Loading...
HomeMy WebLinkAbout2008-02-05-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 5 FEBRUARY 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 - Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -17: 3. Request from Michael McCleary, Pct.XJustice of the Peace, for the following position reclassifications: a. Court Coordinator: from Group 12, Step 12 to Group 14, Step 12; b. Clerk II: from Group 11, Step 3 to Clerk III at Group 12, Step 10. 4. Budget Amendment 07/08-16.1 thru 07/08-16.7. 5. Request from the Sheriffs Office for permission to transfer a specific employee from Class 1515, Position 3 to Class 1512, Position 14. 6. Personnel Change of Status. 7. Payment of Claims. 8. Order #08-003 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. Office of the County Judge • 300 East 26" St. • Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 1 C)`~' _!O.1` Commissioners Court Agenda 5 February 2008 Page 2 9. Amendment to the Residential Services Contract with Duval County, adding two new programs to associated rates to those set forth in the original contract. 10. Lease Agreement with S.N.S. Investments, LLC for office space in the building located at 1904 North Earl Rudder Freeway in Bryan, TX. 11. Appointment of Tony Piccolo as a reserve non-paid deputy in the Precinct 3 Constable's Office. 12. Treasurer's Report for the month of December 2007 and the quarter ending 12/31/2007. 13. Renewal of the contract with Terracon Consultants, Inc. for engineering services and/or construction materials testing, with no increase in pricing. 14. Contract with Ben Sanford & Associates, Inc. as telecommunications consultant for the jail expansion project. Contract term goes through system cutover in 2010. 15. Assignment of the contract in which Brazos County is the proposed Buyer of a five (5) acre parcel of land located adjacent to the Road & Bridge Department. 16. Payment authorization in the amount of $410.00 to Bryan Broadcasting Corp. for radio advertising of the Expo Complex's Open House. A purchase order was not obtained in advance. 17. Payment authorization in the amount of $606.00 to Kinko's, Inc. for brochures printed by the Expo Complex. Bids were not obtained in advance as is required for purchases over $500.00. 18. Acknowledgement of the Investment Report for the quarter ending 12/31/07 from the County Treasurer's Office. 19. Acknowledgement of the Monthly Reports submitted in January 2008. These reports are available for review in the County Judge's Office. 20. Announcement of interest items and possible future agenda topics. 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. 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. 1& 3 COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 5, 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, February 5, 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. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a request by Michael McCleary, Justice of the Peace, Precinct 1 for the following positions reclassifications: a. Court Coordinator: from Group 12, Step 12 to Group 14, Step 12 b. Clerk II: from Group 2, Step 3 to Clerk III to Group 12, Step 10 Vol i b b Page Commissioners Court meeting February 5, 2008 2 The County Judge asked where the money was coming from at the middle of the budget year. In his memo to the Court, Judge McCleary stated that there would be no increase in the departmental budget but it would change the way the funds are allocated. The County Judge then asked if this would affect next year's budget. Judge McCleary said yes a little then went on to say that he would be asking for more next year. He needs another clerk. The County Auditor pointed out that funding for insurance would not be there for a new employee unless someone quit. Commissioner Peters said that he did not support this at first glance, but thinks this is a rare care. Judge McCleary's office hears 50 percent of all cases. His work load has increased significantly. The County Judge stated that he did not think this was the time to address the issue. The budget process will start in July. Commissioner Wassermann moved to approve the request for the previously noted changes. Commissioner Cauley seconded the request. Commissioners Wassermann, Peters, Mallard and Cauley all voted "Aye". The County Judge voted "No". The motion carried. The Court next considered Budget Amendment #07/08-16.1 through 16.7 that would record receipt of grant funds for the Brazos County Special Investigation Unit; reallocate funds for the Justice of the Peace, Precinct 1, Sheriff Office Vol Page Commissioners Court meeting February 5, 2008 3 Administration and Jail, Jail, Building Maintenance, Information Technology; and transfer funds from Contingency to HAVA General Compliance. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendments as submitted. A copy of budget amendment is attached. The next matter before the Court was consideration of a request submitted by the Jail Administrator for a budget amendment to the 2007-2008 Jail Administration Budget. The Sheriff has submitted a personnel action form to transfer an employee within the department. This is only to move the necessary funds from one position to another. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7046120 through 7046372 Vol Iob Page Commissioners Court meeting February 5, 2008 4 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Order #08-003 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. On motion by the County Judge, seconded by Commissioner Peters the Court voted unanimously to table consideration until the next meeting. The Court next considered an amendment to the Residential Services Contract with Duval County, with an increased rate of reimbursement for providing Intensive Residential Treatment Services. Doug Vance, Director of Juvenile Services informed the Court that Duval County had added substance abuse and sex offender components to the contract as well. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the amendment to the Residential Services Contract with Duval County, with an increased rate of reimbursement for providing Intensive Residential Treatment Services. A copy is attached. The Court next considered renewal of a lease agreement between Brazos County and S.M.S. Investments, L.L.C. of Brazos County for rental of office space in the building located on 1904 North Earl Rudder Freeway, Bryan, Texas 77803, for the Vol 10~ Page Commissioners Court meeting February 5, 2008 5 use of the Justice of the Peace for Precinct 2, Place 2. Term of the lease is for the period of six (6) months commencing on October 1, 2007 through March 31, 2008. The County agrees to pay to S.M.S. Investments, L.L.C. the amount of one thousand seven hundred eleven dollars ($1,711.00) per month. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to renew the lease agreement between Brazos County and S.M.S. Investments, L.L.C. for the period stated above. A copy of the Lease Agreement is attached. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint Tony Piccolo, as a Reserve non-paid Deputy Constable. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Thompson to appoint Tony Piccolo as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for December 2007. A copy is attached to and made a part of these minutes. The Court next considered awarding the contract for Engineering Services for the Road & Bridge Department. Vol 16 Page Commissioners Court meeting February 5, 2008 6 Charles Wendt, Assistant Purchasing Agent, recommended approval of the contract with Terracon for engineering services an/or construction materials testing. They are holding their pricing from 2007. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and approve the contract with Terracon. A copy of the extended contract is attached. The Court next considered awarding the contract for Telecommunications for the Jail Expansion. Pat Howard, Purchasing Agent, recommended approval of the contract with Ben Sanford Telecommunications Consultant. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and approve the contract with Ben Sanford. A copy of the consulting agreement is attached. The next matter before the Court was approval of an Assignment of Contract between Stanford N., Inc. as seller and Brazos County as purchaser for the purchase of the back 5 acres of that certain tract or parcel of land lying adjacent to the Road & Bridge Department property. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Assignment of Contract. Vol b~ Page 9 Commissioners Court meeting February 5, 2008 7 A copy is attached. The Court next considered a payment authorization to Bryan Broadcasting Corporation in the amount of $410.00 for open house advertising on the radio for the Exposition Center. A purchase order was not obtained prior to services being rendered. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization to Kinkos, Inc. for $606.00 for the printing of brochures for the Brazos Valley Bridal Show. A purchase order was not obtained prior to services being rendered. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Quarter Ending December 31, 2007 Investment Report. The Court acknowledged receipt of the Extension Service reports for December 2007 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Vol 106 Page l0 Commissioners Court meeting February 5, 2008 8 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 ` Constable Precinct 4 Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 533 inmates in jail last night. There are 109 on electronic monitoring. 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 10~ Page 1I The foregoing minutes of the Commissioners Court meeting held February 5, 2008 have been examined and are approved in open Court this the Q0 day of 11 2008, in Bryan, Brazos County, Texas. Randy Si County udge Duane Peters Commissioner, Precinct 2 Carey Cauley, Jr. Commissioner, Precinct 4 Attest: C/~ c Karen McQueen County Clerk Lloy Wassermann Commissioner, Precinct 1 Kenny Malla(rk Commissions Precinc 3 Vol 16 Page la //rfn• 1 .I/~ BRAZOS COUNTY COMMISSIONERS COURT s- DAY OF 200 AT c o AM/I Name Organization 01i,w) caleg,e Ccl,-- cjw':- ~V-., Hrlt~,n-" U G ~IVVlnc~.l &166la ~y- A l3 11-241, BRAZOS COUNTY COMMISSIONERS COURT DAY OF 20!~~ AT AM/ Name Organization 6~ M W:lv- 3~sa C I c- Q- Ib~ 1 1~ i BRAZOS COUNTY COMMISSIONERS COURT 67'~ DAY OF 20 0 ~ , AT &/7D AM Name /Os Organization ico I6~ 15 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-16.1 thru 07/08-16.7 On this the 5`h day of February 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 5 February 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 5`h day of February 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 16~ l(P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 16.1 wrumna Department Approv I Date Prepared By: If j Date: 1/29/2008 ty J!Ofe App oval Date 1671 i6~ )7 FUND DIV ACCT 0100 24101100 53300000 0100 24101100 51610000 0100 24101100 53100000 0100 24101100 53200000 0100 24101100 53800000 0100 24101100 53900000, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -16.2 2/5/2008 alth Insurance urly - Staff PROJ RDRUnem ACCOUNT P ial Securi irement rker's Compensation nlovment E Increase Decrease 7, 312.00 6,105.00 467.00 720.00 14.00 6.00 Justice of the Peace Pct. #1: McCleary To reallocate funds to provide for the reclassification and increase in salaries of positions within the office Funding to be provided by the health insurance budget that two employees elected not to utilize. ,A/Ae Prepared By: iq Date: 1/30/2008 County Ju a Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 16.3 2/5/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 60170000 CR Co ier/ Printer Supplies 2.000.00 0100 28000100 60170000 DR Copier/ Printer Supplies 2,000.00 1 1 Sheriff Offi ce Administration and Jail To allocate funds between the Jail and the Administration departments of the Sheriffs Office to redistribute funds to better reflect the actual usage of copier & printer supplies. Prepared By: 1q Date: 1/30/2008 County Judge 10~ 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 -16.4 12iailinno FUND 0100 0100 0100 DIV 8002000 f28002000 28002000 ACCT 59100000 171500000 61040000 PROJ DR/CR ACCOUNT NAME Increase Decrease CR DDEA 642.00 1 DR Rental E ui ment 136.00 DR Awards 506.00 Sheriff Offi To reallocat ce: Jail e funds to p rovide fund s for a fax hoard to the rnmPT of +ho ao*o,.«:.., - ....v.... v.• vv.llbl µ11Y IV VV VGI an overage in the awards account. Prepared By: ifj Date: 1/30/2008 I b~ 1~1) FUND DIV ACCT 3202 282300 48047500 3202 282300 51610000 3202 282300 51620000 3202 282300 53100000 3202 282300 53101000 3202 282300 53200000 3202 282300 53300000 3202 282300 53320000 3202 282300 53800000 3202 282300 53900000 3202 21 0 71400000 3202 282300 61801000 3202 282300 61110000 3202 282300 67281000 3202 282300 80310000 3202 282300 60030000 3202 282300 60170000 3202 282300 60350000 3202 282300 60500000 3202 282300 60600000 3202 282300 60400000 3202 282300 61060000 3202 282300 61120000 3202 282300 61450000 3202 282300 61460000 3202 282300 61730000 3202 282300 61740000 3202 282300 61750000 3202 282300 65200000 3202 282300 65320000 3202 282300 65350000 3202 282300 65550000 3202 282300 65950000 3202 282300 67281000 3202 282300 72680000 3202 282300 71506000 3202 282300 71520000 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 16.5 2/5/2008 7 PROJ DR/CR ACCOUNT NAME CR Grant - CJD DR Hourl - Staff DR Hourl -Overtime DR Social Securit DR Flex Benefit Admin Fee DR Retirement DR Employee Health Insurance DR Em to ee Dental Insurance DR Workers Com . DR Unem Io ment DR Contractual Services-Police Officers DR Travel DR Conference & Seminar DR E ui ment -Electronic DR 800 MhzCommunitcation Sys DR Canine Su lies DR Cc ier/Com uter Supplies DR Food and Food Supplements DR Office Equipment DR Office Supplies DR Investigative Supplies DR Bonds DR Confidential Funds DR Miscellaneous Expense DR Pa ers DR Tele hone - Lon Distance DR Telephones DR Cellular Phones DR Copier Maintenance DR Equip ment Maintenance DR Gas & Oil DR Radio Maintenance DR Vehicle Maintenance DR Minor Equipment Electronic DR Securit Services DR Rental - Office Space DR Rental-Vehicle Increase Decrease 395,778.00 26, 745.00 26,042.00 3.994.00 66.00 6,159.00 5,814.00 96.00 757.00 27.00 34,973.00 3,000.00 1,000.00 6,000.00 43,100.00 1,050.00 250.00 12,000.00 10,750.00 1,000.00 150.00 52,000.00 20,000.00 850.00 1,500.00 10,000.00 4,200.00 1,150.00 11,000.00 37,200.00 9,360.00 12,000.00 7,500.00 445.00 37,000.00 Brazos County Special Investigation Unit Grant: To appropriate grant funds received from the Criminal Justice Department for the creation of a special investigations unit for fiscal year 10/01/07-9/30/08. L.~.~a-stLt N-t~~ Depart ent Approval Prepared By: /J Date: County Judge L- Date Date 0 g-1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 16.6 giamma Prepared By: ifj WFPUILIII Date: 1/31/2008 17 Jud _ Approval Date County Date i D~ aa-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 16.7 l/ti-2nno Prepared By: in Date: 1/31/2008 J--b~ ;U PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 05, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests ,1- j l~ Department Submitting Request(s) Employee Request Applies To Action Request-- District Clerk Kessler, Lori Resignation Road and Bridge Bridges, Bernard Jones, Mark New Hire Terminated Justice of the Peace Pct. 1 Guzman, Gina Box, Mary Reclassification Promotion SO/Jail Currie, Michael Transfer within Dept. Approved in Commissioners' Court: February County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) I up a + STATE OF TEXAS COUTY OF DUVAL Amendment to Residential Services This Agreement is entered into by and between DUVAL COUNTY JUVENILE BOARD , Texas, hereinafter called "BOARD", a body corporate and politic, at the request of and in behalf of the JUDGE RICARDO H. GARCIA JUVENILE DETENTION FACILITY, hereinafter called "DEPARTMENT", acting herein by and through it's Juvenile Board, and BRAZOS COUNTY JUVENILE PROBATION, hereinafter called "SERVICE AGENCY". This Agreement is entered into in accordance with the provisions of the Texas Juvenile Probation Commission and Title IV-E by this Agreement, and in consideration of the mutual promises set forth below, agree that: ARTICLE 1- PROVISION OF SERVICES The SERVICE AGENCY represents that it is certified by the State of Texas ad/or the appropriate certifying organization. The SERVICE AGENCY agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities or secure post-adjudication facilities: NOTE: Specify here the level of care to be provided: Residential Drug Treatment Secure Post Adjudication Facility- Standard Behavior Modification Sex Offender Program Levels of care and services to be provided at each level are those recommended be the Texas Juvenile Probation Commission's Residential Rate Schedule and Definitions for levels of care. A. For and in consideration of the above-mentioned services agrees to pay the SERVICE AGENCY an amount no to exceed: (PLEASE SUBMIT QUOTES FOR THE LEVEL OF CARE OF YOUR FACILITY LICENSE> Note: If requested quotes are higher than allotted for by TDPRS, the contract may voided.) Your Quote 1~ ~ Secure Post Adjudication Facility - Boot Camp/Behavior Modification - Sexual Offender Program - Residential Drug Treatment $90.00 per client per day $120.00 per client per day $120.00 per client per day This fee does not exceed the actual cost of childcare in the SERVICE AGENCY, which is the above contract rate per day and does not exceed the amount allowed in the current CJD Maximum rate Schedule. All title IV-E juveniles will be billed at the appropriate Title IV-E rate. B. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the SERVICE AGENCY, such as weekends, holidays, etc., and that the SERVICE AGENCY must retain space for this client until is return. The DEPARTMENT will pay the SERVICE AGENCY the above agreed-upon amount for such regularly scheduled days away from the SERVICE AGENCY or its program providing they do not exceed ten (10) days at one time. C. If a client makes an unauthorized departure from the SERVICE AGENCY, the Probation Officer shall be notified immediately. If the client returns to the SERVICE AGENCY within ten days or prior to the last billing day of the month, whichever shall occur first, the SERVICE AGENCY shall receive payment for those days the client was absent from the SERVICE AGENCY, but not to exceed ten days' payment. D. The SERICE AGENCY is under no obligation to retain space for the client in unauthorized departure situations. E. Payment is to be made monthly. Claim for payment will be submitted no later than five (5) days from the last ay of the month for which payment is being requested. Invoices for services need to be mailed to_ Judge Ricardo H. Garcia Juvenile Facility P. 0. Drawer 989 San Diego, Texas 78384. F. Each billing must contain: • The name of the client(s); • The number of days (stated consecutively) for which payment is being requested, and The daily rate of services billed. G. Situations which arise and effect payment for services which are not directly addressed by this agreement must have written approval from the DEPARTMENT. ia~ a~ H. The SERVICE AGENCY is under no obligation to accept a client who is deemed inappropriate for placement in the program by the SERVICE AGENCY. I. Under Section 231.006, Texas Family Code, SERVICE AGENCY certifies that the individual or business entity named in this contract is not ineligible to receive the specified grant, loan, payment, and acknowledges that this contract may be terminated and payment may be withheld if this certificate is inaccurate. J. The SERVICE AGENCY agrees to provide the services described herein in order to achieve the performance targets specified by the County and Board regarding: 1) Rates of successful completions of residential diversion placements; 2) Recommendations and rate of commitments to T.Y.C. 3) Specifically, at least 60% of juveniles referred will successfully complete placement; 4) At least 50% of juveniles completing placement will show increased educational/vocational advancement. FAILURE TO MEET SPECIFIED PERFORMANCE TARGETS OR TO COMPLY WITH CONTRACTUAL PROVISIONS WILL RESULT IN SANCTIONS UP TO AND INCLUDING TERMINATION OF THE CONTRACT. . 10 )J PLACEMENT FORM LEVEL OF CARE & DAILY RATE VERIFICATION Placement Date: Juvenile Name: PID Number: Name of Facility: Facility Address: Facility Phone: Level of Care: Moderate @ $90.00/day Specialized @ $120.00/day (Sex Offender Program) Specialized @ $120.00/day (Residential Drug Treatment) Probation Officer: PO Signature Date Signature of Facility Rep. Printed Name Date Any change in level of care or daily rate must immediately be reported to Judge Ricardo H. Garcia Juvenile Facility. 'vt 1 Ashley V. Barrera, Director Judge Ricardo H. Garcia Regional Juvenile Detention Facility o a-y c4vx-,-~, Chief Juveni a Probation Officer Brazos County BRAZOS COUNTY COMMISSIONERS COURT: (If Applicable) COUNTYJUDGE COMMISSIONER, PRECINCT I COMMISSIONER, PRECINCT 2 COMMISSIONER, PRECINCT 3 COMMISSIONER, PRECINCT 4 106 DUVAL COUNTY COMMISSIONERS COURT: ABEL ARAGON COUNTY JUDGE ALEJO C. GARCIA COMMISSIONER, PRECINCT I RENE M. PEREZ COMMISSIONER, PRECINCT 2 NESTOR GARCA, JR COMMISSIONER, PRECINCT 3 GILBERTO URIBE, JR COMMISSIONER, PRECINCT 4 .36 s LEASE AGREEMENT This Lease Agreement is made and entered into this 5-i~' day of 2008, by and between S.N.S. INVESTMENTS, L.L.C. of Brazos ounty, "Lessor," and BRAZOS COUNTY, TEXAS, "Lessee." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 3,540 sq. ft.) in the building located at 1904 North Earl Rudder Freeway, Bryan, Texas 77803, which includes electricity, natural gas, water and sewer along with restrooms (the "leased premises"). The leased premises shall also provide handicap access and surrounding area for parking. TERM The term of this lease shall be for a period of six (6) months, from October 1, 2007 through March 31, 2008 and continuing thereafter as a month-to-month tenancy until either party notifies the other of the intent to terminate the lease. The notice of termination will be in writing and will be effective on the next rental date and no less than thirty (30) days after the date of the notice. The term of this Lease may be extended on the above- described termination date for successive six month terms conditioned upon the County budgeting funds for such lease and payment out of currently available funds. Renewal and month-to-month tenancy shall be on the same terms and conditions stated herein and shall be accomplished by Lessee addressing a letter to the Lessor at least thirty (30) days prior to the termination date, requesting a renewal of the Lease. Lessor shall respond within ten (10) days of receipt of such request by the County. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of ONE THOUSAND SEVEN HUNDRED ELEVEN AND 00/100 DOLLARS ($1,711.00) per month on the first of each month. Lease Agreement Page I of 7 Lessor- Sp$ Lesse IZ5 lob '3i USE OF PREMISES The leased premise shall be used as an office, court and storage facility and Lessee shall not permit the leased premises or any part thereof to be used for: (a) the conduct of any offensive, noisy or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, free and harmless from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of Lessee, provided that nothing in this agreement shall expand or enlarge the liability of Lessee greater than that of the Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, at his expense, be responsible for fresh water lines to the building. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of the buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable Lease Agreement Page 2 of7 Lessor- ~S Lessee• /0 32 casualties excepted. Lessee shall keep the grass mowed and trimmed around the building. DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense. The rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction exceeds twenty-five percent (25%) of the replacement cost of all buildings and improvements located on the leased premises. If more than fifty percent (50%) of the total floor space of the leased premises is rendered unfit for Lessee's occupancy, this lease may be terminated by either party by provision of ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall become uninhabitable and repair and restoration can be accomplished within thirty (30) days, Lessor may, at his option, either repair and restore the damaged building and improvements or cancel this lease and return any and all unearned rents previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all buildings and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. UTILITIES All charges for electricity, water, sewer, natural gas and other utility services shall be paid by Lessor. IMPROVEMENTS All alterations, changes and improvements built, constructed or placed in the leased premises by Lessee, other than movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the termination of this lease. Lessee shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lease Agreement Page 3 of 7 Lessor.' CY $ Lease 10~ ---1.3 Lessee to make or place any such alteration, change or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. Consent by Lessor to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor shall be void and shall, at the option of the Lessor, terminate the lease. LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complies with by Lessor, and such violation of failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BY LESSEE Should Lessee be in default for a period of more than fifteen (15) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that, in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. Lease Agreement Page 4 of7 Lessor: i►DS Lessee: 1 Div J4 SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now existing on the leased premises by Lessor. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all buildings and improvements thereon, provided, however, that the right of inspection shall not exceed to any record, the disclosure of which is prohibited by law. PARKING During the term of this Agreement, Lessee shall have the non-exclusive use in common with Lessor of the automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Tenant may provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees to accomplish this purpose. NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either patty to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, TexCon General Contractors, Attention= Mr. Carey Smith, at 1707 Graham Road, College Station, Texas 77845; addressed to Lessee, Brazos County, Attention= County Judge Randy Sims, 300 East 26th Street, suite 114, Bryan, Texas 77803, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. Lease Agreement Page 5 of 7 Lessor CV Lessee• 10 36 USE OF OFFICES The leased premises are to be used as office space and courtroom for the Justice of the Peace for Precinct Two (2), Place Two (2) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at 1707 Graham Road, College Station, Texas 77845. ATTORNEYS'FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as may be granted, to a reasonable sum as and for his attorney's fees in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION If one or more of the provisions contained in this agreement shall be held to be invalid, illegal or unenforceable, it shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Lease Agreement Page 6 of7 Lessor. -Lo Lease 10 AMENDMENT No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto. LESSOR: S.N.S. INVESTMENTS, L.L.C. By: C.- ~ogw Carey Smith Authorized Agent LESSEE: BW By: ATTEST: B • 37 .1 1 - Karen McQueen County Clerk Lease Agreement Page 7of7 Lessor, L347 Lessee• 16~ 3 -7 _r Z The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of ` G r A.D. 2008 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of Lloyd Wassermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Treasurer's Report for the MONTH of DECEMBER 2007 AND THE O/E 12/31/2007 .39 Kenny Mallard, issioner Prec ct #3 ~~pp IO IM IM V• 01 IM t0 M lM O N Qf 1~ LM N 0 r1 N LA m pp OD .-1 V) N C H M O OD M In 0 l0 O In Ol S IO O O M d pp OD IM 00 01 IO p~ OI vl N r4 .-I vl ' N N O 0l O ^ ^!f 1 ~p V' p ti p V' I ~ O R M ti um1 M ! H n n n G ~ M ' h OOi N O ' : N pp O O pp~~ OI 00 Ln V 01 P q LO f0 O F N U \ N I~ n N In N U) w O Il t0 CD ~O M - t0 I~ V- CO l0 o N CZ to M to d n N Co w o+ - n O N N %O O Ln N V1 M V. 1, M lA C, O tD 01 O ON N n ' -1 O l0 N N M IA .-1 .ti ..1 N VVV"' M M IA Mi 00 M U m 7 ° ~ n M cc O M n N co d1 01 W O ~ p P ~ N tr; N H W N N > z CA P, n C4 01 f~ N m I!f O 7 Ol I, m IO lG m IA -1 00 V" ~ O O N Of i N In i N 01 C .-1 N M OD ' Lo w OD - t0 N m M M ' O w N M N M m m ~D 01 , V1 T O OD %0 D O O M V' - OD 00 ' cm 00 N ? O N 01 01 ~ 1!) N M N O i OR OR V: V' D 'S O O M I~ lfI V' . O O .-1 O ~-1 . O~ OD V• ' V ~-1 M IA M lA V N w m I V7 01 O O W IA ' V N O~ N . I co O O O, " M Il1 O V. Q N \ O .-1 n N IA m .-I O IO o M V' 00 IO D7 O Ot N V Ot l0 M IO m il n .•I n IO lM OI e-1 1~ O .-i N M IO Ill IM V V' M I~ M an V V O _ V Q1 O O N M ti 'N Ln (O M N al m Ip to r4 r, 10 N tD M 7 V I, IA C. .-1 .-1 m 0 '-1 r, N O N M M .ti m ti Ln . 1 t0 V' m M 01 IA l0 ~O lA m .-1 yj in m Ir M VG O Iff 00 .-I O O M LM O Vl O O M N IM I rl O m 0D O O ID V, Vf N - N N Il n r1 o O a O 01 V' M N V) IA O co O O ' : O C W ~ O O V' t0 V' n M O M l0 00 ' N M ~ n I-I ' m 'Ni OD N t0 N 6 O N N ti IM V 00 ' e-1 Ot M n I~ 00 N M O l O C H O O cc m 1 I~ N n N O M V ri M .i I N M M .-1 O ti . i M N O I t 'i IM M N N O O i N n M 0 m m N ti n O ti 8 N cc- V" I II V1 vl OI Ol C 00 OD I~ 0+ N Ill et O lA ID Io O 00 Cl O o lA q O OR r, IO .i N N O? OD co 0 vl r% M O 00 M I~ V N D m O O O M V: w w N ID .i N OI C m N + In r rn O a, O ^J J m 7 a 1~ n M l0 w d• 10 1l1 O n 10 O M N w IA m e~ n N m If1 .r M w l0 V- 1~ O Ill M t0 OG O V' lD M -1 OD N 0 V' lA V' N ~G O OD i1 ~C N lD o 00 D VI M 01 co F 1f/ N N ti W O n M N n V" n IO Il V' IO O I"t C N! . M ' i V' M 1t P% lp c 1. O O n 00 M O O 00 O H M .I 7 Cl Ql l0 In IO N O I~ ES t0 N M r\ O .-1 N Vl O IM al to N O rl n to 00 O1 In N O I~ M N p O w d• m M v, I, M m IM V1 ID N OD 01 O D .-1 0 ri. ? M m a, 4 0 0 pI rl 7 r M vi J d0 W c M O O K W I n M N In R I~ F 1- 00 00 C W LU W n" Z w N N N 7 2 8 O n N co co Vf M O en n c 0 7 I~O N N rn N IiS 1~M O~1 ^ tM0 N V• Ln: O IM ti n l0 Ol +-1 ri IM 0D O OI N M V- pppp N IM M .ti w m m m N m I- -I t0 N N N I O N a+ N m O O N M a m N I~ IM O N p~ w 00 IO M -1 0A Z V" V' W N M . a l0 n M O ' N M O .ti OD . 7 V" , I% v 01 QD 01 V. V. f~ N J N 10 00 O V• N co %0 Ln M N V. 'r 00 0l M O o lMl O N ao N O Vl N 0 10 ~ 10 H H . N V n ti Ill M M M I~ IO O O N co M IO N M co O O O 1M 0 IO 0 n V: V' M N O M Of N m M~vl N N N I~ v tp IM l0 a0 M M M N O co I OI d: N Ol I~ 1~ b N pl 7 N N 1 .-1 ..yy 00 O o t0 V: V m CO M N N lM N 001 Z O 4 N 0+ In m O o, O N Ol CA V' pp IO ao N O M 01 O f~ O a of - 10 Ill go m M M t0 IA %0 Y M M .-I n OD O m Qo N co rI O O N O pQ P I! OI OD n co rl O co V. a0 O O M M IO w OD M Ot to O M m 01 Vl O •a ¢ \ M ti D7 v 00 m IO 1, l0 OI IM IM w .-l V' M OI V1 00 .Z OD .-1 IO Vl IM N O I~ M N V• O V• 7 lM M V' V' IO M M N lO rl tp ~p N LM V' OD m f0rl l0 N M V' 1M .-I .-1 .-1 Q1 H in M l0 l0 M 41 '1 z Z ta LL O z i 0 f FF- Z f Z j3L FFZF--- w w U Z F LU Z Z p LL D O 0 p z `d 3 Z LL a u@ z LL R 2 z o m g z ~ o o r r- r 2 z m I x 'n ~ ~ y M O 0 2 I- Z O Z J Q a j LL } C' 0 W ZZ 8 ~ [ {OLLTC{ F Z W N W 1- ~~y{ QV W a Y ¢ Q j t/1 Of { ZQ- f 6 O F LL W z U z o R CO N twL VyI - [t1w D z LL j i w F w F Z 7 W n J U T p O U ~f F @J IQ x V Z U. W C (7 J J w sn h Q~F O W ] w W O I~ L U IL - Li l - g y co Z¢ K ~ W Q d {y U V ~ W U J F O OC 1' OC 1" ' r V , C W tll IM n1Ai N M Z m 2 7 µ µ11 F- ¢ 3 ~ Vf O p W f O C p F C w _ ¢ p o O ? LL ug Q g a q ° O O Q f j ~ w c~ p u p s ril z 0 g ~ ~ u p V :S O o vl O > = u p v f u ~ N j w ~ OO ci ci y j x Q o ~ x O v W c7 n n a n U 0 0 0 .-1 0 0 N 0 0 - 0 0 N 0 0 M M g I~ 0 o 00 0 o Ol 0 cba 0 o N 8 o 1 a N 0 o M g lM O g N $ 00 0 00 o 0 01 0 0 O 0 0 M ~ 0 N o 0 vl ln 0 N o M c8 8 co 8 T § O 0 0 O 0 0 0 0 I~ O O 1 . .d N ti r1 rl rl N N N N N N N N N N N N M M M V' P V' V' V' V' IM IO 01 Ot V' Q Ml V N C O N d F C O U O N V lG a R~ VNN I. NC N EC U a0+ M C N A L~ E N ! O. N H lb~ 3'~ J ~~pp b V1 II'1 N t0 M VI pppp w p S r4 0) n In r4 0% ti N l!1 00 pp OD r1 LO N O1 N fh O co M n Ln Oh 10 O, m m pppp Lp O O M pppp 00 V1 W 01 LD p~ 01 N N N O 00 d• V N ^ O m l!f n O n N n Ln LG + ri LO M M n M O M V' M .-1 M M Vf v n r4 n L+1 LO ~ 4 M n Ln C 01 00 N O ' V' N N 01 pp LO n 00 M O Oi 0~ Ln Ln ~f ; N M . . Y1 N . Z O O O1 t0 tD n ti OL n ti M M O C V O 11AA (+1 1% F U N N LA IA tD O n Qp - LO V' La O N n O1 M O OL N Ln n OL LA n N b O V1 N IA M M 0 1 O O1 OL ~p u1 .-L M O LO N N M Ln .-L rl 1 N v M N t0 IA 'N 00 U u0i p M M N LD cq LO W m O 00 F VI r, Ln Lr) In In Z n ~ ~ n w N : [d OL n N Ln lA O v Ol n LJ] l0 M Cl w V' % O O N CL N Vf N Ot .-L N LA 00 ' w 00 .-L LO N a, M O CO M n Ln 0% LD Ot In Ot Op t0 O O M V' 00 00 In 00 d' O 01 01 1!1 N N O 00 Vl 7 ? 01 O T. M N LA O 0 .-i = m .y Q1 O 00 M V Vl Lm n M M ~ V' n N n M b .-1 m n Ln O t O O O V' Vf N N OL N N n w M O O) Q7 V1 LA 00 _ O N m r% LA b M N 00 OD 0t lD b n . i t0 Of r% .-L M + V• M M V• O .-L v O M ~y r O \ m 4 N T t4 m LD Ln 'D N ^ pp LD N D M V' LO .-L O N N Ln 01 M O 0) rl n m n OL M H O n N N LD O In N N M n M .-L lA OL eJ Ln .r • OL OL M O CL Ln N LO t0 Z Ln l!1 ~ 60, ~ l W j O S\ m N M . N ~ It f fl 00 ~-L O O M Ln O Ln O O M .-L M N Ln n n O 00 m O (D Ln N ti N n n O O O O OL O v ri N 10 Ln O 00 0 Op p W M O O tp 7 n M O M LD pp N m n P, M ti 00 LC LD O N N M 00 f+l IAI n 00 N M O e~ M O Ln N 1' N O M Q' M I' .-1 N O N S S Ln N 00 N ~O~pp N M O m N N N L A n O N N V O Ln L n tD A w Ln OL p 0 00 O^i Lail O? b O C), O O 00 LO N Ol OD LO n M OOD n V' N .may ID O V 000 b N (7! N .tea O Obi J V1 ' LA O n N n Vf LA LG O v O 0 m O O N N ID O M N S O Ln M n N M to M %0 LD ' V' N O w m lD OD O (6 00 N O V' !n • ' N LO O WON LOn LO00 00 00 lAM 01CO O , O N T O O H M O OL m LD m n D 2 A n M co .a C L N Ln co 01 n lD N LD 0 r n In V co OL LO lA O N n O n N M N LD O M 00 ' .-1 A V V' M n ttt000 Ln N Ln 1~ N t0 M t, 9 co O N te M n L O LD CO N m V' t0 N N N M In V M M LD IA lb 01 c . a O .-L O 01 O N y h to J ti ^ H M R M N N O R O N H F co OD p W ui H j Z w O n N N n N n T pp l0 t0 LD O O 01 Pt O N 00 Si co 01 01 Ln w M m O to n N V' O V' LD N n V' N 01 <0 N tD lD .-I LA ti 01 n M IM LD N n V' In yl O (7 Z Ln n n LO Oi .-1 Ln 7 O T N M N In H 00 OL T Of N M n .-L O N N n LD n O1 N OL O O N M H OL N n V1 O n N V' OL Ch LD Ln 00 N LO OL n : w V' 7 O N M C i t0 'V' 1~ M 00 N M C 00 V' V" N 00 OL V' 1~ N , M 00 .-i d• N 00 N ti M N ~t V' fl, 00 Ln OL N - L M O o \ M V N .y 7 d• O ..a LO v- .4 r 0` : LD N z N .-L ti' N H N W U ^ Z O L!f Of M M M Ln n tD O OL (>D n N a0 M w (n N M W O O O O O N O O O QL n V V n M N O p~ VV 01 M OL N Ln N M N N M N t w LA b N w M 7 M M N V' O w Ln M 0+ 7 n m N O1 M 00 n n w .-L tD N O N OL V' O R N N l!f T n 00 O OD O lL m LO M lb LG OL O .-1 M N lD N N M Q) - r O O 01 a J N LA lD LD Of V' tD N M O O OL t. 00 M tD LO O N - O N O O V' % - v S l0 00 M M Ln 6) \ m 0 M .^-a 00 tD ee~~ OD m tD n LD N e LA N 00 V' M • e In w .-L ti w ti LD LA m N O n M N e} O In M lD M 00 M O Ln M .-L N LD O LO M N Lfl U) 0; 1 r1 N N M d m .-I OL M Ln M b l0 M a z Z o Z z z tai ~F- O in z LL. r~7 W JO f p Z O O {A I~i LL L~1nJ Z a! E 3 W ° LU Q Z Z LL f c~ Z ~ ~i (LAA O Z z V O O p W z p O ~ 7 Q Z W W W W LL g N 5 V . A W 0 O Z W ~ Z Q Q d' J Z H f O d' f 2 W LA U LA ¢ Y U u tY 8 Y LL ¢ O a~ r p IA Z O 7 L 1, 6 I l1 0 L ~ 0 R W M O $ `A "'W r a J yam. [ : O F Z p Z = a = 2 p L" W p Z O l1 UJ 'd l~yj rz W W 1A 0 ° W d Cd LL o S U S F Vj QQ 1 ~j j J F r VLy~ J Ly O W 7d U Z ° N W p N W LL `J a VI r Z D W , Z O LL J a W ~ U J W ~Sy ? Z RLu' W 1 _ } Q Lu Ly U J L~ V LL J F" O Z Z J OC ` r U W W U c1c w g i l7 p O U = Q Z O i S F Q 7 9 O 8 U O G Lu a ¢ G ` 5 F 0 Q U r 5 O D: f y~ $ p Z X O U O U a . i ~ L il > U U s s U l7 S ~ O N 0 O 0 O N 0 O M p O LA 0 O n 0 O = 0 O O O 0 O 0 O 0 O N O N 0 O M 0 O O d d 0 0 0 o " 00 O N LOrf N o Lp S t0 p ((pp O p G p o O p p 0 O 0 0 r1 vi r1 I rl H N N N N N N N N " M M M V' V' V' V' V' IA O OL m 6 N a n O °N W m W U p 4 4a U fl Cl N 1 G O 7 d F C 7 u 0 2 m a t 7 v° NC N .C U 0 8 C A a~.1 m LY E N 41 CL N H a January 23, 2008 Mr. Richard T. Vance County Engineer Brazos County of Texas 2617 Highway 21 West Bryan, Texas 77803 Re: Brazos County of Texas Engineering Services and/or Construction Materials Testing Brazos County, Texas Dear Mr. Vance: Irerracon Consulting Engineers & Scientists Terracon Consultants, Inc. 6198 Imperial Loop College Station, Texas 77845 Phone 979.846.3767 Fax 979.846.7604 On June 26, 2007, Brazos County of Texas entered into a contract with Terracon Consultants, Inc. (Terracon) to provide Engineering Services and/or Construction Materials Testing on Brazos County projects. This contract expired on December 31, 2007, but can be extended by mutual consent of both parties. Terracon would like to continue to provide the noted services for the year 2008. These services would be provided utilizing the Schedule of Services and Fees agreed upon in our existing contract. If Brazos County of Texas would like to extend the existing contract until December 31, 2008, please sign the authorization provided below. It has been a pleasure working with Brazos County in the past and we look forward to continuing this working relationship. Please feel free to call me or Matt Miller, P.E. at the Terracon Brazos Valley Office. Sincerely, TERRACON CONSULTAN NC. -27~~ C~~~-- William V. Jaco , P.E. Principal/Office Manager In c Matt C. Miller, P.E. Construction Services Department Manager NP C}V*-CvZ-- /AJ P"34c, OL, Delivering Success for Clients and Employees Since 1965 More Than 95 Offices Natiogi~e ~Vt(/ Date: c) CONSULTING AGREEMENT THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford & Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as CLIENT. WITNESSETH WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution of certain telecommunication problems it has now, or anticipates encountering in the future; and WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth; NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: CLIENT HEREBY engages CONSULTANT for the period of twenty-four (24) months to render the CLIENT such consulting services as are more particularly described in the attached "Exhibit A", which services CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. II CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency. III A CREDIT CHARGE of two percent (2%) per month on the unpaid balance shall be charged to CLIENT on all invoices remaining unpaid for more than thirty (30) days, and all costs of collection, including reasonable attorney fees and expenses, shall be borne by the CLIENT in the event any invoices are not paid-in a timely manner. IV THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be of no force and effect unless embodied in writing and executed by the parties concerned. Signatures below must be dated within sixty days of one another. Offered By: /&V,/ 'S . Ben Sanford Ben Sanford & Associates, Inc. Company President Title Date / D! company Title ~i Date 4~ EXHIBIT A JAIL EXPANSION 1. Evaluate connectivity options with the Detention Center/ Sheriff's Office switch. 2. Assist County IT Department with inside cabling, outside plant and construction issues. 3. Assist Sheriff's Office personnel with instrument, voice mail and other issues of interest. 4. Interface with IT and PBX vendor as needed. 5. Coordinate with Verizon regarding local services as needed for switch and adjunct services such as elevators, alarms, etc. 6. Assist with personnel move from Courthouse issues. 7. Assist with and approve cutover. 8. Assist with post-cutover issues and changes. EXHIBIT B FEE SCHEDULE Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage, printing, and other misc. items). Automobile travel shall be expensed at .55 per mile. Total Fee for Services Shall Not Exceed $7,375 (59 hours), plus estimated expenses of $2,000, for a total of $9,375. Invoices shall be rendered monthly, or at completion of major tasks. Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses. FEE INCLUDES A ONE YEAR FOLLOW-UP FOR ANY RECOMMENDED PRODUCTS OR SERVICES Initials: BSA Client BRAZOS COUNTY PROPOSAL .TAIL EXPANSION 012508.130C 10~ 4,3 APPROVAL OF ASSIGNMENT BRAZOS COUNTY, a political subdivision of the State of Texas, as Buyer in the Contract, hereby in accordance with Section 13.01 of the Contract consents to the foregoing assignment and agrees to look to Assignor and Assignee for the proper performance of the Contract. DATED: JamaWy 5-, 2008 BRAZOS COUNTY, a political suj4ivisiorj4 the tS -of (L as By: DY SJAIfS, Brazos County Judge [The remainder of this page left intentionally blank.] Assignment of Purchase and Sell Agreement Page 3 1o~ 44 ASSIGNMENT OF PURCHASE AND SALE AGREEMENT For value received STANFORD N., INC., a Texas corporation ("Assignor") hereby sells, assigns, and transfers to TEXAS KJ INVESTMENTS, LLC, a Texas limited liability company ("Assignee"), all Assignor's right, title, and interest in and to that certain Purchase and Sale Agreement ("Contract") dated January 8, 2008, executed by STANFORD N., INC., a Texas corporation, as seller ("Seller"), and BRAZOS COUNTY, a political subdivision of the State of Texas, as purchaser ("Buyer"), for the sale by Seller and the purchase by Buyer of the back or rear 5.00 acres of that certain tract or parcel of land lying and being situated in the Stephen F. Austin League, A-62, in Bryan, Brazos County, Texas, and being a part of that 21.00 acre tract of land conveyed to L.P. Scamardo, et al, by E.D. Tullis, et ux, by deed recorded in Volume 179, Page 424, Deed Records, Brazos County, Texas, containing 10.00 acres of land, being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by this reference. DATED: January 23 , 2008 STANFORD N., INC., a Texas corporation By: SANH TRINH, President [The remainder of this page left intentionally blank.] Assignment of Purchase and Sell Agreement Page 1 0 ~S ACCEPTANCE OF ASSIGNMENT TEXAS KJ INVESTMENTS, LLC, Assignee, hereby accepts the foregoing assignment, agrees to assume and perform all the duties and obligations to be performed by Seller under the Contract to the same extent as if Assignee had originally been named as the Seller in the Contract, and to indemnify and hold Assignor harmless for any liability for performance or nonperformance of the duties and obligations assumed by Assignee. DATED: January Z3 , 2008 TEXAS KJ INVESTMENTS, LLC, a Texas limited liability company By: Aooe~~~ S NH TRINH, President [The remainder of this page left intentionally blank.] Assignment of Purchase and Sell Agreement Page 2 / 0~ q-6 J EXHIBIT "A" [Legal Description of Property] All that certain land or parcel of land, lying and being situated in the STEPHEN F. AUSTIN LEAGUE, No. 9, Abstract No. 62, In Bryan, Brazos County, Texas, and being a part of that 21.00 acre tract conveyed to L.P. Scamardo, et al by E.D. Tullis, at ux, by Deed recorded in Volume 179, page 424 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at an iron rod at the North corner of said 21.00 acre tract, said iron rod also being in the Southeast rlghl-of-way line of State Hwy. 21: THENCE S 44° 45' ST E 1048.70 feet to an Iron rod for comer, THENCE S 65° 27'30" W 208.88 feet to an Iron rod for comer; THENCE S 43° 41' 18" E 207.80 feel to an iron rod for corner in the Northwest right-of-way line of the Mlssouri-Paclflc Railroad; THENCE S 65° 32' 49' W 194.20 feel along said Railroad line to an Iron rod for corner; THENCE N 45° 11'45" W 1212.59 feel to an Iron rod for comer In said State Hwy. 21 line; THENCE N 58° 59'07" E 402.68 feet along said Slate Hwy. 21 line to the PLACE OF BEGINNING and . by containing 10.00 acres of land, more or less, and being the same tract co 2 eyyed~ta Reco dd of Brazos East Texas Mack Sales, L.P., by deed recorded In Volume 3908, page County. Texas. I o~ 47 KAY HAMILTON County 'Treasurer Brazos County Courthouse 300 E. 26th, Suite 313 DATE: January 30, 2008 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 12/31/07 Investment Report Bryan, Texas 77803 (979) 361-4340 This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 4.7329% on the quarterly average balance of $2,236,025.94 invested with TexPool for the period ending 12/31/2007. Investment interest deposited during the quarter was $26,897.20. Actual ending balance for December 2007 was $2,272,519.86. The average Earnings Credit Rate on checking account interest for the quarter ending 12/31/2007 was 4.0366% netting $444,303.31 on an average depository balance of $43,789,546.79. Total year-to-date interest earned $471,200.51 Investment Strategy During this period of investing in an unstable economic environment, it seems prudent to protect County funds by keeping the majority of funds available for investment in the County's depository where all funds are 110% collateralized. The County also maintains an investment account with TexPool which, though not collateralized, does provide the safety of an overnight market. As TexPool rates are increasing to a position of being competitive with Citibank rates, it may become judicious to increase the amount of County funds invested with TexPool and to investigate the benefits of participating in a money market fund that is SEC regulated. At present, the County's investment strategy remains unchanged with a concentration of County funds in the Brazos County Depository. 10 UU Sims, County Judge Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at Citi Bank of Texas. INTEREST RATES AND EARNINGS BY MONTH TexPool Checking Acct Earnings Interest Interest Rate Interest Credit Rate October 2007 9,398.82 4.928 159,740.02 4.24 November 2007 8,737.87 4.7144 142,265.40 4.25 December 2007 8,760.51 4.5565 142,297.89 3.62 Q/E 12/31/2007 26,897.20 4.7330 444,303.31 4.0367 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. c>t_36 a. Hamilton, County irri White, Chief Deputy Treasurer Date b[ [ so 1 0 Date L lr to N N O r f14 O a m _c c E Ef} f/1 V IL a~ co s co as s a M M o CD N O a. W 1- ce) ° 04 co It s E m s 3 co O m H4 ER s c O = d E O r+ > C w N is d V ~ C d ~ d O O a C w ~ y = a X LL ~ 0 X E ~ w f~fJ N d 7 c U 0 0 ~ > o U'O W 10- 0 TEXPOOL QUARTER ENDING 12131/2007 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC. GENERAL FUND EXPO. COMPLEX TOTAL 0913Q%07.. BALANCE 906;18322 $ 1,339,439.44 2;245,622.W 10/31/07 October Interest $ 3,792.75 $ 5,606.07 82 `1 0/3.1/W ,,October Balance 909,975.97 $ 1,345,045.51 2255021 8 11/30/07 November Interest $ 3,526.02 $ 5,211.85 8;731r 1.1130107.:': November Balance' $ 913,501.99 $ 1,350,257.36 2263,759:35 12/31/07 December Interest $ 3,535.14 $ 5,225.37 $ 8,760.51- 12/31/,07. > December•Balince $ 917,037.13 $ 1,355,482.73 $ 2,272,519.86)q 51 INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ 917,037.13 Health Endowment Fund $ - State Lateral Road $ - Courthouse Security $ - Voter Registration $ - Vehicle Inventory Tax Interest $ - i`ategj OPERA 3 .3.; T)INGFUNDSk General Obligation Debt Svc. $ - r DEBT SERVICE FUNDS;.- ~'&J- ~ e9Y Tl I~ $ 1 ,u General Permanent Impv. $ - Exposition Center Fund $ 1,355,482.73 C.O. Issue 2003 $ - C.O. Issue 2004 $ - _SRECIALPD1:8► pERMIMPV:DEE3T:_ Find&1":Group Total~w, $ -2,272;5 986' BOOK VALUE OF ALL INVESTED FUNDS FOR DECEMBER 2007 $ 2,272,519.86 10 52- BRAZOS COUNTY BRYAN, TEXAS ACKNOWLEDGEMENT The Brazos County Commissioners Court hereby acknowledges receipt of all monthly reports that were submitted during the month of January 2008 dll Office of the County Judge • 300 East 26t' St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 101 53