$ * ** *5,090.80 j
AFTER 180 DAYS
Signature
VENDOR: 97165 BRAZOS COUNTY
INVOICE AMOUNT PAID
JESSY -ROW 5,090.80
4 01� a��
GREATLAND CORPORATION • TO ORDER CALL: 800 - 968 -5611
F,
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT- OF-MAY
TO THE COMMI BSRAZaS COUNTY, TEXAS
COUNTY COURTHOUSE
BRYAN. TEXAS 77803
FROM: REF:
711 & Crossing _
mr' 7 antler Parallel Installation
F NFRC�v IRAN' ODD+II?ANY Road: OLD RELIANTOAD
_-- - -- - - Precinct Nt1m r. 2
proposes to
wen that (applicant) 7711 %e
Fomtal notice is hereby g
place a (type) t s L' pipeline wiihln the fght-ofalM of (road)
Old Re ian�_ in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
1 understand and agree:
1. The Cwnty Engineer must be nooed prior to the beginner of 04Dn in order that a
designated inspector pray h� go actual installation.
2. 'that all damage to the roadways and rights -d-way will be repaired to their original condition
to the satisfadion of the County Engineer -
3. That Brazos County reserves the right to require Applicant to rebcate or lower any such line
at no ost to Brazos CouDty• should sarne become necessary due to widening or lowering, or
other atlas M of the roadway or d0*d-Ws1r.
will in no way be responsible for any dammge r May � to any
4. That Brazos County ft �
existing ttGnfll win be
5. That one County aGt wtwas adopted by TexasD t of T rtan on May
29.1989.
8. That the Oft or fetes win be construoied no less than forty- eigt►t Indws (4B') lower than the lowest part
of the df*Wop or bar 6" and the drainage is to be considered at least two feet (2') below the center
of the roadway-
7. That all roads shall be bored in swordance with the Utility A=w; nodason Policy of the Texas
peparl rent of Transportation dated 1989•
a. That all sites wol be barricaded during the constnrcoan period.
9. That the normal charge is $500.00 per crossing and/or $130Loo per rod when paralleling the roadway
astab6siled -by the Coininissioners Court on Decernber 21, 2004.'
sod D4W -TOM Met NO- - test 10_ Ditch one shall be compacted 10 90% standard den : STM an results be fumed to
conducted by an independent gsotechnical testing
the ofoce of the Brs= County Engineer.
11. Construction shall be In strict conformance 10 the latest
shed by the Texas oepwirnert
t d 7raTransportation, n. and all o0ter
r publi
Stale and Federal laws governing ut b construction.
October.
of . 2007
Construction of this line will begin on or after the 15 da y
APPROVED BY COMMISSIONERS' APPLICAN
COURT ON: TW, 7711 N 8& I RGY TRANSFER
Date Name
G. D. BRYANT, pRESIDENT?TIiE 7711 CORP
Randy Sim ounty Judge RepresentativelTitle Company
979/779 -0777 & 979/779 -4460
Revised 1WIM4
l •d 9999 'IN [0,01
Telephone Number
Wd81;1 LOOT '6 '110
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VS
it
J Ludwes -s'
I
ROUE 'K.1 56L Cowir o
Gas L, 139
C)LD 'RELM-Ce,
EVA TJ
c5s umc C SEE
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GA
a m e,
4461 oi-a kLatimtetKII
Kusfi,,j 9Tfts
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VE 11(f 4
Djaw Tkkttv-..v- Q4).
Hob, IlodA 13OA405
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: October 23, 2007
�7 1
ITEM: Request for ermission to enter private property belonging to the Frank Sousares Estate
located off Pleasant Hill Road for the purpose of clearing brush and low hanging tree limbs to
create better site distance around curve for the health safety and welfare of the general public.
Site is located in Precinct 4.
PRESENTATION:
VSUBMITTE Y:
Richard F. Vance, P.E.
County Engineer
CC07 -094
This Request is Approved (or) Denied
Date:
APPROVED BY:
Carey Cauley
4
by Commissioners' Court
tir
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
E. Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
DATE: October 12, 2007
1. LAND OWNER AND ADDRESS: Frank Sousares Estate
C/O Jimmy Sousares
202 Francis Drive
College Station Texas 77840
LOCATION OF WORK: Pleasant Hill Road
III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property
to clear enough brush and trim any low hanging tree limbs along the road as
to allow for safe site distance around the curve for the health, safety and
welfare of the general public.
IV. MAINTENANCE YES_ NO X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE:
Richard F. Vance, P.E. Way Agent
County Engineer
Owner's Signature: Date:
10,)0 1 a coo
Brazos County Road & Bridge Dept
Randy Sims
Brazos County Judge
2617 West
Bryan, Texas
Bryaas 77803
Lloyd Wassermann
Office# 979 - 822 -2127
Fax# 979 - 775 -0453
Commissioner Pct 1
E. Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
DATE: October 12, 2007
1. LAND OWNER AND ADDRESS: Frank Sousares Estate
C/O Jimmy Sousares
202 Francis Drive
College Station Texas 77840
LOCATION OF WORK: Pleasant Hill Road
III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property
to clear enough brush and trim any low hanging tree limbs along the road as
to allow for safe site distance around the curve for the health, safety and
welfare of the general public.
IV. MAINTENANCE YES_ NO X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE:
Richard F. Vance, P.E. Way Agent
County Engineer
Owner's Signature: Date:
10,)0 1 a coo
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: October 23, 2007
23
ITEM: Request for ermission to enter private property belonging to the Sally Merka Estate
located off Pleasant Hill Road for the pumose of clearing brush and low hanging tree limbs to
create better site distance around curve for the health safety and welfare of the general public.
Site is located in Precinct 4.
PRESENTATION:
SUBMITTED BY:
Richard F. Vance, P.E.
County Engineer
CC07 -097
This Request is
Date:
(or) Denied
PPROVED Y:
O
on ssioner Carey Cauley
re nct 4
by Commissioners' Court
ZLO/,i�
7
p^Vco T
5.�
m
0 F t}�P
BRAZOS- COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORW
E. Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
DATE: October 12, 2007
I. LAND OWNER AND ADDRESS: Sally Merka Estate
C/O C.L. Merka, Executor
99 PR 2362
Mount Pleasant, Texas 75455
I. LOCATION OF WORK: Pleasant Hill Road
tll. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property
to clear enough brush and trim any low hanging tree limbs along the road as
to allow for safe site distance around the curve for the health, safety and
welfare of the general public.
IV. MAINTENANCE YES_ NO X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE:
Richard F. Vance, P.E. f jr�r �►� er"nlfe&t of Way agent
County Engineer
Owner's Signature: �� �_ Date: AP / Z d
10A 1: �1 -i�a
Brazos County Road & Bridge Dept.
Randy Sims
Brazos County Judge
2617 Hwy West
Bryan, a
Bryan, Texas 77803
Lloyd Wassermann
Office# 979-822-2127
Fax# 979 -775 -0453
Commissioner Pct 1
E. Duane Peters
Commissioner Pct 2
Kenny Mallard
Commissioner Pct 3
Carey Cauley
Commissioner Pct 4
DATE: October 12, 2007
I. LAND OWNER AND ADDRESS: Sally Merka Estate
C/O C.L. Merka, Executor
99 PR 2362
Mount Pleasant, Texas 75455
I. LOCATION OF WORK: Pleasant Hill Road
tll. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property
to clear enough brush and trim any low hanging tree limbs along the road as
to allow for safe site distance around the curve for the health, safety and
welfare of the general public.
IV. MAINTENANCE YES_ NO X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE:
Richard F. Vance, P.E. f jr�r �►� er"nlfe&t of Way agent
County Engineer
Owner's Signature: �� �_ Date: AP / Z d
10A 1: �1 -i�a