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Home My WebLink About2008-06-03-9:00AM-REGULAR~1 plC ~Op- _ ~~O Fem. 23 BRAZOSCOUNTY / BRYAN, TEXAS .ftc- NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 3 .TUNE 2008 AT 9=00 A_M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E_ 26TH STREET, SUITE 115, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen's input and/or concerns- 3. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 January 2008 through 30 April 2008. Consider and take action oa agenda items 4 - 21: 4. Budget Amendment 07/08-33.1 thru 07/08-33.3- 5- Reclassification of the following positions in the Sheriffs Officc- a. Deputy Sheriff, Class 1415, Position 1 - from Group 21, Step 13, annual salary $52,128 to Group 21, Step 6, annual salary $43,848 b_ Process Server Deputy Sheriff, Class 1433, Position 1 from Group 23, Step 2, annual salary $43,848 to Group 23, Step 9, annual salary $52,128 6. Personnel Change of Status. 7- Acceptance of a Special Warranty Deed from Patrick H_ Braswell, Jr_ and wife Janis W- Braswell for improvements to Kurten Cemetery Road located in Precinct 2. YOL_LC~A PAGE 1 OTfi- ofthY County Judge • 300 East 2S" St. - Suite 114 - Bryan, Texas 77803 Fax: (979) 351-4503 Commissioners Court Agenda 3 June 2008 Page 2 8. Acceptance of a Special Warranty Deed from William B. Brazwell and wife Nelda E. Braswell for improvements to Kurten Cemetery Road located in Precinct 2. 9. Payment of Claims. 10. Agreement with ConocoPhillips Specialty Products, Inc. for development and tax abatement in Reinvestment Zone #25 for commercial - industrial tax abatement (previously tabled. 11. Proclamation 08-006 expressing the appreciation and gratitude of this Commissioners Court to the Honorable William R. "Bill" Vance for his service to the Citizens of Brazos County and the State of Texas. 12. Resolution 08-010 authorizing approval of the issuance of hospital revenue bonds for the benefit of Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation. 13. Interlocal Purchasing Agreement with Purchasing Solution Alliance, a purchasing cooperative for public agencies to be administered by the Brazos Valley Council of Governments. Term of agreement is for one year and will automatically renew for successive one-year terms. 14. Lease Agreement with the Brazos County Emergency Service District #1 for office space in the Millican Fire Department building to be used as a remote office for sheriff's deputies. 15. Request from the I. T. Department for an increase to the limit on their departmental credit card to $6000.00. 16. Requisition #00019302 from the I. T. Department in the amount of $5778.07 to Anixter, Inc. from the Law Library Fund for the purchase of wireless access equipment by the I. T. Department for the new County Administration Building. 17. Treasurer's Report for the month of April 2008. 18. Appointment of the Brazos Valley Council of Governments as the sub-recipient of funds for the Brazos Valley Wide Area Communications System (BVWACS). 19. Tax Refund Applications for the following: a. Rick L. & Teresa L. Davis (2) b. Alma Harris Littleton 20. Request for permission to enter the property of Patrick H. Braswell, Jr. located off Kurten Cemetery Road for the purpose of opening the creek charnel to drain water from the roadway for the health, safety and welfare of the general public. Site is located in Precinct 2. VOL 1~` ~ PA'GE Commissioners Court Agenda 3 June 2008 Page 3 21. Payment authorization in the amount of $1425.00 to Maurice E. Dennis Alcohol & Safety Consultants, Inc. from the District Attorney's Office for expert testimony; a purchase order was not obtained in advance. 22. Acknowledgement of the Monthly Reports submitted in May 2008. These reports are available for review in the County Judge's Office. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn VQL - q..PRG'E . The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING JUNE 3, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, June 3, 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, Absent; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next heard a presentation of the quarterly delinquent tax report for the period of January 1, 2008 through April 30, 2008 by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. The Court next considered Budget Amendment #07/08-33.1 through 33.3 that would reallocate funds for the Auditor's Vol ~ 0 9 Page 4 Commissioners Court meeting June 3, 2008 2 Office, Purchasing Department and Court Support Costs. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendments as submitted. A copy is attached. The next matter before the Court was consideration of the reclassification of the following positions in the Sheriff's Office: From: Deputy Sheriff, Class 1415, Position 1, Group 21, Step 13 To: Process Server, Deputy Sheriff, Class 1433, Position 1, Group 23, Step 9 There is no increase to the budget. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the reclassification. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. The County Judge questioned the Human Resources Department request and if the funds were budgeted. He said that step 3 was not normal practice. Commissioner Peters moved to approve the request. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters and Cauley voted "Aye". The County Judge voted no. The motion carried. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Kurten Cemetery Road in Precinct 2. On motion by Commissioner Peters, seconded by Vol 10 q Page ,5 Commissioners Court meeting June 3, 2008 3 Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Patrick H. Braswell, Jr. and wife Janis W. Braswell for the expansion and improvements to Kurten Cemetery Road. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Kurten Cemetery Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from William B. Braswell. and wife Nelda E. Braswell for the expansion and improvements to Kurten Cemetery Road. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7050437 through 7050602 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an Agreement with ConocoPhillips Specialty Products, Inc. for development and tax abatement in Reinvestment Zone #25 for commercial-industrial tax abatement. On motion by Vol 10 9 Page b Commissioners Court meeting June 3, 2008 4 Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to table the matter at the request of Bob Malaise with the Research Valley Partnership who asked for more time. The County Judge read aloud Proclamation #08-006 honoring Justice William R. "Bill" Vance in appreciation of his years of service to Brazos County and the State of Texas. On motion by Commissioner Peters, seconded by Commissioner Cauley the Court moved to proclaim June 3, 2008 as Justice William R. "Bill" Vance Appreciation Day throughout Brazos County. The County Judge read aloud Resolution #08-010 authorizing the County Judge to approve the issuance of Hospital Revenue Bond issued for the benefit of Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation. On motion by the County Judge, seconded by Commissioner Cauley, the Court moved to authorize the County Judge of Brazos County to approve the issuance of the Bonds and the Project and to execute and deliver such approval as requested. A copy is attached. The next matter before the Court was consideration of an agreement with the Brazos Valley Council of Governments to participate in a cooperative purchasing program for public agencies referred to as the "Purchasing Solutions Alliance" or Vol 10 q Page 7 Commissioners Court meeting June 3, 2008 5 "PSA". The agreement becomes effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. Payments will be made upon delivery of goods or services purchased. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreement, appoint the BVCOG its true and lawful purchasing agent for the purchase of certain products and services through the Purchasing Solutions Alliance cooperative purchasing program, and authorized the County Judge to execute the document. A copy is attached. The Court next considered renewal of a lease agreement between Brazos County and Brazos County Emergency Services District #1 for rental of space in the building used by the Millican Fire Department as a remote office for Sheriff's Deputies. Cost to Brazos County would be $100 per month in shared utility expenses. These would be waived until the next budget period. The Sheriff brought in an approval letter signed last night by the District. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Vol 10 q Page 9 Commissioners Court meeting June 3, 2008 6 request from the Information Technology Department for an increased credit limit on the department's credit card. The current limit is $1,000. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request to increase the credit limit and increased it to $6,000. The Court next considered a request to approve requisition #00019302 for $5,778.07 to Anixter, Inc. for the purchase of wireless access equipment for the new Administration Building. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for April 2008. A copy is attached to and made a part of these minutes. The next matter before the Court was consideration of the appointment of a sub-recipient of funds for the Brazos Valley Wide Area Communications System (BVWACS). Tina Snelling clarified that the Federal Grant Funds were administered by the SSA. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to appoint the Brazos Valley Council of Governments as the sub-recipient Vol 109 Page Commissioners Court meeting June 3, 2008 of funds. 7 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Rick L. & Teresa L. Davis, over payment (2) $447.67, $426.30 b. Alma Harris Littleton, over payment $8.67 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Patrick H. Braswell, Jr. on Kurten Cemetery Road in Precinct 2 to open the creek channel to drain water from the roadway. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of a payment authorization in the amount of $1,425.00 to Maurice E. Dennis, Alcohol & Safety Consultants, Inc. The payment authorization was issued by the District Attorney's office for expert testimony. A purchase order was not obtained in advance. On motion by the County Judge, seconded by Vol 0 cl Page 10 Commissioners Court meeting June 3, 2008 8 Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports for April 2008 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Announced that there would be a meeting of the Health Facilities Development Corporation. Under citizen input and/or concerns, the following spoke: Vol 1 D9 Page l Commissioners Court meeting June 3, 2008 9 Sheriff Chris Kirk a) There are 584 inmates in jail this morning, 84 on electronic monitors, and 34 are pending electronic monitors. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 10 ~ Page I The foregoing minutes of the Commissioners Court meeting held June d and 3, 2008 have been examin are approved in open Court this the llrAk- day e of iyf✓~u~ 2008, in Bryan, Brazos Duane Peters Commissioner, Precinct 2 t army, uley, Jr. Commis ioner, Preci ct 4 Attest: aren McQueen County Clerk Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinc 3 Vol 10 ~ Page 13 County, Texas. r BRAZOS COUNTY COMMISSIONERS COURT l MEETING O~ 200 AT .(C O 61t,~ Nam LOrganization/D~epy~tment G zo - (-v,!/21K. Uu~ ~ /T Clo . c~ J ~ i~4 ool~-J~ f~-- eo , k~,- VOL OL~~ I a~PRGE~ P7~ r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON w - 200P AT qt' Name nrnani7atinn/np nment kello 20/ (.5 c~ (,Odic VOLIDJPAGE~S BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-33.1 thru 07/08-33.3 On this the P day of June 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 3 June 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 P day of June 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy Site County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOL IMPAGE /l~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 33.1 6/3/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16000100 60500000 CR Office Equipment 400.00 0100 16000100 61500000 CR Printing 37.00 0100 16000100 61801000 CR Travel 42.00 0100 16000100 67670000 DR Printers 479.00 Auditor's Office To reallocate funds to allow for the purchase of a smal l green bar printer. To be used for Finance Plus system reports that are not ava liable Using the Co gnos report writer which does allow for printing on re gular white a er, C Departme Prepared By: 1fj Date: 5/28/2008 Date County Judge Approval Date OL~F GE I~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 33.2 6/3/2008 County Judge Approval Date VOL i D q PAGE 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 33.3 6/3/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1 1010000 72191000 CR Cluster Court Support 1,515.00 0100 11010000 51642000 DR Visiting Baliffs 1,400.00 0100 11010000 53100000 DR Social Security 110.00 0100 11010000 53800000 DR Worker's Compensation 5.00 Court Support Costs To realloca te funds to allow for the payment o f visiting bailiffs as requested b the Internal Revenue Service as employees. Department Prepared By: ifj Date: 5129/2008 I tal Date County Judge Approval Date g¢ r PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 3, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Human Resources Flores, Antonia Budgeted Increase Juvenile Services Manning Jeffery Resignation Schumacher, Rebecca Resignation Splawn, Eric Resignation Omana, Norma New hire MPO Rajbhandari, Subrity New hire SO/Administration Bell, Mathew Promotion SO/Jail Drummond, Desiree Resignation Pittman, Theresa Retirement LeBlanc, Jonathan New Hire Morris, Neal Budgeted Increase Turner, Brittany New Hire Veteran Services Dixon, Art Resignation Approved in Commissioners' Court: June 3, 2( County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) RESOLUTION OF COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, AUTHORIZING THE COUNTY JUDGE TO APPROVE THE ISSUANCE OF HOSPITAL REVENUE BONDS ISSUED FOR THE BENEFIT OF SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION WHEREAS, Tarrant County Cultural Education Facilities Finance Corporation (the "Tarrant County Issuer") is proposing to issue one or more series of its Hospital Revenue Bonds (Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation Project) Series 2008 (the "Bonds"), pursuant to the Cultural Education Facilities Finance Corporation Act, Article 1528m, Texas Revised Civil Statutes, as amended from time to time (the "Enabling Act"), to provide funds to finance or refinance all or part of the cost of "health facilities" (as defined in the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code, as amended from time to time (the "Health Act")); and WHEREAS, the proceeds of the Bonds will be loaned by the Tarrant County Issuer to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation (the "Hospital"), a Texas nonprofit corporation, for the purpose of refunding bonds issued by Bell County Health Facilities Development Corporation (the "Bell County Issuer") and designated as its Hospital Revenue Bonds (Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation Project), Series 2006 (the "Series 2006 Bonds"), issued as auction rate securities, to finance or refinance the cost of "health facilities" (the "Project"); and WHEREAS, a portion of the proceeds of the Bonds will be used in connection with refinancing certain facilities at the Bryan-College Station Clinic and the Bryan-College Station Pharmacy located in Brazos County, Texas (the "County"), as described in a notice of public hearing published in the Austin American Statesman and the Dallas Morning News, newspapers of general circulation within Brazos County, Texas; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") requires that the Bonds and the Project be approved by the "applicable elected representative" (as defined in the Code) of the jurisdiction in which any portion of the Project is located after a public hearing following reasonable public notice; and WHEREAS, the County Judge of Brazos County has been requested to approve, as the "applicable elected representative" of the County, the issuance of the Bonds and the Project in accordance with the requirements of the Code, and has been or will be furnished with an affidavit of publication and minutes of public hearing in connection therewith; and WHEREAS, the Commissioners Court of the County desires to authorize the County Judge to approve the issuance of the Bonds and the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. The County Judge of Brazos County, Texas, is hereby authorized to approve the issuance of the Bonds and the Project and to execute and deliver such approval as requested. Resolution 08-010 1401264v.1 SC0590/64000 d VA-LO-Te.11; - Section 2. The authorization to approve the Bonds and the Project is made solely for the purposes of complying with the requirements of Section 147(f) of the Code and shall not be construed as (i) a representation or warranty by the County Judge, the County or the Commissioners Court that the Bonds will be paid or that any obligations assumed by any of the parties will, in fact, be performed, or (ii) as a pledge of the faith and credit of or by the County. Further, the fact that the Commissioners Court has authorized the approval of the Bonds and the Project, as herein stated, may not, in any event, be used as a sales device with respect to the Bonds. Section 3. This Resolution shall be effective upon its adoption. APPROVED AND ADOPTED THIS 3rd DAY OF JUNE, 2008. Ifidy Sims, County Judge Brazos County, Texas Resolution 08-010 Signature Page for Resolution 1401264v.1 SC0590/64000 Purchasint Solutions Alliance a program of the Brazos Valley Council of Governments INTERLOCAL PURCHASING AGREEMENT THIS INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the Brazos Valley Council of Governments, hereinafter referred to as "BVCOG," having its principal p e of b7.-95o.A ' ess ~at 3991 East 29th St., Bryan, Texas 77803, and ~CZf~ a local government, a state agency, or a non-profit core ion cre t d and operated to provide one or more governmental functions and services, hereinafter referred to as "Cooperative Member," having its principal place of business at CC L14 ZLP~ `il re,J. . T) -7~ Kn.' WHEREAS, BVCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, BVCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, BVCOG has instituted a cooperative purchasing program, hereinafter referred to as the "Purchasing Solutions .-Illiauce" or "PSI," under which it contracts with eligible entities under the Act; and WHEREAS, Cooperative Member has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on j ZL u y (Date), and that it desires to contract with BVCOG on the terms set forth below; NOW, THEREFORE, BVCOG and the Cooperative Member do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Cooperative Member represents and warrants to BVCOG that it is eligible to contract with BVCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS BVCOG and the Cooperative Member agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. 1 of 3 BVCOG-PSA Interloca chasing Agree e - Rev. 05.14.08 V- q ~ 0' ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Article(s) 7 or 8. ARTICLE 5: SCOPE OF SERVICES The Cooperative Member appoints BVCOG its true and lawful purchasing agent for the purchase of certain products and services through the Purchasing Sohtfions Alliance cooperative purchasing program. All purchases hereunder shall be in accordance with Texas statutes and procedures governing competitive bids and competitive proposals and in accordance with specifications and contract terms established by BVCOG, and at the prices available and published by BVCOG. Ownership (title) to products purchased through contracts awarded pursuant to the PS.-1 program shall transfer directly from the contractor to the Cooperative Member. Nothing in this Agreement shall prevent the Cooperative Member from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. ARTICLE 6: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Cooperative Member shall promptly, and in any case within thirty (30) days, pay the vendor and/or contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall BVCOG have any financial liability to the Cooperative Member for any goods or services Cooperative Member procures through its PS.-1 program. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. BVCOG reserves the right to make changes in the scope of products and services offered through the PSA cooperative purchasing program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES BVCOG or the Cooperative Member may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Cooperative Member, including obligations to pay any vendor or contractor for all goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Cooperative Member. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 2 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 05.14.08 VOL 18 q PACE c2 4 ARTICLE 10: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with BVCOG. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by either party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. C. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: Brazos Valley Council of Governments Purchasing Solutions Alliance 3991 East 29th St. Bryan, Texas 77802 (oj,BVCOG Exec love ec)of -or of Executive Director or Designee Date: U5-- Roger D. Dempsey Attest: PS.-1 Program 1pManager Attest: / AJ Signa re of PS. 4 Pro am M nager Date: "5,A 0 lsC, 2LD!1, oaiaL, Name of Cooperative Member E. (,aL- f I MF Mailing Address City, tate, ZIP Code Name &`Titl~ of By, Lilt T :f Elect d Off Elected Official Signature, of Chiei Date: to Ls/() Y' 3 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 05.14.08 VQP1P% o~ On January 9th, 2008, the Brazos Valley Council of Government's Board of Directors unanimously approved a resolution creating Purchasing Solutions Alliance (PSA), a purchasing cooperative for public agencies. The purpose of PSA is to identify qualified vendors of goods and services, to comply with state bidding requirements, and to relieve the burdens of governmental purchasing by realizing economies of scale. Administration and Governance > The Brazos Valley Council of Governments (BVCOG) administers the day-to-day activities of the Cooperative. > The Cooperative is governed by the BVCOG Board of Directors. > BVCOG-PSA purchasing activities are governed by the Texas Local Government Code, Chapter 252, Purchasing and Contracting Authority of Municipalities. > All contracts will be subjected to the formal competitive bid or proposal process. > All contracts will be awarded by the BVCOG Board of Directors. Membership > Membership is free and open to all local governments, nonprofits, and other political subdivisions of the state of Texas. > Membership requires the governing body of the Entity to approve the PSA Interlocal Purchasing Agreeinent. > Entities can join PSA at any time. > THE FOCUS OF PSA IS TO MEET THE SPECIFIC NEEDS OF OUR MEMBERS Member Benefits > Increases the purchasing power of government entities and reduces the cost of purchased goods and services > Expedites the procurement process for member entities > No cost or fees to participate - No minimum spending requirements ➢ PSA absorbs the administrative expense of preparing and soliciting proposals and the cost of publishing legal notices > Complies with state purchasing codes for all eligible members PtiA Rev 4/21/2008 rf4L U PA Pale 1 of 2 ➢ Managed by public purchasing professional(s) Member Services Purchasing Solutions .Alliance will: ➢ Solicit input and contract needs from interested entities and members. ➢ Research products, write technical specifications and performance requirements. ➢ Host pre-bid and pre-proposal conferences. ➢ Solicit bids and proposals. ➢ Ensure your local businesses and HUB's have the opportunity to participate and submit competitive bids or proposals. ➢ Evaluate bid and proposal responses. ➢ Award contracts through the BVCOG Board of Directors. ➢ Assist with order placement. ➢ Contact vendors and assist in resolving order issues. These services are intended to supplement existing purchasing resources in local governments and agencies, not replace day-to-day operational functions of participants. Initial Contract Inventory ➢ As a priority - bid and award contracts for goods and services specifically requested by entities and for items not available through other cooperatives. ➢ Examples of additional contract offerings: 4. Maintenance-Repair-Operational Supplies (MRO) 4. EMS Supplies (Medical Supplies &Pharmaceuticals) 4 Ammunition 4 Automotive Parts, Supplies & Services 4 Police Uniforms (purchase) Employee Uniforms (rental & cleaning services) w Office Supplies 4 Promotional Supplies, Banners & Signs ~ Janitorial Supplies 4. Online Auction Services 46 Online Vendor Registration/Bid Management/Contract Management A. Diesel and Unleaded Fuel 4, Equipment Rental Electrical Supplies , Video Streaming 4• Defibrillators 4 Software Solutions - Section 8/Public Housing Management Systems ➢ Managed by public purchasing professional(s) Member Services Purchasing Solutions Alliance will: ➢ Solicit input and contract needs from interested entities and members. ➢ Research products, write technical specifications and performance requirements. ➢ Host pre-bid and pre-proposal conferences. ➢ Solicit bids and proposals. ➢ Ensure your local businesses and HUB's have the opportunity to participate and submit competitive bids or proposals. ➢ Evaluate bid and proposal responses. ➢ Award contracts through the BVCOG Board of Directors. ➢ Assist with order placement. ➢ Contact vendors and assist in resolving order issues. These services are intended to supplement existing purchasing resources in local governments and agencies, not replace day-to-day operational functions of participants. Initial Contract Inventory ➢ As a priority - bid and award contracts for goods and services specifically requested by entities and for items not available through other cooperatives. ➢ Examples of additional contract offerings: ,4 Maintenance-Repair-Operational Supplies (MRO) -4, EMS Supplies (Medical Supplies &Pharmaceuticals) 4 Ammunition 4 Automotive Parts, Supplies & Services 4. Police Uniforms (purchase) 4 Employee Uniforms (rental & cleaning services) Office Supplies Promotional Supplies, Banners & Signs 4. Janitorial Supplies ~ Online Auction Services 4, Online Vendor Registration/Bid Management/Contract Management 4 Diesel and Unleaded Fuel 4 Equipment Rental 46 Electrical Supplies 4~ Video Streaming ~ Defibrillators 4. Software Solutions - Section 8/Public Housing Management Systems j0q a g LEASE AGREEMENT This Lease Agreement ("Lease") is made and effective June 1st, 2008, by and between the Brazos County Emergency Service District #1, Brazos County, Texas ("Landlord") and Brazos County ("Tenant"). Landlord is the owner of land and improvements commonly known as the Millican Fire Station and located at 3030 Wingfall Street, Millican, Texas 77866. Landlord makes available for lease a portion of the Building, including access to a telephone line and a DSL internet connection. Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning June 1st, 2008 and ending 30 September 2009. B. Upon Landlord and Tenant mutual agreement, Tenant may renew the Lease for one extended term of one year. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental. A. Commencing October 1, 2008, Tenant shall pay to Landlord during the Initial Term rental One Hundred Dollars ($100.00) per month. Each payment shall be due on the first day of each calendar month during the lease term to Landlord at such place designated by written notice from Landlord. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. 3. Use. Tenant shall use the Leased Premises for the purposes of a substation of the Brazos County Sheriff's Office in Southern Brazos County, Texas. Lease Agreement (5 pages) q L P W~r a f 4. Repairs. During the Lease Term, Landlord shall make, at Landlord's expense, all necessary routine repairs to the Leased Premises. Routine repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy. 5. Insurance. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. 6. Utilities. Landlord shall pay charges for telephone, water, sewer, gas, electricity and other services used by Tenant on the Leased Premises during the term of this Lease. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other occupants. 7. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord gives reasonable notice to Tenant, not enter secure areas without escort from Tenant, and shall not thereby unreasonably interfere with Tenant's business on the Lease Premises. 8. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Lease Agreement (5 pages) 2 L PkG L 10. Damage and Destruction. Subject to Section 5 above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, in any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Lease Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 11. Indemnity/Release. To the extent permitted by the laws of the State of Texas, and without waiving governmental immunity or the limitations as to damages under the Texas Tort Claims Act, the Parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the parties' respective operations or their respective covenants under this Agreement. The Parties hereby agree that each Party will remain solely responsible for the legal defense and any civil liability due to the actions of personnel regularly employed by the respective Party. Nothing herein shall be construed as a waiver of any legal defense of any nature to any claim against a Party or an agent, officer or employee of a Party. 12. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Lease Agreement (5 pages) 3 4 l 01 If to Landlord to: Brazos County Emergency Service District #1 P0Box244 Wellborn, Texas 77881 If to Tenant: Randy Sims Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 13. Headings. The headings used in the Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 14. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 15. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 16. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements nor or hereafter affecting the Leased Premises. 17. Final Agreement. This Agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. Lease Agreement (5 pages) 4 F~ ILI ~ 3~. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. /I A ~arles L. Robertson, President Brazos County Emergency Service District #1 ATTEST: Karen McQueen, County Clerk Brazos County, Texas APPROVED AS /TO FORM: elling, sistant unty Attorney Brazos Znunty/Attorney - ivil Division file: sheriff / Millican Lease Agreement-1 Randy Si s, County Judge Bn ounty. 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