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Home My WebLink About2008-07-15-6:00PM-REGULARI p'C E Op- F-f S v F cn QTY O F $~e- ~ ..LL L L P Cb- ~J BRYAN, TEXAS ~ NOTICE OF MEETING AND AGENDA BRAZOS COL7NTY COMMISSIONERS COiJRT TIZE COMMISSIONERS COi7RT OF B72 .a 7.OS COITNTY WILL MEET 1N RE GL7Z.AR SESSION ON IS JZ7i.Y 2008 AT 6:00 P_M_ IN ASSEMBLY ROOM 3 OF TIZE BIiA70S CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS_ 1 _ invocation and Pledge of Allegiance - Commissioner Peters_ 2_ Call for citizen's input and/or concerns- Consider and take actioa on agenda items 3 - 34: 3_ Budget Amendment 07/08-37.1 tl r 07/09-37-17- 4. Personnel Change of Status_ 5_ Contract with Health for All, hzc_ £or qxl cling of $25,000.00 in fiscal year 2008. 6_ Payment of Claims_ 7_ Appointment of the following individuals to the Local Workforce Development Board; term of appointment for each is 7/30/08 to 6/30/11 = a_ Mildred Davis, representing the Private Sector b_ Bob Malaise, representing Economic Development 8_ Appointment of Central Count Staff for the 4 November 2008 General Election- La city del Personal Central de Confado el 4 de Noviembre de 2008 Election General_ Offl of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax_ (979) 361 503 t ~~a ~O41D Commissioners Court Agenda 15 July 2008 k Page 2 9. Appointment of Democratic Election Judges and Alternate Judges for a term beginning on 1 August 2008 and ending 31 July 2008. Nombramiento de los jueces de la Democratico eleccion y de los jueces del suplente para un termino que comienza el 1 de agosto de 2008 y que termina el 31 de julio de 2009. 10. Appointment of Republican Election Judges and Alternate Judges for a term beginning on 1 August 2008 and ending 31 July 2008. Nombramiento de los jueces de la Republicano eleccion y de los jueces del suplente para un termino que comienza el I de agosto de 2008 y que termina el 31 de julio de 2009. 11. Order 08-010 relocating temporary early voting polling place. Orden08-010 trasladando sitio de votacion adelantada temporal. 12. Order 08-011 relocating polling place for election precinct 31. Orden08-011 para trasladar el sitio votacion por precinto de elecciones numero 31. 13. Designation of room 106 in the County Administration Building as the Commissioners Courtroom where regular sessions of the Brazos County Commissioners Court will be held on Tuesday of each week at 9:00 a.m., except for the third Tuesday of each month when the Court will meet at 6:00 p.m. at the Brazos Center. 14. Cancellation of the contract with Turner Construction for the Brazos County Jail expansion. 15. Termination of the Lease with Brazos County Emergency Communications District 9- 1-1, effective 30 September 2008. 16. Memorandum of Agreement with Sentinel Offender Services, extending the current agreement for a period of 1 July through 30 September 2008. 17. Donation Agreement with Brazos Transit District ("The District"), donating a certain tract or parcel of land containing approximately 1.7209 acres to be used by The District for the construction of a federally funded parking garage and transit terminal. Donated property has an appraised value of approximately $560,000.00. 18. Appointment of Robert L. Parsley as a non-paid deputy in the Precinct 4 Constable's Office. 19. Revision of Section 1.02.3 to the County Employee Manual regarding Temporary Employees, as follows: Temporary employees are not entitled to the county's fringe benefits other than holiday leave, worker's compensation, and, in some instances, unemployment insurance. Ito _I~ Commissioners Court Agenda 15 July 2008 Page 3 20. Revision of Section 2.03.1 to the County Employee Manual regarding holiday pay, as follows: All full-time regular and part-time regular employees shall be eligible for the paid holiday benefit (not including Temporary employees). 21. Request from Candy Gallego for funding of $3,197.89 from the County Records Management Fund for office furniture to facilitate the creation, management, maintenance and storage of records created via transcription from audio and video sources. 22. Out of state travel request from the Emergency Management Department for Chuck Frazier to attend the following training classes at the Emergency Management Institute in Emmitsburg, Maryland: a. Recovery from Disaster -The Local Government Role, on 10-15 August 2008; b. Debris Management, on 21-16 September 2008. 23. Permission to dispose of the following excess equipment that was donated to the Sheriff's Office by Gold's Gym to another public safety agency: a. Atlantis shoulder press b. Atlantis flat benches (3) c. Atlantis incline benches (2) d. Atlantis decline bench e. Altantis weight rack f. Mac flat benches (5) 24. Request from the Expo Complex for permission to trade their Bobcat 5300 Skid Steer Loader purchased last year on state contract (P.O. 07002164) back to the manufacturer for a new model S300 at no cost to the County. 25. Renewal of Bid 2007-039, Temporary Employment. The new bid number will be 2008-039R. 26. Permission to approve two invoices from Ben Sanford & Associated, Inc. in the amount of $3,732.50. 27. Permission to allow Documation to buy out the copier contract on the Health Department Ikon copier and replace the copier with an upgraded Documation copier for the lower cost of $420.00. 28. Permission to allow Documation to buy out the copier contract on the Juvenile Services Ikon copier and replace the copier with an upgraded Documation copier for the lower cost of $1245.00. 29. Final Plat of Indian Lakes Phase 1, lots 15-R and 16-R, block 9, being an Amending Plat of the resubdivision of Indian Lakes Phase 1, lots 15 and 16, block 9, 4.400 acres, J. M. Barrera survey, A-69, (City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. 1 1 D (_02 Commissioners Court Agenda 15 July 2008 L Page 4 30. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Steep Hollow Road (approximately 3,200 ft. from FM 1179). Site is located in Precinct.2. 31. Approval of hotel and car rental costs for two Road & Bridge employees to attend the Environmental System Research Institute Users Conference in San Diego, California; dates of travel are 3-9 August 2008. 32. Request from the City of College Station to construct 120 ft. of 30-inch waterline and 3,245 ft. of fiber optic conduit in the right of way of Rye School Road (between Sandy Point Road and OSR). Site is located in Precinct 4. 33. Acceptance of a Pipeline Relocation Agreement between Brazos County and Enerfin Field Services LLC for improvements to Kurten Cemetery Road located in Precinct 2. 34. Payment Authorization in the amount of $567.37 to pay Brazos County's portion for the purchase and installation of an icemaker for the Community Emergency Operations Center. A purchase order was not obtained in advance. 35. Announcement of interest items and possible future agenda topics. 36. Call for citizen input and/or concerns. 37. Agency / Board / Committee reports by Court members. 38. 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. COMMISSIONERS' COURT REGULAR MEETING JULY 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, July 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; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was Budget Amendment #07/08-37.1 through 37.17, which would reallocate funds for the General Capital Improvement Fund, Human Resources, County Clerk Administration, Juvenile Services, County Court at Law #1, Constable, Precinct 4, Juvenile Services-Detention, General Capital Improvement Fund, Commissioners Court, Road & Vol 110 Page (0q Commissioners Court meeting July 15, 2008 2 Bridge Department, Constable, Precinct 3, Sheriff- Administration, Purchasing Department Constable, Precinct 1, Emergency Management; record donated property to Juvenile Services; transfer funds from Contingency to Capital Improvement Fund-Commissioners Court and Road & Bridge Department, Court Costs; and transfer funds from Building Maintenance to Capital Improvement Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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 Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. The next matter before the Court was consideration of a Contract between Brazos County and Health for All, Inc. for the medical care of the County's poor and indigent population. The term of the contract is for a period of twelve (12) months beginning on the 1St day of October, 2007 and terminating on the 30th day of September 2008. Cost to Brazos County will be $25,000 for the term of the contract. On motion by Commissioner Peters, seconded by Commissioner Vol 11D Page 105 Commissioners Court meeting July 15, 2008 3 Wassermann, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7051606 through 7051976 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the appointment of individuals to serve on the Local Workforce Development Board. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to appoint Mildred Davis, representing the Private Sector and Bob Malaise, representing Economic Development. The terms for both are from July 30, 2008 through June 30, 2011. The Court next considered the appointment of individuals to serve on the Central Count Staff for the November 4, 2008 General Election. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint the individuals named on the attached list to serve on the Central Count Staff. The next matter before the Court was the appointment of Vol (10 Page I D ~ Commissioners Court meeting July 15, 2008 4 Democratic Election Judges and Alternate Judges for a term beginning on August 1, 2008 and ending July 31, 2009. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to appoint the individuals on the attached list to serve as Democratic Election Judges and Alternate Judges. It was noted that the term of appointment was incorrectly stated on the agenda. The next matter before the Court was the appointment of Republican Election Judges and Alternate Judges for a term beginning on August 1, 2008 and ending July 31, 2009. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to appoint the individuals on the attached list to serve as Republican Election Judges and Alternate Judges. The next matter before the Court was adoption of order #08-010 relocating Polling Place for Election Precinct 31. Polling Place for Election Precinct 31 is located in A&M Consolidated High School, 1801 Harvey Mitchell Pkwy., South, College Station, Texas. For the Convenience of the voters it is recommended that Elections in Precinct 31 be conducted at the Grace Bible Church-Southwood located at 1901 Harvey Mitchell Pkwy., South, College Station, Texas. The Grace Bible Church has agreed to allow the polling place for Election Vol [(0 Page I Ol Commissioners Court meeting July 15, 2008 5 Precinct 31 to be located in the Grace Bible Church-Southwood located at 1901 Harvey Mitchell Pkwy., South, College Station, Texas. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously, pursuant to Section 43 of the Texas Election Code, that Election Precinct 31 be moved to Grace Bible Church-Southwood located at 1901 Harvey Mitchell Pkwy., South, College Station, Texas and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D. C. requesting the pre-clearance of this order pursuant to Section 5 of the Federal Voting Rights Act. The next matter before the Court was adoption of order #08-011 Relocating Temporary Early Voting Polling Place. The Commissioners Court is desirous of complying with Section 85.062(d)(2) of the Texas Election Code that requires locating one temporary branch early voting polling place in each Commissioner Precinct. It is recommended that the temporary early voting polling place currently located at the Brazos Valley Bank located at 4030 Highway 6 South, College Station, Texas be moved to the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy., South, College Station, Texas. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously pursuant to Section 85.062 Vol 110 Page 109 Commissioners Court meeting July 15, 2008 6 of the Texas Election Code, that one temporary branch early voting polling place be established in each Commissioner Precinct in Brazos County and that the temporary branch early voting poling place located in the Brazos Valley Bank at 4030 Hwy 6 South, College Station, Texas be relocated to the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D. C. requesting the pre-clearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. The next matter before the Court was consideration of the designation of room 106 in the County Administration Building as the Commissioners Courtroom. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to designate room 106 in the County Administration Building as the Commissioners Courtroom to conduct regular meetings on Tuesday of each week at 9:00 a.m. except on the third Tuesday of each month when the Court will meet at 6:00 p.m. at the Brazos Center, 3232 Briarcrest Drive in Bryan, Texas unless posted otherwise. The Court next considered cancellation of the contract with Turner Construction for the Brazos County Jail expansion. Vol 110 Page 109 Commissioners Court meeting July 15, 2008 7 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to cancel the contract dated June 26, 2007 as there is now a formal contract to finish the project. The next matter before the Court was the termination of the lease with Brazos County Emergency Communications District 9-1-1, effective September 30, 2008. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda. The Court next considered a Memorandum of Agreement with Sentinel Offender Services, extending the current agreement for a period of 3 months, to run from July 1, 2008 through September 30, 2008 in order to conduct a test program to determine the feasibility of requiring offenders to engage the Company to provide, at their own expense, necessary electronic monitoring services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Memorandum of Agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Donation Agreement with Brazos Transit District (The District) for the donation of a certain tract or parcel containing approximately 1.7209 acres to be used by The District for the Vol ( I Page I 1 U Commissioners Court meeting July 15, 2008 8 construction of a federally funded parking garage and transit terminal. The estimated value of the parcel is $560,000. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Donation Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a request from Constable Precinct 4 Isaac Butler, to appoint Robert L. Parsley, as non- paid Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Butler to appoint Robert L. Parsley as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was consideration of a request from the Human Resources Department to approve revisions to Section 1.02.3 of the County Employee Manual concerning Temporary Employees. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. The Court next considered another request from the Human Resources Department to approve revisions to Section 2.03.1 of the County Employee Manual concerning Eligibility. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Vol I (D Page L Commissioners Court meeting July 15, 2008 9 Court voted unanimously to remove this item from the agenda. The Court next considered a request from Candy Gallego for funding of $3,197.89 from the County Records Management Fund for specialized office furniture. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter for consideration by the Court was a request submitted by Chuck Frazier, Emergency Management Coordinator seeking approval for out of state travel for himself to attend two training classes at the Emergency Management Institute in Emmitsburg, Maryland August 10-15, 2008 and September 21-26, 2008. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Emergency Management Coordinator and approved payment of out of state travel expense for Mr. Chuck Frazier. The Court next considered a request from the Sheriff's Office for permission to dispose of excess equipment that was donated to the Sheriff's office by Gold's Gym. The equipment will be donated to another public safety agency. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the donation. The list of equipment is attached. Vol [10 Page 114 Commissioners Court meeting July 15, 2008 10 The next matter before the Court was consideration of a request from the Exposition Center Director for permission to trade their Bobcat 5300 Skid Steer Loader back to the manufacturer for a new model 5300 at no cost to the county. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The Court next considered a request from Pat Howard, Purchasing Agent, for renewal of Bid No. 2007-039, Temporary Employment, for an additional year. The vendor has agreed to the renewal with no price increase. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The new bid number will be 2008-039R. The next matter before the Court was consideration of a request from Pat Howard, Purchasing Agent, for approval of two invoices from Ben Sanford & Associates, Inc. in the amount of $3,732.50. There are some questionable charges in the invoices and the Auditors requested court approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the invoices. The Court next considered a request from the Purchasing Department for approval for Documation to buy out the copier contract with IKON on the Health Department copier and replace Vol 110 Page 113 Commissioners Court meeting July 15, 2008 11 the copier with an upgraded Documation Copier. This will be at a lower cost of $420.00. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered a request from the Purchasing Department for approval for Documation to buy out the copier contract with IKON on the Juvenile Services Department copier and replace the copier with an upgraded Documation Copier. This will be at a lower cost of $1,245.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered approval of the Final Plat of Indian Lakes Phase I, Lots 15-R and 16-R, Block 9, being an Amending Plat of the Re-subdivision of Indian Lakes Phase, 1 Lots 15 and 16, Block 9, 4.400 Acres located in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Indian Lakes Phase I, Lots 15-R and 16-R, Block 9, being an Amending Plat of the Re-subdivision of Indian Lakes Phase, 1 Lots 15 and 16, Block 9, 4.400 Acres as submitted. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right-of-way of Steep Hollow Road Vol 1 ID Page 114 Commissioners Court meeting July 15, 2008 12 approximately 3,200 feet from FM 1179. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The next matter for consideration by the Court was a request submitted by the Road & Bridge Department seeking approval for payment of hotel and car rental costs for two (2) Road & Bridge Department employees to attend the ESRI (Environmental Systems Research Institute) Users Conference in San Diego, California, August 3-9, 2008. The host hotel cost per night exceeded the allowable and had no vacancies. While another hotel cost per night was $149 a night, and cheaper but the employees would need to rent a car to get to and from the other hotel. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Road & Bridge Department and approved payment of out of state travel expense for the hotel and car rental for Gary Arnold and Megan Parsons. The Court next considered the request from the City of College Station to construct 120 feet of 30 inch waterline and Vol 110 Page 115 Commissioners Court meeting July 15, 2008 13 3,245 of fiber optic conduit in the right-of-way of Rye School Road between Sand Point Road and OSR. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from the City of College Station and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a Pipeline Relocation Agreement between Brazos County and Enerfin Field Services LLC for improvements to Kurten Cemetery Road in Precinct 2. This agreement is to lower Enerfin's pipeline within the easement as request by Brazos County. The existing pipeline will be lowered so that the top of the pipe is not less than six (6) feet beneath the surface of the bottom of the existing creek channel. The cost to Brazos County will be $36,100.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Relocation Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a payment authorization in the amount of $567.37 to pay Brazos County's portion for the purchase and installation of an icemaker for the Community Vol 0 Page 116. Commissioners Court meeting July 15, 2008 14 Emergency Operations Center. A purchase order was on obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics the following spoke: There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Airlines are cutting back on flights in and out of Easterwood Airport. This is a very stressful situation for the airport. It seems to make even more sense now to support the high speed rail. Commissioner Wassermann a) Said that he was still working on the animal ordinance committee. They have invited State Senator Steve Ogden and Representative Fred Brown to attend the meeting on changing the law on dangerous animals. There being no further business to come before the Court, the meeting was adjourned. Vol 110 Page III The foregoing minutes of the Commissioners Court meeting held July 15, 2008 have been examined and are approved in open Court this the day of Brazos County- Texas. Randy S' s Count Judge Duane Peters Commissioner, Precinct 2 "/7 4. rey au ey, Jr. a Commi sioner, Prec'n 4 Attest: 9 04 ~e-' ~4-' aren McQueen County Clerk , 2008 in Bryan, - ~~E ai -zi- Lloyd W ssermann Commissioner, Precinct 1 Kenny Mall Commissioner, Precinct 3 Vol 110 Page 119 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2008 @ Pvt. Name Organization / Department ~ i5 - Ir~ I~P~~ -a - ~ 4 Fn~ PAGE / of )ID 119 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-37.1 thru 07/08-37.17 On this the 15th day of July 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 July 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 July 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 110 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.1 Prepared BY: ifj Date. 7181~~A8' / - County Ju a 1 P.prova~l/~`` Date 110 ?al Department ApproXal . Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.2 7/A r/lfAAo D'ep~rtment Aprov Date Prepared By. Date: 71812008'- - Couniv'Jud9 :Approval Date l~~ 110 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.3 ~.nnnn Prepared By: Date:: 71812008` County Ju _ e A Date PyProva 1101 ~ _l A3 Date Departmgnt Approval 7Frepared iff Date,. 711 '81 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.4 ~fAcInAno De arhhient Approval' _ Date ~ p uate BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.5 71A G/HAfl4 I Decrease FUND DIV ACCT PROJ DR/CR ACCOUNT NAME ncrease 45 535 0100 23000100 71025000 CR Contract Services 45 535 . 0100 23000200 61620000 DR Subscription and Publications . CCL # 1: Judge Matzke To reallocate funds to allow for the urchase o- tions for the library. 4. v - r Department ApRroval L _ Date Prepared By: ifj Date: 7/1/2008 d County J ge Approval _ Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.6 '71.1 rI )nnQ L1 ~ ~at~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.7 d-I Prepared By: ifj Dater ;718/2008 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.8 t.. f Y, Department Ap raual Date ~"~,~~•.-3- -ter r = County Jud. Apps r ~-.t R Da te7 ~~b J ~s BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.9 ,I ,vI ease I Decrease FUND DIV ACCT PROJ DR/CR ACCOUNT NAME ncr 565.00 2 31000200 61470000 CR Prescri tons , 0100 00 500 2 31000200 65350000 DR Gasoline . , 0100 00 65 31000200 65450000 DR Office E ui ment Mainteance . 0100 ti on Juvenile Services-Deten funds for t t ll he urchase of asoline and off ice a ui ment maintenance. e oca To rea r y fi Department A~"~roval Date _ Prepared By: ifj Date= : 7/812008 Y- j70 Jud Approval Date I_1 110 Prepared By:, ifT D ale : 719/2008 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.10 -i IA c /f /ff10 County J ae Approval Date 11.01 - 130 epaifirrie Pp,.. _ Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.11 7/d C/9nnR Department Approval Date Prepared By.: ifJ Date = 7/fa12008 ounfy; a Approval - ~~0, ~ ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.12 ,Fm cinnno Department.Approal H Date Preparec~By: ifj. Date: 7/101200& County JudgApp'ro Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.13 -u r,0fAAO rv~;I Y 1 t y x' J ~fy": h't S Y .dent p.royaL~ Prepared By: Date; : 7!1012008_ F' County Jud" ival Date 110 133 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.14 Prepared By ^iJ DatM012008, County J~ud Approval Date . to 134 Departimeht,ApprZV-qy:.- _ Dated _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 37.15 -..A einnne Prf'pared By;:'_ 4 r TJj;; D a te 7110/2008' oynty~Jud a Approval Date 110 I : , Dep.artm n#,APRov I Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.16 lid r/lfnAo r . i DePartment Ap' v_alw-' Date --.L Fepared By ~fJ Date 7/101200,8 ygg - -County, J ge,i4~prgVa~ _ ate 110 13(c BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 37.17 "ym cmnna r 137 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 15, 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 Building Maintenance District Attorney District Clerk Exposition Center Guajardo, Felisa Transfer to Another Dept. Saenz, Crystal New Hire Reeves, Jennifer Resignation Aguilar, James Termination Baker, Michael New Hire Juvenile Services Linder, Harmony Polk, Derrick Berka, Stephanie Bowie, Demuntz Butler, Valerie Eichinger, Larry McKey, Victoria O'Connor, Kevin Overall, Jena Reyes, Christina Rowe, Victoria Wood, JG Resignation _NH Step Increase Step Increase Add State Stipend Step Increase Probationary Increase Step Increase Add State Stipend Step Increase Step Increase Add State Stipend Road and Bridge Marion, Eric Resignation ~i Borges, Megan Ne` wHir; N ~p James, George New Hire SO- Jail Tax Office Canterberry, Marshall Dylla, Matthew Forrest, William Maxwell, Dustin Moynihan, Christopher Pfenninger, Paul Skoworn, Sherri Whaley, Teresa Transfer within Dept. Transfer within Dept. Transfer within Dept. New Hire Transfer to another Dept. New Hire Transfer within Dept. New. McCracken, Lisa Resignation Approved in Commissioners' Court: July 15, 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) i In / 139 CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Provider"), located at 1328 Memorial Drive, Bryan, Texas 77802, RECITALS: WHEREAS, the medical care of the County's poor and indigent has become a growing problem; and WHEREAS, the County recognizes that good medical care of individuals and families that emphasizes prevention, care management, and appropriate acute care results in less costly medical expenses for the Community and in a more productive work force; and WHEREAS, the County is interested in promoting such care through the Provider, NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM The contract shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2007 and terminating 30th day of September, 2008. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (herein "services"). I'D A q USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of a patient care services coordinator. The County and Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to qualified applicants and that the funding of salaries for the trained personnel of Provider is designed to accomplish that goal. COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the parts of the salaries up to a maximum of twenty five thousand dollars ($25,000) for the term of this Contract. This sum shall be paid quarterly. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract: 1. Completing all necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Provider's Services with regard to residency and financial qualifications. Maintaining this Contract. 4. Provision of the Provider's Services as defined herein. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Clinic and its Services. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements within thirty (30) days of quarterly invoice. 9. Providing the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements. 1. Provide County funds for the payment of the consideration stated herein. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the provider with funding. Such records shall be retained for in accordance with the County Record Retention time period(s) and in no event less than four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRE IINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. demands, against all suits, elaims, , vielatien er- nen peFfemanee ef the SeMees stated hervin &ad fer. OBY damage te any per-sea resulting INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest, direct or indirect, in this Contract. GOVERNING LAW Texas. This Agreement shall be executed in and shall be governed by the laws of the State of NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Phil Haas, Executive Director 1328 MEMORIAL DRIVE BRYAN, TEXAS 77802 BRAZOSCOUNTY C/O COMMISSIONERS COURT BRAZOS COUNTY COURTHOUSE 300 E. 26TH STREET, SUITE 114 BRYAN, TEXAS 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged ext upon prior written consent of the County; otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this Z/ day of l ole-~ 200,S A T: aren McQueen, County Clerk Brazos C~ ty / By: Randy Si s, Judge He C. By: it Haas, Executive Director for John Lewis, CPA -President, 2007 Board of Directors Note: Changes noted in this contract are agreed upon by HFA and are per correspondence on July 7, 2008 from BCCC with the exceptions of the HFA contact name and Board President term. III 1 'f3 Prescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 1/86 Appointment of Central Count Staff (La cita del Personal Central de Contado) I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons be appointed for the November 4, 2008 General Election conducted by the county. (Yo, Karen McQueen, Escribiente del Condado de Brazos, recomiendo por este medio que a las personas siguientes sean designadas para la Eleccidn general, conducida por el condado, el 4 de noviembre de 2008) Name Position Party (Hombre) (Posicidn) (Partido) Early Voting Rick Seim Judge Republican Ballot Board: (Juez) (Republicano) (Junta de boleta de Linda Coats Alternate Judge Democratic votacion adelantada) (Alterno Juez) (Democrata) Central Counting Darlene Nichols Manager Station: (Administrador) (Estacidn central de Bernice Lewis Judge Republican escrutinio) (Juez) (Republicano) Debbie Lange Alternate Judge Democratic (Alterno Juez) (Democrata) Tabulators: Cray Crouse (Tabulador) Tracy Price Ben Truong Hoa Nguyen Tabulation Supervisor (Supervisor de la Tabulacidn) Assistant Tabulator (Ayudante del Tabulador) Assistant Tabulator (Ayudante del Tabulador) Assistant Tabulator (Ayudante del Tabulador) Courtney Dainty Assistant Tabulator (Ayudante del Tabulador) Issued this the Is day of July, 2008. _---G------~~ (Emitado este dia de julio de 2008) Approved: Randy Sims, Brazos C ty Judge (Juez del Condado d razos) llD I4q Prescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 8/07 I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a 1 year term, ending on July 31, 2009. Yo, Karen McQueen, Escribiente del Condado, del condado de Brazos someto por este medio para nombrar las personas siguientes como juez de presidencia y juez alterno para las elecciones conducidas por el condado como requerido, segun el recibo de las listas oportunas sometidas por las sillas politicas apropiadas del partido o segun to recomendado por mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un termino de 1 aho, terminando el 31 de julio de 2009. Precinct No No. del recinto Presiding Judge Juez de residencia Alternate Judge Juez alterno 1 Tom McGarth R 2abc/82/83/84 Dorothy Crancer R 3 ab Charles Opersteny R 4abc/79/43 Margarita Gongotena R 5ab Ruby Andrews R 6 Lois Williams R lab Lola Peterson R 8 Robert Bruce R 9 Alan Waldie R 1 Oab Ron Treat R 11 Dixie Tracey R 12 Marvin Emshoff R 13 Leslie Thomas R 14/49/55/57 Rick Starnes R 15/53 Elizabeth Chuna R 17/54 Joshua Baker R 18abc Austin Moore R 20 Bill Donaldson R 21 Anna Kellet R 23 Linda Conrad R 24 Clyde Goen R 25 Tommy Seal R 26 Terri Stewart R 27ab Al Nichols R u o 1 45 Precinct No No. del recinto Presiding Judge Juez de presidencia Alternate Judge Juez alterno 28b/68 Mary Ann Crenshaw R 30/77/19 Bart Braden R 31 Jean McDermott R 32 Ralph Postelwaite R 33/72/74 Steve Milam R 34 Charlotte Bergstad R 35ab Glenda Baker R 36 Roland Brauer R 38 Mike Fleming R 39 Laura Holmes R 40 Jean Holmes R 41/28x/42 LouEllen Ruesink R 45/44/46/47/78/81 George McDonald R 52/16 Dick Deitrich R 62/29 Lambert Wilkes R 63 ab Eileen Kent R 70ab/64/67 Kristi Hardy R 80 Patricia Lassiter R Issued this the 16 day of July, 2008. Emitado este dia 1 de julio de 2008 Randy Sims razos County Judge Juez del ondado de Brazos 110 NO Prescribed by Secretary of State Section 32.002 (d), V.T.C.A., Election Code 8/07 I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a 1 year term, ending on July 31, 2009. Yo, Karen McQueen, Escribiente del Condado, del condado de Brazos someto por este medio para nombrar las personas siguientes como juez de presidencia y juez alterno para las elecciones conducidas por el condado como requerido, segiin el recibo de las listas oportunas sometidas por las sillas politicas apropiadas del partido o segzin to recomendado por mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un termino de I ano, terminando el 31 de julio de 2009. Precinct No No. del recinto Presiding Judge Juez de residencia Alternate Judge Juez alterno 1 Tanya Miller D 2abc/82/83/84 Verda Beasley D 3ab Wesley James D 4abc/79/43 Lupe Ostiguin D 5ab Marilyn Moore D 6 Corbet Perkins D lab Helen Wager D 8 Katy Stewart D 9 Pat Cleere D 1 Oab Andy Armstrong D 11 Luci Smith D 12 Margaret Elbrich D 13 Pat Earle D 14/49/55/57 Jesse Ostiguin D 15/53 Rena Cangelose D 17/54 Paul Peterson D 18abc Nora Lea Wasson D 20 Bob Presley D 21 Jere Blackwelder D 23 Catherine Christensen D 24 Carolyn Boswell D 25 Kathy Nichols D 26 Dianne Linn D 27ab Cathy Lester D a (41 Precinct No No. del recinto Presiding Judge Juez de presidencia Alternate Judge Juez alterno 28b/68 Phillip Ross D 30/77/19 Marjorie Rollins D 31 Vi Cook D 32 Jean Cangelose D 33/72/74 Sammy Orange D 34 Joe Callaway D 35ab Andre Steen D 36 Carol Davis-Rios D 38 Barbara Cooper D 39 Gene Charleton D 40 Jimmy Restivo D 41/28x/42 Karen Gilley D 45/44/46/47/78/81 Lynn Krueger D 52/16 Bernice Ward D 62/29 Ruby Ellis D 63 ab Meg Reynard D 70ab/64/67 Kyle Walker D 80 Pam Schneider D Issued this the ~s day of July, 2008. Emitado este dia de julto de 2008 Randy SimsArazos County Judge Juez del Condado de Brazos III 05 ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCT 31 WHEREAS, there exists at the present time a certain polling place which can not be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precinct 31 is located in the A&M Consolidated High School, 1801 Harvey Mitchell Pkwy, South, College Station, Texas; and WHEREAS, for the convenience of the voters it is recommended that Election Precinct 31 be conducted at the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas: WHEREAS, the Grace Bible Church has agreed to allow the polling place for Election Precinct 31 to be located in the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precinct 31 be located in the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas; THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. J e q q Order 08-010 ADOPTED this I~S- day of , 2008 by a vote of AYES and NAYS. ATTEST: C/~fc Ct~GLt_ Karen McQueen, County Clerk Randy S6s, County Judge I ID 15D Order 08-010 ORDER RELOCATING TEMPORARY EARLY VOTING POLLING PLACE WHEREAS, the Commissioners Court of Brazos County, Texas has established four temporary early voting polling places in various locations in Brazos County; and WHEREAS, the Commissioners Court is desirous to comply with section 85.062(d)(2) of the Texas Election Code which requires locating one temporary branch early voting polling place in each Commissioner Precinct; and WHEREAS, it is recommended that the temporary early voting polling place currently located at the Brazos Valley Bank located at 4030 Hwy 6 South, College Station, Texas, be moved for the convenience of the voters; and WHEREAS, the Commissioners Court is desirous of relocating the temporary branch early voting polling place from the Brazos Valley Bank located at 4030 Hwy 6 South, College Station, Texas to the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas, for the convenience of the. voters; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to section 85.062(d)(2) of the Texas Election Code that one temporary branch early voting polling place be established in each Commissioner Precinct in Brazos County; and THAT the temporary branch early voting polling place located in the Brazos Valley Bank located at 4030 Hwy 6 South, College Station, Texas be relocated to the Grace Bible Church - Southwood located at 1901 Harvey Mitchell Pkwy, South, College Station, Texas; and i G i Order 08-011 THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. AYES and ATTEST: 6 NAYS. Karen McQueen, County Clerk ADOPTED this I day of -3-UL , 2008 by a vote of V Order 08-011 MEMORANDUM OF AGREEMENT between BRAZOS COUNTY and SENTINEL OFFENDER SERVICES The Brazos County Office of the Sheriff (the County) and Sentinel Offender Services (the Company) have entered into an agreement to conduct a test program to determine the feasibility of requiring offenders to engage the Company to provide, at their own expense, necessary electronic monitoring services. Sentinel Offender Services is a vendor possessing competence, expertise, and personnel necessary to provide electronic monitoring services to offenders. Therefore, the County desires to extend participation in a test program with Sentinel Offender Services for the period through September 30, 2008. Management of this program will be guided by the general guidelines found herein. 1) The extension of the test program shall run from July 1, 2008 until September 30, 2008 and shall be conducted in the County of Brazos, State of Texas. 2) Electronic Monitoring services shall be provided to all offenders referred by the County unless otherwise agreed upon in writing and shall incorporate a test population of 50 to 150 active participants. 3) Offenders participating in this program shall pay the Company at a rate derived from a sliding scale fee assessment of gross household income. 4) The County shall approve the fee assessment scale used by the Company. 5) A mutually agreed upon reporting schedule for the notification of violations shall be developed and implemented. 6) All employees of the Company shall be of good character and professionally competent. 7) The supervision of all offenders shall remain exclusively within the purview of the County. 8) The Company agrees to hold harmless the County and its employees and agents for all acts and omissions related to this agreement. 9) The County agrees to hold harmless the Company and its employees and agents for all acts and omissions related to this agreement. 110 153 10) This agreement may without cause be terminated upon 30 days written notice by either party. 11) The Company shall be solely responsible for securing and maintaining adequate levels of health and liability insurance for its employees and agents. 12) The Company's point of contact for all matters relevant to this agreement shall be the County's Program Director, Anna D. Sifuentez. 13) The selection of offenders to participate in this program shall be determined by the department and compatible with the welfare of society and shall not be governed by the ability of the offender to pay for services provided by the Company. 14) The County desires to supervise a certain portion of their offenders in an Electronic Monitoring (EM) program consisting of one or more of the following technologies; Global Positioning Satellite (GPS), Radio Frequency (RF), Remote Alcohol Testing. When using the technology, the customer shall be responsible for all supervision and tracking, including without limitation, in the case of GPS services, monitoring the offender through one of the (3) three different levels of monitoring provided by the company. 15) Once ability to pay for services has been assessed, offenders will be subject to revocation for willful non-payment of services if payments become 10 days late. 16) The Company will monitor conditions of compliance with County order via scheduled meetings with each participant, and report all issues of non-compliance to the supervising officer for resolution. 17) Company will maintain individual case files on all participants for review by the supervising officer and in order to provide documentation for the use in enforcement or revocation matters. 18) Limitation of Liability Disclaimer. Customer acknowledges that it is solely responsible for the decision to use the Services and all decisions regarding the selection of third parties that will have access to or contact with the Services, including, without limitation, probationers, juveniles and Customer's employees. Sentinel disclaims any and all responsibility or liability for customer's decisions described in this section. Service Availability. The Customer acknowledges that Sentinel's ability to provide the Services effectively is dependent on factors outside of its control, including without limitation, prompt reporting by Customer of observed defects or deficiencies in any equipment assigned to or retrieved from participant no 15q offenders, proper maintenance of equipment by Customer, extended power outages, disconnection or other loss/interruption of telephone lines, operation of wire line and wireless networks, internet connectivity, and scrambling, interruption, suspension, or other interference in the transmission of radio signals or signals to or from global positioning satellites. Accordingly, Customer acknowledges that Sentinel is making no representation or warranty that the provision of Services will be made available without interruption or will operate error- free. Sentinel does not warrant that the services will be available on a specified date or time or that the services will function on an error-free basis. At any given time, the equipment or software used in connection with this agreement may malfunction and failures in the services may occur from time to time. Customer agrees that sentinel will not be liable for any damages or harms, including, without limitation, property damage, personal injury, bodily injury, illness or death, that customer or customer's employees, agents or other affiliates may incur arising out of sentinel's operations or its provision of or failure to provide the services. Limitation of damages. Except for breach of any confidentiality or privacy obligations, neither party, nor any of its officers, directors, shareholders, employees, agents, independent contractors, representatives, or affiliates shall be liable to the other party or any of its officers, directors, shareholders, employees, agents, independent contractors, representatives, or affiliates for punitive, special, consequential, incidental, or indirect damages including, without limitation, lost profits, arising in connection with the services, even if such party has been advised of the possibility of such damages. 19) A steering committee will be formed to oversee the progress of the program, consisting of at least one County operational supervisor and a Company representative. VED Randy Sims/County Judge Date Brazos ant_v Commissioner's Court e X,~,a 07/07/09 Christopher rk, Sheriff to Brazos County Office of the Sheriff , d-W-4 i66&~l - 0 Mark Contestabile, Vice President, Eastern Operations Date Sentinel Offender Services, LLC 155 SENTINEL OFFENDER SERVICES, LLC Offender Funded Electronic Monitoring Program Sliding Scale Fee Chart MONTHLY INCOME FROM MONTHLY INCOME TO DAILY FEE ASSESSMENT (RF) DAILY FEE ASSESSMENT (RF/GPS1) "Passive" DAILY FEE ASSESSMENT (RF/GPS2) "Active" OR RF w/Alcohol Monitoring DAILY FEE ASSESSMENT (RF/GPS3) "Active w/Zones" $0.00 $258.27 $1.00 $2.00 $4.00 $6.00 $260.00 $431.60 $2.00 $3.00 $5.00 $7.00 $433.33 $604.93 $3.00 $4.00 $6.00 $8.00 $606.67 $778.27 $4.00 $5.00 $7.00 $9.00 $780.00 $951.60 $5.00 $6.00 $8.00 $10.00 $953.33 $1,124.93 $6.00 $7.00 $9.00 $11.00 $1,126.67 $1,298.27 $7.00 $8.00 $10.00 $12.00 $1,300.00 $1,471.60 $8.00 $9.00 $11.00 $13.00 $1,473.33 $1,644.93 $9.00 $10.00 $12.00 $14.00 $1,646.67 $1,818.27 $10.00 $11.00 $13.00 $15.00 $1,820.00 $1,991.60 $11.00 $12.00 $14.00 $16.00 $1,993.33 $2,164.93 $12.00 $13.00 $15.00 $17.00 $2,166.67 $2,338.27 $13.00 $14.00 $16.00 $18.00 $2,340.00 $2,511.60 $14.00 $15.00 $17.00 $19.00 $2,513.33 $2,684.93 $15.00 $16.00 $18.00 $20.00 $2,686.67 $2,858.27 $16.00 $17.00 $19.00 $21.00 $2,860.00 $3,031.60 $17.00 $18.00 $20.00 $22.00 $3,033.33 $3,204.93 $18.00 $19.00 $21.00 $23.00 $3,206.67 $3,378.27 $19.00 $20.00 $22.00 $24.00 $3,380.00 $3,551.60 $20.00 $21.00 $23.00 $25.00 Print Date: 7/15/2008 Page 1 of 3 Print Time: 4:20 PM SENTINEL OFFENDER SERVICES, LLC Offender Funded Electronic Monitoring Program Sliding Scale Fee Chart MONTHLY INCOME FROM MONTHLY INCOME TO DAILY FEE ASSESSMENT (RF) DAILY FEE ASSESSMENT (RF/GPS1) "Passive" DAILY FEE ASSESSMENT (RF/GPS2) "Active" OR RF w/Alcohol Monitoring DAILY FEE ASSESSMENT (RF/GPS3) "Active w/Zones" $3,553.33 $3,724.93 $21.00 $22.00 $24.00 $26.00 $3,726.67 $3,898.27 $22.00 $23.00 $25.00 $27.00 $3,900.00 $4,071.60 $23.00 $24.00 $26.00 $28.00 $4,073.33 $4,244.93 $24.00 $25.00 $27.00 $29.00 $4,246.67 $4,418.27 $25.00 $26.00 $28.00 $30.00 $4,420.00 $4,591.60 $26.00 $27.00 $29.00 $31.00 $4,593.33 $4,764.93 $27.00 $28.00 $30.00 $32.00 $4,766.67 $4,938.27 $28.00 $29.00 $31.00 $33.00 $4,940.00 $5,111.60 $29.00 $30.00 $32.00 $34.00 $5,113.33 $5,284.93 $30.00 $31.00 $33.00 $35.00 $5,286.67 $5,458.27 $31.00 $32.00 $34.00 $36.00 $5,460.00 $5,631.60 $32.00 $33.00 $35.00 $37.00 $5,633.33 $5,804.93 $33.00 $34.00 $36.00 $38.00 $5,806.67 $5,978.27 $34.00 $35.00 $37.00 $39.00 $5,980.00 $6,151.60 $35.00 $36.00 $38.00 $40.00 $6,153.33 $6,324.93 $36.00 $37.00 $39.00 $41.00 $6,326.67 $6,498.27 $37.00 $38.00 $40.00 $42.00 $6,500.00 $6,671.60 $38.00 $39.00 $41.00 $43.00 $6,673.33 $6,844.93 $39.00 $40.00 $42.00 $44.00 $6,846.67 $7,018.27 $40.00 $41.00 $43.00 $45.00 Print Date: 7/15/2008 Page 2 of 3 Print Time: 4:20 PM 110 X57 SENTINEL OFFENDER SERVICES, LLC Offender Funded Electronic Monitoring Program Sliding Scale Fee Chart MONTHLY INCOME FROM MONTHLY INCOME TO DAILY FEE ASSESSMENT (RF) DAILY FEE ASSESSMENT (RF/GPS1) "Passive" DAILY FEE ASSESSMENT (RF/GPS2) "Active" OR RF w/Alcohol Monitoring DAILY FEE ASSESSMENT (RF/GPS3) "Active w/Zones" $7,020.00 $7,191.60 $41.00 $42.00 $44.00 $46.00 $7,193.33 $7,364.93 $42.00 $43.00 $45.00 $47.00 $7,366.67 $7,538.27 $43.00 $44.00 $46.00 $48.00 $7,540.00 $7,711.60 $44.00 $45.00 $47.00 $49.00 $7,713.33 $7,884.93 $45.00 $46.00 $48.00 $50.00 $7,886.67 $8,058.27 $46.00 $47.00 $49.00 $51.00 $8,060.00 $8,231.60 $47.00 $48.00 $50.00 $52.00 $8,233.33 $8,404.93 $48.00 $49.00 $51.00 $53.00 $8,406.67 $8,578.27 $49.00 $50.00 $52.00 $54.00 $8,580.00 $8,751.60 $50.00 $51.00 $53.00 $55.00 $8,753.33 $8,924.93 $51.00 $52.00 $54.00 $56.00 $8,926.67 $9,098.27 $52.00 $53.00 $55.00 $57.00 $9,100.00 $9,271.60 $53.00 $54.00 $56.00 $58.00 $9,273.33 $9,444.93 $54.00 $55.00 $57.00 $59.00 $9,446.67 $9,618.27 $55.00 $56.00 $58.00 $60.00 $9,620.00 $9,791.60 $56.00 $57.00 $59.00 $61.00 $9,793.33 $9,964.93 $57.00 $58.00 $60.00 $62.00 $9,966.67 $10,138.27 $58.00 $59.00 $61.00 $63.00 $10,140.00 $10,311.60 $59.00 $60.00 $62.00 $64.00 $10,313.33 $10,484.93 $60.00 $61.00 $63.00 $65.00 Print Date: 7/15/2008 Page 3 of 3 Print Time: 4:20 PM JuJun. 30. 2008 9:39AM1 Manpowe r;ERJET FHX RENEWAL ACCEPTANCE: 979-3G1-4 No. 9202 P. 3 P- 2 By signing herewith, I acknowledge and agree to renew the current Bid for Temporary Employment, Bid 2007-039, at the same price and in accordance with all terms and conditions agreed to and accepted as part of Bid 2007-039. The new Bid Number will be 2008-39R. I understand that Bid 2008-0398 will be in effect from June 30, 2008 through June 29, 2009. MANPOWER Authorind Signature sRAZOS COU Randy Sims,,9bunty Date Z~ /v Date CL. w 0 m (0o con v ~ h ~ w w -i Z: ~2 V N IL 0 in to N vi V> i 613. w. IL U) 0 17 O O O 0 r o r 0 R 0 R V z W3, fo 6-3~ 69, 613. 403, 6% O W C v C ) O N N w L O Z N w rn N N N w w r O W W N 6 ~ O ~ ` 7 m : - N tV Z J, x 6% Vj~ 6 91 % 207 co as UA 0 J N w co Q (00 N ONi O 4) M W d. N N (O N C m O M y W F» t» to is vi vi ui Q C L L 1~' W L L Q Z N t+f Q ~ W O ' {L C Lu _ O0i 0 0) N c N o r LLI 69 &1. ffl~ H a m C ~ C O 0 O 0 0 0 o 0 an O 0 o ; r v Un In co m Z ~ V ~ a c c 3 f-. a .s c a ~ a Q a co L a Q ~ a Q o C? E o " N d Y d rm. o O O u x 2 w tV co of Q Q u'i w tG m 1~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 15, 2008 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Steep Hollow Road (approximately 3,200 ft. from FM 1179). Site is located in precinct 2. 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 fmn; 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 Hi ways, 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: Richard F. Vance, P.E. County Engineer CC2008-048 This Request Date: Q/1 Randy Si)ds, County Judge AP VE ommissioner E. Duane Peters Precinct 2 by Commissioners' Court 11a 161 I fr IF ~ i; I N IP ! s 1 i j. 1 I 1 ! 1 71 i t j: , i a r z sz. i _ V i - H QJ rya i ~a 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) Wickson Creek Special Utility District proposes to place a (type) Waterline within across_ x the right-of-way of (road) STEEPHOLLOW ROAD in Brazos County, Texas as follows: 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. 1he 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 $ day of JULY 209a /J! Firm: Wicl n Creek Special Utility District TItIe:_ General Manager y Address: P. 0. Box 4756 YrG~ Bryan, Texas X77805 1 a Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT ON: Date % . Randy Si County Judge BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 15, 2008 ITEM: Request from City of College Station to construct 120 ft of 30-inch waterline and 3,245 of fiber optic conduit in the right of wa~of_Rye School Road (between Sandy Point Rd and OSR). Site is located in precinct 4. 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 Hi hwUss, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBM T BY: APPROVED BY: nn-__ ~.c~-~1 Richard F. Vance, P.E. Commission/ grey Cauley County Engineer Precinct 4 CC2008-050 This Request is Approved / De d ❑ by Commissioners' Court Date: Wf s:b y /7 > Randy Judge ~i~ Imp! Uec. b. 2W 2:19VM No. 96/5 N. 2 r REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 fJ I Formal noticg In herPhX given that (applicanfli6AA If kt pr p se to place a (type'f~ Wo►✓ _ within the right-of-way o (road) in Brazos County, Texas as follows: ' The location or description of the proposed'installation is more fully shown by GiCGJrCo'N1 e- 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 some become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. r 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 b)egin on or after the LOday of V T , 2o_20 + r Firm: V - h ty ✓e By: h a-L Title: r - Address- (~Ol~ lJ• l~ g~ Il157~ 6~c~STO~t Ty -jV70Z? Phone: -715 IzQ -7131' APPROVED BY COMMISSIONERS' COURT ON: „ / -J_ (4~Pr_) lnG6dC~ o?o l -~o" wa4edOe- 3A5' 4" -416.r op~t4 11D /6-5 4PA0 4 PIPELINE RELOCATION AGREEMENT This Pipeline Relocation Agreement (the "Agreement"), is made as of the 077 day of Tkl , 2008, by and between Brazos County, Texas, acting by and through the Brazos County Commissioner's Court, with a mailing address of 300 E. 26"` Street, Suite 120, Bryan, Texas 77803 (hereinafter called "Brazos County"), and Enerfin Field Services LLC, with a mailing address of 2500 CityWest Blvd., Suite 400, Houston, Texas 77042 (hereinafter called "Enerfin"). WITNESSETH THAT: WHEREAS, T. Hugh Thompson, Trustee, by Easement dated July 25, 1979, recorded in Volume 429, Page 254 of the Deed Records of Brazos County, Texas (the "Easement"), granted to Western Oil Transportation Company, Inc. ("Western") the right to lay, construct, reconstruct, replace, renew, operate, maintain, repair, change the size of, and remove pipes and pipelines, valves, fittings, and other equipment and appurtenances thereto, together with other rights in and across certain lands located in Brazos County, Texas described in the Easement; and, WHEREAS, the Original Easement is now owned by Enerfin; and, WHEREAS, Brazos County has requested that Enerfin consent to the lowering of Enerfin's existing pipeline within the Easement; and WHEREAS, in order to attempt to accommodate Brazos County, Enerfin is willing to lower Enerfrn's pipeline within the Easement as requested by Brazos County, subject however, to the terms and conditions herein contained. NOW, THEREFORE, for and in consideration of the premises, the advantages that will accrue to Brazos County as a result of the lowering of Enerfin's pipeline within the Easement, Brazos County and Enerfin do hereby agree as follows: 1. RELOCATION OF ENERFIN PIPELINE. Enerfin and Brazos County hereby agree that Enerfin will lower its existing pipeline situated within that portion of the Easement denoted on the plat attached hereto as Exhibit "A" so that the top of the pipe is not less than six (6) feet beneath the surface of the bottom of the existing creek channel., 2. RELOCATION COSTS BORNE BY BRAZOS COUNTY. Brazos County agrees to bear and pay the entire cost of the relocation of Enerfin's pipeline which is estimated to cost $36,100.00 consisting of $29,500.00 in labor and equipment for the actual pipeline lowering, $5,200.00 for 400 feet of replacement four inch pipe, and $1,400.00 for related legal fees. As soon as reasonably practical after execution of this Agreement, Brazos County will issue a purchase order to Enerfin in the full amount of the estimated cost of $36,100.00 obligating Brazos County to pay Enerfin such amount within 30 days of completion of the lowering of Enerfin's pipeline. Page 1 of 4 Ito 3. NO INTERFERENCE WITH RELOCATED PIPELINE. Except as otherwise provided for herein, neither Brazos County, nor any of its successors, assigns, agents or contractors shall build any structures on, construct man-made surfaces, excavate or locate any utilities within, change the grade of, or in any way interfere with Enerfrn's immediate and/or unimpeded access to Enerfrn's pipe line facilities located within the Easement, or otherwise interfere with Enerfin's lawful exercise of any of its rights under the Easement and this Agreement. 4. PRIOR NOTICE. Brazos County, its agents and contractors, shall give Enerfin not less than ten (10) days written notice prior to any proposed grading, excavation, construction or installation of any improvements over, under or near Enerfin's Easement and relocated pipeline. 5. BINDING EFFECT. All of the terms and provisions of the Easement, except as modified or amended by this Agreement, are hereby ratified and confirmed and shall remain in full force and effect. The terms, covenants and conditions contained in this Agreement and the benefits and obligations arising hereunder shall create mutual benefits and servitudes running with the land. This Agreement shall be binding upon and shall inure to the benefit of Enerfin and Brazos County, and their respective successors, assigns, tenants, contractors, agents, representatives and employees. 6. BREACH AND REMEDIES. In the event Brazos County fails to timely make any payment to Enerfin provided herein and any such failure is not cured within fifteen (15) days after receipt of written notice from Enerfin, Enerfin shall be entitled to institute appropriate proceedings to collect any sums due and owing, and additionally, Enerfin shall be entitled to recover, its reasonable costs and expenses of such litigation, including reasonable attorney's fees, from Brazos County, 7. AGREEMENT. This Agreement may be amended, modified, or canceled only by written instrument executed by both Enerfin and Brazos County, or their respective successors and assigns. 8. NOTICES. All notices herein required or permitted shall be in writing and any notice or other communication required or permitted hereunder shall be given by personal delivery or be sent by (i) registered or certified mail return receipt requested, postage prepaid, (ii) reputable overnight courier service (i..e.. - Federal Express or Lone Star Overnight), or (iii) facsimile transmission, addressed as follows: Enerfin: Enerfin Field Services LLC 2500 CityWest Blvd,, Suite 400 Houston, Texas 77042 Attn: Contract Management Facsimile: (713) 888-8629 Page 2 of 4 11a 167 Brazos County: 2617 Hwy.. 21, W. Bryan, TX 77803 Attn: Brazos County Engineer Facsimile: (979) 775-0453 9. NO PARTNERSHIP. Nothing contained in this Agreement and no action by either of the parties hereto will be deemed or construed to create the relationship of principal and agent, or a partnership or joint venture between Brazos County and Enerfin. 10. SEVERABILITY. If any provision of this Agreement is to any extent declared by a court of competent jurisdiction, to be invalid or unenforceable, the remainder of this Agreement shall not be affected hereby and each other provision of this Agreement will be deemed valid and enforceable to the fullest extent pennitted by law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year first written. By: Name: Ran Sims Title: Br os County Judge ENERFIN ENERFIN FIELD SERVICES LLC, a Texas limited liability company By: Name: avid C. Cremer Title: Manager Page 3 of 4 110 118 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on '74&U 2008 by Randy Sims, County Judge, County of Brazos, Texas, a political subdivision, on behalf of said County. IE L LOGKUM - . W. ` mom STATE OF TEXAS § COUNTY OF 4aX ri S § Notary Public, State of Texas h;~ (~CQ(J Name Printed: My Commission Expires: 3 lao f( This instrument was acknowledged before me on d 944& , 2008 by David C. Cremer, Manager of Enerfrn Field Services LLC, a Texas limited liability company, on behalf of said company. -L'5~ k Notary Pu a of Texas Name Printed: Nim Sokso. My Commission Expires: 7x1--09 PEGGY SOUSA r' ~ Notary Public g STATE OF TEXAS My Comm.. Exp. D9-27-2OD9 Page 4 of 4 110 l67 DONATION AGREEMENT This agreement ("Agreement") is made and entered into this day of --SL 2008 (the "Effective Date"), by and between BRAZOS COUN ("Brazos County") a County of the State of Texas, with offices at 300 E. 2601 Street, Bryan, Texas 77803, and Brazos Transit District ("The District"), a Political Subdivision of the State of Texas, with offices at 1759 N. Earl Rudder Freeway, Bryan, Texas 77803. WITNESSETH: THAT, for and in consideration of the mutual benefits to be gained by the performance hereof, the parties agree as follows: 1. DESCRIPTION OF PROPERTY Brazos County agrees to donate to The District upon the terms and conditions hereinafter specified and for and in consideration of the covenants and agreements of The District as hereinafter set forth the following: The certain tract or parcel of land containing approximately 1.7209 acres, in Brazos County, Texas, as more particularly described by metes and bounds in Exhibit "A' attached hereto and made a part hereof for all purposes ("Property"). The Property will be utilized by The District for the construction of a federally funded parking garage and transit terminal. The Property donated has an appraised value of approximately Five hundred sixty thousand dollars and no/100 ($560,000.00) (the "Donated Value"). IL PERMITTED EXCEPTIONS The District agrees to accept title to the Property subject to the following encumbrances (hereunder referred to as "Permitted Exceptions"): (1) All of the reservations, exceptions and covenants set out in the General Warranty deed (hereinafter referred to as the "Deed") attached as Exhibit "B". .(2) The covenants, easements, pathways, building setback lines and forest or vegetation preserves, if any. Donation Agreement Page I of 11 Vol.. P y' III. TITLE AND SURVEY REVIEW Within seven (7), days from the Effective Date, Brazos County shall obtain, and cause to be delivered to The District, a written commitment ("Commitment") from Brazos County Abstract in Brazos County, Texas ("Title Company") to issue to The District an Owner Policy of Title Insurance ("Owner's Title Policy") on the current Texas standard printed form, in an amount equal to the. Donated Value, insuring to The District good and indefeasible fee simple title to the Property, subject to the following exceptions ("Listed Exceptions") and other matters provided in this Agreement: (i) ' All of the. reservations, exceptions, and covenants set out in the Deed. Brazos County shall impose the County's. covenants, as defined in the Deed, on or before the date of Closing. (ii) The covenants, easements, pathways, building setbacks, and forest or vegetation preserves, if any. (iii) The standard exceptions on the current Texas standard printed form of Owner Policy of Title Insurance. Additionally, Brazos County shall cause legible copies of all title exception documents to be delivered to The District with the Commitment. IV. UTILITIES AND ACCESS Brazos County has caused to be provided access to the Property by a hard surface roadway. Brazos County has also caused sanitary sewers, water mains, and storm drainage facilities to be extended to a point within an easement or right-of-way adjoining the Property. It shall be the responsibility of The District to make requests to the appropriate utility companies for, and to bear all expenses in connection with, the extension of service for electricity and underground service for. telephone, community cable television, and gas to the Property. Brazos County shall have no obligation for the construction of any utilities or drainage facilities within the Property, nor shall Brazos County be responsible for the making of or charges for any connections or taps. Vol. I I C Pg. If required by a utility company, The District. will grant such construction easements as are reasonably necessary. The clearing of any easement shall be in conformity with the applicable rules established by Brazos County and the City of Bryan. V. CLOSING Upon compliance with all the terms and conditions hereof, the parties shall proceed to close this donation on a mutually acceptable date (hereinafter referred to as "Closing"), but not later. than December 31, 2008. The Closing shall occur at. the offices of Brazos County Abstract ("Title Company"). At the Closing, the following shall occur: (1.) Brazos. County shall execute, acknowledge and deliver to The District the Deed, subject only to the Permitted Exceptions and other matters described in this Contract, and The District shall execute the Deed to evidence its acceptance of the Deed; (2) Brazos County shall deliver possession of the Property to The District; (3) Brazos County shall pay (i) the Owner's Title Policy premium, (ii) the cost of any title curative matters required under this Contract, and' (iii) one-half of the Title Company's escrow fees. All other closing costs shall be allocated between the parties based on local custom in Brazos County, Texas for commercial real estate sales; (4) Each party shall be responsible for its own attorney's fees; and (5) Any other actions required of any party hereto to complete performance of this Agreement. VI. DEVELOPMENT This Agreement is made and entered into subject to the development of a transit terminal/parking garage, offices, and retail space. The District . covenants and agrees that the Property shall be solely used for the construction, operation, and maintenance of this facility by customers of a Donation Agreement Page 3 of 11 Vol. 1 I O Pg. mass transit program. Additionally, at least 18,250 feet of office space will be constructed to replace the current space utilized by Brazos County's Adult Probation Department, in accordance with DOT/FTA Relocation Assistance guidelines. The District agrees to commence construction, as hereinafter defined of the aforesaid facility within twelve (12)' months of the date hereof. The Deed conveying the Property to be executed and delivered by Brazos County to The District shall contain conditions subsequent giving Brazos County the right to terminate the conveyance if these conditions are not satisfied. The property will revert to Brazos County at the end of its life cycle, within thirty-five (35) years. VII. DISCLAIMER THE PROPERTY IS BEING DONATED "AS IS" AND "WITH ALL FAULTS" INCLUDING ALL LATENT AND PATENT DEFECTS. WITHOUT ANY REPRESENTATION OR WARRANTY BY BRAZOS COUNTY. BRAZOS COUNTY HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR, WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY REGARDING FITNESS FOR ANY PARTICULAR PURPOSE OR COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS (EXCEPT FOR LIMITED WARRANTIES OF TITLE SET FORTH IN THE EASEMENT). THE DISTRICT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY, -OR OTHER ASSERTION, EITHER ORAL OR WRITTEN, MADE BY BRAZOS COUNTY OR ITS EMPLOYEES, AGENTS, OR BY ANY OTHER PERSON REPRESENTING BRAZOS COUNTY, BUT IS RELYING SOLELY UPON ITS EXAMINATION OF THE PROPERTY.. THE DRISTRCT WARRANTS THAT IT SHALL INSPECT THE PROPERTY AND SHALL RELY SOLELY ON ITS OWN INVESTATION OF THE PROPERTY TO DETERMINE TH CONDITION OF THE PROPERTY. THE DISTRICT ACKNOWLEDGES THAT ALL INFORMATION PROVIDED OR TO BE FURNISHED BY BRAZOS COUNTY WITH RESPECT TO THE CONDITION OF THE PROPERTY IS FURNISHED AS A CONVENIENCE ONLY TO THE. DISTRICT AND THAT BRAZOS COUNTY MAKDES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. Donation Agreement Page 4 of 11 Vol., pg. 11A VIII. GENERAL (1) The headings of the articles herein are for convenience and shall not affect the meanings and interpretations of the contents hereof. (2) This agreement represents the complete understanding between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, as to the Property. This Agreement may be amended only by a written instrument signed by both parties. No requirement, obligation, remedy or provision of the Agreement shall be deemed to have been waived unless expressly waived in writing, and any such waiver shall not affect the right to enforce such provision thereafter.. (3) This Agreement may not be assigned by The District without the prior written consent of Brazos County. No such assignment shall relieve The District or its successors or assigns of any obligations imposed hereunder, including the obligations, to pay the sums due hereunder and to develop the Property in accordance with the requirements of the Agreement. (4) All .notices authorized or required herein shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, or by reliable overnight courier service to Brazos County or The District at their respective addresses as set forth below; Brazos County: Brazos County Attention: Randy Sims, County Judge 300 East 26th Street Bryan, Texas 77803 The District: Brazos Transit District Attention: John McBeth 1759 N. Earl Rudder Freeway Bryan, Texas 77803 Donation Agreement Vol., 1(a pg. I (a Page 5 of 11 All such notices shall be deemed to have been given forty-eight (48) hours after sending, or upon receipt if delivered in person. (5) Time is of the essence of this Agreement. (6) The covenants, representations, agreements, and conditions herein contained shall survive closing and shall apply to and bind the successors and assigns of the parties hereto. (7) The representations, warranties, covenants, and agreements contained herein shall be deemed to be material and to have relied upon by the party to whom they have been made. (8) Unless superseded by federal law, the Agreement shall be construed under the laws of the State of Texas. Venue for any action hereunder shall lie exclusively in Brazos County, Texas. IN WITNESS WHEREOF, the parties have executed this instrument in multiple original counterparts, each of which have the full force and effect of an original, but constituting only one instrument, as of the day and year first above written. BRAZO N ' By: Name: Rand ims Title: Cou Judge BRAZOS TRANSIT DISTRICT: By: Name: +Jhfll. cB. eth Title: Brazos Transit District EXHIBITS: EXHIBIT A - Property Description EXHIBIT B - General Warranty Deed Donation Agreement Page 6 of I I Pg. I- r EXHIBIT A First parcel Being 0.861 acre tract or parcel of land and being all of Block Seven (7), City of 'Bryan Townsite in accordance to map of the original townsite of said City of Bryan, Texas, as recorded in Volume H, Page 721 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the southeast comer of the aforesaid Block Seven (7), said point also being the southeast corner of Lot No. One (1) and also lying at the point of intersection of the north right-of-way of Twenty-seventh (27'x') Street and the west right-of-way line of Washington Avenue; THENCE north along the said west right-of-way line of Washington Avenue for a distance of 250.00 feet to an iron rod for corner; said corner being the northeast comer of Block Seven (7) and the northeast corner of Lot No. Five (5) and lying at the point of intersection of the west right-of-way line of Washington Avenue with the south right-of-way of Twenty-sixth (26a') Street; THENCE.west along the said south right-of-way line of Twenty-sixth (26 h) Street for a distance of 150.00 feet to an iron rod for comer; said comer being the northwest corner of Block Seven (7) and the northwest comer of Lot Five (5) and also lying at the point of intersection of the south right-of--way line of. Twenty- sixth (26`) Street and the east right-of-way line of Regent Street; I Donation Agreement Page 7 of 11 Vol.. Pg. I b THENCE south along the said east right-of-way line of Regent Street for a distance of 250.00 feet to an iron rod for comer; said corner also being the southwest corner of Block Seven (7) and the southwest comer of Lot No. One (1) and also lying at the point of intersection of the east right-of-way line of Regent Street and the north right-of-way line of Twenty-seventh (27th) Street; THENCE east along the north right-of-way line of Twenty-seventh (27`°) Street for a distance of 150.00 feet to the PLACE OF BEGINNING and containing 0.861 acres of land, more or less. Being the same land described in deed from Bryan Hospital, Incorporated to Brazos County, by deed dated July 16th, 1975 and recorded in Volume 341, page 618, Deed Records of Brazos County, Texas. Second parcel Being Lot No. SIX (6) and Lot No. SEVEN (7), in Block No. TWENTY-FIVE (25) in the city of Bryan, Brazos County, Texas according to plat of record in Volume H of the Deed Records of Brazos County, Texas. And being the same lots described in deed from Annie L. Webb to W. H. Lawrence by deed dated February 28, 1924, and recorded in Volume 63, page 222, Deed Records of Brazos County, Texas. Being the same land described in deed from Mrs. Katherine Lawrence Higgs, Individually and as Independent Executrix of the Estate of Jim Tom Lawrence, Osborn S. Higgs, Mrs. Helen Lawrence Winstein, George D. Winstein, Mrs. Gail Lawrence Tiano and Anthony Tiano to Brazos County, by deed dated January 24th, 1966' and recorded in Volume 253, page 60, Deed Records of Brazos County, Texas. Third parcel Being Lot No. EIGHT (8) in Block No. TWENTY-FIVE (25), in the City of Bryan, Brazos County, Texas, according to plat of record in Volume H of the Deed Records of Brazos County, Texas. Being the same land described in deed from Mrs. Kate L. Williams to Brazos County, by deed dated January 26th, 1966 and recorded in Volume 253, page 73, Deed Records of Brazos County, Texas. Donation Agreement Vol. I t o F9. 1 ~7- Page 8 of 1l EXHIBIT B GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is made this _ day of - 2008 between COUNTY OF BRAZOS, a political subdivision of the State of Texas, GRANTOR, and BRAZOS TRANSIT DISTRICT, a political subdivision of the State of Texas, GRANTEE. WITNESS ETH, that in consideration of the sum of Ten and No1100 Dollars ($10.00), the receipt of which is hereby acknowledged, said party of the first part does by these presents, grant, bargain, sell and convey unto said GRANTEE and its assigns, all of the following described real estate, situated in the County of Brazos, State of Texas, to-wit: First parcel Being 0.861 acre tract or parcel of land and being all of Block Seven (7), City of Bryan Townsite in accordance to map of the original townsite of said City of Bryan, Texas, as recorded in Volume H, Page 721 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of the aforesaid Block Seven (7), said point also being the southeast comer of Lot No. One (1) and also lying at the point of intersection of the north right-of-way of Twenty-seventh (27`h) Street and the west right-of-way line of Washington Avenue; THENCE north along the said west right-of-way line of Washington Avenue for a distance of 250.00 feet to an iron rod for corner; said corner being the northeast comer of Block Seven (7) and the northeast corner of Lot No. Five (5) and lying at the point of intersection of the west right-of-way line of Washington Avenue with the south right-of-way of Twenty-sixth (26 h) Street; THENCE west along the said south right-of-way line of Twenty-sixth (26`h) Street for a distance of 150.00 feet to an iron rod for corner; said corner being the northwest comer of Block Seven (7) and the northwest comer of Lot Five (5) and also lying at the point of intersection of the south right-of-way line of Twenty- sixth (26 ) Street and the east right-of-way line of Regent Street; Donation Agreement Vol, Ho O Pg. I_ Page 9 of l l THENCE south along the said east right-of-way line of Regent Street for a distance of 250.00 feet to an iron rod for corner; said corner also being the southwest comer of Block Seven (7) and the southwest corner of Lot No. One (1) and also lying at the point of intersection of the east right-of-way line of Regent Street and the north right-of-way line of Twenty-seventh (27th) Street; THENCE east along the north right-of-way line of Twenty-seventh (27'h) Street fora distance of 150.00 feet to the PLACE OF BEGINNING and containing 0.861 acres of land', more or less. Being the same land described in deed from Bryan Hospital, Incorporated to Brazos County, by deed dated July 16th, 1975 and recorded in Volume 341, page 618, Deed Records of Brazos County, Texas. Second parcel Being Lot No. SIX (6) and Lot No. SEVEN (7), in Block No. TWENTY-FIVE (25) in the city of Bryan, Brazos County, Texas accbrding to plat of record in Volume H of the Deed Records of Brazos County, Texas. And being the same lots described in deed from Annie L. Webb to W. H. Lawrence by deed dated February 28, 1924, and recorded in Volume 63, page 222, Deed Records of Brazos County, Texas. Being the same land described in deed from Mrs. Katherine Lawrence Higgs, Individually and as Independent Executrix of the Estate of Jim Tom Lawrence, Osborn S. Higgs, Mrs. Helen Lawrence Winstein, George D. Winstein, Mrs. Gail Lawrence Tiano and Anthony Tiano to Brazos County, by deed dated January 24`h, 1966 and recorded in Volume 253, page 60, Deed Records of Brazos County, Texas. Third parcel Being Lot No. EIGHT (8) in Block No. TWENTY-FIVE (25), in the City of Bryan, Brazos County, Texas, according to plat of record in Volume H of the Deed Records of Brazos County, Texas. Being the same land described in deed from Mrs. Kate L. Williams to Brazos County, by deed dated January 26`s, 1966 and recorded in Volume 253, page 73, Deed Records.of Brazos County, Texas. TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining forever. And said party of the first part, its successors and assigns, does hereby covenant, promise and agree to and with said party of the second part at the delivery of these presents it is lawfully seized in its own right of an absolute and indefeasible estate of inheritance in fee simple, of and in, all and singular the above granted and described premises, with the appurtenances; that the same are free, clear, and discharged and unencumbered of and front all former and other grants, titles, charges, Donation Agreement Page 10 of 11 Vol. D Pg. 9 - estates, judgments, taxes, assessments and encumbrances of whatsoever nature, EXCEPT, taxes and assessments not yet due, restrictions, covenants and easements of record, and that party of the first part will WARRANT AND FOREVER DEFEND the same unto GRANTEE and its assigns, against GRANTOR, its successors and assigns, and all and every person or persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, the GRANTOR hereto has caused these presents to be signed in its name the day and year first above written. By: Randy Sims Brazos County Judge STATE OF TEXAS § COUNTY OF BRAZOS § SUBSCRIBED AND SWORN TO this _ day of 2008. Notary Public, State of Texas My Commission Expires: Attest: Karen McQueen, Brazos County Clerk Donation Agreement Vol. 1 u _ p Page 11 of I 1 g' -X i I