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2008-01-22-9:00AM-REGULAR
BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT L^i THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 JANUARY 2008 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 07/08-14.1. 4. Personnel Change of Status. 5. Payment of Claims. 6. Interlocal Agreement with the Texas A&M University System Board of Regents for use of specific areas of the Brazos County Exposition Complex by the TAMU Equestrian Team. Term of agreement is 1 November 2007 through 31 October 2010. 7. Interlocal Agreement with the Brazos County Appraisal District for the performance of computing services that enable the County to continue to accurately account for collections of all taxing units, to do so with a high degree of security, and in accordance with the Texas Constitution and applicable statutes. Term of agreement is 1 January 2008 through 31 December 2008, with the option to extend the agreement by successive terms of 1 year with the approval of both parties. Office of the County Judge • 300 East 26'0 St. . Suite 114 .Bryan, Texas 77803 . Fax: (979) 361-4503 ~Jj Commissioners Court Agenda 22 January 2008 Page 3 18. Permission to award Bid 42008-015, Cold Mix Limestone Rock Asphalt Pavement, as follows: a. THD 330 Class A, Type D and THD 330 Type I, Grade AA Primary Vendor Vulcan Secondary Vendor Martin Marietta Materials b. THD 334 Class A, Type D Primary Vendor Colorado Materials. 19. Payment authorization in the amount of $3,307.00 to the Texas Department of Health for asbestos notification fees related to the abatement performed at the County Administration Building. 20. Committee to evaluate and recommend vendor(s) to the Commissioners Court for RFP 2008-022 Electronic Time Sheet and/or Electronic Time Clock, with the following membership: a. Stephanie Wendt - Constable Pct. 2 Ofc. e. Sal Pendas - Tax Ofc. b. Ronda Hare - Treasurer's Ofc. f. Pat Howard* - Purchasing Dept. c. Lewis Stracener - Road & Bridge Dept. g. Bronius Motekaitis* - I.T. Dept. d. Kathy Drosche - Sheriff's Ofc. * indicates non- voting members 21. Requisition 00017507 in the amount of $27,364.20 to Texas Communications for the budgeted purchase of mobile radios for the Sheriff's Office patrol and jail vehicles. 22. Permission to advertise the following bids: a. Bid #2008-025, Decking Timber b. Bid #2008-026, Bridge Pilings c. Bid #2008-027, Shop Supplies & Auto Parts d. Bid #2008-028, Hydrated Lime e. Bid #2008-029, High Volume, Low Speed Fans 23. Request from the City of Bryan for approval of the realignment of Turkey Creek Road to accommodate a safe intersection with right angles; Melrose Parkway is a portion of the East-West Corridor to link State Highway 47 to FM 2154 (Wellborn Road). Roadway realignment is conducive to the health, safety and welfare of the general public. Site is located in Precinct 4. 24. Request from Verizon Communications to construct a 4'x 8'x 4' concrete manhole and X-CONK (crossing connection) box at the intersection of Stousland Road and Wade Road; a buried cable will be placed 3 ft. in the east right of way of Stousland Road extending south for a distance of approximately 910 ft. and at a depth of 36 inches. Site is located in Precinct 1. Commissioners Court Agenda 22 January 2008 Page 2 8. Designation of the courthouse commons area as the location for the delinquent property tax sales in Brazos County. 9. Permission for the Brazos County Local Emergency Planning Committee (LEPC) to accept a Hazardous Materials Emergency Preparedness Planning Grant of $10,900.00 from the Governor's Division of Emergency Management. Grant funds will be used to educate the public on the emergency notification system and the options of sheltering- in-place vs. evacuating, to include but not limited to production of Public Service Announcements in English and Spanish for radio and TV media. 10. Reimbursement of incorrect premiums for an employee whose deductions were not changed upon the removal of a family member from the policy when he turned 25 per our contract with BCBS. Human Resources was not notified of this change in coverage. 11. Reappointment of the following individuals as Fire Commissioners for Brazos County Emergency Services District #3; term of each appointment is 1 /01 /08 through 12/31/09: a. James Stuckey, Vice President b. Martin Riley, Asst. Treasurer 12. Reimbursement from the JP Technology Fund to the Justice of the Peace, Pct. 1 for registration to the Courts & Local Government Technology Conference scheduled on 29-31 January for one (1) employee @ $175, plus lodging, meals and travel. 13. Reimbursement from the JP Technology Fund to the Justice of the Peace, Pct. 4 for registration to the Courts & Local Government Technology Conference scheduled on 29-31 January for three (3) employees @ $175 each, plus lodging, meals and travel. 14. Non-profit Organization Application for assignment of an inmate work crew to assist the Children's Museum with event clean-up in and around the museum. 15. Commissioners Court minutes for the following 2007 dates: a. 4 Sept. Regular Meeting b. 4 Sept. Public Hearing, 10 am c. 4 Sept. Public Hearing, 2 pm d. 7 Sept. Public Hearing e. 11 Sept. Regular Meeting f. 17 Sept. Workshop Session g. 18 Sept. Regular Meeting h. 18 Sept. Workshop Session i. 21 Sept. Regular Meeting j. 24 Sept. Special Meeting k. 28 Sept. Public Hearing 16. Tax Refund Applications for the following: a. Wayne K. & Linda A. Johnson b. Ronald Talley c. Legrand D. III & Jane M. Kirby 17. Copier Lease Agreement with Ikon for the Brazos County Agricultural Extension Office. ~b5 Commissioners Court Agenda 22 January 2008 Page 4 25. Request from Verizon Communications to construct a 100 ft. road bore and 146 ft. of buried cable installation in the right of way of Koppe Bridge Road and Meadow Creek Drive at a depth of 36 inches. Site is located in Precinct 1. 26: Discussion and possible action regarding cancellation of the current Burn Ban as established by Brazos County Order 08-002. 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 make arrangements, call (979) 361-4102. j05 COMMISSIONERS' COURT REGULAR MEETING JANUARY 22, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, January 22, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. Under citizen input/and or concerns, the following spoke: Anderson Jones a) He lives on the west side of College Station off Highway 60 Old Jones Road. There are no culverts on either side of the road. There is dirt and mud on the asphalt. His wife skidded on the mud and slid toward an approaching car. He hopes something can be done about this. He asked the Commissioners to take a look at this situation. Vol 10-5 Page g& Commissioners Court meeting January 22, 2008 2 Richard Vance, County Engineer a) Responded to Mr. Jones that there had been many discussions with Ricky Palasota on this issue. The Court next considered Budget Amendment #07/08-14.1 that would reallocate funds for the 361St District Court. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, 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: 7045677 through 7045915 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the Board of Regents of the Texas A&M University System (TAMUS) for the use and benefit of Texas A&M University (TAMU). This agreement is to delineate the intended use of the Brazos County Exposition Vol o"a? Page ~I Commissioners Court meeting January 22, 2008 3 Complex by the Texas A&M University Department of Athletics Equestrian Team. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. The cost to TAMU will be as follows: a. Use of indoor arena less than four hours, $150/per day b. Use of indoor arena more than four hours, $250/per day c. Use of indoor arena for TAMUS held/sponsored competitions, $1,200/per day d. Use of outdoor arena or indoor arena when no utilities are consumed, no cost. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into an Interlocal Agreement with the Board of Regents of the Texas A&M University System (TAMUS) for the use of the Exposition Complex. The term of the contract is from November 1, 2007 through October 31, 2012. This was incorrectly stated on the agenda. A copy is attached. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the Brazos County Appraisal District for the performance of computing services that enable the County to continue to accurately account for collections of all taxing units. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. The term of the agreement is from the effective date of the last party to sign or January 1, Vol 10-5 Page 96 Commissioners Court meeting January 22, 2008 4 2008 through December 31, 2008. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into an Interlocal Agreement with the Brazos County Appraisal District to perform computing services. At this point, the County Judge proceeded to consider item 23 on the agenda. This was a request from the City of Bryan for approval of the realignment of Turkey Creek Road in Precinct 4 to accommodate a safe intersection with right angles. Melrose Parkway is a portion of the East-West Corridor to link State Highway 47 to FM 2154. Roadway realignment is conducive to the health, safety and welfare of the general public. Linda Huff, representative of the City of Bryan explained the reasons for this request. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously approve the request. The next matter before the Court was the designation of a location in the Brazos County Courthouse for the delinquent property tax sales. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to designate the Courthouse Commons area as the location for the delinquent property tax sales. The Court next considered a request from the Brazos Vol ~5 Page $ Commissioners Court meeting January 22, 2008 5 County Local Emergency Planning Committee to accept a Hazardous Materials Emergency Preparedness Planning Grant of $10,900.00 from the Governor's Division of Emergency Management. The Grant funds will be used to educate the public on the emergency notification system and the options of sheltering-in-place vs. evacuating. This includes but is not limited to production of Public Service Announcements in English and Spanish for radio and TV media. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept the grant funds. A copy is attached. The next matter before the Court was consideration of the reimbursement of incorrect premiums for an employee. The deductions where not changed when a family member was dropped from coverage. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the reimbursement of premiums to the employee. The Court next considered the reappointment of individuals to serve as Fire Commissioners for Brazos County Emergency Services District U. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to reappoint the following: a. James Stuckey, Vice President b. Martin Riley, Assistant Treasurer. Vol 16-5 Page 90 Commissioners Court meeting January 22, 2008 6 The term of the appointment is January 1, 2008 through December 31, 2009. The Court next considered a request from Justice of the Peace, Precinct 1 for reimbursement from the JP Technology Fund for costs to attend the Courts & Local Government Technology Conference scheduled on January 29 through 31, 2008. This is for one employee at $175.00, plus lodging, meals and travel. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter before the Court was a request from the office of Justice of the Peace, Precinct 4 for payment of costs associated with attending the Courts & Local Government Technology Conference January 29-31. This is for three employees at $175.00 each, plus lodging, meals and travel. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted to approve travel expenses for only two employees. The Court next considered an application by a non-profit organization for assignment of an inmate work crew to assist the Children's Museum with event clean up in and around the museum. Bill Jeanes voiced concern concerning the proximity of the work crew to children at the museum. On motion by the Vol 10 5 Page 91 Commissioners Court meeting January 22, 2008 7 County Judge, seconded by Commissioner Peters, the Court voted to approve the application contingent on the availability of a crew. The next matter before the Court was approval of the Commissioners Court minutes for the month of September on the following dates: Regular Meetings - 4th, 18tH, 21St, Public Hearings - 4th (2), 7th, 28th Workshops - 17th, 18th Special Meeting -24th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Wayne K. & Linda A. Johnson, over payment $51.37 b. Ronald Talley, over payment $63.00, c. Legrand D. III & Jane M. Kirby, over payment $303.83 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the refund applications. The Court next considered a Copier Lease Agreement with IKON for the Agricultural Extension Office. This is a five (5) year lease agreement at a cost of $850.00 per month. On motion by Commissioner Peters, seconded by Commissioner Vol 105 Page 9 C~- Commissioners Court meeting January 22, 2008 8 Mallard, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the documents. A copy of the Lease Agreement is attached. The Court next considered awarding Bid No. 2008-015, Cold Mix Limestone Rock Asphalt Pavement. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: THD 330 Class A, Type D and THD 330, Type 2, Grade AA Primary Vendor-Vulcan Secondary Vendor-Martin Marietta Materials THD 334 Class A, Type D Primary Vendor-Colorado Materials On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The next matter before the Court was consideration of a payment authorization to Texas Department of Health in the amount of $3,307.00 to cover asbestos notification fees related to the abatement performed on the County Administration Building. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Vol Cb-5 Page 13 Commissioners Court meeting January 22, 2008 9 The Court next considered approval of a list of individuals to serve on the Committee for the selection of vendor(s) for RFP 2008-022-Electronic Time Sheet and/or Electronic Time Clock. The proposed committee members are as follows: Stephanie Wendt-Constable, Precinct 2 Rhonda Hare-Treasurer's Department Lewis Stacener-Road and Bridge Department Kathy Drosche-Sheriff's Department Sal Pendas-Tax Office Pat Howard, Purchasing Agent (non voting) Bronius Motekaitis-Information Technology Department (non voting) On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint the previous named individuals to serve on the Committee for the selection of vendor(s) for RFP 2008-022-Electronic Time Sheet and/or Electronic Time Clock. The next matter before the Court was consideration of requisition 00017507 in the amount of $27,364.20 to Texas Communications for the purchase of mobile radios for the Sheriff's Office Patrol and Jail vehicles. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered approval for the Purchasing Agent to advertise for the following bids: a. Bid #2008-025, Decking Timber Vol )a5 Page g4 Commissioners Court meeting January 22, 2008 10 b. Bid #2008-026, Bridge Pilings c. Bid #2008-027, Shop Supplies & Auto Parts d. Bid #2008-028, Hydrated Lime e. Bid #2008-029, High Volume, Low Speed Fans On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered the request from Verizon Communications to construct a 4 foot by 8 foot by 4 foot concrete manhole and X-CONN (crossing connection) box at the intersection of Stousland Road and Wade Road; a buried cable will be placed three feet in the east right-of-way of Stousland Road extending south for a distance of approximately 910 feet at a depth of thirty six inches. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon Communications to construct a 100 foot road bore and 146 feet of buried cable installations in the right-of-way of Koppe Bridge Road and Meadow Creek Drive at a depth of 36 inches. The site is located in Precinct 1. The County Engineer stated Vol 10-5 Page q6 Commissioners Court meeting January 22, 2008 11 that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter for consideration by the Court was the cancellation of the burn ban as established by Brazos County order 08-002. Chuck Frazier, Emergency Management Coordinator, said that according to the Fire Chiefs, it is OK to lift the burn ban plus rain is in the forecast. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to cancel the burn ban. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The IGC meeting today at noon will discuss area wide radio communication. He posted the notice of meeting so everyone could attend. Under citizen input and/or concerns, the following spoke: Pat Howard, Purchasing Agent a) Introduced Charles Wendt as the new Assistant Buyer. Vol 10S Page q Commissioners Court meeting January 22, 2008 12 There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol J OL Page q 7 The foregoing minutes of the Commissioners Court meeting held January 22, 2008 have been examined and are approved in open Court this the day of , 2008, in Bryan, Brazos County, Texas. Randy S'ms Count Judge ~u Duane Peters Commissioner, Precinct 2 Carey Cauley, Jr. Commissioner, Precinct 4 Attest: C~C Karen McQueen County Clerk w Lloy Wassermann Commissioner, Precinct 1 Kenny Mall d Commissions , Preci t 3 Vol 1 o-D Page 99 B RAZO S COUNTY COMMISSIONERS COURT ~ DAY OF 20~ 8~ AT AM I ~X Name Organization G LindaL~~ r 2 Z BRAZOS COUNTY COMMISSIONERS COURT DAY OF , 20rop AT !Y!o c.~ AM/ Name Organization P r OEP-~ Ids io0 &Jyc tkc- O(Zod ~ -1- 13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-14.1 On this the 22°d day of January 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 22 January 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 22nd day of January 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy S Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Ib5 joF BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -14.1 1/22/2008 105 1 aa- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 22, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests C/ Department Submitting Employee Request Action Reque...... Request(s) Applies To County Auditor Human Resources Florence, Elizabeth New Hire Flores, Antonia New Hire Approved in Commissioners' Court: January I County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1 a5 iP3 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: January 22, 2008 f I ) ITEM: Request from City of Bryan for approval of the realignment of Turkey Creek Road to accommodate a safe intersection with right angles; Melrose Parkway portion of the East- West Corridor to link State Highway 47 to FM 2154 (Wellborn Road). Roadway realignment is conducive to 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 CC2008-009 This Request is Approved (or) Denied Date: Randy Si , County Judge APPROVED BY: ommissio r Carey Cauley Precinct 4 by Commissioners' Court 165 j0+ d i r r 2 U Chi 4! !T O tY I EnSTWL- ow r Y%(ifL~l~ PgOFn-.ED RW i ' F f10T1p11'S I J i fl1 f RELOU-il (T (XThEMK'! 2 I \ F J' gF'ilpN 7 - RrGMr _Cc WA, JI . . YY REotiWi ) -GO 65 N_ RES J F / t / I t I F _SARAH HFNSZ h 7 CPT,ON 2 RtCHT-0# *AY / / REQUIRED - 0 16 ACRES i . SI'LPHANiF SAA_F SINGLETON I i \ (JPTION 3 r X)HN BOGAR.0 / - EXIST;NG i WAWAT DISTING RMS LILLFKFR`, t rj BEN '1ARpLM?.N i c f• s ♦'t t RELOCA40 / CANEWA'r / t\ t / DR7tiTiYAr HA ?F1 NR L AM" 1 fl 'i J~J() I ~t. i/ [I ~ yR,W r;ta51 PON • STF.:F'N.ti11E SAt_C , f 1 r JcW~ €a3{°dPJ CN4*MG *1 F L1, T S(~P,L_F. I 5 I Ole 10 t_ I~ l 1 7 _r - snr••.K vac v.at rows j~ \ Of .1 sJ ~3 o Mw .µp(ww. aO 200 Q S(- - if+ Ff-FT \ ~ / to v INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRAZOS COUNTY APPRAISAL DISTRICT FOR THE PERFORMANCE OF COMPUTING SERVICES FOR BRAZOS COUNTY This Interlocal Agreement ("Agreement") is made by and between Brazos County, Texas, a political subdivision of the State of Texas ("the County") acting by and through its Commissioners Court and the Brazos County Appraisal District, a political subdivision of the State of Texas ("the District"), acting by and through its Board of Directors. STATEMENT RELATED TO THE GENERAL PURPOSE OF THIS AGREEMENT The County and the District enter into this Agreement to allow the County the continued access to the Orion software that is currently installed on the District's computing system/network. Both parties acknowledge that the preclusion to the County of access to this system would greatly hinder or prevent the Tax Assessor/Collector from performing their duties required by the Texas Constitution and applicable statutes. Therefore, the primary purposes of this agreement is to: enable the County to continue to accurately account for collections of all taxing units; insure that a high degree of security exists between the County (Tax Assessor/Collector) and the District regarding the separation of functions of these two offices and access to information; and, insure that each office continues to perform its duties in accordance with the Texas Constitution and applicable statutes. 1. OBLIGATIONS OF THE COUNTY A. The County shall continue to support the District in accordance with its statutory duties as a taxing unit participating in the District. B. No employee or officer of the County shall alter any information maintained by the District. County viewing of District maintained data shall be allowed through secured permissions controlled by the designated District official in cooperation with the designated County official. C. The County shall retain all rights and obligations to maintain T-1 connectivity between offices and system hardware and operating system software housed in the County office as required for functional operation. II. OBLIGATIONS OF THE DISTRICT A. Provide County access to the District's computing system ("Orion") for the purpose of maintaining accurate receipting and reporting of property tax payments and related activities. B. No employee or officer of the District shall alter any information maintained by the County. District viewing of County maintained data shall be allowed through secured permissions controlled by the designated County official in cooperation with the designated District Official. C. The District shall retain all rights and obligations to maintain system hardware and operating system software housed in District office as required for functional operation. III. OBLIGATIONS OF BOTH PARTIES Officers or representatives of District and County shall meet on or before August 15, 2008, to review and test all user rolls to identify and alleviate any security risks found. IV. TERM, TERMINATION A. This Agreement shall be effective the date of the last party to sign or January 1, 2008, whichever date is the earlier and shall terminate on December 31, 2008. This Agreement may be extended by successive terms of 1 year, with the approval of both parties. This Agreement may also be mutually terminated by the parties in writing in the event of an implementation of new software system and/or design that makes the information and/or data contemplated herein inaccessible to the County. B. If either party defaults in the performance of any of the terms or conditions of this Agreement, the defaulting party shall have 30 days after receipt of written notice of the default within which to cure the default. If such default is not cured within the 30 days, then the offended party shall have the right without further notice to terminate this Agreement. V. MISCELLANEOUS A. Severability. If any section, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of the Agreement shall not be affected thereby. It is the intent of the parties signing this Agreement that no portion of it, or provision or regulations contained in it shall become inoperative or fail by reason of unconstitutionality or invalidity of any other section, subsection, sentence, clause, phrase, provision, or regulation of this Agreement. B. Each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. C. Law and Venue. This Agreement shall be governed by the laws of the State of Texas. The obligations under this Agreement are performable in Brazos County, Texas. It is expressly understood that any lawsuit or litigation arising out of or relating to this contract will take place in Brazos County, Texas. D. Alteration, Amendment, or Modification. This Agreement may not be altered, amended, or modified except in writing, approved by Brazos County acting by and through its Commissioners Court and the Brazos County Appraisal District, acting by and through its Board of Directors. E. Entire Agreement. This Agreement constitutes the entire agreement between the District and the County. No other agreement, statement or promise relating to the subject matter of this Agreement which is not contained in this Agreement is valid or binding. F. Notice. Notices to either party shall be in writing, and may be either hand delivered or sent by certified or registered mail, postage paid, return receipt requested. If sent to the parties at the addresses designated herein, notice shall be deemed effective upon receipt in the case of hand delivery and three days after deposit in the U.S. Mail in case of mailing. The address of City for all purposes shall be: ~ 05- I-a9 Brazos County Appraisal District 1673 Briarcrest Dr., Suite A-101 Bryan, Texas 77802 Attn: Mark Price, Chief Appraiser (979) 774-4100 The address for the County for all notices hereunder shall be: Randy Sims Brazos County Judge 300 East 26`h Street, suite 114 Bryan, Texas 77803 G. Independent Relationship. Both parties hereto, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. H. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the parties hereto, their past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. Neither party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. I. Compliance with Laws. The parties hereto shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, Worker's Compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all their oral and written negotiations, agreements, and understandings of every kind. The parties hereto understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any party hereto or its officer, employees, or other agents to induce execution of this Agreement. 1~S ' ~1a WHEREFORE, premises considered, in this Interlocal Agreement is executed to be effective the date of the last party to sign or January 1, 2008, whichever date is the earlier. BRAZOS COUNTY COMMISSIONERS COURT Randy Sims Date County Ju e BRAZOS COUNTY APPRAISAL DISTRICT Lonnie L. Jones Date Chairman, Board of Directors iii a ` (f INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY AND THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM This Agreement ("Agreement") is made effective as of the 1 st day of - y , 2008, by and between the BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, an agency of the State of Texas ("TAMUS"), for the use and benefit of TEXAS A&M UNIVERSITY ("TAMU"), a member of The Texas A&M University System, and BRAZOS COUNTY, TEXAS ("COUNTY"), a political subdivision of the State of Texas, for the times and dates indicated herein. WHEREAS, Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act, authorizes local governments to contract with each other and with agencies of the state, to perform functions or services each party to the contract is authorized to perform individually; and, WHEREAS, COUNTY and TAMUS each desire to enter into this Agreement in order to delineate the intended use of the Brazos County Exposition Complex by the TAMU Department of Athletics Equestrian Team; and, WHEREAS, COUNTY and TAMUS each represent it is authorized to enter into this Agreement; NOW, THEREFORE, in consideration of the recitals and mutual covenants made by TAMUS and COUNTY to be respectively kept and performed, the parties agree as follows: Prepared by Office of General Counsel Brazos County Exposititon Complex Legal Files 2007-0015506 010708-TVC a , o SECTION I. PURPOSE OF AGREEMENT 1.1. The purpose of this Agreement is to establish the responsibilities of TAMUS and COUNTY regarding the use of the Brazos County Exposition Complex ("Complex'), specifically its Indoor Arena and Outdoor Arena and approximately 34.2 acres of adjoining property. SECTION II. TERM 2.1. This Agreement shall begin on November 1, 2007 and shall terminate on October 31, 2012. The parties may agree to extend the term of this Agreement for an additional five (5) years by execution of a separate interlocal agreement. 2.2. This Agreement may be terminated by either TAMUS or COUNTY, without cause, provided one hundred eighty (180) calendar days written notice is provided to the other party. In the event of such termination, any payments due under this Agreement will be made up to and including the date of termination. Upon termination, the parties will have no further rights or obligations under this Agreement. SECTION III. INTENDED USE 3.1. COUNTY agrees TAMUS will have use of the Complex Indoor Arena and Outdoor Arena, shown in the attached Exhibit A, based upon a schedule of hours as agreed upon by COUNTY and TAMUS. TAMUS agrees its use of the arena(s) is subject to COUNTY's use of the facilities for its own purposes with COUNTY giving TAMUS at least thirty (30) days notice of COUNTY's intent to supersede use of the Complex or arena(s). At the time of execution of this Agreement, Exhibit B reflects the practice schedule for initial use by TAMUS. 3.2 Scheduling of TAMUS practice times and dates for TAMUS held/sponsored competitions will be given to COUNTY one academic semester, in advance. COUNTY agrees to 2 Ib5 03 Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC A/n &,J- - f 113 give TAMUS written notice of any scheduling conflicts within fifteen (15) days following the date of COUNTY's receipt of TAMUS' schedule. 3.3 Approximately 34.2 acres, as shown on the attached Exhibit C, of adjoining property ("Property") will be allocated exclusively for TAMUS' use. TAMUS agrees to use the entrance off Jones Road as its primary entrance to the Property and will keep the gate locked at all times when no TAMUS personnel are present. On an annual basis, additional property may be made available to TAMUS for grazing its equestrian team horses subject to approval of COUNTY and with the understanding TAMUS would be responsible for maintenance of the additional property to include fencing, planting of grass, and fertilizing of same. 3.4 TAMUS use of the arena(s) during TAMUS' scheduled time(s) would be exclusive to TAMUS subject to COUNTY personnel having necessary access for custodial, maintenance, marketing, sales, public relations, or other COUNTY operational purpose(s) in a manner that does not materially interfere with TAMUS' use. Should COUNTY's exercise of prior use conflict with TAMUS held/sponsored competitions, the parties will negotiate in good faith to reschedule their respective dates. SECTION IV. ADDITIONAL FACILITIES 4.1 Any construction of facilities by or on behalf of TAMUS on the Property shall be subject to the prior written approval of COUNTY. COUNTY agrees to provide TAMUS a one (1) year notice of any COUNTY intent to construct facilities on the Property. Should COUNTY construct facilities on all or any portion of the Property, COUNTY agrees to provide comparable land to TAMUS adjacent to the Property of the same size as that used by COUNTY. Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC VOL )OS PACE 4.2 In the event TAMUS constructs facilities, TAMUS agrees, at its sole cost and expense, 1) to be responsible for all maintenance and repairs of said facilities, 2) to employ an onsite manager with operational oversight of materials, equipment, and horses kept at the facilities and 3) to separately meter utilities to the facilities and be responsible for payment of those metered costs. COUNTY agrees any facility built by TAMUS will be for TAMUS exclusive use during the term of this Agreement. 4.3 COUNTY agrees that facilities on the Property may be constructed by TAMUS or by The 12th Man Foundation, a nonprofit corporation, for the benefit of TAMUS. SECTION V. FACILITY COSTS 5.1. COUNTY will invoice on a monthly basis and TAMUS will remit payment to COUNTY within thirty (30) days at the address provided by COUNTY for the following facility costs: Use of the Indoor Arena less than four hours at the rate of $150 per day; use of the Indoor Arena four hours or more at the rate of $250 per day; use of the Indoor Arena for TAMUS held/sponsored competitions at the rate of $1,200 per day; and no cost to TAMUS for use of the Outdoor Arena or for use of the Indoor Arena when no utilities are consumed. 5.2 The costs stated in Section 5.1 are subject to biannual evaluation by COUNTY and TAMUS, as costs of utilities or the rate at which COUNTY assesses other customers for use of the Complex or arena(s) may change. 5.3 COUNTY, upon, the provision of 60 days written notice, shall apprise TAMUS of any and all utility increases which may occur upon the property. 4 VOL 105 PAGE 1, 15 Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC 5.4 The parties agree that the COUNTY is limited to two increases per year; with one notice of increase to be provided on each yearly anniversary date of this Agreement and the second notice of increase, if any, provided during the middle of each year. SECTION VI. EQUIPMENT/FACILITY MAINTENANCE 6.1 During the first ninety (90) days of this Agreement, TAMUS will be permitted to use certain COUNTY equipment, specific types or kinds subject to approval, for the care of the Indoor Arena and the Outdoor Arena. TAMUS agrees to provide all fuel, preventative maintenance, and repairs while using COUNTY equipment. However, it being understood that COUNTY is not a manufacturer, supplier or dealer in the equipment, and therefore it makes no warranties, express or implied, regarding the condition of the equipment, its merchantability, design, capacity, or fitness for any particular purpose. TAMUS further agrees that it assumes the responsibility to the extent provided in the Texas Tort Claims Act for any injury, disability and death of workers and other persons caused by the operation, use, control, handling, or transportation of the aforementioned equipment in its possession and control during the use period. 6.2 After this preliminary ninety (90) day period, TAMUS will then be responsible, at its sole cost and expense, for providing its own equipment for care of the Indoor Arena and the Outdoor Arena. 6.3 Care of the Indoor Arena and the Outdoor Arena will be coordinated with COUNTY personnel having oversight over Complex maintenance. 6.4 All COUNTY facilities used by TAMUS will be cleaned, maintained, and repaired on a daily basis to the original condition as found by TAMUS. At the time of termination or expiration of this Agreement, TAMUS and COUNTY will agree upon the extent to which TAMUS II Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC r~~ / 11 will, at its sole cost and expense, return the premises to their original condition, normal wear and tear excepted. Upon termination or expiration of this Agreement, any permanent improvements to the Property will revert to COUNTY ownership. SECTION VII. PARTIES' RELATIONSHIP AND RIGHT TO PROMOTE AFFILIATION 7.1 COUNTY and TAMUS acknowledge and agree the parties' relationship is that of LESSOR AND LESSEE and that no other legal relationship exists between the parties, including, without limitation, partners, joint venturers, employer or employee. Neither party shall have the right or power to bind the other party and any attempt to enter into an agreement in violation of this Agreement shall be void. Neither party shall take any actions to bind the other parry to any other agreement. 7.2 COUNTY is not responsible for wages, social security taxes, hospitalization insurance or workers' compensation insurance for TAMU personnel, contractors or students. 7.3 Nothing in this Agreement is to be construed as transferring financial responsibility from one party to another. 7.4 The parties also acknowledge and agree that that the parties' affiliation under this Agreement carries with it valuable publicity and standing in the State and local community. For these reasons, the parties agree that each has the right to advertise and promote the parties affiliation under this Agreement; provided that any such advertisement or promotion is approved in advance by both parties, and nothing in this Agreement shall be construed as granting any license to use the marks (logos/trademarks) of TAMUS or TAMU. V( 1 vS FIB; 117 Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC SECTION VIII. MODIFICATION OF AGREEMENT 8.1 The terms and conditions of the Agreement may be modified at any time by the mutual consent of both parties. However, no amendment or modification to this Agreement is effective unless and until it is reduced to writing and signed by duly authorized representatives of both parties. SECTION IX. WRITTEN NOTICE 9.1. Unless otherwise specified, written notice will be deemed to have been duly served if delivered in person to the individuals listed below or if it is delivered or sent certified mail to the business address below. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other party. TAMUS: Mr. Bill Byrne Athletic Director Department of Athletics P.O. Box 30017 College Station, TX 77842-3017 with a copy to: Department of Contract Administration 1182 TAMU College Station, TX 77843-1260 COUNTY: Mr. Randy Sims County Judge Brazos County 300 East 26cn Bryan, Texas 77803 with a copy to: Tom Quarles Director of Special Event Facilities Brazos County 5827 Leonard Road Bryan, Texas 77803 7 05 rT - - U cw Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010706-TVC SECTION X. STATE AGENCY 10.1. COUNTY expressly acknowledges that TAMUS is an agency of the State of Texas and TAMU acknowledges that COUNTY is a political subdivision of the State of Texas. Nothing in this Agreement will be construed as a waiver or relinquishment by TAMUS or COUNTY of its right to claim such exemptions, privileges, and immunities as may be provided by law. SECTION XI. WAIVER 11.1. Failure of any party, at any time, to enforce a provision of this Agreement, in no way constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement, any part of this Agreement, or the right of the parry thereafter to enforce each and every provision of this Agreement. No term of this Agreement will be deemed waived or breach excused unless such waiver is in writing and signed by the party claiming 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. SECTION XII. INVALIDITY 12.1. If any portion of this Agreement is held invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. The parties will use their best efforts to replace the respective provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. VOL 165 PAGE-1 / Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC 25Z-2 V I SECTION XIII. ENTIRE AGREEMENT 13.1. It is understood this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of COUNTY or TAMUS, either before or after the execution of this Agreement, affects or modifies any terms or obligations of this Agreement. SECTION XIV. CHOICE OF LAW, PLACE OF PERFORMANCE AND JURISDICTION 14.1. This Agreement is governed by the laws of the State of Texas. 14.2. Performance of this Agreement is in Brazos County, Texas. 14.3. All suits, actions, claims and causes of action relating to the construction, validity, performance and enforcement of this Agreement shall be in the courts of Brazos County, Texas. SECTION XV. FORCE MAJEURE 15.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, Acts of God, Government restrictions, wars, insurrections, natural disasters or other emergencies as declared by Federal, State or County agencies or departments for use of the Exposition Complex for emergency animal or civilian housing, and/or any other cause beyond the reasonable control of the party whose performance is affected. 9 Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC 15.2 If performance of any obligation of either party hereunder is prevented or rendered impracticable or infeasible as discussed in the preceding paragraph, it is understood and agreed that there shall be no claim for damages against the obligated party for failure to perform its obligations under this Agreement. SECTION XVI. AUTHORITY 16.1. Each party has full power and authority to enter into and perform under this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement represent that they have authorization to sign on behalf of their respective entities. SECTION XVII. INDEMNIFICATION AND HOLD HARMLESS PROVISIONS 17.1 To the extent permitted by the constitution and laws of the State of Texas and without the waiver of sovereign immunity or any other defense to which the parties may be entitled to assert, respectively, TAMUS shall indemnify and hold COUNTY harmless from liability resulting from the negligent acts or omissions of TAMUS, its students, agents, or employees pertaining to its activities conducted on the premises and the activities to be carried out pursuant to the obligations of this Agreement, provided, however, that TAMUS shall not hold COUNTY harmless from claims arising out of the negligence of COUNTY, its officers, agents, or any person or entity not subject to TAMUS supervision or control. 17.2 To the extent permitted by the constitution and laws of the State of Texas and without the waiver of sovereign immunity or any other defense to which the parties may be entitled to assert, respectively, COUNTY shall indemnify and hold TAMUS harmless from liability resulting from 1 O Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC ~b,5 F ,~.,g ja1 ~ Cj the negligent acts or omissions of COUNTY, its agents, or employees pertaining to its activities conducted on the premises and the activities to be carried out pursuant to the obligations of this Agreement, provided, however, that COUNTY shall not hold TAMUS harmless from claims arising out of the negligence of TAMUS, it students, officers, agents, or any person or entity not subject to COUNTY's supervision or control. 17.3 In the event the parties are legally adjudged to have been jointly negligent in causing injury or damage, each party shall be obligated to satisfy its proportionate share of such judgment based upon the percentage of liability attributed to it in such judgment. If COUNTY is adjudged to be liable for the acts or omissions of TAMUS, then COUNTY shall be indemnified by TAMUS to the extent of such vicarious liability. If TAMUS is adjudged to be liable for the acts or omissions of COUNTY, then TAMUS shall be indemnified by COUNTY to the extent of such vicarious liability. Neither Party hereto shall be obligated to indemnify the other for such other Party's own negligence. 17.4 The parties understand and acknowledge that TAMUS intends to contract with others for the purpose of constructing buildings upon the property subject to the lease herein. Therefore, TAMUS agrees that, to the extent that it requires any contractor to name TAMUS as an additional or named insured under a contractor's policy of insurance, it shall also cause the inclusion of the COUNTY as an additional insured in all agreements entered into with CONTRACTORS and subcontractors who shall be engaged by TAMUS for the purpose of furnishing services or equipment at the premises that are subject to this Agreement. SECTION XVIII. AGREEMENT READ 18.1. Each party acknowledges that it has read, understands, and intends to be bound by the terms and conditions of this Agreement. Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC SECTION XIX. MISCELLANEOUS 19.1 It is understood and agreed that this Agreement may be executed in a number of identical counterparts with each deemed an original for all purposes. 19.2 Notwithstanding any other provision of this Agreement to the contrary, the parties acknowledge that any real property improvements constructed for or on behalf of TAMUS, and the tenant's leasehold interest in the Property, are held in the name of the Board of Regents of The Texas A&M University System for the benefit of TAMUS. However, per Section 6.4 documented herein, upon termination or expiration of this Agreement, any permanent improvements to the Property will revert to COUNTY ownership. IN WITNESS OF THIS AGREEMENT, COUNTY and TAMUS, through their duly appointed agents, have executed this Agreement in duplicate originals. EXECUTED this the 15-fh day of JK r w a- r2= , 2008 by TAMUS. TEXAS A&M UNIVERSITY, a member of The Texas A&M University System, on behalf of the Board of Regents of The Texas A&M University System By: K. SUE REDMAN Senior Vice President and Chief Financial Officer AS TO FORM: V. TIrMT. OFFEY As i 1 Counsel Office of General Counsel The Texas A&M University System 12 1-°- p 1,13 Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007.0015506 010706-TVC EXECUTED this the ~Jbct day of , 2008 by COUNTY. BRAZOS By: APPROVED AS TO FORM: ATTEST: Randy Si Brazos ,e Karen McQueen County Clerk 13 ounty Judge , Texas Prepared by Office of General Counsel Brazos County Exposition Complex Legal piles 2007-0015506 010708-TVC A9,14 0 Assistant County Attorney Brazos County EXHIBIT A COMPLEX SITE 14 ~ DS r' i ~s Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC i'd /(I ' ~ o.- SE t m 1 ? Ix . I ~ t < < , c a - f _ i t I I I, I I 1 u -i' - S - t - EE ! f l ' ~I 11~ I I I ~ r - I ' I I ' I II I ' I I III I Ipl I I l I I I I ' I I I I : u I II III ~ ' I I I ' I I Il I I III I I I ~I P III i I l :"i I ' I I I 1I11i I''I 7. I 11 I I I I ' I~ I I ' T ~ I II Ii I . I i ' t I ! r II i i, I I I t i l IIII Ill'tII !l i I ~~i i i - l I I I ' I I I Il I~ • S I , e J i I ' I I ! ! ! L ~ r-) ``frt.= , :y - . _ t ! I J I , I II I IIL~I' I Ll ~tL. i_i I I I; I I I , I " l 1 I ~ I _ __:I I I Ll..r, ! 't1 t+i'i4f C lJ'i i'I~. 'iJ (J I_j l1•-il.i.-i,--'III''U ~`i ~~`il? ~~!}`li{''11 I 1 z d z a v am m ? 0D N BRAZOS COUNTY EXPOSITION CENTER Y o lf{UH14AY i r AND Ll40NARU ROAD IN 1,.AA\. i17M 7 7 M1. SITE PLAN jPf- Cn ` f 4 O E / EXHIBIT A PAGE 2 OF 2 1 , !f,. 40ZO I. i.. I ._.i . o u 01 r woo ~ ~ - , ~oL6 j I I i;• , ' OUTDOOR ARENA - I is n f ► _ _ SITE PLAN OIIN„F\fi,$!„OC(:f.fl,R KM .,t.: RY 1AN fiN.Vflti<,11.'01', 171.\S BRAZOS COUNTY EXPOSITION CENTER HIGHWAY 47 AND LEONARD ROAD ftf+k'AA', TEXAS 77~Z dos ,~-7 Nil EXHIBIT B INITIAL PRACTICE SCHEDULE I S Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC OS S~ E.?: HIB IT B NITIAL PRAC'T1CE SCHEDULE Pursuant to Section III of the Agreement, the initial practice schedule per the documented qualifications and/or parameters shall be as follows: Monday afternoon four (4) hours Tuesday eight (8) hours Wednesday eight (8) hours Thursday six (6) hours Friday four (4) hours before I2:00 noon Practices shall be scheduled Monday through Friday per the schedule during the inclusive hours of 8:00am to 5:00pin. ins iay ~ ~~G EXHIBIT C PROPOSED PROPERTY 16 )v~ )3a Prepared by Office of General Counsel Brazos County Exposition Complex Legal Files 2007-0015506 010708-TVC ,64. fa I EXHIBIT C i it S i 1 lOJ na !.4 Ct . fJ!/rilin n.: S..av Jr ^ 0 9urA7 i nvl\4'-0''J~'~\~+4.>D -^7.3 JM-c~,.s..,...C.:~,.~or f.'; '.6G`p '.atenM\~ ~\Ci a~~+IYU Con'1\ I~ ' 131 :-Ir Contract Number 08-DEM-LEPC-1 Page 1 of 10 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT STATE OF TEXAS COUNTY OF TRAVIS PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE 418.043 and 418.044 and/or § 791.011, this agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Governor's Division of Emergency Management, hereinafter called the "STATE," and Brazos County hereinafter referred to as the "COUNTY," serving as a fiscal agent for the Brazos County Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this agreement. AGREEMENT NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The COUNTY agrees to perform in connection with the project a having rendered such services, t services as set out in this agr performed under the supervisio Management (GDEM), represen officer. 1. CONTRACT PERIOD hazardous materials emergency preparedness planning activities stated in the Articles to follow and outlined hereafter, and for e STATE agrees to pay to the COUNTY compensation for these cement. All services performed under this agreement shall be of the State Coordinator, Governor's Division' of Emergency ad by the HazMat Preparedness Officer as the STATE project This agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2008 unless terminated in a manner defined herein. 1b.5 ) 3 2- Contract Number 08-DEM-LEPC-1 Page 2 of 10 2. SERVICES TO BE PROVIDED BY THE COUNTY The COUNTY shall: A. Complete the following project: This proiect will be used to educate the general public on expectations of receiving a call from the emergency notification system and either sheltering-in-place or evacuating Brazos County will produce Public Service Announcements (PSA's) in English and Spanish to convey the message across radio and TV media. B. Provide the STATE the following deliverables: 1) Progress reports as outlined in Section 6 below. 2) Final financial report as outlined in Section 6 below. 3) A separate final project report as outlined in Section 6 below, together with a copy of all public education products. 4) A copy of any contract between Brazos County and any vendor for products or any services related to the project as stated in Section 2 above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the COUNTY in the form of guidance so the COUNTY can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Thirteen thousand six hundred twenty five dollars ($13,625.00) B. The maximum amount payable by the STATE under this agreement is: Ten thousand nine hundred dollars ($10,900.00) C. The COUNTY shall provide a cash or soft match of at least 20% of the total project cost or at least: Two thousand seven hundred twenty five dollars ($2,725.00) The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. 1) Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. l as Contract Number 08-DEM-LEPC-1 Page 3 of 10 2) Private contributions such as corporate contributions of facilities or services such as free classroom space. 3) Voluntary contributions such as firefighter support, emergency personnel support, and the time of any LEPC member. 4) Equipment or facilities used for exercises, whether public or private. 5) Facility space necessary to conduct activities for the grant program. 6) University students volunteering time to aid in collection of data. D. To receive reimbursement for allowable costs, the COUNTY shall submit as attachments to the financial report an original and four copies of all invoices or receipts along with copies of canceled checks or other proof of payment for each invoice or receipt to the STATE for expenses paid by the COUNTY during the period covered by the report. E. To receive the full reimbursement for the funds paid out by the COUNTY during the reporting period the COUNTY will submit, in addition to items in 4D, proof of the LEPC twenty percent match for that reporting period. If the match is in soft funds then the match will be expensed out and will have either the LEPC Chair or Vice Chair signature certifying the LEPC soft match expense for that reporting period. F. The COUNTY shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. G. All payments to the COUNTY shall be made when the COUNTY, and a valid invoice or receipt pays expenses and proof of payment for each expense is submitted to the STATE. The total amount of the grant will be paid when all deliverables have been received and paid for by the COUNTY. H. Reimbursement will be processed through the Texas Department of Public Safety as authorized by the General Appropriation Act. 80th Legislature, Article V. 1. The STATE shall make payment to the COUNTY within thirty (30) days from receipt of the COUNTY's reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. J. The COUNTY agrees to spend the average of the COUNTY's Local Emergency Planning Committee expenditure for planning activities for the past two years, in addition to the COUNTY's twenty percent (20%) cost match for this grant. 5. INITIATION OF PROJECT WORK The COUNTY shai! not begin the work outlined herein until final execution of this agreeme„t by the STATE. Contract Number 08-DEM-LEPC-1 Page 4 of 10 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The COUNTY shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The COUNTY shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the COUNTY. B. The COUNTY's project officer shall render required reports to the STATE's, project officer, including: 1) Four progress reports in the format outlined in Attachment 1 to this agreement. 2) Four financial reports, with supporting documentation, in the format outlined in Attachment 2 to this agreement. 3) A final project report, which shall summarize the work, performed on the project and accomplishments plus a final financial report with all remaining invoices for reimbursement, supported by appropriate documentation of expenses, to include remaining LEPC twenty percent match, along with a copy of all public education products. 4) Progress/Financial/Final Report Schedule: a. First Report (October - December) Due to the STATE by the 15th of January b. Second Report (January - March) Due to the STATE by 15th of April. c. Third Report (April - June) Due to the STATE by 15th of July. d. Forth Report (July - August) Due to the STATE by 15th of September. e. Final Report Due by the 30th of September (See B3 above.) Progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, which require original supporting documentation, LEPC twenty percent match documentation, and the final financial report must be sent by mail or courier. 7. TERMINATION A. This agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the COUNTY as consequence of the COUNTY's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the COUNTY as determined in good faith and reasonable business judgment by the STATE. 1 taS ~ ~ _ 13~ Contract Number 08-DEM-LEPC-1 Page 5 of 10 3) By the STATE for reasons of it's own and not subject to the mutual consent of the COUNTY upon not less than ten (10) days written notice to the COUNTY. 4) By satisfactory completion of all services and obligations described herein. B. Should the STATE terminate this agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the COUNTY. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the COUNTY under this agreement. 8. DISPUTES The COUNTY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the COUNTY in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non-procurement issues shall be settled at the sole discretion of the Governor's Division of Emergency Management. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the COUNTY shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the COUNTY or of any pelsor, employed by the COUNTY. The COUNTY shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the COUNTY, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The COUNTY shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement. 11.ASSURANCES The COUNTY assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. 1~6 i3( Contract Number 08-DEM-LEPC-1 Page 6 of 10 To the extent it applies, COUNTY shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §_.14 (Attached as "Attachment 3"). 12.AUDIT REQUIREMENTS The COUNTY hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. 7500 et seq. (Supp.1999) (Public Law 104-156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The Grantee agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant Orders of the Secretary of Labor. 15. RIGHTS IN DATA A. The term "subject data" as used in this agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio-visual recordings such as films or videotapes; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 1) Examples of "subject data" include, but are not limited to: engineering drawings and associated' lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 2) The term does not include financial reports, costs analysis, and similar information incidental to program administration. B. With respect to all subject data first produced in the performance of this Agreement, DOT reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: 1) Any work developed under the grant, sub-grant, or third party contract, irrespective of whether or not a copyright has been obtained; and bs 3 7 Contract Number 08-DEM-LEPC-1 Page 7 of 10 2) Any rights of copyright to which the Grantee, sub-grantee, or third-party contractor purchases ownership with DOT assistance. C. When DOT provides assistance to a Grantee for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the Grantee that has received assistance to support research, financed under the Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.), understands and agrees that, in addition to the rights set forth in sub- section 15.6 of this Agreement, DOT may make available to any DOT Grantee, sub- grantee, sub-recipient, third-party contractor, or third party subcontractor, either DOT's license in the copyright to the "subject data" derived under this agreement. D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F. Subsections 15.B through 15.D of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. G. If the program, which is the subject of this agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 15.A of this Agreement and must be delivered as DOT may direct. H. The requirements of Subsections 15.A through 15.G of this document must be included in all third-party contracts of the Grantee under this program. 16.THE GRANTEE AGREES A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its third-party contractors, subcontractors, sub-grantees, or their employees to accomplish a DOT function; B. To notify DOT when the Grantee or any of its third-party contractors, subcontractors, sub-grantees, sub-recipients, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains IUS )38 Contract Number 08-DEM-LEPC-1 Page 8 of 10 information about an individual's name or other identifier assigned to the individual. The Grantee may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee, its third-party contractors, subcontractors, sub-grantees, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; C. To include in every solicitation and in every third-party contract, sub-grant, when the performance of work under that proposed third-party contract, sub-grant or sub- agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, sub-grant, or to accomplish a DOT function, a Privacy Act notification informing the third party contractor, or sub- grantee, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974,5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the ACT may involve the imposition of criminal penalties; and D. To include the text of subsections 16.A through 16.C in all third-party contracts, and sub- grants under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 17. DEBARMENT AND SUSPENSION The Grantee must obtain from its third-party contractors, subcontractors and sub grantees the certification required by 49 CFR Part 29. 18. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to DOT in connection with this program, DOT has the right to pursue and impose on the Grantee civil and criminal penalties. 19.PROVISIONS AND AMENDMENTS The recipient agrees that it and its contractors, sub-contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR 110, and any amendment to this agreement. c~ 139 Contract Number 08-DEM-LEPC-1 Page 9 of 10 20.PROJECT OFFICERS The project officers for this agreement are: A. For the STATE: Name: Don Hall HazMat Preparedness Officer Technological Hazards Unit Governor's Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773-0225 Telephone: (512) 424-2197 Fax: (512) 424-5647 E-mail: donald.hall@txdps.state.tx.us B. For the COUNTY: Name: Mr. Howard Hart Brazos County LEPC Address: P.O. Box 1000 Bryan, Texas 77805 Telephone: (979) 209-5924 Fax: (979) 209-5959 E-mail: hhart@bryantx.gov Contract Number 08-DEM-LEPC-1 Page 10 of 10 21. SIGNATORY AUTHORITY The undersigned signatory for COUNTY hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement, and that he/she has executed this agreement, and that he/she has full and complete authority to enter into this agreement on behalf of the COUNTY. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE Governor's Divistori Rtrperger N,afne of Agency lti i B~.h Aut rized Signature ~r 14ack Colley Printed Name Chief Title _ v D to Texas Department of Public Safety as to Funding: BY Si&iatUre Oscar Ybarra Printed Name Chief of Finance Title D e FOR THE COUNTY B Date IcL5 141 UI%Lkl ( Jc1oa J G Titl Contract Number 08-DEM-LEPC-1 Fiscal Year 2008 Hazardous Materials Emergency Preparedness Planning Grant ASSURANCES CERTIFICATIONS 105 I--a Contract Number 08-DEM-LEPC-1 Page 1 of 2 APPENDIX A CERTIFICATION DRUG FREE WORKPLACE ACT OF 1988 The recipient certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, course of a controlled substance is prohibited in the recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: A. The dangers of drug abuse in the workplace: B. The recipient's policy of maintaining a drug-free workplace: C. Any available drug counseling, rehabilitation, and employee assistance programs; and D. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the project be given a copy of the statement required by paragraph (a); 4. Notifying each employee in the statement required by paragraph that, as a condition of employment under the award, the employee must: A. Abide by the terms of the statement; and B. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 5. Notifying the Award Official within 10 days after receiving notice under subparagraph (d) 2, from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)2, with respect to any employee who is so convicted: A. Appropriate personnel action against such an employee, up to and including termination; or I v, I `1! 3 Contract Number 08-DEM-LEPC-1 Page 2 of 2 B. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: 7. Making a good-faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2, 3,4, 5, and 6. Place of Performance 101 6 am?' Ave. Street addre s County, County State, Zip Code Date Brazos County LEPC by: (rJGrne of Grant Recipient) 10 C-,-;, 14+ Contract Number 08-DEM-LEPC-1 Page 1 of 1 APPENDIX B U.S. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING AND PLANNING GRANTS CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE GUIDANCE ON LOBBYING RESTRICTIONS (31 U.S.C. 1352) The Brazos County LEPC (Grant Recipient) Certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grant Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee or a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grant Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grant Recipient shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 for such failure. Date I l1os~ Brazos County LEPC by' 77---z.._.- (Name of Grant Recipient) (Signat of Authorized Official) ads 1+5 Contract Number 08-DEM-LEPC-1 Page 1 of 2 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The State of Texas (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, and HEREBY GIVE ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby give the following specific assurance with respect to the project. 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.239(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, .78 State. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. ins 1 q lP Contract Number 08-DEM-LEPC-1 Page 2 of 2 3. That the Recipient shall insert the clauses of Appendix D of this Assurance in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he. delegates specific authority to give reasonable guarantee that it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in considerations of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, sub-grantees, contractors, Sub-contractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons who signatures appear below are authorized to sign this assurance on behalf of the Recipients. Date L,2,1 Brazos County LEPC by (Name of Grant Recipient) 10C 1'+7 Contract Number 08-DEM-LEPC-1 Page 1 of 2 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations: The contractor shall comply with the Regulations to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State of Texas or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the State of Texas shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: 10-5 149 Contract Number 08-DEM-LEPC-1 Page 2 of 2 (a) withholding of payments to the contractor under the contract until the contractor complies; and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub- Contract or procurements as the State of Texas or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the State of Texas, and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. Date Brazos County LEPC (Name of Grant Recipient) l os M Contract Number 08-DEM-LEPC-1 Page 1 of 2 APPENDIX E ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, permits, or similar instruments entered into by the State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operation on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of the above nondiscrimination covenants, State of Texas shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, State of Texas shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant 1bJ 160 Contract Number 08-DEM-LEPC-1 Page 2 of 2 running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of,.or be otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in deeds]* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 1 /,9)-/ L~ Date Brazos County LEPC by. (Name of Grant Recipient) Authorized Official) X05 lsl Contract Number 08-DEM-LEPC-1 Page 1 of 1 ATTACHMENT 1 HMEP PLANNING GRANT PROGRESS REPORT LEPC: LEPC and Jurisdiction acting as fiscal agent, (if different) For the period of: 1. Project Progress During the Month: (Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each and indicate which tasks, if any, are complete.) 2. Problems Impeding Project & Actions Taken to Resolve Those Problems: 3. Planned Project Work for the Next Month: (Should include a description of work to be performed, major purchases planned, if any. For projects that involve multiple tasks, discuss each. 4. Estimated Project Completion Date: Signature of Local Project Officer Title of Local Project Officer 'I t)5 152- Contract Number 08-DEM-LEPC-1 Page 1 of 1 ATTACHMENT 2 FINANCIAL REPORT FORMAT HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT LEPC: LEPC and Jurisdiction acting as fiscal agent, (if different): For the period of: 1. Project Cost (from Grant Agreement) $ 2. State Share (from Grant Agreement) $ 3. Local Match Share (from Grant Agreement) $ 4. Expenses previously submitted for State reimbursement $ 5. State reimbursement requested this report $ Paid To Date Amount Purpose (An original and four copies of valid invoices or receipts and proof of payment for expenses (in the form of canceled checks, bills marked "paid in full", or other proof) must be attached to this report in order to receive state reimbursement for allowable expenses. To receive reimbursement for the full amount you are requesting from the STATE for this period you must also submit your LEPC match for this period.) 6. LEPC match this report (Local match may be a cash match or a soft match, which could be one or more of the following: A. Salaries, fringe benefits, per diem, lodging, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. B. Public or private contributions of goods, such as paper, or services, such as printing, at fair market value. C. Voluntary contributions of labor by either public or private employees, valued at their normal rate of pay. D. Equipment used for exercises, whether public or private, valued at its normal rental rate. E. Facilities necessary to conduct activities for the grant program, valued at market lease rates. F. Students volunteering time, valued at prevailing minimum age.) 7. State Share balance (Line 2 - [4+51) $ 8. Local Match Share balance (Line 3-6) $ Signature of Local Financial Officer Title of Local Financial Officer IBS Contract Number 08-DEM-LEPC-1 Page 1 of 3 ATTACHMENT 3 § .14 State of Texas Assurances (a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other state-appropriated funds. An attempt has been made below to list major state and federal assurances. Generally, not all of these assurances will be required for any one grant. However, it is the applicant's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding state funds must be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. (3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. i -l) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family Code. which prohibits payments to a person who is in arrears on child support payments. (5) HEALTH HUMAN SERVICES PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Section _.36 for additional guidance on contract provisions). (8) SUSPECTED CHILD ABUSE. A sub grantee must comply with the Texa Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 1v5 ~5`~ Contract Number 08-DEM-LEPC-1 Page 3 of 3 (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a- 1 et seq.). (19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89- 544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) LEAD-BASED PAINT. Subgrantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. (21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103-277, also known as the Pro- Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. (24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at hgp://Nv-wN'.epls.gov. (23 HIV AIDS. Subgrantees must adopt and implement applicable provisions of the model HIV, AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Date l L21 L>y Brazos County LEPC by: (Name of Grant Recipient) (Signatu b? Authorized Official) Document Efficiency At Work.`"' Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of T be ~ State and 1rocal overm nt Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and VAP 705 Cep. y 0 All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part h reof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION ~I'~X_ Z03 ~ ~OU'►~~y C~~" CitzcZOS ~~ux~'v A-ari`r,. ~js~~-7c,TttASieirl ,7ef t91`L~,. C stomer (Bill to) P odt c Loc tion - o ~s 4 x ~p~k 1 U1_4 A ress ddress _ vd>"t it s I X' 77F0.3 av~ r dos T_X 770' City County State Zip City' County State Zip Cgomer Cotact Name: stomer Telephone Number: Fax Number/E-mail Address: +t) ~r 74~ z v) ` t ?7S - 376 c PRODUCT ESCRIPTION ("PRODUCTS") li J i@ v1l a eC, u Quantity Equipment Description: Make, Model & Serial Number Quantity Equipment Description: Make. M 1Pl t ePr;.,t Xr,,.,,t o. n 70 d O HC r r~ PAYMENT SCHEDULE Minimum Term (mos.) / C Cost Per Image Cost of Additios Guaranteed Minimum Monthly/Quarterl /Other Meter Reading/Billing ) ) V~OhT~3 _IQ $ $ y I , For Additional Images _ mages -1 T) C?© M hl Minimum Payment Payment Due Advance Payment (with tax) $ ont y Without T &x p~ _kMonthly Quarterly Apply to 1st Payment Quarterly !.n Other Other Other Sales Tax Exempt t (Yes (Attach Exemption (e•tific ate) Customer Billing Reference Number (P.O.#, etc.) Addenduna(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Chargeshkleters, In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the Guaranteed Minimum Monthly/Quarterly/Ocher Ian-ages in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the uaanufacturer's recommended specifications for supplies, you .agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi .annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the ;actual meter reading upon request. If such meter reading is not received within 7 days, we naay estimate the nunaher of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Noavithstsaariing any adjustment, you will never pay less than the Minimum Payluent. 4. Additional Provisions (if anv) are: CUSTOMER X - - / r - q Title ill I~4 1~ 30C*11te: \uthoriMl Signer R--41, d) I-'- f mh (Authorized Signer: printed name) IKON OFFICE SOLUTIONS, INC. X Title: Date: Authorized Signer (Authorized Signori printed name) 1OCC (ate Document Efficiency At Works' Image Management Plus Commitments h The below performance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, 13A 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON'S normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you eSnmay separately enter into with IKON. IKON will also provide the sup- lies required to produce images on the Products covered under the chedule other than non-metered Products and soft-metered roducts), 2cluding staples. The supplies will be provided according to tnanu acturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 howl for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 howl for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At anv time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Immages require it new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. AdjList] hents to the Guaranteed Minimmum bnages commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON'S election, will either provide a temporary loan- er while the Products are being repaired at IKON'S service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON'S performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection With its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection ofaccurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will he used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. )S7 IKON: Document Efficiency At Work- and IKON Office Solutions'' are trademarks of IKON office Solutions, Inc. S&LG Image Management Plus Schedule 4.04 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: January 22, 2008 ITEM: Request from Verizon Communications to construct a 4'x 8'x 4' concrete manhole and X- CONN (crossing connection) box at the intersection of Stousland Road and Wade Road; a buried cable will be placed 3 ft in the east right of way of Stousland Road extending south for a distance of proximately 910 ft. at a depth of 36 inches. Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: 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. SUBMITTED BY: APPROVED BY: Ric and F. Vance, P.E. Commis oner Lloyd Wassermann County Engineer Precinct 1 CC2008-008 This Request is Date: V I Denied ❑ by Commissioners' Court , County Judge 16~5 )-6? ver~zgn Engineering & Planning 301 Industrial Blvd. l r'80; Bryan, TX January14, 2008 Gary Arnold Brazos County Engineering Office County Engineer .617 W. Hwy 21 Bryan, TX 77303 Dear Mr. Vance: Subject: AGRIVINTB 24 BURIED CABLE Enclosed are Forrri ED-1 s0 and a work location sketch showing the location of our proposed buried cable iirle on County Roads in Brazos County at Bryan, Texas. T_ljis work is to be completed oil `'vVork Order 0410-3POAOKR which is scheduled fUr February 6, 2003. if you have any questions-concerning this work, please contact Charles Allen at our office in Bryan, telephone 979-32-1-4101 within 15 days so that we riiay explain of modify our proposal, otherwise, it is understood that this proposal is approved. Bir7cerely, Brenda aupervisoarJ- Network Engli feet "r BV:ec Attachment dos 189 VERIZON COMMUNICATION Notice of Line Installation Jan 10, 2008 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: At the intersection Stousland Rd and Wade Rd a 4'x8'x4' concrete manhole and X-CONN box will be place in the Northeast corner of this Row at this point a buried copper communication line will be placed T the east ROW of Stousland Rd extending south for a distance of approximately 910' at depth of 36" The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line is in progress VERIZON COMMUNICATIONS 5416-3POAOKR ~~.e1~LGCG~ ~ Ct-~ C~Ca- Brenda Vajdak Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 J 0 0 Q. co cr c c c c D W a c~ c N O c c oc .P O IV c N* R~ D~ MM 0(0-4 =nm XF?O 2 -4 MSG Inr9' N n = m C! 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Z7. 3 P,6 AD KIZ LJ D(L IL L L) C 1~TZ 01`.1 l©~ 1(o3 ~s ac 4 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM ~ r DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: January 22, 2008 ITEM: Request from Verizon Communications to construct a 100 ft. road bore and 146 ft. of buried cable installations in the right of way of Koppe Bridge Road and Meadow Creek Drive at a depth of 36 inches. Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: 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. SUBMITTED BY: Richard F. Vance, P.E. County Engineer CC2008-007 This Request is Approved / Denied ❑ by Date: I LJJ ~ ~ APPROVED BY: %-0 / k Commissioner Lloyd Wassermann Precinct 1 missioners' Court Randy Sim'"ounty Judge VERIZON COMMUNICATION Notice of Line Installation January 9, 2008 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos, County, Texas as follows: Beginning at a point approximately 2645' southwest of the intersection of IGN Road and Koppe Bridge Road, 246' of buried cable will be placed southwest at 5' within the southeast R.O.W. of Koppe Bridge Road. Part of the distance (100') will be a bore across Meadow Creek Drive. The proposed cable will be buried to a minimum depth of 36". The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after January 30, 2008. VERIZON COMMUNICATIONS Brenda Vajdak Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 5416 - 3POAOKV 105 l l0 ~ verizon January 9, 2008 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416-3POAOKV which is scheduled for January 2008. If you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979-821-4752 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, j ft a~ A,, i F r.,~ Brenda Vajdak Supervisor - Network Engineer BV:ec Attachment / - /f o l0-S /67 0 amp I LU - .1 v I Q<f N I 9 / o o cr a Od'=mryI ¢d - n ai-~ - Nl8 1 1 • LL pn013 33 ~°diNgil7i euol VId O NV 3808- <dd> 588 NI H 1.1/bOd/I eel I ° ° ^ 0 S i S►►L R <A)IBtlO , ai-s m N - :I JtSZ > N N'1 1 tddl 1 Ez 'Z 'I g s (dd) Y~. 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