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HomeMy WebLinkAbout2009-04-28-9:00AM-REGULAR QTY OF $`='P - B12AZOS COUNTY BRYAN, TEXAS NOTICE OE' MEETING AND AGENDA BRAZOS COUN"I'Y COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 28 APRIL 2009 A'F 9:00 A_M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY AIDMINISTRATION BUJt_"ING, 200 SOUTH TEXAS AVENUE, SLII'1'E 106, BRYAN, TEXAS_ 1. 1---cation and Pledge of Allegiance -Judge Sims_ 2_ Call for citizen's input and/or concerns. 3. Presentation by representatives of the Texas High Speed Rail 8c Transportation Corporation- 4. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1. January 2009 through 31 March 2009 Consider and take action on agenda items 5 - 27: 5_ 13udget Amendment 08/09 - 29.1 t1- 295 6_ Request frotrt the Magistrate Court For permission to allow an employee to carry no more than eighty (80) hours in the comp time bank for use during maternity leave. No additional pay is requested; all comp time hours will be used before 1 August 2009 7. Request From the Magistrate Court to add a Defense Attorney position to the Drug Court Team_ This position will work approximately 8-10 hours per month, will be paid front Drug Court account 41065000 and will require no additional funding from Brazos County_ Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 301-4503 Commissioners Court Agenda 28 April 2009 Page 2 8. Request from the Jail Division for creation of "Classification Officer - Jail" position at Group 16, Step 2 and approval of job description, with Reclassification of the Jail Division's Detention Officer, from Class 1511, Position 78, Group 15, Step 2 to Classification Officer - Jail, Position 1, Group 16, Step 2; class number to be determined by Human Resources. The additional funds required to establish the Classification Officer position at Group 16 Step 2 will be obtained by moving classification 1511, position 13 from Group 15 Step 4 to Group 15 Step 2. 9. Request from the Precinct 3 Justice of the Peace office for the following position control changes, with no increase to the current year's budget. a. reclassify Position 0165 from Group 12 Step 10 to Group 12 Step 6; b. reclassify Position 0606 from Group 11 Step 7 to Group 11 Step 9; c. reclassify Position 0608 from Group 14 Step 13 to Group 14 Step 15; d. reclassify Position 0604 from Group 10 Step 3 to Group 10 Step 2. 10. Personnel Change of Status. 11. Payment of Claims. 12. Appointment of Joe Ondrasek as a Fire Commissioner on the Brazos County Emergency Services District #4 Board; term of appointment is 4/01/09 through 3/31/11 (previously tabled). 13. Resolution 09-002 authorizing the participation of Brazos County as an original member of the "South Central High Speed Rail and Transportation Authority, Inc." 14. Resolution 09-003 amending and restating the resolution of 4 March 2008 (Resolution #08-004) declaring intention to reimburse certain expenditures. 15. Resolution 09-004 as a resolution of support for the Wickson Creek Special Utility District Hurricane Ike Recovery Program Grant. 16. Inmate Housing Agreement with Grimes County in which Grimes 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. Term of agreement is for one (1) year from the date of execution, with the option to renew annually. 17. Lease Agreement with the Junior League of Bryan - College Station, Inc. for office space, use of meeting rooms and storage space at the Brazos Center; term of agreement is 6/01/2009 to 6/01/2011. 18. Renewal of Brazos County's Voluntary Life Insurance Policy with Lincoln National Life Insurance Company, effective 5/01/09 to 5/01/2011. iX) 'Al f Commissioners Court Agenda 28 April 2009 Page 3 19. Tax Refund Applications for the following: a. John & Kristi Schiller (2) e. Wilbur & Susan Hitchcock b. Thomas O. Jackson f. Robinson Enterprises c. Wells Fargo Financial g. William J. Rogers d. Donald Ball h. Beverly Anne Wood 20. Cancelation of the contract with The Ground Crew for lawn service maintenance (R-FP #2008-045R), effective 30 May 2009. 21. Permission to advertise RFP #2009-40, Landscape Maintenance Service for Brazos County. 22. Permission to advertise RFP #2009-28, Temporary Employment. 23. Contract with Fairbanks Scales for truck scale maintenance; contract term is 4/28/09 through 4/27/10. 24. Permission to award Bid 2009-01, Hot Mix Asphalt, as follows based on low price: Prima : Knife River Secondary: Brazos Valley Services. 25. Request from Verizon Communications to construct a buried 25 pair copper cable installation in the right of way of Dilly Shaw Tap Road beginning approximately 875 ft. west of FM 2776 extending west for a distance of 1,449 ft. at a depth of 36 inches. Site is located in Precinct 2. 26. Convene into Executive Session pursuant to §551.087 of the Texas Government Code to discuss economic development negotiations. 27. Consider and possible action on the Executive Session. 28. Announcement of interest items and possible future agenda topics. 29. Call for citizen input and/or concerns. 30. Agency / Board / Committee reports by Court members. 31. Adjourn. 00 24 e l r • Commissioners Court Agenda 28 April 2009 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. 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. I ~u 2+3 COMMISSIONERS' COURT REGULAR MEETING APRIL 28, 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, April 28, 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, Absent; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and then the County Judge led the pledge of allegiance. There was no citizen input/and or concerns. The Court then heard a presentation by, George T. Shackelford, a representative of the Texas High Speed Rail and Transportation Corporation, who gave an overview of the growth and development of the TEX-21 transportation organization. The next matter before the Court was a presentation by Vol ).a(), Page 344 Commissioners Court meeting April 28, 2009 2 Shellbourne Veselka, partner in the McCreary, Veselka, Bragg & Allen, P.C. firm concerning delinquent property tax collection activity for the period of January 1, 2009 through March 31, 2009. The Court next considered Budget Amendment #08/09-29.1 through 29.5 that would reallocate funds for Court Supports Cost, Justice of the Peace, Precinct 1; and transfer funds from Road & Bridge Contingency to Road & Bridge Department, Forfeiture Fund Contingency to Forfeiture Fund, from General Fund Contingency to Community Support. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The next matter before the Court was consideration of a request from the Magistrate Court for permission to allow an employee to carry no more than eighty (80) hours in the comp time bank for use during maternity leave. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. All time will be used before August 1, 2009. The Court next considered another request from the Magistrate Court. This is to ask for the addition of a Defense Attorney position to the Drug Court Team. The Vol r 0 Page R'11) Commissioners Court meeting April 28, 2009 3 position will work 8 to 10 hours per month at a rate of $40.00 per hour. The position will be paid from the Drug Court account. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a request from the Jail Division for the creation of a "Classification Officer-Jail" position, approval of the job description, reclassification of the Jail Division Detention Officer, and reclassification of other positions to fund the position. The Classification Officer Position would be at a Group 16, Step 2, the Jail Division Detention Officer would go from Group 15, Step 2 to the new Classification Officer position, and to fund the increase, funds will be obtained by moving classification 1511, Position 13, from Group 15, Step 4 to Group 15, Step 2. Since the Jail Administrator is out of town, the Sheriff explained the request. Commissioner Peters explained the long term goal of bringing all positions up to a step 4. He said he was having trouble with bringing the steps down. He looked at the cost to do this and it was one half million dollars. He said he would like to table consideration and have the chance to visit with Wayne Dicky, Jail Administrator to try to accomplish both his and Mr. Dicky's Vol I IAU Page'' Commissioners Court meeting April 28, 2009 4 goals. He would consider using other positions so as to not bring down the position 13 down under Step 4. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to table consideration. The Court next heard a request from Justice of the Peace, Precinct 3, George Boyett to institute the following position control changes with no increase to the current year's budget: a. Reclassify Position 0165 from Group 12, Step 10 to Group 12, Step 6. b. Reclassify Position 0606 from Group 11, Sep 7 to Group 11, Step 9 C. Reclassify Position 0608 from Group 14, Step 13 to Group 14, Step 15 d. Reclassify Position 0604 from Group 10, Step 3 to Group 10, Step 2 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request from Judge Boyett with changes to item "c" being Group 14, Step 14 and item "d" being Group 10, Step 4 instead of what is noted above. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Wassermann moved to approve the change of status as submitted. Commissioner Peters seconded the motion. Then after some discussion, Commissioners Wassermann Vol ( ~ ® Page '.47 Commissioners Court meeting April 28, 2009 5 and Peters amended their motion and second to reflect the changes approved in the request from Justice of the Peace, Precinct 3 which was item 9 on the agenda. The motion carried unanimously. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7061241 through 7061525 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 Joe Ondrasek as a Fire Commissioner on the Brazos County Emergency Services District #4 Board. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda. The court next considered Resolution #09-002 authorizing the participation of Brazos County as an original member of the "South Central High Speed Rail and Transportation Authority, Inc. Commissioner Mallard moved to adopt the Resolution. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters, and Mallard voted "Aye". The County Judge voted "No". The motion carried. Commissioner Vol I ~ Page ~f~ Commissioners Court meeting April 28, 2009 6 Mallard stated that this does not commit Brazos County to any monetary contributions. The Court next considered Resolution 09-003 amending and restating the resolution of March 4, 2008 (#08-004) declaring intention to reimburse certain expenditures. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to adopt Resolution #09-003 amending and restating the resolution of March 4, 2008 (#08-004) declaring intention to reimburse certain expenditures. The next matter before the Court was consideration of Resolution 09-004 in support of the development of a pre- application by Wixon Creek Special Utility District for the Hurricane Ike Recovery Program Grant. The County Auditor asked if FEMA will require her office to keep track of fixed assets. The response was, no it will not. She then asked to see the contract information. Tina Snelling County Attorney-Civil Division explained that the County can endorse support because of time issues and approve items 1,4 & 5 of the resolution but not items 2 & 3 because that would make Brazos County the pass through entity for the funds and thus make the county liable. Irene Jett, Budget Officer stated that the Court needed to see the grant application. On motion by the County Judge, Vol ~ ~ Page f I I Commissioners Court meeting April 28, 2009 7 seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #09-004 giving approval to an application for Hurricane Ike funding assistance on behalf of Wickson Creek Special Utility District but to only approve items 1,4 & 5 of the resolution. A copy is attached. The Court next considered an Inmate Housing Agreement between Brazos County and Grimes County, Texas to accept, and provide secure custody, care and safekeeping of inmates of Brazos County. The per diem rate is $40.00 per day/per inmate. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into an Inmate Housing Agreement with Grimes County, Texas and authorized the County Judge to execute the document. A copy is attached. The Court next considered a Lease Agreement between Brazos County and the Junior League of Bryan-College Station, Inc. for office space, use of meeting rooms and storage space at the Brazos Center. Term of the lease is for the period of two years commencing on June 1, 2009 and ending on June 1, 2011. The Junior League agrees to pay six hundred fifty & 00/100 dollars ($650.00) per month during the entire term of the lease. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve Vol 130 Page ~50 Commissioners Court meeting April 28, 2009 8 the lease agreement between Brazos County and the Junior League of Bryan-College Station, Inc. A copy of the Lease Agreement is attached. The next matter before the Court was consideration of the renewal of Brazos County's Voluntary Life Insurance Policy with Lincoln National Life Insurance Company. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to renew the Voluntary Life Insurance Policy with Lincoln National Life Insurance Company effective May 1, 2009. The rates are effective for 24 months with the next renewal taking place May 1, 2011. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. John & Kristi Schiller, etal (2), over payment $195.28 & $24.72 b. Thomas O. Jackson, over payment $27.65 c. Wells Fargo Financial, over payment $105.67 d. Donald Ball, over payment $39.34 e. Wilbur & Susan Hitchcock, over payment $58.84 f. Robinson Enterprises, over payment $11.78 g. William J. Rogers, over payment $29.92 h. Beverly Anne Wood, over payment $ 31.25 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. Vol Page ~t)/ Commissioners Court meeting April 28, 2009 9 The Court next considered a request from the Purchasing Department to cancel the contract between the Ground Crew and Brazos County for lawn service maintenance. Poor performance and non compliance with the terms of the contract were the basis for the termination. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to cancel the contract between the Ground Crew and Brazos County for lawn service maintenance. The next matter for consideration was approval for the Purchasing Agent to advertise RFP #2009-040, Landscape Maintenance Service for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Landscape Maintenance. The next matter for consideration was approval for the Purchasing Agent to advertise RFP #2009-028, Temporary Employment for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Temporary Employment for Brazos County. The Court next considered awarding the Annual Contract for Truck Scale Maintenance to Fairbanks Scales for the period of April 28, 2009 through April 27, 2010. On motion by Vol Page Commissioners Court meeting April 28, 2009 10 Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to award the annual contract to Fairbanks Scales. A copy of the bid tabulation and contract is attached. The Court next considered awarding Bid No. 2009-01, Hot Mix Asphalt. Charles Wendt, Assistant Purchasing Agent, made the following recommendation: Primary - Knife River Secondary - Brazos Valley Services on motion by Commissioner Peters, seconded by Commissioner Wassermann, 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 Court next considered the request from Verizon Communications to construct a buried 25 pair copper cable installation in the right-of-way of Dilly Shaw Tap Road beginning approximately 875 feet west of FM 2776 extending west for a distance of 1,449 feet at a depth of 36 inches. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request Vol I ~ 0 Page A tJ: Commissioners Court meeting April 28, 2009 11 from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The County Judge then deviated from the agenda and considered item number 28. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 544 inmates in jail, 55 are in Milam and Anderson Counties, 83 have monitors and 20 are pending for monitors. There were no Agency/Board/Committee reports by Court members. The County Judge then went back to agenda item 26. At 10:27 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations. The following individuals were in attendance: Tina Snelling County Attorney-Civil Division Irene Jett, Budget Officer Candy Gallego, Executive Assistant Flo Workman, Chief Deputy, County Clerk Katie Conner, County Auditor Debbie Lockledge, Secretary to County Judge Bob Malaise, Research Valley Partnership At 11:48 a.m. the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Vol Page ~~'6 Commissioners Court meeting April 28, 2009 12 Commissioner Mallard, the Court voted unanimously to recess the Closed Executive Session until 3:00 p.m. this afternoon. At 3:00 p.m. the County Judge reconvened the meeting. Commissioner Carey Cauley was absent and County Clerk, Karen McQueen was now present. At 3:01 p.m. the meeting was closed so that the Court could continue in Closed Executive Session to discuss economic development negotiations. At 3:42 p.m. the meeting was open to the public and the Court proceeded with the following action: a. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to consider Fibertown, Lockard White, Mellon Investor Services and Reynolds and Reynolds to be in full compliance and will receive the Brazos County Incentive. b. Commissioner Peters moved to set the cash incentive for West at $144,000. The County Judge seconded the motion. Commissioners Wassermann, Peters and the County Judge voted "Aye". Commissioner Mallard voted "No". Commissioner Mallard explained that he voted "No" because he wanted an incentive of $165,000. c. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to set the Tax Abatement for West at 60 percent as proposed. d. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to not ask for a refund from Star Vision even though they have not fulfilled the requirements for the incentive. e. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to establish the tax abatement Vol 1 c~ Page ~55 Commissioners Court meeting April 28, 2009 13 for Toyo Ink at 70 percent as proposed because they are in substantial compliance. f. on motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to keep the tax abatement at 80 percent for Weatherford. There being no further business to come before the Court, the meeting was adjourned. Vol l Page The foregoing minutes of the Commissioners Court meeting held April 28, 2009 have been examined and are approved in open Court this the IQ4-- day of 2009, in Bryan, Brazos County, Texas, f- ~ d Gcf `e s~ Randy Si Lloyd (Wassermann County udge Commissioner, Precinct 1 Duane Peters Kenny Mallar~ Commissioner, Precinct 2 Commissioner, recinct 46m -J~- Carey Cauley, Jr. Commissioner, Precinct 4 Attest: a en McQueen County Clerk Vol JO Page ~ 6-7 Pg of BRAZOS COUNTY COMMISSIONER'S COURT _~L*DAY OF Av,,~ , 20 D er el. 0 o q, AM/PM, Name Organization (PLEASE PRINT) (PLEASE PRINT) l f ~ s 6110 x/ 6 44 r " g,,.. L Le-r 0 7" r Eptc CA-Lw~EL~ lit v~ PUP, Ad)- b{AN TNT F~ ~i.►A~~~c, ~~,c 10~ Pg of BRAZOS COUNTY COMMISSIONER'S COURT ,2elf DAY OF 14v,~ , 20~ v AM/PM, Name Organization (PLEASE PRINT) (PLEASE PRINT) -v~u P~ d, r` V e po 11 ~ 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 29.1 thru 29.5 On this the 280' day of April 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 28 April 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 28th day of April 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 0 ~W BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 29.4 4/28/2009 FUND Div ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2500 41091100 CR Contingency 14,000.00 2500 30110000 67286000 DR Equipment-Other 20,490.00 Forfeiture Fund To recognize seized funds as of April 23, 2009. The funds will be used to purchase Ticket Writers for use in Constable Pct. #1. Department Approval r~ Date f Prepared By: if Date: 4/23/2009 / County Jud pproval Date I VOL I PAGE ~P Eile Edit Favorites Help l- - - Date:. 0412312009 Period., 7j09 Selection Criteria... M. FUND r---- Year i DIVIFUND " FUNCTION DEPT Account DIVISION j - - Find Advanced Year DIVjFUh Recount ;Account Title Budget Period Receipts YTD Receipt Receivable Balance Ti 09 2500 41091200 FORFEITURE-CONSTABLE PCT2 0.00 0.00 0.00 0.00 0.00 F( 09 2500 41091400 FORFEITURE-CON5TABLE PCT4 0100 0.00 0.00 0100 0.00 F( 09 2500 41098000 FORFEITURE-SHERIFF 0.00 0.00 2578.10 0.00 -2578.10 F( 09 2500 45010000 INTEREST- ACCOUNTS 0.00 0.00 36.83 0.00 -36.83 F( 09 2500 47010000 RESERVE FUND BALANCE 11000.00 0100 0.00 0.00 11000.00 F( E !'r 1 1 s i i i i 6 match(es) found. Budget, 11,000.00 Period Receipts: 100 YTD Receipts; 24,289.93 Receivables; .00 Balance: aD BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 29.1 4/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11010000 72910000 CR Cluster Court Support 2,000.00 0100 11010000 5164200( DR Visitin Bailiff 1,600.00 0100 11010000 53100000 DR FICA 400.00 Court Support Cost To reallocate funds for the visitin bailiff ex ense. 7 2Z v~ epartment Approv Date Prepared By: lfj / Date: 4128/2009` r County Judge roval Date Budget for Visiting Bailiffs out of Court Support Costs for CPS Clus... Subject: Budget for Visiting Bailiffs out of Court Support Costs for CPS Cluster Court From: Amy Bates <abates @co.brazos.tx.us > Date: Wed, 22 Apr 2009 12:47:46 -o5oo To: Irene Jett <ijett@co.brazos.tx.us> Irene- The budget for visiting bailiff's will be short this pay period. There are two types of courts utilizing this account, CPS Cluster Court and Grand Jury. Who would request the budget amendment to move funds from 72191000 - Cluster Court Support to 51642000 - Visiting Bailiffs? I was estimating moving $1,600 to account 51642000 and $400 to account 53100000. Please let me know so we can try to have it on Tuesday's agenda. Thank you. Amy Bates Brazos County Asst. County Auditor Personal Line: (979)361-4355 Fax: (979)361-4188 Email: abates@co.brazos.tx.us L I PACE 63 A~~ 4/22/2009 2:55 F BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 29.2 4128/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201100 59100000 CR DDEA 2,000.00 0100 24201100 60500000 DR Office Equipment 800.00 0100 24201100 67050000 DR A liances 1,200.00 Justice of the Peace, Pct. # 1 To reallocate funds to allow for the urchase of a microwave, paper shredder, lass to cover, desk and computer stand. ;Department Approv Date Prepared By: if Date: 4/23/2009 Lf _ County Judg pprova11 Date po ;W J BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET AMENDMENT REQUESTING DEPARTMENT: JU~}jcc o A-L-A. ~e~i P 2. 1 DIVISION NUMBER: 2y ZO 11 D e PLEASE ADJUST THE FOLLOWING: DOLLAR TO AMOUNT ACCOUNT NUMBER (~050Q1) 00- 0 (7nca- Equ, menf $ gpD•DO ACCOUNT NUMBER 1, 7n5 ono - Adp1 w r-e$ $ I .2-OD. Do ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ A NTNUMBER ACCOUNT NUMBER $ TOTAL (A) $ 2 , ODy,d 0 FROM ACCOUNT NUMBER 591 pop DD .Db&A $ 2, 0 00. ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ TOTAL (B) $ Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. 1 ~l'?1 enT- Re.U ` D r Q Cz5 a. n LA I -10 )oe- Ll AU-r%4-v 2,1 0 1;?e v P S 5 ass CoV Cem lP~-5, 0 ?6 ELECTED OFFICIAL OR DEPA TMENT HEAD D E SIGNATURE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 29.3 4/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingency 14,000.00 0100 56001000 65050000 DR Building Maintenance 14,000.00 Road and Bridge To reallocate funds for the re lacement of two overhead sho doors. Department Approval Date Prepared By: ifj A. Date: 412312009 County Jud pproval' Date 6-7 BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: ROAD & BRIDGE DIVISION NUMBER: 56001000 PLEASE ADJUST THE FLOLLOWING: TO DOLLAR AMOUNT ACCOUNT NUMBER 65050000 building maintenance $ 14,000.00 ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ TOTAL (A) $ 14,000.00 FROM ACCOUNT NUMBER 61130000 contingency $ 14,000.00 ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ ACCOUNT NUMBER $ TOTAL (B) $ 14,000.00 TOTAL (A) SHOULD EQUAL TOTAL (B) '~4 r (,o Lo 6r-"- - ELECTED OFFICAL OR DEPARTMENT HEAD DATE SIGNATURE * Funds to replace 2 overhead shop doors. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 29.5 4/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 105,000.00 0100 11002000 73570000 DR Next Gen Industrial Park 105,000.00 Community Support To appropriate funds for the Next Generation Industrial Parka roved b Commissioner's Court on April 7, 2009. It is for Brazos County's Share of principal and interest payment for the Wheeler Property. An move not expended this year will be rolled over to fiscal year 2010 budget. ~ r Department A roval Date Prepared By: ify j " Date: 4/23/2009 County Jud Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 28, 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 County Attorney Dibrell, Allison Transfer within Department County Clerk Peter, Ashlie Resignation District Attorney Lopez, Krystle Resignation Justice of the Peace Pct.3 Gott, Myra Promotion Lambright, Michelle N. Promotion Lewis, Barbara A. Promotion Runyon, Mary Irene Promotion Juvenile Services Posey, DaRoderick Resignation Sheriff s Office - Jail Melton, Janet Transfer within Department Williams, Kimbaly Other-Position Change Tax Office Randle, Bradilyn R. Termination Approved in Commissioners' Court: April 28,2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) RESOLUTION STATE OF TEXAS § COUNTY OF BRAZOS § BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Brazos County, Texas held on the 28th day of April, 2009 the following Resolution was adopted: WHEREAS, Brazos County has been an active member of the Texas High Speed Rail Transportation Corporation (THSRTC), a coalition of cities, counties and other entities promoting high-speed passenger rail service in Texas; and WHEREAS, Brazos County is an integral location within the proposed high-speed passenger rail line running from the City of Temple to the Port of Houston; and WHEREAS, Brazos County has been asked to be a local government entity that joins the local government corporation organized under authority of Chapter 431, Subchapter D of the Texas Transportation Code; and WHEREAS, the proposed name of the local government corporation will be the "South Central High Speed Rail and Transportation Authority, Inc." and WHEREAS, Brazos County deems it in the public interest to authorize this action. NOW, THEREFORE BE IT RESOLVED the Brazos County Commissioners Court authorizes the participation of Brazos County as an original member of the "South Central High Speed Rail and Transportation Authority, Inc.," DONE IN OPEN COURT this the _&tL day of ~ r k 1 , 2009. R Sims ounty Judge Loyd Wassermann Duane Peters Commissioner Pct.1 Commissioner, Pct. 2 Kenny *lard Carey Cauley, Jr. Commissioner, Pct. 3 Commissioner, Pct. 4 Resolution 09-002 F CERTIFICATE FOR RESOLUTION We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the, County (the "Commissioners Court") convened in regular session, open to the public, on 27 ,ofXt 1 , 2009, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Randy Sims, County Judge Kenny Mallard, Commissioner, Pct. 3 Lloyd Wassermann, Commissioner, Pct. 1 Carey Cauley, Jr., Commissioner, Pct. 4 Duane Peters, Commissioner, Pct. 2 All members of the Commissioners Court were present, except COD, ey thus constituting a quorum. Whereupon among other business, the following was transac ed at the Meeting: a written RESOLUTION AMENDING AND RESTATING THE RESOLUTION OF MARCH 4, 2008 DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES (the "Resolution") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: 4 NOES: Q ABSTENTIONS: 7 . 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly elected and acting County Clerk of the County. SIGNED AND SEALED this jai C~e wren McQueen Randy Si County Clerk, Brazos County, Texas Coun udge, Brazos County, Texas (COMMISSIONERS COURT SEAL) ~ ® 9:3 1 Resolution 09-003 RESOLUTION AMENDING AND RESTATING THE RESOLUTION OF MARCH 4, 2008 DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WHEREAS, on March 4, 2008, the Commissioners Court of Brazos County, Texas adopted a "Resolution Declaring Intention to Reimburse Certain Expenditures" (the "Reimbursement Resolution"); and WHEREAS, the amount anticipated to be borrowed has increased. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. Section 2 of the Reimbursement Resolution is hereby amended to increase the amount therein from $8,000,000 to $10,000,000. Section 2. All other provisions of the Reimbursement Resolution are hereby ratified and confirmed. Resolution 09-003 c1 PT-op T n 9~ rn e do 15 ZT O F BRAZOSCOUNTY BRYAN, TEXAS RESOLUTION WHEREAS, the Counties of Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington, and all incorporated municipalities, non-profit hospitals, and retail water and/or wastewater utility providers therein have been determined eligible for U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Hurricane Ike Disaster Relief Program funding (FEMA-1791-DR) allocated to the Brazos Valley Council of Governments (COG) Region, and; WHEREAS, the Office of Rural Community Affairs (ORCA) has been designated as the lead State agency to administer funding allocated to the State of Texas, and; WHEREAS, the Brazos Valley COG Board of Directors has approved a Method of Distribution (MOD) for funds to be received in the Brazos Valley COG Region through the CDBG Hurricane Ike Disaster Relief Program, and; WHEREAS, certain conditions represented a threat to public health and safety in a portion of Wickson Creek Special Utility District's retail water service production and distribution through a failure of critical infrastructure to function during or after Hurricane Ike. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: 1. Brazos County authorizes its support in the development of a pre-application by Wickson Creek Special Utility District (S.U.D.) to be submitted to the Brazos Valley Council of Governments (BVCOG) for U.S. Department of Housing and Urban Development, Community Development Block Grant Hurricane Ike Disaster Relief Program funds. 2. Brazos County shall, through its various departments and representatives, assist in the development of the County's ORCA application as based on BVCOG recommendations. 3. Brazos County Commissioners Court shall give approval to an application for Hurricane Ike funding assistance on behalf of Wickson Creek S.U.D. prior to application submission to the Office of Rural Community Affairs. Ra Sims, County Jud Attest: c aren McQueen, County Clerk %A Resolution 09-004 o~73 INMATE HOUSING AGREEMENTS This agreement is made by and entered into between Grimes County, Texas (hereinafter "Grimes 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, Grimes 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 Interlocal Cooperation Agreement for such detention services pursuant to Tex. Govt. Code Sec. 791.003(a) and WHEREAS, Brazos County and Grimes County desire to enter into an agreement pursuant to which Grimes 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: Grimes 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. Grimes 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 Grimes County Sheriffs 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 forty dollars ($40.00) 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 Grimes County. 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 Grimes County's facility or by other than facility staff, prescription drugs and treatments, or surgical, optical and dental care, and does not include the costs associated with any hospitalization of an inmate. 1) ;A 1 Brazos County shall pay Grimes County an amount equal to the amount Grimes 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 Grimes County Sheriffs Office, the Grimes 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. Grimes County may in its discretion transfer an inmate with a non-emergency medical condition back to Brazos County. Grimes 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, Grimes County has the right to arrange for the hospital or health care provider to bill Brazos County directly for the costs of the hospitalization and/or medical care, rather than Grimes 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 Grimes County for such costs within thirty (30) days of receipt of an invoice from Grimes County, which invoice may be delivered personally, by facsimile, by mail or by other reliable courier. 1.04 MEDICAL INFORMATION: Brazos County shall provide Grimes County with medical information for all inmates sought to be transferred to Grimes 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 Grimes 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. 1.05 TRANSPORTATION AND OFF-SITE SECURITY: Brazos County is responsible for the transportation of its inmates to and from Grimes 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. Grimes County agrees to provide non-ambulance transportation for inmates to and from off-site medical service providers in Grimes County. 00 2 Transport to off-site medical service providers not located in Grimes 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 Grimes County. Grimes 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 Grimes County. Brazos County shall compensate Grimes County at the rate of $25.00 per hour for guard services which shall be billed by Grimes 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: Grimes County shall provide the detention services described herein at the Grimes County Jail in Anderson, Texas. ARTICLE H FINANCIAL PROVISIONS 2.01 BILLING PROCEDURE: Grimes County shall submit an itemized invoice for the services provided each month to Brazos County by the 10th of the month immediately following the rendering of incarceration services. However, failure by Grimes County to submit an invoice to Brazos County by the 10th day of the month shall be considered a breach of this agreement, and Grimes County shall be entitled to payment in accordance with the provisions below. 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 Grimes County within thirty (30) days after receipt of the invoice. Payment shall be in the name of Grimes County, Texas and shall be remitted to: Grimes County Sheriff's Office 382 FM 149 West Anderson, Texas 77830. Amounts which are not timely paid in accordance with the above procedure shall 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 Grimes County is entitled to recover its reasonable and necessary attorney's fees and costs incurred in collection of amounts due under this agreement. 3 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 subsequent renewal period, the per diem rate for detention services shall be at the rate negotiated by the parties for such additional renewal period. The terms, conditions and rates with regard to any renewal period shall be mutually agreed between the parties and approved by the commissioners' court of each county. 3.03 TERIYIINATION: 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 parry to receive notices. This agreement will likewise terminate upon the happening of an event that renders performance hereunder by Grimes County impracticable or impossible, such as severe damage to or destruction of the facility or actions by governmental or judicial entities which create a legal barrier to the acceptance of any of Brazos County's inmates. ARTICLE 1V ACCEPTANCE OF INMATES 4.01 COMPLIANCE WITH LAW: Nothing herein shall create any obligation upon Grimes County to house Brazos County's inmates where the housing of said inmates will, in the opinion of the Grimes County Sheriff, raise the population of the facility above permissible numbers of inmates allowed by law, or will, in the Sheriffs opinion, create a condition of overcrowding or create conditions which endanger the life and/or welfare of personnel or inmates at the facility, or result in a possible violation of the constitutional rights of the inmates housed at the facility. At any time that the Grimes County Sheriff determines that a condition exists at the Grimes County facility necessitating the removal of the Brazos County's prisoners, or any specified number thereof, Brazos County shall, upon notice by the Grimes 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 Grimes 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 Grimes County facility. 190 77 4 All inmates proposed by Brazos County to be transferred to the Grimes County facility under this agreement must meet the eligibility requirements set forth above. Grimes 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 Grimes County's facility, Grimes 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. Upon such a demand, Brazos County shall mi mediately within eight (8) hours remove and replace such inmate. 4.03 RESERVATION WITH REGARD TO ACCEPTANCE OR CONTINUED INCARCERATION OF INDIVIDUAL INMATES: Grimes County reserves the right for its Sheriff or his designated representative to review the background of all inmates sought to be transferred to the Grimes County facility, and Brazos County shall cooperate with and provide information requested regarding any inmate by the Grimes County Sheriff. Grimes 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 Grimes County Sheriff make the inmate unacceptable for continued incarceration in Grimes County's facility in the opinion of the Grimes 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 Grimes County Sheriff. Inmates may also be required to be removed from the facility when their classification changes for any reason. 4.04 INMATE SENTENCES: Brazos County represents to Grimes County that all inmates transferred to Grimes County are serving legally adjudicated sentences or awaiting trial upon the issuance of warrant, information and complaint, or grand jury indictment. Grimes 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 Grimes County notice of same, and to the extent allowed by law, shall indemnify and hold Grimes County harmless for all liability or expenses of any kind arising therefrom. Brazos County inmates will be returned to Brazos County prior to discharge. Grimes 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 CRIMINAL JUSTICE: Brazos County inmates sentenced to prison terms may be transferred by Grimes County when authenticated judgments or orders are presented to Grimes 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: 5 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 parry hereto to the other by United States Mail or other reliable courier at the following addresses: Grimes County Judge PO Box 610 Anderson, Texas 77830 Grimes County Sheriff 382 FM 149 West Anderson, Texas 77830 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 Anderson, Grimes County, Texas, and venue of any dispute or matter arising under this agreement shall lie in a district court of Grimes County, Texas. 5.06 APPROVALS: This agreement must be approved by the Commissioners Court of Brazos County and the Commissioners Court of Grimes 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. 00 9' -p 6 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. Signature and Execution; &tL4 &U&ttovi,G~v 3 , moo Judge Be Shiflett Date Signed Grimes County Judge PO Box 610, Anderson, Texas 77830 (As authorized and Approved by the Grimes County Commissioners' Court by Order Dated 6Brazoounty Sims Date Signed Judge 200 S. Texas Avenue, Suite 332, Bryan, Texas 77803 (As authorized and Approved by the Brazos County Commissioners' Court by Order Dated heriff Donald G. Sowell Date Signed Grimes County Sheriff 382 FM 149 West Anderson, Texas 77830 Sheriff Chris Kirk Date Signed Brazos County Sheriff 1700 State Highway 21 West Bryan, TX 77803 7 i i LEASE AGREEMENT This lease agreement which is effective as of the day of 2009, is made by and between Brazos County, Texas, ("Lessor") whose addr a for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of Bryan-College Station, Inc. ("Lessee") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached hereto with such property hereinafter called the "leased premises". 1. TERM The term of this lease shall be two (2) years commencing on June 1, 2009, and ending on June 1, 2011. II. RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefore and without any deduction or setoff as a fixed minimum rent of the sum of Six Hundred Dollars ($650.00) per month during the entire term of this lease, such amount to be referred to herein as the "Base Rent." Unless otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described below in consideration for the payment of the Base Rent and no other amount. B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased premises as follows: 1. At all times, the exclusive use of the office space described and designated at Exhibit "A" attached hereto. 2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as described on Exhibit "A". 3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of general membership, board, and provisional meetings scheduled for the twelve months to follow. The Lessor shall, within two weeks of receiving the calendar of meetings, respond to the Lessee with a confirmation of the proposed schedule. Once the proposed calendar is confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the Lessor for use by the Lessee. The room set-up for these three types of meetings can be auditorium style or banquet style. If Lessee will not require the use of the requested rooms for the meetings on any given day, Lessee will give Lessor at least 30 days notice. It is generally understood and agreed by Lessor and Lessee that the general membership meetings will be held in either Assembly I, Ill, IV, or in Lecture/Rehearsal 102. 4. Those areas designated on Exhibit "A" as Room 106, Room 108, and Room 102 may be used for committee and council meetings at no extra charge provided the following conditions prevail: a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises. 1 1,30 ~ b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly IV or Room 102 for 2 - six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. C. Lessor shall provide cleanup service after General Membership, Board, Provisional and Committee meetings, including Agency Orientation and Candidate Orientation, held in Assembly I, III, IV or rooms 102, 106, and 108. Cleanup service includes emptying trash cans and disposing of trash in the dumpster, sweeping and mopping floor and disposing of all remaining items left in room unless otherwise notified. Lessee is responsible for the care and removal of their property, decorations, and equipment. III BUSINESS Lessee shall use the leased premises solely for the use and purpose for which it is let, that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein. IV CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit "A" attached hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any improvements on or in such without the express written consent of the Lessor. V MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment, fire protection, sprinkler system and the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance costing $100.00 or less of the leased premises. Lessee shall throughout the lease term maintain the leased premises free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. VI TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and governmental charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges, if any, for any and all personal property located on the above premises. VII. UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. VIII. INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all times a police of general liability insurance, including coverage for property damage, in an amount no less than $500,000.00. Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care of the Lessee. IX. SIGNS Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor in advance. X. INDEMNITY The Lessee agrees to and shall indemnify and hold harmless and defend the Lessor, its officers, agents, elected officials and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or damage to any property, or for any breach of contract arising out of or in connection with this lease agreement and the purposes for which this lease agreement was entered into, including but not limited to property damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any invitees, licensees or guests of the Lessee. XI. DEFAULT If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S. mail, return receipt requested, of such delinquency, or shall remain in default under any other conditions of this lease for a period of ten (10) days after written notice by U.S. mail, return receipt requested, from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of said premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor by unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. Ix ~ & -5 3 ♦ L~ XII. ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. XIII. NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sole exception that notice of default must be delivered by U.S. mail, certified return receipt requested, addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the following addresses: Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. XV. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. XVI. AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof duly executed by the parties hereto. XVII. ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. XVIII. FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of God, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. 4 IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. LESSOR: LESSEE: BRAZOS COUNTY, TEXAS THE JUNIOR LEAGUE OF BRYAN- C/O THE BRAZOS CENTER COLLEGE STATION, INC. NAME: NAME. TITLE: TITLE:. / BRAZOS COUNTY, T S C/O COU JUD COUNTY J GE DATE 5 • 1 f nuncoin Financial G roupo Lincoln Fitiandal Group is the marketing name for Lincoln National Corporation and its affiliates. The Lincoln National: UN Insurance Company 8801 Indian Hills Drive Omaha, NE 68144-40W toff free (800) 423-!T6 - www:LF.G;Com March 17, 2009 i Brazos County 200 South Texas Ave Suite 206 ' Bryan, TX 77803 ' RE: Renewal Letter for Policy Number: 40-0001000-00033 Renewal Effective Date: 0510112009 We have completed our renewal analysis for the above named client. It is our sincere pleasure to provide Brazos County with quality group products and services at a cost that delivers sound value. As part of our effort to ensure continuing quality products and services, each year we carefully review and analyze current benefit and rate structures to determine the appropriate premium levels to charge for continued group insurance protection for your valued employees. The renewal process includes a recalculation of the premium rates to reflect the current plan features, nature of the industry and the composition of your group, including benefit amounts, ages and gender of your participating employees. Plan utilization is not usually a factor in renewal calculations for groups of your size. The experience of groups of this size is not deemed credible, therefore, their experience is pooled with other groups of similar size and composition. We have completed our renewal analysis for Brazos County's Voluntary Life policy. Yourcurrent premium rates appear sufficient to maintain the plan's sound financial basis, therefore, we are not requesting an increase in your current premium rates. These rates are guaranteed for 24 months from the renewal date shown above. Your next renewal will take place 05/0112011. This renewal letter is intended to serve as a policy amendment and should be kept with your policy. 3 3 I.0 Thank you for the opportunity to be of service to Brazos County. We appreciate your business and look forward to working with you in the future as we continue to meet your group insurance needs. If you have any questions, or if I can be of further assistance, please feel free to. call me on our toll-free number. 800= 423-2765. Sincerely, Donna Goolsby Renewal Service Rep, Level 1 cc: Insurors of Texas General Agency Inc P O Box 2683 Waco, TX 76702 cc: Kyle Veverka Lincoln Financial Group focuses on making life easier for you by doing business the way you want to do business - via the Web, telephone, IVR, e-mail and fax. We are committed to being there when you need us! Visit us on the web at www.1i)fic.com. APPRO D: ZD dy Sims, County Judge date IOU 42U 7 Brazos County F Purchasing Department 200 S. TX. AVE., SUITE 352 BRYAN, TX 77803 PRONE (979) 361-4269 FAX (979) 361-4293 ANNUAL SERVICE CONTRACT GENERAL REQUIREMENT FOR CONTRACT I, ,wee 3114o J-111 as a duly authorized representative of S willingly attest to perform Fairbank's Scales for Brazos County for the period of April 2, 2009 through April 1, 2010. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices, AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids, CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and the County Judge or other person authorized by the Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. , Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, -1- i3 and/or to properly perform any and all se vices required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non-response. After the initial award period, this contract can be renewed for 3 (three) additional 1 (one) year periods if approved by Commissioner's Court. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and ise directly property damage with adequate lunder toms of this bid. Cert ficat on of such rcover age must be indirectly from work performed provided to the County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. INVOICES & PAYMENTS Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the vendor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The vendor will provide an invoice for each month in which the County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. -2- 00 0 • Vendor agrees to pricing structure described as the Calibration Agreement attached as Exhibit "A"; the Service Agreement Terms and Conditions, attached as Exhibit "B"; and the Hourly Service Rate, attached here to as Exhibit "C" and incorporated herein as though fully set forth However in the event of an conflict in the terms set forth in Exhibits "A" through "C", the terms of this agreement shall control over the terms of Exhibits "A" through "C". TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption fiom all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terns and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is farther advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor fiom submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be. held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. -3- t~~ 00 SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission fiom it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial.practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The ContractorNendor, before starting work for Brazos County, must furnish the County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to the County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986190 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims _made policies are acceptable without prior approval by the Commissioners Court/Risk Management. The Certificate of Insurance furnished to the County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County INDEMNIFICATION The Contractor 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 including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or fiom the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by the County may be retained for the use of the County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the -4- lao ~61 County. Contractor shall defend, indemnify and save harmless the County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by the County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agree to a 1 visions and specifications of this contract. Signed By: - Title: ~Kccc. Scz-ovct- Print Name: Company Name: Phone No. Zc Mailing Address: P. O. Box or Street City State Zip Employer Identification Number: Social Security Number: Approved by Commissioner's Court on this day of i 2009 by 2G . {M.S 1 osition of Brazos County Judae Signature: -5- FAIRBANKS CALIBRATION AGREEMENT s RV I ❑X Standard Calibration Service Agreement No. 216- 4010-2009 ❑ Other Maintenance Service: Customer Name and Billing Address Work Location (If different) Brazos County 2617 H 21 East Same Bryan TX Primary Contact: Kay Commencement Date: April 1, 2009 Phone 979.822.2127 Duration of Agreement: Open Customer P.O. No.: Inspection Schedule: Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec (Check Inspection months) ❑ ❑ ❑ ❑ E ❑ ❑ ❑ ❑ ❑ E ❑ EQUIPMENT LIST Item Model No. Serial No. Description Location 1 18752 N/A 2500 Series Indicator Road & Brid e 2 PLT 7010-1 N/A 4 Section Truck Scale Road & Bridge Based on a semi earl agreement May & November List additional equipment and other service requested on Schedule A, FF-0911. (Schedule A attached) Yes No X The customer accepts Fairbanks Scales' offer for calibration service during the coverage period above on the products listed for a price of $300.00 per Inspection Additional service work during the term of this agreement will be invoiced at a Preferred Customer Rate plus appropriate truck and travel charges during normal working hours, (8am to 5pm, Monday thru Friday, except holidays). Add $ NIA for lubrication to be performed Fairbanks Service By Greg Christiansen ~Signa ure Customer - gna ure (Typed) (Typed): 1 Title Area Service Manager Title: 1 f-y r-O ~cJ Service Center 216 -Houston TX Date: Z1I Ald 9 Date 3/18/2009 Reference Service Term & Conditions No. 50568 101981 / FF-0064 Copying Not Permitted 10104 Issue No. 8 W A3 SERVICE AGREEMENT TERMS AND CONDITIONS Fairbanks Scales Inc., 821 Locust, Kansas City Missouri 64106 (the" Seller") agrees to provide the Customer (the "Customer") Service coverage for the products listed an the front of this document in accordance with the terms and conditions set forth below. 1. Term of Agreement (a.) The term of this Service Agreement as selected by the Customer Is noted on the front of this Agreement. The Agreement begins on the commencement date stated and will continue for the coverage period selected by the Customer. (b.) Upon commencement of the term, the Sellers obligation to the Customer under any prior agreement for the equipment, listed will cease and neither the customer nor the Seller will have any further obligation to the other In connection with the prior agreements, except for payment by the Customer for charges incurred thereunder. (c.) This Agreement shall automatically renew for consecutive twelve (12) month periods, unless thirty (30) days prior written notice Is provided to the other party. All pricing is subject to change without notice. (d.) The Agreement may be terminated, subject to Paragraph (c) above, by either party at the end of the Initial term, or at any time thereafter, upon sixty (60) days prior written notice to the other party. 2. If Customer selects inspection, test and calibration service, the Seller agrees to: (a.) Inspect and test the Customer's scale for accuracy. (b.) Make necessary field adjustments to maintain the scale within applicable maintenance % tolerance. If repairs are required to maintain the scale within applicable maintenance % tolerance, extra charges may apply. (c.) Furnish sufficient test weights to conduct a proper test, in accordance with applicable regulations (d.) Furnish a complete written report of the condition and accuracy of each scale. (e.) Instruct the Customers employees of the proper operation and maintenance procedures. (f.) Provide service by a factory trained and fully equipped Fairbanks Service Technician. 3. Period of Service Availability and Movement of Equipment (a.) The Agreement price entities the Customer to Service during the period of 8:00 A.M, to 5:00 P.M., Monday through Friday, excluding excluding those holidays observed by the Seller. Additional charges may be applicable for Service performed outside the standard service period. (b.) Additional charges maybe applicable If the equipment shown in this Agreement Is moved to anew facility. 4. No Warranty and Limitation of Liability (a.) THERE IS NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABiLIT' OR FITNESS FOR A PARTICULAR PURPOSE UNDER OR IN RESPECT OF THIS AGREEMENT OR THE SERVICES INCLUDED. THE OBLIGATIONS OF THE SELLER ARE ONLY THOSE SET FORTH IN THIS AGREEMENT. (b.) In no event shall the Seller, its officers, employees, agents or distributors be liable for, and the Customer waives and releases any claims against the Seller for, any special, Indirect, collateral or consequential damages, including, but not limited to, lost revenue, lost profits or any other damages resulting from performance or failure to perform under this Agreement, inoperability of the equipment for any reason, or the equipment being out of balance. (c.) The Seller will not be responsible for loss of use of the equipment, or for any other liabilities arising from alterations additions, adjustments, or repairs, which are made to the equipment by anyone other than the authorized representatives of the Seller. (d.) The remedies of the Customer, as set forth herein are exclusive. 5. Tax The Customer agrees to pay the Seller the amount which the Seller is required, to pay on account of any excise, use, sales, or other taxes or charges which may be established or levied by any governmental authority upon the goods and services provided by the Seller under this Agreement. 6. Payment Payment shall be net thirty (30) days from the date of the invoice.(pricing subject to change without notice) 7. Governing Law This Agreement shall be interpreted, governed by, prior construed in accordance with, the laws of the State of Missouri (other than Its rules of conflicts of laws). 50668 03102 Issue #3 101981 / FF-0064 Copying Not Permitted 10/04 Issue No. 8 . o o RO Hourly Service Rate Regular Rate (Continental U.S.A.) Regular rate charged to non-Preferred Series Maintenance Agreement and non-Guardian Service Agreement customers. For all service work minimum 2 hour charge. During normal working 8 am through 5 pm - Monday through Friday $ 100 / Hour hours Excluding Holidays Overtime 5 pm through 8 am - Monday through Friday $ 150 / Hour and All Day Saturday Double-time Sunday and Holidays $ 200 / Hour Brazos County Preferential Rate Preferential rate charged to Preferred Series Maintenance Agreement and Guardian Service Agreement customers for non-agreement repair work. Minimum 2 Hour Charge. During normal working 8 am through 5 pm - Monday through Friday $ 75 Hour hours Excluding Holidays Overtime 5 pm through 8 am - Monday through Friday $112.50 Hour and All Day Saturday Double-Time Sunday and Holidays $ 150 Hour Systems and Illter8Ct Products Regular rate to non-Preferred Series Maintenance Agreement and Guardian Service Agreement customers. For all service work minimum 2 hour charge. During normal working 8 am through 5 pm - Monday through Friday $ 130 Hour hours Excluding Holidays Overtime 5 pm through 8 am - Monday through Friday $ 200 Hour and All Day Saturday International Rate Service performed outside the continental U.S.A $ 1,500 Day (Plus all travel expenses at actual costs) System Rate $ 1,800 Day NOTE: Rates may vary in specific geographic areas. Contact your local Fairbanks Scales Area Service Manager for confirmation of rates and quotation. 50646 - Field Service Price Book June 2006 Issue #b F IRRMNKS _.l.AF 4 Standard Rates SFR1"j4~" Prices subiect to%chanae without notice. 11)D d95 D W LL Q N } 01 0 co G to a C a C N } N y ~ 0 :E eo m CO) CL S as o ~ w ~ N U. 0 ca 0 r } CO CD CR co g Q `L N 0) V g r~ m N S m D W_ 0 IL - C N V Q 0 r } CO 0 a~ N ~ ~ } C O O N ' p M W QOL. W N W S 13 Q r Q co F- Y C Q O a v C W 4 ' N V a - C Q O N O Q p h 'Al N C) o° a a P p as m 10 90 V ~ V = C, M W m ~ M ~ N N ~ m ~ _ w E _ a` 0 Q1 Q N _w x co LL Zz a -Q Q H W ° Z O W °z w v 0 C31 C! g W Y~f y m m r pp" S z w v► m M~ h V w W a ce. cc Z C o c. m m a m 3 Q W - _ OC ~p S O _ N o o ED o ° a Y J H Z V J M J m ~ m Y ` BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: April 21, 2009 ITEM: Request from Verizon Communications to construct a buried 25 pair copper cable installation in the right of way of Dilly Shaw Tap Road beginning approximately 875 ft. west of FM 2776 extending west for a distance of 1,449 ft. at a depth of 36 inches. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: LIC ~14,f j Lfi7l Oe Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC2009-021 This Request is Approv d / Denied ❑ by Commissioners' Court Date: S Randy S' s, County Judge t D 337 1. a VERIZON COMMUNICATION Notice of Line Installation April 15, 2009 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Randy Sims Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: On Dilly Shaw Tap Rd approximately 875' of FM 2776 a buried 25 pair copper cable will be placed 3' in the south ROW Dilly Shaw Tap Rd extending west for a distance of approximately 1449' at a depth of 36". The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. 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'i• t.-t:' g~S $is gits; ~zs rm 9 Q OD 71 LO ryhNSNry~ N el'_I h=NR ~wniSO'.:~ NM1.:.O H ^ryNPRry N ham: , ^ it LLI ~i °1u u u ® SRYu.u. 0.h-O WMA fauxux -QUft Gm O Z U Map of Wixon Valley, TX by MapQuest Page 2 of 2 ICUk7EN S4-3S W. D. 4PDADAIV 7-7- q i LOi~ATIDAJ l s Cr re k', C: 277r ,.~-moo ~ . q - '❑~`~.'i , , ixon !!alley r aL 60 ?Aar"4uestinc. P,1ap C7at3-024©9;k11 T, r or TeteAdii All rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use 00 hq://www.mapquest. com/maps?city=Wixon+Valley&state=TX&country=US&Iatitude=3 4/15/2009