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Home My WebLink About2008-04-15-6:00PM-REGULARBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 15 APRIL 2008 AT 6:00 P.M. IN ASSEMBLY ROOM 3 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, 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 — 19: 3. Budget Amendment 07/08-26.1 thru 07/08-26.6. 4. Personnel Change of Status. 5. Payment of Claims. 6. Abandonment of a subdivision named Grandview Estates consisting of 18.90 acres of land, more or less, being Block 1, Lots 1-11 and Block 2, Lots 1-3. The site is located in Precinct 2. 7. FY 09 Texas SAVNS Maintenance Grant Contract with the Office of the Attorney General of Texas for continued participation in the Texas statewide Victim Information and Notification Everyday (VINE) Program. Term of agreement is 9/01/2008 through 8/31/2009. 8. Service Agreement Renewal with Appriss for automated victim notification services associated with the VINE Program. Term of agreement is 9/01/2008 through 8/31/2009. Office of the County Judge • 300 East 26th St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 107 I (O Commissioners Court Agenda 15 April 2007 Page 2 9. Resolution 08-007 initiating eminent domain proceeding. 10. Out of state travel request from the Sheriff's Office for Jail Administrator Wayne Dicky, Lt. David Drosche and Lt. Clarence Henry to attend the National Institute of Corrections' "Inmate Behavior Management" training program in Denver, Colorado. Dates of travel are 13-19 April 2008. 11. Tax Refund Applications for the following: a. West Mack b. Jessica L. Pinckard, Charles & Rhonda Lazarre c. Vaughn & Ronald Calvin 12. Commissioners Court minutes for the following 2007 dates: a. 6 Nov. Regular Meeting b. 13 Nov. Regular Meeting c. 13 Nov. Workshop Session d. 16 Nov. Special Meeting e. 20 Nov. Regular Meeting f. 27 Nov. Regular Meeting g. 27 Nov. Workshop Session h. 30 Nov. Workshop Session 13. Treasurer's Report for the month of February, 2008. 14. Permission to award Bid 2008-034, Asphalt, Oil and Emulsions, as follows based on best price: Primary: Cleveland Asphalt -- AE Prime Martin Asphalt -- CRS -2 and HFRS-2P SEM Materials -- SS -1 and HFRS-2 Secondary: Cleveland Asphalt -- CRS -2, SS -1, and HFRS-2P Martin Asphalt -- AE Prime and HFRS-2 15. Permission to award Bid 2008-027, Shop Supplies and Auto Parts, to NAPA College Station based on best price. 16. First Amendment to the Sale and Purchase Agreement with Texas KJ Investments, LLC amending the agreement to allow Brazos County to purchase a 4.90 acre tract of land from this company. 17. Request from Wellborn Special Utility District to construct road bores for water line installations in the right of way of I&GN Road, Headwater Lane and Capstone Drive, Brazos County, Texas. Site is located in Precinct 1. 18. Request from Wellborn Special Utility District to construct an 8 inch road bore in the right of way of I&GN Road and 4 inch water line installations in, and parallel to, the right of way of North Graham Road (to the College Station city limits). Site is located in Precinct 1. !o1 1G Commissioners Court Agenda 15 April 2007 Page 3 19. Payment Authorization in the amount of $59.95 to GT Distributors for goods received by the Magistrate's Office in the 2007 fiscal year. 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 Center 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. IDS COMMISSIONERS' COURT REGULAR MEETING APRIL 15, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center, 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, April 15, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, the following spoke: County Judge a) He received an e-mail from the Treasurer informing him that Terri White, Chief Deputy Treasurer, was celebrating 25 years with the county. He congratulated her and thanked her for her service. Vol 107 Page I to 4 Commissioners Court meeting April 15, 2008 2 The Court next considered Budget Amendment #07/08-26.1 through 26.6, which would adjust the budget of the Law Enforcement Officers Standards and Education Fund (LEOSE); increase Road & Bridge Department Contingency; reallocate funds for the Exposition Center, Capital Improvement Fund - Commissioners Court, Constable, Precinct 1; transfer funds from Contingency to Court Support Costs. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. 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 change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7048647 through 7048915 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the abandonment of a subdivision named Grandview Estates consisting Vol 107 Page 1 197 Commissioners Court meeting April 15, 2008 3 of 18.90 acres of land, more or less, being Block 1, Lots 1-11 and Block 2, Lots 1-3 located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the abandonment of a subdivision named Grandview Estates. The Court next considered the fiscal year 2009 SAVNS Maintenance Grant contract with the Office of the Attorney General of Texas for continued participation in the Texas Statewide Victim Information and Notification Everyday (VINE) Program. The term of the contract shall be from September 1, 2008 through August 31, 2009. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the 2009 SAVNS Maintenance Grant contract with the Office of the Attorney General of Texas for continued participation in the Texas Statewide Victim Information and Notification Everyday (VINE) Program. A copy is attached. The next matter before the Court was consideration of a service agreement renewal with Appriss for automated victim notification services associated with the VINE Program. This is a twelve (12) month agreement that renews September 1, 2008 and terminates August 31, 2009. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted Vol I07 Page 1 tg Commissioners Court meeting April 15, 2008 4 unanimously to approve the renewal of the 2009 Apriss Service Agreement in association with the Victim Information and Notification Everyday (VINE) Program. A copy is attached. The next matter before the Court was consideration of Resolution #08-007 Initiating Eminent Domain Proceedings. The County originally purchased the property from the Bryan Saddle Club, Inc., but was found to be omitted in the parties' original documentation and deed transfer. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to direct the County Attorney, on behalf of the County to negotiate and/or acquire, in the name of the County, fee interest in the property by purchase if a reasonable purchase price can be negotiated, by legal means including but not limited to an action for declaratory judgment or by eminent domain proceedings in accordance with Texas law; to prepare and prosecute such proceeding or proceedings in the proper court having jurisdiction thereof as is necessary for such acquisition; to obtain from the Court an order permitting the County to take immediate possession and use of said real property and easements affecting said real property, for the purposes described; and to use the services of outside counsel as necessary to accomplish these directives. The resolution shall take effect immediately. A copy is attached. Vol 10 7 Page Io Commissioners Court meeting April 15, 2008 5 The next matter for consideration by the Court was a request submitted by the Sheriff's Office -Jail Administration seeking approval for out of state travel for Wayne Dicky, Jail Administrator, Lt. David Drosche, and Lt. Clarence Henry to attend the National Institute of Corrections training program "Inmate Behavior Management" in Denver Colorado April 13-19, 2008. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff's Office -Jail Administration and approved payment of out of state travel expense for Wayne Dicky, Jail Administrator, Lt. David Drosche and Lt. Clarence Henry. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) West Mack, Over Payment $5.50 b) Jessica L. Pinckard, Charles & Rhonda Lazarre, over payment $550.95 c) Vaughn & Ronald Calvin, over payment $ 22.19 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in November 2007 on the following dates: Vol 1 07 Page 170 Commissioners Court meeting April 15, 2008 6 Regular Meetings - 6th, 13th, 20th, 27th, Workshop Meeting - 13th, 30th Special Meeting - 16th On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the minutes as submitted. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for February 2008. A copy is attached and made a part of these minutes. The Court next considered awarding Bid No. 2008-034, Asphalt, Oil & Emulsion. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Primary Cleveland Asphalt - AE Prime Martin Asphalt - CRS -2 and HFRS-2P SEM Materials - SS -1 and HFRS-2 Secondary Cleveland Asphalt - CRS -2, SS -1 and HFRS-2P Martin Asphalt - AE Prime and HFRS-2 On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. Vol 107 Page 171 Commissioners Court meeting April 15, 2008 7 The Court next considered awarding Bid No. 2008-027, Shop Supplies and Auto Parts. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by NAPA College Station. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to NAPA College Station. A copy of the bid tabulation is attached. The next matter before the Court was consideration of a First Amendment to the Sale and Purchase Agreement with Texas KJ Investments, LLC amending the agreement to allow Brazos County to purchase a 4.90 acre tract of land from this company. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the First Amendment to the Sale and Purchase Agreement with Texas KJ Investments, LLC. A copy of the First Amendment to Sale and Purchase Agreement is attached. The Court next considered the request from Wellborn Special Utility District to construct road bores for water line installations in the right-of-way of I&GN Road, Headwater Lane and Capstone Drive in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Vol 1 o 7 Page 17a Commissioners Court meeting April 15, 2008 8 Commissioner Peters, the Court voted unanimously to approve the request by Wellborn Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wellborn Special Utility District to construct an 8 inch road bore in the right-of-way of I&GN Road and 4 inch water line installations in, and parallel to, the right of way of North Graham Road, to the College Station city limits in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request by Wellborn Special Utility District and authorized the installation. request is attached hereto. The Court next considered a payment authorization in the amount of $59.95 to GT Distributors for goods received by the Magistrate's Office in the 2007 fiscal year. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Vol 0 7 Page (73 A copy of the Commissioners Court meeting April 15, 2008 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Wassermann a) Brazos County participated in the Brazos Beautiful Trash Off Day. There were 319 volunteers, 3.57 tons of trash collected and 250 abandoned tires were picked up. There being no further business to come before the Court, the meeting was adjourned. Vol 1b7 Page l 7 9 The foregoing minutes of the Commissioners Court meeting held April 15, 2008 have been examined and are approved in open Court this the O:21t_ day of AP r , 2008, in Bryan, Brazos ount „ Texas. Randy S i ' s County judge Duane Peters 1/1Z -i-14- /1,(4# -- Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall Commissioner, Precinct 2 Commissioner, Precinct 3 Carey Culey, Jr. Commis loner, Precinct 4 Attest: Karen McQueen County Clerk Vol Page 4 1 5 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ,S 1 2008 AT 'O0 t91/ Name (PLEASE PRINT) Organization/Department % Ly th eJ $ jLaL, et & r- 1 h �5/ SeeAJi' el/zee • (1 n Ykcidauk—. L-ciim ti -A k'LJ Sv ire,tE &F.. 61-tjyi BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-26.1 thru 07/08-26.6 On this the 15th th 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 15 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 15th day of April 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy s, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 101 .17.7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.1 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1800 30000100 61 151 100 DR LEOSE Constable Pct 1 174.83 1800 30000100 61 151200 DR LEOSE Constable Pct 2 680.54 1800 30000100 61 151300 DR LEOSE Constable Pct 3 498.42 1800 30000100 61 151400 CR LEOSE Constable Pct 4 904.56 1800 30000100 61151800 DR LEOSE County Attorney 178.35 1800 30000100 61 151900 DR LEOSE District Attorney 200.73 1800 30000100 61 152800 CR LEOSE Sheriff 2,269.97 1800 48063000 CR LEOSE Training 1,071.11 1800 47010000 CR Reserve Fund Balance 1,276.05 Law Enforcement Officers Standards and Education (LEOSE): During the budget process the reserve fund balance at the fiscal year end as well as the following year's state funding allocation are estimated. The actual fundings are not received until March 2008; therefore, this amendment is to adjust the budget to the actual funds available. Prepared By: Date: fd 4/3/2008 epartment to County Ju • . e Approval Date 107` 178 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.2 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61 130000 DR R&B Contingency 632.p27.0() 0100 47020000 CR Reserve for Contingency. 632.627.00 Road & Bridge: To increase the Road and Bridge contingency by the amount of funds budgeted for the FYE 9/30/07 over the amount actual y used. Prepared By: Date: fd 4/3/2008 1.\ ilt- qn)11/! Date Departme Approval County Ju ge Approval Date 107 i`9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.3 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 60500000 CR Office Equipment 1,500.00 0100 36000100 61110000 CR Conference & Seminar Fees 1,200.00 0100 36000100 65250000 CR Diesel 2,000.00 0100 36000100 65750000 CR Small Tools 10,000.00 0100 36000100 67286000 DR Equipmment - Other 14,700.00 Exposition Center To reallocate funds to allow for the purchase of additional pig, lamb and goat panels. Prepared By: ifj Date: 4/9/2008 Department Appro Date Sby County Ju • • e Approval Date Ids . 18 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.4 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency Contract Placement 100,000.00 0100 11010000 71040000 DR 100,000.00 Court Support Costs To reallocate funds to allow for additional contract placement. Prepared By: ifj Date: 4/10/2008 Department Approval /DI County J = ge Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.5 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80050000 CR Appliances 367.88 4500 63000500 67050000 DR Appliances 367.88 Capital Improvement Fund: Commissioner's Court To reallocate funds for the actual cost of an ice machine at the Exposition Complex. The original cost was anticipated to be $3,900, the actual cost was $4,267.88 a difference of $367.88. Prepared By: ifj Date: 4/10/2008 County Ju • • e Approval De artme A rova 7/tLZ).!7 a p pp Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 26.6 4/15/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101 100 65550000 CR Radio Maintenance 1,449.32 0100 30101100 67050000 DR Utilities 1,449.32 Constable Prectinct #1: Clark To reallocate funds to allow for utility costs anticipated for the remainder of the fiscal year. Prepared By: Date: ifj 4/10/2008 Department Approv County Jud s • Approval /(507_ Date Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 15, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Request.,.. Request(s) Applies To District Clerk Autrey, Margaret Transfer within Dept. Bench, Judie Transfer within Dept. Chavarria, Andria Transfer within Dept. Davis, Betty Transfer within Dept. Diaz, Michelle Transfer within Dept. Isaiz, Jacki Transfer within Dept. Lee, Susan Resignation Morgan, Ashley Transfer within Dept. Pace, Crystal New hire Pierce, Morgan Resignation Reeves, Lauren Transfer within Dept. Soria, Kristi Resignation Spittler, Mary Ann Resignation Webster, Evelyn Transfer within Dept. Welsh, Katie Transfer within Dept. Human Resources O'Gilvie, Sharma New hire Juvenile Merchant, Nikki R. New hire SO/Jail Benford, Darin New hire Shannon, Tammy New hire Approved in Commissioners' Court: April 15, 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Isl SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2009 OAG Contract No. 0907618 THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and Brazos County (COUNTY). The Office of the Attorney General and COUNTY may be referred to in this contract individually as a "Party" and collectively as the "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG SAVNS grant program is to maintain Texas counties in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse COUNTY for certain cost incurred in the implementation and operation of its portion of the statewide crime victim notification service ("SAVNS'). To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse COUNTY for eligible expenses related to services delivered to COUNTY by the vendor certified by the OAG to provide certain services to the COUNTY. A Request for Proposals (RFP) for Statewide Automated Victim Services was published November 28, 2005. After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide automated victim services. The certification is stated in that certain document dated January 13, 2006, as renewed until August 31, 2009, by document dated June 25, 2007, and entitled: Vendor Certification for the Statewide Automated Victim Notification Service. This document is hereinafter referred to as the "Certification" and is expressly incorporated herein by reference. The vendor certified to provide the services is Appriss, Inc., a Kentucky corporation authorized to do business in Texas ("Certified Vendor"). SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT 2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on the later of September 1, 2008 or the date of the signature by the OAG executing this contract, (being the date shown on this contract as the date executed by OAG); and unless terminated earlier as provided by another provision of this contract, this contract will terminate August 31, 2009. 2.2 Option to Extend Service Period (Term). This contract may be extended for an additional Service Period (Term) by a written amendment executed with the same formalities as this contract. Extending the Service Period (Term) does not increase the contract amount. Any increase in the contract amount must also be by written amendment executed with the same formalities as this contract. SAVNS Maintenance Grant Contract for State FY 09 Page 1 of 17 lob I SECTION 3 COUNTY'S CONTRACTUAL SERVICES 3.1. County Services Agreement. COUNTY will execute a "County Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the Certification document. The County Services Agreement will include terms and conditions that are intended to provide the COUNTY such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the Certification document. For the convenience of COUNTY, a template services agreement will be made available to COUNTY. The OAG is not acting as an attorney for the COUNTY, therefore the COUNTY is advised to have attorneys of its choice to review and modify the template services agreement to protect the interest of the COUNTY and to ensure that the appropriate level of services will be delivered. 3.2 County Maintenance Plan. COUNTY agrees to maintain the services in a manner consistent with the "County Maintenance Plan." The COUNTY will establish and maintain a COUNTY Maintenance Plan that at a minimum is designed to: 3.2.1. Make available offender information that is timely, accurate and relevant to support the victim notification services; 3.2.2 Verify the Certified Vendor's performance according to County Services Agreement; 3.2.3 Satisfactorily discharge COUNTY obligations as described in the County Services Agreement; and 3.2.4 Identify and dedicate COUNTY staff, resources and equipment necessary to maintain the services in the County Services Agreement. 3.3 County Service Levels. In addition to other service levels that COUNTY may impose, COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor as provided in the COUNTY Services Agreement as well as this contract. In particular, COUNTY will: 3.3.1. Execute a COUNTY Services Agreement Renewal Notice with the Certified Vendor, for the Service Period (Term) that coincides with the Service Period (Term) of this contract. 3.3.2. Verify that the COUNTY input data (the jail and court data elements used by the SAVNS system) is entered accurately and in a timely basis. The standard to define whether the data is timely and accurate should be determined by the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. 3.3.3. Establish a COUNTY VINE log for the purpose of recording all problems noted with the system; to whom the problem was referred, and when the problem was resolved. 3.3.4. Provide periodic written reports (forms provided by OAG) describing COUNTY monitoring, findings, usage, problems and observations as requested by the OAG. 3.3.5. The County Judge may delegate the responsibility for assuring these activities are SAVNS Maintenance Grant Contract for State FY 09 Page 2 of 17 /o7 1810 accurately reported to the County Auditor or the person in the COUNTY who assumes these independent responsibilities if other than the Auditor. 3.3.6. Allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. COUNTY will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a statewide basis. COUNTY may reasonably agree to designate third -parties to assist the OAG, COUNTY and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3.5 Support of Statewide Deliverables. COUNTY will reasonable cooperate with the OAG in implementing the Statewide deliverables. The "Statewide Deliverables" describe the services and structure of the victim notification system on a statewide basis. The OAG may update or modify the Statewide Deliverables from time to time, with the appropriate input from the Statewide Stakeholders Committee. The Statewide Deliverables are incorporated herein by reference. To the extent the Statewide Deliverables are relevant to this SAVNS Maintenance contract, the Statewide Deliverables, include, but are not limited to, the following: S-01 Service Specification S-02 Questionnaire Template S-03 Statewide Implementation Plan S-04 Stakeholder Communication Plan S-05 Call Center Infrastructure S-06 County Implementation Plan Template S-07 Web Sites(s) S-08 Statewide Promotions Package S-09 Internal Test Guide S-10 Statewide Implementation Status Reports S-1 I Service Level Standards S-12 Service Performance Reports V-01 Vendor Certification 3.5 County Deliverables. The "County Deliverables" reflect the Statewide Deliverables, as customized to meet the specific needs of COUNTY. The County Deliverables, both general and as customized, are incorporated herein by reference. COUNTY implements the County Deliverables through the County Services Agreement. To the extent the County Deliverables are relevant to this SAVNS Maintenance contract, the County Deliverables include, but are not limited to, the following: C-02 County Implementation Plan C-03 County Infrastructure C-04 Application Interface C-05 Customer Verification Plan C-06 County Support Document C-07 County Promotions Package C-08 Production Notice C-09 County Web Access SAVNS Maintenance Grant Contract for State FY 09 Page 3 of 17 Jb% 3.6 Data Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor COUNTY performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including, but not limited to, an XML extract) as requested by the OAG. 3.7 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of reimbursement, COUNTY agrees to faithfully, timely and in a good -and -workman -like manner implement and maintain the services in compliance with the Scope of Services. COUNTY shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4 REQUIRED REPORTS 4.1 Required Reports; Form of Reports; Filings with OAG. COUNTY shall forward to the OAG, the applicable reports on forms as specified by the OAG. COUNTY shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that COUNTY is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from COUNTY. 4.2 Audit Reports and Other Documents. COUNTY shall submit to the OAG two (2) bound copies of any and all applicable audit reports, management letters, and management responses. Such reports, letters, and responses must be submitted on or before whichever of the following dates occurs first: a. Thirty (30) days after the issuance of the audit report; or b. Within nine (9) months after the end of the audited fiscal year for that COUNTY whose fiscal year begins on or after October 1. 4.3 Cooperation. COUNTY shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by Certified Vendor which may be conducted by the OAG or its designees. SECTION 5 FINANCIAL MATTERS AND REIMBURSEMENTS 5.1 Exhibit A — Allowable Expenditure Amount. COUNTY shall immediately review the allowable expenditures as shown on Exhibit A 5.2 Time Period and Form of Invoice. The OAG's liability to pay and the COUNTY's ability to seek reimbursement will be in (1) time -period of up to 12 -months period of time. Upon submission and approval of the COUNTY's request for reimbursement, the COUNTY will receive up to the full amount of "Total Grant Funds Available" as noted in Exhibit A. The payments made to COUNTY shall not exceed its actual and allowable allocable costs to provide the services under this contract. The OAG is under no obligation to reimburse COUNTY if supporting documentation is not provided on a timely basis. Complete invoice submission instructions are described in the Texas VINE Program Request Procedures for SAVNS Maintenance Grant Contract for State FY 09 Page 4 of 17 1 b7 I gg FY 2009 Maintenance Expenses packet. The form of any invoice for reimbursement of expenses submitted under this section must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG may from time to time require different or additional supporting documentation. The COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days following the end of the month that a reimbursable expenditure was incurred. The COUNTY may submit a make-up claim as a final close-out invoice not later than the earlier of (1) forty-five (45) calendar days after termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium. 5.3 Reimbursable Cost; Generally Upon evidence of satisfactory compliance with the terms and conditions of this contract, the OAG will reimburse COUNTY, subject to the limitation of liability in Exhibit A, for such actual, reasonable and necessary amounts expended in the performance of this contract. Only those costs allowable under applicable cost principles are eligible for reimbursement under this contract. The COUNTY acknowledges that it is a sub -recipient of state funds and/or federal funds. Therefore, the following cost principles, audit requirements, and administrative requirements shall apply if state funds are involved; (if federal funds are involved, there are additional requirements and attached exhibits): Cost Principles Administrative Requirements Audit Requirements OMB A-87 as modified by UGMS OMB A-102 as modified by UGMS OMB A-133 as modified by UGMS Uniform Grant Management Standards (UGMS) pursuant to Texas Government Code Chapter 783 Uniform Grant Management Standards (UGMS) pursuant to Texas Government Code Chapter 783 Texas State Single Audit Circular For purposes of this contract, the COUNTY shall comply with the applicable OMB Circulars with the following modifications: All references to "Federal Grantor Agency(ies)" shall be expanded to read "Federal or State Grant Agency(ies)." All references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State Law;" and all references to "Federal Government" shall be expanded to read "Federal or State Government," as applicable. To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after the end of the applicable contract period. Before incurring any out-of-state travel expenses, the COUNTY must obtain prior written authorization for that travel from the OAG. If the COUNTY expends $500,000 or more in state or federal financial assistance during its fiscal year, it shall arrange for a Single Audit of that fiscal year. The audit must be conducted by an independent auditor and must be in accordance with the applicable government auditing standards, the Texas State Single Audit Circular and the UGMS published by the Governor's Office of Budget and Planning. For the purposes of this contract, the audit provisions of OMB Circular A-133 shall apply to county contracting entities. If the COUNTY is expending less than $500,000 in total state or federal financial assistance during its fiscal year, it shall arrange for an annual independent financial audit in accordance with generally accepted government auditing standards of that fiscal year. SAVNS Maintenance Grant Contract for State FY 09 Page 5 of 17 107_ 5.4 No Supplanting. COUNTY will not supplant [use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract] but rather shall use funds from this contract to supplement existing funds. COUNTY shall use the funds from this contract to increase state or local funds currently available for a particular activity. COUNTY will make a good faith effort to maintain its current level of support. COUNTY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this contract. 5.5 Direct Deposit. The COUNTY may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing the COUNTY with copies of reimbursement vouchers. 5.6 Excess Payments; Refund; Setoff. Payment under this contract will not foreclose the right of the OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the OAG within thirty (30) calendar days from date of the OAG's request to repay the OAG any funds the COUNTY claimed and received from the OAG for the reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement. The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any reimbursement made to the COUNTY for any excessive or ineligible expenditures not yet refunded to the OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of the COUNTY. 5.7 Limited Pre -Reimbursement Funding to COUNTY. In lieu of the reimbursement processes addressed above, the OAG, may, at its sole discretion, provide limited pre -reimbursement funding for reimbursable expenses to COUNTY. This limited funding is not preferred and may be allowed upon submission of the following written documentation supporting the request: a. A fully executed County Services Agreement Renewal Notice with the Certified Vendor for the time period covered by the pre -reimbursement funding request; b. An invoice from the Certified Vendor which includes the dates covered under the Standard Maintenance Phase; c. A completed OAG form titled Verification of Continuing Production; d. An invoice to the OAG that complies with the requirements of the OAG Template Invoice; and e. A written justification explaining the need for pre -reimbursement funding. The COUNTY should submit an invoice to the OAG no sooner than forty-five (45) days and no later than thirty (30) days before the COUNTY'S obligation to pay matures. The OAG will not provide pre - reimbursement funds any sooner than thirty (30) calendar days prior to the payment becoming due and payable under the COUNTY Service Contract. 5.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. COUNTY shall follow UGMS or any other applicable OMB Circulars, with regard to usage of the contract funds to acquire equipment. COUNTY shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. COUNTY shall permanently identify all equipment purchased under this SAVNS Maintenance Grant Contract for State FY 09 Page 6 of 17 101 1V contract by appropriate tags or labels affixed to the equipment and to maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. COUNTY will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event COUNTY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses COUNTY for its purchase of equipment and supplies with funds from this contract, COUNTY agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 5.9 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that reimbursement from grant funds is not an entitlement or right and that it may not be reimbursed for such actual, reasonable and necessary amounts and costs incurred or expenses paid unless the COUNTY strictly complies with all terms, conditions, and provisions of this contract. SECTION 6. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL 6.1 Reimbursable Amount and Limitation of Liability. Those provisions of this contract are contained in the attached Exhibit A. The OAG is not obligated to reimburse expenses that are incurred prior to the commencement of this contract or after the termination of this contract. The parties stipulate and agree that any act, action or representation by either party, their agents or employee that purports to increase the liability of the OAG is void, without first executing a written amendment to this contract specifically amending this provision. The parties acknowledge and agree that nothing in this contract will be interpreted to create an obligation or liability in excess of the funds currently stated in this contract. 6.2 Funding Limitation. The parties stipulate and agree that funding for this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. The parties further stipulate and agree that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the Purpose of this contract. SECTION 7. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by COUNTY. The OAG may require submission of information via facsimile or in an electronic format, including via the internet and/or a web -based data collection method. Unless otherwise indicated by the OAG in writing, the submission of information to the OAG will be by hard -copy to the addresses listed as follows: SAVNS Maintenance Grant Contract for State FY 09 Page 7 of 17 7.1 Information, Excluding Invoices. All correspondence, reports or notices, except invoices, must be submitted to: Grants Management Office of the Attorney General Grants Administration Division, Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 7.2 Invoices. All invoices must be submitted to: Grants Financial Management Office of the Attorney General Grants Administration Division, Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 SECTION 8. TERMINATION 8.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this contract in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party. 8.2 Termination for Cause In the event that COUNTY fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to COUNTY, immediately terminate all or any part of this contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. 8.3 Rights Upon Termination or Expiration. Upon termination or expiration of this contract, the OAG will not reimburse COUNTY, if after the notice of termination or expiration of this contract, the COUNTY thereafter receives services from the Certified Vendor. If the COUNTY terminates for convenience under Section 8.1, or if the OAG terminates under Section 8.2 before the purpose of this contract is accomplished, then the OAG may require the COUNTY to refund all or some of the grant funds paid under this contract. The following terms and conditions survive the termination or expiration of this contract: Section 3.6 - Data Extract; Section 4 - Required Reports; Sections 5.2, 5.3, 5.4, 5.6 and 5.8 — Financial Matters and Reimbursements; Section 6 — Reimbursable Amount and Limitation of Liability; Section 9 - Records Retention and Access; Audit Requirements; Sections 11.1, 11.2, 11.6 and 11.7 — Special Terms and Conditions, Section 12 — Construction of Contract and Amendments. Upon the OAG request, the COUNTY shall deliver to the OAG all work product, deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared or otherwise developed by COUNTY in the performance of the scope of work authorized by this contract shall vest in the OAG, and upon request of the OAG shall be delivered to the OAG within thirty (30) business days after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made the subject of this contract. SAVNS Maintenance Grant Contract for State FY 09 Page 8 of 17 !D% /14,2 8.4 Notice to Certified Vendor. Any termination of this contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 9. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS. 9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Contract. COUNTY also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 9.2 Records Retention COUNTY shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by tracing the activities of individuals through the system. COUNTY's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. COUNTY agrees that COUNTY's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 9.4 Access. COUNTY shall grant access to and make available copies of all data extracts described in Section 3.6, as well as all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract and the operation and management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this contract shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. COUNTY will direct any contractor to discharge COUNTY's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this contract. COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant physical access to all program delivery sites to representatives of the State of Texas and/or the OAG and its designees. 9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at the COUNTY's principal place of business and/or the location(s) of the COUNTY's operations during the COUNTY's normal business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and inspectors SAVNS Maintenance Grant Contract for State FY 09 Page 9 of 17 07 193 as OAG may designate in writing, on COUNTY's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 9. 9.6 Reimbursement. If an audit or examination reveals that COUNTY's invoices for the audited period are not accurate, COUNTY shall promptly reimburse OAG for the amount of any overcharge, unallowable or excessive amount. 9.7 Reports. COUNTY shall provide to OAG periodic status reports in accordance with OAG's audit procedures regarding COUNTY's resolution of any audit -related compliance activity for which COUNTY is responsible. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, UGMA, UGMS, and Other Relevant Authorities. COUNTY agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of COUNTY under this contract, including any authorities relating to programmatic, financial, accounting auditing and/or funding. COUNTY agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, and UGMS, as amended by revised federal circulars incorporated in UGMS by the Governor's Budget and Planning Office. COUNTY also shall comply with all applicable federal and state assurances and certifications contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart A, §14, State Assurances. 10.2 Licenses, Certifications and other Authorizations. COUNTY agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of COUNTY's business or operations. COUNTY agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. 10.3 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and is applicable to this contract. COUNTY agrees to strictly comply with the requirements and obligation described in Exhibit B. 10.4 Conflicts of Interest; Disclosure of Conflicts. COUNTY has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. COUNTY will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. COUNTY will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. COUNTY must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. SAVNS Maintenance Grant Contract for State FY 09 Page 10 of 17 Hit SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. COUNTY expressly agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of COUNTY be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. COUNTY agrees to take such steps as may be necessary to ensure that each contractor of COUNTY will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of their contractors shall be considered to be solely the employees or agents of COUNTY or the contractors. COUNTY shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, COUNTY or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties and COUNTY and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of their actions or performance under this contract. To the extent allowed by law, COUNTY agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of the COUNTY, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity; Intellectual Property. It is expressly agreed that COUNTY may not name the OAG in general or the Attorney General of the State of Texas specifically, in any publication, promotion, marketing, media release, public service announcement, or any other type of communication by COUNTY (nor may COUNTY authorize anyone else to do so), without the express written consent of the OAG. COUNTY understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, COUNTY may copyright such material subject to the royalty -free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and COUNTY hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this contract. 11.3 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by COUNTY is for the sole benefit of COUNTY and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.4 No Subcontracting or Assignment Without Prior Written Approval of OAG. COUNTY may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. 11.5 No Grants to Certain Organizations. Consistent with the OAG's Appropriation, Rider 12, in H.B. SAVNS Maintenance Grant Contract for State FY 09 Page 11 of 17 No. 1, Article I, Strategy C.1.2, Victims Assistance, 80th Leg. Reg. Sess. (2007), COUNTY confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.6 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.7 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, and to the extent allowed by law, COUNTY agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. To the extent allowed by law, COUNTY hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that COUNTY is not personally subject to the jurisdiction of the above -named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits A and B and Incorporated Documents. This contract, including Exhibits A and B, and any other documents incorporated by reference, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. Exhibit A and B are attached and incorporated herein. By executing this contract, COUNTY agrees to strictly comply with the requirements and obligations of this contract, including Exhibits A and B and any other documents incorporated by reference. 12.3 Amendment. This contract shall not be modified or amended in any way except in writing, signed by an authorized person of the Parties for that express purpose. Any properly executed modifications or amendments of this contract shall be binding upon the Parties and it presumed to be supported by adequate consideration. Any attempted modification or amendment of this contract that does not comply with this Section will be deemed voidable at the sole option of the OAG. 12.4 Partial Invalidity; Non -waiver. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. The failure of any Party to SAVNS Maintenance Grant Contract for State FY 09 Page 12 of 17 insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.5 Counterparts. This contract may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. Office of the Attorney General of Texas Brazos ntv i exas Attorney General or designee Judge ' dy Sims Printed Name Date: SAVNS Maintenance Grant Contract for State FY 09 Page 13 of 17 Printed Name Date: I" EXHIBIT A SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2009 OAG Contract No. 0907618 Population Size: Large The OAG will reimburse COUNTY for allowable SAVNS expenditures as follows: Event Cost for Jail Cost for Courts Maximum Number of Months Total Grant Funds Available Standard Maintenance Phase $25,817 $ 4,291 12 $30,108 Service Period (Term). The Service Period (Term) of this contract is stated in Section 2.1 of the Contract. The maximum number of months is provided above. If this contract does not commence before September 1, 2008, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. Limitation of Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY for any type of liability directly or indirectly arising out of this contract and in consideration of COUNTY'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG to the COUNTY for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed: THIRTY THOUSAND ONE HUNDRED EIGHT and NO/100 ($30,108) SAVNS Maintenance Grant Contract for State FY 09 Page 14 of 17 EXHIBIT B SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY FOR THE STATE FISCAL YEAR 2009 OAG Contract No. 0907618 The Uniform Grant Management Standards ("UGMS"), Part III, Section .14; Promulgated by the Office of the Governor, State of Texas, Establish the following assurances applicable to recipients of state grant funds: (1) COUNTY must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) COUNTY must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) COUNTY must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) COUNTY must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) COUNTY that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. COUNTY shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. SAVNS Maintenance Grant Contract for State FY 09 Page 15 of 17 8) COUNTY must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. COUNTY shall also ensure that all program personnel are properly trained and aware of this requirement. (9) COUNTY will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) COUNTY, as applicable, will comply, with the provisions of the Davis -Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub agreements. (11) COUNTY, as applicable, will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) COUNTY will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) COUNTY will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) COUNTY, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) COUNTY, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood SAVNS Maintenance Grant Contract for State FY 09 Page 16 of 17 insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) COUNTY, as applicable, will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (17) COUNTY, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) COUNTY, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (19) COUNTY, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) COUNTY, as applicable, will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) COUNTY, as applicable, will comply with Public Law 103-277, also known as the Pro -Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) COUNTY, as applicable, will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) COUNTY, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) COUNTY, as a signatory party to the grant contract, must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) COUNTY must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SAVNS Maintenance Grant Contract for State FY 09 Page 17 of 17 Exhibit R-05 Maintenance Renewal Automated Victim Notification Services Brazos County Category: Pilot - Large Subject to the terms and conditions included in the Agreement, this Exhibit R-05 Schedule of Payments shall describe the payments that Customer shall pay to Appriss. Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2009. Jail Maintenance Amount Court Maintenance Amount Annual Maintenance Amount # of Months Through 8/31/09 Total Maintenance Amount Due $25,817 $4,291 $30,108 12 Months $30,108 Out of Scope Costs.' These services will be billed directly to the County and may not be reimbursed by the Office of the Attorney General's Grant Program. Additional costs will be incurred for out of scope work. There will only be three events that constitute out of scope work: (1) if Customer moves their facility requiring Appriss to move interface equipment and telephone lines, then a site move charge will not to exceed $1, 500,- (2) if Customer changes its booking system and replaces it with another system for which the Appriss has already built an interface, then there will be a one time charge not to exceed $3,000; and (3) third if Customer changes its booking system and replaces it with another system for which the Appriss has not built previously an interface then there will be a one time charge not to exceed $5, 000. 1. Customer Facility Move 2. Change of Booking System 3. Change of Booking System to to vendor -standard system non -Vendor -standard system not -to -exceed $1,500 not -to -exceed $3,000 not -to -exceed $5,000 Additional Services) Any services, not covered by this Agreement and provided by Appriss shall be billed to Customer at the following rates: Standard Hourly rate Overtime Hourly Rate not -to -exceed $160 / hour not -to -exceed $175 / hour Services After Termination. Subject to the terms and conditions included in the Agreement, the cost of Services provided by Appriss to the Customer shall be governed by the following payment terms. Following either the expiration or termination of this Agreement, then Customer shall pay Appriss an amount equal to 1/12th the then current Annual Maintenance Fee, for each month that the Customer elects to receive the Services. Customer may elect to receive the Services for any increment of months up to the maximum time period stated in the Agreement. 1 based on subsection V Out of scope cost for county changes in the Service Price section of the Vendor Certification. 2 prices as defined in the Appriss's Price Proposal dated August 15th, 2002. .107* aoa R-05 Service Agreement Renewal Notice DATE: CUSTOMER NAME: LOCATION: PROJECT TYPE: ORIGINAL SERVICE AGREEMENT DATE: SERVICE AGREEMENT RENEWAL DATE: SERVICE AGREEMENT RENEWAL TERM: February 13, 2008 Brazos County 300 East 26th Street, Suite 114 Bryan, TX 77803 Brazos County VINE Service March 30, 2004 September 1, 2008 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: Septmber 1, 2009 PROJECT PRICING: $30,108 County Copy This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. Contract Changes: None Special Note: Please refer to the Out of Scope Costs referenced in the attached Exhibit R-05 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes. AUTHORIZATION: Thomas R. Seigle Vice -President of Government Sales CUSTOBY: Signat Title 1�1 Date Name BRAZOS COUNTY BRYAN, TEXAS RESOLUTION A RESOLUTION INITIATING EMINENT DOMAIN PROCEEDING OR OTHER RELIEF Whereas; the County of Brazos, a political subdivision of the State of Texas, is authorized to acquire private property for public use through the exercise of eminent domain; and Whereas; the County of Brazos has determined that a certain parcel of land must be acquired and cleared to accommodate the Public Use and Purposes; and Whereas; the County of Brazos has obtained an appraisal of this parcel, and has extended or has begun the process of extending offers to the identified property owner to purchase the property for its fair - market value; as indicated by the appraisal; and Whereas; the County of Brazos desires to acquire the property described below through the exercise of its power of eminent domain for the Public Use and Purposes including without limitation, to accomplish ownership of property originally purchased from the Bryan Saddle Club, Inc., by the County but upon discovery, was omitted in the parties' original documentation and deed transfer. NOW, THEREFORE, IT IS RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: Section 1. The Brazos County Commissioners Court finds and determines that the public interest and necessity require the acquisition and the immediate occupancy of the parcel of real estate located in Brazos County and identified as: all that certain tract or parcel of land, lying and being situated in the S. F. Austin League No. 10, Brazos County, Texas, and being a out of a 79- 3/4 acre tract of R. W. Siegert's and described as follows: BEGINNING at an iron stake at the north corner of a tract of land conveyed by R. W. Siegert and wife to H. P. Pittman on May 2, 1953, by deed recorded in Volume 159, page 78, of the Deed Records of Brazos County, Texas; THENCE North 46° West a distance of 1149 feet to the center of a public road; THENCE South 46'/2° West a distance of 37.5 feet along the center of said public road; THENCE South 45° East a distance of 1199 feet to an iron stake for corner; THENCE North 10° 30' West a distance of 65 feet to the place of beginning and containing one (1) acre of land, more or less, for the Public Use and Purposes described above, and for other legitimate public uses and purposes. Section 2. The property to be affected by the action taken in Section 1, above, is or may be described above as owned by The Bryan Saddle Club, Inc. The affected property is described above. Resolution 08-007 Office of the County Judge • 300 East 26th St. • Suit 14 • Bryan, Texas 77803 • Fax: (979) 361-4503 16 tty: K . 0 Brazos County Resolution 08-007 Page 2 Section 3. The Brazos County Attorney is directed, on behalf of the County: 1. To negotiate and/or acquire, in the name of the County, fee interest in the property as set forth herein, by purchase if a reasonable purchase price can be negotiated, by legal means including but not limited to an action for declaratory judgment or by eminent domain proceedings in accordance with Texas law. 2. To prepare and prosecute such proceeding or proceedings in the proper court having jurisdiction thereof as is necessary for such acquisition. 3. To obtain from the court an order permitting the County to take immediate possession and use of said real property and easements affecting said real property, for the purposes herein described. 4. To use the services of outside counsel as necessary to accomplish these directives. Section 4. This resolution shall take effect immediately. � ADOPTED by the Brazos County Commissioners Court of Brazos County, Texas this __'LL''— day of , 2008. WGi.Ld�i+✓m/.� _ Com gtzssioner Lloyd Wassermann Precinct 1 Commissioner K n y Mallard Preci 3 ATTEST: andy Sims County Judge � r : (/ ' ma c - r_.-j?`.___.--� Karen McQueen, County -Clerk I Commissioner Duane Peters Precinct 2 Commissioner Carey Cauley, Jr. Precinct 4 "73 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 '`a"— day of F .,r A.D. 2008 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this % day of Randy Si County Judge Lloyd `0Vassermann, Commissioner Precinct #1 Duane Peters, Peters, Commissioner Precin`c #2 137\ Kenny Mallard, C Carey Cauley, Commissioner Precinct #4 Treasurer's Report for the MONTH of FEBRUARY 2008 ct #3 This report is submitted as true and correct to Commissioners Court by CO N 0 O C i re C 2 O 0 TOTAL 14100 - GEN.OBLIG.DEBT SVC. TTL.OF ACCTS.IN POOL - 19700 - COMMUNITY SUPERVISION 9100 - HEALTH DEPARTMENT 5000 - HEALTH & LIFE INSURANCE 6000 - PAYROLL 14904 - C.O. ISSUE 2004 14800 - C.O. ISSUE 2003 14600 - EXPOSITION CENTER FUND 4400 - JUDICIAL SOFTWARE FUND 4500- GEN.PERMANENT IMPV. 4308 - JAIL EXPANSION 2007 14205- 2005 CERTS.OF OBLIGATION 3202 - BRAZOS COUNTY SIU 3500- PRIMARY ELECTION SERVICES 3100 - M.P.O. RAIL STUDY 3201 - CLEAR TEAM TASK FORCE 2900 - VIT INTEREST FUND 3000 - COUNTY GRANTS 12800 -VOTER REGISTRATION 2600 - D/A HOT CHECK COLLECT FEES 2700 - BAIL BOND BOARD FEES 12500 - SPECIAL FORFEITURE FUND 2300 - DISTRICT CLERK MANAGEMENT FUND 2400 - JUSTICE @ PEACE - TECHNOLOGY FUND 12201 - JUSTICE COURT SECURITY FUND 2100 - TIME PAYMENT FUND 2200 - COURTHOUSE SECURITY FUND 2000 - COUNTY CLERK MGMT.FUND 11900 - COUNTY RECORDS MANAGEMENT 1700 - ALTERNATIVE DISPUTE RESOLUTION 1800 - LEOSE FUND 11500 - LAW LIBRARY 11300 - UNCLAIMED FUNDS 11200 - STATE LATERAL ROAD 1100 - HOTEL OCCUPANCY TAX 10200 - COUNTY HEALTH ENDOWMENT FUND 0100 - GENERAL FUND FUND NUMBER & NAME 14 O ...:::' :.00 ::00 (!1 55,728,171.26 I . n 1.c. 720,583.38 1,513,507.27 580,359.47 103.52 I W L8'966'SS0'T 137,679.89 2,526,026.51 (7,583.23) 4,465.95 I io 35,219.50 0.00 108,532.59 54,981.36 N V FV+ F+ Cl 0 U1 co 59,402.95 186,565.14 O Os 10,102.99 94,333.65 UI W ? W t.0 2,910.00 17,094.92 362,578.57 N t00 Co O t'0 W t0 N N 01 N W 42,942,229.99 CASH BALANCE 1/31/2008 NN V W N N : v ", , :: '::. p �O O O .A 15,968,285.88 I 218,249.34 1 01 Cl N LOO 462,253.11 1,984,577.81 0.23 1 0 t0 378.92 I 43 01 W V O 01 W O W I t0 t0 (0 r O O t0 t0 78.82 3,450.38 183,053.97 t0 01 01 Vl 10 -V. t0 0 W 12.73 1,977.90 4,897.40 r S CO V W 619.42 807.33 W t0 0 01 W t0 t0 Ul O Ul 01 t0 3,790.00 256.00 Ul N W in A 00D 01 N V 157.40 N t00 O N r :nO 01 CO W O1 4-0 N to N V I. 3 M Z C at N 0':�:... 4:0 ta O. L31 V .A CO 4, W w INVESTED TEXPOOL INTEREST - FEB O O I+ N ..',1 pf ?�: t0 is .'. :: :': 6,424,955.35 1 - V ;Oo 1N O'. 0 A- V 01 V iO O COW V CO 01 I-• W 1,975,760.38 2,564,937.28 103.75 389,354.85 I r tort V V r in 01 137,988.02 6,199,302.51 (7,583.23)1 4,475.94 o W 0 I Cl io W 35,298.32 0.00 N �+ m ll O i0 Wn CO U w i0 W V 22,238.83 r r 01 iO 01 CO in w V W vt V O— V I-. 61,380.85 191,462.54 r 0 CO in N 10,722.41 102,840.98 CO 01 0 in 0 457,536.78 6,700.00 17,350.92 W 01 vt l in CO N A CO IN. in CO o : lU1 w O r �- 01 r e1 W 2,627,996.89 52,117,198.29 SUB -TOTAL 15,248,855.40 ..r.Q ? o I-, 12,284,248.19 394,025.581 t0 vt a out 0 V 41 O N W N i0 W ut CT � 0 .A 01 V I 379,275.00 1 r W V LO V CO 0 01 164.40 134,156.09 6,465.12 1,166.44 1 2.11 27,420.70 ^O CO W t0 3,562.48 t+ N m- W O in O I+ a I-+ V W 0 01 I W lUn O a I. J,.° 0 W '-. o O W DISBURSED p� m V 1D : :•: :. .: 5,460,348.14 1 59,418,437;75 I 314,142.32 t0J1 W t0 1,453,405.91 860,960.62 103.75 389,354.85 I V 00 co Of in 01 01 F W OO V W COco V O N N V N v z. (Vfl 1O OO U1 00 V 35,298.32 0.00 111,818.57 103,879.24 22,238.83 V r O CO 01 N in W V W VI r V 1-• 54,915.73 190,296.10 N O CO O N 10,720.30 75,420.28 567,787.31 453,974.30 3,790.00 16,267.92 011 Cl 001 O r V N O N V O W (cri4 50 408 021.63 N N V b Cl l00 43,285,798.16 CASH BALANCE 2/29/2008 N N co:: 70 Lel :: 2,286,943.73 508,794.95 1 .$$ $$ 1 1 l 1 l l l 1 1 1 1 1 1 1 1 1,778,148.78 N 2 m M N :: ': .. ;. • ...... Ul 0011 W 'A -P a :....IO N. `M. A? p' N IW+ A N N pp11 .A N co Ul 10 r 001 UI 0 W co O O N O 0 N COW tO tfl 1>' 03 Ut 01 tO t� in 137,988.02 6,148,183.72 (7,583.23)1 4,475.94.1 W to N I Ul m V W ut N t0 0 CO in W 0 N 111,818.57 103,879.24 22,238.831 1,982.33 71,606.57 V7 V p .FV+ 54,915.73 190,296.10 21,808.02 1 10,720.30 75,420.28 567,787.31 1 453,974.30 1 3,790.00 16,267.92 01. 01 O Imo. 271,420.02 70,485.391 O 00 N W N V 01 t0O - In 0 V '00 C0W CK.ACCT.BAL. 2/29/2008 m CO C N 0 0 CO -1 a UI C m UI m O FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT This is the first amendment to that certain Sale and Purchase Agreement dated January 8, 2008 by and between Stanford N, Inc., a Texas corporation ("Seller") and Brazos County, Texas, a political subdivision of the State of Texas ("Buyer"). WHEREAS, the Buyer, during its Contingency Period determined that it was unable, for a variety of reasons, to purchase the original contemplated acreage out of the Parent Tract; and WHEREAS, the Seller is in agreement to amend and alter the description and size of the Land to be purchased pursuant to the Contract; and WHEREAS, this change in acreage also necessitates a change in the terms and conditions of the Contract relative to the platting of the Property and its cost; and WHEREAS, the Seller, subsequent to the execution of the original Sale and Purchase Agreement, conveyed its interest in the Property to Texas KJ Investments, LLC, which transfer has been acknowledged and accepted by the Buyer; and WHEREAS, the parties are in agreement to amend the Contract to reflect the new agreement of the parties. NOW, THEREFORE, KNOW ALL MEN THESE PRESENTS that for and in consideration of the mutual covenants contained herein, together with other good and valuable consideration, the Seller and Buyer hereby amend the Contract to provide as follows: 1. The Land to be purchased pursuant to the Contract is that certain 4.90 acre tract of land more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (herein the "Land"). 2. The Purchase Price for the Land is One Hundred Twenty -Seven Thousand Five Hundred Sixty -Six And 60/100 Dollars ($127,566.60). 3. Paragraph 5 of the Sale and Purchase Agreement shall be and is hereby altered to eliminate the obligation by the Buyer to replat the Property as required by the City of Bryan. The Seller agrees to sell the Land to the Buyer without a plat being filed with the City of Bryan. 4. All defined terms used in this Amendment shall have the meanings assigned to them in the Sale and Purchase Agreement hereby amended. In all other respects, the Sale and Purchase Agreement is hereby ratified, confirmed and reaffirmed by the parties hereto. BUYER: BRAZOS COUNTY, TEXAS, a political sublivisigr 7of the State of T By: SELLER: TEXAS KJ INVESTMENTS, LLC, a Texas limited liability company By: anh Trinh, Member BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: April 15, 2008 ITEM: Request from Wellborn Special Utility District to construct road bores for water line installations in the right of way of I&GN Road, Headwater Lane and Capstone Drive, Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: i4`c.14d e,Gy Richard F. Vance, P.E. County Engineer CC2008-022 APPROVED BY: Commissioner Lloyd Wassermann Precinct 1 This Request i Approved LDl / Denied El by Commissioners' Court Date: Randy S' s, County Judge 101 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) 1N'e,fNoliyt ��(I L4!1 �)`5 C proposes to place a (type) I(v fibre, within across V the right-of-way of (Do N (road) .IRd. in Brazos County, Texas as follows: Fea u,a4e,r C'A ton e_, The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the )Oay of , 20 (�$� APPROVED BY COMMISSIONERS' COURT ON: Date Randy Si s, County Judge 107 2/D Address: Firm: WO\1 o(n Speeioi BY: k Q-OLSL \ Ct..O - Title: PD (Pou WeAlhann , 7- / Phone: �`1[ (A) IPI co- I •1 t m 1O 1 IJ a zx...-r..{;:i'... �;i •:rG::., -tint_ • %^ I1 I ddb aa! S13314S Li 3D 9 L33NS i II 101 SEE SHEE / I SEE SHEET 8 is iM1l 1_v'#R^� 6 133HS 33S BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: April 15, 2008 ITEM: Request from Wellborn Special Utility District to construct an 8 inch road bore in the right of way of I&GN Road and 4 inch water line installations in, and parallel to, the right of way of North Graham Road (to College Station City Limits). Site is located in Brazos County, Texas Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: I. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: �GtiI%,eIy Richard F. Vance, P.E. County Engineer CC2008-023 This Request is Approved Date: APPROVED BY: 4`le ti-jd-tAtipt Commissioner Lloyd Wassermann Precinct 1 / Denied ❑ by Commissioners' Court Randy Si ' , County Judge REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 1(� II / �{ Formal notice is hereby given that (applicant) WC' t1f)0 'y a Cdoii ON G 7S`iii CX proposes to Rlace a (type) * within across the right-of-way of ` (road) in Brazos County, Texas s follows: 2 bo r e.- ,1-Q k) Rek RJn ,-4.« l fr pc raJ ie l to N. a vaka v ✓! -f-o The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Oltd Construction of this line will begin on or after the day off ILLL , 200 Q 0-0;4( Est Firm: 0 -211A - By: Title: Address: Po Paue Di z) (,00 l mil_ , 7k 77k S'/ Phone: C?7C) (Dq0-4-7q fi APPROVED BY COMMISSIONERS' COURT ON: Randy Si s, County Judge Illlllliflllllllllllllllllllllllllllllllllllllllllllllllllllll�llllllllllllllllllllllllllll1111 •a•a OIdI3Vd NOINfl ;I WI ♦ w % oao o z ao tY W Q 0. Y N Y s\ 4 z h • OO, CO N Its g� 2 tett 2 0 DATE' XXXXXX DESIGNED BY, XXX 0 a V I ZL133HS /CO 33S�� V £L 133HS 33S • — - 1 1 14 lL J�33HS 33S X17 �=c NS SEE SHEET 10 TTFZAIL.%::'.1' SEE SHEET 12 RIDGE_ BLUFF ROAD"` 'V 9/1 ,3LYa N0ISl13N A$31V1 f m El 5 sm s pNaX A A I // SEE SHEET 11