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HomeMy WebLinkAbout2008-09-30-9:00AM-REGULAR$ T$ 2a ~r s -Ar T ~ o:sue t;B6 LP 2b Foz~ 52 SRAZOS COiTNTY - - Fc L-1 BRYAN, 'TIEXAS NOTICE OF MEETING AND AGENDA BI~+I 7OS COTJNTY COM_M3SSIONERS CO'i7IiT' CO7yrive'rSSIONERS COLRT WILL MEET 1N R>EGUI -.a.72 STSSION ON '1"C7ESDAY~ SEPTCa MBER 30, 2005 A'T 9=00 A_M_ Z1~T 'i<' EF-V- COMMISSIONERS CO'I.112T'[2O0M OF'7'f Tf.'_ COiJNTY AD1viIrTISTRAIICON $~J~DII~TG, 200 SCOTT= TEXAS AVENl7:E, SUI7`E 106, BRYAN, TEZ~:A.S_ 1 _ Invocation and Pledge of Allegiance -Commissioner Cawley 2_ CaII for citizen input and/or concerns. Consid¢t- axnd take action on agenda items 3 -32 3. Budget Amendments 07/08 49.1 tl=u 07/08 .49.9. Personnel Changes of Status_ payment of CIairns. 6. S rt* m the holidays for 2009. 7. Desigriate the day o£weclc oa wlhi~lx Commissioners Court shall convene each month during the next fiscal Year- 8- Interim Plan to insure judicial readiness ixx tirxxes of emer cncy 9_ Approval of Oillcial Bond for Rodney W. Anderson, County Atta =r y 10 _ Request from the Special Investigation Unit for out of state travel for Milca Welch to travel to Ralcigia, North Carolina om September 20, 2005_ Ofnc or the I=-ty .TUd~ _ 2M7 Sonde -A- _ Sui- 332 _ Bryan, T~xb9 77803 _ Faux <979) 361~Sd3 pat ~L Lf Y1. W i~ Commoners Court Meeting Agenda September 30, 2008 Page Two 11. Renewal of Causality Insurance. 12. Tax Refund Applications for the following: a. Jeffrey S. & Holly Hef i b. Kenneth Dale Petty c. Christopher McCollum d_ Pierre Joseph & Mary Christine Dube e. Gloria &Dennis Rhodes f. Southwest Stor-Mor Car Wash g. American Tower Corp. 13. Payment authorization in the amount of $4,550.00 to Adele Carboni for records management services. for the County Clerk's Office. 14. Non-profit Organization application for Brazos County Inmate Work Crew Labor for the Children's Museum 15. 2008-2009 Memorandum of Understanding for Brazos County Juvenile Services Academy/Juvenile Justice Alternative Education with the Bryan Independent School District, College Station Independent School District and the Navasota Independent School District. 16. The following contracts with Cameron County for. Juvenile Services for 2009: a. Residential Services, b. 90 day short term program (Pride-Attitude-Motivation for Residential Services with Cameron County for Juvenile placement. 17. Asset Forfeiture Report for Constable, Precinct 2. 18. Increase of 13% in the County's contribution towards Medical Premium for employees and retires who retired alter 2000 with more than 8 years of service. The effective date of the increase will be October 4, 2008. 19. Salary Schedule for fiscal year 2009. 20. Sheriffs' and Constables' fees to become effective January 1, 2009 21. Renewal with Fort Bend services for the water treatment program with no change in rates; term of agreement is 10/01/08 through 9/30/09, (Previously tabled) vC,~..E ' Ar n~ Commisszoneas CowMeebngAgmda September 30, 2008 Page Three 22. The following contracts: a. Renewal with G&L Services for grease trap pumping with no change in rates; term of agreement is 10/01/2008 through 9/30/2009 (Previously tabled) b. Renewal with L3 Communications for the maintenance of the x-ray machine at the Brazos County Courthouse; term of the agreement is 10/0112008 through 9/30/2009. (Previously tabled). c. Renewal of Bid 04115 with Brenco Marketing for fuel; term of agreement is 10/01/2008 through 9/30/2009. d. Renewal with R P. Lee for pest control services with no change in rates; terra of agreement is 10/01/2008 through 9/30/2009 (Previously tabled) e. Renewal with Able Tire Disposal with no change in rates; term of agreement is 10/01/2008 through 9/30/2009 (Previously tabled) f. Renewal with Texas Commercial Waste for the rental of portable toilets with no change in rates; terra of agreement is 10/01/2008 through 9/30/2009. (Previously tabled) 23. The following Service Agreements: a. Agreement with CTWP for copier lease for the Human Resources Department. Monthly lease will be $394.55 per month; term ofthe lease is 10/20/2008 through 10/20/2013. b. Agreement with CTWP for a copier for the District Attorney's Office. Monthly rate will be $394.00 per month; term of the lease is 10/20/2008 through 10/20/2013. 24. Lease agreement with IKON for a copier for the Criminal investigation Unit of the Sheriffs Office, Monthly lease will be $195.00 per month; terra of the tease is 10/01/2008 through 10/01/2012. 25. Exemption for competitive bidding for the following vendors: a. Absolute Environment Services b. Anna Satterfield, Ph.D. c. Antonio Cepeda-Benito,Ph.D. d. Associates for Applied Psychology/Brian Stagner, Ph.D. e_ Atmos Energy f. Austin Environmental, Inc. g. Automotive Displays, Inc. E BVCASA i. Ben Sanford and Associates. j, Berkel & Company Contractors, Inc, L Best Access System. 1. Brad Kerr Surveying inn.. Brazos ,Abuse Interventions ProgramlVernon Van Rooy, LPC 4 1, Commissioners CowtMcdngA.gmda September 30, 2008 Page Four n. Brooks Land Survey Co. o_ Bruchex, Goss, Meronol~ Thornton & Hawthorne p. Profession Services Legal c1. Bryan Freighters r. Bryan Utilities s. Brushy Water Supply Corp. t. Buchanan Soil Mechanics u. CSC Engineering & Environmental Consultant v. Carlomango Ssurveying, Inc. w. Cindy Soltis, LCDC x. City of Bryan - Emergency Calls y. City of College Station Emergency Calls a. City of College Station - Utilities aa. Coufal - Prater bb. Delucia Mail Service cc, Dentrust Dental Texas, PC dd. Department of Education Psychology/Dave Lawson Ph.D. ee. Department of Psychology/Doug Snyder, Ph.D. ff. Dr. Mahesh Dave gg. Dr. Raney Cherian hh. Family Psychological Services ii. Garrett Engineering jj. Goodwin-Lasiter, Inc kk. Greenway Constructors, Inc./ Stephen P. Byrne, FAIC,MCIOB,CPC 11. Professional Services - Consulting/Design Build Contractor mm. Gulf Coast Traders Center nn. Halt Control - Roy Luepnitz, Ph.D_ oo. Highway Equipment pp. Hogan's Truck Equipment - International qq. Hunton Trane Services rr. Idexx Laboratories ss. IKON, Texas Copy tt. Indigent Health Care Program uu. J. P. Bowlin vv. Jim Singleton Architect ww.John Hamilton roc. K. W. Brown & Associames yy. Kennedy-Holtkamp, Inc. zz. Kling Engineering aaa.Leonard Crowley, LCDC bbb. Life Sign LLP ccc. Loflin Environmental ddd. Lutheran Social Services ComnvsQionerg CoWMeetingAgenda Scptcmbcr 30, 2008 Page Five eee. Microview Systems f NUlican Consultants & Actuaries ggg. Municipal Development Group hhh. Mustang Tractor iii. Navor "Sonny" Casares, .LCDC b OSR Water Supply kkk. Pam Perlitz LPC, LCDC, .LMFT 111. Pat Hicks, LCDC mmm. Patterson Architects nm. Pledger Kalocmey, Inc. ooo. Portia Smith ppp. Public Financial Management (PkA4) qqq. R. B. Everett rrr. Raybon Metcalf Engineering sss. Richard Davis, LCDC ttt. Riley Engineering uuu. Robertson Engineering vw. Ruth Helpertz Nunez, LCSW, LMFT www. S. T. Lovett, & Associates xxx. Scott & White Clinks yyy. S. M. Hodge, Co. Still Creek Ranch aaaa. Strong Survey bbbb. Terracon Consultants cccc. Texas Avenue Medical Clinic dddd. Texas Commercial Waste eeee. Texas A&M Department of Psychology ffff, Texas Voting Systems gggg. The Counseling Centers/Ms.Tarnznera Brown, LPC hhhh. Tiburn, Inc iiii. Tracy Thomas !j j. Unisis kkkk. Verizon 1111. Waste Systems Equipment, Znc. mmmm. Wellborn Water Supply nnnn. Wbarry Engineering oooo. W"ickson Creek S.U.A. pppp. Winstead, Sechrest and Minick P.C. ~jj Commissioners Court Meadng Agcnda September 30, 2008 Page six 26. Interlocal Agreement with the Cities ofBryan and College Station for Emergency Medical Ambulance Service. Term of the Agreement is 10/01/2005 through 9/30/2009. 27. Request from Road and Bridge to enter the property of W. W. Humphries Famdy Limited Partnership off Wickson Lake Road for the purpose of reshaping the creek channel for fence reconstruction for the health, safety and welfare of the general public. Site is located in Precinct 2. 28. Request from Road and Bridge on. abandoning a 20 foot alley in Benjamin Graham Addition situated between 0.5207 Acres (Part ofLots 10 & all ofLot 11, Block `A) and 0.4349 Acres (all ofLots 4, 5 & 6, Block "A"), Volume 12, Page 394, Andrew McMahon Survey, Abstract 167, Wellborn, Brazos County, Texas. Site is located in Precinct: I . 29. Service Agreement with Commercial Electronics Corporation for the Audio & Video Interview Equipment, Software & Hardware for the Sheriffs Oi ice in the amount of $2,555. Term of the Agreement is 10/1/2008 through 913012009. 30. Continuation of the Service Agreement with Sentinel Offender Services through September 3 0, 2009. 31. The Tax Increment Reinvestment Zone # 19 Project and Financial Plan. The Interlocal Agreement has been previously approved. 32. Resolution for the Honorable Jim Kuboviak in appreciation of his many years of service to Brazos County and the citizens of Brazos County. 33. Announcement of interest items and possible future agenda topics. 34. Call for citizen input and/or concerns. 35. Agency /Board /Committee reports by Court members. 36. Adjourn.. The Courthouse is wheelchair accessibia Handicap parking spaces are available, Aay request for si gu interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 30, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 30, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; 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 Cauley gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-49.1 through 49.9 that would reallocate funds for Constable, Precinct 4, Constable, Precinct 3, Hurricane Ike, Magistrate, Constable, Precinct 1, County Court at Law I; transfer funds from the General Fund to General Capital Improvement Fund; Vol 0 Page I a Commissioners Court meeting September 30, 2008 2 transfer funds from Contingency to Health Department In-Kind Support; and reverse budget amendment 41.7 concerning the Voter Registration Fund, Tax Assessor-Collector and Chapter 19 funds. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment 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 Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7054530 through 7054777 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court proceeded to set the holidays to be observed by Brazos County for 2009: January 1, 2009 New Year January 19, Martin Luther King Birthday April 10, Good Friday May 25, Memorial Day Vol 114 Page jd:7 Commissioners Court meeting September 30, 2008 3 July 3, Independence Day September 7, Labor Day November 26 & 27 Thanksgiving December 23-25 Christmas One (1) Floating Holiday The next matter before the Court was consideration of the designation of the day of the week on which Commissioners Court shall convene each month during the next fiscal year. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to designate the 1St, 2na, and 4th Tuesday of the month at 9:00 a.m. and the 3rd Tuesday of the month at 6:00 p.m. Then Commissioner Mallard amended the motion to state the Court will meet every Tuesday at 9:00 a.m. at the County Administration Building except for the 3rd Tuesday of the month when the Court will meet at 6:00 p.m. Commissioner Peters seconded the motion and then it carried unanimously. The Court next considered an Interim Plan to insure judicial readiness in times of emergency. On motion by the Count Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the plan. A copy is attached. The next matter before the Court was approval of the Official Bond for Rodney W. Anderson, County Attorney. On motion by Commissioner Peters, seconded by Commissioner Cauley -IV Vol I I i Page la g Commissioners Court meeting September 30, 2008 4 the Court voted unanimously to approve the Official Bond for Rodney W. Anderson. The next matter for consideration by the Court was a request submitted by the James Woodward Commander of the Brazos County Special Investigations Unit (BCSIU) seeking approval for out of state travel for Michael Welch to travel to Raleigh, North Carolina to take a vehicle to be retro- fitted at the Law Enforcement Associates Facility, the original manufacturer and sole source provider. Officer Welch will travel to Raleigh, towing a motorcycle, leave the vehicle there, travel back to Bryan on the motorcycle then go back to Raleigh, pick up the vehicle and tow the motorcycle back to Bryan. Due to time limitations involving the grant and obtaining a purchase order, the BCSIU obtained prior approval from the Auditor's office to proceed with travel prior to obtaining formal approval from the Commissioners Court. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from Commander Woodward and approved payment of out of state travel expense for Officer Mike Welch. The next matter before the Court was the renewal of Property and Causality Insurance through the Texas Association of Counties. On motion by Commissioner Cauley, seconded by Vol 114 Page Id-9 Commissioners Court meeting September 30, 2008 5 Commissioner Peters, the Court voted unanimously to approve the renewal of Property and Causality Insurance with the following exceptions: a) At this time, no endorsement for the District Judges b) Change deductible on Law Enforcement from $25,000 to $10,000 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Jeffrey S. & Holly Hefti, over payment $25.00 b. Kenneth Dale Petty, over payment $10.00 c. Christopher McCollum, over payment $6.97 d. Pierre Joseph & Mary Christine Dube, over payment $50.00 e. Gloria & Dennis Rhodes, over payment $2,150.20 f. Southwest Stor-Mor Car Wash, over payment $50.00 g. American Tower Corp., over payment $7.10 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered a payment authorization in the amount of $4,550.00 to Adele Carboni for records management services for the County Clerk's Office. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a Non-Profit Organization Application for Brazos County Inmate Work Crew Labor. The Vol [ 14 Page 130 Commissioners Court meeting September 30, 2008 6 Children's Museum of the Brazos Valley has requested the use of an inmate work crew to clean up around the museum. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the application. The next matter before the Court was consideration of a 2008-2009 Memorandum of Understanding (MOU) for Brazos County Juvenile Services Academy/Juvenile Justice Alternative Education with the Bryan Independent School District, College Station Independent School District and the Navasota Independent School District to provide a continuum of educational services to those students who have been expelled from their regular school program. Funding will be provided by the Texas Education Agency based on each Independent School District's daily attendance rate. The term of the MOU shall be effective from August 25, 2008 through August 2, 2009. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the MOU and authorized the County Judge to execute the document. A copy is attached. Dr. Vance informed the Court that they will be moving in tomorrow. Vol I 14 Page 13( Commissioners Court meeting September 30, 2008 7 The next matter before the Court was consideration of the following contracts with Cameron County Juvenile Services for 2009: a) Contract for Residential Services FY 2009 $90 per day/per child b) Contract for Residential Services 90 Short Term Program FY 2009 $90 per day/per child On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the contracts and authorized the County Judge to execute the documents. A copy of each is attached. The Court next considered an Asset Forfeiture Report for Constable, Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the report. The next matter before the Court was consideration of an increase of 13 percent in the County's contribution towards Medical Premium for employees and retirees who retired after 2000 with more than 8 years of service. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the increase to be effective October 4, 2008. The Court next considered approval of the salary schedule for fiscal year 2009. On motion by Commissioner Peters, Vol I I q Page I -a-" Commissioners Court meeting September 30, 2008 8 seconded by Commissioner Cauley, the Court voted unanimously to approve the schedule. A copy is attached. The next matter before the Court was the setting of the 2009 Sheriff's and Constables' Fees. Subchapter 118.131 of Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the Office of Sheriff and Constable. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to adopt the fees attached hereto, to recoup the costs to Brazos County for these services. The fees become effective January 1, 2009, and to remain in effect until further orders of the Court. The Court next considered renewal with Fort Bend Services for the water treatment program. There is no price increase for the coming year. The contract commences on October 1, 2008 and terminates on September 30, 2009. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the renewal and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of renewal of the following contracts: a. G&L Services for grease trap pumping with no change in rates. Vol ( lq Page 133 Commissioners Court meeting September 30, 2008 b. L-3 Communications for the X-Ray Machine Maintenance. Price increase of $500 from $7,000 to $7,500. c. Brenco Marketing for the Fuel Contract issued by the City of Bryan. All in accordance with the terms and conditions previously agreed to and accepted. d. R. P. Lee for pest control services. There is no price increase over last year. e. Able Tire for tire disposal with no price increase. f. Texas Commercial Waste for rental of portable toilets. 9 On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the renewals with the exception of item "e" the contract with Able Tire and authorized the County Judge to execute the documents. All contracts commence on October 1, 2008 and terminate on September 30, 2009. A copy of each is attached. The next matter before the Court was consideration of the following service agreements: a. CTWP for copier lease for the Human Resources Department. Monthly lease is $394.55/month b. CTWP for copier lease for the District Attorney's Office. Monthly lease is $394.55/month On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the service agreements. Both agreements begin on October 20, 2008 and terminate on October 20, 2013. The Court next considered a copier lease agreement with IKON for a copier for the Criminal Investigation Unit of the Vol U Page , 4 Commissioners Court meeting September 30, 2008 10 Sheriff's Office. The monthly lease is $195.00. The agreement begins on October 1, 2008 and expires on October 1, 2012. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the agreement. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024 (a) (7) (A) . On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the following list of vendors from the of Competitive Bidding Requirements: a. Absolute Environment Services b. Anna Satterfield, Ph.D. c. Antonio Cepeda-Benito,Ph.D. d. Associates for Applied Psychology/Brian Stagner, Ph.D. e. Atmos Energy f. Austin Environmental, Inc. g. Automotive Displays, Inc. h.BVCASA i. Ben Sanford and Associates. j. Berkel & Company Contractors, Inc. k. Best Access System. 1. Brad Kerr Surveying in. Brazos Abuse Intervention Program/Vernon Van Rooy, LPC n. Brooks Land Survey Co. o. Bruchez, Goss, Meronoff, Thornton & Hawthorne p. Profession Services - Legal q. Bryan Freight Liners r. Bryan Utilities s. Brushy Water Supply Corp. t. Buchanan Soil Mechanics u. CSC Engineering & Environmental Consultant v. Carlomango Ssurveying, Inc. w. Cindy Soltis, LCDC 0 P, Vol 1)4 Page 1 Commissioners Court meeting September 30, 2008 x. City of Bryan - Emergency Calls y. City of College Station - Emergency Calls z. City of College Station - Utilities aa. Coufal - Prater bb. Delucia Mail Service cc. Dentrust Dental Texas, PC dd. Department of Education Psychology/Dave Lawson Ph.D. ee. Department of Psychology/Doug Snyder, Ph.D. ff. Dr. Mahesh Dave gg. Dr. Raney Cherian hh. Family Psychological Services ii. Garrett Engineering jj. Goodwin-Lasiter, Inc kk. Greenway Constructors, Inc./ Stephen P. Byrne, FAIC,MCIOB,CPC 11. Professional Services - Consulting/Design Build Contractor mm. Gulf Coast Traders Center nn. Halt Control - Roy Luepnitz, Ph.D. oo. Highway Equipment pp. Hogan's Truck Equipment - International qq. Hunton Trane Services rr. Idexx Laboratories ss.IKON, Texas Copy tt. Indigent Health Care Program uu. J. P. Bowlin vv. Jim Singleton Architect ww.John Hamilton xx.. K. W. Brown & Associaates yy. Kennedy-Holtkamp, Inc. zz. Kling Engineering aaa. Leonard Crowley, LCDC bbb. Life Sign LLP ccc. Loflin Environmental ddd. Lutheran Social Services eee. Microview Systems fff. Millican Consultants & Actuaries ggg. Municipal Development Group hhh. Mustang Tractor iii. Navor "Sonny" Casares, LCDC jjj OSR Water Supply kkk. Pam Perlitz LPC, LCDC, LMFT 111. Pat Hicks, LCDC mmm. Patterson Architects nnn. Pledger Kalocmey, Inc. ooo. Portia Smith 11 Vol III Page 13b Commissioners Court meeting September 30, 2008 ppp. Public Financial Management (PFM) qqq. R. B. Everett rrr. Raybon Metcalf Engineering sss. Richard Davis, LCDC ttt. Riley Engineering uuu. Robertson Engineering vvv. Ruth Helpertz-Nunez, LCSW, LMFT www. S. T. Lovett, & Associates xxx. Scott & White Clinics yyy. S. M. Hodge, Co. zzz. Still Creek Ranch aaaa. Strong Survey bbbb. Terracon Consultants cccc. Texas Avenue Medical Clinic dddd. Texas Commercial Waste eeee. Texas A&M Department of Psychology ffff. Texas Voting Systems gggg. The Counseling Centers/Ms.Tammera Brown, LPC hhhh. Tiburn, Inc iiii. Tracy Thomas jjjj. Unisis kkkk. Verizon 1111. Waste Systems Equipment, Inc. mmmm. Wellborn Water Supply nnnn. Wharry Engineering oooo. Wickson Creek S.U.D. pppp. Winstead, Sechrest and Minick P.C. 12 The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the cities of Bryan and College Station for Emergency Medical Ambulance Service. This is authorized by the Interlocal Cooperation Act, Texas Government Code Chapter 791. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into an Interlocal Agreement with the cities of Bryan and College Station for Emergency Medical Ambulance Service. A copy is attached. Vol 11 Page 1-6-1 Commissioners Court meeting September 30, 2008 13 The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of W. W. Humphries Family Limited Partnership on Wickson Lake Road in Precinct 2 to reshape the creek channel for fence reconstruction. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of the abandonment of a 20 foot alley in the Benjamin Graham Addition situated between 0.5207 Acres (part of Lot 10 and all of Lot 11, Block "A") and 0.4349 Acres (all of Lots 4,5 & 6, Block "A") all located in Precinct 1. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the abandonment. The Court next considered a software & hardware service agreement with Commercial Electronics Corporation for the audio and video interview equipment for the Sheriff's Office. The service agreement is for the period of October 1, 2008 through September 30, 2009 in the amount of $2,555.00. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Agreement Vol 1 I Page lag Commissioners Court meeting September 30, 2008 14 with Commercial Electronics Corporation and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Memorandum of Agreement between Brazos County and Sentinel Offender Services to extend participation in a test program Sentinel Offender Services for a period through October 31, 2008. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Memorandum of Agreement to extend the participation period through October 31, 2008 and authorized the County Judge to execute the document. A copy is attached. The Court next considered the Tax Increment Reinvestment Zone #19 Project and Financial Plan. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Tax Increment Reinvestment Zone #19 Project and Financial Plan and authorized the County Judge to execute the document. A copy is attached. On motion by the County Judge, seconded by Commissioners Peters, Mallard, and Cauley the Court voted unanimously to adopt a Resolution honoring retiring Brazos County Attorney James M. Kuboviak and thanking him for his years of service to Brazos County and it citizens. The County Judge then Vol l I } Page l 39 Commissioners Court meeting September 30, 2008 15 presented Mr. Kuboviak with the Resolution. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) He received an e-mail from College Station in reference to "zero rise elevation" This is a big impact on development. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 553 inmates in jail last night. b) The architects will be in town today to go over the expansion. There were no Agency/Board/Committee reports by Court members. The County Judge announced that there would be a reception for Jim Kuboviak immediately following the Commissioners Court meeting. There being no further business to come before the Court, the meeting was adjourned. Vol IN Page I'+ e The foregoing minutes of the Commissioners Court meeting held September 30, 2008 have been examined and are approved in open Court this the J:~~ day of C , 2008, in Bryan, Brazos Qounty n Ted Randy S' s Lloy Wassermann Count Judge Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct r, r Carey Cgr(zl(:~y, Jr. / / Commis oner, Precinct 4 N Attest: Karen McQueen County Clerk Vol 1 I q Page I q I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT Name (PLEASE PRINT) Organization/Department sts' C' A- _ elD n G 71 l ~ a*u 16 sgt d S ~UNN~ u Cr v r BRAZOS COUNTY COMMISSIONERS COURT 13D 2001 AT MEETING ON Ap~- - 1~ r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON J/b 200 AT- ,1~ Name Organization/Dep ment ..1 & A 1 91) 1 eov~~ cr ~r~`~~; ~ kA, vlqvj j7;> BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-49.1 thru 07/0849.9 On this the 30th day of September, 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 30 September 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 are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 30th day of September, 2008. THE COMMUSSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes PAGE I L6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 49.1 9/30/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 61110000 CR Conference and Seminars 518.50 0100 30401100 65950000 DR Vehicle Maintenance 518.50 Constable Pct. 4 To transfer funds to allow for the re air of unit 804. r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 49.2 9/30/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 65350000 DR Gasoline 3,500.00 0100 11001500 61130000 CR Contingency 3,500.00 Constable Pct. 3 To transfer funds to allow for gasoline sage BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 49.3 9/30/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500200 60080000 CR Clothing and Uniforms 300.00 0100 35500200 65350000 DR Gasoline 200.00 0100 35500200 61801000 DR Travel 100.00 Hurrincan Ike To transfer funds to a for gasoline and travel BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08.49.4 9/30/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 60600000 CR Office Supplies 262.47 0100 22600100 67281000 DR Equipment - Electronic 262.47 Magistrate To transfer funds to a ro riatel account for a shredder urchase. "s. z, fie: .&ou.~...w-,.~1_<_......'.S::s~.:<a.Vv.t~t_:..r.>m;'..wS~.~a.~.]'x:.<..`'s :_..:..~v'K~'..:. Si "L':.M1•.a:.✓:Wd_.c.':VS.•..:~~~#s+~~~s w. f} 4';~ W21 R A a~ 9,. . iii i 49 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 49.5 9/30/2008 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67294000 CR Equipment - Telephone 3,005.18 0100 91110000 DR Tranfers to Gen. Cap. Im rov. 3,005.18 4500 49028000 CR Transfers from General Fund 3,005.18 4500 63000500 80294000 DR Equipment - Tel hone 3,005.18 General Capital Improvement Fund To move costs assoiated with the tel hones stem from a minor asset to art of the depreciable asset. x~ Cl Cit 9/25!2008 i s o BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 49.6 amnr,7nna FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 65350000 DR Gasoline 2,114.91 0100 30101100 60080000 CR Clothing and Uniforms 15.65 0100 30101100 60170000 CR Co ier/Printer Supplies 47.41 0100 30101100 60440000 CR Janitorial Supplies 96.11 0100 30101100 60600000 CR Office Supplies 110.00 0100 30101100 60620000 CR Postage 15.40 0100 30101100 60850000 CR Video System Supplies 7.50 0100 30101100 61060000 CR Bonds 14.00 0100 30101100 61110000 CR Conference and Seminars 440.00 0100 30101100 61500000 CR Printing 56.00 0100 30101100 61620000 CR Subscriptions and Publications 105.40 0100 30101100 715060000 CR Rental - Office Space 1,207044 Constable Pct.1 To move funds to cover t he costs of asoline for Au . and Sept. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 49.7 FUND DIV T PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000300 E61900000 CR isitin Court Reporters V 1,212.00 0100 23000100 67342000 DR Minor Fumiture 1,212.00 County Court At Law To move funds for fam BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 49.8 9/30/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 26002000 61880000 DR Utilities 4,000.00 0100 11001500 61130000 CR Contingency 4,000.00 Health Dept In-Kind Support To move funds from Contieency for September utilities. : a e° ` w ti ~f jt. 512008 R. ''rr _3ti '21 L PERSONNEL CHANGE OF STATUS REQUESTS (Page 1 of 1) Commissioner Court Date: September 30, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Request(s) Applies To County Attorney Anderson, Rodney Anderson, Rodney Ballard, William Kuboviak, Jim Action Requested Promotion Cell Phone Allowance New Hire Retirement County Clerk Earle, Patricia New Hire Exposition Complex Smith, Ronald Willis, Joshua New Hire Termination Information Technology Hurst, Brian Resignation Justice of the Peace Pct. 1 Wieters, Rebecca New Hire Approved in Commissioners' Court: September 30, 2008 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS (Page 1 of 2) Commissioner Court Date: September 30, 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 85`h District Court Chapman, Sophia COLA, Budget Change Evans, Kristie COLA, Budget Change Frederick, Paula COLA, Budget Change Glenn, James COLA, Budget Change Langley, J.D. COLA, Budget Change Budget Office Jett, Irene COLA Building Maintenance Alvarado, Santa Budget Change Carabajal, Roberto Budget Change Ledezma, Raul Budget Change Lyon, John Budget Change Manthei, Allan Budget Change Monsivais, Frank Budget Change Overall, Larry Budget Change Reeves, Rodney Budget Change Reyes, Rose Budget Change Scarmardo, Jeanine Budget Change Stuffs, Ernest Budget Change Wiley, Ozell Budget Change Commissioner's Court Allen, Lynn Promotion, Budget Change Ocon, Rebecca Transfer to another dept, Budget Change Constable Pct. 1 Watkins, David New Hire Constable Pct. 4 Pineda, John Promotion Thomas, Adrian New Hire County Attorney Anderson, Justin COLA Bailey, Brenda COLA Barton, Matthew COLA Baughman, Kaisha COLA Biddle, Scott COLA Burkhalter, Tammy COLA Casares, Rose COLA Cooper, Billy COLA Dowling, Sondra COLA Eplen, Rebecca COLA French, Stephanie COLA Giles, Spencer COLA Higginson, G. David COLA Matzke, W. Flint COLA Phariss, Jack COLA Price, I. Richard COLA Risinger, Brian COLA Snelling, Tina COLA Sifuentez, Laura COLA Vasquez, ssica 55 COLA PERSONNEL CHANGE OF STATUS REQUESTS (Page 2 of 2) Commissioner Court Date: September 30, 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 County Auditor's Bates, Amy Budget Change Cao, Thao Budget Change Conner, Katie Budget Change Cokel, Megan Budget Change Deng, Fang Budget Change Garton, Mark Budget Change Lockledge, Cynthia Budget Change Lozano, Rosa Budget Change Murph, Beverly Budget Change Pratt, Brian Budget Change See, Magdalen Budget Change County Clerk Ramirez, Teresa Promotion, Budget Change County Court at Law #1 Bailey, Laura New Hire Kelly, Roy Budget Change Pineda, Crystal Budget Change County Judge Lockledge, Debbie Budget Change District Clerk Coffman, Cheryl Davis, Betty Eckstrom, Bethany Hamlin, Nolan M. Lanehart, Ginger Skinner, Tanya Webster, Evelyn Welsh, Katherine White, Lori Budget Change Budget Change Promotion, Budget Change COLA Budget Change Budget Change Promotion Promotion Termination Human Resources Salazar, Jennifer COLA, Cell Phone Allowance Justice of the Peace Pct. 2.2 Munoz, Tommy COLA Metropolitan Planning Organization Benthul, Bart COLA Lasut, Linda COLA Subichek, Susan COLA Timms, Jennifer COLA Road and Bridge Borges, Megan COLA Iverson, Charles COLA Telg, Darwin COLA Approved in Commissioners' Court: September 30, 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) BRAZOS COUNTY Bryan, Texas PROPOSED 2009 HOLIDAYS New Years Day Thursday 1 January 2009 Martin Luther King, Jr. Birthday Monday 19 January 2009 Good Friday Friday 10 April 2009 Memorial Day Monday 25 May 2009 Independence Day Friday 3 July 2009 Labor Day Monday 7 September 2009 Thanksgiving Thursday & Friday 26-27 November 2009 Christmas Wednesday - Friday 23-25 December 2009 Floating Holiday One Day Approved: County Judge * Employee's choice; requires supervisor approval in advance. Office of the County Judge • 300 East 26`n St. Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 iN )63 INTERIM PLAN To Ensure JUDICIAL READINESS In Times of Emergency A REPORT FROM THE COMMITTEE TO DEVELOP AN INTERIM PLAN TASK FORCE TO ENSURE JUDICIAL READINESS IN TIMES OF EMERGENCY Interin P 150 Page 1 of 13 1.0 Executive Summary On November 19, 2007 the Supreme Court of Texas in Misc. Docket No. 07-91 94 issued its "Order Creating Task Force to Ensure Judicial Readiness In Times of Emergency." The Task Force has the responsibility of recommending to the Supreme Court of Texas a Judicial Continuity of Operations Plan (JCOOP) for all courts in Texas. 1.1 Introduction Disruptive events early in this millennium have alerted Texans to the need for the executive, legislative and judicial branches of government to establish coordinated, state-wide Continuity of Operations Plans (COOPs) to ensure that, even during times of disaster, state government can provide uninterrupted essential services to its citizens. Texas judges must be able to continue to provide essential juridical services during emergency situations, whether the crisis arises from natural disasters, terrorism, technical breakdowns, civil unrest, pandemic or other catastrophes. As highly visible symbols of government under the rule of law, judges have a duty to provide a stabilizing influence during periods of disorder and to help return society to a semblance of normality. This duty includes resuming normal governmental operations as quickly as possible. This document is an interim plan; if a county wishes to make provisions for additional sites to conduct court within the county and does not need assistance from its neighbors, it is encouraged to do so. This interim plan is designed to assist local judicial officials to continue essential operations during emergencies until the Legislature passes future legislation addressing these issues and/or individual counties create their own COOPs. 1.2 Purpose The goal of the JCOOP is to ensure that essential juridical services are available to those who seek access to the court when a courthouse is unavailable or inoperable. Adjunct court services provided by executive branch personnel, including court clerks, court reporters, security personnel, etc. should be the subject of their respective COOPS. 1.3 Definitions CJ - The Chief Justice of the Supreme Court of Texas. CJA - The Chief Justice of any intermediate Appellate Court. COOP - The Continuity of Operations Plan is a plan for the executive, legislative and judicial branches of Texas state government to provide coordinated, state-wide essential services to its citizens in the event of an emergency. Disruption of court operations - The ceasing of normal court business because of a large scale emergency. Emergency - A disaster or unforeseen event that precludes a court from conducting business. Interim Ian Page Z of 13 Essential court personnel - The minimum amount of staff needed for justice administration in the event of disaster or emergency. JCOOP - The Judicial Continuity of Operations Plan is the plan for the state judicial branch of Texas government to provide essential court services to its citizens in the event of an emergency. LAJ - The Local Administrative Judge as defined in section 74.091 of the Texas Government Code. M.O.U. - Memorandum of Understanding between the Supreme Court of Texas and any county supporting the continuity of court operations of another county in the event of an emergency. (Appendix B - Form MOU attached) Necessary court proceedings - Judicial proceedings, which may require court action or issuance of an order, and must take place within a specific time period to ensure due process of law for all citizens. PJ - The Presiding Judge of an Administrative Region as described in Chapter 74 of the Texas Government Code. Supreme Court - Shall mean the Supreme Court of Texas. 1.4 Applicability and Scope This JCOOP, while voluntary in nature, applies to all members of the state judiciary - from trial to appellate courts. When a county LAJ or CJA determines that a disruptive event has occurred that will interfere with essential judicial services, the JCOOP shall be implemented immediately. At the CJA or the LAJ's discretion, the MOU shall be activated to ensure that essential court operations in a designated county can continue with minimal delay and interruption. During the period of disruption, the CJ of the Supreme Court of Texas and/or the PJ of the affected Administrative Region has the discretion to implement such MOUs as necessary to provide essential services to the citizens of the State of Texas. 1.5 How to Use this Plan This JCOOP is organized so as to provide notice to judges and officers of the court who wish to provide essential judicial services during periods of disruption. The Supreme Court and specific counties will implement the appropriate MOUs. 2.0 JCOOP Implementation To implement this JCOOP, judicial officers within an affected county who wish to provide essential judicial services during a period of disruption shall give such notice in writing. Once the CJ of the Texas Supreme Court or the PJ of the affected region receives such notice, the CJ or the PJ shall make a written designation that the assistance of a specific county is required to ensure the continued operation of the essential business of judges of a designated county. Interim Ian Page' 3 of 13 U7 Such written notice shall be by internet website and activated emergency e-mail addresses for the judges of the designated courts. Designation shall be made in accordance with the MOUs with the several specific counties. Once the MOU is implemented, the judges of the designated county shall conduct their essential operations in the specific county in accordance with the terms of the MOU. (See Appendix A for Communication Plan recommendations) 3.0 Planning Assumptions Regardless of the cause of the disruption, this JCOOP is designed to ensure that essential juridical services will be available to the citizens of the State of Texas as soon as possible. 3.1 JCOOP Plan Phases Phase I: This JCOOP shall be executed by activation of one or more MOUs in accordance with the discretionary decision of the elected local judges, the Chief Justice of the Supreme Court of Texas, the Chief Justice of any intermediate Appellate Court, and/or the Presiding Judge of an Administrative Region. Phase II: Once activated, subsequent alternate sites for essential operations may be required and activated at the discretion of the elected local judges, the CJ, CJA, and/or the PJ of an affected region. Phase III: Recovery and reconstitution of juridical services by the judge/judges of the designated county/counties shall proceed rapidly in accordance with recovery plans of the appropriate adjunct services which assist the judges in performance of juridical services. 4.0 JCOOP Elements 4.1 Alert and Notification Court officers shall receive notice by appropriate postings on the designated county's website. Notice should be sent to three e-mail addresses maintained for the subject judge/judges (e.g. hotmail, gmail, SBC, EarthLink, etc.) To avoid notification default because a service provider fails, judges should maintain three e-mail addresses. During periods of disruption, the subject judge may personally survey e-mail communications from parties seeking essential juridical services, or designate an adjunct service provider to maintain communication surveillance and report the needs of affected court officers to the judge. 4.2 Essential Juridical Functions Upon receiving a request of a court officer for access to juridical services, the subject judge shall address the necessary essential juridical functions. The subject judge shall provide the requested resources in the priority established at the judge's discretion or in the order in which the judge is notified of the request for juridical services. Inter' PI Page 4 of 13 4.3 Order of Succession Each judge shall respond to the instructions of the Supreme Court of Texas or the Presiding Judge of an Administrative Region. Such instructions may modify the order of succession as needed to provide essential juridical services. The Supreme Court or the PJ of the affected region shall give appropriate notice to the subject officer of the court seeking essential juridical functions. 4.4 Delegations of Authority Unless delegated to another entity or judge, all administrative authority shall remain with the Supreme Court or the PJ of the affected region. 4.5 Alternate Sites As deemed necessary by the implementing authority and/or the local elected judge, alternate court sites shall be identified in accordance with the terms of MOUs. 4.6 Communications Communications with a judge shall be maintained through the e-mail addresses published on the subject county website. 4.7 Devolution Whenever requested, each judge's essential juridical services shall devolve as directed to the Supreme Court of Texas or the Presiding Judge of an Administrative Region. 4.8 Recovery/Reconstitution Transition from designation status to pre-disruptive event status shall be in accordance with the MOU. The implementing entity shall direct resumption of normal services as it deems appropriate. 5.0 Specific Procedure 5.1 Delineations Within the framework of the plan, the necessity arises for specific instructions to be carried out in the event of an emergency. To simplify the process, emergency events have been categorized into with warning and without warning. 5.2 Immediate Actions This plan is designed to provide guidance in times of emergency; however, certain preparations must be made before an emergency exists. To fully maximize the potential of this interim plan parties should: 5.2.1 Review COOP for county and instruct staff to follow. Interim Plan Page'5 of 13 5.2.2 If no County COOP exists, provide leadership in creating COOP for County; or 5.2.3 Create JCOOP for court. 5.2.4 Discuss with staff regarding an offsite meeting place and obtain at least two contact numbers for each member of staff. 5.2.5 Get contact numbers for I.T. people to obtain access to court docket information. 5.2.6 Review MOU and determine best specific county if possible. 5.2.7 Become familiar with and bookmark the informational websites for Presiding Judge of the Administrative Region and the Supreme Court of Texas. (e.g. Obtain contact information for the PJ, including Blackberry numbers, etc.). 5.2.8 Provide PJ and Supreme Court with your contact numbers and websites. 5.2.9 Make sure that all judges in county have contact information for all other judges and essential staff. (e.g. telephone and e-mail). 5.2.10 Have contact numbers and alternate e-mails for all personnel both in designated county and several specific counties. 5.2.11 Review communication plan recommendations in Appendix A. 5.3 Procedure - Loss of Courthouse Without Warning 5.3.1 Notify the Supreme Court and/or the PJ of the loss of courthouse facilities. 5.3.1.1 Notification may be via personal contact, telephone, cell phone, pager, e-mail, radio and TV broadcasts, court emergency information line (e.g. 1-800-number) or any combination thereof. 5.3.2 Contact staff by any means listed above. (N.B. It is essential to have these numbers on and off site.) 5.3.3 Locate docket for the day and the week. 5.3.3.1. Review docket for essential hearings. (Essential hearings are defined at the local judge's discretion.) 5.3.4 Contact the LAJ, who, in turn, contacts the PJ with a Memorandum of Understanding (MOU) request. 5.3:4.1 In the event the judge is unable to contact LAJ, the judge should contact the PJ directly. 5.3.4.2 The judge should request activation of the MOU. Interi~}j P1P Page 6 of 13 5.3.5 The judge should instruct staff to provide the parties notice of the time and place essential hearings will be held. In the event staff cannot be located, the judge may rely on the terms of the MOU to have the staff provided by the specific county to give notice to the parties, as well as canceling the remaining docket. 5.3.6 If possible, locate the clerk and request the essential files. If clerk cannot be reached, or file cannot be located, acknowledge the court can work from attorney's files and accept any new filings on behalf of the clerk in a previously opened file. Any new files must be opened by the clerk of specific county. 5.3.7 Determine if a Visiting Judge is needed for hearing. Judges may: (1) Hear their own cases. (2) Request a Visiting Judge to hear cases. (N.B. An elected statutory county court judge cannot be assigned to hear an out of county case.) (3) Request the Elected Judge from the specific county to hear cases. (i.e. exchange of bench) (4) Determine if one Judge of designated county will hear all essential proceedings. (N.B. It is recommended one judge hear all essential cases.) 5.3.8 Review dockets as far out as expected recovery time. Provide necessary notice to insure due process and to disrupt cooperating county as little as possible. 5.4 Procedure - Loss of Courthouse With Warning 5.4.1 Notify the Supreme Court of Texas and/or the PJ of the anticipated loss of courthouse facilities. 5.4.3 Contact the LAJ about an MOU, determining which specific county the designated county is to use as an alternate site for court operations. If unable to contact LAJ, contact the PJ with request to activate the MOU. If unable to contact the PJ, contact the Supreme Court to request activation of the MOU. 5.4.4 The judge reviews the docket and cancels hearings except for essential hearings. 5.4.5 The judge contacts the specific county, confirms location of borrowed space as well as contact numbers for borrowed location. 5.4.6 Provide the parties with notice of new location and time by the most effective means available. (i.e. telephone, e-mail, hardcopy (mail) etc.) 5.4.7 Contact the clerk for files related to essential cases on docket. Notify where and when hearing is to be held. (N.B. The judge can accept filings in event of emergency.) Interim Plan Pabe Iof13 5.4.8 Determine if clerk will go to the specified county. Instruct coordinator and court reporter relative to hearing. (N.B. The form MOU does provide that the specified county will provide essential staff in addition to location and facilities.) 5.4.9 Determine if a Visiting Judge is needed for hearing. Judges may: (1) Hear their own cases. (2) Request a Visiting Judge to hear cases. (N.B. An elected statutory county court judge cannot be assigned to hear an out of county case.) (3) Request the Elected Judge from the specified county to hear essential proceedings (exchange of bench). (4) Determine if one Judge of designated county will hear all essential cases. Note: It is recommended one judge hear all essential cases. 5.4. 10 Review dockets as far out as expected recovery time. Provide notice to ensure due process and to disrupt specified county operations as little as possible. Interimr Plan j i (OJ Pa ~ to ge8o 3 APPENDIX A Communication Plan Recommendations During the last few major incidents that have affected the area, there have been some valuable lessons learned with regards to communications and the ability to effectively disseminate critical information to key management personnel. During these times the normal "land line" voice communication is often not available or is over utilized and not reliable, therefore a need exists for a secondary and possibly a tertiary method of communication. One of the more reliable methods is the use of mobile handheld data devices with voice capability. These devices allow the user many different communication options with the same device such as voice, e-mail, and text messaging. Our recommendation is the use of a Blackberry mobile device. Using Blackberry mobile devices can maintain communications in several different ways. First, you can use the handheld device to send and receive a-mails using the corporate messaging system. Second, you can send a standard text messages using the cellular service provider, possibly with an additional charge by the cellular service provider per text message sent and received. And finally, you can send text messages called PIN Messages using Research in Motion's (RIM) network at no additional fees from RIM or your cellular service provider. The Blackberry handheld can be utilized for e-mail messaging in one of two ways. You can utilize Blackberry Enterprise Server (BES), or you can use the Blackberry Desktop Manager. To use the Blackberry handheld devices to the fullest capability requires a BES server. When using the BES server you get the functionality of security and manageability, also when using the BES server you can maintain secured communications because all communications between the handheld device and the messaging server are encrypted. Additionally, you have the ability to encrypt the handheld's file system to prevent users from gaining access to locally stored data in the event of theft or loss. You have the ability to manage the handhelds individually or in groups through the BES server as well. You can wirelessly load software updates to the handhelds, change settings, and even completely wipe the file system in the event of theft or loss. To implement the BES server several things are needed; an IT professional with the ability to oversee and manage the BES application, a dedicated server, as well as additional licensing from Blackberry. If you do not have the resources to dedicate to the BES server you can use the Blackberry Desktop Manager software. This is software that the user will install on their workstation PC that will allow users to still be able to send and receive e-mail messages to and from their handheld devices. There is no additional licensing or hardware requirements when using the Blackberry Desktop Manager software. Interim Plan Page' 9 of 13 In the event that corporate e-mail systems are unavailable you can still maintain communication between users using text messaging provided by your cellular service provider. Again, keep in mind that the cellular service provider sometimes charges per text message sent and received. The ability to text message using your cellular provider could possibly be limited in the event of disaster. When a large percentage of users try to connect to their cellular service at the same time, the cellular service can be overwhelmed and a large number of subscribers will be unable to communicate using voice or text messaging. The final way of communication is exclusive to Blackberry handheld users and is one of the biggest advantages of using the Blackberry handhelds. Each Blackberry handheld that is produced is assigned a unique number called a Personal Identification Number (PIN). All Blackberry users can communicate with any other Blackberry user using this unique PIN. The messages that are sent to a PIN are routed only on Research in Motion's network and the cellular service provider is never needed during this type of communication. So, in the event of a disaster when the cellular provider's service is overwhelmed you can maintain contact using the Blackberry PIN messaging system. Also, there are no charges for any PIN messages sent or received. Please note, that in times of emergency this service could be disrupted if you are a Nextel user and their system is down. All major providers except Nextel provide for cell service roaming. Because of this limitation, Nextel users could experience interruptions in their service that others may not experience. This becomes critical in PIN messaging during a disaster scenario. Inte~lan ~ / CD Page 10 of 13 Appendix B MEMORANDUM OF UNDERSTANDING ` BETWEEN COUNTY AND THE SUPREME COURT OF TEXAS FOR SUPPORT OF CONTINUITY OF COURT OPERATIONS IN THE EVENT OF AN EMERGENCY ,41 This memorandum of understanding (MOU) is between i~ County and the Supreme Court of Texas. 1. PURPOSE AND SCOPE OF MOU The purpose of this MOU is to define the assistance and cooperation that County will to a county that is designated by the Supreme Court, the presiding judge of the v Administrative Judicial Region, the Chief Justice of any,Appellate Court or a Local Administrative Judge ("designated county") as requiring County's assistance in order to continue the operation of the courts of the designated cou i y. The Supreme Court's intent in executing this MOU is to provide a framework for the continuity of court operations in any Texas county that has experienced a disaster or unforeseen event that precludes a court from conducting business. This MOU is not limited to assistance to first tier or second tier coastal counties as defined by Sec. 2210.003, Texas Insurance Code. All counties agreeing to provide assistance under this agreement shall be entitled to receive assistance as described herein from all participating counties II. PROCEDURE AND ASSISTANCE In the event that the Supreme Court or the presiding judge of Ahe ,9'i-- G`' 'Administrative Judicial Region designate in writing that the assistance of - - ounty is required to ensure the continued operation of thq courts in a designated county, dr assistance is requested by any Local Administrative Judge x54 aunty agrees to provide the following to enable the Appellate, District, Statutory, and onstitutional County Courts of designated county to continue court operations: Interim lan 11 Page 11 of 13 A. adequate facilities for court sessions; B. adequate office space for judges and essential administrative staff, including essential county and district clerk staff; and C. adequate telecommunication and information management tools necessary for the judges and essential administrative staff to conduct court business. A County agrees to pro,,vv~ide assistance within 24 hours of notice of a designated county requiring its assistance el ----County agrees to provide assistance under this MOU without any further contractua r requirements for a period of up to seven working days. If it is anticipated that assistance will be required beyond seven working days, County and designated county will negotiate an interlocal agreement for the additional support. III. REIMBURSEMENT OF COSTS Designated county will be responsible for reimbursing o- kCounty for reasonable costs associated with the assistance provided. Costs will be limited to extraordinary expenses for County, such as supplies, equipment, personnel costs above normal salaries and benefits, security, and utilities. IV. TERM This contract is to begin upon the date of execution and shall terminate on , or until rescinded in writing, upon 15 days written notice, by either party. Supreme Court of Texas "A~- eC-Z y Wallace B. Jefferson Chief Justice Date: kU~f 1 Z~(~ By: Nan Title Date: Interi Plan Pa ~ • z.-of 13 County FFICE OF RISK MANAGEMENT 300 EAST 26TH STREET, SUITE 116G BRYAN, BRAZOS, TEXAS 77803 PHONE: 979 3614245 FAX: 979 3614680 E-MAIL: bjeanes@bco.brazos.tX.us September 30, 2008 Randy Sims. County Judge Lloyd Wassermann, Commissioner Pct. 1 Duane Peters, Commissioner Pct 2 Kenny Mallard, Commissioner Pct 3 Carey Cauley Jr., Commissioner Pct. 4 Reference: Renewal of Property and Casualty Insurance Brazos County Judge Randy Sims and Commissioners' Court The attached documents are for the renewal of the property and casualty Insurance for the year of October 01, 2008 thru October 01, 2009. 1 am recommending that each of the following policies be renew. 2007 / 2008 2007/ 2007/ 2008/ DEDUCTIBLE LIMITS REMARKS PROVIDER 2008 2008 2009 RATE PREMIUM PREMIUM PER $1000.00 Auto Liability Texas Association of Counties Auto Property Damage Texas Association General Liability Law Enforcement Liability Public Officials Error and Omissions Liability of Counties Texas Association of Counties Texas Association of Counties Texas Association of Counties 35,336.00 $43,336 $1,000.00 100/300/100 1. PIP added for 2008/2009 For an additional $2326 2. Limit of 1,000,000 or State limits in the state which the accident occurs 16,483.00 $18,900 $1,000.00 ACV Less Deductible 52,972.00 $50,233 $1,000.00 100/300/100 78,798.00 $76,115 67,789.00 $74,892 $25,000.00 $2,000,000.00 1. This is including District Judge endorsement for $2577 2. Changing Deducible to $10,000 would add $12,120 $10,000.00 $2,000,000.00 This is including the District Judge endorsement for $2253 $10,000.00 TIV - $96,132,232 Blanket Property Value) Property/Inland Great American $0.63 84,846.00 $80,541.00 Total 4/&,2 00 344,017.00 A.W. Bill Jeanes, Risk Manager Approved: Judge 1 Randy Sims, County I ~ 70 2008-2009 MEMORANDUM OF UNDERSTANDING FOR BRAZOS COUNTY JUVENILE SERVICES ACADEMY/JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM This Memorandum of Understanding (MOU) is entered into between the County of Brazos, the Brazos County Juvenile Board, hereinafter referred to as "BCJB," and each of the undersigned Independent School Districts whose students are subject to placement in the Brazos County Juvenile Services Academy/Juvenile Justice Alternative Education Program, hereinafter refereed to as the "Program," namely the Bryan Independent School District, hereinafter referred to as "BISD," College Station Independent School District, hereinafter referred to as "CSISD," and the Navasota Independent School District, hereinafter referred to as "NISD." BISD, CSISD and NISD will be collectively referred to as "participant school districts" or "participant ISDs." WHEREAS, the County of Brazos and each of the school districts are "local governments" and public education in the context contemplated herein is a "governmental function and service" as those terms are defined in the Interlocal Cooperation Act, hereinafter referred to as the "Act' 'codified as Chapter 791 of the Government Code of Texas; and, WHEREAS, the "Act" authorizes any local government to contract or agree with another local government in accordance with the "Act' 'to perform governmental functions and services that each party to the contract is authorized to perform individually; and, WHEREAS, the participant ISDs recognize that the Texas Legislature has appropriated certain funds to pay the County and BCJB for the cost of educating students in the JJAEP Program who are expelled under the provisions of Texas Education Code Sections 37.007 (a), (d), and e, and WHEREAS, the participant ISDs are required to consider course credit earned by a student while in the JJAEP Program as credit earned in a school district program pursuant to Texas Education Code §37.010(d), and the ISDs have an ongoing interest in the quality of education provided in the JJAEP Program and the academic success of students who will be returned from the JJAEP Program to the regular school setting, and WHEREAS, the relationship between the participants necessitates this Interlocal Agreement to set forth the duties and responsibilities of the BCJB and each participant school district to comply with the requirements of the TEx. EDUCATION CODE §37.011 (k), (1), and (m). NOW, THEREFORE, pursuant to the Interlocal Cooperation Act and the Texas Education Code, it is mutually agreed by, between and among the parties as follows: t I~ t1f 1. DEFINITIONS For purposes of this Agreement: 1.1 "discretionary expulsion" shall mean any student who is expelled under the provisions of Texas Education Code Sec. 37.007 (b), (c), or (f); 1.2 "mandatory expulsion" shall mean any student who is expelled pursuant to the provisions of Texas Education Code Sec. 37.007 (a), (d) or (e). 1.3 "non mandatory expulsion" shall mean any student who is required to attend the Program by other means, including as required by Court order(s). 1.4 "rollover funds" shall mean all funds paid by the participant ISDs to the BCJB for mandatory expulsion allotments remaining unexpended on September 30 each year. 1.5 "student" shall mean any person residing in Brazos County, or the Bryan, College Station or Navasota Independent School Districts, aged ten years or older and required to attend school pursuant to Texas Education Code § 25.085 2. PROGRAM GOALS The major goals for the Program in providing services for the students are: (1) to provide a continuum of educational services; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate by law; (4) to impress upon the expelled student that there are progressive sanctions for misconduct in the public school setting; (5) to provide educational and placement options for the Brazos County juvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. 3. STUDENT ELIGIBILTY, LENGTH OF STAY 3.01 Student Eligibility: A student expelled from a school district must meet the following requirements to be served in the Program. 2008-2009 Memorandum of Understanding Page 2 of 17 lq I U A. The student must have been expelled by the school district for a mandatory expulsion offense listed in TEx. EDUCATION CODE. 37.007 (a), (d), or (e). B. Each ISD shall use its best efforts to notify the appropriate local law enforcement agency and/or the juvenile court in writing as soon as practicable upon the ISD's identification of a student who the ISD reasonably believes has engaged in conduct for which the student will be subject to mandatory expulsion. Such notice may be given in addition to any notice required under Texas Family Code Sec. 52.041. If the juvenile court receives written notice under this section that a student is believed to have engaged in conduct for which the ISD reasonably believes the student will be subject to mandatory expulsion, and the student is under the jurisdiction of the juvenile court, the juvenile court shall consider entering an order that the student attend the JJAEP Program as soon as practicable, pending the outcome of any disciplinary proceedings at the ISD. C. An investigating law enforcement agency must have made a formal referral of the case to the juvenile court if the offender was at least ten years of age, but not yet seventeen years of age at the time of the offense; or, referred the case to the appropriate criminal prosecutors office if the offender was seventeen years of age or older at the time of the offense. D. The Program shall not accept mandatory students if the prescribed legal procedures have not been followed. E. The Program shall not accept discretionary expulsions. 3.02 Court Orders: The Brazos County Juvenile Court may place a student into the Program as a condition of court-ordered probation or court-ordered release. 3.03 Length of stay: It is the intent of the participant ISDs that, for each expelled student who is placed in the JJAEP Program, the term of such placement will be coterminous with the term of the student's expulsion from school. The ISDs agree to cooperate in a placement term of no less than one six week grading period, absent extenuating circumstances. Students must remain in the JJAEP Program for the full period ordered by the juvenile court unless the student's home school district agrees to accept the student before the date ordered by the juvenile court or the student is referred back to the ISD. A juvenile court shall consider the term of a student's expulsion in entering any order as to the student, including terms and conditions of release from custody, 2008-2009 Memorandum of Understanding Page 3 of 17 i►y ~~3 deferred prosecution, or probation. At the conclusion of the student's term of probation, or any other requirement imposed by the juvenile court, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department, and if the student meets the requirements for admission into the public schools established by law, the school district in which the student resides must readmit the student, but may assign such student to the school district alternative education program. 3.04 If the student's release date occurs during the week of state-mandated testing, the student must remain at the Program to complete tests. No student shall be released during the last week of the student's Home School District semester. 4. CURRICULUM CREDIT AND ACADEMIC TRANSITION 4.01 Each ISD shall notify the juvenile court in writing of its designated Liaison. Each Liaison shall have authority to offer recommendations to the juvenile court regarding placement alternatives for students under the jurisdiction of the juvenile court, and to bind the Liaison's respective ISD to any agreement to return a child to the school setting. The Liaison shall assist the juvenile court in obtaining the permission from the parent(s) of each student served by the JJAEP Program to release medical, educational or other appropriate records to the juvenile court and to the JJAEP Program. In the absence of such parental consent, the juvenile court may consider the need for a court order releasing such records, and the Liaison may provide the juvenile court with such other educational information regarding the child as may be permitted by law. 4.02 As required by Section 37.011 (d) of the Texas Education Code, the Program must provide a curriculum consisting of English language arts, science, mathematics, social studies, G.E.D preparation program, and self-discipline. The Program is not required to provide a course necessary to fulfill a student's high school graduation requirement. Courses must be consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined by Texas Education Code Section 28.002 (c). 4.03 As required by Section 37.011 (d) of the Texas Education Code, each school district shall consider course credit earned by a student attending the Program as a credit earned in a school district. 4.04 All general education course work for all Program students will be provided by BCJB. 2008-2009 Memorandum of Understanding Page 4 of 17 114 I-lq 4.05 The governing body of each participant ISD finds that in order to appropriately serve students receiving services under this Agreement, the sharing of information pertinent to the provision of education and rehabilitation services is essential and in the best interests of the students served. In the absence of parental consent, the juvenile court with jurisdiction over a student receiving educational services under this Agreement shall consider authorizing the entities providing services to such student to release appropriate juvenile, educational, diagnostic, treatment or other records as appropriate to permit the consistent provision of services to the student. 4.06 All student education records discussed or reviewed by any person specific to an individual student shall be considered confidential, and shall be shared only with the juvenile court, the student, the parent(s) or guardian(s) of the student, and those employees of the juvenile court, participant ISD, or JJAEP Program with a legitimate educational interest in the student. 4.07 To assure the student's academic transition into the Program, the student's school of current attendance, hereinafter referred to as "Home School District," Home School District shall, immediately upon notification that a student has been ordered or expelled into the Program, forward to the Program the following records: A. Student's current transcript; including all achievement test records. B. Student's current year report card. C. Withdrawal form containing all appropriate information. D. Student's Texas Assessment of Knowledge Skills (TAKS) summary. E. Student's Individual Educational Plan (IEP), Behavior Intervention Plan (BIP), and the most recent Admission Review Dismissal, hereinafter referred to as "ARD," documents; including minutes, if applicable. F. Student's behavioral manifestation determination, if applicable. G. Student's immunization records. H. Student's current discipline records. 1. Home language survey. J. Any other records that would normally be provided when a student transfers to any other school district. 4.08 The Home School District shall forward the above records within five (5) days of expulsion date or date of notification for non-mandatory court ordered placement. 4.09 The Program's educational program shall include a review process during which an 2008-2009 Memorandum of Understanding Page 5 of 17 114 _1_77_5 assigned administrator and/or teacher, within a reasonable time after admission to the Program, reviews each student's progress with the student's parent or guardian, and prepares an Academic Transition Plan. The plan shall be reviewed periodically and address the student's educational needs. 4.10 The Program's educational component shall include English as a second language, (ESL), and bi-lingual services for students identified with limited English proficiency. 4.11 The Home School District shall notify the Brazos County Juvenile Services Department in advance, and allow a representative of the Department and/or Program the opportunity to attend the (ARD) meeting. S. TRANSPORATION 5.01 The family members or guardian of any student assigned to the Program will be responsible for providing transportation to and from the Program campus each day. This family responsibility may be made part of the child's juvenile court disposition, and an appropriate order may be signed by the juvenile court judge. 5.02 Home School District shall provide transportation 'to and from the Program if the student has been deemed Special Education, and if transportation is stated as part of the student's Individual Education Plan, hereinafter "IEP." 6. RESPONSIBILITIES OF INDEPENDENT SCHOOL DISTRICTS 6.01 In accordance with Section 37.010 of the Texas Education Code, no later than the second business day after the date a hearing has been held under TEx. EDUCATION CODE §37.009 and a student has been placed under Expulsion that results in the student's required attendance in the Program, the school district's board of trustee's designee shall deliver a copy of the order expelling the student to the Chief Executive Officer and the program Superintendent of the Brazos County Juvenile Services Department. 6.02 In accordance with Section 37.010 (a) of the Texas Education Code, any student who is expelled from school, but is not being detained by the juvenile court in the Brazos County Juvenile Detention Center, or who is not receiving treatment under an order of the Brazos County Juvenile Court, must be enrolled in an educational program. 6.03 The Home School District shall allow the return of the student if any action listed 2008-2009 Memorandum of Understanding Page 6 of 17 ~a:11 below as A-C occurs. However, such school district retains the authority to determine if the student will be returned to his or her previously assigned campus, or assigned to a school district Alternative Education Program. A. A refusal by the District Attorney's Office to file a petition in juvenile court, B. A grand jury No Bills the case or C. A judge or jury finds the student "Not Guilty" 6.04 The Home School District shall maintain the student's enrollment, Public Education Information System records including proper reporting on the 425 disciplinary data action record. This duty hereunder excludes students that have been subject to mandatory expulsions. 6.07 Funding for a mandatory expulsion student's daily attendance is forwarded to the BCJB by the Texas Juvenile Probation Commission, hereinafter referred to as "TJPC." Such funding is terminated by TJPC when the following occurs: A. The date of completion(s) of the requirements of the juvenile court order or deferred prosecution agreements or B. The end of the expulsion term. 6.08 The Home School District shall remain the "local education agency". 6.09 The Home School District shall send a six week attendance report and amount of target revenue for those non-mandatory court ordered students assigned to the program. 7. PROVISION OF SPECIAL EDUCATION SERVICES 7.01 The Home School Districts shall be responsible for providing all Special Education Services required by the Texas Education Code to students attending the Program. 7.02 Students that have been identified as a qualified special education student, only after a duly constituted ARD, shall receive all services outlined in the Individual Education Plan and Behavior Intervention Plan. Each area shall be addressed. Both educational and non-educational services required to be provided that are not statutorily required to be provided by the Program must be provided by the Home School District including, but not limited to, ARDs, three year evaluation ARDs, any assessments and any counseling services. 2008-2009 Memorandum of Understanding Page 7 of 17 ~I~ f _/_1 7.03 If the Program determines that a student who has not been previously qualified as a special education student may be eligible for services, the Program shall refer the student to the Home School District for evaluation to determine if the student is qualified for special education services, in accordance with applicable state and federal statutes and regulations. 7.04 The Independent School Districts and the BOB shall comply with § 37.004 of the Texas Education Code as it relates to the operation of the Program. 7.05 The BOB shall be responsible for any services required to comply with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The participant ISD in which a student resides shall provide and fund related services specified in the Individualized Education Plan to eligible students under the Individuals with Disabilities Education Act. 7.06 Each participant ISD shall provide reasonable notice to the Superintendent of the JJAEP Program of the respective ISD's Admission, Review and Dismissal Committee ("ARD") meetings where placement in the JJAEP Program will be considered or when reviewing or modifying the program of a special education student in the JJAEP Program. The participant ISDs shall be responsible for scheduling and sending notices of ARD meetings during the period of expulsion, and for notifying JJAEP Program representatives of ARD meetings. 7.07 If, after placement of a non-mandatory expulsion student with disabilities in the JJAEP Program under this Agreement, the Superintendent of the JJAEP Program has concerns that the student's educational or behavioral needs cannot be met in the JJAEP Program, the administrator (or his/her designee) shall immediately provide written notice to the ISD from which the student was expelled. Upon receipt of such notice, the ISD shall convene an ARD committee meeting to reconsider the placement of the student in the program, giving reasonable advance notice to the administrator of the JJAEP Program. A representative of the JJAEP Program may participate in the ARD committee meeting to the extent that the meeting relates to the student's placement or continued placement in the JJAEP Program. 2008-2009 Memorandum of Understanding Page 8 of 17 8. EXPEDITED MAGISTRATE SYSTEM 8.01 The expeditious hearing of all cases related to the JJAEP Program by the juvenile court is crucial to the spirit and letter of the Texas Legislature's changes to the Education and the Juvenile Justice Codes. Accordingly, the following expedited judicial procedures shall be applied to those cases concerning students expelled from the school setting: A. The participant ISDs shall make their best efforts to conduct their expulsion hearings within a reasonable period of time after an offense is reported to the respective school Liaison. If the student is expelled, the ISD will send to the juvenile court, not later than the second working day after the expulsion hearing, the recommendations of the Liaison regarding placement of the student in either the JJAEP Program or a school district program. The Liaison will also forward such academic and behavioral records as it may have legal authority to share with the juvenile court, or in the absence of such authority, shall forward a written report to the juvenile court relating non-confidential information that is relevant to the educational placement of the student. B. Upon receipt of a referral or Preliminary Investigation Report on a student eligible for placement in the JJAEP Program, the District Attorney may review such referral or Preliminary Investigation Report and file a delinquency petition, if reasonable and/or appropriate, as expeditiously as possible after receipt of the Preliminary Investigation Report. 9. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE BOARD 9.01 The BCJB shall provide the facility; general maintenance utilities, telephone(s), internet access, furniture, including student tables, chairs, computer hardware and a copier for the operations of the Program. 9.02 The BCJB shall provide an on-site Probation Officer for case management and supervision of the students assigned to the Program and an Activities Instructor(s) to provide security, maintenance of student discipline and auxiliary services, including counseling, anger management, motivational and physical education classes. 2008-2009 Memorandum of Understanding Page 9 of 17 9.03 The BOB shall provide suitable teaching personnel for the delivery of educational services to the Program. 9.04 The BOB shall provide the Program Superintendent who shall provide the supervision of all county personnel assigned to the Program. 9.05 The BOB shall provide breakfast and lunch for each student each school day the child is in attendance. 9.06 The BOB shall be responsible for administration of the Iowa Test of Basic skills pre/post tests. 9.07 The BOB shall be responsible for reporting daily attendance to the TJPC. 9.08 The BCJB shall report daily attendance to the home school district at a site designated by the Home School District. 9.09 The BOB shall be responsible for administering the statewide assessment to those students attending the program. 9.10 The BCJB shall send a six week attendance report to the home school district. 10. FUNDING 10.01 The BCJB will provide the above-stated educational services for funds received from the Texas Education Agency based on each Independent School District's daily attendance rate, hereinafter referred to as "Target Revenue," for those students attending the Program as a non-mandatory court-ordered student. 10.02 The BCJB shall bill the Home School District at the conclusion of each six week period for monetary reimbursement based upon the daily attendance of the non- mandatory expulsion students assigned to the program. The Homes School District shall reimburse BOB the Target Revenue rate of pay for each non-mandatory court ordered student attending school at the Program. 10.03 Billing -Brazos County agrees to establish and coordinate billing arrangements with the ISDs with respect to the ISDs funding obligations, if any, to the JJAEP Program under this Agreement. 2008-2009 Memorandum of Understanding Page 10 of 17 ,4J uE 19 o 10.04 Upon invoice by the BOB, BISD, CSISD, NISD agree to reimburse the BOB no later than thirty (30) days after a six week period. 10.05 The BISD, CSISD, NISD agree to reimburse the BOB the student's Target Revenue on a daily basis (this does not include those students expelled under Texas Education Code §§37.007 (a), (d) or (e)). 10..06 The Brazos County Commissioners Court, Brazos County Juvenile Services Department, BCJB, the Program or any other entity of Brazos County shall not be responsible for providing any form of financial support to the BISD, CSISD or NISD for any services rendered. 10.07 The BCJB shall be awarded, by the TJPC, the daily attendance from funding for students attending the program as a result of mandatory expulsion. 10.08 Funding for a Mandatory Expulsion student's daily attendance is forwarded to the BOB by the Texas Juvenile Probation Commission. Such funding is terminated by TJPC as soon as the student meets eligibility for return to their Home School District. 10.09 An Independent School District shall not receive funds from the Texas Education Agency for students enrolled in the Program as a result of mandatory expulsion. 10.10 The party at fault, either BCJB or any Independent School District agree to reimburse the other party if errors are discovered resulting in inaccurate payment or reimbursement regardless of the time of the audit. 10..11 BOB and the Independent School Districts agree that, if determined at fault during a Texas Education Agency audit, or any other audits performed by a governmental entity, the party at fault shall be responsible for providing any required reimbursements. 11. INDEMNITY 11.01 To the extent permitted by the Texas Constitution and other applicable law, but without waiver or expansion of any immunity from liability or limits to exposure established by the Texas Tort Claims Act, each party to this MOU will indemnify and hold harmless the other party or parties and their respective officers, employees and 2008-2009 Memorandum of Understanding Page 11 of 17 agents from and against any and all claims proximately caused by negligence, breach or other act or omission caused by the indemnifying party or its respective officers, employees or agents. 12. MISCELLANEOUS 12.01 Consistent with the Texas Education Code and the Texas Family Code Title 3 Juvenile Justice Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. 12.02 In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court and employees of the Brazos County Juvenile Services Department shall be immune from liability to the same extent as each ISD, its employees, officers and agents may be immune from liability. 12.03 If any provisions, sections, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision hereof will remain in full force and effect. 12.04 This MOU, contains the entire agreement between parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agents of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. 12.05 The individuals executing this MOU on behalf of his or her respective party represent to the other that all appropriate and necessary actions have been taken to authorize the individual who is executing this MOU that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement by such Party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized, and that such signed agreement is valid and effective on the date stated herein. 12.06 The death or attempted suicide of a student occurring at the Program must be reported to the Brazos County Sheriff"s Office, the Brazos County Juvenile Board and the student's parent(s) or legal guardian(s) as soon as practicable. A written report must also be submitted to the TJPC within twenty-four (24) hours after such event. 2008-2009 Memorandum of Understanding Page 12 of 17 12.07 Any allegations of abuse or neglect of a student assigned to the Program must be documented and reported pursuant to the timelines stated in Chapter 348 of the Texas Administrative Code governing the JJAEP program to the applicable ISD Superintendent and the Brazos County Sheriff's Office for investigation, as required by Chapter 261, of the Texas Family Code. Further, a written report must be submitted to the Texas Juvenile Probation Commission within twenty-four (24) hours of such incident. 13. TERMS OF THIS MEMORANDUM OF UNDERSTANDING 13.01 The term of this MOU shall be effective from August 25, 2008 through August 2, 2009. 13.02 Renewal of this agreement will be made on a year-to-year basis by mutual written consent of the Parties. 13.03 This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. 13.04 Legal Requirements - The Participants agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing the juvenile justice programs applicable to school districts and/or county juvenile probation departments. In the event that any of the participant ISDs hereto are required by law or regulation to perform any act inconsistent with this Agreement, or to cease performing any act required by this Agreement, this Agreement shall be deemed to have been modified to conform to the requirements of such law or regulation. 13.05 Notice - Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service, to the following address or telecopy number: 2008-2009 Memorandum of Understanding Page 13 of 17 11q 1 k'3 Bryan Independent School District Mike Cargill, Superintendent of Schools Travis Education Support Center 101 North Texas Avenue Bryan, TX 77803 Tel: (979) 209-1000 Fax: (979) 209-1050 e-mail: meargill@bKyanisd.org College Station Independent School District: Dr. Eddie Coulson, Superintendent of Schools College Station Independent School District 1812 Welsh College Station, Texas 77840 Tel: (979) 764-5400 Fax: e-mail: ecoulson@csisd.org Navasota Independent School District: Jennings Teel, Superintendent of Schools Navasota Independent School District 705 E Washington Avenue Navasota, Texas 77868-3005 Tel: (936) 825-4200 Fax: (936) 825-4297 e-mail: teelj@echalk.navasotaisd.org Brazos County Juvenile Board: Honorable Randy Sims, Brazos County Judge Chair, Brazos County Juvenile Board 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Tel: (979) 361-4102 Fax: (979) 361-4503 with a copy to the Brazos County Attorney-Civil Division: 2008-2009 Memorandum of Understanding Page 14 of 17 Honorable Rod Anderson, Brazos County Attorney Attention Civil Division/Tina Snelling 300 East 26th Street, Suite 325 Bryan, Texas 77803-5361 Tel: (979) 361-4306 Fax: (979) 361-4503 Any party may designate a different agent or address for notice purposes by giving the other Participants ten (10) days written notice in the manner provided above. 13.06 Amendments - If changed conditions are encountered during the term of this Agreement, the Agreement may be supplemented or amended under terms and conditions mutually agreeable to the Participants, provided that all such changes, amendments, supplements or modifications shall be in writing. 13.07 Integration Clause - This Agreement, including schedules and attachments, contains the entire agreement of the Participants, and it may not be modified in any manner without the express written consent of the Participants. No other agreement, statement, or promise made by or to any party, or made by or to any employee, officer, or agent of any party, that is not contained in this Agreement shall be of any force or effect. It is acknowledged by the Participants that no officer, agent, employee or representative of Brazos County has any authority to change or amend the terms of this Agreement or any attachments to it or to waive any breach of this Agreement unless expressly granted that authority by the Brazos County Commissioners Court. 13.08 Partial Invalidity - If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated, unless such holding causes the obligations of the Participants hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Participants hereto. 13.09 Non-assignability - No assignment of this Agreement or of any duty or obligation of performance hereunder, shall be made in whole or in part by any Participant without the prior written consent of the other Participants hereto. 2008-2009 Memorandum of Understanding Page 15 of 17 III ig5 13.10 Waiver -No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. 13.11 Immunity - Neither Brazos County, the BCJB, nor the participant ISDs waive or relinquish any immunity or defense on behalf of themselves, their trustees, commissioners, offices, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. 13.12 Available Funds - The Participants to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available finds for the current fiscal year of each such entity. 13.13 Open Meetings - The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. 13.14 Mediation - Any dispute arising under this Agreement may be submitted, upon agreement of the Participants, to non-binding mediation. When mediation is acceptable to the participants in resolving any dispute rising under this Agreement, the Participants agree to use the Dispute Resolution Center of Brazos County Austin or any other mediator as shall be mutually agreed upon by the Participants, to provide mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless the Participants are satisfied with the result of the mediation, the mediation will not constitute a final binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless the Participants agree, in writing, to waive the confidentiality. 2008-2009 Memorandum of Understanding Page 16 of 17 IN WITNESS THEREOF, the undersigned Participants acting under the authority of their respective governing boards have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original, all as of the day and year above first written, which is the date of this Agreement. EXECUTED this the 3o day of '2008. Randy Si s, County Judge Cha' an, Brazos County Juvenile Board i aq6'-V'- Eddie Coulson, Superintendent College Station Independent School District ol~ ing eel, Superintendent Navasota Independent School District Mike Cargill, Superintendent Bryan Independent School District 2008-2009 Memorandum of Understanding Page 17 of 17 Date 1 Date Z7- ate' Date :~1-12101 Date llq IV THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ARRJBC"), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTOR on a space available basis. CCJD/ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTOR forty-eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of Ninety ($90.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ARRJBC monthly invoicing. Payment shall be made to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 5. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (1) Two copies of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 6. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 7. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 8. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 9. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ARRJBC providing the information or records to CONTRACTOR. 10. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 11. CCJD/ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 12. CCJD/ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youth's name; the program to which the youth was admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 11q 189 13. CCJD/ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 14. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 15. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS' provision of services. 16. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 17. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 18. If a youth makes an unauthorized departure from CCJD/ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 19. The term of this Contract shall commence on September 1, 2008 and shall end on August 31, 2009. 20. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 21. If CCJD/ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD/ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or under this contract. 22. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 23. This Contract shall be construed under the laws of the State of Texas, and is performable in .v Cameron County Texas. 24. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 25. At the end of the contract term or other contract termination or cancellation, CCJD/ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY--Services shall be provided by CCJD/ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 2. AMERICANS WITH DISABILITIES ACT--CCJD/ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Tuvenile Probation Department and to the Office of the COUntdge shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Chie Juvenile Probation Officer, Douglas Vance and to 200 South Texas Avenue Suite 332, Bryan, Texas 77803 to the Honorable fudge Randy Sims. All notices to Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P. O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ARRJBC may other wise designate. y4 jq~ EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the 3 : day of 2008. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: BY: DOUGLAS V _ CE Director/Chief Juvenile Probation Officer BY: Civil Division, Brazos County CAMERON COUNTY JUVENILE PROBATION DEPARTMENT BY: TOMMY RAMIREZ, JR. Chief Executive Officer BY: HON. JANET LEAL Juvenile Board Chairperson CONTRACT FOR RESIDENTIAL SERVICES 90 DAY SHORT TERM PROGRAM PAM (PRIDE- ATTITUDE- MOTIVATION) BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT FY-2009 THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ARRJBC"), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTOR on a space available basis. CCJD/ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTOR forty-eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of Ninety ($90.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ARRJBC monthly invoicing. Payment shall be made to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 [q,5 i _ 14-, , " , 5. Length of stay would be a minimum of 90 day PAM (Pride- Attitude- Motivation) for short term placement. 6. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (1) Two copies of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 7. Transportation to placement: The CCJD/ARRJBC shall provide transportation to and from placing CONTRACTOR's facility to ARRJBC. Times and dates will coordinated by both agencies. 8. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 9. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 10. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 11. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ARRJBC providing the information or records to CONTRACTOR. 12. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 13. CCJD/ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 14. CCJD/ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youth's name; the program to which the youth was admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 15. CCJD/ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 16. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 17. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS' provision of services. 18. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 19. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 20. If a youth makes an unauthorized departure from CCJD/ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 21. The term of this Contract shall commence on September 1, 2008 and shall end on August 31, 2009. 22. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 23. CCJD/ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD/ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or 4 under this contract. 24. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 25. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 26. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 27. At the end of the contract term or other contract termination or cancellation, CCJD/ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY--Services shall be provided by CCJD/ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. I rq f9% 2. AMERICANS WITH DISABILITIES ACT--CCJD/ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Tuvenile Probation Department and to the Office of the County Judge shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Chie juvenile Probation Officer, Douglas Vance and to 200 South Texas Avenue Suite 332, Bryan, Texas 77803 to the Honorable Tutee Randy Sims. All notices to Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P. O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ARRJBC may other wise designate. It~:~I I~ I I T 4 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the day of 2008. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: BY: DOUGL VANCE HON. Y SIMS Director/Chief Juvenile Probation Officer County nudge BY: Civil Division, Brazos County CAMERON COUNTY JUVENILE PROBATION DEPARTMENT BY: TOMMY RAMIREZ, JR. Chief Executive Officer BY: HON. JANET LEAL Juvenile Board Chairperson 773 FY 2008 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: ( Q ( Reporting Period: Q nS l1Jll Y1~VrA1i'1S~O~~i° IC1.2 (local fiscal year) Agency Mailing example: Address: S I ~~CaS Itl)~ ~S TX -11FOS q-( -D_J 'F OP) 01/01/08 to 12/31/08, 09/01/07 to 08/31/08 etc. Phone Number: giC1. "(j ) , q-1 County: 'E) rQ7P_ S NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. 1. Beginning Balance A) Forfeited Funds $ OCL~ lV I 1-10 INSTRUCTIONS: Include total amount of forfeited funds on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. B) Seized Funds $ - 0_ INSTRUCTIONS: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. DO not include funds that are in an account held by another agency, e.g., the District Attorney's account. II. Seizures and Forfeiture Receipts during Reporting Period A) Currency and Negotiable Instruments 1) Amount Seized by Reporting Agency $ - INSTRUCTIONS: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency. 2) Amount Forfeited to and Received by Reporting Agency (including interest) $ ' G INSTRUCTIONS: Do not include amounts forfeited but not yet received by your agency; Interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. 3) Amount Returned to Defendants $ ' l J 7j rJ . i B) Other Property List the number of items seized for the following categories. Include only those seizures where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by the agency filing this report. If property is sold or is to be sold, list under "Proceeds Received by Reporting Agency from Sale of Above-Listed Property" (see below) in the reporting year in which the proceeds are received. Form date 04/8/08 Page 1 II`~ ab( Please note - this should be a number not a currency amount. SEIZED FORFEITED TO PUT INTO USE BY Example 4 cars seized, 3 cars forfeited and 0 cars put into AGENCY AGENCY use. 1) MOTOR VEHICLES (Include cars, motorcycles; tractor trailers, etc.) - - 2) REAL PROPERTY (Count each parcel seized as one item) - - - - 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as one item) - . 4) FIREARMS (Include only firearms seized for forfeiture under osed under Chapter not include wea ons dis Ch t 59 D p p ap er . o - 18.) 5) Other Property: Description: p - ' Other Property: Description: - Other Property: D i i - - escr pt on: III. Proceeds Received by Reporting Agency from Sale of Above-Listed Property (Categories 1 through 5) $ - INSTRUCTIONS: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. IV. Forfeited Property and Proceeds Received From Another Agency INSTRUCTIONS; Enter the total dollar amount or total number of items received pursuant to a sharing agreement where the forfeiture judgment awarded ownership of the property to another agency prior to it being transferred to your agency. A. Proceeds - (should be a dollar amount) - B. Vehicles.- (should be a number not a currency amount) -0- C. Other - (should be a number not a currency amount) - V. Interest Earned on Forfeited Funds During Reporting Period $ (~jo INSTRUCTIONS: Include only the amount of interest earned on forfeited funds or interest earned on funds derived from the sale of forfeited property. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. Form dace 04/8/08 Page 2 } VII. Expenditures INSTRUCTIONS: List the total amount expended for each of the following categories. This category is ONLY for expenditures made from Chapter 59 funds. If proceeds are expended for a category not listed, state the amount and nature of the expenditure under the "Other" category. Salaries Overtime Equipment (includes vehicles, computers & software, maintenance costs, etc.) Supplies (includes cellular air time, miscellaneous commodities) Travel Training . Paid to or Shared with Cooperating Agency Confidential Informant Payments Prevention / Treatment Programs Facility Costs (building purchase, lease payments, remodeling, maintenance fees etc.)....... Miscellaneous Fees (bank account service charges, insurance, audit fees, witness fees etc.). Other: (attach additional sheets if necessary) Description: $ Description: $ Description: $ TOTAL EXPENDITURES:........... COUNTY JUDGE, MAYOR OR OTHER APPROPRIATE HEAD OF GOVERNING BODY OR DESIGNEE: TITLE: SIGNATURE: DATE: RETURN COMPLETED FORM TO: renee.erayaoag.state. tx.us (512)305-8882 Form date 0418/08 $ - 333 , $ - p- $ $ -C) - $ -0- $ $ -Q- $ O_ Other Total $ - (7 - Office of the Attorney General Criminal Prosecutions Division, ATTN: Kent Richardson P.O. Box 12548 Austin, TX 78711-2548 kent.richardsonCooag.state. tx.us (512)936-1348 FAX (512)494-8283 Page 3 CERTIFICATION BRAZOS COUNTY, TEXAS FISCAL YEAR 2009 APPROVED SALARY SCHEDULE (261 WORKING DAYS) APPROVED 5.5% INCREASE ACROSS THE BOARD STEP GROUP STEP 1 2 3 4 5 6 1 7.26 7.63 8.02 8.43 8.86 9.31 ANNUAL 2088 15,158.88 15,931.44 16,745.76 17,601.84 18,499.68 19,439.28 ANNUAL 2192.4 15,916.82 16,728.01 17,583.05 18,481.93 19,424.66 20,411.24 ANNUAL 1044) 7,579.44 7,965.72 8,372.88 8,800.92 9,249.84 9,719.64 2 7.44 7.82 8.22 8.64 9.08 9.54 ANNUAL 2088 15,534.72 16,328.16 17,163.36 18,040.32 18,959.04 19,919.52 ANNUAL 2192.4 16,311.46 17,144.57 18,021.53 18,942.34 19,906.99 20,915.50 ANNUAL 1044 7,767.36 8,164.08 8,581.68 9,020.16 9,479.52 9,959.76 3 7.63 8.02 8.43 8.86 9.31 9.78 ANNUAL 2088 15,931.44 16,745.76 17,601.84 18,499.68 19,439.28 20,420.64 ANNUAL 2192.4 16,728.01 17,583.05 18,481.93 19,424.66 20,411.24 21,441.67 ANNUAL 1044) 7,965.72 8,372.88 8,800.92 9,249.84 9,719.64 10,210.32 4 7.82 8.22 8.64 9.08 9.54 10.02 ANNUAL 2088 16,328.16 17,163.36 18,040.32 18,959.04 19,919.52 20,921.76 ANNUAL 2192.4 17,144.57 18,021.53 18,942.34 19,906.99 20,915.50 21,967.85 ANNUAL 1044 8,164.08 8,581.68 9,020.16 9.479.52 9,959.76 10,460.88 5 8.02 8.43 8.86 9.31 9.78 10.27 ANNUAL 2088 16,745.76 17,601.84 18,499.68 19,439.28 20,420.64 21,443.76 ANNUAL 2192.4 17,583.05 18,481.93 19,424.66 20,411.24 21,441.67 22,515.95 ANNUAL 1044) 8,372.88 8,800.92 9,249.84 9,719.64 10,210.32 10,721.68 6 8.22 8.64 9.08 9.54 10.02 10.53 ANNUAL 2088 17,163.36 18,040.32 18,959.04 19,919.52 20,921.76 21,986.64 ANNUAL 2192.4 18,021.53 18,942.34 19,906.99 20,915.50 21,967.85 23,085.97 ANNUAL (1044 8,581.68 9,020.16 9,479.52 9,959.76 10,460.88 10,993.32 7 8.43 8.86 9.31 9.78 10.27 10.79 ANNUAL 2088 17,601.84 18,499.68 19,439.28 20,420.64 21,443.76 22,529.52 ANNUAL 2192.4 18,481.93 19,424.66 20,411.24 21,441.67 22,515.95 23,656.00 ANNUAL 1044 8,800.92 9,249.84 9,719.64 10,210.32 10,721.88 11,264.76 8 8.64 9.08 9.54 10.02 10.53 11.06 ANNUAL 2088 18,040.32 18,959.04 19,919.52 20,921.76 21,986.64 23,093.28 ANNUAL 2192.4 18,942.34 19,906.99 20,915.50 21,967.85 23,085.97 24,247.94 ANNUAL 1044) 9.020.16 9,479.52 9,959.76 10,460.88 10,993.32 11,54664 9 8.86 9.31 9.78 10.27 10.79 11.34 ANNUAL 2088 18,499.68 19,439.28 20,420.64 21,443.76 22,529.52 23,677.92 ANNUAL 2192.4 19,424.66 20,411.24 21,441.67 22,515.95 23,656.00 24,861.82 ANNUAL 1044 9,249.84 9,719.64 10,210.32 10,721.88 11,264.76 11,838.96 10 9.08 9.54 10.02 10.53 11.06 11.62 ANNUAL 2088 18,959.04 19,919,52 20,921.76 21,986.64 23,093.28 24,262.56 ANNUAL 2192.4 19,906.99 20,915.50 21,967.85 23,085.97 24,247.94 25,475.69 ANNUAL 1044 9,479.52 9,959.76 10,460.88 10,99332 11,546.64 12,131.28 11 9.31 9.78 10.27 10.79 11.34 11.91 ANNUAL 2088 19,439.28 20,420.64 21,443.76 22,529.52 23,677.92 24,868.08 ANNUAL 2192.4 20,411.24 21,441.67 22,515.95 23,656.00 24,861.82 26,111.48 ANNUAL 1044 9,719.64 10,210.32 10,721.88 11,264.76 11,838.96 12,434.04 12 9.54 10.02 10.53 11.06 11.62 12.21 ANNUAL 2088 19,919.52 20,921.76 21,986.64 23,093.28 24,262.56 25,494.48 ANNUAL 2192.4 20,915.50 21,967.85 23,085.97 24,247.94 25,475.69 26,769.20 ANNUAL 1044 9.959.76 10,460.88 10,993.32 11,546.64 12,131.28 12,747.24 13 9.78 10.27 10.79 11.34 11.91 12.52 ANNUAL 2088 20,420.64 21,443.76 22,529.52 23,677.92 24,868.08 26,141.76 ANNUAL 2192.4 21,441.67 22,515.95 23,656.00 24,861.82 26,111.48 27,448.85 ANNUAL (1044 10,210.32 10,721.88 11,264.76 11,838.96 12,434.04 13,070.88 14 10.02 10.53 11.06 11.62 12.21 12.83 ANNUAL 2088 20,921.76 21,986.64 23,093.28 24,262.56 25,494.48 26,789.04 ANNUAL 2192.4 21,967.85 23,085.97 24,247.94 25,475.69 26,769.20 28,128.49 ANNUAL 1044 10,460.88 10,993.32 11,546.64 12,131.28 12,747.24 13,394.52 15 10.27 10.79 11.34 11.91 12.52 13.15 ANNUAL 2088 21,443.76 22,529.52 23,677.92 24,868.08 26,141.76 27,457.20 ANNUAL 2192.4 22,515.95 23,656.00 24,861.82 26,111.48 27,448.85 28,830.06 ANNUAL (1044) 1 10,721.88 11,264.76 11,838.96 12,434.04 13,070.88 13,728.60 10/7/2008 4:48 PM BRAZOS COUNTY, TEXAS FISCAL YEAR 2009 APPROVED SALARY SCHEDULE (261 WORKING DAYS) APPROVED 5.5% INCREASE ACROSS THE BOARD 7 8 9 10 11 12 13 14 15 9.78 10.27 10,79 11.34 11.91 12.52 13.15 13.82 14.52 20,420.64 21,443.76 22,529.52 23,677.92 24,868.08 26,141.76 27,457.20 28,856.16 30,317.76 21,441.67 22,515.95 23,656.00 24,861.82 26,111.48 27,448.85 28,830.06 30,298.97 31,833.65 10,210.32 10,721.88 11,264.76 11,838.96 12,434 04 13,070.88 13,728.60 14,428.08 15,158.68 10.02 10.53 11.06 11.62 12.21 12.83 13.48 14.17 14.88 20,921.76 21,986.64 23,093.28 24,262.56 25,494.48 26,789.04 28,146.24 29,586.96 31,069.44 21,967.85 23,085.97 24,247.94 25,475.69 26,769.20 28,128.49 29,553.55 31,066.31 32,622.91 10,460.68 10,993.32 11,546.64 12,131.28 12,747.24 13,394.52 14,073.12 14,793.48 15.534.72 10.27 10.79 11.34 11.91 12.52 13.15 13.82 14.52 15.25 21,443.76 22,529.52 23,677.92 24,868.08 26,141.76 27,457.20 28,856.16 30,317.76 31,842.00 22,515.95 23,656.00 24,661.82 26,111.48 27,448.85 28,830.06 30,298.97 31,833.65 33,434.10 10, 721.88 11.264.76 11.838.96 12,434.04 13,070.88 13,728.60 14,428.08 15,158.88 15,921.00 10.53 11.06 11.62 12.21 12.83 13.48 14.17 14.88 15.63 21,986.64 23,093.28 24,262.56 25,494.48 26,789.04 28,146.24 29,586.96 31,069.44 32,635.44 23,085.97 24,247.94 25,475.69 26,769.20 28,128.49 29,553.55 31,066.31 32,622.91 34,267.21 10,993.32 11,546.64 12,131.28 12,747.24 13,394.52 14,073.12 14, 793.48 15,53432 16,317.72 10.79 11.34 11.91 12.52 13.15 13.82 14.52 15.25 16.02 22,529.52 23,677.92 24,868.08 26,141.76 27,457.20 28,856.16 30,317.76 31,842.00 33,449.76 23,656.00 24,861.82 26,111.48 27,448.85 28,830.06 30,298.97 31,833.65 33,434.10 35,122.25 11,264.76 11,838.96 12.434.04 13,070.88 13,728.60 14,428.08 15,158.88 15,921.00 16,724.88 11.06 11.62 12.21 12.83 13.48 14.17 14.88 15.63 16.42 23,093.28 24,262.56 25,494.48 26,789.04 28,146.24 29,586.96 31,069.44 32,635.44 34,284.96 24,247.94 25,475.69 26,769.20 28,128.49 29,553.55 31,066.31 32,622.91 34,267.21 35,999.21 11,546.64 12,131.28 12,747.24 13,394.52 14,073.12 14.793.48 15,53432 16,317.72 17,142.48 11.34 11.91 12.52 13.15 13.82 14.52 15.25 16.02 16.83 23,677.92 24,868.08 26,141.76 27,457.20 28,856.16 30,317.76 31,842.00 33,449.76 35,141.04 24,861.82 26,111.48 27,448.85 28,830.06 30,298.97 31,833.65 33,434.10 35,122.25 36,898.09 11.838.96 12.434.04 13,070.88 13,728.60 14,428.08 15,158.88 15,921.00 16,724.88 17,570.52 11.62 12.21 12.83 13.48 14.17 14.88 15.63 16.42 17.25 24,262.56 25,494.48 26,789.04 28,146.24 29,586.96 31,069.44 32,635.44 34,284.96 36,018.00 25,475.69 26,769.20 28,128.49 29,553.55 31,066.31 32,622.91 34,267.21 35,999.21 37,818.90 12,131.28 12,747.24 13,394.52 14 n73 12 14,793.48 15,534.72 16,317.72 17,142.48 18.009.00 11.91 12.52 13.15 13.82 14.52 15.25 16.02 16.83 17.68 24,868.08 26,141.76 27,457.20 28,856.16 30,317.76 31,842.00 33,449.76 35,141.04 36,915.84 26,111.48 27,448.85 28,830.06 30,298.97 31,833.65 33,434.10 35,122.25 36,898.09 38,761.63 12,434.04 13,070 88 13,728 60 14.428.08 15,158.88 15,921.00 16,724.88 17.570.52 18,457.92 12.21 12.83 13.48 14.17 14.88 15.63 16.42 17.25 18.12 25,494.48 26,789.04 28,146.24 29,586.96 31,069.44 32,635.44 34,284.96 36,018.00 37,834.56 26,769.20 28,128.49 29,553.55 31,066.31 32,622.91 34,267.21 35,999.21 37,818.90 39,726.29 12,747.24 13,394.52 14, 073.12 14,793.48 15,534.72 16,317.72 17,142.48 18,009.00 18,917.28 12.52 13.15 13.82 14.52 15.25 16.02 16.83 17.68 18.57 26,141.76 27,457.20 28,856.16 30,317.76 31,842.00 33,449.76 35,141.04 36,915.84 38,774.16 27,448.85 28,830.06 30,298.97 31,833.65 33,434.10 35,122.25 36,898.09 38,761.63 40,712.87 13,070.88 13,728.60 14,428.08 15,158.88 15,921.00 16,724.88 17,570.52 18,457.92 19,387.08 12.83 13.48 14.17 14.88 15.63 16.42 17.25 18.12 19.03 26,789.04 28,146.24 29,586.96 31,069.44 32,635.44 34,284.96 36,018.00 37,834.56 39,734.64 28,128.49 29,553.55 31,066.31 32,622.91 34,267.21 35,999.21 37,818.90 39,726.29 41,721.37 13.394.52 14,073.12 14.793.48 15.534.72 16, 317.72 17,142.48 18, 009.00 18, 917.28 19, 667.32 13.15 13.82 14.52 15.25 16.02 16.83 17.68 18.57 19.51 27,457.20 28,856.16 30,317.76 31,842.00 33,449.76 35,141.04 36,915.84 38,774.16 40,736.88 28,830.06 30,298.97 31,833.65 33,434.10 35,122.25 36,898.09 38,761.63 40,712.87 42,773.72 13.728.60 14,428.08 15,158.68 15,921.00 16,724.88 17,570.52 18,457.92 19,387.08 20,368.44 13.48 14.17 14.88 15.63 16.42 17.25 1812 19.03 20.00 28,146.24 29,586.96 31,069.44 32,635.44 34,284.96 36,018.00 37,834.56 39,734.64 41,760.00 29,553.55 31,066.31 32,622.91 34,267.21 35,999.21 37,818.90 39,726.29 41,721.37 43,848.00 14,073.12 14,793.48 15,534.72 16,317.72 17,142.48 18,009.00 18,917.28 19.867.32 20.880.00 13.82 14.52 15.25 16.02 16.83 17.68 18.57 19.51 20.50 28,856.16 30,317.76 31,842.00 33,449.76 35,141.04 36,915.84 38,774.16 40,736.88 42,804.00 30,298.97 31,833.65 33,434.10 35,122.25 36,898.09 38,761.63 40,712.87 42,773.72 44,944.20 14,428.08 15,158.88 15,921.00 16,724.88 17,570.52 18,457.92 19,387.08 20,368.44 21,402.00 I q a ~s 10!7/2008 4:48 PM BRAZOS COUNTY, TEXAS FISCAL YEAR 2009 APPROVED SALARY SCHEDULE (261 WORKING DAYS) APPROVED 5.5% INCREASE ACROSS THE BOARD c=0 i STEP - - 16 17 18 19 20 21 22 1 15.25 16.02 16.83 17.68 18.57 19.51 20.50 ANNUAL 2088 31,842.00 33,449.76 35,141.04 36,915.84 38,774.16 40,736.88 42,804.00 ANNUAL 2192.4 33,434.10 35,122.25 36,898.09 38,761.63 40,712.87 42,773.72 44,944.20 ANNUAL 1044 15,921.00 16,724.88 17,570.52 18,457.92 19,387.08 20,368.44 21.402.00 2 15.63 16.42 17.25 18.12 19.03 20.00 21.01 ANNUAL 2088 32,635.44 34,284.96 36,018.00 37,834.56 39,734.64 41,760.00 43,868.88 ANNUAL 2192.4 34,267.21 35,999.21 37,818.90 39,726.29 41,721.37 43,848.00 46,062.32 ANNUAL 1044 16,317.72 17,142.48 18,009.00 18,91718 19,867.32 20,680.00 21.934.44 3 16.02 16.83 17.68 18.57 19.51 20.50 21.54 ANNUAL 2088 33,449.76 35,141.04 36,915.84 38,774.16 40,736.88 42,804.00 44,975.52 ANNUAL 2192.4 35,122.25 36,898.09 38,761.63 40,712.87 42,773.72 44,944.20 47,224.30 ANNUAL 1044) 16,724.88 17,570.52 18,457.92 19,387.08 20,368.44 21,402.00 22,487.76 4 16.42 17.25 18.12 19.03 20.00 21.01 22.08 ANNUAL 2088 34,284.96 36,018.00 37,834.56 39,734.64 41,760.00 43,868.88 46,103.04 ANNUAL 2192.4 35,999.21 37,818.90 39,726.29 41,721.37 43,848.00 46,062.32 48,408.19 ANNUAL 1044 17,14248 18,009.00 18,917.28 19.867.32 204880.00 21,934.44 23,051.52 5 16.83 17.68 18.57 19.51 20.50 21.54 22.63 ANNUAL 2088 35,141.04 36,915.84 38,774.16 40,736.88 42,804.00 44,975.52 47,251.44 ANNUAL 2192.4 36,898.09 38,761.63 40,712.87 42,773.72 44,944.20 47,224.30 49,614.01 ANNUAL (1044) 17,570.52 18,457.92 19,387.08 20.368.44 21,402.00 22,487.76 23.625.72 6 17.25 18.12 19.03 20.00 21.01 22.08 23.20 ANNUAL 2088 36,018.00 37,834.56 39,734.64 41,760.00 43,868.88 46,103.04 48,441.60 ANNUAL 2192.4 37,818.90 39,726.29 41,721.37 43,848.00 46,062.32 48,408.19 50,863.68 ANNUAL 1044 18,009.00 18,917.28 19,867.32 20,860.00 21,934.44 23,051.52 24,220.80 7 17.68 18.57 19.51 20.50 21.54 22.63 23.78 ANNUAL 2088 36,915.84 38,774.16 40,736.88 42,804.00 44,975.52 47,251.44 49,652.64 ANNUAL 2192.4 38,761.63 40,712.87 42,773.72 44,944.20 47,224.30 49,614.01 52,135.27 ANNUAL 1044 18,457.92 19,387.08 20,368.44 21,402.00 22,487.76 23,625.72 24,826.32 8 18.12 19.03 20.00 21.01 22.08 23.20 24.37 ANNUAL 2088 37,834.56 39,734.64 41,760.00 43,868.68 46,103.04 48,441.60 50,884.56 ANNUAL 2192.4 39,726.29 41,721.37 43,848.00 46,062.32 48,408.19 50,863.68 53,428.79 ANNUAL (1044) 18.917.28 19.867.32 20.880.00 21.934.44 23,051.52 24,220.80 25,442.28 9 16.57 19.51 20.50 21.54 22.63 23.78 24.98 ANNUAL 2088 38,774.16 40,736.88 42,804.00 44,975.52 47,251.44 49,652.64 52,158.24 ANNUAL 2192.4 40,712.87 42,773.72 44,944.20 47,224.30 49,614.01 52,135.27 54,766.15 ANNUAL 1044 19,387.08 20,368.44 21,402.00 22,487.76 23,625.72 24,826,32 26,079.12 10 19.03 20.00 21.01 22.08 23.20 24.37 25.60 ANNUAL 2088 39,734.64 41,760.00 43,868.88 46,103.04 48,441.60 50,884.56 53,452.80 ANNUAL 2192.4 41,721.37 43,848.00 46,062.32 48,408.19 50,863.68 53,428.79 56,125.44 ANNUAL 1044 19,867.32 20,880.00 21,934.44 23,051.52 24,220.60 25,442.28 26.726.40 11 19.51 20.50 21.54 22.63 23.78 24.98 26.24 ANNUAL 2088 40,736.88 42,804.00 44,975.52 47,251.44 49,652.64 52,158.24 54,789.12 ANNUAL 2192.4 42,773.72 44,944.20 47,224.30 49,614.01 52,135.27 54,766.15 57,528.58 ANNUAL 1044 20,368.44 21,402.00 22,487.76 23,625.72 24,826.32 26,079.12 27,394.56 12 20.00 21.01 22.08 23.20 24.37 25.60 26.90 ANNUAL 2088 41,760.00 43,868.88 46,103.04 48,441.60 50,884.56 53,452.80 56,167.20 ANNUAL 2192.4 43,848.00 46,062.32 48,408.19 50,863.68 53,428.79 56,125.44 58,975.56 ANNUAL 1044 20,880.00 21,934.44 23,051.52 24.220.80 25,442.28 26,726.40 28,083.60 13 20.50 21.54 22.63 23.78 24.98 26.24 27.57 ANNUAL (2088) 1 42,804.00 44,975.52 47,251.44 49,652.64 52,158.24 54,789.12 57,566.16 ANNUAL 2192.4 44,944.20 47,224.30 49,614.01 52,135.27 54,766.15 57,528.58 60,444.47 ANNUAL 1044 21,402.00 22.487.76 23,625.72 24,826.32 26,079.12 27,394.56 28,783.08 14 21.01 22.08 23.20 24.37 25.60 26.90 28.26 ANNUAL 2088 43,868.88 46,103.04 48,441.60 50,884.56 53,452.80 56,167.20 59,006.68 ANNUAL 2192.4 46,062.32 48,408.19 50,863.68 53,428.79 56,125.44 58,975.56 61,957.22 ANNUAL 1044 21,934.44 23.051.52 24,220.80 25,442.28 26,726.40 28,083.60 29,503.44 15 21.54 22.63 23.78 24.98 26.24 27.57 28.97 ANNUAL 2088 44,975.52 47,251.44 49,652.64 52,158.24 54,789.12 57,566.16 60,489.36 ANNUAL 2192.4 47,224.30 49,614.01 52,135.27 54,766.15 57,528.58 60,444.47 63,513.83 ANNUAL 1044 22,487.76 23,625.72 24,826.32 26,079.12 27,394 56 28,783 08 30,244.68 I O 10/7/2008 4:48 PM BRAZOS COUNTY, TEXAS FISCAL YEAR 2009 APPROVED SALARY SCHEDULE (261 WORKING DAYS) APPROVED 5.5% INCREASE ACROSS THE BOARD 23 24 25 26 27 28 29 30 21.54 22.63 23.78 24.98 26.24 27.57 28.97 30.43 44,975.52 47,251.44 49,652.64 52,158.24 54,789.12 57,566.16 60,489.36 63,537.84 47,224.30 49,614.01 52,135.27 54,766.15 57,528.58 60,444.47 63,513.83 66,714.73 22,487.76 23,625.72 24,826.32 26,079.12 27,394.56 26,783.08 30,244.68 31,768.92 22.08 23.20 24.37 25.60 26.90 28.26 29.69 31.19 46,103.04 48,441.60 50,884.56 53,452.80 56,167.20 59,006.88 61,992.72 65,124.72 48,408.19 50,863.68 53,428.79 56,125.44 58,975.56 61,957.22 65,092.36 68,380.96 23,051.52 24,220.80 25,442.28 26,726.40 28,083.60 29,503.44 30,996.36 32,562.36 22.63 23.78 24.98 26.24 27.57 28.97 30.43 31.97 47,251.44 49,652.64 52,158.24 54,789.12 57,566.16 60,489.36 63,537.84 66,753.36 49,614.01 52,135.27 54,766.15 57,528.58 60,444.47 63,513.83 66,714.73 70,091.03 23.625.72 24.826.32 26,079.12 27,394.56 28,783.08 30,244 68 31.768.92 33,376.68 23.20 24.37 25.60 26.90 28.26 29.69 31.19 32.77 48,441.60 50,884.56 53,452.80 56,167.20 59,006.88 61,992.72 65,124.72 68,423.76 50,863.68 53,428.79 56,125.44 58,975.56 61,957.22 65,092.36 68,380.96 71,844.95 24,220.80 25,442.28 26,726.40 28,083.60 29,503.44 30,996.36 32,562.36 34,211.88 23.78 24.98 26.24 27.57 28.97 30.43 31.97 33.59 49,652.64 52,158.24 54,789.12 57,566.16 60,489.36 63,537.84 66,753.36 70,135.92 52,135.27 54,766.15 57,528.58 60,444.47 63,513.83 66,714.73 70,091.03 73,642.72 24,826.32 26,079.12 27,394.56 28,783.08 30,244.68 31,768.92 33,37668 35,067.96 24.37 25.60 26.90 28.26 29.69 31.19 32.77 34.43 50,884.56 53,452.80 56,167.20 59,006.88 61,992.72 65,124.72 68,42336 71,889.84 53,428.79 56,125,44 58,975.56 61,957.22 65,092.36 68,380.96 71,844.95 75,484.33 25,442.28 26,726.40 28,083.60 29,503.44 30,996.36 32,562.36 34,211.88 35,944.92 24.98 26.24 27.57 28.97 30.43 31.97 33.59 35.29 52,158.24 54,789.12 57,566.16 60,489.36 63,537.84 66,753.36 70,135.92 73,685.52 54,766.15 57,528.58 60,444.47 63,513.83 66,714.73 70,091.03 73,642.72 77,369.80 26.079.12 27.394.56 28,783.08 30,244.68 31,768.92 33,376.68 35,067.96 36,842.76 25.60 26.90 28.26 29.69 31.19 32.77 34.43 36.17 53,452.80 56,167.20 59,006.88 61,992.72 65,124.72 68,423.76 71,889.84 75,522.96 56,125.44 58,975.56 61,957.22 65,092.36 68,380.96 71,844.95 75,484.33 79,299.11 26,726.40 28,083.60 29,503.44 30,996.36 32,562.36 34,211.88 35,944.92 37 761 48 26.24 27.57 28.97 30.43 31.97 33.59 35.29 37.07 54,789.12 57,566.16 60,489.36 63,537.84 66,753.36 70,135.92 73,685.52 77,402.16 57,528.58 60,444.47 63,513.83 66,714.73 70,091.03 73,642.72 77,369.80 81,272.27 27,394.56 28,783.08 30,244.68 31.768.92 33,376.68 35,067.96 36.842.76 38,701.08 26.90 28.26 29.69 31.19 32.77 34.43 36.17 38.00 56,167.20 59,006.88 61,992.72 65,124.72 68,423.76 71,889.84 75,522.96 79,344.00 58,975.56 61,957.22 65,092.36 68,380.96 71,844.95 75,484.33 79,299.11 83,311.20 28,083.60 29,503.44 30,996.36 32,562.36 34,211.88 35,944.92 37,761.48 39,672.00 27.57 28.97 30.43 31.97 33.59 35.29 37.07 38.95 57,566.16 60,489.36 63,537.84 66,753.36 70,135.92 73,685.52 77,40216 81,327.60 60,444.47 63,513.83 66,714.73 70,091.03 73,642.72 77,369.80 81,272.27 85,393.98 28,783.08 30,244.68 31,768.92 33,376.68 35,067.96 36,842.76 38,701.08 40,663.80 28.26 29.69 31.19 32.77 34.43 36.17 38.00 39.92 59,006.88 61,992.72 65,124.72 68,423.76 71,889.84 75,522.96 79,344.00 83,352.96 61,957.22 65,092.36 68,360.96 71,844.95 75,484.33 79,299.11 83,311.20 87,520.61 29,503.44 30,996.36 32,562.36 34,211.88 35,944.92 37,761.48 39,672.00 41,676.48 28.97 30.43 31.97 33.59 35.29 37.07 38.95 40.92 60,489.36 63,537.84 66,753.36 70,135.92 73,685.52 77,402.16 81,327.60 85,440.96 63,513.83 66,714.73 70,091.03 73,642.72 77,369.80 81,272.27 85,393.98 89,713.01 30,244.68 31,768.92 33,376.68 35.067.96 36,842.76 38.701.08 40.663.80 42,720.48 29.69 31.19 32.77 34.43 36.17 38.00 39.92 41.94 61,992.72 65,124.72 68,423.76 71,889.84 75,522.96 79,344.00 83,352.96 87,570.72 65,092.36 68,380.96 71,844.95 75,484.33 79,299.11 83,311.20 67,520.61 91,949.26 30,996.36 32,562.36 34,211.88 35,944.92 37,761.48 39,672.00 41,676.46 43,785.36 30.43 c 31.97 33.59 35.29 37.07 38.95 40.92 42.99 63,537.84 66,753.36 70,135.92 73,685.52 77,402.16 81,327.60 85,440.96 89,763.12 66,714.73 70,091.03 73,642.72 77,369.80 81,272.27 85,393.98 89,713.01 94,251.28 31.768.92 33.376.68 35,067.96 36,842.76 38,701.08 40,663.80 42,720.48 44,881.56 I Iq aa7 10!712008 4:48 PM BRAZOS COUNTY, TEXAS FISCAL YEAR 2009 APPROVED SALARY SCHEDULE (261 WORKING DAYS) APPROVED 5.5% INCREASE ACROSS THE BOARD RTPP I C.RCII IP STEP 31 32 33 34 35 36 1 31.97 33.59 35.29 37.07 38.95 40.92 ANNUAL 2088 66,753.36 70,135.92 73,685.52 77,402.16 81,327.60 85,440.96 ANNUAL 2200 70,334.00 73,898.00 77,638.00 81,554.00 85,690.00 90,024.00 ANNUAL (1044) 33,376.68 35,067.96 36,842.76 38,701.08 40,663.80 42,720.48 2 32.77 34,43 36.17 38.00 39.92 41.94 ANNUAL 2088 68,423.76 71,889.84 75,522.96 79,344.00 83,352.96 87,570.72 ANNUAL 2200 72,094.00 75,746.00 79,574.00 83,600.00 87,824.00 92,268.00 ANNUAL 1044 34,211.88 35,944.92 37,761.48 39,672.00 41,676.48 43,785.36 3 33.59 35.29 37.07 38.95 40.92 42.99 ANNUAL 2088 70,135.92 73,685.52 77,402.16 81,327.60 85,440.96 89,763.12 ANNUAL 2192.4 73,642.72 77,369.80 81,272.27 85,393.98 89,713.01 94,251.28 ANNUAL 1044 35,067.96 36,84236 38,701.08 40,663.80 42,720.48 44.881.56 4 34.43 36.17 38,00 39.92 41.94 44.06 ANNUAL 2088 71,889.84 75,522.96 79,344.00 83,352.96 87,570.72 91,997.28 ANNUAL 2192.4 75,484.33 79,299.11 83,311.20 87,520.61 91,949.26 96,597.14 ANNUAL 1044 35,94492 37,761.48 39,672.00 41,676.48 43,785.36 45,998.64 5 35.29 37.07 38.95 40.92 42.99 45.16 ANNUAL 2088 73,685.52 77,402.16 81,327.60 85,440.96 89,763.12 94,294.08 ANNUAL 2192.4 77,369.80 81,272.27 85,393.98 89,713.01 94,251.28 99,008.78 ANNUAL (1044) 36,842.76 38,701.08 40,663.80 42,720.48 44,881.56 47,147.04 6 36.17 38.00 39.92 41.94 44.06 46.29 ANNUAL 2088 75,522.96 79,344.00 83,352.96 87,570.72 91,997.28 96,653.52 ANNUAL 2192.4 79,299.11 83,311.20 87,520.61 91,949.26 96,597.14 101,486.20 ANNUAL 1044 37,761.48 39,672.00 41,676.48 43,785.36 45,998.64 48,326.76 7 37.07 38.95 40.92 42.99 45.16 47.45 ANNUAL 2088 77,402.16 81,327.60 85,440.96 89,763.12 94,294.08 99,075.60 ANNUAL 2192.4 81,272.27 85,393.98 89,713.01 94,251.28 99,008.78 104,029.38 ANNUAL 1044 38,701.08 40,663.80 42,720.48 44,881.56 47,147.04 49,537.80 8 38.00 39.92 41.94 44.06 46.29 48.64 ANNUAL 2088 79,344.00 83,352.96 87,570.72 91,997.28 96,653.52 101,560.32 ANNUAL 2192.4 83,311.20 87,520.61 91,949.26 96,597.14 101,486.20 106,638.34 ANNUAL 1044 39,672.00 41,676.48 43,785.36 45,998.64 48,326.76 50,780.16 9 38.95 40.92 42.99 45.16 47.45 49.86 ANNUAL 2088 81,327.60 85,440.96 89,763.12 94,294.08 99,075.60 104,107.68 ANNUAL 2192.4 85,393.98 89,713.01 94,251.28 99,008.78 104,029.38 109,313.06 ANNUAL 1044 40,663.80 42,720.48 44,881.56 47,147.04 49,537.80 52,053.84 10 39.92 41.94 44.06 46.29 48.64 51.11 ANNUAL 2088 63,352.96 87,570.72 91,997.28 96,653.52 101,560.32 106,717.68 ANNUAL 2192.4 87,520.61 91,949.26 96,597.14 101,486.20 106,638.34 112,053.56 ANNUAL 1044 41,676.48 43,785.36 45,998.64 48,326.76 50,780.16 53,358.84 11 40.92 42.99 45.16 47.45 49.86 52.39 ANNUAL 2088 85,440.96 89,763.12 94,294.08 99,075.60 104,107.68 109,390.32 ANNUAL 2192.4 89,713.01 94,251.28 99,008.78 104,029.38 109,313.06 114,859.84 ANNUAL 1044 42,720.48 44,881.56 47,147.04 49,537.80 52,053.84 54,695.16 12 41.94 44.06 46.29 48.64 51.11 53.70 ANNUAL 2088 87,570.72 91,997.28 96,653.52 101,560.32 106,717.68 112,125.60 ANNUAL 2192.4 91,949.26 96,597.14 101,486.20 106,638.34 112,053.56 117,731.88 ANNUAL 1044 43,785.36 45.998.64 48.326.76 50,780.16 53,358.64 56,062.80 13 42.99 45.16 47.45 49.86 52.39 55.04 ANNUAL 2088 89,763.12 94,294.08 99,075.60 104,107.68 109,390.32 114,923.52 ANNUAL 2192.4 94,251.28 99,008.78 104,029.38 109,313.06 114,859.84 120,669.70 ANNUAL 1044 44,881.56 47,147.04 49,537.80 52.053.84 54,695.16 57,461.76 14 44.06 46.29 48.64 51.11 53.70 56.42 ANNUAL 2088 91,997.28 96,653.52 101,560.32 106,717.68 112,125.60 117,804.96 ANNUAL 2192.4 96,597.14 101,486.20 106,638.34 112,053.56 117,731.88 123,695.21 ANNUAL 1044 45,998.64 48,326.76 50,780.16 53,358.84 56,062.80 58,902.48 15 45.16 47.45 49.86 52.39 55.04 57.83 ANNUAL 2088 94,294.08 99,075.60 104,107.68 109,390.32 114,923.52 120,749.04 ANNUAL 2192.4 99,008.78 104,029.38 109,313.06 114,859.84 120,669.70 126,786.49 ANNUAL 1044 47,147.04 49,537.80 52,053.84 54,695.16 57.461.76 60,374.52 q b 10/7/2008 4:48 PM U ° U U o U v v CD O U `o co O L) U ~ -=i 00 O U M O U- L.L co O l1 2 M W co O = O U) N C? F- U CD O CD U V~ o o M F Z ~ O 3 Q o o ° m U ~ U `W J O M ~ J F" V p N LL N LL rn }}w0 O in O CD Z (j V 0 = (A Q 0 v r P U( W 0 p U Z O U) w w g tq uz U Q o fn m; j x M ry 0 h a N W O a 0 = n Q o N Y 0 o ~ W U N a U M U a U m T Q W co `6 J O (D N U a r- a a) N N .'L... LL (D C O C) ° W w J Cn I- Q Z O N cV U) C U ° Z m O U U o v c o Cr) ur 3 O CD O c c co 7 O CD O O E m Q CD o 0 c m U ~ c N a) E 0 0 0 o CL N d a p 0 j I 0 Cf) U) CL Z) j O D m C7 ~ ~ a N a) w U) FW- N 69 d , a v v 0 0 0 N n 0 E Der 5 T * B~~No oG~T P or BRAZOS COUNTY BRYAN, TEXAS Whereas, Subchapter F, § 118. 131 of the Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners' Court has determined the fees listed below are required to recoup the costs to Brazos County for the services; Therefore, the Commissioners' Court is of the opinion that the following fees are reasonable and should be established for these services in Brazos County effective January 1, 2009, and to remain in effect until further orders of the court. These fees will be for the District Courts County Courts Justice of the Peace Courts and Small Claims Courts. NOTICES: SUBPOENAS SUMMONS WRIT OF ATTACHMENT WRIT OF GARNISHMENT WRIT OF SEQUESTRATION ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER $60.00 $60.00 $100.00 $100.00 $100.00 $100.00 $100.00 (Plus S20/hr per deputy after 2hrs) $60.00 SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS $60.00 $60.00 $60.00 OTHER SERVICE FEES: ALL CITATIONS $60.00 ALL WRITS $100.00 (Unless fee mandated by State) POSTING OF PUBLIC NOTICE OF SALES $30.00 (Each Location) PRECEPTS $60.00 SHOW CAUSE $60.00 EXECUTING A DEED FOR REAL PROPERTY $60.00 EXECUTING A BILL OF SALE FOR REAL PROPERTY $60.00 RESTRAINING ORDER $100.00 DISTRESS WARRANT $100.00 TURNOVER ORDER WITH EXECUTION $100.00 COMMITMENT (FROM CIVIL SUITS) $100.00 CITATION/TEMPORARY PROTECTIVE ORDER $30.00 NOTICE OF APPLICATION/ PROTECTIVE ORDER $30.00 JUDGEMENT NISI $20.00 Brazos County Service Fees Page 2 ESTRAY FEES LIVESTOCK COLLECTION FEE, per head $25.00 EMPOUNDMENT FEE $150.00 BOARDING & FEEDING Per day, small animal (sheep, goat, swine) $6.00 Per day, large animal (cattle, horse, mule, donkey) $10.00 SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE: FOR ALL SUMS $04200 .1 U% FOR ALL SUMS $200-$1000 ...6% FOR ALL SUMS $100045000 ........................................3% FOR ALL SUMS $5000- UP ...2% (NOT TO EXCEED $500) First $200 a fee of 10%, and additional 6% for the next $800, and additional 3% for the next $4,000 and an additional 2% for any amounts over $5,000. If the above sums are collected without sale, one-half (1/2) of the foregoing rates shall apply. Randy Sim, County Judge 9 / o% 4 d e I I q (2-x 11 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to extend Annual Contract for Water Treatment Program, in accordance with all terms and conditions previously agreed to and accepted with no price increase. I understand this agreement will be for the period beginning October 1, 2008, through September 30, 2009. Fort Bend Services o ed Signature BRAZOS COUNTY Randy Sims, County Judge Date Date RENEWAL ACCEPTANCE By signing herewith, G&L Services agrees to renew Annual Contract for grease trap pumping, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. understand this agreement will be for the period beginning October 1, 2008, through September 30, 2009 and that this is the final renewal period. G&L 'rvices Auth riked Signature BRAZOS COUNTY APPROVED: Randy Sims, County Judge Date Date 11q al3 ID communications Secu fty m Dmwdm "mma Ittc. 2 BILLING ADDRESS: Brazos County Auditors Office 300 E. 26th St; Ste. 314 Bryan, TX 77803 DELIVERY ADDRESS: Brazos County Sheriff's Office 300 East 26th Ave, Ste. 105 Bryan, TX 77803 PROPOSAL NO: P-10-01-2008 DATE OF PROPOSAL: 08-13-2008 PROPOSAL VALID FOR: 60 DAYS ANNUAL EQUIPMENT HARDWARE MAINTENANCE - PREMIUM CONTRACT PROPOSAL SCHEDULE OF SERVICES PROVIDED UNDER THIS CONTRACT: • 24-hrs/day, 7-days/week emergency repair service • All necessary repair parts • All service labor • All travel and subsistence expenses • All freight expenses • One annual preventative maintenance inspection • One annual radiation safety survey and preparation of FAA Form 1650-17 • Additional services are available upon request at time and materials rates COVERAGE PERIOD: October 1, 2008 through September 30, 2009 PAYMENT TERMS: Monthly billing, in arrears, payment net 30 days after delivery of Seller invoice METHOD OF PAYMENT: Business check, Wire Transfer, Credit Card (please circle one) CONTRACT TERMS AND CONDITIONS: The terms and conditions of this contract are listed on Page 3 herein. These seller terms and conditions shall take precedence over any and all others incorporated by the Buyer. EQUIPMENT INCLUDED: Item Serial Description Unit Price Location Number 1 59319 SYS 210E, LS3 $7,500.00 Brazos County Sheriffs Office, 300 East 26th St; Ste 105, Bryan, TX TOTAL ANNUAL PRICE: $7,500.00 plus tax if applicable Please reference proposal number P-10-01-2008, serial number (s), and period of performance on your purchase order. If you do not issue purchase orders, by signing this document, you have acknowledged our proposal and agreed to enter into a maintenance contract with L-3 Communications Security and Detection Systems, Inc. This document will serve as a purchase order. We will fax, mail, or email you back with your Contract ID for your records. Please contact Cathy Garland concerning order placement via Phone: 781-939-3963 -or- Cathy.Garland(&L-3com.com BUYER PURCHASE ORDER NUMBER: ACCEPTED: L-3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS, INC.: Name: Cathy Garland Title: Contracts Administrator Signature: ,l - t Date: September 5 2 10E Commerce Way, Woburn, MA 01801 Phone: 781-939-3963 Fax: 781-939-3815 ServiceContracts.SDS(),L-3com.com 24/7 Customer Service 800-776-3031 IIq ,14 I communications Secalty a QNectu n Syrlema file. ANNUAL EQUIPMENT HARDWARE MAINTENANCE CONTRACT TERMS AND CONDITIONS 1. L-3 Communications Security and Detection Systems Inc., hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyers authorized representative. 8-hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24-hour Seller response time will be typical in geographical locations where Seller does not have resident service engineers. Seller does not warrant that the use of equipment will be uninterrupted or error free. 2. As applicable to the specific maintenance contract schedule, service actions performed by Seller will include all parts, materials, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications. Seller will not perform any modifications to the equipment without Buyer's written approval. 3. Service actions performed by Seller under this contract will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by Seller; painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other similar devices except as specifically required for equipment repair or maintenance. Also excluded from this contract are parts, materials, and other ancillary equipment which have been damaged due to improper handling; power surges, exposure to the elements of extreme heat, extreme cold, moisture; acts of nature such as rain, sleet snow, earthquakes, lightening, hurricane, etc. Equipment failures resulting from installation or operation or use in any manner not in accordance with Seller instructions; failures resulting from installation or operation or use in any manner not in accordance with Seller instructions; equipment damage due to misuse or abuse (through negligence, accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of Seller. 4. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyer's premises in as neat, orderly, and clean condition as existed upon start of services 5. Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller. 6. Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities. 7. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. 8. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this contract. 9. Upon agreement between Buyer and Seller, Seller may perform additional services beyond Seller's obligations under this contract. Such services may include, but are not limited to, equipment installation, relocation, and re-installation. All such services, when performed, will be invoiced to Buyer in accordance with Seller's prevailing standard service rate schedule. 10. Upon completion of service, Seller's service engineer will submit the Service Call Report (SCR) to Buyer's authorized representative. The SCR will itemize the service actions performed. Buyers authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Sellers services, the lack of Buyer's authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 11. Cancellation during the contract period. If Buyer cancels this Agreement pursuant to Section 12 or if other equipment supplied by Seller replaces the equipment under contract, Buyer may cancel this contract without charge by giving written notice to Seller. In the case of a cancellation for any other reason, Buyer must provide Seller 90 days' prior written notice of cancellation or pay Seller 25% of any remaining annual contract fee as liquidated damages. Seller also reserves the right to cancel this Agreement without penalty if Buyer is in default and fails to cure within 30 days following receipt of written notice of default. 12. Buyer retains the right to cancel this contract immediately and without advance notice to Seller should Sellers services be unsatisfactory in quality or should Seller fail to perform in accordance with the statement of services for any reason within Sellers control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 13. Seller will not transfer or assign its obligations under this contract, either in whole or in part, without the prior written approval of Buyer. 14. Seller shall defend and hold Buyer harmless from and against any losses, damages, expenses, liabilities, and costs arising out of the negligence of Seller, its employees, or agents In performing services under this Agreement. Buyer shall defend and hold Seller harmless from and against any losses, damages, expenses, liabilities, and costs arising out of the negligence of Buyer, its employees, or agents with respect to the use or operation of the System. 15. LIMITATION OF LIABILITY: REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL SELLER BE LIABLE FOR (1) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDER, THE FURNISHING OF PRODUCTS AND SERVICES OR THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, EVEN IF INFORMED OF SUCH DAMAGES, OR (11) FOR ANY THIRD PARTY CLAIMS AGAINST CUSTOMER. SELLER'S MAXIMUM LIABILITY UNDER ANY ORDER, INCLUDING LIABILITY ARISING OUT OF PRODUCTS DELIVERED, SERVICES PERFORMED OR FROM SELLER'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS, WILL BE LIMITED TO THE AMOUNT PAID TO SELLER FOR THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. 16. Buyer shall have the right to request that systems be removed from service coverage -or- returned to service coverage on a pro-rated basis. Prior to systems being returned to service coverage all systems are subject to billable pre-inspection services to be performed by the Seller. The Seller's prevailing standard service rates shall be used to calculate the pre-inspection services. 17. Contractual coverage shall not apply to any equipment, spare parts, or services that are: (a) repaired, moved or modified other than by Seller's authorized personnel; or (b) subjected to physical or electrical abuse, stress, or misuse; or (c) stored, operated, modified, or maintained in a manner Inconsistent with applicable Seller instructions and specifications. No third party agents, regardless of affiliation or former affiliation with Seller retain the rights to perform service actions under this contract. 18. Unless otherwise expressly agreed in writing to the contrary, all technical specifications, software, technical information, source code, drawings, and/or data provided to Buyer by the Seller, or used by the Seller in updating, upgrading or performing repairs to the Buyers equipment, shall remain the sole property of the Seller. Any use of said data and software shall constitute use under a limited use license only. This License is expressly limited to the functionality of individual items of L-3 equipment previously purchased by the Buyer. 10E Commerce Way, Woburn, MA 01801 Phone: 781-939-3963 Fax: 781-939-3815 ServiceContracts.SDS(a)L-3com.com 24/7 Customer Service 800-776-3031 l14 0? 15 RENEWAL ACCEPTANCE By signing herewith,l acknowledge and agree to renew Bid 04-115, Annual Fuel Contract (issued by the City of Bryan), in accordance with all terms and conditions previously agreed to and accepted. I understand this agreement will be for the period beginning October 1, 2008 through September 30, 2009. Brenco Marketing "6a! Authorized Signature BRAZOS COUNTY APPROVED: dy Sims, County Judge -,C~-- Date ~lJ - --20a5- Date llq a/ (0 RENEWAL ACCEPTANCE By signing herewith, RP Lee Pest Control agrees to renew Annual Contract for pest control services, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2008 through September 30, 2009.. R ee Pest Control Authorized Signature BRAZOS COUNTY APPROVED: Sims, County Judge Date .3d Ica ~ .~~Date N alb SEP.17.2008 1:38PM TEXAS COM. WASTE RENEWAL ACCEPTANCE - NO. 245 P.2 By signing herewith, Texas Commercial Waste agrees to renew Annual Contract for Portable Toilet Rental, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2008 through September-30,-2009,--(-further understand- that this -is the last year for renewal. Te LM mercial Waste Authorized Signature BRAZOS COUNTY dy Sims, County Judge Date Date liq 0?1 s ANSACTIONS ONLY GOVERNMENTAL E q u i p m e nt Lease Agreement TRFOR STATE OR LOCAL Lease Number: Lessee's Fed Tax ID Lessee (Governmental Entity) - Use EXACT legal entity name Lessee's Chief Executive Office - Street City BRAZOS COUNTY 300 E. 26TH ST. BRYAN Equipment Supplier State County Zip Lessee's Telephone (not cell) CTWP Texas McClennan 76710 979 775 - 7400 In this agreement, as it may be amended from time to time (the "Lease"), the words "You" and "Your" mean the lessee named above. "We," "Us" and "Our" mean the Lessor, "Supplier" means the equipment supplier named above. This Lease and the other documents executed and/or delivered by Us in connection with this Lease represent the final and only agreement between You and Us regarding the subject matter herein and supersede any other oral or written agreements between You and Us. This Lease can be changed only by a written agreement between You and Us. Other agreements not stated herein (including, without limitation, those contained in any purchase agreement between You and the Supplier) are not binding on Us. 1. LEASE OF EQUIPMENT. You agree to lease from Us the personal property listed below (together with all existing and future accessories, attachments, replacements and embedded software, the "Equipment") upon the terms stated herein. This Lease will begin on a date designated by Us after We accept and sign this contract (referred to herein as the "Commencement Date"). The Commencement Date is set forth below Our signature below. Subject only to Section 15 below, You promise to pay to Us the Lease Payments shown below in accordance with the payment schedule set forth below, plus all other amounts stated herein, through the full Term. This Lease is binding on You as of the date You sign it. After You sign, We may insert any information missing in the boxes herein and change the payment amount by up to 15% due to a change in the Equipment or its cost or a tax or payment miscalculation. If the Equipment includes any software, You agree that (i) We don't own the software, (ii) You are responsible for entering into any necessary software license agreements with the owners or licensors of such software, (iii) You shall comply with the terms of all such agreements, if any, and (iv) any default by You under any such agreements shall also constitute a default by You under this Lease. Equipment Description: ❑ See Attached Schedule also Quantity Equipment Make, Model & Serial Number (Required) Quantity Equipment Make, Model & Serial Number (Required) 1 LANIER LD260SP Equipment Location (if different than "Chief Executive office" shown above): Initial Term: 60 months Security Deposit (if any): $0.00 Advance Payment (if any): $0.00 applied as ❑ first payment ❑ first and last payment ❑ other: Lease Payment: $394.00 per ® month ❑ quarter ❑ other: Check here ❑ if Lease Payment includes sales/use tax. 2. LEASE TERM: AUTOMATIC RENEWAL. The initial term of this Lease will begin on the Commencement Date and will continue for the number of months shown above ("Initial Term"). As used herein, "Present Term" means the term presently in effect at any time, whether it is the Initial Term or a Renewal Term (as defined below). Unless You notify Us in writing at least 30 days before the end of a Present Term (the "Notice Period") that You intend to return the Equipment at the end of such Present Term, then: (a) this Lease will automatically renew for an additional one-month period (each, a "Renewal Tenn") and (b) the Lease Payment amount and other terms of this Lease will continue to apply. If You do notify Us in writing within the Notice Period that You intend to return the Equipment at the end of a Present Term, then, promptly upon the expiration of such Present Term, You shall return the Equipment pursuant to Section 13 below. 3. UNCONDITIONAL OBLIGATION. THIS LEASE IS NON-CANCELABLE DURING THE INITIAL TERM AND ANY RENEWAL TERM, subject only to Section 15 below. You agree that: (a) We are a separate and independent company from the Supplier, manufacturer and any other vendor (collectively, "Vendors"), and the Vendors are NOT Our agents; (b) no statement, representation or warranty by any Vendor is binding on Us, and no Vendor has authority to waive or alter any term of this Lease; (c) You, not We, selected the Equipment and the Vendors based on Your own judgment; (d) Your duty to perform Your obligations hereunder is unconditional and irrevocable (subject only to Section 15 below) despite any equipment failure, the existence of any law restricting the use of the Equipment, or any other adverse condition; (e) if You are a party to any maintenance, supplies or other contract with any Vendor, We are NOT a party thereto, such contract is NOT part of this Lease (even though We may, as a convenience to You and a Vendor, bill and collect monies owed by You to such Vendor), and no breach by any Vendor will excuse You from performing Your obligations to Us hereunder; and (f) if the Equipment is unsatisfactory or if any Vendor fails to provide any service or fulfill any other obligation to You, You shall not make any claim against Us and shall continue to make all payments and fully perform under this Lease. 4. LEASE PAYMENTS. Lease Payments, plus applicable taxes and other charges provided for herein, are payable in advance periodically as stated herein. Restrictive endorsements on checks will not be binding on Us. All payments received will be applied to past due amounts and to the current amount due in such order as We determine. Any security deposit or estimated future Governmental Charge (as defined in Section 10) that You pay is non-interest bearing, may be commingled with Our funds, may be applied by Us at any time to past- due amounts, and the unused portion will be returned to You within 90 days after the end of this Lease. If We do not receive a payment in full on or before its due date, You shall pay to Us, to the extent You have legally available funds for such purposes, (i) a fee equal to the greater of 10% of the amount that is late or $29.00, plus (ii) interest on the part of the payment that is late in the amount of 1.5% per month ("Time-Value Interest") from the due date to the date paid. If any check is dishonored, You shall pay Us a fee of $20.00. 5. INDEMNIFICATION. To the extent permitted by applicable law, and provided You have legally available funds for such purposes, You shall indemnify and defend Us against, and hold Us harmless for, any and all claims (including but not limited to claims for personal injury and death), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys fees) made against Us, or suffered or incurred by Us, arising directly or indirectly out of, or otherwise relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Equipment. This obligation shall survive the termination of this Lease. 6. NO WARRANTIES. WE ARE LEASING THE EQUIPMENT TO YOU "AS IS". WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We hereby transfer to You, without recourse to Us, all automatically transferable warranties, if any, made to Us by the Vendor(s) of the Equipment. You agree that the transaction documented in this Lease is both a "lease" as defined in Sections 1-203 and 2A-103 of the Uniform Commercial Code ("UCC") and a "finance lease" as defined in Section 2A-103 of the UCC. To the extent permitted bylaw, You hereby waive any and all rights and remedies conferred upon You under UCC Sections 2A-303 and 2A-508 through 522. If it is determined that this Lease is other than a "lease" as defined in the UCC, then You hereby grant to Us a security interest in the Equipment and all proceeds thereof. You authorize Us to record (and amend, if appropriate) a UCC financing statement to protect Our interests. You may be entitled under Article 2A of the UCC to the promises and warranties (if any) provided to Us by the Vendor(s) in connection with or as part of the contract (if any) by which We acquire the Equipment. You may contact the Vendor(s) for an accurate and complete statement of those promises and warranties (if any), including any disclaimers and limitations of them or of remedies. 7. DELIVERY LOCATION OWNERSHIP USE MAINTENANCE OF EQUIPMENT. We are not responsible for delivery or installation of the Equipment. You are responsible for Equipment maintenance. You shall not remove the Equipment from the Equipment Location unless You first get Our permission. You shall give Us access to the Equipment Location so that We may inspect the Equipment, and You agree to pay Our costs in connection therewith, whether performed prior to or after the Commencement Date. We will own and have title to the Equipment (excluding any software) during the Lease. You agree that the Equipment is and shall remain personal property. Without Our prior written consent, You shall not permit it to become (i) attached to real property or (ii) subject to liens or encumbrances of any kind. You represent that the Equipment will be used solely for commercial purposes and not for personal, family or household purposes. You shall use the Equipment in accordance with all laws, operation manuals, service contracts (if any) and insurance requirements, and shall not make any permanent alterations. At Your own cost, You shall keep the Equipment in good working order and warrantable condition, ordinary wear and tear excepted ("Good Condition"). 8. LOSS: DAMAGE: INSURANCE. You shall, at all times during this Lease, (i) bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to Us even if it becomes damaged or suffers a loss, (ii) keep the Equipment insured against all risks of damage and loss ("Property Insurance") in an amount equal to its replacement cost, with Us named as sole "loss payee," and (iii) carry public liability insurance covering bodily injury and property damage ("Liability Insurance") in an amount acceptable to Us, with Us named as "additional insured." You have the choice of satisfying these insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance ("Insurance Proof"), within 30 days of the Commencement Date. Such Insurance Proof must provide for at least 30 days prior written notice to Us before it may be cancelled or terminated and must contain other terms satisfactory to Us. If You insure personal property similar to the Equipment against risks of damage and loss by self-insurance, then with Our prior written consent You may satisfy Your Property Insurance (but not Liability Insurance) obligations by means of a self-insurance program reasonably acceptable to Us. If you do not provide Us with Insurance Proof within 30 days of the Commencement Date, or if such i ra ce terminet: gsfor any reason, then (a) You agree that We have the right, .7 eXX)) GJ~ 133617 v1 True Lease MR / State & Local Gov't / 12-05 Jc L t' CtS e I" c t cc -1- ~n c L,4cQ S 4h'l oe I 0,0 C t - Se C_ "46 P r DC, v~ f~:~t oloq 4,5 r C e i,vl e-,, but not the obligation, to obtain such Property Insurance and/or Liability Insurance in such forms and amounts from an insurer of Our choosing in order to protect Our interests ("Other Insurance"), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance, and a finance charge of up to 18% per annum (or the maximum rate allowed by law, if less) on any advances We make for premiums, (collectively, the "Insurance Charge"). We and/or one or more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit. We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You. Any Other Insurance need not name You as an insured or protect Your interests. The Insurance Charge may be higher than if You obtained Property and Liability Insurance on Your own. 9. ASSIGNMENT. YOU SHALL NOT SELL, TRANSFER, ASSIGN OR OTHERWISE ENCUMBER (collectively, "TRANSFER") THIS LEASE, OR TRANSFER OR SUBLEASE ANY EQUIPMENT, IN WHOLE OR IN PART. We may, without notice to You, Transfer Our interests in the Equipment and/or this Lease, in whole or in part, to a third party (a "New Owner"), in which case the New Owner will, to the extent of such Transfer, have all of Our rights and benefits but will not have to perform Our obligations (if any). You agree not to assert against the New Owner any claim, defense or offset You may have against Us or any predecessor in interest. 10. TAXES AND OTHER FEES. You are responsible for all taxes (including, without limitation, sales, use and personal property taxes, and excluding only taxes based on Our income), levies, assessments, license and registration fees and other governmental charges relating to this Lease or the Equipment (collectively, with such taxes, "Governmental Charges"). You agree to promptly pay Us, on demand, estimated future Governmental Charges. You authorize Us to pay any Governmental Charges as they become due, and You agree to reimburse Us promptly upon demand for the full amount (less any estimated amounts previously paid by You). You hereby appoint Us as Your attorney-in-fact to sign Your name to any document for the purpose of filing tax returns. You agree to pay Us a fee for preparing and filing personal property tax returns, and You agree not to file any personal property tax returns. You also agree to pay Us upon demand (i) for all costs of filing, amending and releasing UCC financing statements, and (ii) a processing fee of $75.00 (or as otherwise agreed) to cover Our investigation, documentation and other administrative costs in originating this Lease. You also agree to pay Us a fee, in accordance with Our current fee schedule, which may change from time to time, for additional services We may provide to You at Your request during this Lease. You agree that the fees set forth in this Lease may include a profit. 11. SAVINGS CLAUSE. If any amount charged or collected under this Lease is greater than the amount allowed by law, including, without limitation, any amount that exceeds applicable usury limits (an "Excess Amount"), then (1) any Excess Amount charged but not yet paid will be waived by Us and (ii) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder. 12. DEFAULT. You will be in default hereunder if You (1) fail to pay any amount due hereunder within 15 days of the due date, (2) breach or attempt to breach any other term, representation or covenant set forth herein or in any other agreement between You and Us, or (3) suffer an adverse change in Your financial condition and, as a result thereof or for any other reason, We deem Ourselves insecure. If You default, We may do any or all of the following: (A) cancel this Lease, (B) require You to return the Equipment pursuant to Section 13 below, (C) take possession of and/or render the Equipment (including any software) unusable, and for such purposes You hereby authorize Us and Our designees to enter Your premises, with or without prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (i) all Lease Payments and other amounts then due and past due, (ii) all remaining Lease Payments for the remainder of Your then-current fiscal period, discounted at a rate of 6% per annum (or the lowest rate permitted by law, whichever is higher), (iii) Time-Value Interest on the amounts specified in clauses "i" and "ii" above from the date of demand to the date paid, and (iv) all other amounts that may thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub-clauses "i" through "iv" referred to below as the "Balance Due"), and/or (E) exercise any other remedy available to Us under law. You also agree to reimburse Us on demand for all reasonable expenses of enforcement (including, without limitation, reasonable attorneys' fees and other legal costs) and reasonable expenses of repossessing, holding, preparing for disposition, and disposition ("Remarketing") of the Equipment, plus Time-Value Interest on the foregoing amounts from the date of demand to the date paid. In the event We are successful in Remarketing the Equipment and the net proceeds (after deducting Our reasonable expenses of repossessing, holding, preparing for disposition, and disposing of the Equipment) are less than the Balance Due, You shall be liable for such deficiency, subject, however, to Section 15 below and to any other requirements of applicable law. Any delay or failure to enforce Our rights under this Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during this Lease, You agree that We may retain and utilize the same to cure or otherwise cover any default by You hereunder. 13. RETURN OF EQUIPMENT. If You are required to return the Equipment under this Lease, You shall, at Your expense, promptly upon demand, send the Equipment to any location(s) that We may designate. The Equipment must be properly packed for shipment, freight prepaid and fully insured, and must be received in Good Condition (as defined in Section 7 above). If the Equipment is not received within 15 days of the date of demand, You agree to continue paying Lease Payments and all other amounts due hereunder until the Equipment is received by Us. 14. APPLICABLE LAW. This Lease shall be governed by the laws of the State in which You are located. You and We hereby waive Your and Our respective rights to a trial by jury in any legal action. Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law. If any provision is construed to be unenforceable, such provision shall be ineffective only to the extent of such unenforceability without invalidating the remainder hereof. 15. NON-APPROPRIATION OF FUNDS. You hereby represent, warrant and covenant to Us that: (a) You intend, subject only to the provisions of this Section 15, to remit to Us all sums due and to become due under this Lease for the full Present Term; (b) Your governing body has appropriated sufficient funds to pay all Lease Payments and other amounts due during Your current fiscal period; (c) You reasonably believe that legally available funds in an amount sufficient to make all Lease Payments for the full Present Term can be obtained; and (d) You intend to do all things lawfully within Your power to obtain and maintain funds from which Lease Payments may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of Your governing body. In the event Your governing body fails to appropriate sufficient funds to pay all Lease Payments and other amounts due and to become due in Your next fiscal period, You may, subject to the terms hereof, terminate this Lease as of the last day of the fiscal period for which appropriations were received (an "Event of Non-appropriation"). You agree to deliver notice of an Event of Non-appropriation at least 30 days prior to the end of Your then-current fiscal period, or If an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation and to return the Equipment pursuant to Section 13 on or before the effective date of termination. In the event this Lease is terminated following an Event of Non-appropriation, You agree (to the extent permitted by applicable law) that, for a period of one (1) year from the effective date of such termination, You shall not purchase, lease, rent or otherwise acquire equipment performing functions similar to those performed by the Equipment, for use at the site where the Equipment is located, except as may be required for public health, safety or welfare purposes; provided, however, this provision shall not be applicable to the extent that such provision would be unlawful or would adversely affect the validity or enforceability of this Lease. You and We understand and intend that Your obligation to pay Lease Payments and other amounts due under this Lease shall constitute a current expense and shall not in anyway be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Your creation of indebtedness, nor shall anything contained herein constitute a pledge of Your general tax revenues, funds or monies. 16. ADDITIONAL REPRESENTATIONS. WARRANTIES AND COVENANTS. In addition to the other representations, warranties and covenants made by You as set forth in this Lease, You hereby represent, warrant and covenant unto Us that: (a) You have the power and authority under applicable law to enter into this Lease and the transactions contemplated hereby and to perform all of Your obligations hereunder, (b) You have duly authorized the execution and delivery of this Lease by appropriate official action of Your governing body and You have obtained such other authorizations, consents and/or approvals as are necessary to consummate this Lease, (c) all legal and other requirements have been met, and procedures have occurred, to render this Lease enforceable against You in accordance with its terms, and You have complied with such public bidding requirements as may be applicable to this Lease and the transactions contemplated hereby, (d) upon Our request, You will provide Us with a copy of Your current financial statements within 150 days after the end of each fiscal period, and (e) unless and until this Lease is terminated in accordance with Section 15 above, You shall provide to Us, no later than 10 days prior to the end of each fiscal period, with current budgets or other proof of appropriation for the ensuing fiscal period, and such other financial information relating to Your ability to continue the Lease, as We may request. You hereby acknowledge that each of the representations, warranties and covenants made by You in Sections 15 and 16 and elsewhere in this Lease are being materially relied upon by Us in purchasing the Equipment and entering into this Lease. 17. MISCELLANEOUS. This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same document. You acknowledge that You have received a copy of this Lease and agree that a facsimile or other copy containing Your faxed or copied signature shall be as enforceable as the original „wale Lessee: Lessor: CTWP LEASING By: X Date: By: Print name: c// " ' `J Title: Commencement Date: (to be filled in by Lessor) i Attest: X y 7 5~ c/9 eTitle: 133617 v1 True Lease MR / State & Local Gov't / 12-05 ANSACTIONS ONLY GOVERNMENTAL Equipment Lease Agreement TRFOR STATE OR LOCAL Lease Number: Lessee's Fed Tax ID Lessee (Governmental Entity) - Use EXACT legal entity name Lessee's Chief Executive Office - Street City BRAZOS COUNTY 300 E. 26TH ST. BRYAN Equipment Supplier State County Zip Lessee's Telephone (not cell) CTWP Texas McClennan 76710 979 775 - 7400 In this agreement, as it may be amended from time to time (the "Lease"), the words "You" and "Your" mean the lessee named above. "We," "Us" and "Our" mean the Lessor, "Supplier" means the equipment supplier named above. This Lease and the other documents executed and/or delivered by Us in connection with this Lease represent the final and only agreement between You and Us regarding the subject matter herein and supersede any other oral or written agreements between You and Us. This Lease can be changed only by a written agreement between You and Us. Other agreements not stated herein (including, without limitation, those contained in any purchase agreement between You and the Supplier) are not binding on Us. 1. LEASE OF EQUIPMENT. You agree to lease from Us the personal property listed below (together with all existing and future accessories, attachments, replacements and embedded software, the "Equipment") upon the terms stated herein. This Lease will begin on a date designated by Us after We accept and sign this contract (referred to herein as the "Commencement Date"). The Commencement Date is set forth below Our signature below. Subject only to Section 15 below, You promise to pay to Us the Lease Payments shown below in accordance with the payment schedule set forth below, plus all other amounts stated herein, through the full Term. This Lease is binding on You as of the date You sign it. After You sign, We may insert any information missing in the boxes herein and change the payment amount by up to 15% due to a change in the Equipment or its cost or a tax or payment miscalculation. If the Equipment includes any software, You agree that (1) We don't own the software, (ii) You are responsible for entering into any necessary software license agreements with the owners or licensors of such software, (iii) You shall comply with the terms of all such agreements, if any, and (iv) any default by You under any such agreements shall also constitute a default by You under this Lease. Equipment Description: ❑ See Attached Schedule also Quantity Equipment Make, Model & Serial Number (Required) Quantity Equipment Make, Model & Serial Number (Required) 1 LANIER LD260SP Equipment Location (if different than "Chief Executive Office" shown above): 200 S. TEXAS AVE SUITE 206 BRYAN, TX 77803 Initial Term: 60 months Security Deposit (if any): $0.00 Advance Payment (if any): $0.00 applied as ❑ first payment ❑ first and last payment ❑ other: Lease Payment: $394.55 per ® month ❑ quarter ❑ other: Check here ❑ if Lease Payment includes sales/use tax. 2. LEASE TERM: AUTOMATIC RENEWAL. The initial term of this Lease will begin on the Commencement Date and will continue for the number of monms shown above t inium Term"). As used herein, "Present Term" means the term presently in effect at any time, whether it is the Initial Term or a Renewal Term (as defined below). Unless You notify Us in writing at least 30 days before the end of a Present Term (the "Notice Period") that You intend to return the Equipment at the end of such Present Term, then: (a) this Lease will automatically renew for an additional one-month period (each, a "Renewal Term") and (b) the Lease Payment amount and other terms of this Lease will continue to apply. If You do notify Us in writing within the Notice Period that You intend to return the Equipment at the end of a Present Term, then, promptly upon the expiration of such Present Term, You shall return the Equipment pursuant to Section 13 below. 3. UNCONDITIONAL OBLIGATION. THIS LEASE IS NON-CANCELABLE DURING THE INITIAL TERM AND ANY RENEWAL TERM, subject only to Section 15 below. You agree that: (a) We are a separate and independent company from the Supplier, manufacturer and any other vendor (collectively, "Vendors"), and the Vendors are NOT Our agents; (b) no statement, representation or warranty by any Vendor is binding on Us, and no Vendor has authority to waive or alter any term of this Lease; (c) You, not We, selected the Equipment and the Vendors based on Your own judgment; (d) Your duty to perform Your obligations hereunder is unconditional and irrevocable (subject only to Section 15 below) despite any equipment failure, the existence of any law restricting the use of the Equipment, or any other adverse condition; (e) if You are a party to any maintenance, supplies or other contract with any Vendor, We are NOT a party thereto, such contract is NOT part of this Lease (even though We may, as a convenience to You and a Vendor, bill and collect monies owed by You to such Vendor), and no breach by any Vendor will excuse You from performing Your obligations to Us hereunder; and (f) if the Equipment is unsatisfactory or if any Vendor fails to provide any service or fulfill any other obligation to You, You shall not make any claim against Us and shall continue to make all payments and fully perform under this Lease. 4. LEASE PAYMENTS. Lease Payments, plus applicable taxes and other charges provided for herein, are payable in advance periodically as stated herein. Restrictive endorsements on checks will not be binding on Us. All payments received will be applied to past due amounts and to the current amount due in such order as We determine. Any security deposit or estimated future Governmental Charge (as defined in Section 10) that You pay is non-interest bearing, may be commingled with Our funds, may be applied by Us at any time to past- due amounts, and the unused portion will be returned to You within 90 days after the end of this Lease. If We do not receive a payment in full on or before its due date, You shall pay to Us, to the extent You have legally available funds for such purposes, (i) a fee equal to the greater of 10% of the amount that is late or $29.00, plus (ii) interest on the part of the payment that is late in the amount of 1.5% per month ("Time-Value Interest") from the due date to the date paid. If any check is dishonored, You shall pay Us a fee of $20.00. 5. INDEMNIFICATION. To the extent permitted by applicable law, and provided You have legally available funds for such purposes, You shall indemnify and defend Us against, and hold Us harmless for, any and all claims (including but not limited to claims for personal injury and death), actions, damages, liabilities, losses and costs (including but not limited to reasonable attorneys fees) made against Us, or suffered or incurred by Us, arising directly or indirectly out of, or otherwise relating to, the delivery, installation, possession, ownership, use, loss of use, defect in or malfunction of the Equipment. This obligation shall survive the termination of this Lease. 6. NO WARRANTIES. WE ARE LEASING THE EQUIPMENT TO YOU "AS IS". WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We hereby transfer to You, without recourse to Us, all automatically transferable warranties, if any, made to Us by the Vendor(s) of the Equipment. You agree that the transaction documented in this Lease is both a "lease" as defined in Sections 1-203 and 2A-103 of the Uniform Commercial Code ("UCC") and a "finance lease" as defined in Section 2A-103 of the UCC. To the extent permitted by law, You hereby waive any and all rights and remedies conferred upon You under UCC Sections 2A-303 and 2A-508 through 522. If it is determined that this Lease is other than a "lease" as defined in the UCC, then You hereby grant to Us a security interest in the Equipment and all proceeds thereof. You authorize Us to record (and amend, If appropriate) a UCC financing statement to protect Our interests. You may be entitled under Article 2A of the UCC to the promises and warranties (if any) provided to Us by the Vendor(s) in connection with or as part of the contract (if any) by which We acquire the Equipment. You may contact the Vendor(s) for an accurate and complete statement of those promises and warranties (if any), including any disclaimers and limitations of them or of remedies. 7. DELIVERY LOCATION OWNERSHIP. USE. MAINTENANCE OF EQUIPMENT. We are not responsible for delivery or installation of the Equipment. You are responsible for Equipment maintenance. You shall not remove the Equipment from the Equipment Location unless You first get Our permission. You shall give Us access to the Equipment Location so that We may inspect the Equipment, and You agree to pay Our costs in connection therewith, whether performed prior to or after the Commencement Date. We will own and have title to the Equipment (excluding any software) during the Lease. You agree that the Equipment is and shall remain personal property. Without Our prior written consent, You shall not permit it to become (i) attached to real property or (ii) sutitect to liens or encumbrances of any kind. You represent that the Equipment will be used solely for commercial purposes and not for personal, family or household purposes. You shall use the Equipment in accordance with all laws, operation manuals, service contracts (if any) and insurance requirements, and shall not make any permanent alterations. At Your own cost, You shall keep the Equipment in good working order and warrantable condition, ordinary wear and tear excepted ("Good Condition"). 8. LOSS: DAMAGE: INSURANCE. You shall, at all times during this Lease, (i) bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to Us even if it becomes damaged or suffers a loss, (ii) keep the Equipment insured against all risks of damage and loss ("Property Insurance") in an amount equal to its replacement cost, with Us named as sole "loss payee," and (iii) carry public liability insurance covering bodily injury and property damage ("Liability Insurance") in an amount acceptable to Us, with Us named as "additional insured." You have the choice of satisfying these insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance ("Insurance Proof'), within 30 days of the Commencement Date. Such Insurance Proof must provide for at least 30 days prior written notice to Us before it may be cancelled or terminated and must contain other terms satisfactory to Us. If You insure personal property similar to the Equipment against risks of damage and loss by self-insurance, then with Our prior written consent You may satisfy Your Property Insurance (but not Liability Insurance) obligations by means of a self-insurance program reasonably acceptable to Us. If you do L cr tes for any reason, then (a) You agree that We have the right, not provide Us with Insurance Proof within 30 days of the Commencement Date, or if such insurance term n 133617 v1 True Lease MR / State & Local Gov't / 12-05 CEO S - vt c %t 4 S W c l kocw) ce - :Fed ~C G 'E I but not the obligation, to obtain such Property Insurance andfor Liability Insurance in such forms and amounts from an insurer of Our choosing in order to orotect Our interests ("Other Insurance"), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance, and a finance, charge of up to 18% per annum (or the maximum rate allowed by law, if less) on any advances We make for premiums, (collectively, the "Insurance Charge"). We and/or one or more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit. We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You. Any Other Insurance need not name You as an insured or protect Your interests. The Insurance Charge may be higher than if You obtained Property and Liability Insurance on Your own. 9. ASSIGNMENT. YOU SHALL NOT SELL, TRANSFER, ASSIGN OR OTHERWISE ENCUMBER (collectively, "TRANSFER") THIS LEASE, OR TRANSFER OR SUBLEASE ANY EQUIPMENT, IN WHOLE OR IN PART. We may, without notice to You, Transfer Our interests in the Equipment and/or this Lease, in whole or in part, to a third party (a "New Owner"), in which case the New Owner will, to the extent of such Transfer, have all of Our rights and benefits but will not have to perform Our obligations (if any). You agree not to assert aoainst the New Owner anv claim, defense or offset You may have against Us or any predecessor in interest. m11. SAVINGS INLAUSE. If any amount charged or collected under this Lease is greater than the amount allowed by law, including, without limitation, any amount that exceeds applicable usury limits (an "Excess Amount"), then (i) any Excess Amount charged but not yet paid will be waived by Us and (ii) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder. 12. DEFAULT. You will be in default hereunder if You (1) fail to pay any amount due hereunder within 15 days of the due date, (2) breach or attempt to breach any other term, representation or covenant set forth herein or in any other agreement between You and Us, or (3) suffer an adverse change in Your financial condition and, as a result thereof or for any other reason, We deem Ourselves insecure. If You default, We may do any or all of the following: (A) cancel this Lease, (B) require You to return the Equipment pursuant to Section 13 below, (C) take possession of and/or render the Equipment (including any software) unusable, and for such purposes You hereby authorize Us and Our designees to enter Your premises, with or without prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (1) all Lease Payments and other amounts then due and past due, (ii) all remaining Lease Payments for the remainder of Your then-current fiscal period, discounted at a rate of 6% per annum (or the lowest rate permitted by law, whichever is higher), (iii) Time-Value Interest on the amounts specified in clauses "i" and "ii" above from the date of demand to the date paid, and (iv) all other amounts that may thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub-clauses "i" through "iv" referred to below as the "Balance Due"), and/or (E) exercise any other remedy available to Us under law. You also agree to reimburse Us on demand for all reasonable expenses of enforcement (including, without limitation, reasonable attorneys' fees and other legal costs) and reasonable expenses of repossessing, holding, preparing for disposition, and disposition ("Remarketing") of the Equipment, plus Time-Value Interest on the foregoing amounts from the date of demand to the date paid. In the event We are successful in Remarketing the Equipment and the net proceeds (after deducting Our reasonable expenses of repossessing, holding, preparing for disposition, and disposing of the Equipment) are less than the Balance Due, You shall be liable for such deficiency, subject, however, to Section 15 below and to any other requirements of applicable law. Any delay or failure to enforce Our rights under this Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during this Lease, You agree that We may retain and utilize the same to cure or otherwise cover any default by You hereunder. 13. RETURN OF EQUIPMENT. If You are required to return the Equipment under this Lease, You shall, at Your expense, promptly upon demand, send the Equipment to any location(s) that We may designate. The Equipment must be properly packed for shipment, freight prepaid and fully insured, and must be received in Good Condition (as defined in Section 7 above). If the Equipment is not received within 15 days of the date of demand, You agree to continue paying Lease Payments and all other amounts due hereunder until the Equipment is received by Us. 14. APPLICABLE LAW. This Lease shall be governed by the laws of the State in which You are located. You and We hereby waive Your and Our respective rights to a trial by jury in any legal action. Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law. If any provision is construed to be unenforceable, such provision shall be ineffective only to the extent of such unenforceability without invalidating the remainder hereof. 15. NON-APPROPRIATION OF FUNDS. You hereby represent, warrant and covenant to Us that: (a) You intend, subject only to the provisions of this Section 15, to remit to Us all sums due and to become due under this Lease for the full Present Term; (b) Your governing body has appropriated sufficient funds to pay all Lease Payments and other amounts due during Your current fiscal period; (c) You reasonably believe that legally available funds in an amount sufficient to make all Lease Payments for the full Present Term can be obtained; and (d) You intend to do all things lawfully within Your power to obtain and maintain funds from which Lease Payments may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of Your governing body. In the event Your governing body fails to appropriate sufficient funds to pay all Lease Payments and other amounts due and to become due in Your next fiscal period, You may, subject to the terms hereof, terminate this Lease as of the last day of the fiscal period for which appropriations were received (an "Event of Non-appropriation"). You agree to deliver notice of an Event of Non-appropriation at least 30 days prior to the end of Your then-current fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation and to return the Equipment pursuant to Section 13 on or before the effective date of termination. In the event this Lease is terminated following an Event of Non-appropriation, You agree (to the extent permitted by applicable law) that, for a period of one (1) year from the effective date of such termination, You shall not purchase, lease, rent or otherwise acquire equipment performing functions similar to those performed by the Equipment, for use at the site where the Equipment is located, except as may be required for public health, safety or welfare purposes; provided, however, this provision shall not be applicable to the extent that such provision would be unlawful or would adversely affect the validity or enforceability of this Lease. You and We understand and intend that Your obligation to pay Lease Payments and other amounts due under this Lease shall constitute a current expense and shall not in anyway be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Your creation of indebtedness, nor shall anything contained herein constitute a pledge of Your general tax revenues, funds or monies. 16. ADDITIONAL REPRESENTATIONS, WARRANTIES AND COVENANTS. In addition to the other representations, warranties and covenants made by You as set forth in this Lease, You hereby represent, warrant and covenant unto Us that: (a) You have the power and authority under applicable law to enter into this Lease and the transactions contemplated hereby and to perform all of Your obligations hereunder, (b) You have duly authorized the execution and delivery of this Lease by appropriate official action of Your governing body and You have obtained such other authorizations, consents and/or approvals as are necessary to consummate this Lease, (c) all legal and other requirements have been met, and procedures have occurred, to render this Lease enforceable against You in accordance with its terms, and You have complied with such public bidding requirements as may be applicable to this Lease and the transactions contemplated hereby, (d) upon Our request, You will provide Us with a copy of Your current financial statements within 150 days after the end of each fiscal period, and (e) unless and until this Lease is terminated in accordance with Section 15 above, You shall provide to Us, no later than 10 days prior to the end of each fiscal period, with current budgets or other proof of appropriation for the ensuing fiscal period, and such other financial information relating to Your ability to continue the Lease, as We may request. You hereby acknowledge that each of the representations, warranties and covenants made by You in Sections 15 and 16 and elsewhere in this Lease are being materially relied upon by Us in purchasing the Equipment and entering into this Lease. 17. MISCELLANEOUS. This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same document. You acknowledge that You have received a copy of this Lease and agree that a facsimile or other copy containing Your faxed or copied signature shall be as enforceable as the original executed Lease. I Lessor: CTWP LEASING Lessee: eVe47:f r,~~D _ By: X Date: _ / / _ By: Print name: 14 d Yq-t~ Title: Commencement Date: (to be filled in by Lessor) Attest: X Title: 133617 v1 True Lease MR / State & Local Gov't / 12-05 ' MAINTENANCE AGREEMENT Effective Date Purchase Order Invoice # CTWP 3730 Franklin Ave. Waco, TX 76710 Ph. 254-752-0376 Fx. 254-752-7712 Eail. admin@ctwp.com Branch BRYAN Sales Representative JON HITT Term 60 MONTHS Installation Date Bill To: BRAZOS COUNTY-HUMAN RESOURCES Ship To: BRAZOS COUNTY HUMAN RESOURCES 300 E. 26TH ST 200 S. TEXAS AVE. SUITE 206 Customer# BRYAN, TX 77803 Customer# BRYAN, TX 77803 Contact: JENNIFER SALAZAR Contact: SAME Phone: 979-361-4114 Phone: Fax: 979-823-6993 Fax: E-Mail: JSALAZAR CO.BRAZOS.TX.US E-Mail: Contract COVERS ALL PARTS, LABOR AND TONER FOR 240,000 PAGES ANNUALLY. ALL OVERAGES WILL BE Coverage* BILLED ANNUALLY .007/EACH. EXCLUDES PAPER AND STAPLES Invoice Cycle Monthly:N Quarterly:❑ Annual:❑ Other: Overage Cycle Monthly:❑ Quarterly:❑ Annual:N Other: ID Model Serial Description Start Meter Allowance Base Rate Overage Rate LD260SP LANIER LD260SP MFP 240,000 INCLUDED IN LEASE 007 See reverse for terms CTWP administration approval Date p:\dudley\forms\ma order 08-28-06 ~S/--6 Sianature S Printed naml and title Date Waco • Bryan • San Angelo • San Antonio • Temple 1!4 a This contract constitutes the entire agreement between the Customer and CTWP. The provisions included shall represent the intent of the parties, not withstanding any variance with the terms and conditions of any other submitted by the Customer in respect to CTWP service. CONSUMABLE& Toner, developer, drums, masters, starter, fuser rollers, fuser oil, cleaning rollers, toner waste containers, preventative maintenance kits, and imaging units are considered consumable supply items. If applicable, these items will be billed to the Customer at CTWP's then effective rate plus applicable taxes and shipping charges. Any damage caused by the Customer will not be covered by this maintenance agreement, and repairs will be billed at CTWP's then effective rate. PARTS: Parts that are broken or worn through normal use and are necessary for servicing and maintenance adjustments will be provided at no charge to the Customer by CTWP. These parts can be new, used, or reconditioned so long as they necessitate the repair of the covered equipment. EXCLUSIONS: This agreement shall not apply to services or repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power anomalies, fire, water or other casualty to or repairs made necessary as a result of either service by personnel other than CTWP's employees, or use of non-OEM (Original Equipment Manufacturer) supplies. A separate charge shall be made for the parts and labor at CTWP's then effective rate. This agreement can be terminated by CTWP if, in CTWP's opinion, the equipment is subject to excessive Customer abuse or neglect. CTWP is not responsible for any connected computer equipment not specified and or listed on this agreement. RECONDITIONING: Overhauling, reconditioning and or rebuilding is not covered under the terms of this agreement. When, in CTWP's, opinion, this service is required, CTWP will provide a written estimate for approval by the Customer. If the Customer does not approve such work, CTWP has the right to cancel or not renew this agreement. Any unused portion of this agreement will apply to the Customer's open account. CTWP will, however, continue to service the equipment on a time and materials basis. UPGRADING: This agreement is nonrefundable. Should this equipment be upgraded with CTWP prior to the expiration date, CTWP will apply any unused portion of this agreement toward the purchase of a maintenance agreement for the new machine. CONTRACT CHANGES: CTWP reserves the right to impose additional fees in response to changes in contract term requested by the Customer. BUSINESS HOURS: All service calls under this agreement will be made by CTWP during normal business hours, which are Monday through Friday 8:00 a.m. to 5:00 p.m. excluding holidays. Services requested by the Customer for other than normal business hours maybe performed on an as available basis at a rate of not less than 1.5 times the then current CTWP hourly rate. MOVEMENTS: Should the equipment be moved beyond the service area of CTWP, this contract is considered void. CTWP has the right to adjust rates for moves within the CTWP service area. TAXES: This agreement does not include applicable taxes. All taxes levied or imposed, now and hereafter, by any governmental authority shall be paid by the Customer in accordance with the law. ASSIGNMENT: This agreement may not be assigned by the Customer. DELINQUENCY: Should account become delinquent during the terms of this agreement, CTWP reserves the right to cancel this agreement. Un-used portions of delinquent contracts are not refundable. ENFORCEMENT: In the event of any action to enforce terms of this agreement or any collateral agreement hereto, the prevailing party in such is entitled to all costs hereof including reasonable attorney fees. RENEWAL: This contract will automatically renew for successive periods as those described at the then current CTWP rate based on current Customer usage of equipment at time of renewal. Cancellation request by the Customer must be received in writing no less than 30 days prior to the end of this agreement. LEASED EQUIPMENT WITH MAINTENANCE: If the listed equipment is leased with maintenance included in the lease payments (3rd party lease or a private label), the term of this contract will be coterminous with the lease. Maintenance rates may be adjusted according to the original lease documents. CANCELLATION: CTWP reserves the right to cancel at any time during the contract period, should CTWP elect to cancel, any unused portion will be applied to the Customer's open account or refunded, at the election of CTWP. //q 2Q4 Document Efficiency At Work.' Product Schedule Number: State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and , as Customer ("you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a pan hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION l Customer (Bill to) ~;r~.Z~s u,_ L Product Location p~rte-, Address d W mT r~ ~ l~ rJ.~OS CW` ,u`-N ~ J r"lTl S f~l Add C~' D_ q l H Address 1 bD 11 W j, GL~ WP-S+ City Sr~&n County R State _T_ Zip , $0 3 City Y Can County S A State-F)c Zip -r-7g D 3 Customer Contact Name: Customer Telephone Number: Fax Number/E-mail Address: coov, q'7q- 3t,,-y995 PRODUCT DESCRIPTION (`PRODUCTS") Quantity Equipment Description: Make, Model & Serial Number Quantity Eauioment Description: Make. Model F- Serial N„mbar Cgftei Ce14; fje.A l h e 12 Nn/ler33o0 PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Guaranteed Minimum Meter Reading/Billing V h1~n},d Per Image $ Additional Images $ ' 0071 Monthly/Quarterly/Other Images )SOU For Additional Images Monthly Minimum Payment Payment Due Advance Payment (with tax) $ Quarterly Without Tax $ ' q 5 Q -1-Monthly Quarterly Apply to 1st Payment ~(_Other Other Other /91117+a! fo, l,a aI AW Sales Tax Exempt: ❑ Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O.II, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: ) TERMS AND CONDITIONS L The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for 12)vful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Charges/Meters, In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If ,you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment fi•equency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are CUSTOM ev IK0N OFFICE SOLUTIONS, INC. X Title: v 4 ate: A Title Date: Authorized Signer 4 Authorized Signer (Authorized Signer's printed name) (Authorized Signer's printed name) i q ~pppc~ Image Management Plus Commitments Document Efficiency At Work' The below performance commitments (collectively, the "Guarantees") are brought to you by IKONT Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "Your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON's normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Alinimum Term so lone as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Alanagement Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and al] service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered Products), excluding staples. The supplies will be provided according to manufacturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarter])- average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time -Ail] be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON mill service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new, image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Alinimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule tnav not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimmn Images commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed A/inimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and us. The Image Alanagement Cost Per Image, the Cost of Additional Images and the Alinimum Payment of the new Schedule will he based on the Products, the added equipment and ncw• image voltnne commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- factw•er's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKONS election, will either provide a temporary loan- er while the Products are being repaired at IKON's service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Arm: Quality Assurance. The Quality Assurance Department mill coordinate resolution of any perfor mance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON, IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are nor assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. IKON: Document Efficiency At Work'"'.and IKON Office Solutions' are trademarks of IKON Office Solutions. Inc. / S,°;LG Image Management Plus Schedule 4.04 J ~ a!Q INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan"), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ("College Station") and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit "A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan/County and College Station. EMS Interlocal Agreement - FY 2009 Page I of 6 ac~7 3. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). PAYMENTS 5. County shall pay Bryan and College Station as follows for performing Emergency Medical Ambulance Services. Payment will be on a quarterly basis according to the following schedule: FY 2008-2009 Payment Due Date October 1, 2008 January 2, 2009 April 1, 2009 July 1, 2009 Quarter for which Amount Payment is made October December, 2008 $110,716.75 (Bryan) $73,897.50(College Station) January - March, 2009 April - June, 2009 July - September 2009 $110,716.75 (Bryan) $73,897.50(College Station) $110,716. (Bryan) $73,897.50(College Station) $110,716.75(Bryan) $73,897.50(College Station) EMSlnterlocalAgreement - FY2009 Page of 6 114 a~ ~ 6. The County must make all payments to Bryan and College Station for these services from current revenues. 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided outside the corporation limits of Bryan or College Station on a quarterly basis upon request. Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan and College Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off. TERM AND TERMINATION 8. This Agreement term shall be from October 1, 2008, and terminate at midnight on September 30, 2009. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to by the parties. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 Attn: Michael S. Donoho, Fire Chief College Station: City of College Station EAEInterlocal Agreement - FY2009 Page 3-flf6 a P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley III, Fire Chief County: Brazos County 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 Attn: County Judge Randy Sims DEFENSE OF CLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. MISCELLANEOUS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. EMS Interlocal Agreement - FY 2009 Pat 4 f6 A QD 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supercedes any and all prior agreements, arrangements, or understandings, whether written or oral. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 17. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 18. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the part(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 19. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EMS Interlocal Agreement - FY 2009 Page 546 11 031 NOW THEREFORE, this Agreement is made and entered into this City of Bryan Mark Conlee, Mayor ATTEST: Mary Lynne Stratta City Secretary ;JaHampton City Attorney City of Bryan, Texas City of College Station White, Mayor ATTEST: ims, County Judge ATTEST: Connie Hooks *aren McQueen City Secretary County Clerk APPROVED AS TO FORM: Harvey Cargill City Attorney College Station, Texas Tina L. elling/K y Magness Assistant County Attorney Brazos County, Texas EMS Interlocal Agreement - FY 2009 Page of 6 I a3 a f 0 day of ~~,o v,-- wr b~-,-7 2008, by and between Bryan, College Station and Brazos County. This Agreement shall be effective when signed by the 11 last parry signing makes the Agreement fully executed. ~J EXHIBIT "A" 80,000 ^R Automatic Aid Response Districts College Station Response District Bryan Response District - Bryan College Station ~6 . d~ !r., b 5,7 f~ _i .4 0 6 B R A Z O S COUNTY Date Published: 15 September 2008 Created By: Megan Parsons Road and Bride Department 9 Notes: For r referential use only. r CITY OF BRYAN The Good Life, Texas Style:" November 10, 2008 Brazos County 200 S. Texas Ave., Suite 332 Bryan, TX 77803 Attn: County Judge Randy Sims RE: Interlocal Agreement - Emergency Medical Ambulance Service Attached please find two original, fully executed interlocal agreements for emergency medical ambulance service between the City of Bryan, the City of College Station and Brazos County, approved by the Bryan City Council on September 28, 2008. incerely, ynthia A. Bowman Assistant City Secretary City of Bryan )14 933 Commercial Electronics Corp. www.comelectronics.com Master Post Warranty Services Agreement This Master Post Warranty Services Agreement (the "Agreement") by and between Commercial Electronics Corp., ("CEC") a Texas corporation having its principal place of business at 1318 N. Brazos, San Antonio, TX 78207, and Brazos County Sheriffs Office ("Customer"), having its principal place of business at 1700 Highway 21 West, , Bryan,TX 77803, is entered into as of the date last written below (the 'Effective Date"). This Agreement consists of this signature page and the following attachments which are incorporated in this Agreement by this reference: 1. Master Post Warranty Services Agreement Terms and Conditions 2. EXHIBIT A: IRecord Interview Recording System Maintenance Agreement 3. EXHIBIT B: Summary of Equipment List and maintenance fee. This Agreement is the complete agreement between the parties hereto concerning the software and hardware maintenance of the IRecord Interview recording system and replaces any prior or contemporaneous oral or written communications between the parties. In the event of conflict between the terms of this Agreement and the terms of an Exhibit, the terms of the Exhibit shall govern. This Agreement may only be modified by a written document executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, each party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Agreement. Commercial Electronics Corp. Authorized Signature Wes Burns - VP Operations Type name & title Date Mele"Ot, Authorized Distributor -1- HigherGround Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 (210) 737-1240 facsimile Type name & title ~.a D e Commercial Electronics COM. www.comelectronics.com COVERED SERVICE: Remote software maintenance and other covered services will be performed promptly as updates become available and at any time a recording system fault is reported. CEC will provide reasonable assistance to help Customer operate each new release. Any hardware maintenance provided will be performed at any time during the hours from 8:00 a.m. to 4:30 p.m. on all days EXCEPT WEEKENDS AND HOLIDAYS. Service required for failures which are not a result of normal wear and tear, or otherwise not covered by this agreement shall be furnished on a TIME AND MATERIALS basis. CEC shall be responsible for using all reasonable diligence to correct any verifiable and reproducible fault of the recording system when reported to CEC in accordance with its standard reporting procedures. The corrective action when completed may be provided in the form of a "temporary fix" consisting of sufficient programming and operating instructions to effect the correction. "Fault" means any failure of the recording system to perform to its published specifications. "Corrective Action" means either a replacement, modification or addition that brings the recording system into proper operation according to its published specifications, or a procedure or routine that when observed in the regular operation of the recording system, avoids the practical adverse effect of such fault. CEC shall maintain a trained staff capable of rendering the services set forth in this Agreement. RESPONSIBILITY OF CUSTOMER: CUSTOMER recognizes that computer equipment is vulnerable to misuse and neglect and agrees to maintain an environment conducive to computer equipment operation. CUSTOMER recognizes the vulnerability of the recording system's operating system and associated software to infiltration of malicious software programs known as "viruses" or "worms". Customer agrees to bear sole responsibility for ensuring the recording system is protected against such infiltration, eradication of same, and any cost associated with recovering lost or damaged data.. CUSTOMER must be prepared to assist the technician by providing a complete and accurate description of the trouble symptoms over the phone, performing any routine front panel functions including removing and reapplying main power to the unit as instructed. CUSTOMER agrees to have equipment protected by CEC approved unintenuptible Power Supply (UPS) and to use CEC approved storage media and perform preventative maintenance as described in the Operators Manual. QC,O't~~ _2- Highei-Ground Authorized Distributor Authorized Distributor Corporate office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 (210) 737-1240 facsimile IN 7,36 Commercial Electronks Corp. www.comelectronics.com CUSTOMER agrees to have trained personnel operating the equipment. CUSTOMER has the responsibility to make the recording system accessible to the service representative via remote access for scheduled updates and maintenance at times acceptable to both parties. Remote access, as required by this Agreement, may be provided by Customer via modem line, TCP/IP connection or other method mutually acceptable to both parties. LIMITATIONS ON CONTRACT SERVICE: The Maintenance Agreement applies to the recording system and its integral components including peripheral equipment supplied by Commercial Electronics at original installation or through subsequent authorized system upgrade or modification. The Maintenance Agreement covers repairs and service required as a result of normal use and DOES NOT COVER service necessitated by damage incurred in accident, abuse, lighting, water damage, flood or other similar causes. Third party software, include viruses and worms, third party equipment, telephone company line(s) problems, or any damage to or failure of the system caused by same WILL NOT be covered under this Maintenance Agreement. NO COVERAGE is extended under this Agreement to batteries or other consumable supplies though specific manufacturers' warranties may apply. NO COVERAGE is extended under this Agreement to archive media of any type including but not limited to magnetic tape, magneto-optical disk, external hard drive, or other removable media, whether provided as part of the original recording system or subsequently purchased from Commercial Electronics, beyond replacement cost of the media. Commercial Electronics Corp. IS NOT responsible for, and Customer agrees not to hold Commercial Electronics Corp. liable for lost data. Any cost involved attempting to recover lost or damaged data will be the sole responsibility of Customer. CEC's obligations under this paragraph do not extend to any claims arising from any modification not made by CEC or from the use or combination of the software provided by CEC with products provided by CUSTOMER or others. acio Authorized Distributor -3- HigherGround Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 x ° (210) 737-1240 facsimile Commercial Ehc&onks Corp. www.comelectronics.com TIME AND MATERIAL SERVICE: Time and material service shall be provided when requested by customer for services not included under this contract and shall be furnished in accordance with the service requested. An additional charge will be made for travel time, mileage and/or components used to effect repairs not otherwise covered by this maintenance Agreement at the current labor and mileage rates and parts pricing. Prior to commencing any work that is not covered by the Maintenance Agreement, CEC will submit a written estimate of the labor and material charges and obtain the written approval for such work by the Customer. Customer shall not be liable for any work performed without Customer's written approval. INDEMNITY: CEC shall indemnify and hold CUSTOMER harmless from any and all claims, suits, loss or damages sustained or alleged by CEC's employees, agents, or contractors which are made against CUSTOMER, CUSTOMEWs employees or officers where such claims, suits or damages in any way arise out of or in connection with CEC's employee's, contractor's, subcontractor's or agent's presence on CUSTOMER's property or work performed on CUSTOMER's property. LIMITATION OF LIABILITY: CEC shall not be liable for any loss or damage suffered by the CUSTOMER caused by "Acts of God" or from any other cause beyond the control of CEC, and CUSTOMER, by signing this Agreement, acknowledges and agrees to this provision. EXCEPT AS PROVIDED HEREIN, CEC's MAXIMUM LIABILITY WILL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLEY BY THE ACTS OR OMMISSIONS OF CEC, SUBJECT TO A MAXIMUM LIABILITY OF THE ANNUAL AMOUNT PAID FOR SERVICE WHICH DIRECTLY CAUSED SUCH DAMAGE. IN NO EVENT WILL CEC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF COMPUTER NETWORKS, SYSTEMS OR DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF CEC HAS BEEN ADVISED AS TO THE POSSIBLITY OF SAME. NO LIMITATION AS TO DAMAGES FOR PERSON INJURY OF E INCIDENTAL OR CONSEQUSTATES DO NOT ENTIAL DAMAGES AND THE EXCLUSION O ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. m()aeOn( HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-9119 (210) 737-1240 facsimile Commercial Electronics Corp. www.comelectronics.com me,wra Authorized Distributor -4- Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 7363119 llq O3 fl HigherGround Authorized Distributor (210) 737-1240 facsimile commm-aWl Electronics Corp. www.comelectronics.com ENTIRE AGREEMENT: CEC has not made nor is CUSTOMER relying upon any representations other that those specifically set forth herein. Both parties concur that the entire Agreement between the parties is set forth herein. Additions, deletions or changes to this Agreement must be in writing and signed by CEC and CUSTOMER to become effective. This Agreement, additions, deletions or changes to this Agreement shall be null and void unless signed by an officer of CEC. SURVIVABILITY: If any one or more of the provisions of this Agreement, or the application of such provisions to the CUSTOMER, CEC or any circumstances shall be held invalid, the remainder of this Agreement shall remain in full force and effect. If for any reason this Agreement between CUSTOMER and CEC is terminated, abridged, canceled, breached or nullified, both parties agree that any license agreement, confidentiality or non-disclosure agreements executed between both parties shall remain in effect in perpetuity. TERM AND TERMINATION: The term of this Agreement shall commence on the Effective Date and continue unless terminated in accordance with this section. The term of service hereunder shall commence on the date set forth on the Exhibit B. The term shall continue for a period of one (1) year and may be renewed for successive one (1) year terms for each Equipment List under the terms of this Agreement upon customer submitting a renewal purchase order no later than thirty (30) days prior to the date of such renewal or unless at least thirty (30) days prior to the date of any such renewal either party provides notice to the other party of its intention not to renew: (i) a portion of the product listed on the Exhibit B (ii) this Agreement together with all equipment lists (Exhibit B) ARBITRATION: If a dispute arises from or relates to this agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before a single mediator in Bexar County, Texas, administered by the National Mediation Academy, Inc. under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim arising out of or relating to the agreement or breach thereof shall be settled be arbitration before a single mediator in Bexar County, Texas, administered by the National Arbitration Institute of the National Mediation Academy, Inc. under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the parties agree, the mediator involved in the parties' mediation may be asked to serve as the arbitrator. t~) -5 HigherGround c1~000rd~ Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 (210) 737-1240 facsimile Commerciel Electronics Corp. www.comelectronics.com EXHIBIT A IRECORD INTERVIEW RECORDING SYSTEM MAINTENANCE AGREEMENT COMPANY: Brazos County EQUIPMENT LOCATION AND PRICING: PER EXHIBIT B COMMERCIAL ELECTRONICS CORP. agrees to maintain the iRecord interview recording system during the term of this Maintenance Agreement by furnishing service accepted by Customer as indicated below: 1. All labor required for software maintenance and remote support; 2. All parts requiring replacement as a result of normal wear and tear, 3. Shipping charges to expedite replacement parts to the customer, 4. All labor required for repairs during normal business hours; 5. All travel time and mileage required to transport personnel and equipment for the performance of maintenance on recording system hardware during normal business hours. This agreement applies to the equipment listed on Exhibit B and its integral parts unless specifically designated as not covered. *ALL EQUIPMENT MUST HAVE A VALID SERIAL NUMBER NOTE: Remote access, as required by this Agreement, may be provided by Customer via modem line, TCP/IP connection or other method mutually acceptable to both parties. Interview Room Recording System Maintenance Agreement - EXHIBIT A WQlemt Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 HigherGround Authorized Distributor (210) 737-1240 facsimile 114 C~ 40 ;e Commercial Electronics Corp. www.comelectronics.com EXHIBIT B IRECORD INTERVIEW RECORDING SYSTEM MAINTENANCE AGREEMENT Location Svstem Des~ziption serial # 'Effective Data Annual Maintenance 1700 Hi-hwav 21 West AVA-422784- , Bryan, T1 77803 9 2-Room svstem I /2008 +applicable sales I tax Payment in-fill for the selected Tier above must be received by CEC prior to performance of any covered service action. If a lapse in coverage occurs, CEC reserves the right to inspect the system to ensure proper working condition prior to final acceptance of the Maintenance Agreement. Additional charges may apply to correct any malfunction should a lapse in maintenance coverage occur Intervie,.y Room Recording System Maintenance Agreement - EXHIBIT B were" Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 HigherGround Authorized Distributor (210) 737-1240 facsimile iii aq i Commercial EMc&vnim Corp. www.comelectronics.com EXCHANGE SERVICE PROCEDURE COMMERCIAL ELECTRONICS CORP. agrees to provide refurbished parts for the covered voice logging equipment in exchange for defective boards and modules which fail due to normal wear and tear. Exchange Request: CUSTOMER will submit a request via facsimile to (210) 737-1240 providing accurate part identification and failure detail. Parts Exchange: Commercial Electronics will pre-ship parts for requests received prior to 2:00 p.m. Commercial Electronics will provide confirmation and return material authorization to CUSTOMER via return facsimile. Requests received after 2:00 p.m. will be processed the next business day. Verification: Upon receipt, Commercial Electronics will test and evaluate the failed component. Should the failure be determined to be the result of damage incurred in accident, abuse, lighting, water damage, flood or other causes not covered by the Maintenance Agreement, Time and Material charges will apply. NOTE: The EXCHANGE SERVICE PROCEDUREADDENDUM applies only to Maintenance Agreements Tier II or higher. Interview Room Recording System Maintenance Agreement - Exchange Addendmn QCotd# HigherGround Authorized Distributor Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 (210) 737-1240 facsimile ~~P d4 Commdchd EhKtronks Corp. www.comelectronics.com ANTI-VIRUS SOFTWARE NOTICE To prevent potential conflicts with other existing anti-virus programs which may be operating on your network, anti-virus software is not included with the recording system. However, because of the potential damage computer viruses can do, Commercial Electronics strongly suggests the purchase of anti-virus protection to be installed and kept current on all recording system servers. There are several anti-virus programs commercially available and we make no specific recommendation other than the program should include current updates. This should be discussed with your IT administrator. Should your recording system become infected with a computer virus, it will be your responsibility to eradicate the virus before Commercial Electronics performs any further maintenance which may be required. If requested, Commercial Electronics will assist in the removal of a virus infection during normal business hours only at standard time-and-materials rates. eelat Authorized Distributor HigherGround Authorized Distributor Corporate Office: 1318 N. BRAZOS SAN ANTONIO, TX 78207 (210) 736-3119 (210) 737-1240 facsimile I~~I a~3 MEMORANDUM OF AGREEMENT between the 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 October 31, 2008. Management of this program will be guided by the general guidelines found herein. 1) The extension of the test program shall run from October 1, 2008 until October 31, 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. 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 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 parry, nor any of its officers, directors, shareholders, employees, agents, independent contractors, representatives, or affiliates shall be liable to the other parry 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 parry 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. Randy Sims, C ty Judge Brazos CounX Commissioner's Court Christopher Kirk, Sheriff Brazos County Office of the Sheriff ooh Me Date Mark Contestabile, Vice President, Eastern Operations Date Sentinel Offender Services, LLC 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: 7/11/2008 Page 1 of 3 Print Time: 9:48 AM 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 III A4Y Print Date: 7/11/2008 Page 2 of 3 Print Time: 9:48 AM 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 III aq9 Print Date: 7/11/2008 Page 3 of 3 Print Time: 9:48 AM CITY OF BRYAN The Good Life, Texas Style- TAX INCREMENT REINVESTMENT ZONE #19 PROJECT AND FINANCIAL PLAN APRIL 20, 2007 I/ ~ aso CITY OF BRYAN, TEXAS TAX INCREMENT REINVESTMENT ZONE #19 ANALYSIS ACCOUNTANT'S REPORT AND SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS IN , ;~sl Thar son, Den-Y & Crate, P. C. Woody Thompson, CPA/CFP 4500 Garber Creek ParkwaySuite 202 Sandy CPA Ronnie Craig CPA Bryan, TX 778024456 Alline Briers, CPA Dillard Leve kuhn, CPA (979)260.9696 - FAX (979)260.9683 Gay Vick Craig, CPA email: flrrnOWccpa corn Ka Dobbins, CPA CPA Lyne Kude Monmroeba,, CPA ABc Andrea Derrig, CPA Jamie Reeves, CPA Marian Rose Varism, CPA ACCOUNTANTS' REPORT April 20, 2007 City of Bryan Bryan, Texas We have compiled the accompanying forecasted schedules of tax revenues, cash flows, bond activity, and additional tax revenue of the Tax Increment Reinvestment Zone #19 Project and Financial Plan for the Project on FM 158/V'illa Maria Area for the years 2007 - 2028. The forecasted schedules have been prepared in accordance with attestation standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the format of a forecast information that is the representation of management and does not include evaluation of the support for the assumptions underlying such information. We have not examined the forecasted information and, accordingly, do not express an opinion or any other form of assurance on the accompanying schedules or assumptions. Furthermore, there will usually be differences between the forecasted and actual results because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update our report for events and circumstances occurring after the date of this report. Management has elected to omit the summary of significant accounting policies required by the guidelines for presentation of a forecast established by the American Institute of Certified Public Accountants. If the omitted disclosures were included in the forecasted presentation, they might influence the user's conclusions about the Zone's forecasted schedules for the period. Accordingly, these forecasted schedules are not designed for those who are not informed about such matters. The accompanying forecasted schedules and this report were prepared to determine the feasibility of the Zone project and should not be used for any other purpose. THOMPSON, DMMG & CRAIG, P.C. n'{ asd 1 CITY OF BRYAN TAX INCREMENT REINVESTMENT ZONE #19 SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS ♦ The accompanying forecasted schedules present, to the best of management's knowledge and belief, the estimated tax revenues, cash flows, bond activity, and additional tax revenue for the forecast period. Accordingly, the forecast reflects managemeat's judgment as of April 20, 2007, the date of this forecast, of the expected conditions and its expected course of action. The assumptions disclosed herein are those that management believes are significant to the forecast. There will usually be differences between the forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. ♦ Project funding will include $2,350,000 in either certificates of obligation or tax increment revenue bonds or other financing sources issued by or on behalf of the city. The bonds will be amortized over a period of 20 years with an interest rate of 5% per annum. Bonds will be issued as follows: 2008 52,000,000 2009 $ 35s 0.000 Total $2.350.000 Excess funds will be invested at 4% per annum. Additions to the captured assessed valuation will be: 2007 $6,776,572 2008 $6,103,850 2009 $22,830,197 2010 $14,065975 2011 $9,562,083 2012 $10,140,816 2013 $6,497,745 2014 4 OS . 95.118 $80.072.356 ♦ in addition, beginning in 2015 the captured assessed valuation will increase at the rate of 1.5% per year. Future tax rates dedicated to this project will be: City of Bryan $ .6364 Brazos County S.3930 Brazos County's participation will terminate in 2011. No tax abatement will be given. 114 a53 CITY OF BRYAN TAX INCREMENT REINVESTMENT ZONE #19 SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS Project costs will be: Nash Street - Upper (Villa Maria to Wrn. J. Bryan) Post Office Modifications Master Sanitary Sewer (Villa Maria) Broadmoor Alley Reconstruction Regional Detention Pond LandscapinglWalldng Trails Total 2008 2009 Total 51,573,007 51,573,007 115,802 115,802 247,221 247,221 83,507 83,507 5200,000 200,000 150.000 150.000 01 7 $22,537 Project cost estimates provided by Bleyl & Associates /11 as4 CITY OF BRYAN, TEXAS TAX INCREMENT REINVESTMENT ZONE #19 ANALYSIS FORECASTED TAX REVENUES iii a55 CITY OF BRYAN, TEXAS REINVESTMENT ZONE #19 FORECASTED TAX REVENUES Captured City of Brazos Fiscal Assessed Bryan County Total Year Valuation $ 0.6364 $ 0.3930 Tax 2007 6,776,572 43,126 26,632 69,758 2008 12,880,422 81,971 50,620 132,591 2009 35,710,619 227,262 140,343 367,605 2010 49,776,594 316,778 195,622 512,400 2011 59,338,677 377,631 233,201 610,832 2012 69,479,493 442,167 - 442,167 2013 75,977,238 483,519 - 483,519 2014 80,072,356 509,580 - 509,580 2015 81,273,441 517,224 - 517,224 2016 82,492,543 524,983 - 524,983 2017 83,729,931 532,857 - 532,857 2018 84,985,880 540,850 - 540,850 2019 86,260,668 548,963 - 548,963 2020 87,554,578 557,197 - 557,197 2021 88,867,897 565,555 - 565,555 2022 90,200,915 574,039 - 574,039 2023 91,553,929 582,649 - 582,649 2024 92,927,238 591,389 - 591,389 2025 94,321,147 600,260 - 600,260 2026 95,735,964 609,264 - 609,264 2027 97,172,003 618,403 - 618,403 See summary of significant assumptions and accountants' report CITY OF BRYAN TAX INCREMENT REINVESTMENT ZONE #29 ANALYSIS FORECASTED CASH FLOWS III as7 QTY OF BRYAN, TEXAS REOVESTMENT ZONE X19 FORECASTED STATEMENT OF CASK FLOWS Cash mm from Project Nub Street - Upper (VDk Maria to Wm. J. Bryan) PPSI ORice MadiRcalion Master Sanitary Sewer (Villa Matla) Bmadersnor Alley ReconauvcUoa Regional Desertion Pond LandxapmglWallting Tw7s Farectstod lxx reverses Net easlt provided (used) by operating activities Cash olm from finaariny rivi g; Interest income Series 2008 and 2009 - Band Inge Series 2008 and 20D9 - Bond paym, mw Not cash provided (used) by rumcirg activities Net cbmtge in cash Colt at taegim * otyear Cash at end or year 2001 2003 2SIl2 24lQ 2011 i y l~ 2~? - (1,373,007) " - (I L5,302) - ' (247,221) - (83307) (200,000) (IS0,000) " 69.758 132,591 367,605 512,400 610,332 442,167 483,519 758 69 188 946 17,605 512,400 610,832 442,167 483,519 . 2,79D 7,424 16,006 29,599 47,674 59,725 2,000,000 350,000 - - (160,4 33 188,57 188,570 (135,570 188,570 2,002.790 196,939 (171,564) (158,971) 140.89 (128,845 69,758 I L5A44 214,544 339,836 451,861 301471 354,674 69,758 13502 400.146 739,932 1,191 7 1,493,114 69,758 185,602 400,146 739,932 1,191.843 1,493,114 1,947,788 114 a58 CITY OF BRYAN, TEXAS REINVESMENT ZONE 919 FORECASTED STATEll7BNT OF CASH FLOWS 7514 241 IStlb =7 2018 Cash flows 8rom nroiect Nash Street - Upper (Villa Maria to Wm. J. Bryan) Pon Offtee MDditrcalion Master Sanitary Sewer (Villa Maria) Bmadtmor Alley Reconstruction Regional Detention Pond LaadSapinglWilking Trails 580 509 517 224 524.983 532,8S7 540,850 548,963 557,197 t Fomas[ed tax rereaaes , , Net cash provided (used) by operating activities 509.580 517124 S24,983 532,857 S4D,850 548.963 557,197 C+ah ODWS Ontn lkMdnaaallvldZ laterestincome 73,912 89,708 106,443 124,157 142,895 162,702 183,626 Series 2008 and 2009 - Bond issue 570 188 - 570 188 570) (168 (188,570) 188,510 i88 570 188 570 Series 2008 and 20119 • Bond payment , , . _ Net Dub provided (used) by financing activities (114,65 96,862 2,127 (64,4 13 45.675 (25,868) 4 44 Net change in cash 394,922 418.362 442,856 468,444 495,175 523,095 552,253 Cash at beginning ofycar 1,847,788 2,242,710 2,661,072 3,103,928 3,572,372 4,067,54 41590,642 Caah at and orywsr 2,242,710 2,661,D72 1101 8 3,572„372 4,067,547 4,590,642 5,142,895 ) 14 a59 CITY OF BRYAN, TEXAS REINYS5fbWXf LONE N19 FORECASTED STATEMENT OF CAST{ FLOWS Nash Street -1lpper(Vilh Maria to Wm.I Bryan) Post Office Modiliculon MastQ Ssnibuy Sewer (Villa Maria) Bmadmocr Mley RK*fis=tion Regional Dctcntim Pond Laudsaping/Waiking 7rui)s Foreea ted tax revenues NeL cash provided(med) byoperatutg octiviGes Cash flows Dom finaneinnactvilies interest iuoome Series 2008 and 2009 - Band law Series 2008 ad 2009 - Bond paymcid Net Mh provided (used) by fuMciag activities Net ekange in ash Cash at beginning of year Cash st ml of ymr 0 Z 2Qb~ 2M 2>?2~ 025 ~Q2Z SGS,555 574,039 582,649 59089 600,260 609,2, 64 j6 9,403 r 1 SGS S55 574 039 582 649 59089 600,260 609,264 618,403 , , , 205,716 229,024 253,604 279,511 306,804 335,544 365,793 (18E,570) 188 570 1( 88,570) (189,571 188.571 (08,571 393 673 E7,146 40,454 65,034 90,940 118 146,973 7,640 582,701 614,493 647,683 682,329 718,493 756237 590,563 5,142,895 5,725,596 6,34001 89 6,987,772 7,670,101 8,388,594 9,144,831 5,725,596 6,340,089 6,967,772 7,670,101 &388.594. 9,144,831 9,735,394 114 ago CITY OF BRYAN TAX INCREMENT REINVESTMENT ZONE #I9 ANALYSIS FORECASTED BOND ACTIVITY 1/4 261 CITY OF BRYAN, TEXAS REINVESTMENT ZONE #19 FORECASTED BOND ACTIWrY Bonds Bonds Outstanding Outstanding Fiscal Beginning of End of Fiscal Year Fiscal Year Bonds Issued Principal Paid Year Interest Paid 2008 - 2,000,000 2,000,000 - 20D9 2,000,000 350,000 60,485 2,289,515 100,000 2010 2,289,515 - 74,094 2,215,421 114,476 2011 2,215,421 - 77,799 2,137,622 110,771 2012 2,137,622 - 81,689 2,055,933 106,881 2013 2,055,933 - 85,773 1,970,160 102,797 2014 1,970,160 - 90,062 1,880,098 98,508 2015 1,880,098 - 94,565 1,785,533 94,005 2016 1,785,533 - 99,294 1,686,239 89,276 2017 1,686,239 - 104,258 1,581,981 84,312 2018 1,581,981 - 109,471 1,472,51D 79,099 2019 1,472,510 - 114,945 1,357,565 73,625 2020 1,357,565 - 120,692 1,236,873 67,878 2021 1,236,873 - 126,726 1,110,147 61,844 2022 1,110,147 - 133,063 977,084 55,507 2023 977,084 - 139,716 837,368 48,854 2024 837,368 - 146,702 690,666 41,869 2025 690,666 - 154,037 536,629 34,534 2026 536,629 - 161,740 374,889 26,831 2027 374,889 - 374,889 - 18,744 See summary of siSrufi=t assumptions 2nd accountants' report