HomeMy WebLinkAbout2008-10-28-9:00AM-REGULARof ti°
BRAZOS COUNTY BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 28, 2008 AT 9-00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE
COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
1 . Invocation and Pledge of Allegiance Commissioner Mallard.
2. Call for citizen input and/or concerns.
3. Presentation by former County Judge Al Jones on the Veterans' Memorial Park.
Consider and take action on agenda items 3 thru 40
4. Budget Amendments 08/09 4.1 through 4.4. -
5. Budget Amendment 07/08 53.1 through 53.2
6. Payment of Claims-
7 with Brazos County Soil Yr- Water Conservation District No.450 for FY 2009. The amount of the contract is $5,500.
S. Contract with Brazos County Sexual Assault Resource Center. The amount or the
contract is $20,000. Term of the contract is October 1, 2008 through September 30, 2009.
9. h-zterlocal Agreement with the Brazos County Precinct 4 Volunteer Fire Deparrrr,ent. The
amount of the agreement is $29,000_ The term o£ the agreement is October 1, 2008 through September 30, 2009_
Office of tLe County Judgc - 200 South 'F-.. A - Suit. 332 - Bryan, -r-. 77803 - Fax <979) 361-4503
Commissioners Court Meeting-Agenda
October 28, 2008 - - ` ~1
Page Two
10. Interlocal Agreement with the South Brazos County Fire Department. The amount of the
agreement is $29,000. The term of the agreement is October 1, 2008 through September
30, 2009.
11. Exemption from Competitive Bidding Requirements for Sanofi Pasteur - Professional
services -Medical in accordance with Section 262.024(a)(4) of the Government Code.
12. Appointment of the following persons to serve as Judge, Alternate Judge, and Clerks for
the Reliance Incorporation election to be held on November 4, 2008:
Precinct 7B - Lynn M. Burlbaw, Judge
Paul Turney, Alternate Judge
Precinct 7B - Roger Dempsey, Carolyn Hall Ivision, and Nancy Ladewig, clerks
13. Appointment of Miguel Vasquez as a paid Deputy Constable for Constable, Precinct 2.
14. Asset Forfeiture Report for the Brazos County Special Investigation Unit for the period
of September 30, 2007 through August 31, 2008.
15. Asset Forfeiture Report for the Brazos County Sheriff's Office for the period of
September 30, 2007 through August 31, 2008.
16. Personnel Change of Status.
17. Request from Constable, Precinct 1 to use the funds carried over from last year for the
purchase of a 2009 Tahoe from Caldwell Country instead of the Dodge Durango that was
originally ordered. The Tahoe has a 3 week delivery date and there is no delivery date
for the Dodge Durango.
18. Request from the Purchasing Department to advertise bid No. 2009-16 for Network
Cabling Parts for the I T Department.
19. Request from the Purchasing Department to advertise Bid No. 2009-15 for
Transportation Services of Deceased to Medical Examiner.
20. Award Bid No. 2009-04 - Aggregate for Surface Treatment to Colorado Materials
Award is made on the recommendation of the Road and Bridge Department and the
Purchasing Department.
1
Commissioners Court Meeting Agenda
October 28, 2008
Page Three
21. Award bid No. 2008-048 - Cleaning Supplies for the Jail to Prostar. Award is made on
the recommendation of the Jail Division and the Purchasing Department.
22. Award bid No. 2009-03 - Lane Striping/Pavement Markers to Highway Technologies as
Primary and N-Line Traffic Maintenance as Secondary. Award is made on the
recommendation of the Road and Bridge Department and the Purchasing Department.
23. Manual Requisition in the amount of $23,954 for the County Sheriff's Department to
purchase a 2009 Chevrolet Crewcab Pickup truck from Caldwell County. Pricing was
through the Tarrant County Inter-local Agreement.
24. Manual Requisition in the amount of $22,986 for Constable Pct. 1 to purchase a 2009
Chevrolet Tahoe from Caldwell Country. Pricing was through the Tarrant County Inter-
local Agreement.
25. Copier lease agreement with Brazos Valley Office Solutions for the Maintenance/JP Pct.
4/Constable Pct. 4 offices. The cost of the lease will be $252.22 monthly and the
maintenance will be $85.00 per month. Effective date is November 1, 2008.
26. Payment Authorization to Greenway Constructors in the amount of $44,794 for
renovation of the Juvenile Portable Buildings. Payment will be made using of the FY
2008 funds.
27. Payment Authorization to Greenway Constructors in the amount of $9,980 for the
renovation of the Juvenile Portable Buildings. This is the final payment for this project
and will be made using FY 2008 funds.
28. Payment Authorization to Madison Construction in the amount of $42,797.75 for the
renovation of the County Administration Building. This is the final payment for this
project and will be made using FY 2008 funds.
29. Resolution for the Indigent Defense Grant Program.
30. Request from Road and Bridge to enter the private property of Joel Potts located off Old
Reliance Road for the purpose of cleaning out the existing drainage channel. Site is
located in Precinct 2.
31. Request from Brazos Valley Services to construct a road bore to install a 4 inch PVC
conduit in the right-of-way of Stewart's Meadow. Site is located in Precinct 4.
32. Request from Road and Bridge to enter the private property of Mario Castellese off
Wilson Pasture Road to construct a school bus turn-around. Site is located in Precinct 2.
Commissioners Court Meeting Agenda
October 28, 2008
Page Four
33. Payment authorization for the Sheriff's Office in the amount of $53.27 to Lithia Chrysler
Jeep Dodge of Bryan to mount and balance 4 new tires. Invoice was received after the
Purchase Order was closed.
34. Payment authorization for the Jail in the amount of $580.00 to Contract Pharmacy
Services Inc.. Purchase Order was not obtained in advance.
35. Payment authorization for the Jail in the amount of $396.00 to Lilly Dairy. Invoice was
received after Purchase Order was closed out.
36. Request from the County Attorney to remove a Body Armor protective vest from the
County Attorney inventory asset list.
37. Agreement with the Brazos Valley Veterans Memorial in the amount of $25,000. Term
of the agreement is October 1, 2008 through September 30, 2009.
38. Approval of the Commissioners Court Minutes for the following meetings:
a. June 3, 2008 -
Regular Meeting
b. June 10, 2008 -
Regular Meeting
c. June 20, 2008 -
Workshop Session
d. June 24, 2008 -
Regular Meeting
39. Indigent Care Affiliation Agreement between Brazos County and St. Joseph Regional
Health Center.
40. Applications for the following Tax Refunds:
a. Pauline Jones Richardson
b. Denise Roschelle Fazzino
c. Catherine S. York
41. Call for citizen input and/or concerns.
42. Announcements.
43. Agency / Board / Committee reports by Court members.
44. Adj ourn.
The Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
1l~ u ~ ~ t
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 28, 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, October 28, 2008 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and then led the
pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Don Plitt, Chief Sanitarian Brazos County Health
Department
a) Informed the Court that he had met with the City
of College Station in reference to the minimum
acreage for septic tanks.
Vol 85 Page a,30
Commissioners Court meeting October 28, 2008 2
Commissioner Mallard
a) Said that he would like to have a Workshop on
this topic.
The Court next heard a presentation by former County
Judge Al Jones on the Veteran's Memorial Park. Judge Jones
showed a DVD and gave the Court an update on the plans for the
Veterans Memorial.
The Court next considered Budget Amendment #08/09-4.1
through 4.4 that would reallocate funds for Non-Departmental,
County Clerk; and recognize grant funding for LETPP and SHSP
Grant 2007-GE-T7-0024 and STEP Grant. 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 next matter before the Court was consideration of
Budget Amendment #07/08-53.1 through 53.2 that would
reallocate funds for the 361St District Court, Juvenile Court
Referee and Court Support Costs. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the budget amendments as submitted. A
copy of each amendment is attached.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7055511 through 7055782
Vol 115 Page ~3f
Commissioners Court meeting October 28, 2008 3
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Soil & Water Conservation District No. 450 for FY 2009 to
provide soil and water conservation services to the residents
of Brazos County. The contract amount is for $5,500.00. The
term of the contract is for twelve (12) months commencing on
October 1, 2008 and terminating September 30, 2009. On motion
by Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to enter into contractual agreement
with the Soil & Water Conservation District No. 450 for FY
2009 and authorized the County Judge to execute the document.
A copy is attached.
The Court next considered entering into contractual
agreement with the Brazos County Sexual Assault resource
Center to provide support services to victims of sexual
assault. The contract amount is for $20,000.00 with the term
beginning October 1, 2008 and terminating on September 30,
2009. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
Vol 1 / Page ':::?'3a-
Commissioners Court meeting October 28, 2008 4
approve the contractual agreement and authorized the County
Judge to execute the document. A copy is attached.
The next matter for the Court's consideration was an
Interlocal Agreement between Brazos County and the Brazos
County Precinct 4 Volunteer Fire Department to provide fire
protection within the confines of Precinct 4, pursuant to the
Local Government Code § 352.001. Cost to Brazos County will be
$29,000. Term of the contract is from October 1, 2008 through
September 30, 2009. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to enter into an Interlocal Agreement with the Brazos County
Precinct 4 Volunteer Fire Department and authorized the County
Judge to execute the document. A copy is attached.
The next matter for the Court's consideration was an
Interlocal Agreement between Brazos County and the South
Brazos County Fire Department to provide fire protection
within the confines of Precinct 1, pursuant to the Local
Government Code § 352.001. Cost to Brazos County will be
$29,000. Term of the contract is from October 1, 2008 through
September 30, 2009. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to enter into an Interlocal Agreement with the South Brazos
Vol 1 j 5 Page X33
Commissioners Court meeting October 28, 2008 5
County Fire Department and authorized the County Judge to
execute the document. A copy is attached.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(4) for Sanofi Pasteur. This is for the purchase of
Professional Services-Medial. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the Exemption of Competitive Bidding
Requirements for fiscal year 2008-2009.
The Court next considered the appointment of individuals
to serve as Judge, Alternate Judge and clerks for the Reliance
Incorporation Election to be held on November 4, 2008. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to make the following
appointments:
Precinct # 7B
Presiding Judge Lynn M. Burlbaw
Alternate Judge Paul Turney
Clerks Roger Dempsey
Carolyn Hall Ivision
Nancy Ladewig
The next matter before the Court was consideration of the
appointment of Miguel Vasquez as a paid Deputy Constable for
Constable, Precinct 2. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
Vol /)5 Page 2 34
Commissioners Court meeting October 28, 2008 6
to approve the appointment of Miguel Vasquez as a paid Deputy
Constable, Precinct 2.
The Court next considered the asset forfeiture report for
the Brazos County Special Investigations Unit for the period
of September 30, 2007 through August 31, 2008. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the report.
The Court next considered the asset forfeiture report for
the Brazos County Sheriff's Office for the period of September
30, 2007 through August 31, 2008. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to approve the report.
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 County Judge asked to go back to items 14 and 15 to
correct the dates. Commissioner Cauley moved to amend his
motion to correct the report dates on items 14 and 15 to
reflect the period as being September 1, 2007 through August
31, 2008. Commissioner Peters seconded the motion and it
carried unanimously.
Vol //55 Page a 36
Commissioners Court meeting October 28, 2008 7
The next matter before the Court was consideration of a
request from the office of Constable, Precinct 1 to use the
funds carried over from last year for the purchase of a 2009
Tahoe from Caldwell Country instead of the Dodge Durango that
was originally ordered. The 2009 Tahoe has a 3 week delivery
date. Currently there is no delivery date available on the
Durango. Commissioner Wassermann moved to approve the request.
Commissioner Peters seconded the motion. Commissioners
Wassermann, Peters, Mallard and Cauley voted "Aye". The
County Judge voted "No". The motion carried.
The next matter before the Court was consideration of a
request from the Purchasing Department to advertise Bid No.
2009-16 for Network Cabling parts for the Information
Technology Department. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the request to advertise Bid No. 2009-16.
The next matter before the Court was consideration of a
request from the Purchasing Department to advertise Bid No.
2009-15 for Transportation of Deceased to Medical Examiner.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request to
advertise Bid No. 2009-15.
Vol 11 Page Q3f~
Commissioners Court meeting October 28, 2008 8
The Court next considered awarding Bid No. 2009-04,
Aggregate for Surface Treatment. Charles Wendt, Assistant
Purchasing Agent, recommended acceptance of the bid submitted
by Colorado Materials. This was the only bid received. On
motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
contract to Colorado Materials. A copy of the bid tabulation
is attached.
The Court next considered awarding Bid No. 2008-048,
Cleaning Supplies for the Jail. Pat Howard, Purchasing Agent,
recommended acceptance of the bid submitted by Prostar. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and award the contract
to Prostar. A copy of the bid tabulation is attached.
The Court next considered awarding Bid No. 2009-03, Lane
Striping/Pavement Markers. Charles Wendt, Assistant
Purchasing Agent, made the following recommendation:
Primary - Highway Technologies
Secondary - N-Line Traffic Maintenance
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
Vol 11.5 Page c237
Commissioners Court meeting October 28, 2008 9
recommendation of the Assistant Purchasing Agent and award the
contract as noted above. A copy of the bid tabulation is
attached.
The Court next considered a requisition in the amount of
$23,986 for the County Sheriff's Department to purchase a 2009
Chevrolet Crew Cab Pickup truck from Caldwell Country. The
County Judge asked why they were purchasing a truck. Chief
Deputy Clyde Collins replied that they carry a lot of
equipment. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the requisition.
The next matter before the Court was consideration of a
requisition in the amount of $22,986.00 for the Constable,
Precinct 1 office to purchase a 2009 Chevrolet Tahoe PPV
CC107-6 from Caldwell Country. Commissioner Wassermann moved
to approve the requisition. Commissioner Cauley seconded the
motion. Commissioners Wassermann, Peters, Mallard, and Cauley
voted "Aye". The County Judge voted "No". The motion
carried.
The Court next considered a copier lease agreement with
Brazos Valley Office Solutions for the Maintenance/JP Precinct
4/Constable Precinct 4 offices. The cost of the lease will be
$252.22 monthly and the maintenance will be $85.00 per month.
Vol ~ 15 Page 38'
Commissioners Court meeting October 28, 2008 10
This becomes effective November 1, 2008. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the lease agreement and
authorized the County Judge to execute the document. A copy is
attached.
The Court next considered approval of a payment
authorization in the amount of $44,794.00 to Greenway
Constructors covering construction services for the renovation
of the Juvenile Services portable buildings. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the payment authorization.
The next matter before the Court was consideration of a
payment authorization in the amount of $9,980.00 to Greenway
Constructors covering construction services for the renovation
of the Juvenile Services portable buildings. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the payment authorization.
The Court next considered a payment authorization in the
amount of $42,797.75 to Madison Construction covering
construction services for the renovation of the Brazos County
Administration Building. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the payment authorization.
Vol I i 5 Page 03
Commissioners Court meeting October 28, 2008
11
The next matter before the Court was consideration of a
Resolution for the Indigent Defense Grant Program. On motion
by Commissioner Cauley, seconded by the County Judge, the
Court voted unanimously to adopt the Resolution designating
the County Judge as the authorized official to apply for,
accept, decline, modify or cancel the grant application for
the Indigent Defense Formula Grant Program and all other
necessary documents to accept said grant. A copy is attached.
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 Joel Potts on Old
Reliance Road for the purpose of cleaning out the existing
drainage channel to provide better drainage. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to authorize the work.
The Court next considered the request from Brazos Valley
Services to construct a road bore to install a 4" PVC conduit
at a minimum depth of 4 feet for communications/internet
access in the right-of-way of Stewart's Meadow. The site is
located in Precinct 4. The County Engineer stated that all
appeared to be in order and recommended approval. On motion
by Commissioner Cauley, seconded by Commissioner Peters, the
Vol 11 Page 040
Commissioners Court meeting October 28, 2008 12
Court voted unanimously to approve the request from Brazos
Valley Services and authorized the installation. A copy of
the request is attached hereto.
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 Mario Castellese
on Wilson Pasture Road in Precinct 2 to construct a school bus
turn around. 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 a
payment authorization in the amount of $53.27 to Lithia
Chrysler Jeep Dodge to mount and balance 4 new tires on a
Sheriff's Office vehicle. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the payment authorization.
The Court next considered a payment authorization in the
amount of $580.00 to Contract Pharmacy Services, Inc. for flu
vaccine. A purchase order was not created when the vaccine
was ordered. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the payment authorization.
Vol 11 S' Page a y )
Commissioners Court meeting October 28, 2008 13
The next matter before the Court was consideration of a
payment authorization in the amount $396.00 to Lilly Dairy for
food items. The invoice was received after the purchase order
was closed out. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the payment authorization.
The Court considered a request from the County Attorney
to remove a body armor protective vest from the County
Attorney inventory asset list. This vest is of a size and age
that makes it ineligible for reissue to another investigator.
On motion by the County Judge, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request to
remove the vest from the County Attorney inventory asset list.
The Court next considered entering into agreement with
the Brazos Valley Veterans Memorial to provide a public art
memorial for the residents and non residents of Brazos County.
The term of the Agreement is from October 1, 2008 through
September 30, 2009 with a cost to Brazos County of $25,000.00.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to enter into agreement
with the Brazos Valley Veterans Memorial and authorized the
County Judge to execute the Agreement on behalf of Brazos
County. A copy of the Agreement is attached.
Vol ► ► Page ~2 4
Commissioners Court meeting October 28, 2008 14
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in June 2008. On motion
by Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to table the minutes.
The next matter before the Court was consideration of an
Indigent Care Affiliation Agreement between Brazos County and
St. Joseph Regional Health Center. Gentry Woodward with the
St. Joseph Health System explained how this will allow the
County to improve access, availability, efficiency, delivery
and funding for health care services provided to indigent
patients in Brazos County. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously
to approve the agreement and authorized the County Judge to
execute the document. A copy is attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Pauline Jones Richardson, over payment $36.73
b. Denise Roschelle Fazzino , over payment $40.28
c. Catherine S. York, over payment $10.72
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
Vol I Page 2 Lt,3
Commissioners Court meeting October 28, 2008 15
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) Reported that there were 580 inmates in
jail, 92 have ankle monitors and 52 are
pending for a monitor.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) There will be a High Speed Rail meeting on
December 9, 2008 at Pebble Creek Country Club. He
hopes the entire court will attend since the
meeting is local.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the
Court, the meeting was adjourned.
Vol ) ) ~5 Page 2q4
The foregoing minutes of the Commissioners Court meeting held
October 28,
2008
have
been examined and are approved
in open
Court this
the
((QiL
day of 2008,
in Bryan,
Brazos County, Texas.
Randy S ms
Count Judge
Lloyd Wassermann
Commissioner, Precinct 1
Duane Peters Kenny IM llar
Commissioner, Precinct 2 Commissioner, Precinct 3
arey u y, Jr.
Commi sioner, Pre t 4
Attest:
Karen McQueen
County Clerk
Vol 116 Page '-'24,5
BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09-4.1 thru 08/09-4.4
On this the 28th day of October, 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 28, October 2008 the Court heard and approved a budget amendment for the
2008-2009 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 19 September 2008, the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 28th day of October, 2008.
THE COMIVHSSIONERY 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
H-5 `
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 4.1
10/28/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11000500 60620000 CR !Postage 18,000.00
0100 11000500 71025000_1 1 DR Contract Services 18.000.00
Non-De artmental
To reallocate funds from postage to contrat services for the Delucia Mail contract.
Department Approval Date
Prepared By: ifj
Date: 10/23/2008
z"o S
County Jud pproval Date'
f 15 ~SZa
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 4.2
eni,3Qi,jnnQ
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0
48048300
CR
TXDOT Support Agreement
7,825.00
0100
30100700
51620000
DR
Hourly- Overtime
5,000.00
0100
30100700
53100000
DR
Social Security
450.00
0100
30100700
53200000
DR
Retirement
650.00
0100
30100700
53800000
DR
Worker's Comp
168.00
0100
30100700
61801000
DR
Travel
1,557.00
STEP Grant
To recognize additional revenue to be reimbursed b the TX
DOT Ste Grant. Contract period ends December 2008.
De
Prepared By: partment Approval Date
Date: ' 10/23/2008 8
County Judge. pP a r Date
IIS ~ asp
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 4.3
ni-2o i'll
FUND
3000
3000
3000
3000
3000
3000
3000
3000
DIV
355400
355400
355400
355400
355400
355400
355400
ACCT
48048300
60500000
67203000
67281000
67286000
67287000
67294000
80286000
PROJ
DR/CR
CR
DR
DR
DR
DR
DR
DR
DR
ACCOUNT NAME
GDEM-Domestice Preparedness
Office Equipment
Minor -Computer Hardware
Equipment-Electronic
Equipment-Other
Equipment-Radios
Equipment-Telephone
Equipment-Other
Increase
5,380.00
3,000.00
9,300.00
25,400.00
77,200.00
3,920.00
64,600.00
Decrease
188,800.00
LETPP an
d SHSP Grant 2007-GE-T7-0024
To recognize ant funding for FY 2009 for the LE
TPP and SHSP Grants for enhancement to the CEOC &
local fire res onse.
Prepared By: ifj
Date: 10/23/2008
Department Appro~ Date
County JuIEKApp
ate
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 4.4
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 21010000 71300000 CR Microfilming 500.00
0100 21010000 61801000 DR Travel 500.00
County Clerk
To reallocate funds for travel for an additional person to attend the Vital Statics Conference to be held in December.
Departure Approv Date
Prepared By: ifj
Date: 10/23/2008
ounty Ju a A' val Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-53.1 thru 53.2
On this the 28th day of October, 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 28, October 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 28th day of October, 2008.
THE COMMISSIONERS' 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
i L. . ?-.Gq
BRAZOS COUNTY, TEXAS.
BUDGET AMENDMENTS
No. 07108 53.1
4A /74 /7AA 0
FUND
0100
0100
DIV
22200100
22200100
ACCT
51642000
53300000
PROJ
DR/CR
DR
CR
v ACCOUNT NAME
Visitin Bailff
Health Insurance
Increase
15.22
Decrease
15.22
0100
0100
22500100
22500100
51150000
53800000
DR
CR
A ointed Official
Worker's Comp
28.04
28.04
361st Distr
ict Court - To move moneys to a for the visiting bailiff at the end of Se tember 2008.
Juvenile Court Referee - To move mone s for the accrual of payroll expenses.
Prepared By:
Date:
" 115 Ps
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 53.2
FUND
0100
0100
0100
0100
0100
0100
DIV
11010000
11010000
11010000
11010000
11010000
11010000
ACCT
71040000
61020000
72190000
72201000
72202000
72206000
PROJ
DR/CR
CR
DR
DR
DR
DR
DR
v ACCOUNT NAME
Contract Placement
Autos
CPS Mediation Support
CRT Appointed Attorne s-CCL # 1
CRT A ointed Attome s-CCL # 2
CRT Appointed Attorneys-272ND
Increase
4,940.00
178.00
1,150.00
990.00
2,180.00
Decrease
9,438.00
Court Support Costs
To reallocate the bud et to allow for the a ment of Court Su ort Cost to complete fiscal year 2008.
Prepared By:
Date:
Department Approval Date
my Judge!ApprovaT"
Date
H-5 'Q-5 to
Contractual Agreement
Brazos County Soil & Water Conservation District
And
Brazos County Comissioners Court
Brazos County Soil and Water Conservation District #450, hereinafter called the District,
and Brazos County Commissioners Court, hereinafter called the County, does hereby
enter into a contractual agreement for the District to provide soil and water conservation
services to the residents of Brazos County and to the County proper. The Brazos County
SWCD as the recipient shall furnish to the County's Auditor, at a minimum,
documentation indicating the use of funds received from the County. The County's
Auditor may require the recipient to provide information necessary for the Auditor to
properly account for all funds expended or received by the entity.
Those services will include, but not be limited to, erosion control, water management,
and rural development. This will be carried out by planning and application through
informal agreements with land users, or, as required by Federal or State law. An
information and recognition program will be used to inform the public. Technical
assistance is utilized through a Memo of Understanding between the District and the
USDA - Natural Resources Conservation Service.
Erosion control will keep the land productive for its various uses for many generations.
Sediment resulting from erosion clogs our local streams reducing water carrying capacity
and resulting in local flooding. Excessive siltation ruins our local wetlands, and;
therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants
directly into our local streams and rivers. Conservation practices consist of erosion
control structures, erosion control ponds, gully shaping, diversions, vegetation old fields,
proper management of grazing resources.
Water management includes recommendations for proper irrigation, flood control, and
water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves
that resource for tomorrow's uses including domestic consumption. Proper irrigation
helps to keep agriculture pollutants from entering underground water supplies.
Conservation practices include total evaluation of irrigation systems and application
procedures, precision land leveling, and underground pipelines. Water management
includes floodplain management.
The District's role in Rural Development in Brazos County is in providing fire protection
utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal,
as well as provide a reliable source of water to fight rural fires. Farm ponds provide the
water and we plan the dry hydrant system. The District is evaluating the use of artificial
wetlands to replace septic tank filter fields. The prospects are very promising, but, much
work remains to be done before this technology can be implemented. Water quality in
rural Brazos County will be greatly enhanced if this method can be used.
Page 1 of 2 oil and Water Conservation Dist. Contract
115 :.b7
The District agrees to indemnify and hold the County harmless for any and all claims of
whatsoever nature or kind, which may arise as a result of the District's fulfillment of this
agreement.
If the Brazos County SWCD should fail to comply with the terms of this agreement,
Brazos County may terminate the contract by sending Brazos County SWCD notice of
termination, effective 30 days after such notice. In the event of termination, the monies
paid by the County to the District shall be pro-rated to the effective date of termination.
The District and the County have interacted ever since the inception of the District in
1942. Many conservation problems affect not only the individual landowner but the
County itself.
The District contract to Brazos County to provide the above services for FY 2009 for
$ 500
p,
Preston I R o Ell
Chairman
Brazos County SWCD #450
Date: 1,-.5
D
11, 1/ Date: to - ~l- ~ 9
Page 2 of 2 Soil and Water Conservation Dist Contract
i 15 a5 8
CONTRACT
THIS CONTRACT 1S ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through Its duly elected County Commissioners (hereinafter "County"), and the
BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center
(hereinafter "Provider"), located in Bryan, Texas.
RECITALS:
WHEREAS, the County has the objective of providing support services to the victims of
sexual assault; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing support services to
victims of sexual assault through funds provided by the County.
NOW THEREFORE, the parties above stated agree to the following terms and conditions
to provide such support services.
TERM
This contract shall continue in force and effect for a term of twelve (12) months
commencing on the 1°t day of October, 2008, and terminating 3& day of September, 2009.
CANCELLATION
This contract may be canceled by any parties hereto upon sixty (60) days written notice
as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
The Provider will provide services to victims of sexual assault and their families. These
services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group
counseling; community awareness programs; Speaker's Bureau; training and supervision of
volunteers; training for law enforcement agency personnel, the medical community, clergy, staff
of the District Attorney's office and psychologists.
USE OF COUNTY FUNDS
Funds to be fumished to Provider as stated herein below shall be used to pay operational
expenses of the Provider, including rent, telephone expenses, and office supplies, as described in
Exhibit A - Budget, attached hereto and made a part hereof for all purposes.
Brazos County Rape Crisla Center
Contractual Agreement FY 00
Page 2
COUNTY'S LIABILITY FOR PAYMENT
The County agrees to reimburse the Provider a maximum amount of money totaling
$ for the term of this Contract.
This sum shall be paid upon the following date and in the following amount:
October 15, 2008 $
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services pursuant to this Contract:
1. Maintaining this Contract;
2. Providing of the Provider's Services;
3. Maintaining data files on client's and the Services provided thereto;
4. Respond to all and any inquiries by the County regarding the Center and its Services;
5. Assist the County with information needed for audit purposes;
6. Provide the County with quarterly financial statements;
7. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith;
8. Provide the Commissioners Court with statistics evidencing the number of Brazos
County residents using the Provider's Services and the percentage Brazos County
residents comprise of the total population using Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Provide County funds for the payment of the consideration stated herein.
2. Conduct a review of the Provider's performance In providing the Services to be
provided hereunder in order to assess County's continued participation in the funding of
the Provider.
05 d (P
Brazos County Rape Crisis Center
Contractual Agreement FY 08
Page 3
RECORD RETENTION
The Provider shall be responsible for record keeping on all Services provided to those
individuals using Its services and all financial records of the Center. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitation of state law, any and all records the County determines, in its
sole discretion, to be necessary for the Court to justify its continued participation in supporting the
Provider with funding. Such records shall be retained for at least four (4) years from the date the
service was provided. These records shall be made available for inspection and audit by the
County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate against any employee or applicant for employment
because of race, color, sex, or national origin. The Provider shall take affirmative action to
ensure that applicants who are employed are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; and selection for training,
including apprenticeship. The Provider agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one another harmless
from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from
the breach, violation or non-performance of the services stated herein and for any damage to any
person resulting from any action or omission or negligence on the part of each party hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent contractor and not
any employee or agent of the County and that each shall maintain at Its own expense, adequate
liability insurance to Insure against damages and liabilities which may arise due to the duties and
obligations contracted for herein.
115
Brazos County Rape Crisis Center
Contractual Agreement FY 08
Page 5
This Agreement contains the entire understanding between the parties hereto concerning
the subject matter contained herein. There are no representations, agreements, arrangements,
or understanding, oral or written, between or among the parties hereto, relating to the subject
matter of the Agreements, which are not fully expressed herein.
ASSIGNABILITY
This Contract is not assignable by the Provider without the prior written consent of the
County.
ENTIRE AGREEMENT
DATED this day of 2008,
Bra
Brazos County Rape Crisis Center, Inc.
By:
ATTEST:
KAREN McQUE N, County Clerk
115
By: .
DR. NANCY ERTSCH, President
ATTEST'
Executive Director
LFSWA i STVA I~
~~a
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
HIS IN ERLOCAL AGREEMENT is hereby made and entered into this ;u day of
v, 2008, by and between the BRAZOS COUNTY PRECINCT 4
VOLUNTEER FIRE DEPARTMENT ("Department") and BRAZOS COUNTY, TEXAS,
("County"), each acting by and through its duly authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire
department to provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it more cost effective to contract with a volunteer fire
department than to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services
and would benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions contained herein, agree as follows:
SCOPE
1. Department shall provide Fire Protection Services to any person who requests it within
the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part
hereof for all purposes; provided however, if assistance is requested by other volunteer
fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if
possible. A more detailed map of the various Fire Districts can be obtained at the Brazos
County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802,
and the parties agree to use the records maintained by that office if a question about the
boundaries of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9-1-1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance
with Subchapter D of Chapter 419, Government Code. The condition of equipment
provided hereunder is the sole responsibility of its Department. If the equipment is
damaged or destroyed, the financial responsibility is the Department's and may be
recovered through insurance acquired by the Department, or through any other resources
available to the Department. The County is not responsible for damage to equipment or
injury to any person, or for the actions of the Department except as expressly provided in
this agreement.
Pct. 4 VFD Contract
l ~5 b3 Page 1 of 4
a
PAYMENTS
4. County agrees to provide the budget appropriations necessary to fund Department at its
present level of service and shall pay Department the sum of Twenty-nine Thousand and
no/100 Dollars ($29,000.00) upon execution of this contract.
5. The County shall make all payments to Department for these services from current
revenues.
TERM AND TERMINATION
6. This Agreement shall be for a term of one (1) year commencing on October 1, 2008, and
terminating at midnight on September 30, 2009; provided however, this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either party as set froth below. Such Annual
Renewal Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate
this Agreement, without cause, upon thirty (30) days written notice of such termination.
Should the Agreement be terminated, the rights and obligations of the Parties hereunder
shall terminate, except that the rights and obligations of the Parties that have accrued
under this Agreement prior to the date of termination shall survive. In the event of a
termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and
refunded within thirty (30) days of such termination.
NOTICES
7. 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:
Department: Brazos County Precinct 4 Volunteer Fire Dept.
P.O. Box 4186
Bryan, Texas 77805
Attn: Joe Ondrasek, Fire Chief
County: Brazos County
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
Attn: Randy Sims, County Judge
Pct. 4 VFD Contract
I15 ov) Page 2 of 4
DEFENSE OF CLAIMS
8. If any party to this contract is sued by any third party for any acts or omissions arising
from the performance of this Agreement, the parties agree that the provision of fire
protection services is a governmental function, and pursuant to Local Government Code
§352.004, which provides that when fire protection is provided outside the municipalities
in a county, it is an act of the County, the Department and its personnel are considered
agents of the County. However, nothing in this Agreement shall be construed as making
either Party responsible for the payment of compensation and/or any benefits for the
other Party including health, property, motor vehicle, workers' compensation, disability,
death, and dismemberment insurance for the other Party's employees and/or equipment.
Nothing in this Agreement shall be construed as making the requesting Party responsible
for wages, materials, logistical support, equipment, and related travel expenses incurred
by the responding Party.
9. The County does not waive or relinquish any immunities or defense it has under law, on
behalf of itself, its officers, employees or agents as a result of its execution of this
Agreement and the performance of the covenants herein.
MISCELLANEOUS PROVISIONS
10. 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.
11. This Agreement is the entire agreement between the Department and the County relating
to the provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer
any rights on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by the authorized representatives of all parties.
14. 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.
15. Failure of any Party at any time, 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
Pct. 4 VFD Contract
Page 3 of 4
or the right of any party thereafter 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 Party(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.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating
the use of funds received from the County. The County's Auditor may require the
recipient to provide information necessary for the Auditor to properly account for all
funds expended or received by the entity.
This Agreement shall be effective when signed by the last party whose signing makes the
Agreement fully executed.
Brazos County Pct. Wolunteer Fire Department
By:
e On rasek, Fire Chief
Date: /o & fig85
Pct. 4 VFD Contract
B
By,
Randy SX, County Judge
Date: /O 1v2y I0 S
ATTEST:
By: L
ren McQueen, County Clerk
7aa~ren Page 4 of 4
Its a~r~
INTERLOCAL AGREEMENT
INTERLOCAL AGREEMENT
FIRE PROTECTION SERVICE
Pagel of 3
THIS INTERLOCAL AGREEMENT is hereby made and entered into thisc~ 8 day of
2008, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT
("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly
authorized agents;
WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to
provide fire protection pursuant to Local Government Code §352.001; and
WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than
to purchase equipment and operate a County fire department; and
WHEREAS, the Department has the personnel and equipment to provide such services and would
benefit by the payment of funds by the County.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained
herein, agree as follows:
SCOPE
1. Department shall provide Fire Protection Services to any person who requests it within the
confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof
for all purposes; provided however, if assistance is requested by other volunteer fire
departments for Precinct 2, 3, and 4 it shall provide services in these areas, if possible. A
more detailed map of the various Fire Districts can be obtained at the Brazos County
Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the
parties agree to use the records maintained by that office if a question about the boundaries
of the Precincts should arise.
2. All requests for services under this Agreement shall be through the 9-1-1 Emergency
Communications District, which dispatches fire protection units for the County.
3. Department will maintain fire fighting equipment and certified personnel in compliance with
Subchapter D of Chapter 419, Government Code. The condition of equipment provided
hereunder is the sole responsibility of its Department. If the equipment is damaged or
destroyed, the financial responsibility is the Department's and may be recovered through
insurance acquired by the Department, or through any other resources available to the
Department. The County is not responsible for damage to equipment or injury to any
person, or for the actions of the Department except as expressly provided in this
agreement.
PAYMENTS
4. County agrees to provide the budget appropriations necessary to fund Department at its present
level of service and shall pay Department the sum of Twenty-nine Thousand and no/100
Dollars ($29,000.00) upon execution of this contract.
5. The County shall make all payments to Department for these services from current revenues.
TERM AND TERMINATION
115 ~ ~7
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INTERLOCAL AGREEMENT
Page 2 of 3
6. This Agreement shall be for a term of one (1) year commencing on October 1, 2008, and
terminating at midnight on September 30.2009; provided however, this contract shall
automatically renew for additional, successive one (1) year terms at the expiration of the
preceding term unless earlier terminated by either party as set froth below. Such Annual
Renewal Terms shall be on identical terms and conditions as set forth herein, except the
Parties may agree in writing to an increase or decrease in the amount of funding set forth
in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this
Agreement, without cause, upon thirty (30) days written notice of such termination. Should
the Agreement be terminated, the rights and obligations of the Parties hereunder shall
terminate, except that the rights and obligations of the Parties that have accrued under this
Agreement prior to the date of termination shall survive. In the event of a termination, the
fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty
(30) days of such termination.
NOTICES
7. 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:
Department: South Brazos County Fire Dept.
P.O. Box 501
Millican, Texas 77866
Attn: Emily Staples, Fire Chief
County: Brazos County
200 South Texas Ave., Ste. 332
Bryan, Texas 77803
Attn: Randy Sims, County Judge
DEFENSE OF CLAIMS
If any party to this contract is sued by any third party for any acts or omissions arising from the
performance of this Agreement, the parties agree that the provision of fire protection
services is a governmental function, and pursuant to Local Government Code §352.004,
which provides that when fire protection is provided outside the municipalities in a county,
it is an act of the County, the Department and its personnel are considered agents of the
County. However, nothing in this Agreement shall be construed as making either Party
responsible for the payment of compensation and/or any benefits for the other Party
including health, property, motor vehicle, workers' compensation, disability, death, and
dismemberment insurance for the other Party's employees and/or equipment. Nothing in
this Agreement shall be construed as making the requesting Party responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred by the
responding Party.
9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of
itself, its officers, employees or agents as a result of its execution of this Agreement and
the performance of the covenants herein.
I/.5 96(Y
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1NTERLOCAL AGREEMENT
MISCELLANEOUS PROVISIONS
Page 3 of 3
10. 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.
11. This Agreement is the entire agreement between the Department and the County relating to the
provision of fire protection services and supersedes any and all prior agreements,
arrangements, or understandings, whether written or oral.
12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights
on any third parties.
13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to
writing and signed by the authorized representatives of all parties.
14. 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.
15. Failure of any Party at any time, 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 thereafter 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 Party(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.
16. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of
funds received from the County. The County's Auditor may require the recipient to provide
information necessary for the Auditor to properly account for all funds expended or
received by the entity.
This Agreement shall be effective when signed by the last party whose signing makes the Agreement
fully executed. 'In
South Brazos County Fire Department Brazos County, Texas
By:.
Emily Staples, Fire Chief
Date: /D-/$= Dy,
ATTEST:
~C
By:
K ren McQueen, County Clerk
Br
By
Date:
I L5, a6 9
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CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 28, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Building Maintenance McKee-el, Mechelle R. Resignation
County Attorney Vasquez, Miguel Transfer to another Department
County Clerk Wright, Rebecca New Hire
Exposition Complex Thompson, Hank Resignation
Juvenile Services Densey, Christopher Change in Group
Matlock, Deborah Transfer to within Department
Murr, Aston Transfer to within Department
Road and Bridge Rhodes, Ryan H.
Resignation
Sheriff's Office- Jail Barrow, Randall
Step Increase
Bohne, Jason
Step Increase
Caballero, Arbam
New Hire
Canterberry, Marshall
Step Increase
Garbs, Judy
Step Increase
Hardin, Warren D.
Step Increase
Hathaway, Timothy
Step Increase
Kadilak, Paul
Step Increase
Krc, Helene
Step Increase
Lamb, Ryan
Step Increase
Lindley, Douglas
Step Increase
Melton, Janet
Step Increase
Miller, Abigale
Step Increase
Mitchell, Cameron
Step Increase
Moore, Wayne
Step Increase
Murray, Sylvia
New Hire
Pena, Ignacio
Step Increase
Preston, Mary Ann
Step Increase
Quast, Michael
Step Increase
Rudd, Torri
Step Increase
Stetter, John
Step Increase
Thomas, Cynthia
Step Increase
Thompson, Natasha
Step Increase
Velazquez, Dennis
Step Increase
Waller, Courtney
Step Increase
Wright, Kathryn
Step Increase
Approved in Commissioners' Court: October 28, 2008:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
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2009 Brazos County Resolution
Indigent Defense Grant Program
WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties
are eligible to receive grants from the Task Force on Indigent Defense to provide
improvements in indigent defense services in the county; and
WHEREAS, this grant program will assist the county in the implementation of the
provisions of the Fair Defense Act and the improvement of the indigent criminal defense
services in this county; and
WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or
misuse of the funds, Brazos County Commissioners assures that the funds will be
returned in full to the Task Force on Indigent Defense.
NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this
county is designated as the Authorized Official to apply for, accept, decline, modify, or
cancel the grant application for the Indigent Defense Formula Grant Program and all
other necessary documents to accept said grant; and
BE IT FURTHER RESOLVED that the County Judge is designated as the Program
Director and contact person for this grant and the County Auditor is designated as the
Financial Officer for this grant.
6(l
Adopted this,,-1 9 day of 20(
Attest:
C /KC
County Clerk
Internet Submission Form
After submitting the formula grant application on-line, the following Internet submission
confirmation~}} number as received #200902120081020. This grant application
submisX'Vwas in 9 ordancgewith the Commissioners Court Resolution above.
Randy Sims
County Jud
Is
RELATOR:
BVGS*
Brazars Valley Office Solviions
mist" uavref
RELATEE {herelnsfter referred to as
Brazos County Justice of the Peace Pct 4/Constable Pcr 4/Maintenance
Address city
Surge Protector
and included accessories
Dual Scan Doc Feeder, 3000-Sheet
60 MONTHLY RENTAL PAYMENTS OF $ 25222
^,NEILB. w~ r^ Cyr g D yes You (the Rentee spedied
above) want to acquire the above Equgrmext from Vendor. You
want Lis, as Reltdr, to buy the Equpment and then rent t to
You. This Reuel Agreement (this 'Agreement) wni begin co
the ~ the Equpment Is delivered to You (or any later date
may charge You a reasonable fee to cover
doctarattation and Investigation costs. This Agreement is
NON-CANCELLABLE FOR THE ENTIRE AGREEMENT
TERM. YOU UNDERSTAND THAT WE ARE BUYING THE
EQUIPMENT BASED ON YOUR UNCONDITIONAL
ACCEPTANCE OF THE EQUIPMENT AND YOUR PROMISE
TO PAY US UNDER THE TERMS OF THIS AGREEMENT,
WITHOUT SET-OFFS, EVEN IF THE EQUIPMENT DOES
NOT WORK PROPERLY OR IS DAMAGED FOR ANY
REASON, INCLUDING REASONS THAT ARE NOT YOUR
FAULT. If any amount payable to Us is not paid when due, YOU
will pay Us a 'late charge" equal to; 1) the greater of tan (10)
cents for each dollar overdue or twenty-six ($26.00) dollars; or
2) the highest lawful charge, whichever is less.
NO WAA R&=, We are renting the Equipment to You As
IS, We do not manufactue the Equipment and are rat mated
to the Verxlm. You selected the Equipment and the Vendor,
based on your an judgmeniL You may contact the Vendor for
a statement of the warraritles, If any, that the Vendor or
hhanufacbaer Is Providing. We hereby assign to You the
warranties glverh to Us, If any. WE MAKE No WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILM OR FITNESS FOR A PARTICULAR
PURPOSE, IN CONNECTION WITH THIS AGREEMENT.
You agree to settle arty dispute You may have regarding
Pettibima0ce
Vendor. of the EgWPreert drectty with the manufacturer w
EQUIPMENT USE AND R& AIR, The Equipment shall be
used for buslnes5 purpose, only and the risk of von-compliance
with any applca* tam Is Yours, You shall keep the Equipment
In good working order and not nave it without Our written
acknowledgment Except for normal wear and tear, You are
responsible for any damage or loss to the Equfpme tt We are
not reHxwsdble for, and You we Indemnify us agakhst, arty
dabs, dosses or damages, Including attorneys fees, in any way
relating to or connected with a defect in, or the use, possession
or existence of the Equipment. IN NO EVENT SHALL WE BE
RESPONSIBLE FOR ANY CONSEQUENTIAL OR
MIRECr DAMAGES.
END OF MM: If you fail to 1) return the Equipment to Us in
Average Saleable Condition, to a location specified by Us at the
end of the Agreement teem (or any renewal tern); or 2) deliver
to Us written notice at least sixty (60) days plot to the
expiation of the term or renewal term, then this Agreement will
Rental Agreement
Deck, 1000-Sheet Finisher, Network FAX
483151
plus tax SECURITY DEPOSIT $
lvme4M ~,aeme wrwmon- means the Equipment is
Immediately available for use by another rentee without the
need Of any repair. At the termination of this Agreement If
You have riot defaulted, your security deposit will be refunded
to You without Interest Your security deposit may be
Commingled with our other assets. You also agree to
reimburse Us for repair costs. You may not payoff this
Agreement in full and return the Equipment prior to the end
Of the Agreement term without our consent and We may
charge You, In addition to the other amounts owed under this
Agreement; an early termination fee equal to live percent
(5%) Of the total amount We paid for the Equipment
OWNERSHIP TITLE AND UCC's: Except for any software
covered by this Agr ement the "Software", We are the owner
of the Equipment and have title to it, You appoint Us as
attorney-In-faR to execute and file on your behalf, and at
your cost, Uniform Commercial Code (ucc) firwncing
statement(s) to show our Interest in the Equipment,
SOFTWBR : We do not have tide to the Software. We are
not responsible for the Software or the obligations owed by
ether You or the licensor under any License Agreement for
the Software. Except as provided in this paragraph, all
references to "Equipment" In this Agreement includes the
Software.
INSURANrx: You agree: (a) to keep the Equipment fully
insured against loss at Its replacement cost, with Us named
as loss payee; (b) to maintain comprehensive public liability
Insurance acceptable to Us; (c) to Provide proof of insurance
satisfactory to Us no later than thirty (30) days following the
commencement a this Agreement, and thereafter upon Our
written request; (d) if You fall to obtain and maintain property
loss Insurance satisfactory to us and/or you fall to provide
proof of such insurance to Us within thirty (30) days of the
commencement of the Agreement, We have the option, but
not the obligation, to secure property lass insurance on the
Equipment from a carver of Our choosing In such forms and
amounts as We deem reasonable to protect Our interests; (e)
if We place insurance on the Equipment, We will not name
You as an Insured and Your Interests may not be fully
Protected; (f) if We secure insurance on the Equipment, you
will pay us an amount for tike premium which may be higher
than the premium that You would pay If You placed the
Insurance Independently and may result In a profit to us
through an investment In reinsurance. Any Insurance
proceeds received wni be applied, at Our option, (1) to repair,
restore or replace the Equipment, or (11) to pay Us the
remaining balance of the Agreement plus Our estimated
residual value, both dilscounted at 6% per year.
IBXES= You agree that You win Pay when due all taxes
THIS AGREEMENT IS NOT BINDING ON US UNTIL WE SIGN BELOW. THIS AG
M T IS
Ref
RELATOR: (As Stated Above) RENT Stated AI
By: Date Accepted: x
(Signature) c,
ULL AGREEMENT TERM.
UNCONDITIONAL GUARANTY
The undersigned unconditionally guarantees that the Rentee will timely perform all obligations under this Agreement The undersigned also waives any notification If the Rentee is In
default and consents to any extensions or modifications granted to the Rentee. In the event of default, the undersigned will Immediately pay all sums due under the terms of this
Agreement without requiring Rentor to proceed against Rentee, any other party or the Equipment, The undersigned consents to personal jurisdiction, venue, choice of law and jury trial
waiver as stated In the "Miscellaneous' paragraph above and agrees to pay all costs and expenses, Including attorney's fees, Incurred by Rentor related to this guaranty.
Individually
P0201S_O407
s,Cr^ULr: It You do not pay any sum by Its due date, or
You breach any other term of this Agreement or any other
agreement with Us, then You will be in default of this
Agreement If You default, We may require that you
pay 1) all past due amounts under this Agreement, and 2)
all future amounts owed for the unexpired berm, discounted
at the rate Of 6% per annum. Upon a default, We may also
loose to repossess the Equipment If We do not choose
to repossess the Equipment, You will also pay to Us our
booked residual value for the Equipment We can also use
any and all remedies available to Us under the UOC or any
other law, YOU agree to pay all the costs and expenses,
including attorney's fees, We Incur In any dispute related to
this Agreement or the Equipment You also agree to pay
interest on all past due amounts, from the due date until
paid, at the lower of One and one-half percent (13%) per
month or the highest lawful rate.
ASSIGNM YOU have no right to sen, assign or
sublease the Equipment or this Lease. WE MAY SELL OR
ASSIGN THIS LEASE OR OUR RIGHTS IN THE
EQUIPMENT, IN WHOLE OR IN PART, TO A THIRD
PARTY WITHOUT NOTICE TO YOU. YOU AGREE THAT IF
WE SELL OR ASSIGN AN INTEREST IN THIS LEASE, THE
ASSIGNEE WILL HAVE OUR RIGHTS, BUT WILL NOT
HAVE OUR OBLIGATIONS AND WILL NOT BE SUBJECT
TO ANY CLAIM, DEFENSE OR SET-OFF THAT YOU
COULD ASSERT AGAINST US OR ANY OTHER PARTY.
WAIVER OF A F s 2 .}CTS: You agree that this
Agreement is a 'finance lease" as that tern is defined in
Article 2A of the UCC. You hereby agree to waive any and
all rights and remedies granted to You by Sextons 2A-508
through 2A-522 of the LICC, including the right to reject or
revoke acceptance of the Equlpment
&I L eNIM: You agree that this Agreement Is the
entire agreement between You and Us regarding the rental
of the Equipment and supersedes any purchase order you
Issue. Any change must be In writing and signed by each
party. We may accept a facsimile copy of this Agreement
as an original. IF THIS AGREEMENT IS ASSIGNED,
YOU AGREE THAT ANY DISPUTE ARISING UNDER
OR RELATED TO THIS AGREEMENT WILL BE
ADJUDICATED IN THE FEDERAL OR STATE COURT
WHERE THE ASSIGNEE`S CORPORATE
HEADQUARTERS IS LOCATED AND WILL BE
GOVERNED BY THE LAW OF THAT SATE. YOU
HEREBY CONSENT TO PERSONAL JURISDICTION
AND VENUE IN THAT COURT AND WAIVE ANY
RIGHT TO TRANSFER VENUE EACH PARTY WAIVES
ANY RIGHT TO A TRIAL BY JURY.
Individually
220
i~~7"7
ACCOUnt bervlces 1U/ZU/"LUUti 11:U'/:1d AM NAUh 1/U()1 rax Server
Non-Appropriation of Funds Addendum
This is an addendum ("Addendum") to and part of that certain agreement between
GreatAmerica Leasing Corporation ("Obligee") and Brazos County Of DBA Justice of the Peace
Precinct 4 ("Obligor"), which agreement is identified in Obligee's records as agreement number 493151
("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the
meanings given to such terms in the Agreement.
You hereby represent and warrant to Us that as of the date of the Agreement, and throughout
the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of
the Agreement full power and authority to execute the Agreement; and that all required procedures
necessary to make the Agreement a legal and binding obligation of the Obligor have been followed; (b)
the Equipment is essential to the immediate performance of an authorized governmental or proprietary
function and shall be used during the Agreement Term only by You and only to perform such function;
(c) that all payments due and payable for the current fiscal year are within the current budget and are
within an available, unexhausted and unencumbered appropriation.
In the event You are not granted funds in future fiscal years for the Equipment subject to the
Agreement or for equipment which is functionally similar to the Equipment and operating funds are not
otherwise available to You to pay the rent and other payments due under the Agreement, and there is
no other legal procedure or available funds by or with which payments can be made to Us, and the
appropriation did not result from an act or omission by You, You shall have the right to return the
Equipment in accordance with the terms of the Agreement and terminate the Agreement on the last day
of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of
Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for
the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and
(c) You have exhausted all funds legally available for payment of rent.
GreatAmerica Leasing Corporation Brazos County Of DBA Justice of the Peac
Precinct 4
Obligee or
Signature
Name & Title of Signer Name &
Date Accepted: flat?
07NA_1207
IIS C~- l S
BVGS*
Brazos Valley Office solutiarrs Maintenance Agreement
MR STAR SdR"a
Bill To:
Brazos County Maintenance/Constable Pct 4/ Effective Date: Upon Installation
Justice of the Peace Pct 4
P.O. Box 914
Bryan, TX Zip 77803
Beginning Meter Reading
Phone Number 979-361-4380
Fax Number 979-361-4385
Attention: Megan Conkel
E-mail: mconkelna co brazos tx us
Equipment Location/Directions: 206 N. Washington Ave
(Physical Address)
B an TX Zip 77803
Phone Number 979-361-4380
Model Serial # Total Conies Price
Copystar CS-5050 60,000/year $ 85/month
Monochrome
Copier/Network
Printer/Color Scanner
with 3000-sheet paper
drawers, 1000-sheet
finisher with stapler,
surge protector, copier
stand, delivery & set-up
Monthly Total Maintenance: $ 85 Per Month
Overage Charges: $ 0.0085
This agreement includes: Travel, delivery, labor parts developer, toner & drum (excludes
a er
Software Rider: The Software Rider will provide free installation ofprint/scan drivers on any
new computer added after the initial installation of equipment. It will also include re-installation
of drivers due to new computer upgrades and software changes. For this service we will adjust
your mee itenance b-v $ th. If you elect not to choose the software rider and require
so-ins at ' in e future yo will be billed at $100 per hour.
Customers thorized Signature Date
BVOS Authorized Signature Date
Note: All prices subject to applicable tax
1 4;~7q
BVGS*
Brazes Valley Office Solutions
M* STAI S1#VsCS
Maintenance Agreement (Page Two)
This Maintenance Agreement applies only to the equipment and customer on the front side of
this document.
The term "Maintenance Agreement" as used herein includes any further amendments,
modifications or supplements made hereto. Customer acknowledges that he or she has read this
Maintenance Agreement and understands it and agrees to be bound by its terms and conditions.
This Maintenance Agreement covers service calls, Monday through Friday, 8:00 a.m. to 5:00
p.m. excluding holidays.
Your copier/fax/printer is designed to give excellent performance with manufacturer supplies
including developer and toner. If the customer uses supplies other than supplies recommended by
Brazos Valley Office Solutions, then BVOS may at its option terminate this Maintenance
Agreement and the unused portion of the maintenance charge may be forfeited. (This action also
may void the warranty). In that event, the customer may be offered service on a time and
material basis at current rates.
This Maintenance Agreement does not cover:
Consumable items such as paper, toner, developer, or drum, unless otherwise stated on
front side. Loading or reloading of software or upgrades to software after initial installation
unless software rider is checked on front of this agreement. Misuse, abuse or neglect of the
copier in regard to the damage of parts, drums, their subsequent replacement and labor cost is
the responsibility of the customer. Misuse is defined as, but not limited to; Damage cause by
paper clips, staples, liquid spillage or paper and materials not recommended by BVOS. Damage
or loss resulting from perils such as fire, theft, water damage or any other cause internal or
external to the machine. The use of unauthorized parts, components, modifications or personnel
to affect repairs or changes which result in a service call or excessive service calls may be billed
to the Customer and/or void this Maintenance Agreement with the unused portion of the
maintenance charge forfeited.
If toner is included in maintenance agreement, and usage exceeds an average of 10% on black &
white fill and/or 30% on color fill, BVOS has the right to renegotiate contract.
It is the customer's responsibility to provide subsequent copier training to their personnel.
Service calls due to operator error may result in additional charges. In such a case BVOS will
provide ample forewarning to Customer before additional charges are accrued.
Should customer move equipment from one zone to an outlying zone, there may be an additional
charge. Should customer move equipment out of established service zones, this Maintenance
Agreement may become void.
Customer agrees to provide suitable electrical service for the specified equipment.
No waiver of any of the provisions of this agreement shall be deemed, or shall constitute a
waiver of any other provision, whether or not similar, nor shall a waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Vol•-115 Pa~~ -aso
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bride NUMBER 56001000
DATE OF COURT MEETING: October 28, 2008
ITEM: Request from Brazos Valley Services to construct a road bore to install a 4 -inch PVC
conduit at a minimum depth of 4 feet (for communications/internet access) in the right of way of
Stewart's Meadow. Site is located in precinct 4
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITT ,D-TW: APPROVED BY:
Richard F. Vance, P.E. ommissio r Carey
County Engineer Precinct 4
CC2008-072 /
This Request is Appproved OJ by Commissioners' Court
Date: 14Z/z ~ \
Randy Sii , County Judge
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF.BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE!
BRYAN, TEXAS 77803>>~~
Formal notice is hereby given that (applicant) C~llS ,Vt~b v)
place a (type) within the right-of-way of (road) oses o
Brazos County, Texas as follows: f
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
The County Engineer must be notified 72 hours prior to the beginning of
construction in order that he, or his designated inspector, may inspect the
actual Installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or lower
-any such tine at no cost to Brazos County, should same.become
necessary - due to widening or lowering, or other alteration of the roadway
or right-of-way.
4. Brazos County will in no way be responsible for any damage which might
occur to any existing utility lines in the right-of-way.
S. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24"y-lower
than the lowest part of the drainage or bar ditch and the drainage is to be
considered. at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after tha~~ay of COTI-0020O
Firm: - V a l le J~~V 11.x- 5
By: ~/J)
Title:
Address:. 126. & a7wzlf,~ P
Phone:
APPROVED BY. COMMISSIONERS'
COURT ON: .
Date
` `
Randy Sims, C my ZJudge
5 0?so
Z 'd Z990 'ON ;2pijg peoa d(uiio) soteag WdZO:Z BooZ -8 'daS
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OT
AGREEMENT
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF BRAZOS
THIS AGREEMENT, made and entered into this -61- day of
2008, by and between BRAZOS VALLEY VETERANS
MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by
and through its duly authorized agent and officer, hereinafter referred to as BVVM, and
the County of Brazos, State of Texas acting by and through its County Judge, duly
authorized to act, hereinafter referred to as COUNTY.
WITNESSETH:
WHEREAS, BVVM provides a public art memorial for residents and non-
residents of the COUNTY to have a dignified place of recognition for the service and
sacrifices made while in the uniformed services of this great nation and also provides an
educational venue to teach our children about those sacrifices; and
WHEREAS, the Commissioners Court of Brazos County finds that the memorial
and grounds constitute a museum and/or recreational area; and
WHEREAS, the COUNTY may provide funding to construct and/or maintain a
museum and/or recreational park or facility; and
WHEREAS, such activity serves a public purpose.
NOW, THEREFORE, COUNTY and BVVM hereby agree as follows:
I.
BVVM through its funding and support shall operate and maintain a memorial for
all veterans.
Brazos Valley Veterans Memorial Contract
Page 1 of 4
!l5 a sl
II.
COUNTY, for and in consideration of the services provided to COUNTY, hereby
agrees to pay to BVVM a lump sum payment of $25,000.00 for the year beginning
October 1, 2008 and ending September 30, 2009.
BVVM agrees to provide to the County's Auditor a detailed annual accounting of
monies paid by the County pursuant to the agreement.
III.
Nothing in this Agreement shall be construed as making the County responsible
for the payment of compensation and/or any benefits for BVVM including health,
property, motor vehicle, workers' compensation, disability, death, and dismemberment
insurance for the BVVM's employees and/or equipment. Nothing in the Agreement shall
be construed as making the County responsible for wages, materials, logistical support,
equipment, and related travel expenses incurred by the BVVM.
IV.
The parties understand that the County does not waive or relinquish any immunity
or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its
execution of this Agreement and the performance of the covenants contained herein.
Further, the County is not responsible for any civil liability that arises from any act or
omission made within the course and scope of this Agreement. The Parties understand
and agree that the County does not assume civil liability under any theory of law for the
actions of the BVVM in providing services hereunder.
Brazos Valley Veterans Memorial Contract Page 2 of 4
115 )3,5
V.
This Agreement shall continue in force and remain binding on each Party until
such time as either Party terminates said Agreement. It is mutually agreed that the Party
requesting termination shall notify the other Party, at least 90 days prior to any action
taken by either Party.
VI.
Any notice required to be given under provisions of this Agreement shall be in
writing and shall be duly served when it shall have been deposited, enclosed in a wrapper
with the proper postage affixed and duly certified, return receipt requested, in a United
States post office at the following addresses.
To the BVVM: Brazos Valley Veterans Memorial
PO Box 11055
College Station, TX 77842
Attention: Steve Beachy
To the County: Brazos County Judge
200 S. Texas Ave., Ste. 332
Bryan, Texas 77803
VII.
The Parties shall observe and comply with all applicable federal, Texas, and local
laws, rules, ordinances, and regulations affecting the conduct of services provided and the
performance of obligations undertaken by this Agreement. In case any one or more
provisions contained in this Agreement is held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision thereof, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
Brazos Valley Veterans Memorial Contract
Page 3 of 4
Il5 ~
VIII.
Mandatory and exclusive venue of any dispute between the Parties to this
Agreement shall be in Brazos County, Texas.
BVVM hereby agrees to hold COUNTY, its officers, agents, servants, and
employees harmless from any loss, damage, injury or claim arising from any negligent
act during the course of its operations.
WITNESS OUR HANDS this a (F U-1
day of J
Y ' , 2008.
BRAZOS VALLEY VETERANS MEMORIAL, INC.
By:
Steve Beachy, President
By:
Brian Hilton, Secretary/CIO
BRAZOS COUNTY, TEXAS I
By:
y Sim
Judge
CERTIFIED AS TO AVAILABILITY OF FUNDS:
By: I
Kat.;P r~ ~ J ~ a•+
Brazos Valley Veterans Memorial Contract
Page 4 of 4
BRAZOS COUNTY INDIGENT CARE AFFILIATION AGREEMENT
This Indigent Care Affiliation Agreement (the "Agreement") is entered into as of date
last signed below to be effective as of October 28, 2008 ("Effective Date"), by and
between St. Joseph Regional Health Center ("Affiliated Hospital") and Brazos County
("County") at the addresses provided at the end of this document.
RECITALS
A. Affiliated Hospital and the County collectively provide a significant amount of
uncompensated care to the Indigent annually in the communities they serve.
B. Reductions in Medicaid spending and a growing Medicaid and uninsured
population have created a gap between the costs hospitals incur for treating
Medicaid and Indigent patients and the reimbursement they actually receive.
C. The County and Affiliated Hospital recognize that the State will continue to under-
fund the Texas Medicaid Program, that the Indigent numbers in Brazos County will
continue to grow, and that the burden for providing health care to Indigent patients
will continue to shift to Affiliated Hospital, the County, and the local community.
D. The County and Affiliated Hospital desire to ensure that the Indigent have access to
and receive health care services.
E. The County and Affiliated Hospital recognize that it is in their best interest to
increase funding for the Medicaid population and to access local and federal
funding to which Affiliated Hospital is entitled under Medicaid supplemental
payment principles pursuant to Medicaid State Plan Amendment TX-05-011.
F. The County and Affiliated Hospital recognize the need to collaborate to ensure the
ability to deliver health services to Indigent patients in Brazos County and to ensure
the continued viability of the County's Medicaid providers.
G. The County and Affiliated Hospital intend for this Agreement to satisfy the legal
and administrative requirements for participation in the Medicaid supplemental
program authorized under Medicaid State Plan Amendment TX-05-011.
H. There is no agreement between the County and Affiliated Hospital that conditions
any amounts transferred by the County to fund supplemental Medicaid payments on
the amount of Indigent care Affiliated Hospitals have provided or will provide.
1. There is no agreement between the County and Affiliated Hospital that conditions
the amount of Affiliated Hospital's Indigent care obligation on any amount of
115
F
monies transferred by the County to fund supplemental Medicaid payments or on
the amount of the supplemental payment Affiliated Hospital might receive.
J. No escrow, trust, or other funding mechanism exists, the amount of which is
conditioned on the amount of Indigent care services provided by Affiliated
Hospital, and any escrow, trust, or other funding mechanism used in connection
with an intergovernmental transfer by the County has been disclosed to the state and
is not used to effect a quid pro quo for the provision of Indigent care services by
Affiliated Hospital.
K. The County has not received and will not receive refunds of payments the County
has made or will make to Affiliated Hospital for any purpose in consideration for an
intergovernmental transfer made by the County to fund supplemental Medicaid
payments.
In consideration of the promises and covenants contained in this Agreement, and for
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged and agreed, the parties agree as follows:
1.0 DEFINITIONS
1.1 "State Fiscal Year" means the twelve month period beginning September 1
and ending August 31.
1.2 "Health Care Services" means primary and preventive services designed to
meet the needs of the community, including, without limitation:
immunizations; medical screening services and annual physical examinations;
inpatient and outpatient hospital services; rural health clinics; laboratory and
x-ray services; physician services; payment for prescription drugs; skilled
nursing facility services, regardless of a person's age; and services that meet
the County's criteria for Indigent care provided under Sections 61.028 and
61.0285 of Chapter 61 of the Texas Health and Safety Code.
1.3 "Indigent" means any person eligible to participate in a state Medicaid
program, Children's Health Insurance Program ("CHIP"), a county Indigent
care program or hospital district Indigent care program as described in
Chapter 61 of the Texas Health and Safety Code, or a hospital charity care
program.
1.4 "Indigent Care" means treatment and services for the Indigent, including
inpatient and outpatient hospital and medical professional services.
2.0 COMMUNITY INDIGENT HEALTH CARE ASSESSMENT
15 ,)89
2.1 Methodology. Affiliated Hospital shall develop a process that solicits
participation from the County, the community and other sources for assessing
health care needs of the Indigent population in Brazos County and identifying
options to increase access to health care in the most cost efficient
environment. The process shall address at a minimum the following issues:
a. Expenses incurred by Affiliated Hospital and the County in providing care
for the Indigent;
b. Community, state, and federal resources and assets available for the
provision of Indigent health care; and
c. Opportunities for improving access to health care for Indigents through
participation in the Medicaid upper payment limit supplemental payment
program.
2.2 Assessment. On at least an annual basis prior to the beginning of each state
fiscal year, Affiliated Hospital shall develop an Indigent Health Care
Assessment that identifies both existing health care services that Affiliated
Hospital and the County have provided and gaps in available services.
3.0 REPRESENTATIONS
3.1 Affiliated Hospital Representations Affiliated Hospital represents and
warrants the following:
a. Affiliated Hospital is a Texas not-for-profit corporation, duly established
and created pursuant to applicable law with all requisite power and authority
to enter into this Agreement.
b. The execution, delivery, and performance of this Agreement by Affiliated
Hospital are within Affiliated Hospital's powers, are not in contravention of
any other instruments governing Affiliated Hospital, and have been duly
authorized and approved by their governance as and to the extent required
by applicable law.
c. Neither Affiliated Hospital, nor any of its agents or representatives are (i)
currently excluded, debarred, or otherwise ineligible to participate in the
federal health care programs as defined in 42 U.S.C. Section 1320a-7b(f)
(the "federal health care programs"); (ii) convicted of a criminal offense
related to the provision of health care items or services but not yet excluded,
debarred, or otherwise declared ineligible to participate in the federal health
care programs; or (iii) under investigation or otherwise aware of any
circumstance which may result in the exclusion of Affiliated Hospital or any
of their representatives from participating in federal health care programs.
d. This Agreement has been duly and validly executed and delivered by
Affiliated Hospital or their authorized agents and constitutes the valid, legal,
~l5 ago
and binding obligation of Affiliated Hospital, enforceable against Affiliated
Hospital in accordance with its terms.
3.2 County Representations. The County represents and warrants the following:
a. It is a political subdivision of the State of Texas, duly established and
created pursuant to the Texas Constitution with all requisite power and
authority to enter into this Agreement.
b. The execution, delivery, and performance by the County of this Agreement
are within the County's powers, are not in contravention of any other
instruments governing the County, and have been duly authorized and
approved by the Commissioners Court of the County as and to the extent
required by applicable law.
c. The County receives ad valorem tax revenues from property owners in
Brazos County.
d. Neither the County nor any of its representatives are (i) currently excluded,
debarred, or otherwise ineligible to participate in the federal health care
programs as defined in 42 U.S.C. Section 1320a-7b(f) (the "federal health
care programs"); (ii) convicted of a criminal offense related to the provision
of health care items or services but not yet excluded, debarred, or otherwise
declared ineligible to participate in the federal health care programs; or (iii)
under investigation or otherwise aware of any circumstances which may
result in the exclusion of the County or any of its representatives from
participation in federal health care programs.
e. This Agreement has been duly and validly executed and delivered by the
County and constitutes the valid, legal, and binding obligation of the
County, enforceable against the County in accordance with its terms.
4.0 OBLIGATIONS OF AFFILIATED HOSPITAL
4.1 Agreement to Cooperate. Affiliated Hospital agrees to work cooperatively_with
the County to improve access, availability, efficiency, delivery, and funding for
health care services provided to Indigent patients in the County.
4.2 Compliance with State and Federal Law. Affiliated Hospital agrees to ensure
that health care services it provides under this Agreement are provided in
compliance with applicable local, state and federal laws.
4.3 Documentation of Health Care Services Provided. Affiliated Hospital agrees
to provide to the County on a quarterly basis documentation of the amounts and
types of Indigent health care it has provided in the community.
115 1-~1I
4.4 Development of Community Indigent Care Assessment Affiliated Hospital
shall develop the Community Indigent Health Care Assessment and provide any
administrative support needed for that purpose.
4.5 Compliance with HIPAA and Access to Records. To the extent applicable=to
this Agreement, Affiliated Hospital agrees to comply with the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section
1320d et seq. ("HIPAA") and any current and future regulations promulgated
thereunder, including, without limitation, the federal privacy regulations
contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"), the
federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the
"Federal Security Regulations"), and the federal standards for electronic
transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic
Transaction Regulations"), all as amended from time to time and all collectively
referred to herein as "HIPAA Requirements." Affiliated Hospital agrees not to
use or further disclose any Protected Health Information (as defined in the Federal
Privacy Regulations) or EPHI (as defined in the Federal Security Regulations),
other than as permitted by HIPAA Requirements and the terms of this Agreement.
In addition, Affiliated Hospital agrees to comply with any state laws and
regulations that govern or pertain to the confidentiality, privacy, security of, and
to electronic transactions pertaining to, health care information.
Further, to the extent required by law, upon the written request of the Secretary of
Health and Human Services, the Comptroller General, or any of their duly
authorized representatives, Affiliated Hospital shall make available those
contracts, books, documents, and records necessary to verify the nature and extent
of the costs of providing services under this Agreement. Such inspection shall be
available for up to four (4) years after the rendering of such services
4.6 Support for Increased Medicaid Funding Affiliated Hospital agrees to work
collaboratively with the County to expand opportunities for Medicaid funding to
which the community is entitled.
5.0 OBLIGATIONS OF THE COUNTY
5.1 Agreement to Cooperate. The County agrees to work cooperatively with
Affiliated Hospital to improve access, availability, efficiency, delivery, and
funding for health care services provided to Indigent patients in the local
community.
5.2 Funding Non-Federal Share of Private Hospital Medicaid UPL. The
County agrees that any funding it may decide in its discretion to provide for the
Medicaid upper payment limit program that is submitted to the state will be
based solely of ad valorem tax revenues and that any amount so funded is not
conditioned on a required amount of indigent care services from Affiliated
Hospitals.
Ili x 0
5.3 Development of Community Indigent Health Care Assessment. The County
shall participate with Affiliated Hospital in the development of the Community
Indigent Health Care Assessment
5.4 Compliance with HIPAA and Access to Records To the extent applicable to
this Agreement, the County agrees to comply with the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section
1320d et seq. ("HIPAA") and any current and future regulations promulgated
thereunder, including, without limitation, the federal privacy regulations
contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"),
the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164
(the "Federal Security Regulations"), and the federal standards for electronic
transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic
Transaction Regulations"), all as amended from time to time and all collectively
referred to herein as "HIPAA Requirements." The County agrees not to use or
further disclose any Protected Health Information (as defined in the Federal
Privacy Regulations) or EPHI (as defined in the Federal Security Regulations),
other than as permitted by HIPAA Requirements and the terms of this
Agreement. In addition, the County agrees to comply with any state laws and
regulations that govern or pertain to the confidentiality, privacy, security of, and
to electronic transactions pertaining to, health care information.
Further, to the extent required by law, upon the written request of the Secretary
of Health and Human Services, the Comptroller General, or any of their duly
authorized representative, the County shall make available those contracts,
books, documents, and records necessary to verify the nature and extent of the
costs expended under this Agreement. Such inspection shall be available for up
to four (4) years after the rendering of such services
6.0 GENERAL PROVISIONS
6.1 Admission of New Affiliated Hospitals The County may amend this
Agreement to add one or more Affiliated Hospitals. A copy of any such
amendment shall be provided to each party to this Agreement.
6.1.1 Term and Termination. The initial term of this Agreement shall be
from its effective date until August 31, 2009. The Agreement may be
extended for additional terms of one (1) year each with the consent of
the parties to the Agreement, provided at least forty-five (forty-five)
days prior to expiration of the then-current term.
6.1.2 Any party may withdraw from this Agreement, without penalty at any
time by providing at least fifteen (15) days prior written notice to the
other party.
//_5
6.2 Change in Law. If any provision of this Agreement or the plan to deliver-health
care services pursuant to this Agreement is determined by the federal or state
government or by a court of law to be in violation of a federal or state law or
regulation, or there is a change in any state or federal law or regulation that
adversely affects this Agreement, then any party may propose by written notice a
new basis for continuation of the Agreement. If notice proposing a new basis for
continuation of the Agreement is given and the parties are unable to agree within
thirty (30) days on a new basis for continuation of the Agreement, any party may
withdraw from the Agreement immediately upon providing prior written notice
to the other parties.
6.3 Notices. All notices to be given under this Agreement shall be in writing and
shall be personally delivered or may be given by overnight carrier, by e-mail, or
by United States mail, postage prepaid, registered or certified mail, addressed to
the parties as follows:
County
Affiliated Hospital
Randy Sims
Brazos County Judge
Administration Building
200 South Texas Avenue, Ste 329
Bryan, Texas 77803
Mr. Jack Buckley
President & CEO
St. Joseph Health System
2801 Franciscan Drive
Bryan, TX 77802
6.4 Relationship Between the Parties No party to this Agreement is an agent or
employee of any other party.
6.5 Governing Law. This Agreement shall be governed by the laws of the State
of Texas.
6.6 Assignment. No party may assign any right, obligation, or responsibility
under this Agreement..
6.7 Third Party Beneficiaries. The parties to this Agreement do not intend to
establish any third party beneficiary relationship by virtue of this Agreement.
6.9 No Official To Benefit. No officer, employee, agent of the governing body of
each entity or any public officials of the governing body of the locality or
localities who exercise any functions or responsibilities pursuant to or under this
agreement, shall participate in any decision relating to this Agreement which
affects or conflicts with his/her personal interest or have any personal or
pecuniary interest, direct or indirect, in this Agreement.
7.0 Governmental/Sovereign Immunity. The parties expressly agree that no
provision of this Agreement is in any way intended to constitute a waiver or any
immunities from suit or from liability that Brazos County has by operation of law.
7.1 Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceable provision shall not affect
any other provision thereof and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained therein.
7.2 Triplicate Originals. This Agreement is executed in three (3) counterparts, each
of which shall have the full force and effect of the original Agreement, and each
of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date(s) set forth below.
AFFILIATED HOSPITAL
BY: 9A4~Q2
ck Buckley
Chief Executive Officer
St. Joseph Health System
BY:, A
i--
logy Pfitz. Y
Chief Executive Off er
St. Joseph Regional Health Center
BRAZOS
BY:
Randy Si 5e,
Brazos ounty Judge
ATTEST:
BY: <
Karen McQueen
Brazos County Clerk
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