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Home My WebLink About2008-11-25-9:00AM-REGULARv n BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT - THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 25 NOVEMBER 2008 AT 9:00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 _ Invocation and Pledge of Allegiance - Commissioner Cauley_ 2_ Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 15: 3_ Budget Amendment 07/08-56.1 _ 4_ Budget Amendment 08/09-8.1 thr 8-2- 5- Personnel Change of Status. 6_ Letter of Addendum to the contract with The Children's Museum for FY 2009- 7- Payment of Claims_ 8_ Interlocal Agreement with Anderson County, Texas for the housing of im zttas from the Brazos County Jail so that the population in the Brazos County Jail will be in compliance with the Texas Minimum Jail Standards. 9_ Request from the Brazos Center for permission to donate a 7-step rolling ladder to the Brazos Valley Museum of Natural History_ Office of the County Judge • 200 South Texas Ave. - Suite 332 Bryan, Texas 77803 Fax: (979) 381-4503 Commissioners Court Agenda 25 November 2008 Page 2 10. Commissioners Court minutes for the following 2008 dates: a.. 14 July - 1 Aug. Budget Workshop b. 4 Aug. Budget Workshop 1. 2 Sept. Regular Meeting 4 C. 5 Aug. Regular Meeting d 5-8 Au B d m n. . Sept. Workshop Session 4 Sept. Public Hearing 10:00 a.m. . g. u get Workshop e. 12 Aug. Regular Meeting o. 4 Sept. Public Hearing 2:00 p.m. f. 12 Aug. Workshop Session 1 p. q. 9 Sept. Regular Meeting 9 Sept. Public Hearing g. 9 Aug. Regular Meeting h. 19 Aug. Executive Sessio r. 12 Sept. Special Meeting n i. 22 Aug. Special Meeting 9:00 a.m. 2 s. t. 16 Sept. Regular Meeting 19 Sept. Special Meetin j. 2 Aug. Special Meeting 3:30 p.m. k. 26 Aug. Regular Meeting u. g 23 Sept. Regular Meeting 3 v. 0 Sept. Regular Meeting 11. Tax Refund Applications for the following: a. James T. Bond (4) b. Exchange Land j. Thomas Wade Radowitz rt Fell c. Jokn Kp k. 1. Daniel Ramirez Schulman Theatres Inc t d. Gst Control rol e. Rene & Lawrence Hairston m. n. , . Terri Seiter Texas Custom & Accessori f. Hendricks Financial Service, Inc. g. Raylene Lewis o. es R-ethtt Anne-hero r6t VI ~~/>R,- h. Noor Communications, Inc. p' q. WMS Construction, Inc. Wilshire Skyline Texas LLC i. RDM Audio Services r. Anita Arriazola & Raymond Re e y s, Cristella Martin 12. Payment authorization in the amount of $95, software licensing and s f 099 .00 to Hart Intercivic for the annual upport or the elec November 2009. tion equipment for November 2007 - 13. Payment authorization in the amount of $1,756.00 to ThyssenKrupp Elevator Corp. for elevator maintenance for the months of October and November. 14. Payment authorization in the amount of $162.50 to CME Testing and Engineering, Inc. for the compression of 2-inch mortar cube specimens for the Jail addition. 15. Final Plat of Duck Haven Subdivision Phase Four, 15.246 acres, B. McGregor survey, A-170, (City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. Do make arrangements, please call (979) 361-4102. 11 &K COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 25, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, November 25, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-56.1 that would transfer funds from Contingency to the Health and Life Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. Vol 1~_ page _ aa3 Commissioners Court meeting November 25, 2008 2 The Court next considered Budget Amendment ##08/09-8.1 through 8.2 that would reallocate funds for the Justice of the Peace Technology Fund and transfer funds from Contingency to the County Drug Court Program. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. 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 Cauley, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was consideration of a Letter of Addendum to the contract with the Children's Museum for FY 2009 in which the payment would be made in one lump sum of $15,000.00 rather than in twelve (12) prorated monthly payments. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Addendum to the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7056484 through 7056765 Vol 1 I Page ?a 4 Commissioners Court meeting November 25, 2008 3 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The Court next considered an Interlocal Agreement to House Brazos County inmates in Anderson County. Due the demolition of the temporary jail facility during the construction of the jail expansion, the Brazos County jail capacity will be reduced and inmates will have to be temporarily moved to other facilities in order to be in compliance with the Texas Minimum Jail Standards. Anderson County has twenty (20) beds available for housing at a per diem rate of $38.00. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Interlocal Agreement with Anderson County and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a request from the Brazos Center for permission to donate a 7 step rolling ladder to the Brazos Valley Museum of Natural History. The ladder has a broken brake. The Director of the Museum is aware of it and will train her staff to take the necessary precautions when it is being used. The County Judge stipulated that he wanted the Brazos Center to sign a letter Vol 0 Page a d5 Commissioners Court meeting November 25, 2008 4 divesting itself of any liability with the ladder. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request to donate the ladder to the Brazos Valley Museum of Natural History. The Court next considered approval of the minutes of the Commissioners' Court meetings held in July and August 2008 the following dates: a. 14 July - 1 Aug. Budget Workshop b. 4 Aug. Budget Workshop c. 5 Aug. Regular Meeting d. 5-8 Aug. Budget Workshop e. 12 Aug. Regular Meeting f. 12 Aug. Workshop Session g. 19 Aug. Regular Meeting h. 19 Aug. Executive Session i. 22 Aug. Special Meeting 9:00 a.m. j. 22 Aug. Special Meeting 3:30 p.m. k. 26 Aug. Regular Meeting 1. 2 Sept. Regular Meeting m. 4 Sept. Workshop Session n. 4 Sept. Public Hearing 10:00 a.m. o. 4 Sept. Public Hearing 2:00 p.m. p. 9 Sept. Regular Meeting q. 9 Sept. Public Hearing r. 12 Sept. Special Meeting s. 16 Sept. Regular Meeting t. 19 Sept. Special Meeting u. 23 Sept. Regular Meeting v. 30 Sept. Regular Meeting on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. Vol I I l~ Page _ aa(~ Commissioners Court meeting November 25, 2008 5 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. James & Margaret Bond, over $13.02, $42.71 Payment $52.06, $83.52, b. Exchange Land, over payment $74.66 c. John Robert Fell, over payment $12.22 d. Gustavus Pest Control, payment $18.96 e. Rene & Lawrence Hairston, over payment $524.40 f. Hendricks Financial Service, Inc., over payment $8.25 g. Raylene Lewis, overpayment $32.11 h. Noor Communications, Inc., over payment $8.56 i. RDM Audio Services, over payment $72.20 j. Thomas Wade Rakowitz, over payment $200.00 k. Daniel Ramirez, over payment $175.19 1. Schulman Theatres, Inc., over payment $12.30 m. Terri Seiter, over payment $32.11 n. Texas Custom & Accessories, over payment $6.62 o. Retha Ann Valero, over payment $66.54 p. WMS Construction, Inc., over payment $29.30 q. Wilshire Skyline Texas LLC, over payment $359.75 r. Anita Arriazola & Raymond Reyes, Cristella Martin, over payment $74.47 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. There was a correction to the spelling of a name on item "d" and owner's name on item "o". The Court next considered a payment authorization in the amount of $95,099.00 to Hart Intercivic for the annual software license and support for the County's election equipment. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Vol 11 Page _ aa-7 Commissioners Court meeting November 25, 2008 6 The Court next considered a payment authorization in the amount of $1,756.00 to Thyssen Krupp for monthly elevator maintenance for October and November. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $162.50 to CME Testing and Engineering Inc. covering the compression of 2-inch mortar cube specimens for the jail addition. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of the Final Plat of Duck Haven Subdivision Phase Four, 15.246 Acres located in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of the Duck Haven Subdivision Phase Four, 15.246 Acres as submitted. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The High Speed Rail meeting will be here on December 9 at the Pebble Creek Country Club. Vol I= Page a Commissioners Court meeting November 25, 2008 7 He needs a head count of those who will be attending. Under citizen input and/or concerns the following spoke: Sheriff Chris Kirk a) There were 571 inmates in jail this morning. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Wassermann a) He met with the animal ordinance committee and they will soon take their recommendations to the cities for approval. There being no further business to come before the Court the meeting was adjourned. Vol I_ page _ dd9 The foregoing minutes of the Commissioners Court meeting held November 25, 2008 have been examined and are approved in open Court this the _ ( 1'-9- day of 2008, in Bryan, Brazos County, Texas. Randy Sims County Jufd Duane Peters Commissioner, Precinct 2 IC ey Ca ey, Jr. • Commiss' ner, Precin 4 Attest: rCounty Clerk Lloyd assermann Commissioner, Precinct 1 ~Q Kenny Mallard Commissioner, recinct 3 Vol 11 Page _ a3 0 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT ? : Oa - Yl~, -~r Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-56.1 On this the 25th 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 25 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 25th day of November 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 56.1 FUND DIV ACC I ucaituuts 0100 0100 11001500 T 61130000 913330000 PROJ DR/CR CR DR ACCOUNT NAME Contin enc -General Fund Increase Decrease 116,890.00 5000 5000 4005000 49028000 CR Transfer to HLI Fund Transfer from General Fund 116,890.00 116,890.00 71112000 DR Health & Life Medical Claims 116 890 00 , . Contingency & Health and Life Fund To transfer funds to the Health and Life Fund to all ow for th e accrual of insurance claims to close ou t fiscal ear 2008. ) "IQ Department proval' Prepared By: if Date: 11/18/2008 County Judge pproval l1-/9.() Date to ~~a a33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09-8.1 thru 8.2 On this the 25`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 25 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 25`h day of November 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 4 93-1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 8.1 9~~'c G AF / ym 8 Departme tApprov Date Prepared By: ifj Date: 11/1812008 County Jud Approval Date 110 X35 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 8.2 ua a~ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 25, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Reauests 5 Department Submitting Employee Request Action Request__ Request(s) Applies To Information Technology Patten, Josh Budget Change Juvenile Services Berka, Stephanie Resignation Cannon, William Jordan New Hire Holster, David New Hire Shea, Anke New Hire Wada, Kazuki New Hire Road and Bridge Barnett, Michael W. New Hire Galindo, Calistro New Hire Mitchell, Paul New Hire Waggoner, Robert L. New Hire Sheriffs Office Matott, Michael New Hire Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes) iiW a37 L LOYD WASSERMANN Precinct 1 G. KENNY MALLARD (979) 361-4106 c~R Preci Precinct 3 Preci Iwassermann@co.brazos.tx.us of 361-4105 kmallard@co.brazos.tx.us BRAZOS COUNTY COMMISSIONERS COURT E. DUANE PETERS Precinct 2 RANDY SIMS CAREY CAULEY, JR. (979) 361-4115 County Judge (979) 361-4102 Precinct 4 dpeters@co.brazos.tx.us rsims@co.brazos.tx.us (979 361 361-4111 .brazos.tx.us November 13, 2008 Shawn Andaya-Pulliam Executive Director Children's Museum 111 East 27"' Street Bryan, Texas 77803 Dear Ms. Andaya-Pulliam: This letter is to confirm our conversation today. The current agreement Brazos County has with The Children's Museum states Payments of such sum will be invoiced and paid in ttiveli,e (12) prorate »tontlily payt)teitts. I understand that The Children's Museum would rather receive one lump sum of $15,000, as it has been handled in past years and I have spoken with the County Judge regarding this matter. We propose to amend the current contract to read: The County, for and in consideration of the services provided by Museum, hereby agrees to pay to The Children's Museum of the Brazos Valley the hunp star payment of $15, 000 (Fifteen Thousand and no1100) ,for the period beginning October 1, 2005 and ending September 30, 2009. Please sign below if you are in agreement to this amendment. I will place this on the agenda for Commissioners Court approval once I have received a signed copy of this letter. You may send a copy to me via fax (361-4176) with hard copy to follow by mail. Sincerely, Candy Gat go Executive Assistant 'Shawn Andaya-Pulliam Randy Executive Director, The Children's Museum Brazos ATTEST: G KCounty Clerk Judge INMATE HOUSING AGREEMENTS This agreement is made by and entered into between Anderson County, Texas (hereinafter "Anderson County") and Brazos County, Texas (hereinafter "Brazos County") on the date indicated below. WHEREAS. Brazos County is seeking to provide for the housing and care of certain inmates incarcerated or to be incarcerated in its jail, and WHEREAS, Anderson County currently has the jail capacity and the ability to provide housing and care for such inmates, and WHEREAS, both parties are political subdivisions of the State of Texas authorized to enter into an lnterlocal Cooperation Agreement for such detention services pursuant to Tex. Govt. Code Sec. 791.003 (a) and WHEREAS, Brazos County and Anderson County desire to enter into an agreement pursuant to which Anderson County will provide housing and care for certain inmates incarcerated or to be incarcerated in the Brazos County jail. NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the parties hereto mutually agree as follows: ARTICLE I DETENTION SERVICES 1.01 HOUSING AND CARE OF INMATES: Anderson County agrees to accept, and provide for the secure custody, care and safekeeping of inmates of Brazos County in accordance with state and local law, including the minimum standards promulgated by the Texas Commission on Jail Standards. Anderson County shall provide housing, care, meals and routine medical services for such inmates on the same basis as it provides for its own inmates confined in its own jail subject to the terms and conditions of this agreement. The Anderson County Sheriff" Office will be responsible for administering the inmates housed pursuant to this agreement. 1.02 PER DIEM RATE: The per diem rate for detention services under this agreement is thirty-eight dollars ($38.00) per "inmate day". "Inmate day" means each 24 hour period or any portion thereof commencing at the time of the inmate's arrival and ending upon the inmates discharge from Anderson County. Illy a3q 1.03 MEDICAL SERVICES: The per day rate under this agreement covers only routine medical services such as on-site sick call (when provided by on-site staff and non- prescription, over-the-counter/non-legend routine drugs and medical supplies. The per day rate does not cover medical health care services provided outside of Anderson County's facility or by other than facility staff; prescription drugs and treatments, or surgical, optical and dental care, and docs not include the costs associated with any hospitalization of an inmate. Brazos County shall pay Anderson County an amount equal to the amount Anderson County is required to expend for medical services other than those routine medical services provided for by the per day rate. When it becomes medically necessary for an inmate to hospitalized as determined by the medical staff of the Anderson County Sheriff's Office, the Anderson County Sheriff's Office shall contact Brazos County, through its Sheriff or designated representative, as soon as possible to inform Brazos County of the fact that the inmate has been, or is to be, hospitalized and of the nature of the illness or injury that has required the hospitalization. Anderson County may in its discretion transfer an inmate with a non-emergency medical condition back to Brazos County. Anderson County shall submit invoices for such medical services along with its regular monthly billings for detention services, and such invoices shall be paid on the same terms as the regular monthly billing. It is understood and agreed that if the hospitalization of an inmate is to be for a duration of more than 24 hours or the cost of any medical care or hospitalization is to exceed $2.000.00, Anderson County has the right to arrange for the hospital or health care provider to bill Brazos County directly or the costs of the hospitalization and/or medical care, rather than Anderson County paying the costs and billing the same to Brazos County. If the hospital or health care provider refuses to bill Brazos County directly, Brazos County shall reimburse Anderson County for such costs within thirty (30) days of receipt of an invoice from Anderson County, which invoice may be delivered personally, by facsimile, by mail or by other reliable courier. 1.03 MEDICAL INFORMATION: Brazos County shall provide Anderson County with medical information for all inmates sought to be transferred to Anderson County's facility under this Agreement, including information regarding any special medication diet or exercise regimen applicable to each inmate. No inmates will be accepted by Anderson County unless the inmate has a current negative tuberculosis test. A copy of the test will be included with the transportation documentation submitted with the inmate. J1a a~ 1. 05 TRANSPORTATION AND OFF-SITE SECURITY: Brazos County is responsible for the transportation of its inmates to and from Anderson County's facility. Brazos County shall be responsible for the transportation of its inmates to/and from court proceedings and hearings. Brazos County is responsible for transportation of inmates to the Texas Department of Criminal Justice facilities and contract facilities. Anderson County agrees to provide non-ambulance transportation for inmates to and from off-site medical service providers in Anderson County. Transport to off-site medical service providers not located in Anderson County is the sole responsibility of Brazos County. Ambulance transportation (including emergency, flight, etc.) is not covered by the per day rate and will be billed along with the regular monthly billing submitted to Brazos County by Anderson County. Anderson County will provide off-site stationary guard services as requested or required by the circumstances or by law for inmates admitted or committed to an off-site medical facility in Anderson County. Brazos County shall compensate Anderson County at the rate of $25.00 per hour for guard services which shall be billed by Anderson County along with the regular monthly billing for detention services. 1.06 SPECIAL PROGRAMS: The per day rate set out in this agreement only covers basic custodial care and supervision and does not include any special educational, vocational or other programs. The parties may agree by a written amendment to this agreement, or by separate agreement, for the provision of special programs for the consideration and under the terms mutually agreed to by the parties. 1.07 LOCATION AND OPERATION OF FACILITY: Anderson County shall provide the detention services described herein at the Anderson County Detention Center in Palestine, Texas. /to 3 ~ a4~ ARTICLE II FINANCIAL PROVISIONS 2.01 BILLING PROCEDURE: Anderson County shall submit an itemized invoice for the services provided each month to Brazos County by the Ie of the month immediately following the rendering of incarceration services. Invoices will be submitted to the officer of Brazos County designated to receive the same on behalf of Brazos County. Brazos County shall make payment to Anderson County within thirty (30) days after receipt of the invoice. Payment shall be in the name of Anderson County, Texas and shall be remitted to: Anderson County Auditor Anderson County Courthouse Annex 703 N. Mallard Palestine, Texas 75801 Amounts which are not timely paid in accordance with the above procedure shal l bear interest at the lesser of the annual percentage rate of 18% or the maximum legal rate applicable thereto, which shall be a contractual obligation of Brazos County under this agreement. 2.03 ATTORNEYS FEES: Brazos County further agrees Anderson County is entitled to recover its reasonable and necessary attorney's fees and costs incurred in collection of amounts due under this agreement. ARTICLE III TERM OF AGREEMENT 3.01 PRIMARY TERM: The primary term of this agreement is for a period of one (1) year from the date of execution of this agreement by both parties. 3 .02 RENEWALS: This agreement may be renewed annually by mutual agreement of parties. In the event that the parties seek to renew this agreement at the end of the primary term or any renewal period, the per diem rate for detention services shall be at the rate negotiated by the parties for such renewal period. The terms, conditions and rates with regard to any renewal period shall be mutually agreed between the parties, and as approved by the commissioners court of the each county. 3.03 TERMINATION: This agreement shall terminate at the end of the primary term or of any renewal term unless renewed pursuant to Section 3.02. In addition this agreement may be terminated upon sixty (60) days written notice by either party delivered to the officer specified herein by the other party to receive notices. This agreement will likewise terminate upon the happening of an event that renders performance hereunder by Anderson County impracticable or impossible, such as severe damage to or destruction of tile facility or actions by governmental or judicial entities which create a legal barrier to the acceptance of any of Brazos County's inmates. ARTICLE IV ACCEPTANCE OF INMATES 4.01 COMPLIANCE WITH LAW: Nothing herein shall create any obligation upon Anderson County to house Brazos County's inmates where the housing of said inmates will, in the opinion of the Anderson County Sheriff, raise the population of the facility above permissible numbers of inmates allowed by law, or will, in the Sheriff s opinion, create a condition of overcrowding or create conditions which endanger the life and/or welfare of personnel and inmates at the facility, or result in possible violation of the constitutional rights of the inmates housed at the facility. At any time that the Anderson County Sheriff determines that a condition exists at the Anderson County facility necessitating the removal of the Brazos County's prisoners, or any specified number thereof. Brazos County shall, upon notice by the Anderson County Sheriff to the Sheriff of Brazos County, immediately (within eight (8) hours) remove said prisoners from the facility. 4.02 ELIGIBILITY FOR INCARCERATION AT FACILITY: The only inmates of Brazos County eligible for incarceration in Anderson County are those inmates eligible for incarceration in the facility in accordance with the state standards under both the Jail Commission approved custody assessment system in place at Brazos County's jail and pursuant to the custody assessment system in place at the Anderson County facility. All inmates proposed by Brazos County to be transferred to the Anderson County facility under this agreement must meet the eligibility requirements set forth above. Anderson County reserves the right to review the inmates' classification/eligibility, and the right to refuse to accept any inmate that it does not believe to be properly classified as a non-high risk inmate. Furthermore, if an inmate's classification changes while incarcerated at Anderson County's facility, Anderson County reserves the right to demand that Brazos County remove that inmate and replace said inmate with a non-high risk inmate of Brazos County. 4.03 RESERVATION WITH REGARD TO ACCEPTANCE OR CONTINUED INCARCERATION OF INDIVIDUAL INMATES: Anderson County reserves the right for its Sheriff or his designated representative to review the background of all inmates sought to be transferred to the Anderson County facility and Brazos County shall ~i~ )43 cooperate with and provide information requested regarding any inmate by the Anderson County Sheriff. Anderson County reserves the right to refuse acceptance of any prisoner of Brazos County. Likewise, if an inmate develops a medical or psychological condition, or other circumstances of reasonable concern to the Anderson County Sheriff makes the inmate unacceptable for continued incarceration in Anderson County's facility in the opinion of the Anderson County Sheriff, Brazos County will be requested to remove said inmate from the facility, and shall do so immediately (within eight (8) hours) upon the request of the Anderson County Sheriff. Inmates may also be required to be removed from the facility when their classification changes for any purpose. 4.04 INMATE SENTENCES: Brazos County represents to Anderson County that all inmates transferred to Anderson County are serving legally adjudicated sentences or awaiting trial upon the issuance of warrant, information and complaint, or grand jury indictment. Anderson County shall not be responsible for the computation or processing of inmate's time of confinement, including, but not limited to, computation of good time awards/credits and discharge dates. Brazos County accepts all responsibility for the calculations and determinations set forth above and for giving Anderson County notice of same, and to the extent allowed by law, shall indemnify and hold Anderson County harmless for all liability or expenses of any kind arising therefrom. Brazos County inmates will be returned to Brazos County prior to discharge. Anderson County will only release inmates of Brazos County from custody to non-confinement when such release is specifically requested in writing by the Sheriff of Brazos County. 4.05 TRANSFER OF INMATES TO TEXAS DEPARTMENT OF CRIAWIINAL JUSTICE: Brazos County inmates sentenced to prison terms may be transferred by Anderson County when authenticated judgments or orders are presented to Anderson County. Brazos County is responsible for all documentation, arrangements and transportation for inmates to be transferred to the Texas Department of Criminal Justice. ARTICLE V MISCELLANEOUS 5.01 BINDING NATURE OF AGREEMENT: This agreement is contractual and is binding upon the parties hereto and their successors, assigns and representatives. 5.02 NOTICE: All notices, demands, or other writings may be delivered by either party hereto to the other by United States Mail or other reliable courier at the following addresses: Ilb a'~`f 6 Anderson County Judge Anderson County Courthouse Annex 703 N. Mallard Palestine, Texas 75801 Brazos County Judge Brazos County Courthouse 200 S. Texas Avenue, Suite 332 Bryan, Texas 77803 Brazos County Sheriff 1700 State Highway 21 West Bryan, TX 77803 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. 5.04 AMENDMENTS: This agreement shall not be modified or amended except by a written instrument executed by the duly authorized representatives of both parties and approved by commissioners courts of the respective parties hereto. This agreement contains the entire agreement of the parties. No prior agreement or understanding pertaining to any such matter shall be effective. 5.05 CHOICE OF LAW AND VENUE: The law which shall govern this agreement is the law of the State of Texas. All consideration to be paid and matters to be performed under this agreement are payable and performable in Palestine, Anderson County, Texas, and venue of any dispute or matter arising under this agreement shall lie in a district court of Anderson County, Texas. 5.06 APPROVALS: This agreement must be approved by the Commissioners Court of Brazos County and the Commissioners Court of Anderson County in accordance with the Interlocal Cooperation Act. 5.07 FUNDING SOURCE: Brazos County must pay all amounts due under this agreement from current revenues available to it in accordance with the Interlocal Cooperation Act. The signature of the Brazos County Auditor below certifies that there are sufficient funds from current revenues available to Brazos County to meet its obligations under this agreement. iI~ ass Signature and Execution; Judge Linda Bostick Ray Date Signed Anderson County Judge (As authorized and Approved by the Anderson County Commissioners Court by Order Dated 1 Judge ] Brazos 200 S/ Sims y Judge Date Signed Avenue, Suite 332, Bryan, Texas 77803 (As authorized and Approved by the Brazos County Commissioners Court by Order Dated ,ZL/~ 40Y~) Sheriff Greg Taylor Anderson County Sheriff Sheriff Chris Kirk Brazos County Sheriff 1700 State Highway 21 West Bryan, TX 77803 Date Signed Date Signed IIl~ d'Fl~ 8