HomeMy WebLinkAbout2009-01-13-9:00AM-REGULAR
OG~T Y O F S¢A~ _ . "
SRAZOS COUNTY °
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
TI3E COMMISSIONERS COURT OF BRA ZOS COUNTY WILL MEET IIV REGULAR SESSION ON 13 JANUARY 2009 AT 9_00 IN TIIE COMMISSIONERS
COURTROOM OF TILE COUNTY ADMINISTRATION BUILDING, 200 SOUT73 TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
1 _ invocation and Pledge of Allcgiancc - C~issioner Wasserxxi -
2_ Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 24:
3_ Brazos County Payroll for Fiscal Year 2009- Salary and Wages $ 33,729,275.00
Benefits 12,091,479-00
Total $ 45,820,754.00
4_ Brazos County Order 09-001 directing the Payroll Fund to the General Fund.
5_ Budget Amendment 08/09 - 15.1 tb- 15-4-
6- Personnel Change of Status. 7_ Out of state travel request ft <>=t the County Extension Off cc for Brandon Gregson to
attend the 2009 Joint Council of Extension Professionals ~J.C_E_P conference in Orlando, Florida. Dates of travel are 10-12 February 2009_
Offl- of the County Judge - 200 South Texas Ava" Suite 332 Bryan, Texas 77803 - Fax: (979) 3B1-4503
Commissioners Court Agenda
13 January 2009
Page 2
8. Payment of Claims.
9. Appointment of Michele Meade as an alternate for Brazos County on the BVWACS
Operations Committee, effective 1 January 2009.
10. Reappointment of the following individuals as Board members for the Brazos Valley
Groundwater Conservation District; term of each appointment is 1/01/09 through
12/31/10:
a. Judge Tom McDonald, representing the City of Bryan;
b. Kent Watson, current Board President and representing Rural Water Supply Interests.
11. Reappointment of the following individuals as Fire Commissioners for Brazos County
Emergency Services District #3; term of each appointment is 1/01/09 through 12/31/10:
a. Jerry Merker, President
b. Bill Milberger, Secretary
c. Rusty Lewis, Treasurer
12. Proclamations 09-001 through 09-012 in recognition of the following outstanding
citizens who have made significant contributions to the Brazos Valley African
American Museum and to this community:
a. Ann Boyd g. Dr. Elsa A. Murano
b. Lucy Deckard h. Armatha Mooring Ross
c. Shirley Bradley Steverson Eaton i. Richard L. Ruffmo
d. Susan Gordon j. Elizabeth Scott
e. William L. Groce k. Hugh R. Walker
f. Raymond Monroe 1. David F. Watkins
13. Contract with the Brazos Valley Retired Senior Volunteer Program (RSVP) to provide
specific services to the citizens of Brazos County by recruiting and sponsoring senior
volunteer participants. Term of agreement is 1 October 2008 through 30 September
2009.
14. Governor's Division of Emergency Management 2005 Grant Adjustment Notice for the
Homeland Security Grant Program (award #05-GA 48041-01).
15. Settlement Payment of $430.57 from MetLife Insurance Company pursuant to an
agreement between MetLife and the New York State's Attorney General regarding
kickbacks from MetLife to insurance brokers for promoting and selling various
insurance programs.
16. Tax Refund Applications for the following:
a. Paul & Carolyn Wright d. Geraldine Hester
b. Sherry Walker e. Sherman L. Click
c. IndyMac Bank
Commissioners Court Agenda
13 January 2009
Page 3
17. Permission to advertise the following bids:
a. Bid #2009-07, Crack Seal (readvertisement)
b, Bid #2009-26, Bridge Pilings
c. Bid #2009-27, Hydrated Lime
d. Bid #2009-28, Shop Supplies / Auto Parts
e. Bid #2009-29, Motor Grader Blades
18. Contract with Patterson Architects for pre-design work on the renovation of the Brazos
County Courthouse.
19. Manual Requisition in the amount of $21,525.00 to Philpott Ford for the purchase of a
2009 Ford Crown Vic for the Pct. 3 Constable.
20. Manual Requisition in the amount of $180,897.00 to Dallas Dodge, Inc. for the
purchase of various vehicles for the Sheriff's Office and the Pct. 4 Constable's Office.
21. Manual Requisition in the amount of $178,783.00 to Planet Ford for the purchase of
various vehicles for the Road & Bridge Dept. and the Sheriff's Office.
22. Declaration of surplus property as "salvage" that was advertised for sale in accordance
with Local Government Code §263.152 and received no bids, and authorization for
either destruction or other disposal.
23. Payment Authorization in the amount of $2,350.00 to Maurice E. Dennis of Alcohol &
Safety Consultants, Inc. for expert testimony in the trial State vs. Brian Edwards. A
purchase order was not obtained in advance.
24. Payment Authorization in the amount of $621.75 to College Station Medical Center for
evaluation treatment of a juvenile defendant in the Justice of the Peace, Pct. 2.2 court.
25. Announcement of interest items and possible future agenda topics.
26. Call for citizen input and/or concerns.
27. Agency / Board / Committee reports by Court members.
28. 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. To make arrangements, please call (979) 361-4102.
10
COMMISSIONERS' COURT
REGULAR MEETING
JANUARY 13, 2009
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, January 13, 2009 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 Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was the approval of the
annual payroll for 2009. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the annual payroll for Fiscal Year 2009
in the following amounts:
Vol i I 1 Page X11
Commissioners Court meeting January 13, 2009 2
Salary and Wages: $33,729,275.00
Benefits: $12,091,479.00
Total $45,820,754.00
The next matter before the Court was to consider adopting
of Order #09-001, Directing the Payroll Fund to the General
Fund. This is pursuant to § 154.007 of the Local Government
Code. On motion by Commissioner Cauley, seconded by
Commissioner Wassermann, the Court voted unanimously to adopt
the order for Directing the Payroll to the General Fund. A
copy of the Order is attached hereto.
The Court next considered Budget Amendment #08/09-15.1
through 15.4 that would reallocate funds for the General
Capital Improvement Fund (2), County Drug Court Program;
correct the budget for the Jail Expansion 2007. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the budget amendment as
submitted. A copy each amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
Vol ► I 1 page g i X
Commissioners Court meeting January 13, 2009 3
The next matter for consideration by the Court was a
request submitted by the County Extension Office seeking
approval for out of state travel for Brandon Gregson to attend
the 2009 Joint Council of Extension Professionals (J.C.E.P.)
Conference in Orlando, Florida, February 10-12, 2009. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to grant the request from
the County Extension Agent Attorney and approved payment of
out of state travel expense for Brandon Gregson.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7057684 through 7057995
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 the
appointment of an individual to serve as an alternate for
Brazos County on the BVWACS Operations Committee. On motion by
Commissioner Cauley, seconded by Commissioner Mallard the
Court voted unanimously to appoint Michelle Meade to serve as
an alternate for Brazos County on the BVWACS Operations
Committee effective January 1, 2009.
Vol Page 3
Commissioners Court meeting January 13, 2009 4
The next matter before the Court was the reappointment of
individuals as Board members for the Brazos Valley Groundwater
Conservation District. On motion by Commissioner Wassermann,
seconded by Commissioner Peters, the Court voted unanimously
to appoint Kent Watson, representing rural water supply
interests and Judge Tom McDonald representing the City of
Bryan to a term beginning January 1, 2009 through December 21,
2010.
The Court next considered the reappointment of
individuals to serve as Fire Commissioners for Brazos County
Emergency Services District #3. On motion by Commissioner
Mallard, seconded by Commissioner Cauley, the Court voted
unanimously to appoint the following individuals to a term
beginning January 1, 2009 though December 31, 2010:
a. Jerry Merker, President
b. Bill Milberger, Secretary
c. Rusty Lewis, Treasurer
The Court next considered Proclamations 09-001 trough 09-
012. County Judge read aloud the Proclamation honoring
individuals who have distinguished themselves in the community
and have supported the African American Museum. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to honor the following individuals:
a. Ann Boyd
b. Lucy Deckard
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Commissioners Court meeting January 13, 2009 5
c. Shirley Bradley Steverson Eaton
d. Susan Gordone
e. William L. Groce
f. Raymond Monroe
g. Dr. Elsa A. Murano
h. Armatha Mooring Ross
i. Richard L. Ruffino
j. Elizabeth Scott
k. Hugh R. Walker
1.. David F. Watkins
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Retired Senior Volunteer Program. The cost to Brazos
County will be $3,500.00. The term of the contract is for
twelve (12) months commencing on October 1, 2008 and
terminating September 30, 2009. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to enter into contractual agreement with the
Brazos Valley Retired Senior Volunteer Program and authorized
the County Judge to execute the document. A copy of the
contractual agreement is attached.
The Court next considered the Governor's Division of
Emergency Management 2005 Grant Adjustment Notice for the
Homeland Security Grant Program. The grant period was from
September 27, 2005 to January 1, 2008. The funds,
$234,909.10, were to be used to provide law enforcement and
emergency response communities with enhanced capabilities for
preparing and responding to the potential threats of manmade
Vol ill Page a I~5
Commissioners Court meeting January 13, 2009 6
and natural disasters. The adjustment to the grant would
result in approximately $90.00 being returned to the Council
of Governments. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
authorize the County Judge to execute the documents and return
the funds to the Council of Governments.
The next matter before the Court was consideration of a
settlement payment of $430.57 from MetLife Insurance Company
pursuant to an agreement between MetLife and the New York
State's Attorney General concerning kickbacks from MetLife to
the County's insurance broker for promoting and selling
various insurance programs. On motion by the County Judge,
seconded by Commissioner Cauley, the Court voted unanimously
to accept the settlement payment and authorized the County
Judge to execute the release.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Paul & Carolyn Wright, over payment $189.89
b. Sherry Walker, over payment $9.15
c. IndyMac Bank, over payment $20.75
d. Geraldine Hester, payment in error $482.76
e. Sherman Click, payment in error $232.11
Vol 117 Page d- I&
Commissioners Court meeting January 13, 2009 7
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 for the following bids:
a. Bid #2009-07, Crack Seal-Re-advertisement
b. Bid #2009-26, Bridge Pilings
c. Bid #2009-27, Hydrated Lime
d. Bid #2009-28, Shop Supplies/Auto Parts
e. Bid #2009-29, Motor Grader Blades
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the above stated bids.
Richard Vance, County Engineer, stated that we could drop Bid
#2009-026. There are only two (2) bridges to be replaced and
there is enough steel on the yard to do those bridges.
Commissioner Peters amended his motion do exclude Bid # 2009-
026. The County Judge seconded the motion and it carried
unanimously.
The next matter before the Court was consideration of a
contract with Patterson Architects for pre-design work on the
renovation of the Courthouse. The pre-design work will be
finished by February 15, 2009 at a cost of $27,500.00 to
Brazos County. On motion by Commissioner Peters, seconded by
the County Judge, the Court voted unanimously to approve the
Vol I I I Page a 17
Commissioners Court meeting January 13, 2009 8
contract with Patterson Architects for the pre-design work and
authorized the County Judge to execute the document. A copy is
attached.
The Court next considered a requisition in the amount of
$21,525.00 to Philpott Ford to purchase a 2009 Ford Crown Vic
for Brazos County Constable, Precinct 3. On motion by
Commissioner Mallard, seconded by Commissioner Cauley, the
Court voted unanimously to approve the requisition.
The next matter before the Court was consideration of a
requisition in the amount of $180,897.00 to Dallas Dodge, Inc.
for the purchase of one (1) 2008 Dodge Durango, nine (9) Dodge
Chargers for the Sheriff's office and one (1) Dodge Charger
for Constable, Precinct, Precinct 4 from Dallas Dodge. On
motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the
requisition.
The Court considered another requisition in the amount of
$178,783.00 to Planet Ford to purchase five (5) trucks for the
Road & Bridge Department and a truck and two (2) vans for the
Sheriff's Office. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the requisition.
Vol 1 Page lg
Commissioners Court meeting January 13, 2009 9
The Court next considered the declaration of surplus
property as salvage. This property was advertised for sale in
accordance with Local Government Code §263.152 and received no
bids. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to declare
the property as salvage and authorized its destruction or
other disposal. A list of the property is attached.
The next matter before the Court was consideration of
payment authorization in the amount of $2,350.00 payable to
Maurice E. Dennis for expert testimony in a trial. The
District Attorney's office did not obtain a purchase order in
advance. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to approve
the payment authorization.
The Court considered a payment authorization in the
amount of $621.75 payable to the College Station Medical
Center for emergency room services for a juvenile offender who
appeared in Judge Munoz's court. No purchase order was issued.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the payment
authorization.
Under announcement of interest items and possible future
agenda topics the following spoke:
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Commissioners Court meeting January 13, 2009 10
County Judge
a) 487 District and County Clerks are meeting
at the College Station Hilton today.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kird
a) There were 553 inmates in jail this morning.
79 are on electronic monitoring and 37 are
pending.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 0I Page
The foregoing minutes of the Commissioners Court meeting held
January 13, 2009 have been examined and are approved in open
Court this the ( day of 2009, in Bryan,
Brazos County, Texas.
Randy S' s Lloyd assermann
County Judge Commissioner, Precinct 1
Duane Peters Kenny Malla
Commissioner, Precinct 2 Commissioner, Precinct 3
ca - C:"
arey Ca 1 Jr.
Commissi ner, Prec' ct 4
Attest:
%kar'en McQueen
County Clerk &al
Vol 01 Page ~a
BRAZOS COUNTY COMMISSIONERS COURT
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Name Organization / Department
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 200fAT
Name (PLEASE PRINT) Organization/Department
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F
OI M, e ~~O
Y OF B
BRAZOSCOUNTY
STATE OF TEXAS § BRYAN, TEXAS
COUNTY OF BRAZOS §
ORDER NO. 09-001
DIRECTING THE PAYROLL FUND TO THE GENERAL FUND
IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all money that
would otherwise be deposited in a salary fund created under Chapter 154 of the Local Government Code
shall be deposited in the general fund of Brazos County. This Order is adopted pursuant to § 154.007 of
the Local Government Code.
ADOPTED this 13th day of January, 2009 by a vote of ayes and nays.
R Sims, County Judge
ATTEST:
Karen McQueen, Coun Clerk
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 -15.1 thru 15.4
On this the 13'b day of January 2009 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 13 January 2009 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 13`h day of January 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
R y Sims, County Judge
Original: County Clerk's Office and
. attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Ii1
;z 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -15.1
1/13/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80890000 CR Vehicles 41,730.00
4500 63000500 80289000 DR Equipment- R&B 41,730.00
4500 63000500 80289000 CR Equipment- R&B 59,758.00
4500 63000500 80890000 DR Vehicles 59,758.00
General Capital Improvement Fund
To reallocate funds to allow for the ro er account codingf vehicles and Road and Bridge equipment
Dep4 me approval` Date .
-ft
Prepared By: if
:Date` 1/8/2009
ounty dud Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 15.2
1/13/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4308 49092000 DR Proceeds from Bond Sale 53,156,127.00
4308 47010000 CR Reserve Fund Balance 53,156,127.00
Jail Expansion 2007
To correct the account the budget for the Jail Expansion funds to the revenue fund balance account.
The general obligation bonds were received during the 2008 fiscal year therefore for the 2009 fiscal ear the monies
should be accounted for in the reserve fund balance account.
i
Department Approval ` Date
Prepared By: ifj
Date: 1/8/2009
od-"O~Z-ft - I
County 7 pprova Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 15.3
1/13/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 22700100 51610000 DR Hourly-Staff 1,900.00
0100 22700100 53100000 DR Social Security 150.00
0100 22700100 53200000 DR Retirement 150.00
0100 22700100 53800000 DR Workers' Compensation 20.00
0100 22700100 61040000 CR Awards 2,220.00
County Drug Court Program
To reallocate funds to allow for additional payroll charges to be aid.
Departure Appro~ Date
;Prepared By
Date: 1/8/200
County'Ju' ' ."A,ABro.~~l' : _ Date-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 -15.4
1/13/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80890000 CR Vehicles 3,350.00
4500 63000500 65950000 DR Vehicle Maintenance 3,350.00
General Capital Improvement Fund
To reallocate funds to the correct account.
De artme Approv Date
Prepared By: if
Date: 1/8/2009
ounty Jud Ap val Date
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: January 13, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
District Clerk Saculla, Elizabeth A. New Hire
Sherriff Office- Jail Bowser, Melvin Budget Increase
Phelps, Jerald Transfer within Department
Smith, June Transfer within Department
Approved in Commissioners' Court: January 13,2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
17 4ft a36
tl
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BRAZOS VALLEY RETIRED SENIOR VOLUNTEER PROGRAM
CONTRACT
This contract for the fiscal year from October 1, 2008 to September 30, 2009
is entered into by and between Brazos County (County) and the Brazos Valley
Retired Senior Volunteer Program (RSVP), a program sponsored by the Brazos
Valley Council of Governments Brazos Valley Area Agency on Aging.
WHEREAS, the Aging Texas Well mandate created by Governor Rick Perry
in Executive Order RP 42, the State of Texas recognized the value of older Texans
and committed itself to ensuring that all Texans age well with dignity,
independence and opportunities to contribute to society in meaningful unpaid
service in a wide range of civic and educational settings, and
WHEREAS the Aging Texas Well plan encourages unpaid volunteer
community involvement by Texas senior citizens,
BRAZOS COUNTY agrees to contribute to the funding of the RSVP in a
single payment of $3,500.
RSVP agrees to provide the services of its program to the citizens of Brazos
County by recruiting and sponsoring senior volunteer participants in the following:
- Tax preparation help for residents of Brazos County
- Texas AgriLife Extension Service programs
- Public library programs
- Area youth activities
- County health department and clinics programs
- Clerical support to county and city offices
- Brazos County Inter urisdictional Emergency Management Annex T
Donations Management program
- Brazos Valley Community Emergency Response Team (CERT)
RSVP agrees to obtain a signed Memorandum of Understanding with each
organization at which volunteers are placed.
RSVP agrees to require volunteers to comply with the rules and standards of
the program to which the volunteer is assigned.
RSVP agrees to prohibit volunteers from receiving compensation for their
voluntary contribution to the program in which the volunteer is participating.
RSVP agrees that participation under this agreement shall not create an
agency or employment relationship with the County.
RSVP agrees not to discriminate against any volunteer in any way because
of that person's age, race, creed, color, religion, sex, disability or national origin.
RSVP shall keep and maintain proper and complete books, records and
accounts, which shall be open at all reasonable times for inspections and audit by
the Brazos County Auditor.
SIGNED this (3- j- = J~- , aA (d k ~ °2609
BRAZOS O BRAZOS VALLEY COUNCIL OF
GOVERNMENTS
Randy Si County Judge Tom Wilkinson, Execu ' ector
BRAZOS VALLEY RETIRED SENIOR
VOLUNTEER PROGRAM
( " V~Iaow
Carol aus, P ogram Manager
117 ..000 k3 -V-
CONTRACT FOR PRE-DESIGN SERVICES
FOR BRAZOS COUNTY COURTHOUSE RENOVATION
This contract is between the County of Brazos ("County") and Fred A.
Patterson Jr. dba Patterson Architects, Inc. ("Architect"), whereby the Architect
agrees to provide the County with certain services as described herein and the
County agrees to pay the Architect for those services.
1. Scope of Services
In consideration of the compensation stated in Paragraph 2, the Architect
agrees to provide the County with the services described in Exhibit "A" incorporated
herein by reference, to-wit - "Proposal for Pre-Design Services, Brazos County
Courthouse Renovation 200&2831" letter of December 26, 2008. The Architect
agrees not to act outside the scope of the authority conferred on it by this Contract
and agrees not to bind the County in any way or hold itself out as having any
authority to do so, except where authorized by this Contract.
2. Payment
In consideration of the Architect's services and compliance with all the terms
and conditions of this contract, the County agrees to pay the Architect $27,500.
The Architect expressly understands and agrees that the amount paid under this
contract is for completion of the pre-design services described herein. The Architect
further understands and agrees that the amounts paid for pre-design services under
this contract are included in the total price for the completion of all services
provided by the Architect on the Brazos County Courthouse Renovation project.
3. Time of Performance
A. All services contemplated under this contract shall be completed no later than
February 15, 2009 except as may otherwise be permitted by the Brazos County
Commissioners' Court upon written approval to extend such services beyond this
date.
B. Time is of the essence of this contract. The Architect shall be prepared to
provide the professional services in an expedient and efficient manner reasonably
1
necessary for the satisfactory performance of the Architect's obligations pursuant to
this agreement.
4. Warranty, Indemnification, & Release
A. As an experienced and qualified licensed professional, the Architect
warrants that the information provided by the Architect reflects high professional
and industry standards, procedures, and performances. The Architect warrants
that the performance of all services under this contract will be to that standard of
care and skill to be expected of a licensed professional architect who regularly acts
in the capacity in which the Architect is engaged and who possesses the
knowledge, skill and experience of an architect qualified to act in that capacity.
The Architect warrants that it will exercise diligence and due care and perform in
a good and workmanlike manner all of the services pursuant to this contract.
Approval of the County shall not constitute or be deemed a release of the
responsibility and liability of the Architect, its employees, agents, or associates for
the exercise of skill and diligence to promote the accuracy and competency of
their services, or any document, nor shall the county's approval be deemed to be
the assumption of responsibility by the county for any defect or error in the
documents prepared by the Architect, its employees, associates, agents, or
subcontractors. The Architect warrants that it will use all reasonable efforts to
inform itself of the requirements of the County and will regularly consult with
the County during the performance of the contract.
B. The Architect shall promptly correct any defective services or
documents furnished by the Architect at no cost to the County. The County's
approval, acceptance, use of, or payment for, all or any part of the Architect's
services hereunder or of the scope of work itself shall in no way alter the
Architect's obligations or the County's rights hereunder.
C. In all activities or services performed hereunder, the Architect is an
independent contractor and not an agent or employee of the County. The
Architect and its employees are not the agents, servants, or employees of the
county. As an independent contractor, the Architect shall be responsible for the
professional services and the final work product contemplated under this
Contract. Except for materials furnished by the County, the Architect shall
supply all materials, equipment, and labor required for the professional services
to be provided under this contract. The Architect shall have ultimate control
2
Ili a3`f
over the execution of the professional services. The Architect warrants that all
personnel engaged by it in connection with the services provided are
appropriately qualified, competent and experienced in the provision of the type
of services required by the County. The Architect shall have the sole obligation
to employ, direct, control, supervise, manage, discharge, and compensate all of its
employees or subcontractors, and the County shall have no control of or
supervision over the employees of the Architect or of any of the Architect's
subcontractors.
D. The Architect must at all times exercise reasonable precautions on
behalf of, and be solely responsible for, the safety of its officers, employees,
agents, subcontractors, licensees, and other persons, as well as their personal
property, while in the vicinity of any of the work being done on or for the
project. It is expressly understood and agreed that the County shall not be liable
or responsible for the negligence of the Architect, its officers, employees, agents,
subcontractors, invitees, licensees, and other persons.
E. Responsibility for damage claims (indemnification): The Architect
shall defend, indemnify and save harmless the County and all its officers, agents,
and employees from all suits, actions, or claims of any character, name and
description brought for or on account of any injuries or damages received or
sustained by any person or persons or property resulting from the Architect's
negligent performance of the work, or by or on account of any claims or amounts
recovered under the Worker's Compensation Law or any other law, ordinance,
order or decree, and its sureties shall be held until such suit or suits, action or
actions, claim or claims for injury or damages as aforesaid shall have been settled
and satisfactory evidence to the effect furnished the county. The Architect shall
defend, indemnify and save harmless the County, its officers, agents and
employees in accordance with this indemnification clause only for that portion of
the damage caused by the Architect's negligence.
F. Release. The Architect releases, relinquishes, and discharges the
County, its officers, agents, and employees from all claims, demands, and causes
of action of every kind and character, including the cost of defense thereof, for
any injury to, sickness or death of the Architect's officers, employees, agents,
subcontractors, or licensees and any loss of or damage to any property of the
Architect's officers, employees, agents, subcontractors, or licensees that is caused
by or alleged to be caused by, arises out of, or is in connection with the
3
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Architect's negligent performance of the work. Both the County and the
Architect expressly intend that this release shall apply regardless of whether said
claims, demands and causes of action are covered, in whole or in part, by
insurance.
5. Architect's Insurance
The Architect agrees to maintain the coverage, endorsements, and limits in
accordance with and set forth by the Insurance Coverage & Limit Table below for
the duration of this contract. The Architect agrees to:
• Deliver to the County (a ) Certificate(s) of Insurance evidencing that such
policies are in full force and effect not later than 10 business days after the
signing of this contract and prior to commencement of work. If policy
endorsements are necessary, satisfactory evidence of request to insurance carrier
must accompany the Certificate(s) of Insurance. Failure to meet these
requirements may cause the contract to be cancelled.
• Allow the county the right to obtain complete, certified copies of all required
insurance policies at any time.
• Clearly indicate contract name and contract number to which Certificate(s),
endorsements, and policies apply.
The requirements as to types and limits, as well as the County's review or acceptance
of insurance coverage to be maintained by the Architect, is not intended to nor shall
in any manner limit or qualify the liabilities and obligations assumed by the
Architect.
INSURANCE COVERAGE & LIMIT TABLE
PROFESSIONAL LIABILITY INSURANCE - The Architect agrees to maintain
Professional (Errors & Omissions) Liability insurance coverage with a limit of
liability not less than $1,000,000 (in a combined single limit). The Architect agrees
to pay on behalf of the insured all sums which the insured shall become legally
obligated to pay as damages by reason of any act, malpractice, error or omission of
the Architect or any person employed or acting on the Architect's behalf (including
but not limited to subcontractors). For policies written on a "claims-made" basis,
Architect agrees to maintain a retroactive date prior to or equal to the effective date
of this contract and that continuous coverage will be maintained or a supplemental
4
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extended reporting period will be purchased with a minimum reporting period not
less than two (2) years after the completion of this contract or any extensions
thereof. The Architect is solely responsible for any additional premium for the
supplemental extended reporting period.
WORKER'S COMPENSATION - The Architect agrees to maintain Workers'
Compensation insurance in the amount of $100,000, or more if required by Texas
Statutes.
GENERAL LIABILITY - The Architect agrees to maintain General Liability
insurance in the amount of at least $1,000,000.
ARCHITECT'S INSURANCE TO BE PRIMARY - Architect's insurance shall be
deemed primary with respect to any insurance or self insurance carried by the
County for liability arising out of operations under the contract.
DEDUCTIBLES, COINSURANCE PENALTIES, & SELF INSURED
RETENTION - The Architect agrees to be fully and solely responsible for any costs
or expenses as a result of a coverage deductible, coinsurance penalty, or self-insured
retention; including any loss not covered because of the operation of such
deductible, coinsurance penalty, or self-insured retention.
RIGHT TO REVIEW AND ADJUST - The County reserves the right to review
these requirements and to modify insurance coverage and their limits when deemed
necessary and prudent. Furthermore, the County reserves the right, but not the
obligation, to review and reject any insurer providing coverage because of poor
financial condition.
CERTIFICATE OF INSURANCE - The Architect shall furnish the County with a
certificate(s) of insurance, executed by a duly authorized representative of each
insurer, showing compliance with the insurance requirements and naming the
County as an additional insured on the comprehensive coverage policy. The
certificate(s) must be from a company with an A.M. Best rating of "A-" or better
and/ or otherwise acceptable to the County. Certificates must be submitted using
the ACCORD form and all endorsements must be included with the submittal.
The certificate(s) shall contain a provision that coverage under such policies shall not
be cancelled or non-renewed until at least thirty (30) days prior written notice, or ten
5
(10) days notice for cancellation due to non-payment of premiums, is given the
County of Brazos.
In the event the County is notified that a required insurance coverage will cancel or
non-renew during the contract period, the Architect shall agree to furnish prior to
the expiration of such insurance, a new or revised certificate(s) as proof that equal
and like coverage is in effect. The County reserves the right, but not the obligation,
to withhold payment to the Architect until coverage is reinstated. If the Architect
fails to maintain the required insurance, the County shall have the right, but not the
obligation, to purchase the required insurance at the Architect's expense.
Certificates and notices should be provided to the County at the following address:
Brazos County
Attn: Ms. Pat Howard
200 S. Texas Ave., Suite 352
Bryan, Texas 77803
6. Termination
A. The County or the Architect may terminate this contract at any time upon
seven (7) calendar day's written notice to the other party. Upon the County's or
Architect's receipt of such notice, the Architect shall cease work immediately. The
Architect shall be compensated for the services satisfactorily performed prior to the
termination date.
B. If, through any cause, the Architect fails to fulfill its obligations under the
Contract, or if the Architect violates any of the agreements of this Contract, the
County has the right to terminate this Contract by giving the Architect seven (7)
calendar days written notice. The Architect will be compensated for the services
satisfactorily performed before termination date.
C. No term provision of this Contract shall be construed to relieve the Architect
of liability to the County for damages sustained by the County because of any breach
of contract by the Architect. The County may withhold payments to the Architect
for the purpose of setoff until the exact amount of damages due the County from
the Architect is determined paid.
7. Miscellaneous Terms
6
vQ3Y
A. This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto
shall be in Brazos County, Texas.
B. Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U. S. Mail to the following addresses:
Brazos County Fred A. Patterson Jr.
Attn: Ms. Pat Howard Patterson Architects, Inc.
Purchasing Agent 701 S. Texas Ave.
200 S. Texas Ave., Suite 352 Bryan, Texas 77803
Bryan, Texas 7 7 803
C. No waiver by either party hereto of any term or condition of this contract shall
be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
D. This contract represents the entire and integrated agreement between the
County and the Architect and supersedes all prior contracts, negotiations,
representations, or agreements, either written or oral. This contract may only. be
amended by written instrument approved and executed by the parties.
E. This Contract and all rights and obligations contained herein may not be
assigned by the Architect without the prior written approval of the County.
F. The Architect, its agents and employees shall perform all services and prepare
documents in compliance with all applicable federal and state laws, the orders of the
County, and with all applicable rules and regulations promulgated by local, state,
and national boards, bureaus, and agencies. The Architect must obtain all necessary
permits and licenses required in completing any work or providing the services
contemplated under this Contract.
0. Reimbursable or other miscellaneous expenses incurred by the Architect are not
included in the contract price; additional payment for such expenses will be
submitted at cost.
7
H. The parties acknowledge that they have read, understood, and intend to be
bound by the terms and conditions of this Contract.
Signed this
BRAZ COU PATTERSON ECTS, INC.
Randy Sim County Judge Fred A. Patterson Jr.
Attest:
Karen McQueen, County Clerk
Approved as to form:
9'~' K
Br zos County Att g rney - Civil Division
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