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2008-04-08-9:00AM-REGULAR
BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 8 APRIL 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 Peters. 2. Call for citizen's input and/or concerns. 3. Presentation by Kevin LaStrapes with the USDA-NRCS: Review of the O&M Agreement with USDA-NRCS on federally built flood control dams in South Brazos County (Big Creek Site 45 and #6). Consider and take action on agenda items 4 - 15: 4. Budget Amendment 07/08-25.1 thru 07/08-25.3. 5. Personnel Change of Status. 6. Contract with Avalanche Consulting, Inc. for the development of a marketing plan and economic impact assessment of the Expo Complex. 7. Payment of Claims. 8. Contract with Greenway Constructors, Inc. for construction management services on the Jail Expansion Project. 9. Abandonment of a subdivision consisting of 40 acres of land, more or less, being situated in the town of Millican. The site is located in Precinct 1. Office of the County Judge • 300 East 26q1h S • Suite_11.4 _ • Bryan, Texas 77803 • Fax: (979) 361-4503 Commissioners Court Agenda 8 April 2008 Page 2 10. Out of state travel request from the Sheriff's Office for Investigator Elliott and S.I.U. Investigator Mike Welch to travel to Tampa, Florida for the purpose of following up fresh leads on a cold homicide case. Dates of travel are 7-10 April 2008. 11. Out of state travel request for Commissioner Peters to travel to Washington, D.C. with the V. G. Young Institute Leadership Academy. Dates of travel are 27 April - 2 May 2008. 12. Tax Refund Applications for the following: a. Billy Joe Ball b. Philip E. & Debra Brown, Jr. c. Kurt A. Gammage d. Jose Nicolas @ Martha Lara e. Edward Kenneth & Kimberly Paul f. Cecil M. Smith (life estate) g. Tsung-Chow Joe & Hui Fang Hu Su h. Karey Vaught i. James H. Watson j. Jung H. & Su J. Park You 13. Capital requisition 00018598 in the amount of $16,300.00 to Scott Equipment, Inc. for the purchase, delivery and installation of two heavy duty washing machines for the Jail. 14. Acceptance of Wickson Creek Special Utility District's cost estimate of $9,200.00 to relocate 2,300 feet of 4-inch waterline in the right of way of Scott Lane; site is located in Precinct 2. 15. Payment authorization in the amount of $44.82 to The Police and Sheriffs' Press for secure ID cards for specific individuals in the District Attorney's Office, as required by law. A purchase order was not obtained in advance. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business day before the meeti To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING APRIL 8, 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, April 8, 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, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court first heard a presentation by Kevin LaStrapes with the USDA-NRCS who reviewed the O&M Agreement with the USDA-NRCS on federally built flood control dams in South Brazos County (Big Creek Site #5 and #6). Mr. LaStrapes then commended Mr. Gary Arnold on his work in flood control. The Court next considered Budget Amendment 407/08-25.1 Vol A" Page ID'S Commissioners Court meeting April 8, 2008 2 through 25.3 that would recognize revenue received for the Brazos County Grant Fund: Homeland Security Grant Program, Juvenile Services-Academy; and reallocate funds for the County Attorney's Office. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendments as submitted. A copy of each amendment that was approved 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 next matter before the Court was consideration of a Contract for Professional Services with Avalanche Consulting, Inc. for the development of a marketing plan and economic impact assessment of the Exposition Complex. The work will be satisfactorily completed no later than 9 weeks after the contract start date. The contract also proposes an additional service that will help the County lobby for changes to its budgeting requirement and sunset provisions. This is an economic impact assessment of the Exposition Complex. The total cost of the Marketing Plan is $14,250.00 and the optional service of the economic impact assessment is Vol IL)l Page I ato Commissioners Court meeting April 8, 2008 3 $9,000.00. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve both services at a project cost $23,250.00. This figure excludes materials and supplies and travel expenses which will be billed separately. A copy of the contract is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7048393 through 7048646 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was approval of a Contract between Brazos County and Greenway Constructors, Inc. for Construction Management Services for the Brazos County Jail Expansion. The cost of professional services may not exceed $235,000.00. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to enter into contractual agreement with the Greenway Constructors, Inc. A copy of the contract is attached. The Court next considered the abandonment of a subdivision consisting of 40 acres of land, more or less, being situated in the town of Millican in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Vol 10 Page i a-7 Commissioners Court meeting April 8, 2008 4 Peters, the Court voted unanimously to approve the abandonment. The next matter for consideration by the Court was a request submitted by Sheriff Chris Kirk seeking approval for out of state travel for Investigator Kenny Elliott and S.I.U. Investigator Mike Welch for the purpose of following up fresh leads on a cold homicide case in Tampa, Florida. Departure dates will be Monday, April 7, 2008 and scheduled to return, Thursday, April 10, 2008. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Investigators Elliott and Welch. The next matter for consideration by the Court was a request submitted by the Commissioners Office seeking approval for out of state travel for Commissioner Peters to travel to Washington, D. C. with the V.G. Young Institute Leadership Academy April 27, 2008 through May 2, 2008. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Commissioners Office and approved payment of out of state travel expense for Commissioner Peters. The next matter for consideration was approval of Vol [u1 Page I ag Commissioners Court meeting April 8, 2008 tax refund applications from the following individuals and/or companies: a. Billy Joe Ball, over payment $68.37 b. Phillip E. & Debra Brown, Jr., over payment $171.99 c. Kurt A. Gammage, over payment $593.56 d. Jose Nicolas & Martha Lara, over payment $102.21 e. Edward Kenneth & Kimberly Paul, over payment $29.71 f. Cecil M. Smith (Life Estate), over payment $451.01 g. Tsung-Chow Joe & Hui Fang Hu Su, over payment $15.29 h. Karey Vaught, over payment $51.22 i. James H. Watson, over payment $13.37 j. Jung H. & Su J. Park You, over payment $227.46 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. 5 The next matter before the Court was consideration of a capital requisition #00018598 in the amount of $16,300.00 to Scott Equipment, Inc. for the purchase of two (2) heavy duty washing machines for the Brazos County Detention Center. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the capital requisition. The Court next considered acceptance of the Wickson Creek Special Utility District's cost estimate of $9,200.00 for relocation of 2,300 feet of 4 inch water line in the right-of- way of Scott Lane in Precinct 2. On motion by Commissioner Vol to] Page I ~ Commissioners Court meeting April 8, 2008 6 Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept Wickson Creek Special Utility District's cost estimate of $9,200.00 for relocation of a water line. The Court next considered a payment authorization in the amount of $44.82 to The Police and Sheriff's Press for secure ID cards for specific individuals in the District Attorney's Office, as required by law. A purchase order was not obtained in advance. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Chuck Frazier, Emergency Management Coordinator a) Would like input from the Court on a name change for Emergency Management to include Homeland Security. Years ago it was called Civil Defense. After 9-11, Emergency Management Coordinators' jobs changed drastically. The County Judge said if need be, the name change would be on the next agenda. County Judge a) There will be a Public Hearing today at 10:00 a.m. in the Commissioners Courtroom. Vol 103 Page 13P Commissioners Court meeting April 8, 2008 Under citizen input and/or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 525 inmates in jail this morning and 94 were on electronic monitor. 7 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 i dJ Page 131 The foregoing minutes of the Commissioners Court meeting held ril 8, 2008 have been examined and are approved in open Court this the day of 6-wtch ~ , 2008, in Bryan, Brazos County, texas. Randy Sims County Jude Duane Peters Commissioner, Precinct 2 Ca ey Ca ley, Jr. Commissi ner, Precinct Attest: 9ae Karen McQueen County Clerk v v Lloy Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner, recinct 3 Vol lu Page 13a J,~- BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 8 2008 AT MwAiug Name Organization/Department ~ r s 7S 0 t0b A _ J. ►r c~ ~J6 -frS d s 33 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT :Cb p4m- /ul 6,v~ Aa,h Speaking Name u J/ Organization/Department LAJGL Pkk-t-1 C r A C n L~ Ail ~a- COC (IqLbL irt~ - , 10~ "q 13`f_ ity BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-25.1 thru 07/08-25.3 On this the 8th day of April 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 8 April 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 Bch day of April 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy §Ans, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Prepared By: Date: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 25.1 4/8/02008 411/2008 v County J Approval D 9 Jul BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 25.2 4/8/02008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0l 00 46023000 CR Donations - Other 656.00 0100 31000300 60010000 DR Donated Property -No Tag 656.00 Juvenile Services: Academy To recognize revenue for additional ant funding for installation of the EOC cabling. Approved by Commisioner's Court on March 18, 2008. Department Approval Date Prepared By: ifj Date: 4/2/2008 County JudgdApproval Date 101 1..3.7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 25.3 4/8/02008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 5800 18006000 61130000 CR Contingency 1,450.00 5800 91300000 DR Transfer to General Fund 1,450.00 0100 49021000 CR Transfer Fm CA Operating Fund 1,450.00 0100 18000100 60080000 DR Clothing/Uniforms 1,450.00 Count Attorney Operating Fund and County Attorney Administration To realloca te funds to allow for the purchase of badges for the investigators and prosecutors. Department Approval Date Prepared By: ifj Date: 4/2/2008 vs County dge Approval Date 1 r' _ 39 PERSONNEL,, CHANGE OF STATUS REQUESTS Commissioner Court Date: April 08, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Reques___ Request(s) Applies To District Clerk Hutcherson, Carmen Morgan, Ashley Reeves, Jennifer New hire Transfer within Dept. Transfer within Dept. Tax Office Moss, Rene A. Resignation Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; Io) -_W139 AVALANCHE CONSULTING, INC. CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES made and entered into this 4th day of April 2008, by and between AVALANCHE CONSULTING, INC. (the "Contractor'D, a for-profit corporation, and the BRAZOS COUNTY EXPOSITION COMPLEX (the "Client'D. In consideration of the mutual promises and obligations hereinafter set forth, the parties hereto agree as follows: 1. Scope and Schedule of Work. A. The CONTRACTOR agrees to perform those services described -in Exhibit "A," attached hereto and incorporated herein. B. All obligations and services of the CONTRACTOR undertaken pursuant to this agreement shall be performed diligently and completely in accordance with CONTRACTOR'S usual and customary professional standards of conduct and performance. C. All work shall begin April 8, 2008 and be satisfactorily completed no later than 9 weeks after the contract start date. The time period for performance shall be extended by the amount of time that the CONTRACTOR is unable to proceed because of a delay solely attributable to the CLIENT, provided that the CONTRACTOR advises CLIENT of the delay as soon as is practicable. II. Compensation and Payment. A. The total compensation to be paid the CONTRACTOR for services provided shall be $23,250 excluding expenses. Such payment shall be the total compensation for all work performed under this agreement, including labor, but excluding expenses such as materials and supplies and travel expenses. B. The CONTRACTOR shall be paid one-half of the total fee ($11,625) upon execution of this contract and one-half plus expenses ($11,625 plus expenses) following successful delivery of all services and products agreed to in Exhibit "A" (proposal). The CONTRACTOR shall submit an original written invoice with necessary and appropriate documentation. C. The CLIENT may withhold payment to the CONTRACTOR for any work not completed to the CLIENT's satisfaction and for which the CLIENT notifies CONTRACTOR in writing of such problems along with a reasonable time to cure such deficiency. Such withholding shall last until such time as the CONTRACTOR modifies such work to the reasonable satisfaction of the CLIENT as set out in the written notice. III. Termination of Agreement. A. The CLIENT may suspend this agreement, at its discretion, upon 10 days advance, written notification to the CONTRACTOR. Such notice shall indicate the anticipated period of suspension. Any reimbursement for services or expenses incurred up to the date of suspension will be due upon notification. The CONTRACTOR shall resume performance of services under this agreement without delay when the suspension period ends. 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avalancheconsulting.net T 140 C. Neither party shall be considered to be in default in the performance of this agreement to the extent that performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party. Both parties shall provide the other with written notices of default and provide a reasonable opportunity to cure such default. IV. Contract Administration and Management. A. The Brazos County Exposition Complex will have primary responsibility for administering and approving services to be performed by the CONTRACTOR. B. Any and all notices affecting or relative to this agreement shall be effective, if in writing and delivered or mailed, postage prepaid, to the respective party being notified at the address listed with the signature of this agreement. The parties may communicate by email regarding status of the project, but email correspondence will not be accepted that pertain to the substantive agreements or conditions of the parties hereunder. C. The CONTRACTOR, at such times and in such form as the CLIENT may require, shall furnish the CLIENT with periodic reports pertaining to the work and services undertaken pursuant to this agreement. D. The CONTRACTOR and CLIENT shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. E. The CONTRACTOR shall not assign, subcontract, delegate, or transfer any obligation, interest, or claim to or under this agreement or for any of the compensation due hereunder without the prior written consent of the CLIENT. V. Independent Contractor Status. A. The CONTRACTOR is and shall be at all times during the term of this agreement an independent contractor and not an employee of the CLIENT. B. The CONTRACTOR acknowledges that it is responsible for the payment of all charges and taxes applicable to the services performed under this agreement, and the CONTRACTOR agrees to comply with all applicable laws regarding the reporting of income, maintenance of insurance and records, and all other requirements and obligations imposed as a result of the CONTRACTOR'S status as an independent contractor. C. This agreement shall be for the sole benefit of the parties hereto, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third party against either party hereto. VI. Indemnification. A. The CONTRACTOR specifically assumes potential liability for actions brought by the CONTRACTOR'S own employees against the CLIENT, solely for the purpose of this indemnification and defense. Likewise, the CLIENT assumes potential liability for action brought by the CLIENT's own employees against the CONTRACTOR. 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avalancheconsulting.net . 10..7 J-11 t da chr B. During the term of this Contract, the CONTRACTOR maintain any insurance that CONTRACTOR has in place concerning worker's compensation and shall additionally name CLIENT as an additional insured on any applicable policy. C. These indemnifications shall survive the termination of this agreement. D. A waiver or failure by either party to enforce any provision of this agreement shall not be construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of any other provision of this agreement. VIII. Nondiscrimination. The CONTRACTOR agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding nondiscrimination and equal employment opportunities. The CONTRACTOR shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical handicap. IX. Conflict of Interest. No officer, employee, or agent of the CLIENT, nor any member of the immediate family of any such officer, employee, or agent as defined by applicable Texas state law, shall have any personal financial interest, direct or indirect, in this agreement, either in fact or in appearance. The CONTRACTOR shall comply with all federal and state conflict of interest laws, statutes and regulations. The CONTRACTOR represents that the CONTRACTOR presently has no interest and shall not acquire any interest, direct or indirect, in the CLIENT organization which will conflict in any manner or degree with the performance of the CONTRACTOR'S services and obligations hereunder. X. Interpretation and Venue. A. Texas law shall govern the interpretation of this agreement. B. If one or more of the clauses of this agreement is found to be unenforceable, illegal or contrary to public policy, the agreement will remain in full force and effect except for the clauses that are unenforceable, illegal or contrary to public policy. C. This agreement constitutes the complete and final agreement of the parties, replaces and supersedes all oral and/or written proposals and agreements heretofore made on the subject matter, and may be modified only by a writing signed by both parties. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above. Accepted and agreed to by: AVALANCHE CONSULTING, INC. (thP "M ACTnR" Amy Holloway, President & CEO _ TI I►~ Date: April 3. 2008 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avalancheconsulting.net ~~n~ ►4a .i BRAZOS COUNTY EXPOSITI( -T-0 Perks,-Brrector 1<c~.haf~, S~rn-~ CcSC.xr~ 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net infoaavalancheconsulting.net 43 . lo_ ~ AW- EXHIBIT °A" March 21, 2008 Proposal from Avalanche Consulting, Inc. to the Brazos County Exposition Complex March 21, 2008 Brazos County Exposition Complex Attn: Tom Quarles 5827 Leonard Road Bryan, Texas 77803 RE: Marketing Plan Dear Tom, It was a pleasure speaking with you this week about the marketing planning needs of the Brazos County Exposition Complex. Brazos County has accomplished a lot in a short amount of time. The County is clearly committed to the Complex and recognizes its potential to return a great deal to the local economy. The Marketing Plan we propose will help ensure that opportunity is maximized. The following is a brief description of process, timeline, and price for developing the Marketing Plan. Biographical information and a client list are provided as addendums. About Avalanche Consulting Avalanche Consulting is a leading U.S. consultancy in `place marketing.' We specifically specialize in marketing planning and tool development for promoting communities and their assets. Our ultimate objective is to boost private sector investment and generate a positive economic impact in our client communities. I am President and CEO of Avalanche Consulting and personally have 13 years of experience in economic development marketing. My work has taken me across the U.S., Europe, and South America, serving clients from single real estate developments to whole cities, states, and countries. Past clients have included (to name a few): the Santa Fe, New Mexico; CitiLine Development; the Research Valley Partnership; Team Texas; Metro Orlando; the Charleston Regional Development Alliance; CzechInvest and the Portuguese Department of Tourism and Investment. My experience also includes exposition and equestrian centers. I recently completed economic impact assessments for Taylor, Texas' Rodeo Arena and a proposed equestrian center in Rockingham County, North Carolina. I hold Bachelor's and Masters degrees in Economics from Baylor University. Scope of Work Avalanche Consulting will assist Brazos County with developing a Marketing Plan for the Brazos County Exposition Complex. The Plan will require six (6) weeks to complete and require the following steps: 1. Preparation To begin, we will schedule a date to tour the Complex and visit with you and other community leaders. To prepare for our meeting, we will review the marketing efforts of other successful expo centers and prepare a questionnaire for our meetings in Brazos 3708 Capistrano Austin, TX 78739 - 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avolancheconsulting.net X07 144 ~--o a danche County. We will also review any studies, websites, or news articles that you consider to be relevant to this project. 2. Visit After initial preparations, Avalanche will travel to Brazos County and meet with you and other community leaders to discuss the Exposition Complex. We are interested in meeting with Brazos County and other community leaders to: • Tour the Complex ■ Discuss expectations for the facility • Talk about the future vision for the Complex • Review past marketing activities • Brainstorm about marketing audiences and future activities • Discuss marketing timelines, available resources, and metrics Following our visit, we will be prepared to write the Marketing Plan. 3. Marketing Plan The Plan will provide Brazos County with a 3-year calendar of marketing activities aimed at maximizing usage of and revenue generated at the Exposition Complex. The Plan will contain the following elements: • List of target audiences and written profiles of each • List and description of marketing tools that need to be created or improved upon to support future marketing efforts • Examples of smart marketing practices used by other exposition centers • 3-year calendar of marketing activities based on a $450,000 annual budget • 3-year calendar of marketing activities based on a $200,000 annual budget • Cost breakdown of each specific marketing activity within each budget scenario • Marketing metrics to monitor effectiveness of the campaign In addition to the Marketing Plan, we propose an additional service that will help the County lobby for changes to its budgeting requirements and sunset provisions: Economic impact assessment of the Exposition Complex at its current capacity versus its forecasted future capacity with a $15 million facility expansion. The economic impact assessment will estimate (1) direct and indirect (2) job, income, and tax revenue effects of a project on Brazos County's economy. The final Marketing Plan and economic impact assessment will be delivered to Brazos County in Microsoft Word format. Project Cost and Schedule We are ready to begin this project on or after March 31, 2008 and will need six (6) weeks to complete the assignment: 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avalancheconsulting.net 10? 1 45 -dv l nch Week(s) 1-2 - Brazos County and Avalanche schedule a meeting date. Avalanche begins preparing for the meeting by reviewing reports, websites, and data related to the Expo Complex as well as other successful exposition centers. Week 2 or 3 - Avalanche travels to Brazos County to tour the Complex and meet with County and community leaders. Weeks 3-5 - Avalanche writes a Draft Marketing Plan (and optional impact assessment if selected) and delivers it to Brazos County. Week 5 - Brazos County reviews the Draft Plan and suggests revisions. Week 6 - Avalanche finalizes the Plan and delivers it to Brazos County. Week 7 or 8 - Avalanche is available to make an oral presentation of the Plan to an audience of the County's choosing. (Optional) Brazos County Exposition Complex Marketing Plan Cost Proposal TIMING COST DELIVERABLE Weeks 1-2 $ 500.00 Preparations Review past reports and marketing activities, news and websites. Prepare for trip. Week 2 or 3 $ 1,000.00 Visit Travel to Brazos County to tour Complex and interview County/community leaders Weeks 3-6 $ 12,750.00 Marketing Plan Write 3-year marketing plan for the Expo Complex Includes audience profiles, best practices, calendar, budget, and metrics Plan shows activities at both $200,000 and $450,000 annual budgets Process ncludes up to 2 rounds of revisions. 1 $ 14,250.00 Total Marketing Operations Plan OPTIONAL SERVICES: Weeks 3-6 $ 8,000.00 Economic Impact Assessment Estimate direct and indirect job, income, and tax revenue impacts of the Complex on Brazos County in (1) its current capacity and (2) forecasted future capacity with $15 million expansion. Weeks 7 or 8 $ 1,000.00 Final Presentation At the County's request, we will produce a PowerPoint presentation highlighting the results of the Plan and make an oral presentation of the results to an audience of the County's choice. Time to Complete: 6 weeks Price does not include expenses such as travel mileage or supplies (not to exceed $500) 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avoloncheconsulting.net ion 1'+~ nche Terms Should this proposal be approved, we will invoice Brazos County for 50% of the project cost on the project start date and 50% of the project cost plus reimbursable expenses upon the delivery of the Marketing Plan. If you wish to proceed with this project, please call me so that we can discuss contract requirements. Thank you for considering Avalanche for this project! I look forward to working with you. 1100 " Amy Holloway, Principal Avalanche Consulting 3708 Capistrano Austin, TX 78739 512-280-1367 phone 512-233-2937 fax www.avalancheconsulting.net info@avalancheconsulting.net 10 .147 y ti 1CONTRACT FOR OWNER REPRESENTATION FOR BRAZOS COUNTY JAIL EXPANSION This contract, dated March 1, 2008, is between Brazos County, Texas (the County) and Greenway Constructors, Inc. (the Firm), whereby the firm agrees to provide the county with certain services as described herein and the County agrees to pay the Firm for those services. 1. Scope of Services In consideration of the compensation stated in Paragraph 2, the Firm agrees to provide the County with the services described Exhibit "A" incorporated herein by reference for all purposes, to-wit - "Proposed Construction Management Services" letter of February 8, 2008, to include all of the services set forth in options A, B, and C and as may be designated by the County. The Firm will be the representative of the County during the term of the contract. The Firm agrees not to act outside the scope of the authority conferred on it by this Contract and agrees not to bind the County in any way or hold itself out as having any authority to do so, except where authorized by this Contract. 2. Payment In consideration of the Firm's provision of the services in compliance with all the terms and conditions of this contract, the County shall pay the Firm according to the terms set forth in Exhibit "A" - "Proposed Construction Management Services". Except in the event of a duly authorized change order, approved by the County in writing, the total cost of all professional services provided under this Contract may not exceed $235,000.00. 3. Time of Performance A. All services contemplated under this contract shall be completed no later than April 10, 2010 except as may otherwise be permitted by the Brazos County Commissioners' Court upon written approval to extend such services beyond this date and at the terms as stated in Exhibit "A". B. Time is of the essence of this contract. The Firm shall be prepared to provide the professional services in the most expedient and efficient manner possible according to the terms set forth in Exhibit "A". 1 1q9 G r..,, e 4. Warranty, Indemnification, & Release A. As an experienced and qualified Service Provider, the Firm warrants that the information provided by the Service Provider reflects high professional and industry standards, procedures, and performances. The Firm warrants that the performance of all services under this Contract will be to that standard of care and skill to be expected of a consultant who regularly acts in the capacity in which the Firm is engaged and who possesses the knowledge, skill and experience of a consultant qualified to act in that capacity. The Firm warrants that the Service Provider will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval of the County shall not constitute or be deemed a release of the responsibility and liability of the Firm, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their services, or any document, nor shall the county's approval be deemed to be the assumption of responsibility by the county for any defect or error in the aforesaid documents prepared by the Firm, its employees, associates, agents, or subcontractors. The Firm warrants that it will use all reasonable efforts to inform itself of the requirements of the County and will regularly consult with the County during the performance of the contract. B. The Firm shall promptly correct any defective services or documents furnished by the Firm at no cost to the County. The County's approval, acceptance, use of, or payment for, all or any part of the Firm's services hereunder or of the scope of work itself shall in no way alter the Firm's obligations or the County's rights hereunder. C. In all activities or services performed hereunder, the Firm is an independent contractor and not an agent or employee of the County. The Firm and its employees are not the agents, servants, or employees of the county. As an independent contractor, the Firm shall be responsible for the professional services and the final work product contemplated under this Contract. Except for materials furnished by the County, the Firm shall supply all materials, equipment, and labor required for the professional services to be provided under this contract. The Firm shall have ultimate control over the execution of the professional services. The Firm warrants that all personnel engaged by it in connection with the services provided are appropriately qualified, competent and experienced in the provision of the type of services required by the County. The Firm shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and A 1.167 zj, 1 ~f l I the County shall have no control of or supervision over the employees of the Firm or of any of the Firm's subcontractors. D. The Firm must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as their personal property, while in the vicinity of the Project or any of the work being done on or for the Project. It is expressly understood and agreed that the County shall not be liable or responsible for the negligence of the Firm, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. E. Responsibility for damage claims (indemnification): The Firm shall defend, indemnify and save harmless the County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property resulting from the Firm's negligent performance of the work, or by or on account of any claims or amounts recovered under the Worker's Compensation Law or any other law, ordinance, order or decree, and its sureties shall be held until such suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to the effect furnished the county. The Firm shall defend, indemnify and save harmless the County, its officers, agents and employees in accordance with this indemnification clause only for that portion of the damage caused by Firm's negligence. F. Release. The Firm releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Firm's officers, employees, agents, subcontractors, or licensees and any loss of or damage to any property of the Firm's officers, employees, agents, subcontractors, or licensees that is caused by or alleged to be caused by, arises out of, or is in connection with the Firm's negligent performance of the work. Both the County and the Firm expressly intend that this release shall apply regardless of whether said claims, demands and causes of action are covered, in whole or in part, by insurance. 5. Firm's Insurance The contractor agrees to maintain the coverages, endorsements, and limits in accordance with and set forth by the Insurance Coverage & Limit Table below for the duration of this contract. The Firm agrees to: 3 1-1 T • Deliver to the County (a ) Certificate(s) of Insurance evidencing that such policies are in full force and effect not later than 10 business days after notification of the County's intent to award a contract, but in any event prior to commencement of work. If policy endorsements are necessary, satisfactory evidence of request to insurance carrier must accompany the Certificate(s) of Insurance. Failure to meet these requirements may cause the bid to be cancelled. • Allow the county the right to obtain complete, certified copies of all required insurance policies at any time. • Clearly indicate contract name and contract number to which Certificate(s), endorsements, and policies apply. The requirements as to types and limits, as well as the County's review or acceptance of insurance coverage to be maintained by the Firm, is not intended to nor shall in any manner limit or qualify the liabilities and obligations assumed by the Firm. INSURANCE COVERAGE & LIMIT TABLE PROFESSIONAL LIABILITY INSURANCE - limit of liability not less than $100,000 per occurrence Firm agrees to maintain Professional (Errors & Omissions) Liability to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages by reason of any act, malpractice, error or omission of the Firm or any person employed or acting on the Firm's behalf (including but not limited to subcontractors). For policies written on a "claims-made" basis, Firm agrees to maintain a retroactive date prior to or equal to the effective date of this contract and that continuous coverage will be maintained or a supplemental extended reporting period will be purchased with a minimum reporting period not less than two (2) years after the completion of this contract or any extensions thereof. The Firm is solely responsible for any additional premium for the supplemental extended reporting period. FIRM'S INSURANCE TO BE PRIMARY - Firm's insurance shall be deemed primary with respect to any insurance or self insurance carried by the County for liability arising out of operations under the contract. DEDUCTIBLES, COINSURANCE PENALTIES, & SELF-INSURED RETENTION - The Firm shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self- T J insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, or self-insured retention. RIGHT TO REVIEW AND ADJUST - The County reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, the County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition. CERTIFICATE OF INSURANCE - The Firm shall furnish the County with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The certificate(s) must be from a company with an A.M. Best rating of "A-" or better and/ or otherwise acceptable to the County. Certificates must be submitted using the ACCORD form and all endorsements must be included with the submittal. The certificate(s) shall contain a provision that coverage under such policies shall not be cancelled or non-renewed until at least thirty (30) days prior written notice, or ten (10) days notice for cancellation due to non-payment of premiums, is given the County of Brazos. In the event the County is notified that a required insurance coverage will cancel or non-renew during the contract period, the Firm shall agree to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. The County reserves the right, but not the obligation, to withhold payment to the Firm until coverage is reinstated. If the Firm fails to maintain the required insurance, the County shall have the right, but not the obligation, to purchase the required insurance at the Firm's expense. Certificates and notices should be provided to the County at the following address: Brazos County Attn: Ms. Pat Howard 300 E. 26`" Street, Suite 117 Bryan, Texas 77803 6. Termination A. The County or the Firm may terminate this contract at any time upon thirty (30) calendar day's written notice to the other party. Upon the County's or Firm's receipt of such notice, the Firm shall cease work immediately. The Firm shall be compensated for the services satisfactorily performed prior to the termination date. I0 ? X5,2 B. If, through any cause, the Firm fails to fulfill its obligations under the Contract, or if the Firm violates any of the agreements of this Contract, the County has the right to terminate this Contract by giving the Firm thirty (30) calendar days written notice. The Firm will be compensated for the services satisfactorily performed before termination date. C. No term provision of this Contract shall be constructed to relieve the Firm of liability to the County for damages sustained by the County because of any breach of contract by the Firm. The County may withhold payments to the Firm for the purpose of setoff until the exact amount of damages due the County from the Firm is determined paid. 7. Miscellaneous Terms A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U. S. Mail to the following addresses: Brazos County Attn: Ms. Pat Howard Purchasing Agent 300E.26 Street, Suite 117 Bryan, Texas 77803 Greenway Constructors, Inc. P. O. Box 11184 College Station, Texas 77845 C. No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This contract represents the entire and integrated agreement between the County and the Firm and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Firm without the prior written approval of the County. 107 ~S3 6 _ a F. The Firm, its agents and employees shall perform all services and prepare documents in compliance with all applicable federal and state laws, the orders of the County, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Firm must obtain all necessary permits and licenses required in completing any work or providing the services contemplated under this Contract. G. Reimbursable or other miscellaneous expenses incurred by the Firm are not included in the contract price; additional payment for such expenses will be submitted at cost. H. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. APPROVED AS TO FORM: G•C 96ty Attorney a0d~ Dat B CO Y Randy Si , County Judge A Date Gree way Constructors, Inc. - ~ ? dvl-~ Stephe P. Byrne, Pres' nt Attest: G K en McQueen, County Clerk 167 k~l ZtruCiOJE Incorporated February 22, 2008 Judge Randy Sims Brazos County Judge Brazos County Courthouse 300 East 26t' Street Bryan, Texas 77801 RE: Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Dear Judge Sims It was a pleasure to meet with you and discuss the opportunity to represent you and Brazos County on the above referenced project. As we discussed. our firm has over twenty six yeses (26) of experience m representing owners, like Brazos County, on a multitude of various project types from design development and coordination through on site quality control and quality assurance professional services. Our staff is available immediately to begin working with your design team and construction manager at risk on this project and we provide several options that can be utilized to accomplish your goals on this project. These options am as follows: Owner Reormentatton OpUgs A Greenway Constructors, Inc. will provide the pre-construction services for the project based on the following scope including but not limited to:. - A. Coordination of the design development between the Architect and Construction Manager at Risk (CM©R) throughout this phase of the project. B. Coordination of the Cmaranteed Maximum Price development with the CMQR to assist the County in keeping this project within the budget constraints established. C. Coordination assistance and oversight of the CUP contingency to maximize the most cost efficient project to be delivered. D. Coordination assistance and oversight of the overall project schedule with the optimization of critical need areas in early project delivery. E. Coordination assistance in the pmqualification of trade contractors for the project and input on the final selection of the subcontractors. on. ro7 155 L ..t Proposed Constriction Management Services Brazos County Jail Complex Brazos County, Texas Page Two of Four We propose to provide the pre-construction phase services based on the Amount Available for Construction Contract (AACC) of Forty five million dollars ($45,000,000.00) for Forty Five Thousand Dollars ($45,000.00) and will be billed monthly as the pre-construction process progresses. ' Owner Representation Option B Greenway Constructors, Inc. will provide the construction phase services for the project based on the following scope including but not limited to: A. Coordination assistance and oversight of the preparation of the contracts with the trade contractors selected for this project including scope verification and validation. B. Coordination assistance between the CM@R and Brazos County and the issuance of the Notice to Proceed. C. Coordination assistance and oversight of the initial construction schedule and subsequent monthly updates to Brazos County. D. Coordination assistance and oversight of the incorporation of the GMP Contingency into the overall project budget to maximize the total project delivery. E. On-site inspections to assist in the coordination of the implementation of the work scope into the project and quality control inspections to meet or exceed the expectations of Brazos County. F. Monthly Contract Administration including the processing of payment requisitions and approved change orders on behalf of Brazos County, G. Coordination, review and subsequent recommendations of proposed change orders, contract time extensions and proposed scope enhancements or modifications during the construction duration. H. Coordination and oversight of early substantial completion inspections and early acceptance of the critical need building areas by Brazos County. I. Coordination and implementation of monthly Owner meetings with the Design team, CM®R constructor, User groups and the Commissioners Court to provide monthly status updates and assist in the Commissioning of the building. We propose to provide the construction phase services based on the Amount Available for Construction Contract of Forty five million dollars ($45,000,000.00) for One Hundred Ninety Thousand Dollars ($190,000.00) and will be billed monthly as the work progresses during construction. I'_; t ~ ::.i ~ ti idi'"::' .r:dtu't, I:C r.i,~ Vitru:,~. Ji l.:`..'(l. i'i')ti t i.f .T1 6.71 i4;rL L ol_ i5(v f ~ ~S Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Page Three of Four Owner Renresentatiog noon C Gneenway Constructors, Inc. will provide the pre-construction and construction phase services for the project, including but not limited to: A. Coordination of the design development between the Architect and Construction Manager at Risk (CM@R) throughout this phase of the project. B. Coordination of the Guaranteed Maximum Price development with the CM@R to assist the County in keeping this project within the budget constraints established. C. Coordination assistance and oversight of the GMP contingency to maximize the most cost efficient project to be delivered. D. Coordination assistance and oversight of the overall project schedule with the optimization of critical need areas in early project delivery. B. Coordination assistance in the prequalification of trade contractors for the project and input on the final selection of the subcontractors. F. Coordination assistance and oversight of the preparation of the contracts with the trade contractors selected for this project including scope verification and validation. G. Coordination assistance between the CM @R and Brazos County and the issuance of the Notice to Proceed. H. Coordination assistance and oversight of the initial construction schedule and subsequent monthly updates to Brazos County. 1. Coordination assistance and oversight of the incorporation of the GMP Contingency into the overall project budget to maximize the total project delivery. L On-site inspections to assist in the coordination of the implementation of the work scope into the project and quality control inspections to meet or exceed the expectations of Brazos County. K. Monthly Contract Administration including the processing of payment requisitions and approved change orders on behalf of Brazos County. L. Coordination, review and subsequent recommendations of proposed change orders, contract time extensions and proposed scope enhancemeats or modifications during the construction duration. P 0 ;t! IX ; . i 84 t'~i!!i ..jr• :'.!:a;n. fn , : x.11 - e':urv: h lx n'u~. i y: L• ~o~ l5~ C f Proposed Construction Management Services Brazos County Jail Complex Brazos County, Texas Page Four of Four M. Coordination and oversight of early substantial completion inspections and early acceptance of the critical need building areas by Brazos County. N. Coordination and implementation of monthly owner meetings with the Design team, CM cQr R constructor, User groups and the Commissioners Court to provide monthly status updates and assist in the Commissioning of the building. We propose to provide the combination of preconstruction and construction phase services based on the Amount Available for Construction Contract of Forty five million dollars ($45,000,000.00) for Two Hundred Thirty Five Thousand Dollars ($235,000.00) and will be billed monthly as the work progresses during construction. We have based our proposal on the construction schedule delivery date of April 10, 2010 provided to us and c dated 2121/08. If the construction delivery date extends beyond this data we propose a fee extension of gOeO~ABA per month, which will be prorated basal on the final delivery date. We will provide a copy of our Errors and Omissions insuntrice policy for this contract amount upon approval of this proposal with Brazos County named as the certificate holder. We look forward to working with you and Brazos County on this unique opportunity and the completion of a successful project. If you have questions concerning this information, please do not hesitate to contact me. Sincerely, V' StepheifP. Byrne, FAIC, 1013, CPC President Enclosures SPB/mm Acceptance: Brazos Ounty Judge Randy Sims Date of Acceptance i'!i ;3.., ti I!;•.'-1 t;.>~i:'yt• •it,u i~>n, (X ,..;•i; - ..n ra:. '1 „•.i •i 5':ii lc~~ _T5S