HomeMy WebLinkAbout2008-11-18-6:00PM-REGULARr _
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BRAZOS COUNTY
BRYAN, TEXAS '¢I--)
NOTICE OF CORRECTED DATE
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 18 NOVEMBER 2008 AT 6=00 P_M_ IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE SUITE 106, BRYAN TEXAS_
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign m[erpretive services must be made two business days before the meeting. T. make arrangements, call (979) 361-4102_
Office of the County Judge 200 South Texas Ave- Suite 332 Bryan, Texas 77803 Fax: (979) 36-1503
11/16/2008 16:54
9793614125
COUNTY CLERK
PAGE 01
RRAZOS COUNTY
MY^ TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 18 SEPTEMBER 2008 AT 6:00 P.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
I. Invocation and Pledge of Allegiance = Commissioner Peters.
2. Call for citizen's input and/or concerns.
3. Update from the District Clerk on the NACo Prescription Card Program.
Consider and take action on agenda items 4 - 30:
4. Budget Amendment 07/08-55,1 tluu 55.2.
5_ Budget Amendment 08/09-7.1 thru 7.4.
6. Personnel Change of, Status.
7. Payment of Claims.
8. Annual Contract with Research Valley Partnership for operation. The amount of the
contract is $293,287. The term of the contract is I October 2008 through 30 September
2009 (previously tabled).
9. Appointment of Mayor Pro Temp Lynn Mcllhancy to the Brazos Valley Council of
Governments' Regional Planning Committee, representing the City of College Station.
Appointment term is I October 2008 thru. 30 September 2009.
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503
11;'18/2008 16:54 9793614125
COUNTY CLERK PAGE 02
COMMISSIORers Court Agenda
18 November 2008
Page 2
10. Resolution 08-019 establishing 21 December 2008 as National Homeless Persons'
Memorial Day, in recognitio.n of the people who have died on our streets, in our
emergency shelters, and in condemned or abandoned properties from ailments or
conditions directly related to homelessness.
11.. Proclamation 08-011 establishing 17-23 November 2008 as Global Entrepreneurship
Week, and 8 December 2008 as Global Business Incubation Day in Brazos County.
12. Contract with Homes 4 Good for Fiscal Year 2009 for foster care services; term of this
contract is 1 October 2008 through 30 September 2009.
13. Contract with Brazos Valley Community Action Agency, Inc. for Fiscal Year 2009 to
provide certain dental services to the County's indigent population; term of this
contract is 1 October 2008 through 30 September 2009.
14. Contract with Big Brothers Big Sisters of Central Texas for Fiscal Year 2009 for the
recruitment and screening of adult mentors used in their one-on-one mentoring program
for at-risk youth residing in Brazos County; term of this contract 1. October 2008
through 30 September 2009.
15. Agreement with Kent Moore Cabinets for the Development and Tax Abatement in
Reinvestment Zone #28.
16. County verification of the continuing production record and the reimbursement
maintenance invoice for the Texas Statewide Automated Victim Notification Service
(SAVNS formerly Imown as VINE), for the period of 1 September 2008 thru 31 August
2009.
17. Appointment of Stephen Simank as a non-paid deputy in the Precinct 2 Constable's
Office.
18. Request from the Precinct 2 Constable's Office for permission to retain the 2005 Ford
Crown. Victoria (Vin #2FAFP71W35X137465) for the new Deputy Migual Vasquez.
19. Tax Refund Applications for the following:
a. Rodney K. Walker
b. Robert & Julie Barnett
c. Jessie Steels
20. Permission to advertise RFP #2009-019, Expaztsion of Brazos County Exposition
Complex Phase L
21. Permission to readvertise RFP 42009-015, Transportation of Deceased to Medical
Examiner,
22. Copier lease agreement with CTWP for the Purchasing Department in the amount of
$171.82 per month.
The County Administration Building is wheelcbair acemsible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before tht meetiAg, To make arrangements, please call (979) 361-4102.
iii J 44
11/18/2008 16:54 9793614125
COUNTY CLERK PAGE 03
Com -tsdoners Court Agenda
18 November 2008
Page 3
23. Permission to sell two (2) motorgradcrs to Mustang Machinery via buyback as
approved in Bid #2004-003, mad signature on the invoice.
24. Capital requisition #00022103 to Mustang Machinery for $1.95,000 for two (2)
motorgradcrs for the Road. & Bridge ,Department.
25. Permission to award Bid #2009-05, Signs and Sign Posts, as follows:
a• Primary Vendor: Vulcan, lac,
b. Secondary Vendor: Osburn Associates
26. Permission to award Bid #2009-05, Flexible Base, as outlined on the Purchasing
Department's tabulation. sheet based on best price.
27. Permission to reject all bids and not award Bid #12009-12, Rental of Equipment with
Operator.
28. Permission to award Bid ##2009-13, Oversized Limestone Aggregate, as follows:
a. Primary Vendor: Statewide Materials Transport
b. Secondary Vendor: Knife River,
29. Permission to award Bid #2009-14, Asphalt, Oil and Emulsion, as follows based on
best price:
a. Primary Vendor: Cleveland Asphalt CRS-2 and SS-.1,
Martin Asphalt AEP Prime
b. Secondary Vendor: Sidco AEP Prime
Martin Asphalt CRS-2 and SS-1
30. Request from TAMU Utilities for permission to construct open-cut for water line
installations in the right of way of Luza Lane. Site is located in Precinct 4.
31. Announcement of interest items and possible future agenda topics.
32. Call for citizen input and/or concerns.
33. Agency / Board / Committee reports by Court members.
34. Adjourn
The County Administration Building is wheelchair accessible. .Handica parking spaces are available. Any request for sign
interpretive services must be made two working days before the mccting. o make arrangements, plcage call (979) 361-4102.
s:
COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 18, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners Courtroom in the
Brazos County Administration Building, 200 South Texas Avenue,
in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on
Tuesday, November 18, 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 Peters gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The District Clerk gave the Court an update on the NACo
Prescription Card Program. Brazos County is setting records
in that it has saved its citizens $36,000 in the last month
which is more than any other county.
Vol 114 Page 14~4
Commissioners Court meeting November 18, 2008 2
The next matter before the Court was Budget Amendment
407/08-55.1 through 55.2, which would increase the budget in
the District Attorney and DA Child Protective Services Title
VI-E Legal Grant, and reallocate funds for Emergency
Management. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is
attached.
The next matter before the Court was Budget Amendment
#08/09-7.1 through 7.4, which would reallocate funds for the
HAVA Grant, Emergency Relief; transfer funds from Contingency
to County Clerk Elections, Commissioners Court, Justice of the
Peace, Precinct 2, Place 1 and Place 2, Budget Office. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the change of status as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
Vol _ I I Page Iq7
Commissioners Court meeting November 18, 2008 3
7056260 through 7056483
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of a
Contract between Brazos County and the Research Valley
Partnership to provide for economic development services. The
Term of the contract is for one (1) year beginning October 1,
2008 and ending on September 30, 2009. Cost to Brazos County
is $293,287.00. On motion by Commissioner Peters, seconded
by Commissioner Cauley, the Court voted unanimously to
approve the contract and authorized the County Judge to
execute the document. A copy is attached.
The Court next considered the appointment of Mayor Pro
Temp Lynn McIlhaney to the Brazos Valley Council of
Governments Regional Planning Committee. On motion by the
County Judge, seconded by Commissioner Cauley, the Court
voted unanimously to remove this from the agenda as this
action has already been taken.
The next matter before the Court was consideration of
Resolution 08-019 establishing December 21, 2008 as National
Homeless Persons' Memorial Day, in recognition of the people
who have died on our streets, in our emergency shelters, and
Vol I I ~ Page 14?
Commissioners Court meeting November 18, 2008 4
in condemned or abandoned properties from ailments or
conditions directly related to homelessness. On motion by
Commissioner Cauley, seconded by the County Judge, the Court
voted unanimously to adopt Resolution #08-019 and declared
December 21, 2008 as National Homeless Persons' Memorial Day
throughout Brazos County. There will be a memorial service
that day for those who have died.
The Court next considered Proclamation 08-011,
establishing November 17 through 23, 2008 as Global
Entrepreneurship Week, and December 8, 2008 as Global
Business Incubation Day in Brazos County. James Lancaster of
the Research Valley Partnership spoke on the program. The
Court joins with the Mayors of the two cities in encouraging
the development of future entrepreneurs and their businesses.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve
Proclamation 08-011.
The next matter before the Court was consideration of a
contract with Homes 4 Good for foster care services. The cost
to Brazos County will be $37.00 per day/per child for basic
care and $67.32 per day/per child for moderate and specialized
care. The term of the contract is for 12 months commencing
October 1, 2008 through September 30, 2009. On motion by
Vol 11 ~p Page H5,
Commissioners Court meeting November 18, 2008 5
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to approve the contract and authorized the
County Judge to execute the document. A copy is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Community Action Agency, Inc. to provide certain dental
services to the County's indigent population. The cost to
Brazos County will be $15,000.00. 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 Brazos
Valley Community Action Agency and authorized the County Judge
to execute the document. A copy is attached.
The Court next considered a contract with Big Brothers Big
Sisters of Brazos Valley for mentoring at risk youth in Brazos
County. The term of the contract is from the time of signing
through September 30, 2009. The cost to Brazos County is
$10,000.00. On motion by Commissioner Mallard, seconded by
Commissioner Cauley, the Court voted unanimously to approve the
contract and authorized the County Judge to execute the
document. A copy is attached.
The Court next considered a Tax Abatement Agreement
Vol 1 1~ Page 160
Commissioners Court meeting November 18, 2008 6
between Brazos County and Kent Moore Cabinets, Ltd. The tax
exemption shall exempt the value of the land, buildings and the
other permanent improvements. Under the conditions of the
abatement the following rates shall be in effect for the
following years:
Year 0 of Abatement
2008 p0
2009 700
2010 700
2011 600
2012 500
2013 400
2014 300
2015 200
2016 100
On motion by Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to grant the tax abatement
to Kent Moore Cabinets.
The next matter before the Court was consideration of the
Texas Statewide Automated Victim Notification Service (SAVNS)
County Verification of Continuing Production Record. This was
formerly known as VINE. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to certify the continuing production record and
reimbursement maintenance invoice for submittal to the Office
of the Attorney General. A copy is attached.
The Court next considered a request from Constable
Vol 11w Page I 1~I
Commissioners Court meeting November 18, 2008 7
Precinct 2, Donald Lampo, to appoint Stephen Simank, as a non-
paid Deputy Constable. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously to
approve the request from Constable Lampo to appoint Stephen
Simank as a non-paid Deputy Constable subject to appointment
being within the allotted number of deputies.
The next matter before the Court was consideration of a
request from Donald Lampo, Constable, Precinct 2 to keep the
2005 Ford Crown Victoria for the new Deputy, Miguel Vasquez, as
he failed to make arrangements for a car for the Deputy. On
motion by Commissioner Peters, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Rodney K. Walker, over payment $57.26
b. Robert & Julie Barnett, over payment $3,245.67
c. Jessie Steels, over payment $1,264.86
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The next matter for consideration was approval for the
Purchasing Agent to advertise RFQ 2009-19, Expansion of Brazos
County Exposition Complex, Phase I. On motion by Commissioner
Vol I I ~p Page 15 a
Commissioners Court meeting November 18, 2008 8
Peters, seconded by Commissioner Mallard, the Court voted
unanimously to authorize the Purchasing Agent to advertise for
bids for the expansion of the Brazos County Exposition Complex.
The Court next considered a request form Pat Howard,
Purchasing Agent, to re-bid Bid No. 2009-015, Transportation of
Deceased to Medical Examiner. State law dictates that notice
of a proposed purchase must be published twice in the local
newspaper. The Eagle only published this one time so it needs
to be re-bid. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve the
request from the Purchasing Agent.
The next matter before the Court was consideration of a
request from Leslie Williams, Senior Buyer for approval of a
lease agreement for the Brazos County Purchasing Department
with CTWP. CTWP will provide a Lanier LD040SP with a 2,000
sheet paper deck and a network fax system. The monthly lease
rate is $171.82 per month. The lease will begin November 14,
2008. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve the
lease agreement.
The Court next considered a request from Charles Wendt,
Assistant Purchasing Agent, to sell two (2) Motor graders to
Mustang Machinery via buyback as approved in Bid #2004-003.
Vol I J Page 1 53
Commissioners Court meeting November 18, 2008 9
Mustang is offering to buy back the motor graders for $105,000
each. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve the
request.
The next matter before the Court was consideration of
Capital Requisition 00022103 to Mustang Machinery for $195,000
for two (2) motor graders for the Road & Bridge Department. On
motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
requisition. Commissioner Wassermann complimented the Road &
Bridge Department for the care of the machinery.
The Court next considered awarding Bid No. 2009-05, Signs
and Sign Posts. Charles Wendt, Assistant Purchasing Agent,
recommended acceptance of the bid as follows:
Primary Vendor - Vulcan, Inc.
Secondary Vendor - Osburn Associates
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 as noted. A copy of the bid tabulation is attached.
The next matter before the Court was consideration of
awarding Bid No. 2009-10, Flexible Base. Charles Wendt,
Assistant Purchasing Agent, recommended awarding the bid as
Vol II(F Page 154
Commissioners Court meeting November 18, 2008 10
noted on the tabulation sheet. On motion by the County Judge,
seconded by Commissioner Peters, the Court voted unanimously to
accept the recommendations of the Assistant Purchasing Agent.
A copy of the bid tabulation is attached.
The Court next considered a request from Charles Wendt,
Assistant Purchasing Agent, to reject the two (2) bids received
on Bid No. 2009-12, Rental of Equipment with Operator. Having
reviewed Brazos County's needs and the limited response to the
bid it is not believed that the expenditures in the coming
years will not exceed the $25,000 mark and therefore do not
warrant an award. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent, reject the
two bids received, and not award Bid No. 2009-12.
The Court next considered awarding Bid No. 2009-13,
Oversized Limestone Aggregate. Charles Wendt, Assistant
Purchasing Agent, made the following recommendations:
Primary - Statewide Materials Transport
Secondary - Knife River
on motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
contract as noted above. A copy of the bid tabulation is
Vol - 1 I Page ~~S
Commissioners Court meeting November 18, 2008 11
attached.
The Court next considered awarding Bid No. 2009-14,
Asphalt, Oil and Emulsion. Charles Wendt, Assistant Purchasing
Agent, made the following recommendation:
Primary - Cleveland Asphalt-CRS-2 and SS-1
Martin Asphalt-AEP Prme
Secondary - Sidco-AEP Prime
Martin Asphalt-CRS-2 and SS-1
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 as noted above. A copy of the bid tabulation is
attached.
The next matter before the Court was consideration of a
request from TAMU Utilities for permission to construct open
cut for water line installations in the right-of-way of Luza
Lane in Precinct 4. Richard Vance, County Engineer stated
everything appeared to be in order. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the request. A copy is attached.
There were no announcements of interest items and
possible future agenda topics.
There was no citizen input and/or concerns.
Vol 11 ~ Page (Ste
Commissioners Court meeting November 18, 2008
12
Under Agency/Board/Committee reports by Court members,
the following spoke:
Commissioner Mallard
a) The IGC met on Monday and discussed
modifying the "No Smoking Ordinance to make
it even stricter.
b) They are asking for issues to discuss with
the legislature.
There being no further business to come before the
Court, the meeting was adjourned.
Vol ( ! ( Page I G-7
The foregoing minutes of the Commissioners Court meeting held
November 18, 2008 have been examined and are approved in open
Court this the ~Q _day of U~C~efkL~Of` 2008, in Bryan,
it A IA-1 44-
_A4~d
Lloyd ssermann
Commissioner, Precinct 1
Duane Peters Kenny Mallar
Commissioner, Precinct 2 Commissioner, Precinct 3
rey C uley, Jr.
Commis ioner, Pre i t 4
Attest:
GG~ G
Taren McQueen
County Clerk
Vol ( I Page i 5 ~
Brazos County, Texas.
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06 1(00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-55.1 thru 55.2
On this the 18`h day of November 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 18 November 2008 the Court heard and approved a budget amendment for
the 2007-2008 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 11 September 2007, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 18`h day of November 2008.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
RandyXms, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
I1~ 1h1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 55.1
11!1 R!2AAR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
0100
0100
0100
19000100
19000100
19010000
19010000
51300000
53300000
51300000
53300000
CR
CR
DR
DR
Salary-Staff
Employee Health Insurance
Salary-Staff
Employee Health Insurance
7,200.00
1,910.00
7,200.00
1,910.00
District Attorney and DA Child Protective Services
To increase the budget in the Title VI-E Legal rant division based on the actual 2008 payroll expenditure. Reimbursement is based on
actual expenditures and during the budget process the amount is estimated then at year end it's reconciled and the budget is adjusted.
This is to adjust fiscal year 2008 budge t to allow for the re uest to agree to actual expenditures incurred.
Prepared By: i Department Approva l Date
Date: 11113/2008
.
County 7'Approval Date
11~ I &a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 55.2
11 /18/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 35500100 51300000 CR E ui ment-Electronic 106.00
0100 35500100 53300000 DR Employee Health Insurance 106.00
ITo reallocate funds to allow for the proper posting of salary accruals to close out the 2008 fiscal vear.
Departure tApproval Date
Prepared By: If
Date: 1111312008
County Judges pproval pate
i
o , e
1 J93
BRAZOS COUNTY TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09-7.1 thru 7.4
On this the 18th day of November 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 18 November 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 budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 18th day of November 2008.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy S) s, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
1/~ , -1(4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 7.1
11 /1 R/2nnR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3000
480351000
DR
Secretary Of State-HAVA Grant
225,703.25
3000
212100
80101000
CR
Buildin Renovations
321,567.00
3000
212100
71020000
DR
Computer Contracts
95,099.00
3000
212100
60600000
DR
Office Supplies
764.75
HAVA Grant
To reallocate funds to agree with remaining balance left in the rant for fiscal year 2009. More funds were spent out of the
ant in fiscal year 2008 than anticipate d. This will adjust the 2009 budget to the correct balance left for the rant.
Prepared By: iF
Dater ` 11112/2008
/ 65
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 7.2
4 414 A/9nm
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
611300000
CR
Contin enc -General Fund
1,405.00
0100
35500200
60380000
35500202
DR
Health Program Supplies
600.00
0100
35500200
61500000
35500202
DR
Printing
130.00
0100
35500200
61740000
35500202
DR
Telephone
100.00
0100
35500200
65510000
35500202
DR
Pest Control
500.00
0100
35500200
61450000
35500202
DR
Miscellaneous Expenditure
75.00
Emergency Relief
To appropriate funds for additional ex enses for Hurricane I
ke Sheltering Operations.
1
Devpan~t Approval' r Date,
Prepared By ~ .r , r , ifj~ - v
Date. 11/1212008
CountyJudg PProva Date;
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 7.3
A 1114 O Mnno
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
611300000
CR
Contingency-General Fund
4,400.00
0100
21002000
71502000
DR
Rental-Facilities
3,74U0-
0100
21002000
61880000
DR
Utilities
660.00
Coun Clerk-Elections
To appropriate funds for additional rental for the warehouse used to store election equipment.
The funds will be reimbursed to the eneral fund contin enc in the fiscal year 2010 budget.
-
Dgpar ni0it Approval - ~ Dat
Prepared_By cif,`
Data: 11/72/2008:
County;Judge pproVal W . Date
~r 167
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 7.4
i i m R/gnnA
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contin enc -General Fund
1,390.00
0100
11000100
60500000
DR
Office Equipment
540.00
0100
24201100
60500000
DR
Office Equipment
245.00
0100
24201200
60500000
DR
Office Equipment
245.00
0100
10500000
60500000
DR
Office Equipment
360.00
Contingency, Commiss
ioner Court, Justice of the Peace
2.1and 2.2, Budget Office
To provide funding for various office for lass to cover courtroom benches and desk.
Prepared By: ifj
Date: 11/1312008
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: November 18, 2008
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Employee Request
Action Reques-
Request(s)
Applies To
Building Maintenance
Mushinski, Linda
Budget Change
Constable Pct.I
Watkins, David
Cell Phone Allowance
County Attorney
Magee, William T.
New Hire
County Clerk
Ocon, Krystal
Transfer to Department
County Judge
Wiggins, Carol
New Hire
Information Technology
Lambright, Blake
Termination
Juvenile Services
Herrick, Amanda
Resignation
Ramirez, Ann
New Hire
Wood, JG
Transfer within Department
Road and Bridge
Greer, Kenneth R.
New Hire
Hill, Howard L.
New Hire
Ortiz, Vincent
New Hire
Sheriff's Office-Jail
Dockery, Monica
New Hire
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes;
rr~ i&9
j;
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS
AND THE RESEARCH VALLEY PARTNERSHIP, INC.
THIS AGREEMENT is made and entered into the I ~ day of 9()V 2008, by
and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the
State of Texas, (hereinafter referred to as "COUNTY"), and the RESEARCH VALLEY
PARTNERSHIP, INC., a Texas non-profit corporation (hereinafter referred to as "RVP").
RECITALS:
WHEREAS, the Commissioners Court of the COUNTY desires to stimulate business and
commercial activity in the County by developing an economic incentive program; and
WHEREAS the COUNTY wishes to contract with RVP to provide or cause to be
provided, certain economic development services in furtherance of the COUNTY's statutory
goals pursuant to TEX. LOC. GOV'T CODE ANN. §381.004, as amended, and to administer the
COUNTY's program for local economic development (herein the County's Economic
Development Program); and
WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax
base, provide more and better employment opportunities for its citizens and promote the general
public welfare; and
WHEREAS, it is important to the COUNTY to attract and expand business, commercial
and industrial enterprise in order to accomplish this purpose; and
WHEREAS, it is desirable, productive, and economical to work towards this goal
through an agency with specific expertise in this field; and
WHEREAS, the COUNTY desires to contract with the RVP for such business and
industrial development services; and
WHEREAS, the RVP is a Texas non-profit corporation whose purpose is to accomplish
all the above stated objectives; and
WHEREAS, the COUNTY has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter 262, Local
Government Code.
NOW, THEREFORE, in consideration of the mutual understandings and agreements set
forth, the COUNTY and RVP agree as follows:
RVP Funding Agreement FY 2009
page l of 8
iii 170
ARTICLE I
Qualifications of the RVP
1.1 The RVP represents that:
(a) The RVP is a non-profit entity that is authorized to promote economic
development in all or a portion of the County;
(b) The RVP is engaged in an on-going effort to attract new businesses to the
County, to encourage the expansion of existing businesses in the County, or to
retain existing businesses in the County;
(c) The RVP shall cooperate with and use the services of the Texas
Department of Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means those financial criteria used to
determine qualification for receiving Incentive Funds as set out in Exhibit "A"
attached hereto and made a part hereof for all purposes.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the COUNTY and any-
Employer/Business to receive Incentive Funds.
2.3 "Program Projects" means individual uses of the Incentive Funds, or a portion
thereof, to provide incentives or assistance to Businesses/Employers which
results in the public purpose of economic development, diversification, expansion,
and employment being served.
2.4 "Program Standards" means standards that an Employer/Business must meet in
order to qualify for Incentive Funds as set out in Article 6.2 herein.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of October 1,
2008, and ending on September 30, 2009, (the "Present Term"), unless earlier
terminated as provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written notice
to the other party in accordance with the provisions contained in Article 9.1
herein.
RVP Funding Agreement FY 2009 11b page 2 of 8
I ~I
3.3 Upon receipt of any termination, the COUNTY agrees to continue authorizing
funding for Program Projects which had been recommended by RVP and
approved by the COUNTY prior to such termination as a part of a Program
Project Agreement initiated under this Contract.
ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer the
COUNTY's Economic Development Program pursuant to the Program Standards
set forth in the COUNTY's Economic Development Program and set forth herein.
4.2 The administrative services to be provided include, but are not limited to:
(a) corresponding with and negotiating with potential or existing
Business/Employers for Program Projects that will develop, diversify
and/or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and/or serve the purpose of
eliminating unemployment in Brazos County.
(b) coordinating the County's Project Performance Standards for each
Program Project that is consistent with the Program Standards set out in
the COUNTY's Economic Development Program and herein;
(c) obtaining contracts on behalf of the County with Businesses/Employers or
Program Projects whereby the Business/Employer agrees to meet the
County's Project Performance Standards, and which provide assurances
that the County's Project Performance Standards will be met; and
(d) compliance with all requirements of this Contract.
4.3 The RVP shall receive the sum of Two Hundred Ninety-Three Thousand Two
Hundred Eighty-Seven Dollars ($293,287.00) as compensation for the
administrative services to be provided hereunder (herein the "Administration
Funds"). COUNTY shall pay such sum on a monthly basis by paying the RVP
one-twelfth (1/12) of the total sum referenced above.
ARTICLE V
Incentive Funding
5.1 COUNTY has appropriated -0- Thousand and No/100 Dollars
for the purpose of capitalizing its Economic Development Program for the
Present Term of this Agreement (herein the "Incentive Funds"). Said monies have
been budgeted for the current fiscal year and are payable out of current revenues.
Any monies not spent during the term of this Contract shall remain part of the
Incentive Funds appropriation and shall be available in future contract years for
use on Program Projects.
RVP Funding Agreement FY 2009
page 3 of 8
_Ill~ l7~
5.2 Payments of Incentive Funds shall be made by the County directly to the
qualifying Business/Employer after the Program Project(s) are approved by the
Commissioners Court.
5.3 The COUNTY Incentive Funds provided for in this Agreement shall be used only
in accordance with the Program Standards and for Program Projects.
5.4 All incentive funding contracts that are recommended by the RVP shall be entered
into between the County and a qualifying Business/Employee.
5.4 All incentive funding contracts will provide remedies to the County in the event
of the Business/Employer's failure to meet Project Performance Standards or
where the Business/Employer is otherwise in breach of its contract with the
County. The remedies must include the right to recover funds and other incentives
provided to the Business/Employer on a basis negotiated by the RVP and
approved by the County.
ARTICLE VI
Use of Incentive Funding
6.1 The Program administrated by the RVP hereunder consists of the use of the
Incentive Funds to develop and diversify the Brazos County economy, to
eliminate unemployment or under-employment, and to expand the local economy,
pursuant to the Program Standards and Guidelines set forth in the COUNTY
Economic Development Program and in this Contract.
6.2 Program Standards. The RVP shall not recommend to the COUNTY that a
Business/Employer receive Incentive Funds for a Program Project unless the
Business/Employer meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes,
assessments and/or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit discrimination in employment based on race, sex,
age, national origin, creed, religion, or disability (unless based on bona
fide occupational reason or a reason exempted or approved by the
Americans With Disabilities Act and the regulations promulgated
thereunder);
(e) agrees by written contact to meet performance criteria established by the
COUNTY in accordance with these Program Standards (hereinafter
"Project Performance Standards") as to the establishment, expansion, or
improvement of business operations in Brazos County, Texas and/or the
employment of residents of the COUNTY.
RVP Funding Agreement FY 2009
page 4 of 8
Il~ 173
(f) complies with the County's current Economic Development Guidelines
for financial assistance;
(g) if the proposed Program Project does not meet the specific job
retention/creation requirements set forth in (f) above, other positive effects
on the local economy of the proposed Program Project may be taken into
consideration by the RVP in determining whether to recommend to the
County the funding of a Program Project. These include:
(i) the impact of the Program Project on economically disadvantaged
individuals. An Economically Disadvantaged Individual is an individual
who:
(a) was unemployed for at least three months before obtaining
employment with the qualified business;
(b) receives public assistance benefits, including welfare
payments or food stamps, based on need and intended to
alleviate poverty;
(c) is an Economically Disadvantaged Individual, as defined
by Section 4(8), Job Training Partnership Act (29 U.S.C.
Section 1503(8));
(d) is an individual with handicaps, as defined by 29 U.S.C.
Section 706(8);
(e) is an inmate, as defined by Section 498.001 of the
Government Code;
(f) is entering the workplace after being confined in a facility
operated by the institutional division of the Texas
Department of Criminal Justice or under contract with the
Texas Department of Criminal Justice;
(g) has been released by the Texas Youth Commission and is
on parole, if state law provides for such a person to be on
parole; or
(h) meets the current low income or moderate income limits
developed under Section 8, United States Housing Act of
1937 (42 U.S.C. Section 14376, et seq.).
(ii) the need for the product/service provided by the
Business/Employer in the local area;
(iii) the estimated multiplier effect on the local economy of the
Program Project either due to the level of wages paid or the injection of
outside funds into the local economy (i.e., tourism, capital expenditures,
purchasing or materials from local businesses, etc.); and
(iv) the creation of part-time positions, and/or
RVP Funding Agreement FY 2009 11~ 04 page 5 of 8
(v) capital expenditures which have a material and direct positive
impact upon the local economy by providing the following benefits:
(a) increases in the local tax base;
(b) creation of ancillary jobs and/or jobs for Economically
Disadvantaged Individuals;
(c) attraction of other businesses;
(d). creation of new sales tax revenues;
(e). commercial development of new and existing areas;
(f). defining, enhancing and/or redefining job skill level of
locally available work force.
(vi) the quality of working conditions and benefits, and/or
(vii) the prospect of future expansion. Funding will only be provided
for such projects where approved by the County after review of the
applicable information provided by RVP and/or the Business/Employer to
the County.
(h) all contracts for Program Projects which may be in the form of cash grants or
other economic incentives must be in a form approved by the COUNTY and
COUNTY's legal counsel reasonably in advance of placement on the
Commissioners Court agenda for approval and.
(i) contain the Program Project Performance Standards applicable to the
Business/Employer, and the Business/Employer's agreement to comply therewith
in a set timeframe;
(ii) require periodic documentation of the Business/Employer's
compliance with the Project Performance Standards, and giving the RVP and the
COUNTY the right to inspect its operations and books to confirm the
Business/Employer's compliance with the Program Project Performance
Standards;
(iii) require the repayment to the COUNTY within sixty (60) days of
demand of the funds appropriated to the Program Project by the COUNTY if the
Business/Employer fails to meet the Project Performance Standards or otherwise
is in material breach of its contract with the COUNTY, and giving the COUNTY
the right to sue the Business/Employer to enforce the contact between the
COUNTY and the Business/Employer, and to recover all attorney's fees and costs
incurred in doing so;
(iv) require the Business/Employer to make draw requests for the
funding from the COUNTY, which requests must show in detail how the money
and/or property will be applied/used, or for what the reimbursement is sought, and
which contain such documentation as is required by the COUNTY; and
RVP Funding Agreement FY 2009 page 6 of 8
/ 1~ 17-/-
(v) Provide that the County is entitled to recover reasonable and
necessary attorney's fees and costs incurred in enforcing the contract.
(vi) require compliance with all applicable laws regarding the provision
of equal employment opportunities.
ARTICLE VII
Accounting
7.1 The RVP shall provide within 90 days after the close of the RVP's fiscal year, an
audited financial accounting or an internal audit financial report of the RVP
evidencing the use of monies and/or funds expended by the County to or on
behalf of the RVP.
ARTICLE VIII
Miscellaneous Terms
8.1 Notice. Notices or correspondence under this Agreement to either party from the
other may be personally delivered or sent by First Class Mail, or other reliable
courser.
Notice to the County shall be sent to:
Randy Sims, County Judge
Brazos County Courthouse
300 E. 26th Street, #114
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1500 Research Parkway, Suite 270
College Station, Texas 77845
8.2 Severability. No partial invalidity of this Agreement shall affect the remainder
unless the public purpose to be served hereby is so greatly diminished thereby as
to frustrate the object of this Agreement.
8.3 Amendment. During the term of this Agreement, if certain areas need further
clarification or revision, the parties will work in good faith to arrive at written
memorandums or understandings regarding those areas. Any amendment of this
Agreement must be in writing, and executed by a duly authorized representative
of each party.
8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors
except with the written consent of both parties.
RVP Funduig Agreement FY 2009
page 7 of 8
8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a
joint venture or partnership and that neither party shall have the authority to bind
or incur liability to the other. Furthermore, the RVP shall not be an employee or
agency of the COUNTY, but rather, is an independent contractor.
8.6 Applicability of Texas Law. The laws of the State of Texas shall govern this
Agreement, except where clearly superseded by federal law.
8.7 Venue. The place of performance of this Contract is Bryan/College Station,
Brazos County, Texas, and all consideration payable hereunder and things to be
done pursuant hereto shall be deemed to be payable and performable in
Bryan/College Station, Brazos County, Texas. Venue of any dispute arising out of
this Agreement or performance hereunder shall be fixed for all purposes in
Bryan/College Station, Brazos County, Texas. Disputes under this Agreement will
not be submitted to arbitration.
8.8 Entire Agreement and Binding Authority. This Contract supersedes and
constitutes a merger of all prior oral and/or written agreements and
understandings of the parties on the subject matter of this Contract and is binding
on the parties and their successors, agents and assigns.
8.9 Waiver. No waiver by either party of any provision of this Contract shall be
effective unless in writing, and such waiver shall not be construed as or implied to
be a subsequent waiver of that provision or any other provision.
RVP Fun61g Agreement FY 2009 T1 page 8 of 8
111 1
The signatories hereto have the authority and have been given any approvals necessary to
bind by this Contract the respective parties for which they sign.
BRAZOS COUNTY, TEXAS
By:
RESEARCH VALLEY PARTNERSHIP,
INC., a Texas non-profit corporation
By:
Larry Hodges
Chairman Ele
ATTEST:
B ~G
Karen McQueen
Brazos County Clerk
APPROVED AS TO FORM:
B
y
RVP Fundnig Agreement FY 2009
__)I~
page 9 of 8
X77 A
STATE OF TEXAS
COUNTY OF Brazos County
CONTRACT FOR FOSTER CARE SERVICES
This agreement entered into by and between Brazos County, on behalf of Brazos
County Juvenile Services Department, (hereinafter "Probation Department"), and Homes 4
Good, (hereinafter "Home").
1. THAT IN CONSIDERATION OF THE PROMISE TO:
Accept, perform and complete in contract with the Probation Department and in
accordance with the program known as Foster Care, hereinafter called the Program,
subject to and pursuant to the terms and conditions of the guidelines submitted by the
Probation Department. All rules, regulations, and guidelines pertinent and applicable
thereto, and further subject to all terms and conditions of this agreement;
2. To provide for the food, shelter, care and control of youth placed in the Home by
Disposition Order of the Juvenile Court or Conditions of Release by the Juvenile Court.
3. Account for all program funds received in cash, whether paid with state or matching
funds.
4. Maintain and make available for inspection, audit, or reproduction, by any authorized
representative of the Brazos County Auditor and State of Texas, books, documents and
other evidence pertaining to the cost and expense of this placement.
H. CONTRACT PERIOD:
The term of this Agreement is for 12 months, commencing October 1, 2008 -September
30, 2009. It shall be automatically renewed for one year terms thereafter, commencing
October ls` and ending September 30'', unless one party notifies the other in writing, at
least thirty (30) days prior to the expiration of said term, of its intention to not renew this
Agreement.
III. THE BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT DOES
HEREBY AGREE TO:
1. Delegate to the Home the authority and duties for services rendered in the application;
2. Provide the Home an amount per day ($37.00) for basic care from awarded funds for
each child kept in the home for services rendered as outlined in the application. Provide
the Home an amount of ($67.32) for moderate and specialized care. Provisions for each
of these levels of care is spelled out in
Level of care requirements. (Basic Care would include children that need structure,
educational support, a higher level of supervision and the development of normalized
social skills) (Moderate and Specialized Care would be children that have physical,
mental and emotional needs and behaviors that present more of a challenge. These
children need physical environments and treatment programs in which most activities are
116 11S
therapeutically designed to improve social, emotional and educational adaptive behavior.
These children may require psychological or psychiatric services which are integrated
into the foster home to assess and monitor any type of treatment plans).
3. Receive from the Home a report of services rendered for each month or portions
of a month, on cost per day for each child.
4. Each billing shall contain the Personal Identification Number (PID) of the Juvenile(s)
for whom payment is being requested along with the number of Days (stated
consecutively) for which payment is requested. Billing should begin no earlier than the
Court ordered day of Disposition or Court Conditions of Release into the program to
the end of the month and the first day of the month through the last day of the month
thereafter. Payment will be made in the form of a check issued by the Brazos County
Treasurer's Office no later than 30 days from receipt of original billing. Brazos
County will not accept copies or faxed invoices. The original invoice is required for
payment. No special exceptions will be made. Please do not call for status of
payment unless past the 30 day time period.
IV. HOMES FOR GOOD DOES HEREBYAGREE TO:
Homes 4 Good understands and agrees that clothing, medical, dental and other personal
expenses of the juvenile that occur while in foster care will be ordered paid for by the
parent/guardian of the child. The Homes 4 Good Foster Parents will be able to apply for
Medicaid for a child Juvenile Services places in their home without using any of the
Foster Parent Income to insure the child is eligible. This requires the completion of a
short form to be returned to The Health and Human Services Commission in Bryan,
Texas. (Contact person for questions about Medicaid coverage is Sharon Maass (979)
776-7457). As with any placement requirement, the child will have a physical exam and
dental exam provided by Brazos County before being placed in foster care. (If medical or
dental care is needed after being placed in foster care, the parent of the child or Medicaid
will cover. The foster parents will inform the probation officer when the child needs care)
2. The Foster Parents understand and agree that the Probation Officer will be allowed to
visit the juvenile in their home and they will also report to the probation department for
visits with the probation officer. (Note: If a juvenile leaves the foster home without
permission (runaway) the foster parent is to call the police and report them as a runaway
then call and let the probation officer know. If this is after hours the foster family will
then call and leave a voice mail message for the proper supervising officer, this can be
done by calling detention or the officers direct line. In case of a mental health issue the
foster parent will carry the child to the emergency room and notify MHMR and also
notify the probation officer in the same manner.) When a Foster parent wants to travel out
of the state with a juvenile in foster care they will need the probation officer to provide a
travel permit for this travel. The travel permit will need to be requested 7 days in
advance of traveling.
3. The Brazos County Juvenile Services will set up supervised visits with the
Parent/guardian if necessary; these visits will occur at the probation department. This
will be set out in the court order before the juvenile is placed in foster care. Juveniles may
also be allowed to go home for holidays or visits if approved by the probation officer and
the court. The foster parents or Juvenile Services will provide transportation to and from
the visits; parents or family members of the juvenile will not go to foster home.
I 1~ I 11 2
4. Homes 4 Good agrees to report to the Brazos County Juvenile Services any allegation of
abuse, neglect or exploitation made by youth placed in their Foster homes by Juvenile
Services. This must be reported to Juvenile Services as soon as Homes 4 Good is
notified, if after hours call and leave a voice mail message for proper supervising officer.
All notices to the Brazos County Juvenile Services Department shall be sent by
certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the
Executive Director, Douglas Vance. Further each notice will be sent by certified or
registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to
the Office of the County Judge, Randy Sims.
V. TERMINATION
1. Termination for cause shall be based upon contingencies as follows:
(a) If the Home fails to perform the services called for in this contract within the
specified term herein or extension thereof; or
(b) If the Home fails to perform any other provisions of this contract, or so fails to
perform the services as to endanger performance of this contract in accordance
with its terms, and in either of these two circumstances does not correct such failure
within a period of 10 days (or such extensions as authorized by the Probation
Department in writing), after receiving notice of default.
(c) The decision of the termination of the Probation Department shall be final and
conclusive unless within 60 days from the date of receipt of a written copy of the
decision the Home makes or otherwise furnishes to the Probation Department a
written appeal addressed to the Brazos County Juvenile Board. The decision of the
Juvenile Board shall be final and conclusive absent a showing of fraud, caprice
arbitrariness or gross error implying bad faith in which case suit may be brought in
some court of competent jurisdiction.
2. In the event of the failure of the Home and the Probation Department to agree as
provided under paragraph IV 2, the Probation Department shall pay to the Home the
amounts for completed services not yet paid for.
3. This Agreement may be terminated:
A. By either party upon thirty (30) days written notice to the other party of the intention
to terminate; or
B. Upon expenditure of available funds.
I I ~ 1 ?0 3
VI. WAIVER OF SUBROGATION,
Each party expressly waives any and all rights it may have of subrogation to any claims or rights
of its employees, agents, owners, officers, or subcontractors against the other party.
VII. SEVERABMITY.
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.
VIII. CONSTRUCTION
This Agreement shall be construed in accordance with the laws of the State of Texas.
IX. OFFICIALS NOT TO BE BENEFITED
No officer, member or employee of Texas Juvenile Probation Commission and no Member
of the governing body of the locality or localities in which the program is situated or being
carried out who exercised any functions or responsibilities in the review or approval of the
undertaking or carrying out of the project, shall participate in any decision relating to this contract
which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in
this contract or the proceeds thereof.
X. MINORITIES
The probation department will not discriminate against any application for Foster Care because of
race, color, religion, sex or national origin. The Home, by the same token, must ensure that
placements considered for their home may not be refused acceptance therein, because of race,
color, religion, sex, or national origin, unless professional evaluations indicate certain and explicit
conditions exist for special placements.
XI. ASSIGNMENT & SUBCONTRACT
Home may not assign nor subcontract any of its rights, duties and/or obligations arising out of
this Agreement without the prior written consent of Brazos County.
XII. INDEMNIFICATION
It is further agreed that Home will indemnify and hold harmless Brazos County and Juvenile
Services against any and all negligence, liability, loss, costs, claims, or expenses arising out of
wrongful and negligent act(s) of commission or omission of Home, its agents, servants, or
employees arising from activities under this Agreement. Home shall have no obligation to
indemnify and hold harmless Brazos County and Juvenile Services for any act(s) of commission
or omission of Brazos County's and Juvenile Services' agents, servants, or employees arising
from or related to this Agreement for which a claim or other action is made.
_,I l~n _ l SJ 4
XIII. GOVERNMENTAL 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 and its
agencies has by operation of law. Nothing in this Agreement is intended to benefit any third
party beneficiary.
BRAZOS COUNTY TEXAS
Randy Sims ounty Judge and
Brazos C ntv Juvenile Board Chair
Cb L C"
Doug Vance, E cutive Director
Brazos County Juvenile Services
Attest:
G
Karen McQueen
Brazos County Clerk
I1 ay
Date
Date
11-1q-0?
Date
SERVICE AGENCY
Date
Printed Name of Person Signing this form
i Ito
l 8~ 5
CONTRACT
THIS CONTRACT IS ENTERED into by and between BRAZOS COUNTY, TEXAS,
acting by and through its duly elected County Commissioners Court (hereinafter "County"), and
the BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC. (hereinafter "Provider"),
located at 504 East 27th Street, Bryan, Texas 77803
RECITALS:
and
and
WHEREAS, the County is obligated to provide for the health and safely of its citizens;
WHEREAS, the County is responsible to a degree for the support of the County's poor;
WHEREAS, the residents of Brazos County are not served by a public hospital or
hospital district; and
WHEREAS, the County, pursuant to the Indigent Health Care and Treatment Act, Health
and Safety Code, § 61.001 et seq. (the "Act"), is authorized to provide certain Dental Services to
the County's indigent population, including but not limited to dental care, laboratory and x-ray
services and physician services; and
WHEREAS, the County, pursuant to the Act, has authority to contract with a private
facility for the provision of such services; and
WHEREAS, the Provider, has established a clinic to provide such services to the
County's indigent and poor residents; and
WHEREAS, the parties hereto believe that a Contract for services between them can be
mutually beneficial.
NOW THEREFORE KNOW ALL BY THESE PRESENTS that for and in consideration
of the mutual benefits herein described, the parties agree as follows:
TERM
This Contract shall commence on the 1St day of October, 2008 and terminate on the 30th
day of September, 2009 (the "Contract Term").
This Contract may be canceled by either party hereto upon sixty-(60) days written notice
as provided herein.
Page ! of 5
' ~ ~ e ~ n
SERVICE TO BE PERFORMED BY PROVIDER
Provider shall provide the following services through trained, salaried staff to dental
patients who qualify for such services pursuant to guidelines currently implemented for making
such determination: interviews, lab work, physical exams, education information and medicine
as needed (herein "Dental Services").
COUNTY'S MONETARY COMMITMENT
County shall, on or before November 1, 2008, pay to Provider the sum of $ 15,000 . Such
sum shall be used to provide Dental Services to Brazos County qualified residents.
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following administrative services (herein
"Administrative Services") pursuant to this Contract:
1. Obtain all necessary application forms from potentially eligible individuals.
2. Obtain and compile information on each applicant with regard to residency
and financial qualifications.
3. Make a determination, based upon County approved standards, that the
applicant qualifies for Dental Services hereunder.
4. Maintain this Contract.
5. Maintain data files on clients and the Dental Services provided thereto.
6. Respond to all and any inquires by the County regarding the Clinic and it's services.
7. Assist the County with information needed for audit purposes.
8. Provide the County with quarterly financial statements.
9. Provide the County with any and all certified audits of Provider and the management
letter prepared in connection therewith.
10. Provide financial statements evidencing how County funds are spent. Such statements to
be submitted to County one week subsequent to such expenditure.
11. Provide the 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.
Page 2 of 5 10
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and requirements:
1. Fund its monetary commitment as stated herein.
2. Conduct a review of the Provider's performance in providing the Dental Services and
Administrative Services to be provided hereunder in order to assess County's
continued participation in the funding of the Provider and to verify Provider's
compliance with the terms of this contract.
3. Approve standards for eligibility for Dental Services hereunder.
RECORD RETENTION
The Provider shall be responsible for record keeping on all Dental Services provided to
those individuals using its services and all financial records of the clinic. The Provider agrees to
maintain and make available for inspection by the County upon request consistent with personal
privacy and subject to the limitations 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 and to verify compliance with the terms of this Contract.
Such records shall be retained for at least four (4) years from the date the Dental Services 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, religion, sex, or national origin. The Provider shall take affirmative
action to ensure that applicants who are employed are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer; recruitment 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 for provisions of this non-discrimination clause.
INDEMNITY
The Provider agrees to indemnify the County for and hold it 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 Dental and Administrative Services stated herein and for
any damage to any person resulting from any act or omission or negligence on the part of
Provider.
Page 3 of 5
INSURANCE
The parties hereto agree that the Provider is an independent contractor and not an agent
of the County and that Provider shall maintain at its own expense, adequate liability insurance to
insure against damages and liabilities which may arise due to the duties and obligations
contacted for herein.
COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge, no officer, agent or
employee of the County who exercises any function or responsibility in connection with the
carrying out of this Contract or the service to which it relates, has personal interest, direct or
indirect, in this Contract.
GOVERNING LAW
This Contract shall be executed in and shall be governed by the laws of the State of
Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be duly given by delivering
such notice or by mailing it, registered mail to the other party at the following addresses:
Brazos Valley Community Action Agency
504 East 27 h Street
Bryan, TX 77803
Brazos County
County Judge
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
FURTHER ASSISTANCE
Each party hereto agrees to perform any further acts and to execute and deliver any
further documents which may be necessary to carry out the provisions of this Contract.
SEVERABILITY
In the event that any of the provisions or portions thereof, of this Contract, is held to be
unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of
the remaining provisions or portions thereof shall not be affected thereby.
Page 4 of 5
ENTIRE AGREEMENT
The Contract contains the entire understanding between the parties hereto concerning the
subject matter contained herein. There are no representations, agreements, arrangements, or
understandings, oral or written, between or among the parties hereto, relating to the subject
matter of the Contract, which are not fully expressed herein.
ASSIGNABILITY
This Contract is not assignable by the Provider without the prior written consent of the
County.
DATED this IJ day of 2008
ATTEST:
nn Wfwd, County Clerk
l~kR.E+v tik;G~,~en
BRAZOS COUNTY
By
Randy Sinks, County Judge
BRAZOS VALLEY COMMUNITY
ACTION AGENCY, INC.
By:
arber, Ex ive Director
Page 5 of 5
00 [97
-ff-/
CONTRACT
Be it known, that on this 1st day of October 2008, Brazos County Commissioners Court and
Big Brothers Big Sisters of Brazos Valley, an agency of Big Brothers Big Sisters of Central
Texas, 315 Tauber, College Station, Texas (hereinafter referred "BBBSBV") do hereby enter
into contract under the following terms and conditions.
Scope of Services
BBBSSV hereby agrees to furnish the following services:
1. Immediately, upon acceptance of this contract, document persons involved in our
continuing recruitment and screening of adult mentors, utilizing approved Standards of
Practice of Big Brothers Big Sisters of America.
2. Provide, with funds received under this contract, one-to-one mentoring to a minimum of
10 at-risk youth residing in Brazos County. BBBSBV expects to provide services to a
minimum of 196 Brazos Valley youth by December 2008.
3. Monitor each "match" in compliance with BBB SA policies and Standards of Practice.
4. Prepare a year-end report of program that includes evidence of the impact of program on
youth participating in program.
Payment Terms
In consideration of the services described above, Brazos County Commissions Court hereby
agrees to pay the Contractor a maximum fee of $10,1900.
Taxes
BBB SBV is a not-for-profit 501-c-3 agency operating as an agency of BBBS of Central Texas.
BBBSBV hereby agrees that the responsibility for payment of taxes from the funds thus received
under this Contract and/or legislative appropriation (if applicable) shall be contractor's obligation
and identified under Federal tax identification number 74-1678586.
Term of Contract
This contract shall begin at time of signing and shall terminate on September 30, 2009.
THUS DONE AND SIGNED AT
IN WITNESS WHEREOF, the ardes have executed this Agreement as of this day of
WSIGNA S:
BY: Sharon Zambrzycki
Title: Director, BBBS of Central Texas
CONTRACTOR SIGNATURE:
By: Randy Sims,_Rra7ns ('.nnnty TuAge
'~l5
AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER TWENTY-EIGHT (28) FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT, CITY OF BRYAN, TEXAS
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political
subdivision of the State of Texas, acting herein by and through its duly elected County
Commissioners Court, (hereinafter referred to as "COUNTY"), and KENT MOORE CABINETS,
LTD., a Texas limited partnership (hereinafter referred to as "OWNER") acting herein by and
through its duly authorized sole general partner, Kent Moore Resources, LLC.
WITNESSETH:
WHEREAS, the City Council of the City of Bryan, Texas, adopted an ordinance on August
26, 2008 establishing Reinvestment Zone Number Twenty-eight (28) for Commercial-Industrial
Tax Abatement, City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHAPTER
312, TEXAS TAX CODE.
Now, therefore, in order to provide for the proper development of property in the Zone and
to aid in the conduct of the operation thereof to the best interest of Brazos County, Texas, in
accordance with the above-referenced ordinances and statute, the parties do mutually agree as
follows:
1. The real property on which the real property improvements, personal property and
equipment to be abated pursuant to this Agreement will be situated is an approximate 5.19 acre tract
portion out of Lot 3R, Block 5 and a portion of Lot 5A2-R, Block 5, Brazos County Industrial Park,
Phase III, in the City of Bryan, Brazos County, Texas and more particularly described by metes and
bounds in Exhibit "A" (the "Property" herein). The Property and all improvements constructed
1
I qq
thereon, and all personal property and equipment located thereon and related to the operation
thereof will be hereinafter referred to as "the Premises".
2. All of the following obligations of OWNER form the consideration for COUNTY
entering into this Agreement:
a. OWNER's construction of at least a 77,500 square foot expansion of
manufacturing/processing space (real property improvements) to be constructed at OWNER's
current Stone City Drive location in Bryan, Brazos County, Texas. Such expansion shall have a
value of at least $3,895,082 on the Property, as described by listing or by site plan on Exhibit
"B" to this Agreement, on or before December 31, 2009, and OWNER shall own and maintain
the Premises at or above this value during the 9 year period of this abatement under this
Agreement.
b. OWNER shall add and maintain on the Premises, the furniture, fixtures, and equipment
listed in Exhibit "C" (Personal Property herein) with a value of at least $198,241 (conveyor) to
the Premises on or before December 31, 2009,. and OWNER shall own and maintain the
furniture, fixtures and equipment at or above this value during the 9 year period of this
abatement under this Agreement.
3. OWNER agrees to construct all improvements, in all material respects, in accordance
with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of
Bryan, Brazos County, the State of Texas, and the United States, and any subdivision, agency or
authority thereof in effect at the time of development.
4. OWNER agrees that the site plan, exterior design drawings, specifications and materials
(hereinafter referred to as "Plans") for each improvement will be submitted to COUNTY, and/or its
2
designated representative, for approval, which Plans are incorporated herein for all purposes. An
official set of Plans will be designated by the OWNER and kept on file with the COUNTY.
5. OWNER shall keep the Premises insured against loss or damage by fire or any other
casualty at full replacement value by purchasing insurance or through a self-insurance program.
OWNER shall furnish the County's Risk Manager with either a certificate of insurance or
satisfactory documentation of its self-insurance program.
6. OWNER shall submit written notice to COUNTY within ninety (90) days after the
Premises are materially damaged by fire or any other casualty. The notice shall either set forth
the dates OWNER will commence and complete the repair, remodeling or renovation of the
damaged Premises or state that OWNER will not undertake such repair, remodeling or
renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or
renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or
renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY
shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax
revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas
Tax Code.
7. OWNER agrees to provide COUNTY and its designees access to the Premises during
regular business hours throughout the term of this Agreement for the purposes of inspection and
examination of books, records, construction, workmanship, materials, and installations to
determine that OWNER has complied with any requirement of this Agreement.
8. OWNER agrees to limit the use of the Premises consistent with the general purpose of
encouraging development or redevelopment within Reinvestment Zone No. 28 while partial
abatement of ad valorem taxes is in effect pursuant to this Agreement.
3
jqj
9. OWNER represents and warrants that no member of the Brazos County Commissioners
Court has an interest in the Premises and that the same are not owned or leased by any member
of the Brazos County Commissioners Court.
10. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans,
issuing building permits or making inspections in the event there is a defect in the improvements
constructed on the Premises. The relationship between COUNTY, OWNER, and any taxing unit
shall not be deemed to be a partnership or joint venture for purposes of this Agreement.
11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials,
and agents from and against any and all obligations, claims, suits, demands and liability or
alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and
related expenses arising in any manner from OWNER's construction, use and operation of the
Premises, provided, however, that OWNER shall not be required to indemnify and hold
COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct.
12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant
to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or
assessments becoming delinquent. OWNER shall have the right to contest in good faith the
validity or application of any such tax or assessment and shall not be considered in default
hereunder so long as such contest is diligently pursued to completion. In the event that OWNER
contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to
City prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and
keep COUNTY informed of the status of such contest. Should OWNER be unsuccessful in any
such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom.
4
4 1 qA
13. OWNER agrees that a default occurs if. (i) OWNER does not maintain the Premises in
good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any
material damage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER
fails to use the Premises for the purposes contemplated by this Agreement or allows the same to
become vacant; (iv) OWNER does not pay all non-abated taxes in the manner required by
Section 12 hereof, (v) OWNER fails to comply, in all material respects, with all applicable
statutes, administrative regulations, or ordinances of the United States, the State of Texas, Brazos
County and/or the City of Bryan governing the operations or maintenance of the Premises or the
conduct of OWNER's business in Bryan, Texas; (vi) OWNER fails to perform its obligations
under Section 2a. or 2b of this Agreement on or before December 31, 2009; or (vii) OWNER
fails to comply with any other duty or obligation arising under this Agreement. COUNTY shall
notify OWNER in writing of such default, and OWNER shall have thirty (30) days after receipt
of such written notice, to cure any default, if the default can reasonably be cured within such
thirty (30) day period. If the default cannot be reasonably cured within such thirty (30) day
period, OWNER shall have a reasonable period of time to cure the default provided that the
OWNER is diligently pursuing actions or measures to cure such default. If OWNER fails to
cure such default, or if OWNER's default can not be cured, COUNTY may, at COUNTY's sole
option (except as to a default defined in (ii) above, which shall be governed by Section 6 of this
Agreement) require OWNER to pay the current year's taxes in full or COUNTY may terminate
this Agreement and recapture from OWNER a sum of money equal to all of the tax revenues
COUNTY has lost due to the partial abatement of taxes on real property improvements, personal
property and equipment from the inception of this Agreement. Further, in the event of such
default, all such sums shall be treated as unpaid taxes and the COUNTY shall have a lien on all
5
iIG 193
of the Premises, including real properly, personal property and equipment previously subject to
abatement, to secure payment as though these sums of money were unpaid taxes. The remedies
listed in this paragraph shall be in addition to any other remedies that COUNTY may have, both
legal and equitable.
14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the
Premises are situated, no later than December 31, 2009 and on December 31St of each year
thereafter during the term hereof, a Statement of Compliance in the form attached hereto as
Exhibit "D" indicating that OWNER has or has not completed the improvements on the
PREMISES in accordance with the Plans or revised plans and further indicating that OWNER
has or has not complied with each applicable provision of this Agreement.
15. This Agreement shall be for a term of nine (9) tax/calendar years, unless sooner
terminated. COUNTY hereby grants to OWNER a partial exemption from ad valorem taxation
as set forth in this Section, subject to all of the terms and conditions contained in this Agreement.
The partial exemption from ad valorem taxation of real property improvements, personal
property and equipment during each tax year covered by this Agreement shall be computed by
taking a percentage of the increase in value of the Property and the Premises on January 1St of
each tax year over the value on January 1St of 2008, which is the year this Agreement was
executed by OWNER and COUNTY. The agreed value of the Premises was $36,960.00 on
January 1, 2008, which was derived from existing records and the best estimate of value
available from the Brazos County Appraisal District. The partial exemption percentages are as
follows:
Tax Year Percentage of Increased Value over
January 1, 2008 Value to be Abated
Year 1 (2008)
0%
6
III 1q4
Year 2 (2009)
70%
Year 3 (2010)
70%
Year 4 (2011)
60%
Year 5 (2012)
50%
Year 6 (2013)
40%
Year 7 (2014)
30%
Year 8 (2015)
20%
Year 9 (2016)
10%
At the conclusion of Year 9, the abatement shall expire and OWNER shall pay all taxes due and
owing on the Premises.
16. Miscellaneous.
a. Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in effect, such
provision shall be automatically deleted from this Agreement and the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in
lieu of such deleted provision, there shall be added as part of this Agreement a provision that is
legal, valid and enforceable and that is as similar as possible in terms and substance as possible
to the deleted provision.
b. Texas law to apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created hereunder are
performable by the parties in Brazos County, Texas. Venue for any litigation arising under this
Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas.
C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior
understandings or written or oral agreements between the parties.
d. Amendments. No amendment, modification or alteration of the terms hereof shall
be binding unless the same shall be in writing and dated subsequent to the date hereof and duly
7
U~ iqs
executed by the parties hereto. Any proposed amendment, modification or alteration shall be
provided to the City of Bryan, Texas for review and comment prior to adoption by the Brazos
County Commissioners Court.
e. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party shall not
preclude or waive its right to use any and all other legal remedies. Said rights and remedies are
provided in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
f. No Waiver. COUNTY's failure to take action to enforce this Agreement in the
event of OWNER's default or breach of any covenant, condition, or stipulation herein on one
occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to
enforce this Agreement on subsequent occasions.
g. Assignment. OWNER shall not assign this Agreement without the written
approval of the Brazos County Commissioners Court. A change in ownership of a majority of
the limited partnership interests or a change in the General Partner of OWNER is an assignment
for the purposes of this paragraph provided such change in ownership is not a result of a death or
divorce. If OWNER assigns this Agreement without written approval of the Brazos County
Commissioners Court, this Agreement shall terminate immediately and the partial abatement of
taxes on real and personal property and equipment provided for herein shall cease from the date
such unauthorized assignment occurred.
h. Notices. COUNTY and OWNER hereby designate the following individuals to
receive any notices required to be submitted pursuant to the terms of this Agreement:
8
lll~ 196
COUNTY
Brazos County Judge
300 E. 26`h Street
Bryan, Texas 77803
CITY
City Manager
P.O. Box 1000
Bryan, Texas 77805-1000
OWNER
Kent Moore Cabinets, Ltd.
Attn: Teresa Galliher
1460 Fountain Avenue
Bryan, Texas 77802
The parties hereto have executed this Agreement in duplicate originals, each of equal
dignity. Each party has stated the execution date below the signature of its authorized
representative. If the parties sign this Agreement on different dates, the later date shall be the
effective date of this Agreement for all purposes.
ATTES
aren McQueen, County Clerk
f BRA C TY,
APPROVED AS TO FORM:
.
Tiff Snelling, jssistant County Attorney
Randy S' s, Coun Judge
Exec ed on: l(~ Y
KENT MOORE CABINETS, LTD.,
A Texas limited partnership
By: Kent Moore Resources, LLC,
Its General Partner
By: _ I
Teresa Gallih
d(r
Vice President - Human Resources
Executed on: Is ~d Ilet~~~ a'jw
9
u~ lq'7
EXHIBIT A
METES AND BOUNDS DESCRIPTION
OF A
5.19 ACRE TRACT
PORTION OF LOT 5B, BLOCK 5
BRAZOS COUNTY INDUSTRIAL PARK, PHASE III
BRYAN, BR AZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN BRYAN, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A
PORTION OF LOT 5B, BLOCK 5, BRAZOS COUNTY INDUSTRIAL PARK, PHASE III, ACCORDING
TO THE PLAT RECORDED IN VOLUME 8690, PAGE 122 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF STONE CITY
DRIVE (100' R.O.W.) MARKING A NORTH CORNER OF SAID LOT 513 AND THE EAST CORNER OF
LOT 4R, BLOCK 5 (PLAT 4585/44);
THENCE: S 50° 06' 29" E ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE FOR A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 50° 06'29"E CONTINUING ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE
FOR A DISTANCE OF 398.15 FEET TO A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE
POINT IN SAID LINE;
THENCE: S 50'07'19" E CONTINUING ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE
FOR A DISTANCE OF 21611 FEET TO A POINT MARKING THE MOST EASTERLY CORNER OF
THIS HEREIN DESCRIBED TRACT;
THENCE: THROUGH SAID LOT 513 FOR THE FOLLOWING CALLS:
S 390 53'3 1 " W FOR A DISTANCE OF 173.61 FEET TO A POINT;
N 500 06'29" W FOR A DISTANCE OF 49.81 FEET TO A POINT;
S 390 53'31 " W FOR A DISTANCE OF 268.83 FEET TO A POINT;
N 50° 06'29" W FOR A DISTANCE OF 300.69 FEET TO A POINT,
N 39° 53'3 1 " E FOR A DISTANCE OF 270.50 FEET TO A POINT;
N 500 06'30" W FOR A DISTANCE OF 233.29 FEET TO A POINT;
S 390 52' 57" W FOR A DISTANCE OF 365.00 FEET TO A POINT;
N 500 06'29" W FOR A DISTANCE OF 30.56 FEET TO A POINT;
S 390 53'3 1" W FOR A DISTANCE OF 68.76 FEET TO A POINT;
o lq?
N 50" 06'29" W FOR A DISTANCE OF 189.51 FEET TO A POINT;
N 39° 533 E FOR A DISTANCE OF 147.36 FEET TO A POINT;
S 500 06'29" E FOR A DISTANCE OF 189.52 FEET TO A POINT;
N 390 52' 57" E FOR A DISTANCE OF 458.29 FEET TO THE PONNT OF BEGINNING
CONTAINING 5.19 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND.
BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED
FROM GPS OBSERVATION.
THE ABOVE LEGAL DESCRIPTION DESCRIBES THE EXACT SAME TRACT OF LAND AS THE
FOLLOWING:
METES AND BOUNDS DESCRIPTION
OF A
5.19 ACRE TRACT
PORTION OF LOT 3R, BLOCK 5 AND
A PORTION OF LOT 5A2-R, BLOCK 5
BRAZOS COUNTY INDUSTRIAL PARK, PHASE III
BRYAN, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN BRYAN, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A
PORTION OF LOT 3R, BLOCK 5, BRAZOS COUNTY INDUSTRIAL PARK, PHASE III, ACCORDING
TO THE PLAT RECORDED IN VOLUME 4584, PAGE 44 OF THE OFFICIALPUBLIC RECORDS OF
BRAZOS COUNTY, .TEXAS, AND A PORTION OF LOT 5A2-R, BLOCK 5, BRAZOS COUNTY
INDUSTRIAL PARK, PHASE III, ACCORDING TO THE PLAT RECORDED IN VOLUME 3985, PAGE
329 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF STONE CITY
DRIVE (100' R.O.W.) MARKING A NORTH CORNER OF SAID LOT 3R AND THE EAST CORNER OF
LOT 4R, BLOCK 5 (PLAT 4585/44);
THENCE: S 50° 06'291' E ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE FOR A
DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 50106'29" E CONTINUING ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE
FOR A DISTANCE OF 398.15 FEET TO A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE
POINT IN SAID LINE;
THENCE: S 50° 07'19,, E CONTINUING ALONG THE SOUTHWEST LINE OF STONE CITY DRIVE
2
FOR A DISTANCE OF 216.21 FEET TO A POINT MARKING THE MOST EASTERLY CORNER OF
THIS HEREIN DESCRIBED TRACT;
THENCE: THROUGH SAID LOT 5A2-R FOR THE FOLLOWING CALLS:
S 390 53'3 1 " W FOR A DISTANCE OF 173.61 FEET TO A POINT;
N 500 06'29" W FOR A DISTANCE OF 49.81 FEET TO A POINT,
S 390 53'3 1 " W FOR A DISTANCE OF 268.83 FEET TO A POINT;
N 500 06'29" W FOR A DISTANCE OF 300.69 FEET TO A POINT;
N 39° 53'3 1 " E FOR A DISTANCE OF 270.50 FEET TO A POINT;
N 50° 06'30" W FOR A DISTANCE OF 233.29 FEET TO A POINT WITHIN SAID LOT 3R;
THENCE: THROUGH SAID LOT 3R FOR THE FOLLOWING CALLS:
S 39° 52'57" W FOR A DISTANCE OF 365.00 FEET TO A POINT;
N 500 06'29" W FOR A DISTANCE OF 30.56 FEET TO A POINT;
S 390 53'3 1" W FOR A DISTANCE OF 68.76 FEET TO A POINT;
N 50° 06'29" W FOR A DISTANCE OF 189.51 FEET TO A POINT;
N 39° 53'3 1 " E FOR A DISTANCE OF 147.36 FEET TO A POINT;
S 500 06'29" E FOR A DISTANCE OF 189.52 FEET TO A POINT;
N 390 52'57" E FOR A DISTANCE OF 458.29 FEET TO THE POINT OF BEGINNING
CONTAINING 5.19 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND.
BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED
FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
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EXHIBIT "C"
SCHEDULE OF PERSONAL PROPERTY TO BE ABATED
4Cr.:an binets Ltd.
Conveyor $198441
12
EXHIBIT "D"
STATEMENT OF COMPLIANCE WITH AGREEMENT
FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH
KENT MOORE CABINETS IN CITY OF BRYAN REINVESTMENT ZONE 28
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
KENT MOORE CABINETS, LTD. ("Owner") hereby certifies any improvements on
the Property, as called for in the above referenced Agreement, have been completed and
constructed in every material respect pursuant to said Agreement. Owner further certifies that it
has complied with all applicable and material terms of said Agreement.
Signed this day of , 2008.
KENT MOORE CABINETS, LTD.,
A Texas limited partnership
By: Kent Moore Resources, LLC
Its General Partner
By: _
Name:
Title:
Any above-described improvements have been accepted by the Brazos County, Texas as
having been constructed in compliance with the above referenced Agreement, and that pursuant
to said Agreement the partial exemption from taxation shall commence on January 1, 2009
continuing through the year 2016, which will be the last year that the property will be entitled to
exemption from taxation in accordance with this Agreement, and that the taxable value of the
Premises for such period of time shall be the taxable value as finally determined, following any
applicable contests and appeals, by the Brazos County Appraisal District on January I" of each
year of the term of the Agreement.
Signed this day of
ATTEST:
Karen McQueen, County Clerk
2008.
By:
BRAZOS COUNTY, TEXAS
Randy Sims, County Judge
15
iii ao3
OFFICE oftht ATTORNEY GENERAL
GREG ABBOTT
Texas Statewide Automated
Victim Notification Service (SAVNS)
County Verification of Continuing Production Record
The purpose of this record is provide Commissioner's Court and County Officials an opportunity to provide an advisory update regarding the Texas
SAVNS Program in the County. The intent is to ensure that elected officials are aware of the ongoing status of the Texas SAVNS Program in their
County. It also allows the OAG to crosscheck County verifications against those of the Certified Vendor.
County: Brazos 11 Contract Number[ 0907618
Yes
No
County Responsibility
records are on production and available to victims.
Court events are on production and available to victims.
Monthly system testing is on-going, in compliance with contractual stipulations.
Testing records are on file for review.
County VINE Lo records note all problems and resolutions.
County VINEWatch reviews are conducted on a regular basis.
Program Coordinator keeps a rant file.
Check 'Yes' or 'No' for each responsibility
The primary responsibility for signing this verification is the Counter Iudge. Unchecked boxes will require and
explanation in writing in the box below. The judge may delegate the responsibility for preparing and signing the
verification. A letter over the signature of the judge must be sent to the OAG naming the person or persons
authorized to sign this required document.
County V
Signature
Randy Sri'
Printed Name
County Judge
Title
re ~ 7ki--
Date
Explanation/Comments:
This document must be submitted as an attachment to the invoice in order to receive payment for costs
associated with Annual Maintenance. Please keep a copy in your files for monitoring purposes.
Verification of Continuing Production Record FY09.doc
lip 061
Texas SAVNS/VINE
1. Invoice Number:
Reimbursement
2. Date:
11/03/08
Maintenance Invoice
County: Brazos
Texas SAVNSNINE Form 2009-103Rem
3. Remit to Auditor/Treasurer:
Brazos County Treasurer's Office
Mail To:
Address:
200 S. Texas Avenue, Suite 240
City, State, Zip:
Bryan, Texas 77803
Office of the Attorney General
4. Preparer's Name:
Fang Den
Grants Administration Division
Title:
Assistant County Auditor
P. O. Box 12548 MC: 004
i
Telephone:
(979)361-4351
n, Texas 78711-2548
Aust
Fax:
979)361-4188
(
512/936-1653
Email:
fdeng@co.brazos.tx.us
5. Texas VIN Number - 00-17460004330-038
6. DATE OF
APPRISS
INVOICE
DESCRIPTION OF SERVICES
8. AMOUNT
(Month & Year)
Reimbursement for Texas SAVNSNINE Maintenance expenses
7. OAG Contract Number:
0907618
09/01/08
$30,108.00
(Term 9/1/08 - 8/31/09 )
None of the Costs billed under this voucher has been charged
to any other Federal or State Grant
or Co ct.
9. Authorizedy8i natur
Print or Type Name and Title
Date
andy Sims, County Judge
~ P lC~ C'
NOTE: You mint attach the following documentation to this invoice:
1.) A copy of the Appriss Invoice
2.) A copy of the payment issued to Appriss
3.) County Verification of Continuing Production Record
4.) A copy of the Appriss/County R-05 Service Agreement Renewal Notice
5.) Letter designating alternate signator; if applicable (see instruction 9)
OAG Use Only
Date Received by OAG Fiscal Approval Date Date Received By Accounting
Date:
Maintenance INVOICE-INSTRUCTIONS Reimburse FY09 Master 05-28-08.doc 1' / f 66 Texas SAVNSNINE FORM 2009-103Rem
Equipment Lease Agreement TRFOR STATE OR LOCAL ANSACTIONS ONLY
Lease Number:
Lessee's Fed Tax ID 7 G 000 y 33
Lessee (Governmental Entity) - Use EXACT legal entity name
Lessee's Chief Executive Office - Street
City
BRAZOS COUNTY
200 S. TEXAS AVE SUITE 362
BRYAN TX 77803
Equipment Supplier
State County Zip
Lessee's Telephone (not cell)
CTWP
Texas McClennan 76710
979 775 - 7400
In this agreement, as it may be amended from time to time (the "Lease"), the words "You" and "Your" mean the lessee named above. "We," "Us" and "Our" mean the Lessor,
"Supplier" means the equipment supplier named above. This Lease and the other documents executed and/or delivered by Us in connection with this Lease represent the
final and only agreement between You and Us regarding the subject matter herein and supersede any other oral or written agreements between You and Us. This Lease
can be changed only by a written agreement between You and Us. Other agreements not stated herein (including, without limitation, those contained in any purchase
agreement between You and the Supplier) are not binding on Us.
1. LEASE OF EQUIPMENT. You agree to lease from Us the personal property listed below (together with all existing and future accessories, attachments, replacements and
embedded software, the "Equipment") upon the terms stated herein. This Lease will begin on a date designated by Us after We accept and sign this contract (referred to herein as
the "Commencement Date"). The Commencement Date is set forth below Our signature below. Subject only to Section 15 below, You promise to pay to Us the Lease Payments
shown below in accordance with the payment schedule set forth below, plus all other amounts stated herein, through the full Term. This Lease is binding on You as of the date You
sign it. After You sign, We may insert any information missing in the boxes herein and change the payment amount by up to 15% due to a change in the Equipment or its cost or a tax
or payment miscalculation. If the Equipment includes any software, You agree that (i) We don't own the software, (ii) You are responsible for entering into any necessary software
license agreements with the owners or licensors of such software, (iii) You shall comply with the terms of all such agreements, if any, and (iv) any default by You under any such
agreements shall also constitute a default by You under this Lease.
c ur mem uescn non: LU see Attached 5chedule also
Quantity Equipment Make, Model & Serial Number (Required) Quantity Equipment Make, Model & Serial Number (Required)
1
LANIER LD040SP
Equipment Location if different than 'Chief Executive Office' shown above :
Initial Term: 60 months Security Deposit if any : $0.00
Advance Payment (if any : $0.00 applied as ❑ first payment ❑ first and last payment ❑ other:
Lease Pa merit: $171.82' er ®month ❑ uarter ❑ other: Check here ❑ if Lease Payment includes salesiuse tax.
2. LEASE TERM: AUTOMATIC RENEWAL. The initial term of this Lease will begin on the Commencement Date and will continue for the number of months shown above ("Initial
Tenn"). As used herein, "Present Term" means the term presently in effect at any time, whether it is the Initial Term or a Renewal Term (as defined below). Unless You notify Us
In writing at least 30 days before the end of a Present Term (the "Notice Period") that You intend to return the Equipment at the end of such Present Tenn, then: (a) this
Lease will automatically renew for an additional one-month period (each, a "Renewal Term") and (b) the Lease Payment amount and other terms of this Lease will continue to
apply. If You do notify Us in writing within the Notice Period that You intend to return the Equipment at the end of a Present Term, then, promptly upon the expiration of such Present
Term, You shall return the Equipment pursuant to Section 13 below.
3. UNCONDITIONAL OBLIGATION. THIS LEASE IS NON-CANCELABLE DURING THE INITIAL TERM AND ANY RENEWAL TERM, subject only to Section 15 below. You
agree that: (a) We are a separate and Independent company from the Supplier, manufacturer and any other vendor (collectively, "Vendors"), and the Vendors are NOT Our
agents; (b) no statement, representation or warranty by any Vendor is binding on Us, and no Vendor has authority to waive or alter any term of this Lease; (c) You, not We,
selected the Equipment and the Vendors based on Your own judgment; (d) Your duty to perform Your obligations hereunder is unconditional and Irrevocable (subject only
to Section 15 below) despite any equipment failure, the existence of any law restricting the use of the Equipment, or any other adverse condition; (e) if You are a party to
any maintenance, supplies or other contract with any Vendor, We are NOT a party thereto, such contract is NOT part of this Lease (even though We may, as a convenience
to You and a Vendor, bill and collect monies owed by You to such Vendor), and no breach by any Vendor will excuse You from performing Your obligations to Us
hereunder; and (f) if the Equipment Is unsatisfactory or if any Vendor falls to provide any service or fulfill any other obligation to You, You shall not make any claim
against Us and shall continue to make all payments and fully perform under this Lease.
4. LEASE PAYMENTS. Lease Payments, plus applicable taxes and other charges provided for herein, are payable in advance periodically as stated herein. Restrictive endorsements
on checks will not be binding on Us. All payments received will be applied to past due amounts and to the current amount due in such order as We determine. Any security deposit or
estimated future Governmental Charge (as defined in Section 10) that You pay is non-interest bearing, may be commingled with Our funds, may be applied by Us at any time to past-
due amounts, and the unused portion will be returned to You within 90 days after the end of this Lease. If We do not receive a payment in full on or before its due date, You shall pay
to Us, to the extent You have legally available funds for such purposes, (i) a fee equal to the greater of 10% of the amount that is late or $29.00, plus (ii) interest on the part of the
payment that is late in the amount of 1.5% per month ("Time-Value Interest) from the due date to the date paid. If any check is dishonored, You shall pay Us a fee of $20.00.
5. INDEMNIFICATION. To the extent permitted by applicable law, and provided You have legally available funds for such purposes, You shall Indemnify and defend Us
against, and hold Us harmless for, any and all claims (including but not limited to claims for personal injury and death), actions, damages, liabilities, losses and costs
(including but not limited to reasonable attorneys fees) made against Us, or suffered or incurred by Us, arising directly or indirectly out of, or otherwise relating to, the
delivery, installation, possession, ownership, use, loss of use, defect In or malfunction of the Equipment. This obligation shall survive the termination of this Lease.
6. NO WARRANTIES. WE ARE LEASING THE EQUIPMENT TO YOU "AS IS". WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. We hereby transfer to You, without recourse to Us, all automatically transferable warranties, if any, made to Us by the Vendor(s) of the Equipment. You
agree that the transaction documented in this Lease is both a 'lease' as defined in Sections 1-203 and 2A-103 of the Uniform Commercial Code ("UCC' and a 'finance lease' as
defined in Section 2A-103 of the UCC. To the extent permitted by law, You hereby waive any and all rights and remedies conferred upon You under UCC Sections 2A-303 and 2A-508
through 522. If it is determined that this Lease is other than a "lease' as defined in the UCC, then You hereby grant to Us a security interest in the Equipment and all proceeds thereof.
You authorize Us to record (and amend, if appropriate) a UCC financing statement to protect Our interests. You may be entitled under Article 2A of the UCC to the promises and
warranties (if any) provided to Us by the Vendor(s) in connection with or as part of the contract (if any) by which We acquire the Equipment. You may contact the Vendor(s) for an
accurate and complete statement of those promises and warranties (if any), including any disclaimers and limitations of them or of remedies.
7. DELIVERY. LOCATION. OWNERSHIP USE MAINTENANCE OF EQUIPMENT. We are not responsible for delivery or installation of the Equipment. You are responsible for
Equipment maintenance. You shall not remove the Equipment from the Equipment Location unless You first get Our permission. You shall give Us access to the Equipment Location
so that We may inspect the Equipment, and You agree to pay Our costs in connection therewith, whether performed prior to or after the Commencement Date. We will own and have
title to the Equipment (excluding any software) during the Lease. You agree that the Equipment is and shall remain personal property. Without Our prior written consent, You shall
not permit it to become (1) attached to real property or (ii) subject to liens or encumbrances of any kind. You represent that the Equipment will be used solely for commercial
purposes and not for personal, family or household purposes. You shall use the Equipment in accordance with all laws, operation manuals, service contracts (if any) and
insurance requirements, and shall not make any permanent alterations. At Your own cost, You shall keep the Equipment in good working order and warrantable condition, ordinary
wear and tear excepted ("Good Condition").
8. LOSS: DAMAGE: INSURANCE. You shall, at all times during this Lease, (i) bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to
Us even if it becomes damaged or suffers a loss, (ii) keep the Equipment insured against all risks of damage and loss ("Property Insurance") in an amount equal to Its replacement
cost, with Us named as sole 'loss payee,' and (iii) carry public liability insurance covering bodily injury and property damage ("Liability Insurance") in an amount acceptable to Us,
with Us named as 'additional insured.' You have the choice of satisfying these insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance
("Insurance Proof'), within 30 days of the Commencement Date. Such Insurance Proof must provide for at least 30 days prior written notice to Us before it may be cancelled or
terminated and must contain other terms satisfactory to Us. If You insure personal property similar to the Equipment against risks of damage and loss by self-insurance, then with Our
prior written consent You may satisfy Your Property Insurance (but not Liability Insurance) obligations by means of a self-insurance program reasonably acceptable to Us. If you do
not provide Us with Insurance Proof within 30 days of the Commencement Date, or if such insurance terminate for any reason, then (a) You agree that We have the right,
133617 v1 True Lease MR / State & Local Gov't / 12-05
CVO fe ~.ta s C Pay !h t,tACC•, l w,'n , '{a/' eoo ja i q.s7 rrcc4.l~y
but not the obligation, to obtain such Property Insurance and/or Liability Insurance in such forms and amounts from an insurer of Our choosing in order to protect Our
interests ("Other Insurance"), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for
premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing and related fees associated with the Other Insurance, and a finance
charge of up to 18% per annum (or the maximum rate allowed by law, if less) on any advances We make for premiums, (collectively, the "Insurance Charge"). We and/or.one or
more of our affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit. We are not obligated to obtain, and may cancel, Other Insurance at
any time without notice to You. Any Other Insurance need not name You as an insured or protect Your interests. The Insurance Charge may be higher than if You obtained Property
and Liability Insurance on Your own.
9. ASSIGNMENT. YOU SHALL NOT SELL, TRANSFER, ASSIGN OR OTHERWISE ENCUMBER (collectively, "TRANSFER") THIS LEASE, OR TRANSFER OR SUBLEASE
ANY EQUIPMENT, IN WHOLE OR IN PART. We may, without notice to You, Transfer Our interests in the Equipment and/or this Lease, in whole or in part, to a third party (a "New
Owner"), in which case the New Owner will, to the extent of such Transfer, have all of Our rights and benefits but will not have to perform Our obligations (if any). You agree not to
assert against the New Owner any claim, defense or offset You may have against Us or any predecessor in interest.
10. TAXES AND OTHER FEES. You are responsible for all taxes (including, without limitation, sales, use and personal property taxes, and excluding only taxes based on Our
income), levies, assessments, license and registration fees and other governmental charges relating to this Lease or the Equipment (collectively, with such taxes, "Governmental
Charges"). You agree to promptly pay Us, on demand, estimated future Governmental Charges. You authorize Us to pay any Governmental Charges as they become due, and You
agree to reimburse Us promptly upon demand for the full amount (less any estimated amounts previously paid by You). You hereby appoint Us as Your attorney-in-fact to sign Your
name to any document for the purpose of filing tax returns. You agree to pay Us a fee for preparing and filing personal property tax returns, and You agree not to file any personal
property tax returns. You also agree to pay Us upon demand (i) for all costs of filing, amending and releasing UCC financing statements, and (ii) a processing fee of $75.00 (or as
otherwise agreed) to cover Our investigation, documentation and other administrative costs in originating this Lease. You also agree to pay Us a fee, in accordance with Our current fee
schedule, which may change from time to time, for additional services We may provide to You at Your request during this Lease. You agree that the fees set forth in this Lease may
include a profit.
11. SAVINGS CLAUSE. If any amount charged or collected under this Lease Is greater than the amount allowed by law, Including, without limitation, any amount that
exceeds applicable usury limits (an "Excess Amount"), then (1) any Excess Amount charged but not yet paid will be waived by Us and (ii) any Excess Amount collected will
be refunded to You or applied to any other amount then due hereunder.
12. DEFAULT. You will be in default hereunder if You (1) fail to pay any amount due hereunder within 15 days of the due date, (2) breach or attempt to breach any other term,
representation or covenant set forth herein or in any other agreement between You and Us, or (3) suffer an adverse change in Your financial condition and, as a result thereof or for
any other reason, We deem Ourselves insecure. If You default, We may do any or all of the following: (A) cancel this Lease, (B) require You to return the Equipment pursuant to
Section 13 below, (C) take possession of and/or render the Equipment (including any software) unusable, and for such purposes You hereby authorize Us and Our designees to enter
Your premises, with or without prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (1) all Lease Payments and other amounts
then due and past due, (ii) all remaining Lease Payments for the remainder of Your then-current fiscal period, discounted at a rate of 6% per annum (or the lowest rate permitted by
law, whichever is higher), (iii) Time-Value Interest on the amounts specified in clauses 'i' and 'ii' above from the date of demand to the date paid, and (iv) all other amounts that may
thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub-clauses 'I' through 'iv" referred
to below as the "Balance Due"), and/or (E) exercise any other remedy available to Us under law. You also agree to reimburse Us on demand for all reasonable expenses of
enforcement (including, without limitation, reasonable attorneys' fees and other legal costs) and reasonable expenses of repossessing, holding, preparing for disposition, and
disposition ("Remarketing") of the Equipment, plus Time-Value Interest on the foregoing amounts from the date of demand to the date paid. In the event We are successful in
Remarketing the Equipment and the net proceeds (after deducting Our reasonable expenses of repossessing, holding, preparing for disposition, and disposing of the Equipment) are
less than the Balance Due, You shall be liable for such deficiency, subject, however, to Section 15 below and to any other requirements of applicable law. Any delay or
failure to enforce Our rights under this Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during this Lease, You agree that We may
retain and utilize the same to cure or otherwise cover any default by You hereunder.
13. RETURN OF EQUIPMENT. If You are required to return the Equipment under this Lease, You shall, at Your expense, promptly upon demand, send the Equipment to any
location(s) that We may designate. The Equipment must be properly packed for shipment, freight prepaid and fully insured, and must be received in Good Condition (as defined in
Section 7 above). If the Equipment is not received within 15 days of the date of demand, You agree to continue paying Lease Payments and all other amounts due hereunder until the
Equipment is received by Us.
14. APPLICABLE LAW. This Lease shall be governed by the laws of the State in which You are located. You and We hereby waive Your and Our respective rights to a trial by
jury in any legal action. Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law. If any provision is construed to be
unenforceable, such provision shall be ineffective only to the extent of such unenforceability without invalidating the remainder hereof.
15. NON-APPROPRIATION OF FUNDS. You hereby represent, warrant and covenant to Us that: (a) You intend, subject only to the provisions of this Section 15, to remit to Us all
sums due and to become due under this Lease for the full Present Term; (b) Your governing body has appropriated sufficient funds to pay all Lease Payments and other amounts due
during Your current fiscal period; (c) You reasonably believe that legally available funds in an amount sufficient to make all Lease Payments for the full Present Term can be obtained;
and (d) You intend to do all things lawfully within Your power to obtain and maintain funds from which Lease Payments may be made, including making provision for such payments to
the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision whether or not to
budget and appropriate funds is within the discretion of Your governing body. In the event Your governing body fails to appropriate sufficient funds to pay all Lease Payments and
other amounts due and to become due in Your next fiscal period, You may, subject to the terms hereof, terminate this Lease as of the last day of the fiscal period for which
appropriations were received (an "Event of Non-appropriation"). You agree to deliver notice of an Event of Non-appropriation at least 30 days prior to the end of Your then-current
fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation and to return the Equipment
pursuant to Section 13 on or before the effective date of termination. In the event this Lease is terminated following an Event of Non-appropriation, You agree (to the extent permitted
by applicable law) that, for a period of one (1) year from the effective date of such termination, You shall not purchase, lease, rent or otherwise acquire equipment performing functions
similar to those performed by the Equipment, for use at the site where the Equipment is located, except as may be required for public health, safety or welfare purposes; provided,
however, this provision shall not be applicable to the extent that such provision would be unlawful or would adversely affect the validity or enforceability of this Lease. You and We
understand and intend that Your obligation to pay Lease Payments and other amounts due under this Lease shall constitute a current expense and shall not in any way be construed to
be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Your creation of indebtedness, nor shall anything contained herein
constitute a pledge of Your general tax revenues, funds or monies.
16. ADDITIONAL REPRESENTATIONS WARRANTIES AND COVENANTS. In addition to the other representations, warranties and covenants made by You as set forth in this
Lease, You hereby represent, warrant and covenant unto Us that (a) You have the power and authority under applicable law to enter into this Lease and the transactions
contemplated hereby and to perform all of Your obligations hereunder, (b) You have duly authorized the execution and delivery of this Lease by appropriate official action of Your
governing body and You have obtained such other authorizations, consents and/or approvals as are necessary to consummate this Lease, (c) all legal and other requirements have
been met, and procedures have occurred, to render this Lease enforceable against You in accordance with its terms, and You have complied with such public bidding requirements as
may be applicable to this Lease and the transactions contemplated hereby, (d) upon Our request, You will provide Us with a copy of Your current financial statements within 150 days
after the end of each fiscal period, and (e) unless and until this Lease is terminated in accordance with Section 15 above, You shall provide to Us, no later than 10 days prior to the end
of each fiscal period, with current budgets or other proof of appropriation for the ensuing fiscal period, and such other financial information relating to Your ability to continue the Lease,
as We may request. You hereby acknowledge that each of the representations, warranties and covenants made by You In Sections 15 and 16 and elsewhere in this Lease
are being materially relied upon by Us in purchasing the Equipment and entering into this Lease.
17. MISCELLANEOUS. This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same document. You
acknowledge that You have received a copy of this Lease and agree that a facsimile or other copy containing Your faxed or copied signature shall he as anfn-hle e,.
oncwtou Lease.
Lessee: Lessor: CTWP LEASING
By' ate: /,Q By:
Print name: Title.6K k~"mencement Date:
.44 S, (to be filled in by Lessor)
Attest: X Title:
133617 v1 True Lease MR/ State & Local Govt 1 12-05 a
Delivery & Acceptance Certificate
(for State or Local Governmental Transaction)
Lessee/Renter/Customer
Ercao-s C-o u ,
Title of Lease, Rental or Other Agreement:
Lessor: CTWP Leasing
Lease, Contract or Schedule
The above Customer hereby unconditionally represents and certifies to CTWP Leasing, and agrees, that:
1. The following equipment, other personal property and software, if any, leased or otherwise provided to Customer or otherwise constituting
collateral relating to the above lease, contract or schedule (the "Goods"), has been fully delivered and installed at Customer's place of business, has
been inspected and tested by Customer and is operating in good working order to Customer's complete satisfaction, meets all of Customer's
requirements and specifications, and is hereby irrevocably accepted by Customer:
Quantity Make or other description Model name (if any) Serial # (if any)
1 nl1 w a0go-50
Attach additional Pape if necessarv
2. There are no side agreements between Customer and any third party relating to the subject matter of the Contract, and no cancellation rights
have been granted to Customer by CTWP Leasing or any third party (except to the extent expressly provided in the Contract or another writing
executed by CTWP Leasing). There is no "free demonstration" or "test" period for the Goods. Customer has reviewed and understands all of the terms
of the Contract, and Customer agrees that the Contract cannot be revoked or cancelled or terminated early for any reason (except to the extent
expressly provided in the Contract or another writing executed by CTWP Leasing).
3. Customer hereby directs CTWP Leasing to pay the vendor/supplier of the Goods. Customer agrees that (i) CTWP Leasing may insert the
Contract or Lease number above and the Delivery Date below if either is missing following the Customer's signature below and (ii) a facsimile of this
document containing a facsimile of the Customer's signature shall be considered as valid and binding as the original for all purposes.
Instruction to Customer: Do not sign this Certificate until all of the Goods have been delivered, installed, inspected and tested to your
satisfaction.
133617 v1 True Lease MR / State & Local Gov't / 12-05
Print name: Delivery date of the Good:
BID TABULATION 2009-05
ROAD SIGNS AND SIGN POSTS
NOVEMBER 15, 2008 - NOVEMBER 14, 2009
QTY
EST
QTY
DESCRIRIWN
SIZE
SIG AM *CUSTOM PRO
D SSOCRN PROCAALINC.
mLCAN,INC.
1
MWnk) Speed Lint-Whe w/black legs
24 x 30
R2-1 WMK) S 2286
S 20.50
S 18.10
2
10
20 MPH Speed Lk A- M& w/dack kftm
24X30
R2-1- 20 S 2286
S 20.50
S 18.10
3
10
25 MPH Speed licit- While whack WAws
24X30
R2-1- 25 $ 2286
$ 20.50 $ 19.10
$ 18.10
4
10
30 MPH Spd licit- WW wldack killers
24X30
R2-1- 30 $ 2286
$ 2150 $ 19.10
$ 18.10
5
10
35 MPH 4eed Link- Whte w/dadc leerrs
24X30
R2-1- 35 $ 22.86
$ 20.50 $ 19.10
$ 18.10
6
10
40 MPH Speed Lint- While wldack killers
24X30
R2-1-40 $ 22-86
$ 2D.5D $ 19.10
$ 18.10
7
10
45 MPH Speed Lid(- White wlhlack Wm
24X30
R2-1- 45 $ 2286
$ 2050 $ 19.10
$ 18.10
8
10
50 MPH Speed Lilt- While wMad Idlers
24X30
112-1- 50 $ 2286
S 20.50 $ 19.10
$ 17.79
9
10
55 MPH
peL
Lml- Whe whack lefts
24X30
R2-1- 55 $ 2286
S 20.50 S 19.10
$ 17.79
10
20
60 MPH Speed Lid(-W *w/dackWas
24X30
R24-60 $ 2286
S 20.50 $ 19.10
$ 17.79
11
10
15 MPH -YdowwIbt kW.
18X18
W13-1-15 $ 10.90
$ 9.34 $ 10.85
$ 8.50
12
15 MPH w/ dads killers
18 x 18
W13-1-15 $ 10.90
$ 9.34 $ 14.71
$ 8.50
13
10
20 MPH - Yebw wM ck lea.
18 X 18
W13-1-20 $ 10.90
$ 9.34 $ 10.85
$ 8.50
14
20 MPH wl black WO.
18 X 18
WM1- 20 $ 10.9D
S 9.34 $ 14.22
$ 8.50
15
10
25 MPH Sped MWy - Yd.. whack Wom
18 X 18
W13-1-25 $ 10.90
$ 9.34 $ 10.85
$ 8.50
16
25 MPH w/ back left.
18 x 18
W13-1-25 $ 10.90
$ 9.34 $ 14.22
$ 8.50
17
10
30 MPH Sped MtM - Ydow wMadc kilkvs
18 X 18
W13-1-30 $ 10.90
$ 9.34
$ 10.85
$ 8.50
18
30 MPH W dads killers
18 x 18
W13-1-30 $ 10.90
$ 9.34
$ 14.22
$ 8.50
19
10
35 MPH - Ydow whack kilE°rs
18 X 18
W13-1-35 $ 10.90
$ 9.34
$ 10.85
S 8.50
20
35 MPH W black Jell..
18 x 18
W13-1-35 $ 10.90
$ 9.34
S 1412
$ 8.50
21
10 1
0 MPH - Ydow whack killers
18 X 18
W13-1-40 $ 10.90
$ 9.34
$ 10.85
$ 8.50
22
1
4 MPH - Or W back lego.
18 x 16
W13-1-40 S 10.90
$ 934
$ 14.22
$ 8.50
23
10
15 MPH Spd Adv-Yd whack MW.-ilia
18 x 18
W13-1-15 $ 17.59
$ 15.77
S 1755
$ 16.41
24
Ill
20 MPH d Adv-Yd wMadc ktlws-da
18 x 18
W13-1-20 S 1759
$ 1577
S 17.55
$ 16.41
25
10
25 MPH Spd Adv-Yd wMadc leers-6a
18 x 18
W13-1-25 $ 17.59
$ 15.77
$ 17.55
$ 16.41
26
10
30 MPH Adv-Yd wMadc k w.,aa
le x 18
W13-1-30 $
$ 15.77
$ 17.55
S 16.41
27
10
35 MPH Spd Adv-Yd wldack Ieftm-ft grd
18 x 18
W13-1-35 $
$ 15.77
$ 17.55
$ 16.41
28
10
MPHVW My, Yell. fark ketlers-da
18 x 18
W13-1-40 $
$ 15.77
S 17.55
$
16.41
29
10
MPH Spd - Ydow whack ielers ft grd
18 x 18
W13-1-45
S 15.77
S 17.55
S
16.41
30
10
50 MPH Sped klis,~ YdowwMcMi s-&
18x18
W13.1-50
S 15.77
S 1755
S
16.41
31
1D
55 MPH Ydow hack Wlers-da grd
18 x 18
W13-1-55
$ 1577
$ 17.55
$
16.41
32
20
STOP - Red whW a kilkvs - Engir Grd.
36X36
R14 $ 38.95
$ 33.75
$ 34.38
$ 30.23
33
2D
STOP- Redw/wheW.-Di.Grd.
36X36
RI-1 $ 65.74
$ 60.75
$ 61.20
$ 61.80
34
20
YIHD - Red whd* kilers
36X36
R1-2 $ 18.42
$ 18.45
S 18.40
$ 14.85
35
10
YIELD-Redw/whtekYbrs-Dia GN
35X36
RI-2 $ 30.63
$ 3150
$ 30.02
$ 28.96
10
STOP MEAD - Yelow whack Wd..
36 X 36
W3-1 $ 40.09
$ 36.90
$ 37.88
$ 3258
10
STOP MEAD-YdowwU klelers-Di.Grd.
36X36
W3-1 $ 66.88
$ 63.09
$ 64.70
$ 63.96
20
DEAD END - Yellow wMadc killers
30 X 30
W14-1 $ 28.10
$ 25.60
$ 23.88
$ 2223
[
20
NOOUIIET-Yellow wMilckWm
30X30
W14.2 $ 28.10
$ 25.60
1S 23.88
$ 22.23
10 9
0 degrw LeRTun-YdowwMadckellus
30X30
W1-1L $ 28.10
$ 25.60
S 23.88
$ 22.23
10 9
0 &vft Left Twn-YdowwMadckdlers-DiaGrd.
30X30
W1-1L $ 46.69
$ 43.80
$ 425D
$ 44.43
442
10 9
0 Tun-YelowwMadcketiws
30X30
W1-1R S 28.10
S 25.60
S 23.88
S 2223
10 9
0 dem Rio Tun-Yellow wMack Lea s-DiaGrd
30X30
W1-1R $ 46.69
$ 43.80
$ 4250
$ 44.43
44
10
LMtC.-YdowwMackkiters
30X30
W1-2L $ 28.10
$ 25.60
$ 23.88
S 2223
45
10 4
5 Left C. - Yell. Mk I.W s - DI. Grd
30 X 30
W1-21. $ 46.69
S 43.80
$ 4250
$ 44.43
46
10 4
5 d.. RkjW C. - Ydow Ni waW.
30 X 30
W1-211 S 28.10
$ 25.60
S 23.88
$ 2223
47
10
Cove-Ydowwtd kI brs-DiaGrd.
30X30
W1-2R $ 46.69
$ 43.80
S 4250
S 44.43
48
10 9
0 dmm Left ReveweToro-YdowwMackW&m
30X30
W1-3L S 28.10
$ 25.60
$ 23.88
$ 2223
49
10 9
0 Right dea. Re. T.-Ydow whack M.
30 X 30
Wt-3R $ 28.10
$ 25.60
$ 2388
$ 22-23
50
10 4
5 degme Left Reverse C. - Ydow whack W.
30X30
W1-4L $ 28.10
$ 25.60
$ 23.88
$ 2223
51
10 4
5 &wm R' Reverse Cuve-YdowwMackkilers
30X30
W1-4R S 28.10
$ 25.60
$ 23.88
$ 2223
52
Road- Ydow whack letam
30X30
W1-5L $ 28.10 $
25.60
$ 2388
$ 27-23
53
nd Road - Ydow whack killers
30X30
W7-5R $ 28.10 S
25.60
$ 23.881
$ 2223
54
t
Road Sr" - Ydow whack W&rs
30 X 30
W2-2 28. 10 S
25.60
S 2388
S 2223
55
OUT- Ydow whack killers
30 X 3D
W42-3 28.10 S
25.60
S 33.25
S 2223
56
NE BRIDGE-YdowwMack-leMrs
30X30
WS3 S 28.10 S
25.60
S 33.25
S 22.23
57
G
AD
014®BRIDGE - Yellow wMadc keters
30X30
W12-5 S 28.10 $
25.60 $
3315
$ 2223
58
10 -
Road S - Ydow whack killers
30X30
W24 s 28.10 S
25.60 S
23.88
$ 2223
59
5 Y -
Road S Let- Yellow whack k+tlers
30 X 30
W2-5L $ 28.10 $
25.60 $
3325 $
2223
60
5 Y -
Road S - Yellow whack leb.
30X30
W2-5R $ 28.10 S
25.60 $
33.25 $
2223
61
5 Y -
RDad Swnbol Ld - Ydow w/ black Wm
30X30
W2-3L $ 28.10 $
25.60 $
3325 S
2223
62
5 -
Road S - Yelow whack kbrs
30 X 30
W2-3R $ 28.10 S
2560 $
3325 $
22.23
63
On
ew avow-left -MDO-
96X48
W1-M $ 198.40 $
187211 $
205.44
NB
64
on
e way arrow- "'MDO-
rkh
96X48
W1-9R S 198.40 S
187.02 $
2D5.44
NB
Il4 ao~
QTY
EST
1m
DESCRIPTION
SIZE
SIGW
'CUS=PR ROCAL,INC.
WLCAN,INC.
65
wow arrow -100-
96X48
W1-10
S 198.40 $ 18720 $ 205.44
NB
66
10
Arr- 4dow wldadc kfters "'ADO"'
48 X 24
W"
$ 5014 $ 46.80 $ 39.36
NB
67
10
ILam D.Me Arrow- Ydow wlbla k titers "'ADO"'
48 X 24
Wt-7
$ 50.241$
$
NB
68
150
Ch.. - Ydow wMack letlers
16 X 24
Wt-8
$ 13.75 $ $
$ 11.22
69
MOWERS AHEAD - Oft wMack W.
3O X 30
CW21-9
$ 28.10 $
t$33.25
S 2262
70
Orarge MackMi..
30X30
MCW21-1
S 2&10 S
S 2262
71
5
COUNTYMAIWENANCEENDS-WhdewMackIfts
24X15
D27
1207 S
$ 9.57
72
5
COUNTY MAINTENANCE BMNS-Whe. wM.* labs
24 X 15
D28
$ 1207 S 10.25 $ 15.80
$ 9.57
73
5
Food Gauge - Ma wM k W.
18 X 12
D26
$ 13.28 $ 6.15 S 9.48
$ 5.89
74
30 l
ObW ' M.WLet-Ydowwlhlack ftes
12X36
OWL
$ 13.75 $ 1230 $ 11.46
$ 11.22
75
30 l
ObW Markers -YekiwwMa k drip,
12X36
OM-3R
$ 13.75 $ 12.30 $ 11.46
$ 1171
76
5
DETOUR Let- oraw wm k titers
30 X 24
M4 9L
$ 2286 $ 20.50 $ 26.60
$ 17.79
77
5
DETOUR wblack leters
30 X 24
MOR
$ 2286 $ 211.50 $ 26.60
$ 17.79
78
20
NO DUMPING - Whie wMack M.
18 X 24
219-5
$ 13.75 $ 1230 S 11.46
$ 10.67
79
10
PAVEOU ENDS- Yeow whack kters
3O X 30
W8-3
S 28.10 $ 25.601$ 23.88
$ 2223
80
FLAGMAN MEAD- whack letlers
36X36
MCW20-7D
$ 40.09 S 63.09 $ 47.68
$ 3202
81
OBSERVE WARMNG SIGNS - Org wlbk of -MDO-
48 X 42
R20.3
$ 88.22 $ 81.90 $ 89.88
NB
82
END CONSTR - wlbk IN "'ADO"'
60 X 24
G20-2
$ 6240 $ 55-W $ 6420
NS
83
BE PREPARED TO STOP- Or, W& let
30 X 30
CW21.8
$ 2&10 $ 25.60 $ 33251
$ 2223
84
ROAD CONSTRUCTION NEXT M&ES wlbk let
6O X 36
G20-1
S 66.67 $ 61.50 $ 79.801
$ 53.37
85
2D
WEIGHT LIMIT GROSS 30,000 WEIGHT LUT WW wr* IN
24x36
R12-1T
$ 26.85 $ 24.60 $ MM I
S 21.35
86
20
WEIGHTLUTGROSS 58,420WEIGHT LIMIT Whtwlbkot
24X36
R12-1T
$ 26.85 $ 24.60 $ 27-921
S 21.35
87
20
NO THRU 7RLICKS OVER 30,000 LBS. Whtwlbk let
24X36
MO-30
$ 26.85 $ 24.60 $ 2292
S 21.35
5
ROAD CLASm - CULVERT OUT- or, k t
36 X 36
MCW20•CO
$ 40.09 $ 63.09 $ 47.88
$ 3202
89
5
ROAD CLOSED - While Mk W&. **100 '
30X48
R11-2
$ 6240 S 58.50 $ 6420
NB
90
5
ROAD CLOSED ToTHRUTRAFFIC-Whtwrakt"7AOO-
3OX60
R11-4
$ 77.88 $ 73.13 $ 8015
WB
91
10
ROAD CONST wnoN AHEAD- wlbk let "'ADO"'
48X48
CW204D
$ 99,52 $ 93.60 $ 79.72
NB
92
D
IP- Yelow wklack letlers
30X30
DIP
$ 28.10 S 25.60 $ 3325
$ 22.23
93
C
AUTION-MEVENLAWS - Orange wlblarkWars
36X36
CW21-14
$ 40.09 $ 63.09 $ 47.88
$ 3202
94
10
R.WRA&-ROAD CROSSING -Yelmwldacklewrs
36'
W10-1
$
40.09
63.09 S 37.88
$ 30.16
OTY
EST
OTT
DESCRIPTION
S~
SIGMt
•CUSTON PRO
D -OSBURN
ASSOC
ROCAL INC
WUWAN,INC.
126
500
lCherry Mate P Rivets 7B' Grip R
$ 0.16
WB
WB
S 0.26
127
200
ID* ..W Posts. 318' Holes Fui 72'
77
$ 5.76
NB
NB
$ 5.97
128
Yd Re8 Tape . Grade Press Sens 3' w x 50 ds 1
$28.01
WB
WB
S 30.74
129
Grn Re8 Tape . Grade Press Sens 6" w x 50 ds 1
NB
WB
S 61.47
130
White Re8 Tape . Grade Press Sens 18' w x 50 ds I
72'
WB
NB
S 184.41
131
Black Pregme Sensitive Tape 4" wide x 50 ft
V
NB
NB
S 46.67
132
150
MINUTEMAN ' Post TotalAssem Base post sign post
WB
NB
$ 69.96
base Dos[ hardware, shear vim and cable - Green
101-0'
NB
NB
133
25
6NUTE4mNBasePod
Y-W
S 10.27
NB
WB
$ 8.63
134
50
MINUTEMAN Base Post Hardware
$ 0.34
NB
NB
$ 33.65
135
100
MINUTE-MAN Shea Pins
s 11.59
NB
WB
$ 7.75
136
200
Cables for MINUTE-MAN post
$ 9.00
NB
NB
$ 4.91
137
250
eiow Dia Gr., alumbw deinalor markers
4" X 4
TR -44
$ 1.38
$ 1.50
S 239
$ 1.85
138
200
HP 76 - BuNOn Head Bob - sleet
5116' X
$ 0.30
WB
NO
$ 0.29
139
2
100T0d
[
$ 4.52
NB
WB
$ 5.50
140
el6ers-PressrsesenspveSeries 'C-ViW
Lethers
and Numbers in packaues
20
A-Z.0-9. high Wensity
S 7.27
WB
NB
$ 7.50
20
A-ZO-9.dmW
6'
$ 3297
WB
NB
$ 2250
20
A-Z high '
MWW
2'
$ 290
WB
NB
$ 3.30
20
A-Ldamond grade
$ 15.83
NB
WB
$ 1250
141
Lepers-Pres. SensiiveSeries'C-Black
Leer, and Numbers in packaes
5
A- 0-9
4'
$ 3.62
WB
NB
$ 3.50
5
A-ZO-9
6'
$ 6.96
NB
NB
$ 6.10
5
-ZO-9
8'
$ 10.96
WB
WB
$ 9.50
2
A-ZO-9
10'
$ 17.59
NB
NB
$ 1250
142
5
Reduced speed ahead - white w/ black leders
24X 30'
R2-5a
$ 2286
$ 20.50
$ 26.60
$ 18.10
143
100
2-38' OD x 100' LG Pos-Loc ' or equal
101-
S 29.03
NIB
NB
$ 31.31
144
20
1
4-Wav sign -(edw/while W&fs
12x6
R7-3-4
$ 3.00
$ 205
$ 241
$ 254
145
20
4-Wav *,red w1 while Wm da Grd
12x6
R1-3-4
$ 4.49
$ 3.51
$ 3.90
$ 4.36
146
10
School Advance ' Yelow wl black Won
3606
S7-1
$ 40.09
$ 36.90
S 37.88
$ 29.38
147
10
School CMSSiN Yebw w/ black Idlers
36 x 36
S2-1
S 40.09
$ 36.90
$ 37.88
$ 29.38
146
10
When CNdren Are PresW-while w/ Mack legs
24 x10
S4-2
$ 8.09
$ 6.83
$ 8.05
$ 6.47
149
10
Sch001-Ye1ow w/ black Idlers
24 x 8
S4-3
$ 6.47
$ 5.47
$ 6.41
$ 5.41
150
10
End School Zone MUM w/ black Idlers
24 x 30
S5-2
$ 2286
$ 20.50
$ 19.10
$ 18.10
151
10
3-Way sign -Red wl while Idlers
12 x 6
R1-3
$ 3.00
$ 205
$ 241
$ 254
152
153
154
155
156
157
158
159
160
10
10
10
10 S
10 R
10 L
10 N
10 R
50 E
3-W -Redw/while W&rs-DiaGrd
Do not block WWmec60n
Do not stop on tracks
dool Zone tirne kft
ound Post Caps (tr -1ruded sigm)
oose Gravel - Orange wAiad ktiers - alrminun
o Thu rucks - While wfdack lefhirs - ahumintsn
oad Wok Ahead - wlblack leMm - ahminun
5muded Street Nana Sign - Blaalcs - pen - ahminum
12x6
24x 36
24 x 36
24 x10
2-7/r
30x30
24 x 36
36x36
6x48
111-3
R10-7
R8$
S4-1
W8-7
MCW2D-1D
S 4.49
$ 26.85
$ 26.85
$ 9.18
$ 6.55
$ 28.10
$ 26.85
$ 40.09
$ 16.85
$ 3.51
$ 24.60
$ 24.60
$ 6.83
WB
$ 25.fi0
$ 24.60
$ 36.90
$ 18.30
$ 3.90
S 2292
$ 2292 $
$ 8.05 $
WB $
$ 23.88 $
$ 2292 $
$ 34.38 $
$ 1239 $
$ 4.36
$ 17.79
17.79
6.47
4.88
?223
21.35
3202
13.96
"SEE ACTUAL BIDS FOR EXCEPTIONS
RECOMMENDATION: Primary Vendor - Vulcan
Secondary Vendor- Osbum
COURT APPROVAL: DATE:
BID TABULATION 2009-10
FLEXIBLE BASE / SCREENINGS / SAND
1112012008 THRU 1111912009
BIDDERS
EST
TONNAGE
LOADED
ONLY
58,420 LBS
LOADED/
HAULED
58,420
LBS
LOADED
ONLY
80,000 LBS
LOADED/
HAULED
80,000
LBS
LOCATION OF PLANT
AUSTIN CRUSHED STONE
FLEX BASE TYPE GR 1- Flexible Base Code III TCS
310,000
$ 6.25
$ 30.15
$ 6.25
S 2267
Round Rock TX
LIMESTONE SCREENINGS - D Screening 4m Code 268 CS
2.0110
$ 425
$ 27.49
$ 4.25
S 20.67
Round Roc TX
WASHED CONCRETE SAND - Washed Sand Code 270 TCS
000
$ 9.45
$ 34A1
$ 9.45
$ 25.87
Round Roc TX
RIPRAP TYPE F -12" Rip Rap, Code 012 Hard Stone CS
2,000
$ 10.85
$ 40.13
$ 10.85
$ 30.17
Round Rock TX
3"- 6" AGGREGATE TYPE 1 - 3 x 5 Stone Code 005 CS
2.000
$ 9.85
$ 33.99
$ 9.85
$ 25.56
Round Roc TX
3"- 6" AGGREGATE TYPE 2 - 3 x 5 Stone Code 005 CS
000
$ 9.85
33.99
$ 9.85
$ 25.56
Round Rock, TX
3"- 6" AGGREGATE TYPE 4 - 3 x 5 Stone Code 005 CS
2.000
$ 9.85
$ 33.99
$ 9.85
25.56
Round Roc TX
RIPRAP TYPE R - Rip Rap 24", Code 024 TCS
2,000
$ 14.40
$ 4282
$ 14.48
$ 31.68
Round Rock, TX
BRAZOS SITEWORK
FLEX BASE TYPE GR 1 - Su erflex 111
310,000
$ 20.00
$ 33.00
$ 20.00
$ 22.00
Georgetown
LIMESTONE SCREENINGS - Limestone Screenings #2
2,000
$ 14.50
$ 23.65
$ 14.50
$ 17.59
Kosse
WASHED CONCRETE SAND - Washed Sand 4000
2,000
$ 10.00
$ 18.00
$ 10.00
$ 13.00
Ma field
RIPRAP TYPE F
2,000
NIB
NIB
NB
NB
3"- 6" AGGREGATE TYPE 1
000
NB
NIB
NIB
NIB
3"- 6" AGGREGATE TYPE 2
2,000
NIB
NIB
NIB
NB
3"- 6" AGGREGATE TYPE 4
2.000
NB
NIB
NIB
NIB
RIPRAP TYPE R
2,000
NIB
NB
NIB
NIB
`COLORADO MATERIALS
FLEX BASE TYPE GR 1-1-247 T -A Gr-1 Base # 1010
310.000
s 4.75
$ 55.50
$ 4.75
$ 33.75
Comal County, TX
LIMESTONE SCREENINGS - D Screenings #1435
2,000
2.25
$ 53.00
$ 2.25
$ 31.25
Comal County, TX
WASHED CONCRETE SAND
2,000
NB
NIB
NIB
NB
Comal County, TX
RIPRAP TYPE F
000
NIB
NIB
NIB
NIB
Cornal County, TX
V0L116-PA tGE 9 lc~
BID TABULATION 2009-10
FLEXIBLE BASE / SCREENINGS 1 SAND
11/20/2008 THRU 11/1912009
3"- 6" AGGREGATE TYPE 1 - 3 x 5 Stone Code 005 CS
2,000
$ 12.85
$ 32.85
$
12.85
$
28.85
B an TX
3"- 6" AGGREGATE TYPE 2 - 3 x 5 Stone Code 005 TCS
"
2,000
$ 12.85
$ 32.85
$
12.85
$
28.85
Bryan, TX
3
- 6" AGGREGATE TYPE 4 - 3 x 5 Stone Code 005 CS
2,000
12.85
$ 32.85
$
12.85
j
28.85
Bryan, TX
RIPRAP TYPE R Rip Rap Type R 5 x 13 Largest Available), 0018
2,000
$ 17.00
$ 35.00
$
17.00
j
33.00
Bryan, TX
STATEWIDE MATERIALS TRANSPORT
FLEX BASE TYPE GR 1- Al Limestone GR7
310,000
$ 20987
$ 20.87
$
20.87
$
20.87
Geor etown & Jarrell TX
LIMESTONE SCREENINGS - Limestone Screenings, LS
2.000
j 19.27
$ 19.27
$
19.27
$
19.27
Georgetown & Jarrell, TX
WASHED CONCRETE SAND
2.000
NB
NIB
NB
NIB
Georgetown & Jarrell TX
RIPRAP TYPE F - Type 1 x 12
"
"
2.000
S 33.33
$ 33.33
$
33.33
$
33.33
Georgetown & Jarrell TX
3
- 6
AGGREGATE TYPE 1 - 3 X 5
"
"
2,000
$ 26.53
$ 26.53
$
26.53
$
26.53
Georgetown & Jarrell TX
3
- 6
AGGREGATE TYPE 2 - 3 x 5
"
"
2,000
26.53
$ 26.53
$
26.53
$
26.63
Geo etown 3 Jarrell TX
3
- 6
AGGREGATE TYPE 4 - 3 X 5
2,000
$ 26.53
$ 26.53
S
26.53
$
26.63
Georgetown & Jarrell, TX
RIPRAP TYPE R, Type R 1 x 3
2,000
$ 33.91
$ 33.91
$
33.91
S
33.91
Geo etown & Jarrell, TX
LONE STAR AGGREGATES
FLEX BASE TYPE A GR i - State Base TM045
310,000
NIB
NIB
NIB
NIB
Richland TX
LIMESTONE SCREENINGS - Screenin s
2,000
$ 9.50
$ 37.50
$
9.50
$
29.15
Richland TX
WASHED CONCRETE SAND -
2000
NIB
NB
NIB
NIB
Richland TX
RIPRAP TYPE F - Rio Rap 12 x 18
"
"
2 OOD
S 23.50
$ 51.50
$
23.50
$
43.15
Richland TX
3
- 6
AGGREGATE TYPE 1 - 3 X 5 Fitter Rock
"
"
2,000
S 16.75
$ 44.75
$
16.75
S
36.40
Richland TX
3
- 6
AGGREGATE TYPE 2 - 3 X 5 Fitter Rock
"
"
2 000
$ 16.75
$ 44.75
$
16.75
$
36.40
Richland TX
3
- 6
AGGREGATE TYPE 4- 3 X 5 Fitter Rock
2,000
$ 16.75
S 44.75
S
16.75
j
36.40
Richland TX
RIPRAP TYPE R RI Rap, Type "R"
2 000
S 23.50
S 51.50
$
23.50
S
43.15
Richland TX
"Colorado Materials requires a 48 hour notice for delivery of materials to job site
"Ground Basics requires a 48-72 hour notice for delivery of quantities over 1500 tons per day
RECOMMENDATION: 80,000 # Loaded and Hauled
Flexible Base - Primary Vendor, Knife River Secondary Vendor, Superior Crushed Stone
Limestone Screenings - Primary Vendor, Brazos Sitework Secondary Vendor, Knife River
Washed Concrete Sand - Primary Vendor, Superior Crushed Stone Secondary Vendor, Knife River
RipRap Type F, 3-6" Aggregate Type 1,2 & 4, & Riprap Type R
Primary Vendor- Superior Crushed Stone
Secondary Vendor- Austin Crushed Stone
80,000 # Loaded Only
Flexible Base and Limastnne Arreenin-
Primary Vendor- RTI Hotmix
Secondary Vendor- Superior Crushed Stone
Washed Concrete Sand- Primary Vendor, RTI Hotmix Secondary Vendor, Knife River
Riprap Type F- Primary Vendor, Austin Crushed Stone Secondary Vendor, Superior Crushed Stone
RipRap Type F, 3-6" Aggregate Type 1,2 & 4, & Riprap Type R
Primary Vendor- Superior Crushed Stone
Secondary Vendor- Austin Crushed Stone
58,420 # Loaded and Hauled
Flexible Base- Primary Vendor, Statewide Materials Secondary Vendor, Knife River
Limestone Screenings- Primary Vendor, Statewide Materials Secondary Vendor, RTI Hotmix
Washed Concrete Sand- Primary Vendor, Knife River Secondary Vendor, Brazos Sitework
Riprap Type F- Primary Vendor, Ground Basics Secondary Vendor, Statewide Materials
RipRap Type F, 3-6" Aggregate Type 1,2 & 4, & Riprap Type R
Primary Vendor- Statewide Materials
Secondary Vendor- Ground Basics
58,420 # Loaded Only
Flexible Base - Primary Vendor, Knife River Secondary Vendor, Superior Crushed Stone
Limestone Screenings - Primary Vendor, Brazos Sitework Secondary Vendor, Knife River
Washed Concrete Sand - Primary Vendor, Superior Crushed Stone Secondary Vendor, Knife RI
RipRap Type F, 3-6" Aggregate Type 1,2 & 4, & Riprap Type R
Pyirjiary Vendor- Superior Crushed Stone 0 • Y-.
econdaryVen - ustin Crushed Stone
COURT
APPROVAL DATE:-////,
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1
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: November 18, 2008_
ITEM: Request from TAMU Utilities for permission to construct open-cut for water line
installations in the right of way of Luza Lane. 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 Devices for Streets and Hiwa s published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY: h
Richard F. Vance, P.E. Commis oner Care auley
County Engineer Precinct 4
CC2008-074
This Request i Approved //Denied 0 by Commissioners' Court
Date: -71----
Randy Sip&, County Judge
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) TAMU Utilities proposes to place
a (type) water lines within _ across X the right-of-way of (road) Luza Lane
in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3 copies of the
drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning of construction in
order that he, or his designated inspector, may inspect the actual installation;
2. All damage to the roadways and rights-of-way will be repaired to their original condition
to the satisfaction of the County Engineer;
3. Brazos County reserves the right to require Applicant to relocate or lower any such line
at no cost to Brazos County, should same become necessary due to widening or
lowering, or other alteration of the roadway or right-of-way;
4. Brazos County will in no way be responsible for any damage which might occur to any
existing utility lines in the right-of-way;
5. The line will be constructed and maintained on the County right-of-way in accordance
with the Utility Accommodation Policy which was adopted by the Texas Department of
Transportation on May 29, 1989;
6. The line or lines will be constructed no less than twenty-four inches (24") lower than the
lowest part of the drainage or bar ditch and the drainage is to be considered at least two
feet (T) below the center of the roadway;
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 10 day of November , 20 8 .
APPROVED BY COMMISSIONERS' COURT:
Date J
Brazos
10/82009
Judge
0
Firm: TAMU/EDS
By: Mikael Olsen
Title: Civil/Structural Engineer
Address: 600 Agronomy Road
College Station 77843
Phone: 458-0417
1'
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