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2009-10-13-9:00AM-REGULAR
S~ PS E O~TA 7 _ 0 039 Ci -9 p 31 BRAZOS 7 COUNTY M BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 13 OCTOBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. i Consider and take action on agenda items 3 - 59: 3. Budget Amendment 08/09 - 53.1 thru 53.7. 4. Budget Amendment 09/10 - 1.1 thru 1.14. 5. Request from the District Attorney's Office for the following salary adjustments resulting in no increase to the County's FY 10 budget: a. Asst. District Attorney 11, Class 0413, Position 7: from $81,183.00 to $57,866.00; b. Asst. District Attorney II, Class 0413, Position 5: from $76,724.00 to $79,600.00; c. Asst. District Attorney II, Class 0413, Position 1: from $77,323.00 to $79,400.00; d. Asst. District Attorney II, Class 0413, Position 6: from $67,943.00 to $72,300.00; e. Asst. District Attorney I, Class 0415, Position 2: from $67,943.00 to $70,500.00; f. Asst. District Attorney I, Class 0415, Position 1: from $78,546.00 to $81,200.00; Vol. I A ( pg. 1 58 Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 Fax: (979) 361-4503 Commissioners Court Agenda ' 13 October 2009 Page 2 g. Asst. District Attorney I, Class 0415, Position 3: from $67,943.00 to $71,000.00; h. Asst. District Attorney I, Class 0415, Position 5: from $62,179.00 to $65,200.00; i. Asst. District Attorney I, Class 0415, Position 4: from $72,283.00 to $75,000.00. 6. Personnel Change of Status. 7. Payment of Claims. 8. Determine the recipient agencies for jurors to have the option to donate all or part of their juror payment to. 9. Proposed Juror Payment Authorization form. 10. Resolution 09-016 adopting a No Parking Zone on FM 974 from the intersection of FM 2223 and FM 974 to Wilcox and down Wilcox for 1000 feet. 11. Copier Lease Agreement with Documation for the 272md District Court's Ricoh copier. 12. Contract with Manpower Inc. for the temporary employment of nurses. 13. Permission to award the Annual Contract for Inspection of Smoke Detectors and Fire Alarm Panels to A-1 Fire & Security Equipment Co.; contract term would be 10/13/09 through 9/30/10 with an option for renewal. 14. Month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cherian for medical services to juvenile residents of the Brazos County Juvenile Detention Center. 15. Month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cberian for medical services provided to inmates in the Brazos County Jail. 16. Service Provider Agreement with Carl Svajada, D.D.S., Jarrod D. Pharr, D.D.S., and Ryan M. Jouett, D.D.S. for dental examinations required prior to placing juveniles into court ordered placements; term of agreement is 1 July 2009 through 30 June 2010. 17. Agreement with Cornell Companies, Inc. for long term juvenile residential services at the Hector Garza Center in San Antonio, Texas; term of agreement is 9/01/2009 through 8/31/2010. 18. Contract with the Brazos Valley Council of Governments for administration of the County Indigent Health Care Program for Fiscal Year 2010; contract term is 10/01/2009 through 9/20/2010. Vol. I d 1P Pg. 15 64 Commissioners Court Agenda 13 October 2009 Page 3 19. Renewal of the agreement with Texas A&M University for pre-employment psychological screenings for peace officers and detention officers; contract term is 10/01/2009 through 9/30/2010. 20. Agreement with PFM Asset Management LLC to serve as Investment Adviser to Brazos County in connection with structuring the escrow related to the Issuer's Limited Tax Refunding Bonds, Series 2009. 21. Contracts with the following community service agencies for Fiscal Year 2010: a. Big Brothers Big Sisters - $9,000 b. Brazos County Historical Commission - $500 c. Brazos County Volunteer Fire Department, Precinct 4 - $29,000 d. District Two, Volunteer Fire Department, Inc. - $29,000 22. Recommendations of the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee for FY 2009-2010: a. Brazos Family Practice Foundation of the Brazos Valley $37,000.00 Expanded TAR WARS b. Brazos Valley Council on Alcohol and Substance Abuse $15,000.00 Tobacco Prevention Education Program (T-PEP) c. Health For All $20,000.00 Chronic Disease Management Smoking Cessation in Brazos County d. Hospice Brazos Valley $70,000.00 Non-funded hospice care for Brazos County tobacco-related illnesses e. Stand Tall Against Tobacco $18,000.00 Stand Tall Against Tobacco (STAT) 23. Proposed 2009 Amended Subdivision and Development Regulations. 24. First year annual payment of $166,000.00 to the Texas A&M Institute of Preclinical Studies in accordance with the County's Economic Development Agreement with Texas A&M University and the Research Valley Partnership, Inc. 25. Proposed job description for the Voter Registration Coordinator position in the Tax Office. 26. Designation of "public purpose" for the purchase of a microwave and refrigerator for the Precinct 4 Justice of the Peace Office. 27. Reimbursement of $10,034.80 to Gerald "Buddy" Winn for excess payments made by Mr. Winn to the County during his tenure as Assessor & Collector of 1'atCCS . 28. Request from the Human Resources Department for permission to issue a County credit card for use in registering for training events and the posting of job vacancies. Vol. a Pg. f (0© Commissioners Court Agenda 13 October 2009 Page 4 29. No change to medical and dental contributions from employees, retirees or the County for plan year 2010. 30. Elected Officials salary schedule for FYI 0. 31. Ratification of the extension agreement with the Brazos County Emergency Communications District. 32. Permission for Tom Quarles, Expo Complex Director, to attend the International Association of Fairs and Expositions Annual Convention and Trade Show in Las Vegas, Nevada; dates of travel are 11/30/09 through 12/03/09. 33. Tax Refund Applications for the following: a. Mrs. Prince Holiday k. Nicholas A. & Naima B. Spurr b. Select Portfolio Servicing 1. Charles L. King c. Sandy Ross Estate m. Perez Todd Roofmg LLC d. Melva Sanders n. Rockwell Automation e. Louis C. & Nancy DeWeese o. Charles N. & Sandra Tillery f M-C Trucking LTD p. Justin L. & Cecilia A. Rusch g. Paul Johnson LPC q. Joe N. & M. Jane Weatherby h. Randall & Shannon M. Cavner r. Cora Simon Moses i. BAC Tax Services s. LECG, LLC j. Pete Ybarra III 34. Treasurer's Report for the Month of August 2009. 35. Capital requisition #00026447 in the amount of $183,123.00 to Dallas Dodge, Inc. for the purchase of six (6) vehicles for the Sheriffs Office, one (1) vehicle for the Constable Pct. 4 Office and two (2) vehicles for the Constable Pct. 1 Office. 36. Capital requisition #00026443 in the amount of $22,986.00 to Caldwell Country Chevrolet for the purchase of one (1) vehicle for the Constable Pct. 2 Office. 37. Capital requisition #00026552 in the amount of $14,253.00 to Caldwell Country Chevrolet for the purchase of one (1) vehicle for the Brazos Center. 38. Capital requisition #00026484 in the amount of $7,095.60 to Kitchen Resources LP for the purchase of a 60 quart mixer for the Jail. 39. Permission to place an ATM machine outside of the Health Department Building. The phone line will be paid for by HM Ventures, who will also be responsible for the safety of the machine. 40. Permission to award Bid 2010-03, Aggregate for Surface Treatment, as follows based on best price: a. Grades 3, 4, 5 Loaded and Hauled: Knife River b. Lightweight Aggregate: TXI Vol. ) a (P Pg. )(01 . Commissioners Court Agenda ' 13 October 2009 Page 5 ~Cjlp-DI 41. Permission to award Bid 62, Culverts, as follows: a. Steel and Aluminum: Comech Construction b. Concrete: Hanson Precast 42. Permission to award RFP 2009-54, asbestos abatement of the Brazos County Courthouse Phase I & II, to Building Abatement Demolition Company, Inc. 43. Permission to award Bid 2009-053, Uniforms for the Sheriffs Department, as follows: a. All uniform pieces except the raincoat: Lone Star Uniforms b. Raincoats: Tyler Uniforms 44. Permission to award Bid 2009-51, Janitorial Supplies, to Ray Criswell. 45. Request from Verizon Communications to construct a road bore and buried cable installations in the right of way of Dick Elliott Road. Site is located in Precinct 2. 46. Request from Road & Bridge for confirmation that buy back program proceeds ($913,000.00) resulting from the sale of Road & Bridge equipment will be deposited back to Road & Bridge contingency (account #61130000). 47. Purchase of a 10' x 12' portable building and installation costs; building will be placed at the Citizen's Collection Station on Kathy Fleming Road. Site is located in Precinct 1. 48. Request from Verizon Communications to construct numerous road bores and buried cable installations in the right of way of Straub Road (at the County's request) to accommodate a road widening project. Site is located in Precinct 1. 49. Cancellation of (subdivision) Unit No. 2 of Woodville Acres Phase 3, Lots 1-8, Block 20 and that portion of Shirley Drive 60' right of way adjoining Block 20, and that portion of Claudia Street adjoining Block 20 and contained within the 4.00 acre description, Vol. 2664, Pg. 222 (Brazos County Official Records). Site is located in Precinct 2. 50. Request from Wickson Creek Special Utility District to construct a 35' road bore for water line installations in the right of way of Sand Creek Road approximately 1,600 ft. from its intersection with State Highway 21. Site is located in Precinct 2. 51. Request from Wickson Creek Special Utility District to construct a 40' road bore for water line installations in the right of way of Coyote Run approximately 0.2 mile from its intersection with FM 1179. Site is located in Precinct 2. 52. Request from vlrlaten for variance to the Brazos County Subdivision. and Development Regulations pertaining to the one structureibuilding per one acre requirement to add a second building to a 1481 acre site (at 14999 FM2154, Wellborn, Texas) to be used as a warehouse with electrical service only. Site is located in Precinct 1. Vol. I a Pg. I a. Commissioners Court Agenda 13 October 2009 Page 6 53. Acceptance of Candlebrook Subdivision into the Brazos County road maintenance system; the road (Golden Trail) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 3. 54. Request from Malcom Pimie on behalf of the City of College Station to construct 60' of 48" waterline and 60' of 4" fiber optic conduit in the right of way of Britten Road, and 80' of 4" PVC fiber optic conduit in the right of way of Rye School Road. Site is located in Precinct 4. 55. Payment Authorization in the amount of $4,837.50 to Crash Dynamics for expert testimony in the trial State vs. Aaron Somers; the invoice exceeded the amount of the purchase order. 56. Payment Authorization in the amount of. $116.00 to Dallas County Southwestern Institute of Forensic Science for special testing needed in an unindicted case; a purchase order was not obtained in advance. 57. Payment Authorization in the amount of $80.00 to Brazos Valley Office Solutions (BVOS) for the repair of a fax machine in the Pct. 4 Justice of the Peace Office; a purchase order was not obtained in advance. 58. Convene into Executive Session pursuant to §551.087 of the Texas Government Code to discuss economic development negotiations. 59. Consider and possible action on the Executive Session. 60. Acknowledgement of the Monthly Reports submitted in September 2009. These reports are available for review in the County Judge's Office 61. Announcement of interest items and possible future agenda topics. 62. Call for citizen input and/or concerns. 63. Agency / Board / Committee reports by Court members. 64. Adjourn Vol. 19-6 Pg I ~3 Commissioners Court Agenda 13 October 2009 Page 7 PUBLIC COMA ENTS 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 Bra os 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 speakers 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 maces are available. Any request for sign ements, please call (979) 361-4102. interpretive services must bearyOade two wo~k& 1~Vs before tl~}peeting. Tor W t'`'- COMMISSIONERS' COURT REGULAR MEETING OCTOBER 13, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 13, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment 408/09-53.1 through 53.7 that would reallocate funds for County Court at Law #2, District Clerk, Non-Departmental, Justice of the Peace, Precinct 3; transfer funds from Contingency to Court Support Costs (2) ; increase the budget of the Alternative Vol i a~ Page 165 Commissioners Court meeting October 13, 2009 2 Dispute Resolution Center. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court next considered Budget Amendment #09/10-1.1 through 1.14 that would reallocate funds for the Sheriff's Office: Jail Division, General Capital Improvement Fund, Road and Bridge Department, District Attorney Crime Fund, District Clerk: Jury Services Division; recognize receipt of funds for the Byrne Grant; transfer funds from General Capital Improvement Fund to Expo Complex, from Road and Bridge Department Contingency to Road and Bridge, to Road and Bridge Equipment, from General Fund Contingency to County Clerk Election Department, to County Court at Law #2, to Justice of the Peace, Precinct 4, to Information Technology Department, to Constable, Precinct 4. The County Judge questioned the Sheriff on what kind of equipment they would be purchasing. The Sheriff responded they would be getting evidence tracking equipment and other equipment yet to be determined. Commissioner Peters moved to approve the budget amendments as submitted. Commissioner Mallard seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye". Commissioner Cauley voted "No". The motion Vol d alp Page ( t~ (v Commissioners Court meeting October 13, 2009 3 carried. A copy each amendment is attached. The next matter for consideration was a request from the District Attorney's Office for the following salary adjustments: a. Assistant District Attorney II, Class 0413, Position 7 from $81,183.00 to $57,866.00 b. Assistant District Attorney II, Class 0413, Position 5 from $76,724.00 to $79,600.00 C. Assistant District Attorney II, Class 0413, Position 1 from $77,323.00 to $79,400.00 d. Assistant District Attorney II, Class 0413, Position 6 from $67,943.00 to $72,300.00 e. Assistant District Attorney I, Class 0415, Position 2 from $67,943.00 to $70,500.00 f. Assistant District Attorney I, Class 0415, Position 1 from $78,546.00 to $81,200.00 g. Assistant District Attorney I, Class 0415, Position 3 from $67,943.00 to $71,000.00 h. Assistant District Attorney I, Class 0415, Position 5 from $62,179.00 to $65,200.00 i. Assistant District Attorney I, Class 0415, Position 4 from $72,283.00 to $75,000.00 Commissioner Peters moved to approve the salary changes as submitted. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye". Commissioner Cauley voted "No". The motion carried. Commissioner Cauley wanted the minutes to reflect that salaries are being increased. Vol i Ice Page W Commissioners Court meeting October 13, 2009 4 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7066801 through 7067264 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was to determine the recipient agencies which the jurors have the option to donate all or part of their juror payment and to have the names of these agencies appear on the yet to be approved Juror Payment Authorization form. After considerable discussion in which the Court discussed expanding the number of recipient agencies, requiring financial information from those agencies to limiting the agencies to only those two that are required by law. The County Judge moved to approve only the two state mandated agencies to be recipients of juror payments. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters and the County Judge voted "Aye". Vol 1 A ~ Page (W Commissioners Court meeting October 13, 2009 5 Commissioners Mallard and Cauley voted "No". The motion to only approve the two state mandated recipients carried. Commissioners Mallard and Cauley both stated they were not in favor of this action. The Court next considered the proposed Juror Payment Authorization form. Commissioner Peters moved to approve the Juror Payment Authorization Form with the two mandated recipients. Commissioner Wassermann seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye". Commissioner Cauley voted "No". The motion to approve the form carried and that it become effective November 1,-2009. A copy is attached. The next matter for consideration was Resolution #09-016 establishing a No Parking Zone on FM 974. On motion by Commissioner Peters, seconded by Commissioner Wassermann the Court voted unanimously to adopt Resolution #09-016 establishing a No Parking Zone on FM 974. A copy is attached. The County will purchase.the signs and the Texas Department of Transportation (TXDOT) will erect and maintain the signs throughout the zone. The Court next considered a copier lease agreement with Documation for the 272nd District Court copier. The cost of Vol ( a Page 10 Commissioners Court meeting October 13, 2009 6 the lease is $190 per month. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the lease agreement. A copy is,attached. The next matter for consideration was a contract with Manpower for the Temporary Employment of Nurses. This is necessitated due to the need to administer flu vaccines to a large volume of citizens. On motion by commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract with Manpower. A copy is attached. The Court next considered the Annual Contract for Inspection of Smoke Detectors/Fire Alarm Panels. Leslie Williams Senior Buyer recommended acceptance of the only bid received which was A-1 Fire & Security Equipment Company. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to A-1 Fire & Security Equipment Company. A copy of the tabulation sheet is attached. The next matter for consideration was a month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cherian to provide medical services to juvenile inmates at the Brazos County Juvenile Detention Center. This is necessitated due to the current contract Vol 110 0 Page 00 Commissioners Court meeting October 13, 2009 7 having expired September 30, 2009 and the parties still being in negotiations concerning the terms and conditions of the contract for the next fiscal year. Brazos County will pay Dr. Cherian the amount of $1,000 each month services are provided during the existence of this Extension and Modification Agreement. Article IV, entitled "Insurance and Article V entitled "Indemnity" are deleted in their entirety. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cherian to provide medical services to juvenile inmates at the Brazos County Juvenile Detention Center and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cherian to provide medical services to inmates at the Brazos County Detention Center. This is necessitated due to the current contract having expired September 30, 2009 and the parties still being in negotiations concerning the terms and conditions of the contract for the next fiscal year. Brazos County will pay Dr. Cherian the amount of $5,250 each month services are provided during the Vol ( a Page l1( Commissioners Court meeting October 13, 2009 8 existence of this Extension and Modification Agreement. Article IV, entitled "Insurance and Article V entitled "Indemnity" are deleted in their entirety. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the month to month extension of and modification to the Medical Services Provider Agreement with Dr. Rany Cherian to provide medical services to inmates at the Brazos County Detention Center and authorized the County Judge to execute the document. A copy is attached. The Court next considered a Service Provider Agreement between Brazos County Juvenile Services and Carl Svajada, D.D.S., Jarrod D. Pharr, D.D.S. and Ryan M. Jouett, D.D.S. to conduct dental examinations that are required prior to placing juveniles into court ordered placements. Funding for services will be provided by Brazos County Juvenile Services at the same rate that Medicaid is billed for similar services in the State of Texas. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the provider agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered entering into agreement with the Cornell Companies, Inc., dba Hector Garza Center to provide long term residential care for children alleged or Vol lad Page M, Commissioners Court meeting October 13, 2009 9 adjudicated to have committed delinquent conduct. The cost to Brazos County is as follows: Basic Level $38.59 per day/per child Moderate Level $87.99 per day/per child Specialized Level $126.49 per day/per child Intense Level $222.19 per day/per child Emergency Shelter $106.22 per day/per child on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with Cornell Companies, Inc., dba Hector Garza Center to provide long term residential care for children alleged or adjudicated to have committed delinquent conduct and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a contract with the Brazos Valley Council of Governments for the administration of the County Indigent Health Care Program for fiscal year 2010. Cost to Brazos County is $96,700 paid in quarterly installments. The term of the contract is from October 1, 2009 through September 30, 2010. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract with the Brazos Valley Council of Governments and authorized the County Judge to execute the document. A copy is attached. Vol ~aL~ Page ~~3 Commissioners Court meeting October 13, 2009 10 The Court next considered the renewal of an Agreement with Texas A&M University for Pre-employment Psychological Screenings for Peace Officer and Detention Officers. The evaluation fee has increased from $80 to $100. The term of the contract is from October 1, 2009 through September 30, 2010. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of Agreement with Texas A&M University and authorized the County Judge to execute the document. A copy is attached. The Court next considered an Agreement with PFM Asset Management LLC to serve as Investment Adviser to Brazos County in connection with structuring the escrow related to the Issuer's Limited Tax Refunding Bonds, Series 2009. Cost to Brazos County is $2,500. The agreement commences on this date and is expected to be completed on or around November 3, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the agreement with PFM and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration of the following community service agency contracts for Fiscal Year 2010: a. Big Brothers Big Sisters $9,000 b. Brazos County Historical Commission $500 Vol ( a~ Page 14 Commissioners Court meeting October 13, 2009 11 C. Brazos County Volunteer Fire Department, Precinct 4 $29.000 d. District Two, Volunteer Fire Department, Inc. $29,000 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contracts and authorized the County Judge to execute the documents. A copy of each is attached. The Court next considered the following recommendations from the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee for Fiscal year 2010: a. Brazos Family Practice Foundation of the Brazos Valley $37,000 - Expanded TAR WARS b. Brazos Valley Council on Alcohol and Substance Abuse $15,000 - Tobacco Prevention Education Program (T-PEP) C. Health For All $20,000 - Chronic Disease Management Smoking Cessation in Brazos County d. Hospice Brazos Valley $70,000 - Non funded hospice care for Brazos County tobacco related illnesses e. Stand Tall Against Tobacco $18,000 Stand Tall Against Tobacco (STAT) On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendations of the CHEF Committee to fund the above referenced agencies for the stipulated amounts for fiscal year 2009-2010. The next matter before the Court was consideration of the proposed 2009 Amended Subdivision and Development Regulations. Vol ( ai~ Page 175 Commissioners Court meeting October 13, 2009 12 Commissioner Peters voiced concern that this might prevent the development of rural subdivisions and he had other issues with the document. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to remove this from the agenda in order to study it more. Commissioner Mallard asked that we get this back on the agenda as soon as possible. The Court next considered the first year annual payment of $166,000 to the Texas A&M Institute Preclinical Studies in accordance with the County's Economic Development Agreement with Texas A&M University and the Research Valley Partnership, Inc. Commissioner Cauley moved to approve the payment. Commissioner Mallard seconded the motion. The County Judge asked if we had the money to pay this. Irene Jett, Budget Officer replied that we had some but were short $47,000 and would have to find it from somewhere else. Commissioners Cauley and Mallard withdrew their motion and second and then on motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to table consideration to allow legal counsel to review the document and because there were insufficient funds for the payment. The next matter for consideration was the proposed job description for the Voter Registration Coordinator position in Vol ~alQ Page Commissioners Court meeting October 13, 2009 13 the Tax Office. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the proposed job description. A copy is attached. The Court next considered the designation of "public purpose" for the purchase of a microwave and refrigerator for the Precinct 4 Justice of the Peace office, Commissioner Cauley moved to approve the designation of "public purpose". Commissioner Peters seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye". The County Judge voted "No". The next matter for consideration was the reimbursement of $10,034.80 to Gerald "Buddy" Winn for excess payments made by Mr. Winn to the County during his tenure as Assessor & Collector of Taxes. After an audit of all accounts during his tenure in office, it was found that there was no shortage of funds in any bank account, nor were there any unpaid liabilities outstanding for those monies owed to the various entities for which he collected funds. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to reimburse Mr. Winn the $10,034.80. The Court next considered a request from the Human Resources Department for permission issue a County credit card for use in registering for training events and the posting of Vol I d to Page M Commissioners Court meeting October 13, 2009 14 job vacancies. This is necessitated due to fewer and fewer vendors accepting purchase orders. Katie Conner, County Auditor informed the Court that using a credit card to post job vacancies is against the current policy. Jennifer Salazar, Human Resources Director stated that a credit card was required to post job vacancies to Aggieland.com. Commissioner Wassermann moved to approve the request for a County credit card. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye". The County Judge voted "No". The motion carried. The next matter for consideration was the Medical and Dental Premiums for 2010. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to not change the contributions by employees and retirees to medical and dental premiums for 2010. It was noted that this is a correction to the agenda. The Court next considered the elected officials salary schedule for 2010. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the attached schedule with a correction to the salary of the County Commissioners. It should read $67,344 instead of $37,344. A copy is attached. Vol l al Page M Commissioners Court meeting October 13, 2009 15 The next matter for consideration was the ratification of the extension agreement with the Brazos County Emergency Communications District. This is necessitated as the parties are still in negotiations concerning the terms and conditions of a contract for the next fiscal year beginning October 1, 2009. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to ratify the extension agreement previously executed by the County Judge. A copy is attached. The next matter for consideration by the Court was a request submitted by Tom Quarles, Director of Special Events Facilities seeking approval for out of state travel to Las Vegas, Nevada to attend the International Association of Fairs and Expositions November 30 through December 3, 2009. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Director of Special events Facilities and approved payment of out of state travel expense for Mr. Tom Quarles. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Mrs. Prince Holiday, over payment $75.39 b. Select Portfolio Servicing, over payment $201.68 c. Sandy Ross Estate, over payment $29.47 d. Melva Sanders, over payment $215.82 Vol t a Page I q Commissioners Court meeting October 13, 2009 16 e. Louis C & Nancy DeWeese, over payment $50.00 f. M-C Trucking LTD, over payment $1,858.25 g. Paul Johnson LPC, over payment $25.21 h. Randall & Shannon M. Cavner, over payment $38.35 i. BAC Tax Services, over payment $4,649.29 j. Pete Ybarra III, over payment $9.20 k. Nicholas A. & Naima B. Spurr, over payment $10.00 1. Charles L. King, over payment $30.29 m. Perez Todd Roofing LLC, over payment $38.18 n. Rockwell Automation, over payment $51.24 o. Charles N. & Sandra Tillery, over payment $1,250.00 p. Justin L. & Cecilia A. Rusch, over payment $49.46 q. Joe N. & M. Jane Weatherby, over payment $9.50 r. Cora Simon Moses, over payment $42.98 s. LECG, LLC, over payment $194.10 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for August 2009. A copy is attached and made a part of these minutes. The Court next considered capital requisition #00026447 in the amount of $183,123.00 to Dallas Dodge, Inc. for the purchase of six (6) vehicles for the Sheriff's Office, one (1) vehicle for the office of Constable, Precinct 4 and two (2) vehicles for the office of Constable, Precinct 1. On motion by Commissioner Peters, seconded by Commissioner Vol I ~1f~ Page ~~C) Commissioners Court meeting October 13, 2009 17 Wassermann, the Court voted unanimously to approve the requisition. The next matter for consideration was requisition #00026443 in the amount of $22,986.00 to Caldwell Country for the purchase of a 2009 Chevrolet Tahoe PPV for the office of Constable, Precinct 2. on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered requisition #00026552 in the amount of $14,253.00 to Caldwell County for the purchase of a Chevrolet Colorado for the Brazos Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter for consideration was requisition 400026484 in the amount of $7,095.60 to Kitchen Resources for the purchase of a 60 quart mixer for the jail. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered a request from the Purchasing Department to place an ATM machine outside of the Health Department Building. The phone line will be paid for by HM Ventures who will also be responsible for the safety of the machine. On motion by Commissioner Peters, seconded by the Vol I g( Page Commissioners Court meeting October 13, 2009 18 County Judge, the Court voted unanimously to approve the request from the Purchasing Department. The Court next considered Bid 2010-03, Aggregate for Surface Treatment. Charles Wendt, Assistant Purchasing Agent recommended awarding the bid as follows: Grades 3,4,5 Loaded and Hauled - Knife River Lightweight Aggregate - TXI On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and awarded the contract as noted above. A copy of the bid tabulation is attached. The Court next considered Bid 2010-01, Culverts. Charles Wendt, Assistant Purchasing Agent recommended awarding the bid as follows: Steel and Aluminum - Contech Construction Concrete - Hanson Precast on motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and awarded the contract as noted above. A copy of the bid tabulation is attached. Let the minutes reflect that there is a clerical Vol f a o Page I g" Commissioners Court meeting October 13, 2009 19 error on the agenda and this is Bid 2010-01 rather than 2009- 02. The Court next considered Bid 2009-54, Asbestos Abatement of the Brazos County Courthouse Phase I & II. Pat Howard, Purchasing Agent recommended awarding the bid to Building Abatement Demolition Company, Inc. On motion by Commissioner Peters, 'seconded by the County Judge, the Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded the contract to Building Abatement Demolition Company, Inc. A copy of the bid tabulation is attached. The Court next considered Bid 2009-53, Uniforms for the Sheriff's Department. Pat Howard, Purchasing Agent recommended awarding the bid as follows: Lone Star Uniforms - all except raincoats Tyler Uniforms - Raincoats on motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded the contract as noted above. A copy of the bid tabulation is attached. The Court next considered' awarding Bid No. 2009-51, Janitorial Supplies. Pat Howard, Purchasing Agent, Vol alb Page 1 g3 Commissioners Court meeting October 13, 2009 20 recommended acceptance of the bid submitted by Ray Criswell. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Ray Criswell. A copy of the bid tabulation is attached. The Court next considered the request from Verizon Communications to construct a road bore and buried cable installation in the right-of-way of Dick Elliott Road. 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 from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was a request for confirmation that the buy back program proceeds ($913,000.00) resulting from the sale of Road and Bridge Department equipment will be deposited back into Road and Bridge Department Contingency. Katie Conner, County Auditor said that in the original budget the funds 'go from Capital Improvements to the General Fund. Richard Vance, County Engineer said they were hoping to purchase new equipment with the funds. Commissioner Peters stated all funds are controlled Vol q a (p Page 1 ~4 Commissioners Court meeting October 13, 2009 21 by the Commissioners Court. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to confirm that the buy back program proceeds ($913,000.00) resulting from the sale of Road and Bridge Department equipment will be deposited back into Road and Bridge Department Contingency. The Court next considered the purchase of a 10 foot by 12 foot portable building and installation costs of $26,000.00 to be placed at the Citizen's Collection Station on Kathy Fleming Road located in Precinct 1. The building will serve as a shelter for the attendant on site. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the purchase. The Court next considered the request from verizon Communications to construct numerous road bores and buried cable installations in the right-of-way of Straub Road to accommodate a road widening project. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon Communications and authorized the installations. A copy of the request is attached hereto. Vol 1 a Page 185 Commissioners Court meeting October 13, 2009 22 The next matter for consideration was the cancellation of subdivision Unit No. 2 of Woodville Acres Phase 3, Lots 1-8, Block 20 and that portion of Shirley Drive 60 feet right-of- way adjoining Block 20, and that portion of Claudia Street adjoining Block 20 and contained within the 4.00 acre description recorded in Volume 2664, Page 222 of the Brazos County Official Records. The site is located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to abandon the subdivision. The Court next considered the request from Wickson Creek Special Utility District to construct a 35 foot road bore for water line installations in the right-of-way of Sand Creek Road approximately 1,600 feet from its intersection with State Highway 21. 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 from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a 40 foot road bore for Vol laQ Page 14 Commissioners Court meeting October 13, 2009 23 water line installations in the right-of-way of Coyote Run approximately 0.2 mile from its intersection with FM 1179. 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 from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered a request from Kevin Slaten for variance to the Brazos County Subdivision and Development Regulations pertaining to the one structure/building per one acre requirement to add a second building to a 1.81 acre site to be used as a warehouse with electrical service only. The site is located in Precinct 1. Let the minutes reflect that the individual's name is Kevin rather than Keith as stated on the agenda. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request and granted a variance to the Brazos County Subdivision and Development Regulations. The next matter for consideration was the acceptance of Candlebrook Subdivision into the Brazos County Road Maintenance System. The road, Golden Trail and drainage structures are in compliance with Brazos County Subdivision Vol I a Page 18 Commissioners Court meeting October 13, 2009 24 and Development Regulations. The site is located in Precinct 3. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to accept Golden Trail and the drainage structures into the Brazos County Road Maintenance System. The Court next considered a request from Malcolm Pirnie on behalf of the City of College Station to construct 60 feet of 48 inch waterline and 60 feet of 4 inch fiber optic conduit in the right-of-way of Britten Road and 80 feet of 4 inch PVC fiber optic conduit in the right-of-way of Rye School Road. The site is located in Precinct 4. Let the minutes reflect that the correct spelling of Mr. Pirnie's first name is Malcolm and not Malcom as appears on the agenda. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. The Court next considered approval of a payment authorization in the amount of $4,837.50 to Crash Dynamics for expert testimony in an intoxication manslaughter case. The invoice amount exceeded the purchase order amount. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. Vol IA Page 139 Commissioners Court meeting October 13, 2009 25 The next matter for consideration was a payment authorization in the amount of $116.00 to the Dallas County Treasurer for the Southwestern Institute of Forensic Sciences for special testing needed in an unindicted case. No purchase order was obtained in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court considered a payment authorization in the amount of $80 to BVOS for a service call to repair a fax machine. No purchase order was obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The County Judge deviated from the agenda and went on to item 60 which was the acknowledgement of the monthly reports submitted in September 2009 from the following offices: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff Vol 1, ~ Page ~ ~°J Commissioners Court meeting October 13, 2009 26 A copy of the Officials' reports can be viewed in the County Auditor's office. 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 500 inmates in jail, 28 are out of County, 66 have monitors and 36 are pending for monitors. Pat Howard Purchasing Agent a) Reminded the Court of the tour of the jail tomorrow at 4:00 pm. It will be muddy she said. Gary Arnold, Road and Bridge Department a) Informed the Court that the Flood Plain maps are in the Commissioners Court conference room on the table. There will be a meeting on this soon if anyone would like to attend. There were no Agency/Board/Committee reports by Court members. At 10:42 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 as allowed under Section 551.087 of the Texas Government Code. Those attending were Candy Gallego, Executive Assistant, Ruth Vol I f~ Page 190 Commissioners Court meeting October 13, 2009 27 McLeod, Administrative Assistant, Bill Ballard, Civil Attorney, Katie Conner, County Auditor, Todd McDaniel, Research valley Partnership, Debbie Lockledge, Administrative Assistant, Tina Snelling, Civil Counsel and Irene Jett, Budget Officer. At 11:52 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. There being no further business to come before the Court, the meeting was adjourned. Vol l A.0 Page lal The foregoing minutes of the Commissioners Court meeting held been examined and are approved in open October 13, 2009 have Court this the JO- day of NL-"Ip,,,. , 2009, in Bryan, Brazos ount Texas. Randy ms Lloyd /Wassermann Count Judge Commissioner, Precinct 1 Duane Peters t Kenny Mall Commissioner, Precinct 2 Commissioner, Precinct 3 ;rma. ule Commissione r4 ecinct 4 Attest: Karen McQueent County Clerk Vol l~ Page lq), Pg of Z BR.AZOS CO Ul"J 1 Y COMMISSIONER'S COLM-T ,~D AY OF , 20Q oc~ A.MI, Name Organization (PLEASE PRINT) (PLEASE PRINT) ~/1 ~!7/IIIP ~ ~n/7 1 T, - Li O val. , 2G ' S XM vol. ~a~P PS. L-!3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on '3i 2009 @ Name Organization / Department 1 C C'~4-C c.~ ' C r. USG -,3-vg4jv 16 PAGE of v Vol. ~a~ Pg. 19+ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 53.1 thru 53.7 On this the 13'h day of October 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13 October 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 13th day of October 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 vol. 10 pg. 5.__ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 53.1 1 0/1 31200 9 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 6100 3100100 59100000 CR DDEA 945.49 0100 23100100 60170000 DR Copier/Printer Supplies 44.76 0100 23100100 61490000 DR Petit Jury Expense 144.25 0100 23100100 61801000 DR Travel 446.78 0100 23100100 61900000 DR Visiting-Court Reporters 32.50 0100 23100100 61931000 DR Visting-Judges 277.20 County Court At Law #2: L Locke To reallocate funds to allow for the payment of utilities for September 2009, which should fund the remainder of the fiscal year. ~D~epartmentAPP,wroval~~ Pre areaB RAN% ,Date , 11) 8l2009z ^s'T~~''^siZ"~ a k. L ountyJutlge pprova xDafes, Vol. a pg• l q ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 53.2 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 5,000.00 0100 11010000 72206000 DR Crt Appointed Attys-272nd District Court 5,000.00 General Fund Contingency and Court Support Costs To reallocate funds for the additional funds needed for Court Appointed Attorneys. This funding should cover the costs for an additional week, however all there is a few more weeks of billing that has not been received. €Department Ap oval~i`Date` pared.By " LLif / ;D te: 1o/8I2on ' . dgKA,ppoal °Date/ Countyg Vol. a 1P pg. 1~1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 53.3 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20010000 67203000 CR Minor Computer Hardware 500.00 0100 20010000 61415000 DR Jurors - Petit Jury 500.00 District Clerk: Jury Services Division To reallocate funds to allow for the ayment of monies donated by jurors to various agencies do complete fiscal year 2009. r fDeparEmen,~t~ApP~oval3•u:~'~'~ f~ Date m 4 P,epar6 reduBy ,ifj~ ~ ;Date _ 8/2009 TIM air S, EYItn "~,f 91 510 iCCountyi*Juageif?P_~ Date S vol. C a ce Pg. Cl BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 53.4 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 60620000 CR Postage 525.00 0100 11000500 71025000 DR Contract Services 525.00 Non-Departmental To reallocate funds to allow for the payment of mail service contract to Delucia Mail for the remainder of FY 2009. N-0 lllrum IT , WIN-2 „epartmentfApproval h`;DateS ~";'•a 51 PrepaTed_By ifj Daer~ .1078/2009 r ag "t iM v ea,e LCountyJudAppoual . ` Date xr 'o Vol. l a ~e pg. l BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 53.5 1011312009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1700 41006000 CR Fees - Alternative Dispute 2,855.00 1700 11070000 73400000 DR Dispute Resolution Center 2,855.00 Alternative Dispute Resolution: To increase the bud et to recognize realized revenues in excess of the original budget. IN Lj f 1 _ DepartmenpTovalf a._Date ~aep~By~~+ • ~ ' ifja Of/ NMI p-.rcv ?CI w y . pro.-pr.val ' ae"a•+• Dat rk tGounty~Jud .Ap~~ k lY ~rt e V0 1. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 53.6 10/13/2009 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 24301100 65450000 CR Office Equipment Mainteance 150.00 0100 24301100 71119000 CR Janitorial Services 218.62 0100 24301100 71500000 CR Rental-Equipment 75.26 0100 24301100 59100000 CR DDEA 1,538.08 0100 24301100 60170000 DR Co ier/Printer Supplies 1,450.65 0100 24301100 61801000 DR Travel 531.31 Justice of the Peace Pct. # 3: Boyett To reallocate funds to allow for the processing of travel reimbursements and copier printer su lies to close out FY 2009. iDepar..atinent~Ap%oval ~ v `Date P`rePared~By= ~~'~~'"uifjr a tn`t. =5s n' `om „@'•yR,; 12 J~dmpzrdval u~Da~ea~7a P lip 1 Vol. a Pg. 90 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 53.7 10113/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 2,000.00 0100 11010000 61020000 DR Auto sy 2,000.00 General Fund Contingency and Court Support To reallocate funds to allow for the ayment of autopsies to close out fiscal year 2009. i f L # ~ ~ ~ a4o~ ~ ma: ca.-ins" m+•o-ts ro ~r°~`~ ~~~r rfent~ PRroual~+ ~ ~a ~ Date P epafe 'Bye ° :416 ~ °CD S L~D09 ~„r *+n w7 ~ Ns" ouo/Ji~PArrntal pate aaa Vol. P9. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009-2010 BUDGET YEAR NO. 09/10 -1.1 thru 1.14 On this the I P day of October 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13 October 2009 the Court heard and approved a budget amendment for the 2009-2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13`h day of October 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Rand Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Pg Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -1.1 1 011 312 0 0 9 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 3000 48047400 CR Justice Assistance - Byrne Grant 84 ooI -co 3000 288000 80286000 DR Equipment - Other 22,000.00 3000 288000 67286000 DR Equipment - Other 62,001.00 Justice Assistance-Byrne Grant To recognize 2009-2010 grant funding received from the Simulus Funding of JAG grant. Funds will be used to purchase Evidence Tracking software as well as other equipment yet to be determined. eEBta fRate?c uc?73o491 jj:j r OCT r 2009 OFFICE OF SHERIFF CHRIS KIRK BRAZOS COUNTY ol. pg. ~0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.2 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 51615000 CR Hourly-Law Enforcement 2,568.00 0100 28002000 51440000 DR Salary-Law Enforcement 2,568.00 Sheriff Office: Jail Division To reallocate funds for request from the Sheriff to reallocate funds between positions approved by Commissioners Court On September 29, 2009 for fiscal year 2010, item # 5. 'r"`°s~Umsi .2^~ , >.>ra v.; ";'i4g'd` z •'ti: _ v.x ~.:u,rx .w Depa rrre- Pnepa4redlB.Y r~ifjt Date„'~.~~r,>10TfJ2009_ x _ Ss ' DatP County Jud9. .1? r?Eq' vS a Vol. P~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 1.3 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 49028000 CR Transfer from General Fund 50.00 4500 63000500 80890000 DR Vehicles 50.00 0100 36000100 65950000 CR Vehicle Mainteance 50.00 0100 91110000 DR Transfer to Capital Improvement Fund 50.00 General Capital Improvement Fund and Expo Complex: To reallocate funds to allow for the purchase of truck decals with County emblem. St ~I gay w EDepar#ment~Approv`al Date Pre Pared rf„ Date r~~,. ~~.z~-s E1on zoo9; 1 n w.. n.v g ✓yy 'Mbkn 0004 M E ounty Jud ~App~,ovarl w r~,;~;;Dafe Vol. - Pg• a-'_ ~e. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.4 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80283000 CR Equipment - Jail 13,000.00 4500 63000500 80050000 DR Appliances 13,000.00 General Capital Improvement Fund To reallocate funds for the purchase of a 60 quart mixer and the ice maker from the correct account number. ,~~~p'"^..S ~ MIME 2 M h Pre a~edr~B ,P Y Date x R`~1oni2oo9 zA 4County~J 9e Approvalr Datero Vol. ~a~ Pg aD~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -1.5 10113/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingnency - Road & Bride 2,600.00 0100 56005000 67100000 DR Minor Buildin s 2,600.00 Road & Bridge To reallocate funds to allow for the erplacement of the Kathy Fleming collection site building. , ?P.ePProval ~aypate Date, 1712 _PQ Till, AW bounty'Juf Appr k'6 Date Vol. I P~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.6 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingnency - Road & Bride 6,997.45 0100 56001000 65320000 DR Equipment- Maintenance 6,997.45 Road & Bridge To reallocate funds to allow for the replacement of diesel pump at Road & Bridge. ~Departme t pr al - y "'D°ateK rK~7' Preparedo-BY Date s1',. ,10/ZI2009 ZTE! County Jntl App. owvalr~ :..ate.. l aye ~-o °t Vol. Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 1.7 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 49028000 CR Transfer from General Fund 913,000.00 4500 63000500 80289000 DR R&B Equipment 913,000.00 0100 56001000 61130000 CR Contin enc - Road & Bride 913,000.00 0100 91110000 DR Transfer to Capital Improvement Fund 913,000.00 Road & Bridge To reallocate funds to allow for the purchase of 2 (two) heavy duty 3/4 ton pick ups at $20,500.00 ea., a 953C track loader at $191,000.00, D6N LGP dozer at $221,000.00 and 2 (two) motorgraders at $230,000.00. These items were reviewed during the Capital Improvement Committee Meetings and were recommended to be purchased from R&B Contingency. IRI 15 141, .wv"ak`~.'ft.I%Pvc.. %:=a a s x.~.-- xMawmar,'7W5a4+t 'ik'kz^Y»e. ~Deparfiner E?Approvali.~,~ ~~~~~~Date~~~.yr~"~"~ Prpred.By' A ~Urf Date :M O,Bl200- atio Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 1.8 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 3,450.00 0100 21002000 80203500 DR Computer Replacement 3,450.00 General Fund Contingency and County Clerk Election Department To allocate funding for additional funds need to cover the cost of new pc's, scanner and laptop. The equipment was purchased in 2002 and is being replaced. The scanner and laptop are used for rogram ballots, scan ballots, tabulate ballots and download and reset all of the eSlate voting equipment before and after each election. x 3 1DepartmentfApp~oval~. °T)ate ~ PreparedByz-,'', ,if1, PIo/a/zMwl Date 1WE' ( art I all vol. ► a ~ Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 1.9 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc - General Fund 500.00 0100 23100100 61500000 DR Printing 500.00 General Fund Contingency and County Court at Law #2:Locke To reallocate funds for printing that should have appropriated $1,100 for the year but was inadverently reduced during the budget process. Later when discovered it was determined to wait until the first of the the fiscal year to correct. The total budget for printing will be $1,100 if this amendment is approved. aDe'partment~Approval`' ~~~~r:x ~nata~ Pre aredx8 # bate;, _,~~~a x~ ~~t'~~~o/anoos < .e.~ K ' - _"N&Hl .na e s 71 rJu" ` e A oval n Date P m Vol. L 2 ~P Pg. a~ l a• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.10 1 011 3 /20 0 9 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 325.00 0100 24401100__60500000 DR Office E ui ment 325.00 General Fund Contingency and Justice of the Peace Pct. #4: Batchelor To reallocate funds for printing that should have appropriated at $500 for the year but was inadverently reduced during the budget process. Later when discovered it was determined to wait until the first of the the fiscal year to correct. The current budget for office equipment is $175 and will be increased to $500 if this amendment is approved. ,Degartmen#~Appr.„.oval' i~ . Date, Prepared~By.~~~, J A1812 01 _ F9 ' w 'ter^~' y1~r t d Yta{as IF ' ~ -3`~y, ~3 hw iq }F~ ""'"t js '~F s~ ~A~''• gyp" ~3 voi. ~ orl- ~ Pg. a" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 1.11 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 500.00 0100 14000100 67670000 DR Printers 500.00 General Fund Contingency and Information Technology To reallocate funds for a printer for the Expo Center that should have appropriated at $500 for the year but was inadverently reduced during the budget process. Later when discovered it was determined to wait until the first of the the fiscal year to correct. Prepared By A r aWifjj Date _10Ia/2oo9 M k, g oun Jud" ~ royal= ~ '"Date SOE 1_tY Pp Vol. (a(o Pg a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.12 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 19200100 60600000 CR Office Supplies 100.00 0100 19200100 61620000 CR Suscri tions and Publications 300.00 0100 19200100 71502000 DR Rental-Facility 100.00 0100 19200100 60350000 DR Food and Food Supplements 300.00 District Attorney Crime Fund To reallocate funds to the proper accounts to allow the District Attorney to host a mandatory off-site meeting for staff to discuss office policy changes, office reorganization, position reorganizations and assisignments and changes in office procedures. iDepartmemt~AP,p~ovat_ Prepared By 4 Hl c{ A« ~M C' Date ~^~~`~:c~~t~~t~ 0/8~2oos r~+ Yt r" #uk s ! £.-a fi ~ga3~'fi*~g ` Ate, Vol. a Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -1.13 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20010000 71025000 CR Contract Services 3,500.00 0100 20010000 60620000 DR Postage 3,500.00 District Clerk: Jury Services Division To reallocate funds to the proper account to pay for postage of jury cards paid to IMS. Y ~Departtment=AgprovalV,,'~`~~~ _ Y~'Daten 'ws P[epared Date 1018120 9 Ile w .a. N. 3 kY td"g ` w" g ~ +rt- - ri~:,~.dy,TtFr C iinty~Jud xQAprov.""alc i ~sr w_ Datjq rj ~ Vol._ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 1.14 10/13/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 1,168.00 0100 30401100 51730000 DR Cell Phone Allowance 960.00 0100 30401100 53100000 DR Social Security 74.00 0100 30401100 53200000 DR Retirement 114.00 0100 30401100 53800000, DR Workers's Compensation 20.00 General Fund Contingency and Constable Pct #4: Butler To reallocate funds to provide monies for two cell phone allowances for two Deputy Constables that were approved by Commissioners Court on September 29, 2009 item #30. These two deputies are the one full time position granted and one part time that is now full time. D`e ArtmentA ro I •iDate PreparedlBy~~ f ~~J °Goun~y~Ju; 9?._.~ ova1~'„ - w ; ate ~ acs a1 ~ Vol. Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 13, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Constable Pct-4 Ortiz, Melissa Cell Phone Allowance Thomas, Adrian Cell Phone Allowance County Attorney Ballard, William Cell Phone Allowance Giles, Spencer Cell Phone Allowance Holmes, Joshua New Hire County Clerk Admin King, Betty Promotion Moehlman, Amber Promotion District Attorney Hutchinson, Vernique New Hire Swan, Misty Increase In Salary Baker, Brian Increase In Salary Brick, John Increase In Salary Comte, Kara Increase In Salary Crenshaw, Cory Increase In Salary Escue, Jessica Increase In Salary Parsons, Jarvis Increase In Salary Smith, Danny Increase In Salary Thomas, Ray Increase In Salary Exposition Complex Adams, Rance Budget Change Smith, Ronald Budget Change \ Cammack, Lonnie budget Change Dempsey, Daria New Job Title Kolbe, ClaT6ce New Job Title vol. t a pg. g - PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 13, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Information Technology Motekaitis, Bronius Termination Juvenile Services-Detention Hamston, Ronnie New Hire Taylor, Van New Hlre Road and Bridge Zdunkawicz, Patrick New Hire SO-Jail Arrendondo, Guadalupe Active Duty Bowser, Melvin Cell Phone Allowance Edwards, Shawn Cell Phone Allowance Grawl, Edward Cell Phone Allowance Guerrero, Marianna Cell Phone Allowance Holloway, Dwayne Cell Phone Allowance Moore, Wayne Cell Phone Allowance White, Carey Increase Tax Office Ramirez, Lori New Hire Approved in Commissioners' Court: October 13, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) (a~ P aAj Vol. OF T S~ ~v F N >y OF 9R BRAZOS COUNTY BRYAN,TEXAS #V Recipient Agencies for Juror Payment Donations The Commissioners Court voted in favor of listing only those agencies required by state statute to be on the form for juror payment donations, which are: The Crime Victims' Compensation Fund Brazos County Child Welfare Board If jurors wish to donate their juror payments to any other non-profit agency, they may request payment on the juror payment authorization form and then send the payment to the non-profit agency of their choice. APPROVED: l- Randy S County Judge date Office of the County Judge • 200 South Texas Ave. Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 Vol. ia~ Pg, a 20 3oo E. 26'F St., Suite 216 Brazos County Bryan TX 77803 ~a (979) 361-4230-4240 V Marc Hamlin District Clerk JUROR PAYMENT AUTHORIZATION FORM Juror Name: Summons ID: Court Date: Reimbursement Rate: Thank you for your jury service in Brazos County. Texas law entitles you to receive reimbursement for your travel and other expenses. In Brazos County, the rate is set at $6.00 for the day of Jury Selection. If you are selected to serve as a juror, you are entitled to receive $40.00 per day after the first day. Again, thank you for your jury service. Sincerely, ~GcGCZ~ Miirc Hamlin, District Clerk Please check one: ❑ I want to be paid. ❑ I do not want to be paid. ❑ I want to donate the following amount(s) as indicated below. Crime Victims' Compensation Brazos County Child Welfare Fund Board Provides service to assist victims Advocates for the protection of of crime. children from abuse and neglect. I want to donate I want to donate $ to this charity. $ to this charity. Juror's Signature Date voi. ~ a~ Pg• 2- a l A AFT 0 G ~ Dp BRAZOS COUNTY BRYAN. TEXAS BRAZOSCOUNTY RESOLUTION WHEREAS, Brazos County desires to establish a No Parking Zone on FM 974 for the health, safety and welfare of the general public; and WHEREAS, the Texas Department of Transportation agrees to erect and maintain No Parking signs within the No Parking Zone that are purchased by the County. NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that Brazos County, Texas adopts a No Parking Zone on FM 974 from the intersection of FM 2223 and FM 974 to Wilcox, and down Wilcox for 1000 Feet. BE IT FURTHER RESOLVED that Brazos County agrees to purchase No Parking signs and the Texas Department of Transportation (TXDoT) agrees to erect and maintain the signs throughout this No Parking Zone. This resolution shall be effective immediately upon adoption. PASSED AND APPROVED this Y - 3-day of 009. dy Sims A County Judge f-FPUIXCGG¢Iil.~ltl..~_.-~- Commis oner Lloyd Wassermann Commissioner Duane Peters Precinct 1 PreciAct 2 D 00 Commissioner) tyMallard; /Co"ii ssloner auley Precnc re ct 4 ATTEST: Karen McQueen, Cot m ly Clerk Vol. k -D-(-P Pg. Molufion#09-016 RELATOR: DOCUAUnoN ! r Air ,j offloas o San Allronlo . Austin . BryadCalfte Station Kerrville • The Woodlands • DallaslFt Word) • Waco Businges=r" hno logy Integration. eB8~~ ~ DOCUMANAGE RENTAL AGREEMENT CLIENT INFORMATION so TaFUU Colorer Lapel Name Cranlad Pores Im1dbllrn sib xeY Dp"al" Brazos County 272 District Court Lisa Parker ream lute sorrel Autd'aea P.O. Box 914 re ePnam s aoxisuildRMYe Taleplama 979-361-4219 Slate zip Code rammi-s FemiMles left, Bryan Tx 77803 inooMb lAddmu(ddidslrs Imnabaw) smell armll 300 E. 26th Street Suite 207 h MP 3350SPF wlflnisher $190.00 Bam Deacrl ar Aeea•twrlee Quanft 7L--- so $0.00 Monthly Quarterly 3,334 • $0.0120 0 • $0.0000 0 • - $0.0000 • 0 • $0.0000 Cq,W Empire Cma a We Sr@Wiw b haled Unless OewMme "030 d. Exrbdea Th reughpd Storks• gtoon• Enkdss Fax Suppssa • Sables. BLACK Su Ilea Included ❑ No COLOR Supplies Included ❑ No APRlBFM Na1mOl Ag alrlerlllb exalW ~n arxPP•t~ bxM. eRIFx ro?RmteRTnTrva THIS AGREEMENT CANNOT BE TERMINATED EARLY. Joe carver Tartu and Co dltans on revenue dd, other Agreed Upon Addendum(a) lmduds: A 9 C Fax email r1miffmi Brazos County na,". DOCUMAnoN Inc. ey (PIMn Alm): nd egnwn: Ths; Coun Jud a Yaks: 1 Tww. Co ;!rate Officer GUARANTY The undsrelgned uwrr"tiM EY 1011*,"Wally--WP"aomtly guarantee Pmmpt Prymem a an the OUtmnrs obgmdom. The aerator Is not nqutrd b Precaad egahbt the Custom" ur "pores proomeding mehim. WA am em "aao o Area ~rany otherdguaranlors withmt releasingg wwn from nrylors oblgstiorn. Thlelss mccaptarma, and monpdomgranted W a, Uw Gdamr"dda, ti"rebus mdfordMlpmmlasW of dm yrruYo obfiOrm Mrwnuing guaranty anty ry aM MllmnlnbaRaet In dw avsm "rrrylmo dumaMw*r$"doradbYaMtln banaMOf uyeul®waa"x:euaa"IM Rama. mw aanw all luria"etlM eel rnab relnAms•mmM u "atad In paragraph 17 on the reverse alma apply to melua ey (Plane Pdrrh: BY p'lsw Almk Dab: Slgnallrrr. D°" tilpnetlxe: DELIVERY AND ACCEPTANCE Epdpmenthesben reeelved. prrt In un, b In "braelmy. An r wms and bn s athb agrewn"dhars heenreviewed, aeowndedged and en raw barueahle "rd uamAtlMel. Tab: / aY rylean Pdd): u Do": I Vol, t---tF---- pg. 1 DOCUmaaage RENTAL MASTER AGREEMENT TERMS and CONDITIONS t.M raflMend Use Of OWIM: Rentords hostile avherend tiDe Mldarta Me'Systm'. nP<mmm~ce vath fM1ls agreemort, wltl1Y110daysoltha axpidenonumrlemiream, for Tba'Syater shell be delned.SesI hardware Ad soarer imUded crime DOCUrrenage whwwwmsm, ofthe Awoom rd, Customer wil dol"rthe System to Rentr in COW Reed AW**mwL Customer agrees to keep the System wd arodeed produces too and condtlm and raper, except for normal wear and tor. door of all limn rd dolma. Oatomr sprees that ne System and eseeddted products w11 be used solely frbusiness purposes ad rod ion consumrpurposes an personal we and that ft 11. Location r Systems: The Customer was keep the System at De locetlm specified in this Customers locabm is a business address. Aan$nWi. The Customer Must oldish Raptors writen Permisdm to mow the System. The Cuslomr was allow Rector r he agents to Inspect the System at any reasonable time 2.Raft: Mar/Hy Payments will boon m the CommoneamaMdate. ufeis srgeet to terms wherovrltisiocubd. covered Under The Sotrrere Monagemem Agreement {Vide Aden. The Customr agrees to pay Raribet o, rental payment which Includes the frrfmum base Image allowance, when M. 12 Aggign MM: THE CUSTOMER HAS NO RIGHT TO SELL. TRANSFER. ENCUMBER. The Cusemrdso agrees a pay a charge for each image in somas afore crepe aibwace. SUBLET OR ASSIGN THE SYSTEM OR THIS AGREEMENT. Rector may sag, trrclwor The rental payment and t e charge 1cr uvemges are as indicated m le tlmt peps of this assign tHSPgrom art and 0 Rertordoes, the Mw orwrwal hew the some filings ad AWe WL Ilany pomentls moves then ton days fete.the Customer agrees to pays pasty bwm"Refrhea endwR not haveepemom amyoi'R tWS'cheoehms. RerMWU ofrDb1S9WVD(MWwrlapnatr)MVWmrdusemant,bnendtomndtM retain those obtlggisms and Customer Woos net the rights of Ma m&pMe will not be subject maximum amdrt alkwood bylaw. The Custm eralso agrees to poy935 forewh check that to my claims, deform rsal the arstanr may have against the Rertr. the brtrrsbmm for Inexpedient Md$ or any mreirsini At Me entl of the ast yen of this Agreement, and moo soon KlWeagive hwNe month period termer, Remormy increase to Wmnwwdn: WARRANTY DISCLAIMER. RENTOR MAKES NO WARRANTY EXPRESS th0bes MWPWMrtandtheumaslmagn.chwgebyma Lrtndtom=ed SW The OR IMPLIED, INCLUDING THAT THE SYSTEM IS FR FOR A PARTICULAR PURPOSE OR Customers odgotlrs M pay the renal payments and Its Other obligations henundwIs THAT THE SYSTEM IS MERCHANTABLE. RELATOR TRANSFERS TO CUSTOMER ANY abi lLLe and ularM scram and u not subject to cancellalbn. renxacn, ssotor counterclaim. WRITTEN WNU ANTIES MADE BY THE VARIOUS MANUFACTURERS REPRESENTED IN THIS AGREEMENT IS NON-GNCELABLE. THIS AGREEMENT. CUSTOMER AGREES CUSTOMER HAS SELECTEDTHE SUPPLIER AND EACH ITEIA OF SYSTEM AND ASSOCIATED PRODUCTS BASEDUPON ITS OWN &ENcoseanaget CslrMrwill submit true end wourde Syslan motor readhps to Rereor JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY ORAL STATEMENTS OR for the Sysem by the Mdofthe discard work day of each hiling period In cry ran, onbe REPRESENTATIONS MADE BY RENTORS: maser mawstd by Rwta, ftWno w aMnated wlwticn eydem. If ClaemorYas to subau mabr readings. Rantrm ry edMes motors and generate sw ildrig based mpw tho 14 DO" and Remema The OUetrrarvel be n default if any of the foldowit access(I) estlmatd males reeolrya. Cuslomr does not payery amourito Rrtorwithh tan (10) days of whin Ite pure, (J) Cusomr Wades ay othr em Onto epaNnent and such breach remdmuaxaed W30 s.Te "Iftnalton Blling:This Awe madisbnd'nghpmcwwnrmeobeta deWeer Remrhunmed CSbmerolsidhmfaUt.(Itl)Cudomwerpygusrtwdos; r, mar dgns tie Agreement The Agreement is infective on the date Custrnrsipns the (N) CiSemer ray puemtion becomes lmoNef or Unable to payhs debts whin due; Delwryarid Acceptace'rEdedWe Dah'} The Mm of the Aymwnwit beam on dole, Customer stops ddry bushoss as going wmmn Customer merges. omsolUdes Or banisters deslmnmd py US a tar receipt of all required doampdagm and aocepdanm by us at onuubdantely at of ie aasats:On (v) Custamr makes an assignment free beneR rib ('OOmnen BMW Date') 80 orthmss fix ft number 01 months designated a'Temi On The redeem r volWerty, 9a Or have Red against it an sctlm under any banlouptm/proceedings. bed pigs of this Allotment. Customer agrees to pay an interim raft payment In the smart It Me Customer del!U9, Ration can take to fotdMng remedies. a)teminde this Agreement; of 180 ofae murthly.refd payment, for each day Dom and brlulip the Efedeve Dade Woe b)demanp net the Customer ley the remalrrg baianM of the Agreement and ream the the dry lxscedrmp the Cmmancemat Dole. System to Renton at the Customeet s preo: e) repossess to System or it)examise try othrmmody avaiebfe d law r aptly. M RentmL option. ve MyepcKesa the System. a. Upgrade cad DOlvnSmM Pmvl%Wc Revlon may review your "go volume and propose CuslomrwaMaa my rights Customer May have to Mtloe before RectorsrsK any of Mme ogres for upgrading onddvnpaehgto ecmnmdde your mesa. s691171.111, rrepKSSsslm In dPtlon. a DO Custom er r braa bond In connection Win My such s¢ any rmhae in the Apemaf. 9. Tape end Feu: This is a not agreement. In addition to TM, the Customer epees to pay el Rafr commae Myn msdes to Rental uclr the UCC ray othrappliceote law. Sees, raft, enhteinp costs rotated to this urge of the System, even bill after the end at the The Customer Promises to pay Rentrs reasonable attorney fees end my OW Ksadeed with Agreement. Rehr will file property tax m4am and big ft Cl+9omrIs Sore as an im'oim erdammrd of WS Ageemef. TNs aLon wig not Vold he Cusmses responsibility to nm the"girlsdIcbm Is cached: Rofrhn ths COW b es10ir6 cry feast due forte maintain and care harms System, mrwll RENTOR be liable foray aclai taken on my Ywad MI to Customarmorihly in epwmce on Mw basis of Met Klmde. TM Costar assigned patyrs b~. apses DW It Reiter pays ay lases or charges an the Customers behalf, Cffimrwill fhhbuse Renton Mai such payments and will pay Renton a es for collecting ad t0.8wIMesAOremef erect ehKU of Law. THE CUSTOMER AGREESTHATTHIS scidfstemg any lees. assesRneMd or fees and mmtllng thmto to appropriate&.bad". AGREEMENT WILL BE GOVERNEDUNDER THE APPLICABLE LAWFOR THE STATE IN. The'Custamrwil indemnity Rantoran an alehtax bads against the ass of my tax benelte WHICH RELATOR OR ASSIGNEE HAS ITS HOME OFFICE. RENTOR OR ASSIGNEE HAS anticipated At thoCommerea mof Dots arising cat of the Customers ads or oMSsiom. Any THE OPTION OF PURSUING ANY ACTION UNDER THIS AGREEMENT IN ANY COURT OF two doped user this agmeni meyncluds a pmtlt COMPETENT JURISDICTION AND THE CUSTOMER CONSENTS TO JURISDICTION AND VENUS IN THE STATE OF OUR OR OUR ASSIGNEES CHOICE. RELATOR OR ASSIGNEE 7. UCC Filing: The Customer autcdres Re,frar to assignee to sign any documents in AND CUSTOMER WAIVE THE RIGHT TO ATRIAL BY.URY IN THE EVENT OFA Mfreatlmimith the UniermCmfenial Cde('UCC) MOM CUgtomets Mines. The LAwsurr. Customer suhorlm Rafe to meant the send nmlw(s) tithe System In this Agraammt finclieng mysdeWK) ono N ay Mips. In cedar toprcted brd" In the System. It Ronewd rd Returns of System: Ater the Minimum Tom, as cleaned by the Reid Customer Warts the Rertr a umxty Interest In the System it this Agreement N darned a Agreement ad my wean extemlm thersor: this Agreement vdi admdwly renew m a seared nnsoctim and Cudmr aithomi Renton to record a UCG1 Mmdrg stdemrt or twelve (12) month basis two was Me, Cuslmr nrses Renter h mnrp not does than 90 days similar hstnmrt, and appoint Renter as is dWneyUFfrtlo meats and deliver Such Prior to the "ration of the Minimum Torre rextenslon of its intention to ahem the System. IhMmmsf In ondwto Show RStore Interest in she SYStsm. Provided the Customer has given suchlimsy notice, it and Munn the System, Irsphtancl Imuance prepaid, to Rentr in good repair concgon and working order, ordinary wain and it. CUdwid PraerJten,UWRty me Insurance: The CuserMr is responsible for my base i tsar excepi in a manrmdto alomhm melgmtdd by RMor. TheCidmermuslpy r Injury caused bytha System. The Customer prcmisesto keep the System Uly Inure any ddpmal reins due until the System is received in good working omdtion by Renbrorits agehstloss irtl DNAWemot Is paid in full andmahhn RKufmm Thal prefects Retortion agents. healers, for ay damage a etury mused by are System orle use. The Cistmerpombes to Provide Rsrdorwgh erdem of the rlKrence, showing Rancor m the ion payse for the hat 17.OthermplM: The Custamoraagprrass that Renrs delay, Mauna to exercise any rights. mplesernwaval a rthe Sysm and additional nsud air pubic Sebaty end hind perty does net rt Rarer tan ext sing than at e letr time: V my pant of this Agreement is ropedyhsu e.upmmpmst.-NCusmrfdlsepwidosusheNdenm.ge0ntmar found to be owdW.then It shall not Fwdede argot the olnrpats adtMeOreamentshae be aWeerpes Refoveobtednmemgo MUWrbehelf. Rancor shot have to right bit not the moafidto are minimum extent as permitted bylaw. Pirrleuatemsorayothartypeof oblpetm, to aWan insurance m behalf of Customer and change the Custmw for acqukkV ondomg oomnmf will not modboraMd the Agresmert. nrwhi emir such domrmart have andmairderig, le owmm Prise sevbafee. orshould wuvdsh ua to want the eylesm aped andwfp ofysewe frthe Purpose Of MntlhAnhg the Systm and amcoWd reW remef war will bill you and war will pay a monthly Property dmage surcharge of ep to services ordered bytes Customer. .00356fmsrdarpsymafstrem. VVeldhrwtion RermrmaymdmapmlL Remormay rue, dams ma edmos ineumae madrs m the Customers b0all. 10.1.C41tA Pnevelcne: Customer aWos tat Rentnrmeyme W yang all of De remedial yallable through IaY. Cusmer also waives ey and el riplda and caseates Wended fo 0. Inalmfpo Mr lmtalalion, Rener to notresponebe fen' my losaK or Injuries canced by Cuslmar under Sections 2A408 lhmgh 2AA22 of ire UCC. Se use rpmKSalmdth. 6ystm. CrslanraWSastobed RotorhamtMsand rethbuss Renterforlms wil doped RenturaWimtary cloth for Iowa anedutymmsed 19.Eflre Aonamem: TNs Agr"MKt MPMOr tetmeflm Agreement baMem Rehr and byte Sysem. TNa MdennlyoblgdlonwUcofnwaortholemlneUdndtii Agresmentlf the Custamrrepardrmgthetmndnocfba Systm.NKMrRefrnrfMCUSlomrdlba se bas r Flury ocrosed dump the larm of Ie AWeamrt. The Cuslomw epos to bond by any manmart. waiver or *ManMinge undoes agreed to In wring and signed by reimburse R~ for ad defend Rattan agehst ay claims, for lases of hymn caused by bdhpabes. sheheo System, unless Rear. losses or tnjufes ore Maud by the goes negligence r will 20, MMCELLANEOl1B: Anydhenge In any of the terms ad carmlons oftis Ranged Agnomen must been writing and stoned by Rentoc CustmftragreK,howsvr.thd Renr 10. Mdntenann and Care of Rerdeen System: TM CUSiomr agnn to hold, use and Is aunotzed. wlthou nelke a Cusimr, to Kppfy micWq trdmnelen r corned obvious Maitain to System in accordance, hen the dodarspeciimtlms ad moorly those supplim; emasln WsAgreKnmt. AfawomofCust=6eodgmWmmtis Ayemmtwhm suppled or approved yTho Dealsrwhich meetmaMadursrspedlostiom. Customer noelVed by Rantor doll be binding upoer CuitmmonK lforionalroigned. Howwar. the apfe6a to maintain Me System in good working condition. eligible forma ufecturses Agmmaf ehatl be bindbq M RKf wt n signed y RonWr, BED Cusfomermd Re tr wbeMMm, romhal aver ad ben KMptad. Melrie . provMed bythe Dealr, la ImLded agree that the V WWM of nn Agreement With Redortr original algrchrs Kel conslbts the for the Lid System. Mehemnas ncludes, and Is bntd to: pang repair or replacement ad original aWmorifalvewrebn, assopletd lebc[, mrseeim regired Klresltolnpmdwear and ear. Srpplles,mcludng MMU"u-ands and slopes are educed under otherwise, ldcaed. Wrkesuddd Wn Customers mbmaMn Taehiolooes not acted m this Agreement neludng bur not Ilmld to Samkaa, Computers. Data Files and Network a not covered y1M Rancor, and Is bleble to Cetorner. R ndki not respaeble formydmdps to Cnsmeeg hfomedm TedndogY a,;L4 Systems. Cudomere responeble for al Sofevae Agremans and Rotor is not a pay to Q MY such ficeming, bur wll Mute such solbrKa as Pd of the Rerted Agremerd. Vol. Rev: SM=009 TISPECIAL TERMS AND CONDITIONS New ideas, New Sohdkm. SPECIAL TERM AND CONDITION #1 Reference 4- a ThCustomer will be in default if the customer does not pay amounts due to Rentor within thirty (30) days of receipt of invoice. SPECIAL TERM AND CONDITION #2 Reference #15 -This agreement is governed by Texas law and venue is Brazos County, Texas. SPECIAL TERM AND CONDITION #3 Reference #15~mm -Customer does not waive trial by jury. SPECIAL TERM AND CONDITION 94 Reference #18 - Customer does not waive any rights and remediesgranted customer under Sections 2a508 through 2a522 of the UCC. FINAL ACCEPTANCE IS AT THE SOLE DISCRETION OF A DOCUmAm+ CORPORATE OFFICER. CUSTOMER DOCUMATION ACCEPTANCE x,nw DDCIJAIArro>'I OF Fmf Te=4Inc 8Y (P1.o.o PAN): 6y. 6iprea+s: SipN~R: TES: Dab: Q 1 Title: COrpOPdtiB Dtflcer vol. i a-~ Pg. a 5 RENTOR: DOCUMnnON OF EAST TEXAS, INC. ~/U14T~0 4700 Elmo N B , suite 100 T.87 73 7764o college strition, TX New Ideas, New soltnlcns. F. 979.731.0606 DOCOMANIAGE RENTAL AGREEMENT MUNICIPALITIES ADDENDUM ADDENDUM to the RENTAL AGREEMENT originally signed by Customer on with s Rental Payment of $ 1. CUSTOMER COVENANTS. Customer covenants and warrants: A. It has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and B. There is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of the Customer to make its Base Payments (as sat cut above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the existence and powers of the Customer, nor is there any basis for any such action, suit, proceeding or investigation; and C. The equipment will be operated and controlled by the Customer and will be used for essential government purposes and will be essential for the term of the Agreement. D. Customer has not previously terminated a agreement for non-appropriation, except as specifically described in a letter appended hereto. 2. NON APPROPRIATION. In the event Customer is in default under the Agreement because: A. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of Customer's obligations under the Agreement during said fiscal period. B. Such non-appropriation did not result from any act or failure to act of customer. C. Customer has exhausted all funds legally available for all payment due under the Agreement. D. There is no other legal procedure by which payment can be made to Rantor. Then, provided that Customer has given Rentor written notice of the occurrence of paragraph 1. above thirty (30) days prior to such occurrence; Rentor has received a written opinion from Customer's counsel verifying the same within ten (10) days thereafter; and the Customer does not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder, upon receipt of the equipment delivered to a location designated by Rentor, at Customer's expense, Rentor's remedies for such default shall be to tamtinate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, if any; and/or sell, dispose of, hold, use or rent the equipment as Rentor in its sole discretion may desire, without any duty to account to Customer. 3. SIGNATURES. Each signor (two if monthly payment exceeds $1,200.00) warrants that he/she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind Customer. Signor(s) for Customer further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Customer authorizing execution of the Agreement has been duly adopted and remains In full force and effect. CUSTOMER ACCEPTANCE CUSTOMER ACCEPTANCE Entity Name: eNlgr Name: By (Pies" Pdnt): By (Pleeee Pnnt): slgtaRYm: aignetum: Title: Dots: 3 Tree: ooh: VOL Manpower' STAFFING SERVICES AGREEMENT Manpower Inc., a Wisconsin, corporation with its principal office located at 100 Manpower Place, Milwaukee, Wisconsin 53212, and its Subsidiaries, as that term is defined herein ("Manpower"), and Brazos County Health Department, a City/County Health District with its principal office located at Bryan/College Station, Texas ("Client"), in consideration of the mutual covenants contained herein, agree to the terms and conditions set forth in this Staffing Services Agreement (the 'Agreement"). 1. DUTIES OF MANPOWER a. Provision of Staffing Services. Manpower will recruit, interview, screen and assign to Client Manpower employees who, in Manpower's judgment, are best qualified to perform the type of work described on Exhibit A ("Assigned Employees"). The Assigned Employees will perform the work for Client at the locations specified on Exhibit A. Manpower will provide these staffing services in - accordance with the terms of this Agreement and specifically will assume responsibility for the following: maintaining personnel and payroll records; paying, withholding and transmitting payroll taxes; making unemployment contributions; handling unemployment and workers' compensation claims involving Assigned Employees with respect to compensation that Manpower has agreed to pay; and removing any Assigned Employee at the request of Client, provided there is a valid legal reason for doing so. b. Screening. Manpower will screen the Assigned Employees based on the specific checks and tests set forth on Exhibit A, if any, the actual cost of which will be passed through to Client C. Guarantee. In the event that Client is not satisfied with the performance of any Assigned Employee, then, upon Client's request, Manpower will remove the Assigned Employee with whom Client is not satisfied from assignment, relieve Client of the obligation to pay for the number of hours specified on Exhibit A and worked by the same Assigned Employee, and use its best efforts to provide a replacement Assigned Employee as soon as practicable (the "Limited Warranty"). d. Employee Waiver. It is agreed that Assigned Employees will not be entitled to holidays, vacations, disability, insurance, pensions or retirement plans, or any other benefits offered or provided by Client to its staff employees; Manpower will require Assigned Employees to sign an employment agreement including language consistent with the foregoing, a copy of which is available upon request. - 2. DUTIES OF CLIENT a. Supervision of the Work. Notwithstanding the presence of any Manpower personnel at a facility when Assigned Employees are placed under this Agreement, Client agrees to supervise and control the work, premises, processes and systems to be performed by Assigned Employees and to review and approve the corresponding work product. Assigned Employees, specifically RN's and LVN's must perform duties under the supervision of a medical doctor employed by Client. In addition, Client will control the development, quality and implementation of the work product and any claims or liabilities arising from the work product. In the event Client is dissatisfied with the work product produced in whole or in part by any Assigned Employee, Client may request, and its sole remedy will be, the removal of such Assigned Employee in accordance with Section 1(c). - b. Reassignment. Client will not make substantial changes in any Assigned Employee's job duties or risks without Manpower's prior written approval. Client's breach of this duty may expose Manpower to substantial additional risk not contemplated by Manpower when entering into this Agreement. C. Use of Vehicles. Client will not request or permit any Assigned Employee to use any vehicle, regardless of ownership, in connection with the performance of work for Client, other than as is strictly required by the job description provided to Manpower. d. Valuables. Client will not entrust any Assigned Employee with unattended premises or valuables such as cash, negotiable instruments, keys, merchandise and confidential or trade secret information, other than as is strictly required by the job description provided to Manpower. e. Client Benefits. Client will not offer or promise any Assigned Employee increased compensation or benefits under any Client-provided plan and Client will exclude Assigned Employees from any Client-provided plan whenever possible. f. Provision of Equipment and Supplies. Client shall provide all Assigned Employees with all equipment, facilities and supplies reasonably necessary for them to perform their duties hereunder. g. Client-specific Training. Client shall train Assigned Employees with regard to all Client policies and procedures that may be adopted or implemented from time to time which, in Client's judgment, will allow Assigned Employees to successfully perform their specific job duties. h. Notification of Complaints and Incidents. Client agrees to immediately inform Manpower of all formal and informal complaints, allegations or incidents of any Assigned Employee misconduct or workplace safety violation of which it becomes aware, regardless of the source, including, but not limited to, allegations of sexual harassment, discrimination, violations of the Occupational Safety and Health Act, violations of the Health Insurance Portability and Accountability Act or threats of violence. To the extent commercially reasonable, Client shall provide a complete and acourate disclosure of all circumstances surrounding such matters. Vol. a pg" a a 1 Rev. 02/2312006 Page 1 of 5 3. MUTUAL DUTIES a. Quarterly Review Meetings. Senior-level employees or officers of both parties will meet at least as frequently as quarterly to discuss the performance of the Agreement. b. Permits and Licenses. Manpower wilt maintain in effect during the term of this Agreement any and all federal, state and/or local licenses and permits which may be required of staffing employers generally. Client will maintain at its expense such licenses and permits as may be required by applicable authorities in order to engage in Client's business, and if Manpower is requested to obtain these types of permits and/or licenses on behalf of Client, the cost thereof will be billed to Client. C. Cooperation. The parties agree to cooperate fully and to provide assistance to each other in the investigation and resolution of any complaints, claims, actions or proceedings which may be brought by or involve any Assigned Employee. d. Notification of Accidents. Manpower will provide workers' compensation insurance coverage for Assigned Employees (except that Manpower's workers' compensation liability may be limited as provided in Section 6). The parties agree to immediately notify each other of any injury or accident occurring while Assigned Employees are performing work for Client and any claim for workers' compensation benefits involving Assigned Employees. e. Safety and OSHA Compliance. Client will provide all Assigned Employees with a safe worksite and will provide information, -training and safety equipment with respect to any hazardous substances or conditions to which Assigned Employees may be exposed at the worksite, whether or not required by law. Without limiting the generality of the foregoing, because Client controls the facilities in which Assigned Employees work, it is agreed that Client is primarily responsible for compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to Assigned Employees assigned to Client's facilities. Manpower will, at the request of Client, instruct its employees on general safety matters in accordance with information provided to Manpower by Client f. Confidentiality. Both parties acknowledge that they may receive information which is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing hereunder or as required by law, Manpower will require Assigned Employees to sign an employment agreement including language consistent with the foregoing, a copy of which is available upon request. 4. PAYMENT a. Payment. Client agrees to pay Manpower for its performance hereunder at the rates set forth on Exhibit A and also agrees to pay any additional costs or fees set forth in this Agreement. Manpower will invoice Client weekly at the address set forth above. Payment will be due within thirty (30) days receipt of Invoice. Amounts invoiced for work performed by Assigned Employees will be calculated on the basis of hours shown on Manpower time slips. Client or Client's designated representative will approve Manpower time slips, certifying that the hours shown are correct and authorizing Manpower to bill Client for the hours worked by the named Assigned Employee. If Client or Client's designated representative are unwilling or unavailable to approve time slips, Manpower is authorized to approve such time slips and such signed time slips will be conclusive as to the number of compensable hours worked by each Assigned Employee for that workweek. In the event a portion of any invoice is disputed, the undisputed portion will be paid and the dispute shall be resolved in accordance with Section 10(m). Client agrees that it will not request or require that Assigned Employees work any hours not recorded on the time slip. b. Additional Payment Terms (1) Rate Increases. If Manpower is required to increase wage and/or payroll burden costs at any time during the term of this Agreement as the direct result of any determination, order or action by any applicable federal, state or local governmental authority or third-party insurer, Client will reimburse Manpower at cost for any such increase. In addition, Client agrees to notify Manpower immediately whenever any Assigned Employee performs any work under a government contract, to comply with the Service Contract Act of 1965 and to pay to Manpower the price differential due to any wage determinations under any government contract. (2) Payment for Overtime. The pricing provided in Exhibit A does not contemplate non-exempt Assigned Employees (as "non- exempt employee' is defined in the Fair Labor Standards Act or relevant state law) working overtime. If such Assigned Employees work more than forty (40) hours in any one work week, Manpower will be paid for the additional hours at a rate of one and one-half times the Assigned Employee's straight-time bill rate. The overtime rate will also apply, when required by a government contract or applicable law or regulation, for work in excess of eight (8) hours in anyone day. In jurisdictions in which other overtime or double-time obligations are imposed by statute or regulation, Manpower will bill at the bill rate for overtime that Manpower must pay its employees. Hours, if any, required to be paid at premium rates will be included on time slips and approved in accordance with Section 4(a) above. (3) Sales Tax. Any sales, use, excise or other such tax levied as a result of performance hereunder will be paid by Client. If Client claims tax-exempt status, Client shall provide Manpower with tax-exemption certificates prior to the start of any Assigned Employee. C. No Payroll Transfer. Client agrees not to reuse or permit any Assigned Employee. to transfer to another entity's payroll, or to perform services for Client while on the payroll of any person or firm other than Manpower, during the term of this Agreement and for a period of ninety (90) days after such Assigned Employee's assignment at Client ends.. If Client violates this Section, then Client will pay to Manpower a fee in the amount set forth on Exhibit A. 5. TERM AND TERMINATION Vol. Pg, Rev. 0612812006 Page 2 of 5 a. Term- This Agreement will be for a tens of one (1) year from the effective date of this Agreement, determined by the later date of signature of the parties, and may be renewed upon the mutual agreement of the parties. b. Termination for Convenience. Either party may terminate this Agreement for any reason upon thirty (30) days' written notice to the other party. c. Termination for Cause. Notwithstanding any other provision of this Agreement, either party may terminate this agreement immediately in the event the other party declares or becomes bankrupt or insolvent, dissolves or discontinues operations, or fails to make any payments within the time periods specified in this Agreement. d. Effect of Termination. Upon termination of this Agreement, Manpower will promptly provide an invoice to Client for all fees incurred by Client under this Agreement. Client will pay all amounts set forth on the invoice within thirty (30) days of receipt. e. Client Options upon Termination. Notwithstanding any other provision of this Agreement, if Client terminates this Agreement but desires to have Assigned Employees continue to work at Client's facilities, Client may elect one of the following two options on or before the effective termination date: (1) to pay Manpower no later than ten (10) days after the effective termination date the conversion fee set forth on Exhibit A for each Assigned Employee then assigned to Client, with the understanding that such Assigned Employee will be engaged by Client as an independent contractor, hired directly by Client, or transferred to or placed on the payroll of any other firm or person and who continues to perform services for Client or at Client's facilities; or (2) upon Manpower's written consent, to continue to pay Manpower in accordance with the payment procedures in Section 4 for such Assigned Employee's services at Manpower's billing rate in effect at the time of the termination for any services performed - by such Assigned Employee for a one-year period following the cancellation of this Agreement. 6. INDEMNIFICATION AND LIMITATION OF LIABILITY Manpower shall defend, indemnify and save harmless the Client 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, to the extent caused by the negligence, gross negligence, recklessness or willful misconduct of Manpower or itsemployees or on account of any act of omission of the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the Manpower under and by virtue of its contract as shall be considered necessary by the Client may be retained for the use of the Client, or in case no money is due, its 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 Client To the extent permitted by law, Client agrees to defend, indemnify and hold Manpower and its parent, subsidiaries, directors, officers, agents, representatives and employees ("Manpower Indemnitees") harmless against any and all claims, losses and liabilities to the extent caused by the negligence, gross negligence, recklessness or willful misconduct of Client or Client's officers, employees or authorized agents or by Client's breach of this Agreement and further agrees, notwithstanding any indemnification obligation under subsection (a) above, to defend, indemnify and hold any Manpower Indemnitee harmless against any and all claims, losses and liabilities including any incidental, consequential, exemplary, special or punitive damages, including lost profit, regardless of how characterized, that arise from (1) infringement of any intellectual property right, except with respect to any intellectual property owned and independently developed by Manpower, or (2) the acts or omissions of any Assigned Employee taken at Client's direction or Client's failure to supervise Assigned Employees in accordance with its obligations under Section 2(a). UNLESS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE FOR OR REQUIRED TO INDEMNIFY THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REGARDLESS OF HOW CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM THE PERFORMANCE OF THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). 7. INSURANCE a. Extent of Coverage Provided to Client. With the exception of workers' compensation coverage, under which Client and Manpower are co-employers pursuant to Texas labor code § 406.001 et. seq., the insurance described in this Section is solely for the benefit of Manpower and Manpower has the sole right to use such insurance. Manpower has the following insurance coverages in place: (1) Manpower's Workers' Compensation Insurance will have statutory limits and its Employers Liability Insurance will have limits of at least $500,000 for each accident or disease. (2) Manpower's Comprehensive General Liability and Property Damage Insurance, including coverage for products and completed operations, will have limits of at least $2,000,000 for each occurrence. (3) Manpower's Excess Automobile Liability Insurance, covering any non-owned automobiles will have limits of at least $1,000,000 for each occurrence. This coverage shall apply only to Assigned Employees who operate non-Client vehicles. (4) Manpower's Umbrella Coverage will have limits of at least $20,000,000- per occurrence and shall follow the forms of the underlying insurance policies. (5) Medical Professional Liability Insurance will have a minimum limit of $500;000. b. Certificates of Insurance Provided to Client. Within a reasonable time after the execution of this Agreement by Manpower and upon each policy renewal thereafter during the term of this Agreement, Manpower will deliver to Client copies of all certificates of insurance. vol. l a 4 Pg. 2-2 Rev. 0612812006 Page 3 of 5 All such certificates will be executed by authorized representatives of the insurers. Manpower will maintain all such insurance policies in full force and effect at all times during the performance of this Agreement. C. Insurance of Manpower Subcontractors. Manpower will require all its secondary vendors to carry, at a minimum, Workers' Compensation Insurance as required by the states in which they operate, a Fidelity Bond policy or Dishonesty policy with limits of at least $1,000,000 per occurrence, and a Comprehensive General Liability and Property Damage policy with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, and an Excess or Umbrella policy with limits of at least $2,000,000 per occurrence, in addition to any other insurances required by Manpower. In the event that Client requires Manpower to use a designated subcontractor, Manpower shall not be responsible for any liability that exceeds the insurance limits set forth in this Section 7(c); any such liability shall be the sole responsibility of Client and/or its designated subcontractors. 8. ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT a. Any discoveries, inventions, concepts or Ideas (including improvements and modifications thereto) made or conceived solely or jointly with others by any Assigned Employee in connection with work to be performed hereunder will be the property of Client as "work made for hire" to the extent provided by sections 101 and 201(b) of the Copyright Act, 17 U.S.C. 101, at seq. To the extent any discovery, invention, concept or idea will be determined not to be a 'work made for hire," Manpower hereby assigns, and agrees to assign, to Client, all right, title and interest in such discovery, invention, concept or idea, including the copyright therein. Client will have the right to file and prosecute, at its own expense, all patent applications, whether _U.S. or foreign, on said discoveries, inventions, concepts or ideas. - b. At the expense of Client, Manpower will provide to Client or, to the extent of its ability to do so, require Assigned Employees to provide to Client all documents, information and assistance requested to establish or enforce its rights hereunder. Manpower will require Assigned Employees to sign an employment agreement including language consistent with the foregoing, a copy of which is available upon request 9. LIMITED WARRANTY a. Limited Warranty. Manpower provides staffing services as described in Section 1(a) above and not the work product or deliverables created by its Assigned Employees. The Limited Warranty described in Section 1(c) above shall be Manpowers sole obligation to Client and Client's exclusive remedy with respect to any nonconformity of or defect or deficiency in services or work furnished to Client. b. Disclaimer. THE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL, OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WRITTEN, ORAL OR IMPLIED; AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 10. MISCELLANEOUS a. Survival of Certain Provisions. Except as expressly set forth herein, those provisions of this Agreement which by their terms extend beyond the termination or non-renewal of this Agreement will remain in full force and effect and survive such termination or non- renewal. b. Severability. Each provision of this Agreement will be considered severable such that If any one provision or clause conflicts with or may not be given full effect because of existing or future applicable law, this will not affect any other provision which can be given effect without the conflicting provision or clause. C. Entire Agreement and Amendment. This Agreement and the Exhibits attached hereto contain the entire understanding between the parties hereto, and supersede all prior agreements and understandings relating to the subject matter hereof. No provision of this Agreement may be amended or waived unless such amendment or waiver Is agreed to in writing signed by both parties. d. Headings. The headings of the Sections of this Agreement are inserted solely for the convenience of reference. The headings will in no way define, limit, extend or aid in the construction of the scope, extent or intent of this Agreement e. Waive . The failure of a party to enforce the provisions of this Agreement will not be construed as a waiver of any provision or the right of such party thereafter to enforce any provision of this Agreement. f. Transferability. Client nor Manpower will transfer or assign this Agreement without the other party's written consent. g. Subcontracting and Service by Franchises. Manpower franchises may perform a part of Manpower's obligations hereunder. h. Ambiguities. The rule of construction that ambiguities in an agreement are to be construed against the drafter will not be invoked or applied in any dispute regarding the meaning or interpretation of any provision of this Agreement L Countemarts. The parties may execute this Agreement in any number of duplicate originals, each of which constitutes an original, and all of which, collectively, constitute only one agreement The signature of all the parties need not appear on the same counterpart, and delivery of an executed counterpart signature page is as effective as executing and delivering this Agreement in the presence of the other parties to this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile shall also deliver a manually executed counterpart of this Agreement, but the failure to do so does not affect the validity, enforceability or binding effect of this Agreement. j. Independent Contractor. Nothing contained in this Agreement will be construed to create the relationship of principal and agent, or employer and employee, between Manpower and Client. Vol. L a ~e Pg. d- 3 D Rev. 06/2812006 Page 4 of 5 k. Notices. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement and, in the case of Manpower, sent to the attention of its Manager of Contract Administration. 1. Force Maieure. Neither party will be responsible for failure or delay in performance hereunder if the failure or delay is due to labor disputes, strikes (including but not limited to strikes of Client and/or Manpower), fire, riot, war, terrorism, pandemic, acts of God or any other causes beyond the control of the non-performing party. m. Mediation and Arbitration. Mediation. Any claim dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of Manpower's services, or a disputed and unpaid sum for such services, Manpower may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The County and Manpower shall endeavor to resolve daims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the applicable Commercial Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the National Mediation Academy of Texas. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. n. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without reference to any conflicts of law principles thereof., o. Definition of Subsidiaries. The Subsidiaries include the following entities: Manpower International Inc., Complete Business Services of Illinois, Inc., Tit County Business Services, Inc., Manpower Professional Services, Inc., USCADEN corporation, Manpower of Texas Limited Partnership, Manpower of Indiana Limited Partnership, Manpower Incorporated of New York and Signature Graphics of Milwaukee, LLC. 11. Governmental Immunity. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Brazos County and its agencies has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. IN WITNESS WHEREOF, this Agreement has been duly executed by authorized signatories of Manpower and Client on the dates set forth below. Brazos CountyHealth Depa I MANPOWER.INC. ('CLIENT") - Signature Signature IZQrQ( f i Printed Name Linda Gamsky i; fA n t~Ot~ Corporate Law Paralegal Title 11 (062l~s fo--~-~ Date Date Vol. li Pg. Rev. 0612612006 Page 5 of 5 EXHIBIT A JOB DESCRIPTIONS AND LOCATIONS ;~Jo rt7itte:. Via' ~,L~gcat4o; . RN Central Texas Region LVN Central Texas Region SERVICES RATES JTi}le,fSt~ai htTame13i11;Rafe RN $37.43 LVN $22.46 - ADDITIONAL BACKGROUND CHECKS AND TESTING IF NEEDED ec 7 es - 'S "e5iflc,Re yi , m' of H f.An Criminal Record Check National records search $15.00 per Associate. Drug Tests 5 panel Rapid test $20.00 Der Associate. GUARANTEE In the event that Manpower removes an Assigned Employee pursuant to Section 1(c), Client will be, relieved of the obligation to pay for the first four hours of work performed by that Assigned Employee. CONVERSION AND DIRECT HIRE FEES 1. Conversion during Term of Agreement In the event Client hires as an employee or engages as an independent contractor any Assigned Employee during the term of this Agreement before such Assigned Employee has worked at Client's facilities for at least 180 days in any one calendar year. 2. Conversion upon Termination of Agreement Manpower will receive a flat, one-time placement fee in the amount of $8500.00 for every Assigned Employee Client hires as an employee or engages as an independent contractor upon termination of this Agreement. 3. Direct Hire The fee payable to Manpower for recruitment of a direct hire candidate is calculated based on the compensation to be paid to the candidate during the first (twelve) 12 months of hire plus all applicable taxes. Compensation includes base gross salary, gross - compensation for services, fees, wages, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, incentive bonuses and all other payments to be made to the candidate for the first year of employment. Where Client provides a company car, the monetary value will be added to the salary. - Weeks Days Hours Fee percentage 0-4 0-30 0-173 20% 4-8 - 30-60 173-346 15% 8-12 60-90 346-520 10% After 12 After 90 After 520 0% All applicable taxes will be charged on any applicable fee accordingly, unless Client has tax-exempt status in accordance with Section 4(b)(3) of the Agreement. In all such instances of conversion or direct hire, Manpower makes no warranties regarding any Assigned Employee's or candidate's fitness for employment and any such warranties, including but not limited to the Guarantee above, whether express or implied, are void. Further, Client agrees that any decision to hire any Assigned Employee or candidate is wholly based on Client's own evaluation of the Assigned Employee's or candidate's suitability for hire under its own hiring process. Notwithstanding anything to the contrary herein, Client shall indemnify, defend and hold harmless Manpower for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by Manpower relating to any Assigned Employee's or candidate's employment or denial of employment or arising from any act or omission of any Assigned Employee or candidate after the date the Assigned Employee or candidate becomes an employee of Client. PENALTY FOR PAYROLL TRANSFER If Client causes or permits any Assigned Employee to transfer to another entity's payroll, or to perform services for Client while on the payroll of any person or firm other than Manpower, during the term of this Agreement and for a period of ninety (90) days after such Assigned Employee's assignment at Client ends, then Client will pay to Manpower a fee in the amount of 10% of the Assigned Employee's annualized compensation. vol. I ,a Pao 2 Brazos County Purchasing Department 200 SOUM TEXAS AVE SMTE 352 BRYAN, TX 77963 PRONE (979) 3614290 FAR (979) 361-4293 Pat Howard, Parehasiag Agent 1.rslie Williams, Senior Buyer Charles Wendt, Asst. Purchasing Ageat Amanda Rutledge, Buyer Contract Term: October 1, 2009- September 30, 2010 Brazos County is soliciting quotations for an Annual Contract for inspection and maintenance of smoke detectors and fire alarm panels at various Brazos County locations listed below. Price quoted must be for a one (1) year period, with an option for renewal for two (2) additional one (1) year periods. To arrange a visual inspection of locations, or for technical questions, please call the Maintenance Director Carlos Guition at 361-4460. For all other questions, please call Leslie Williams, Brazos County Purchasing at 361-4294. SPECIFICATIONS, Smoke Detectors and Fire Pancls: inspect all Smoke Detectors quarterly • Run Sensitivity Test of Smoke Detector Bi-Annually - Due in 2010 • Test and calibrate alarm sensors, such as flame and smoke detectors, per manufacturer specifications. • Simulate inputs and test the annunciators. • Coordinate with fire department to test the input to their system. Test pull stations, • Check the battery for corrosion and expiration date, and then take appropriate action, if necessary including replacement. • Test duct detectors • Check horn and strobe • Check purge fans • Inspections to be performed quarterly whag indicating date of inspection a Inspections must be performed to the standards of the NFPA Jail Standards, section NOTE: System operation. A teat of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verW that, upon activation of a smoke detector, crater flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically, commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all effected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicted upon nil input and output devices performing as indicatnd by the "cause and effect" chart Exhibit "A" Page 1 of 3 vol. loZ(2 pg x,33 NOTE: Inspections, Maintenance, Testing' AD We safety equipment shall be inspected maintained and tested by persons qualified to do so (whether under vendor contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times. LOCATIONS: 1. Brazos County Jail, Brazos County Courthouse, Bryan 2. Brazos County Detention Facility, Sandy Point Road, Bryan 3. Brazos County Juvenile Detention Facility, Highway 21W, Bryan 4. Brazos County Low Risk Facility, Sandy Point Road, Bryan Successful bidder must provide evidence of Workers' Compensation and General Liability Insurance prior to award. (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. Waiver of Subrogation is required. (2) Commercial General Liability Insurance with a S 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1486/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as on additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self-propelled vehicles used in connection with the contract, whether owned, non-owned or hired. Waiver of subrogation is required Successful bidder must agree to the attached addenda, Please till out below and fax quotes to my attention at 361-4293 or email to IwJUiams a(,,eo.br*zos.t%.us, or mail by 5:00 P.M., Friday September 18, 2009. You mast an ont the attached "Solicitation for Quotes" form on page 3. "Solicitation for Quotes" form most be signed by an authorized representative of the vendor. p Thank you, Leslie Williams, Senior Buyer Brazos County Exhibit "A" Page 2 of 3 l a-~e a.3 Vol. _ Pg. Brazos County Purchasing Department 300 BAST 2678 STREET SUM 117 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 Pat Howard, Purnhasing Agent Leave Williams, Senior Buyer Charles Wendt, Asst. Parehasing Agent Amanda Rutledge, Buyer Solicitation of Quotes Brazos County- Brazos County- Brazos County- Brazos County- Courthouse Jail Detention Juvenile Minimum Facility Detention Security Facility Cost for Quarterly v0 ~ hf~ !7~ Inspections I DO t /l J - Cost for Yearly p.,p 0 d.gl Ob Inspections . . -3 011 Cost for Bi- yearly It Inspections I d DOd 0 0 0. 0 I Q Ulm) Total Cost Op $ v J r Ov 1 C •C/ tl~ -4 6 Signature of Authorized Representative.: The undersigned affirms that they are duly au orized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable ofpeirfomting the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and conditions contained in this document and agrees to be held to them for tho tcrm of this contract. Exhibit "A" Page 3 of 3 a ce vol. l Pg 3 S Brazos County Purchasing Department 200 & TX. AVE., SUITE 352 BRYAN, TX 77903 PHONE (919) 361-4269 FAX (979) 361-4293 ANNUAL SERVICE CONTRACT Smoke Detector/k'ire Panel Inspection GENERAL REOUIRUff FO CONTRACT l as a duly authorized representative of willingly attest to perform (or deliver) Smoke Detector and. Fire Panel Inspection f6r Brazos County for the period of October 1, 2009 through September 30, 2004 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, Sbould 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. SERVICES PROVIDED The County hereby agrees to engage the Contractor to provide the County with services each week consisting of the specifications and prices attached in Exhibit "A" attached hereto. RXPORTS The Contractor must submit to the Building Manager a computerized inspection report for each building at the completion of its inspection. The report must be on a computer disk along with a hard copy. The Building Manager will advise the Contractor on the format to be used, such as Microsoft Word or Excel. The report must be titled fire alarm system inspection report, dated and have the building name, the date the inspection was completed, device type, manufacturer, address and any comments. The Building Manager may provide the Contractor with an initial list of all devices, broken down by building as a Microsoft Word or Excel document. ACCESS The Contractor must inspect fire alarm devices located in secured or restricted access areas, including mechanical areas. The Contractor roust coordinate inspections with the appropriate Building Manager: The Contractor must notify the Building Manages of any missed or access -1- a pg. Vol. related difficulties to fire alarm devices immediately and ensure that the missed devices are inspected after access is given. INSPECTIONS The Contractor must complete each building inspection before moving on to another building. SAFETY The Contractor must initiate, maintain and supervise all safety precautions and programs in connection with its work. The Contractor must take all reasonable precautions for safety and must provide reasonable protection to prevent damage, injury or loss to all employees assigned to work on CONTRACTOR premises and all other persons who may be affected. The Contractor must exercise care in all work, materials, and equipment to be used, on or off the site, under its care, custody or control. CONTRACT OBLIGATION Brazos County Corarnissioners 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 Stazos 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 entimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. 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 I (one) year period if approved by Commissioner's Court and Vendor BOLT) .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 property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be 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 end 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 cimor produce a Brazos County Purchase Order. Offerors shall submit co original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, -2-' Vol, 1 a pg. 0-3-7 which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the vandor. 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 covtmet. 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 PricingMelivery Information firm- 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 ttansportafion, 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 indicati 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. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from 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. ADDITIONIMODIFICATION OF LOCATIONS OR SERVICES The county reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of now properties. In the event that the County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the Pest Control Services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. Calculating the cost per square foot for the existing service and applying it to the areas subject to adjustment may be used to determine incremental adjustments in cost due to expansions or contractions of existing facilities. In the event the areas added or subtracted are not comparable in service need to the existing areas covered under the agreement an appropriate adjustment may be made with the approval of the Commissioner's Court. In the event the County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. -3- a3~ Vol.__ C~ pg., TERMINATION OF PARTICULAR LOCATIONS In the event the County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is so terminated. All remaining portions of the contract will remain intact. The County will endeavor to give the Contractor written notice of such Termination of locations a minimum of thirty (30) days in advance. GOVERNING FORMS In the event of any conflict between the terms 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. In the event of a conflict between the terms, conditions, provisions, and. specifications of this document and any other terms, conditions, provisions, and specifications provided by the vendor; the terms of this document shall supersede- GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of the County purchasing Act, Texas Local Government Code, §262.021 el seq., as amended. Offerots sball comply with all applicable federal, state and local laws and regulations. Offeror is further 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 Texasand the County.Attorney concerting acid portion of these requirements. DISQUALIF'ICA'TION 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 direotly or indirectly the bid made to, any competitor or any other person engaged in such Be of busincss. 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 from submitting multiple bids for different products or services. SEVERABTLITY 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. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning first only the best commercial practice is to prevail and that only material and worlartanship 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 -4- Vol. 2 Pg• °t 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. 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 limitixi to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos CouW 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. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor/Vendor, 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 AAg {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 E )overs 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. 401.0.1 1) (2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1486/90 occurrence form, and shall include coverage for acts of independent contractors, and stall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without wig approval by the Commissioners CourVgisk Management. (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self-propelled vehicles used in connection with the contract, whether owned, non-owned or hired. Waiver of subrogation is required. 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 INDEMNI.FICATLON 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 from the said Contractor or. his employees or by or in consequence of any negligence in safeguarding the work, or through the use of -5- Vol. I a ~e Pg. 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 ease 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 County. Contractor shall defend, indemnify and save barmless the County, its officers, agents and employees in accordance with this indernnification 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 agrees to all rst -and specifications of this contract Signed By: ` Title: Typed Name: r~ g ~l Q~iT l 1~ Company Name: A Phone No 0 7 Mailing Address: P, O. Box or 3 t` J City/- State Zip I "7 a "F Employer Identification Number: n Social Security Number: Apprw Co us' ner's Coo on this 13 day of CL? G 009 by holding the position of &4 -6- Vol. pg It/V MONTH TO MONTH EXTENSION OF AND MODIFICATION TO MEDICAL SERVICES PROVIDER AGREEMENT WHEREAS, on October 1, 2008, Brazos County and the Brazos County Juvenile Services and Dr. Rany Cherian entered into a Service Provider Contract with a service term of October 1, 2008 through September 30, 2009, whereby Doctor Cherian agreed to provide medical services to juvenile inmates at the Brazos County Juvenile Detention Center; WHEREAS, this Contract has an expiration date of September 30, 2009; and WHEREAS, the parties are still in negotiations relative to the terms and conditions of a Contract for the next fiscal year beginning October 1, 2009; and WHEREAS, the County and Dr. Cherian wish to enter into an Extension of the Contract during such negotiations; NOW, THEREFORE, in consideration of the mutual benefits derived hereunder, the parties agree as follows: I. The Contract is hereby extended on a month-to-month basis. 2. The Contract shall be extended on the same terms and conditions as currently stated in the Contract except as follows: Article IV, entitled "Insurance" and Article V, entitled "Indemnity" are deleted in their entirety. 3. The County agrees to pay Dr. Cherian the amount of $1,000 each month services are provided during the existence of this Extension and Modification Agreement; 4. In all other respects, the Contract is hereby confirmed, affirmed and ratified. SERVICE PROVIDER 4co LL "c Rany efiGnan, M.D. Date BRAZOS UNT E Dti Randy Sims, ounty Judge Date Vol. l a CQ Pg CONTRACT FOR MEDICAL SERVICES Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr. Rany Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in Brazos County, Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual promises set forth below have agreed as follows: ARTICLE I JUVENILE SERVICES 1.01 Scope of Services The Service Provider upon referral from the Brazos Comity Juvenile Services (hereinafter referred to as "Juvenile Services") shall treat juvenile inmates, (hereinafter referred to as "Detainees"), that are located in the Brazos County Juvenile Detention Center (hereinafter referred to as "Detention"). Services are to include consultation with detention licensed vocational nurse (herein after referred to as "LVN") and juvenile probation officers (herein after referred to as "JPO") on duty in Detention. Consultation may be by phone or on site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action. Also, the Service Provider will provide physical examinations and prescribe medication prescriptions as requested or deemed medically prudent, to be conducted at the Juvenile Detention Center, for children being placed in the Juvenile Boot Camp or contract placement facilities. 1.02 Procedure: JPO and LVN will routinely on a daily basis handle medical sick call in Detention except when it is beyond their expertise. When medical concerns of Detainees is beyond the ability of L VN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in both the opinions of the JPO in charge and the LVN, on site medical consultation will be requested of Service Provider. 1.03 Additional Services: Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article II herein, include diagnostic testing, extended long term medical treatment programs requiring more than minor intervention, testing at the Service Provider's clinics, x-rays, lab work or emergency medical treatment in an emergency room. 1.04 Reporting Responsibilities: Phone consultation will be documented by JPO/LVN in Detainees' medical file. On site consultation will require Service Provider to provide case notes in Detainees' medical file. The Service Provider will inform JPO or LVN during consultation of the need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate in writing with Juvenile Services, the Detainee's need for follow-up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the Detainee's medical file. I o}7 VOL. a~ P~'---- ARTICLE II FEES 2.01 Professional Fees: For the services outlined in Paragraph 1.01, the County will pay the Service Provider Seven Hundred and Fifty Dollars ($750.00), each month services are provided with a minimum of 50 consultations to occur within a given month, This Contract shall be from October 1, 2008 through September 30, 2009. Charges outside-of-Detention treatment of Detainees, as appropriate, at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an Detainee at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical -,exams of Detainees, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. 2.02 Billing- The Service Provider will submit an invoice monthly, within 15 days of the end of each contract month. The Service Provider will bill the County using a standard Invoice for Services for the monthly flat rate fee. For services not covered by the Service Provider's flat fee, the Service Provider will invoice the County using a standard Invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended Total, at prevailing prices, which shall also be stated on the bill. The County shall pay for services monthly. The Service Provider will not be responsible for invoicing nor handling any but the related paperwork needed for the orders for such independent laboratory or diagnostic tests as part of this agreement. ARTICLE III ADNIINISTRATION OF CONTRACT 3.01 Transportation: If the Service Provider has assessed that a Detainee needs to be relocated from Detention for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Superintendent of Detention or Director of Juvenile Services, as appropriate, so that immediate action can be taken. The Juvenile Services, as appropriate, shall be responsible for initiating any paperwork which may be needed to re-locate or transport the inmate for such treatment and for the transportation to an appropriate facility. 3.02 Access to Files: Once a Detainee has been referred to the Service Provider, the Service Provider will be allowed to have access to that Detainee's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by JPO and LVN to access a Detainee's medical history and potential medical concerns, if such records are not part of a Detainee's personal or medical file. A written request for such access is not required to be filed with the Juvenile Services, as appropriate. Under ordinary circumstances, presenting an inmate or Detainee for medical treatment will be evidence of the authority for access of such records by the Service Provider. 2of7 VOI. pg---- 3.03 Support: While on-site, the JPO or LVN shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. 3.04 Patient Acceptance: The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this contract. 3.05 Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as Department administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 3.06 Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191,45 CFR Parts 160,162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. ARTICLE IV INSURANCE 4.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage that Juvenile Services or Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. ARTICLE V INDEMNITY 5.01 The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 3of7 VOL a= P$ ARTICLE VI INDEPENDENT CONTRACTOR 6.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all, materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 6.02 Juvenile Services assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Juvenile Services and Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of contract of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of Juvenile Services. 6.03 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Juvenile Services. In emergencies, the Service Provider will request approval in writing within at least (24) twenty- four hours of the use of a subcontractor to fulfill any obligations of this Agreement. ARTICLE VII LICENSING 7.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. ARTICLE VIII DEFAULT 8.01 Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. 4of7 4 e von. D-k pg. a Upon an event of default, the County may terminate this Contract on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. ARTICLE IX MAINTENANCE AND ACCESSIBILITY OF RECORDS The Service Provider shall maintain for a minimum of five (5) years from the later of the date of final payment under this Agreement, or the expiration of this Agreement, adequate books, records and supporting documents to comply with state and local laws. The Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized Juvenile Services representatives, auditors, and any other person as may be authorized by the Juvenile Services, Brazos County, the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the Juvenile Services and the County for the recovery of any funds paid by Juvenile Services, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support . disbursement. ARTICLE X CONFIDENTIALITY The Service Provider shall comply with applicable County, State and Federal statutes and/or regulations, State and federal regulations and Juvenile Services administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. ARTICLE XI RIGHT OF AUDIT AND MONITORING Juvenile Services shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review and Agreement compliance Juvenile Services may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. 5of7 )L 4 -7 Vol. l pg------ ARTICLE XII GENERAL PROVISIONS 9.01 Venue: The venue of this contract is Brazos County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 9.02 Termination: This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non- terminating party at the addresses listed below. Juvenile Services may terminate this Agreement immediately in the event the Service Provider substantially or materially breaches the Agreement. The Service Provider shall be paid for work satisfactorily completed prior to the date of termination. 9.03 Term: The term of this contract will be for twelve (12) months beginning October 1, 2008 and shall terminate on September 30, 2009. The parties are hereby given one (1) option to renew this contract for a period of one (1) year, to follow consecutively upon expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein. Any changes in the terms or conditions will necessitate the initiation of a new contract. 9.04 Amendments This Agreement maybe modified or amended at anytime during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 9.05 Severability If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 9.06 Waiver No failure of Juvenile Services to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Juvenile Services. 9.07 Prior Notification The Service Provider agrees to notify Juvenile Services prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Juvenile Services in joint or coordinated releases of information. 9.08 Notice of Change The Service Provider shall give 30 days prior written notice to the Juvenile Services, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. Juvenile Services reserves the right to take any and all appropriate action. The Provider agrees to hold harmless Juvenile Services for any acts or omissions by the Juvenile Services resulting from the Service Provider's failure to notify of these changes. In the event the Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on the Service Provider's ability to perform under this Agreement, the Service Provider will immediately notify Juvenile Services in writing. 6of7 Vol. Pg. ;Lqe 9.09 Assignment The Service Provider understands and agrees that this Agreement may not be sold, assigned, or transferred in any manner, to include an assignment of Service Provider's rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer without the prior written approval of Juvenile Services shall render this Agreement null, void, and of no further effect 9.10 Entire Agreement. The Service Provider And Juvenile Services understand and agree that this agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited herein or incorporated herein or referenced herein, including prior agreements or oral discussions, shall be binding upon either the provider or the department. In witness whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives. SERVICE PROVIDER llG,? X29 Ran nan, M.D. Date 401 S. Texa nxP l 2<,79RC2. Bryan, Texas 77803 BRAZOSCO NTY By. Randy ims Date 300 East 26`h Street Con Judge Bryan, Texas 77803 By: 1 ~ _3 Doug V ce Date 1904 West Highway 21 Juvenile Services Bryan, Texas 77803 7of7 Vol. a-Ce Pg. a MONTH TO MONTH EXTENSION OF AND MODIFICATION TO MEDICAL SERVICES PROVIDER AGREEMENT WHEREAS, on February 1, 2009, Brazos County and the Brazos County Sheriffs Office and Dr. Rany Cherian entered into a Service Provider Contract with a service term of February 1, 2009 through September 30, 2009, whereby Doctor Cherian agreed to provide medical services to inmates at the Brazos County Jail; WHEREAS, this Contract has an expiration date of September 30, 2009; and WHEREAS, the parties are still in negotiations relative to the terms and conditions of a Contract for the next fiscal year beginning October 1, 2010; and WHEREAS, the County and Dr. Cherian wish to enter into an Extension of the Contract during such negotiations; NOW, THEREFORE, in consideration of the mutual benefits derived hereunder, the parties agree as follows= 1. The Contract is hereby extended on a month-to-month basis. 2. The Contract shall be extended on the same terms and conditions as currently stated in the Contract except as follows= Article II Section 3.01 is amended. The County agrees to pay Dr. Cherian the amount of $5,250.00 each month services are provided during the existence of this Extension and Modification Agreement. This payment is inclusive of all other annual fees due under the original contract. Article IV, entitled "Insurance" and Article V, entitled "Indemnity" are deleted in their entirety. 3. In all other respects, the Contract is hereby confirmed, affirmed and ratified. SERVICE PROVIDER Rany an, M.D. Date BRAZO O > ! 3151 Randy County Judge Date Vol. _ pg. SERVICE PROVIDER AGREEMENT BETWEEN THE BRAZOS COUNTY JUVENILE SERVICES AND CARL SVAJADA, D.D.S, JARROD D. PHARR, D.D.S, AND RYAN M. JOUETT, D.D.S. This Agreement is entered into between the Brazos County Juvenile Services, hereafter referred to as BCJS and Carl Svajada, D.D.S, Jarrod D. Pharr, D.D.S, and Ryan M. Jouett, D.D.S hereafter referred to as Service Provider. PURPOSE The purpose of this Agreement is to set terms, conditions and fees for Service Provider to conduct dental examinations that are required prior to placing juveniles into court ordered placements. TERM The term of this Agreement is for twelve (12) months, commencing July 1, 2009, and ending June 30, 2010. It shall be automatically renewed for one year terms thereafter, commencing July 1" and ending June 30th , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. RESPONSIBILITIES OF THE BRAzOS COUNTY JUVENILE SERVICES 1. BCJS shall call and set the appointment in advance and transport the juvenile to and from the appointment with two BCJS staff providing supervision. 2. BCJS shall complete and fax the Patient Registration form, and Medicaid card if applicable, before the appointment. RESPONSIBILITIES OF SERVICE PROVIDER 1. Service Provider shall remain current and in good standing with all applicable licensing agencies and immediately report to BCJS any applicable licenses suspensions, cancellations or terminations. I of 7 Vol. 2 pg. g S I 2. Service Provider shall submit current copies of applicable license(s) to BCJS. SERVICE PROVIDER TREATMENT GUIDELINES Service Provider shall agree to the following treatment guidelines. 1. Shall complete the pre-placement dental form. FUNDING 1. For and in consideration for the above mentioned services, BCJS agrees to pay Service Provider the same rate that Medicaid is billed for similar services in the State of Texas. 2. Service Provider agrees not to bill BCJS if appointment is reimbursed by juvenile's private insurance or Medicaid. 3. Service Provider will submit an invoice for payment of services to the BCJS Business Manger on a monthly basis. Said invoice shall be submitted within ten (10) days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to the date of the appointment and name of juvenile. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by BCJS in a timely manner. MAINTENANCE AND ACCESSIBILITY OF RECORDS The Service Provider shall maintain for a minimum of seven (7) years past the last date on which service was given or until the juvenile's 21st birthday, whichever occurs later, pursuant to 22 Texas Administrative Code 165. Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized BCJS representatives, auditors, and any other person as may be authorized by the BCJS or by the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. 2of7 Vol. I~ Pg. Z Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the BCJS and the County for the recovery of any funds paid by BCJS, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. RIGHT OF AUDIT AND MONITORING BCJS shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement. BCJS may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. INDEPENDENT CONTRACTOR The Service Provider is an independent contractor under this Agreement and neither the Provider nor any employee or agent of the Provider is an employee of BCJS and does not acquire any employment rights with the BCJA or the County of Brazos by virtue of this Agreement. The Service Provider will provide the agreed services and achieve the specified results free from the direction or control of the BCJS as to the means and methods of performance. The Service Provider will be required to provide his or her own equipment and supplies necessary to conduct business; provided that in the event for its convenience or otherwise the BCJS makes any such equipment and/or supplies available to the Service Provider, the Provider's use of such equipment or supplies provided by the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or Brazos County business and not for any other purpose, including any personal benefit or gain. Juvenile Services assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their 3 of 7 a53 von. 1 ate--- P~• performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Juvenile Services and Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of contract of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of Juvenile Services. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Juvenile Services. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. CONFIDENTIALITY The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as Department administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. LICENSING The Service Provider is required to maintain all applicable licenses, permits or certifications. Copies of any applicable licenses are to be filed with Brazos County. 4of7 1 a Pg Venue and Governing Law. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against County shall be in Brazos County. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. MISCELLANEOUS 1. Either party may terminate this Agreement by giving a (30) thirty day written notice to the other party. 2. BCJS will exercise no right of control over Service Provider or its employees. Service Provider agrees to protect, defend, indemnify and save harmless BCJS against loss, damage, or expense by reason of any suits, claims, demands, or judgments and causes of action caused or contributed to any part by Service Provider, its agents, servants or employees arising out of or in consequence of the performance of this agreement. 3. The provider understands that signing this agreement does not guarantee any referrals from the Brazos County Juvenile Services Department. 4. This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 5. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 6. No failure of BCJS to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Juvenile Services. 5of7 ass Vol. Pg- 7. The Service Provider agrees to notify BCJS prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with BCJS in joint or coordinated releases of information. S. The Service Provider shall give 30 days prior written notice to the BCJS, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. BCJS reserves the right to take any and all appropriate action. The Provider agrees to hold harmless BCJS for any acts or omissions by the BCJS resulting from the Service Provider's failure to notify of these changes. 9. The Service Provider understands and agrees that this Agreement may not be sold, assigned, or transferred in any manner, to include an assignment of Service Provider's rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer without the prior written approval of Juvenile Services shall render this Agreement null, void, and of no further effect. 1O.The Service Provider And Juvenile Services understand and agree that this agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited herein or incorporated herein or referenced herein, including prior agreements or oral discussions, shall be binding upon either the provider or the department. EXECUTED this the 1,3 day of , 2009. Randy Sims, ounty Judge Chairma razos County Juvenile Board V Dr. Doug V ce, Executive Director Brazos County Juvenile Services 6 of 7 Vol. I a LF Pg. `r Carl A. Svajda, D.D.S. Jarred D. Pharr, D.D.S Ryan M. Jouett, D.D.S. APPROVED AS TO LEGAL FORM: B na'Snell' g, Assi nt County Attorney Brazos County Atto y Civil Division 7of7 (f e-7 Pg'- Vol------- . STATE OF TEXAS § § COUNTY OF BRAZOS § HECTOR GARZA CENTER Residential Services September 1, 2009- August 31, 2010 This Agreement is entered into by and between the Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation") and Cornell Companies, Inc., a Delaware corporation authorized to do business in Texas as a foreign corporation and which is doing business as the Hector Garza Center, a facility licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 610 Afton Blvd, San Antonio, Texas 78232. ARTICLE 11 TERM 2.01 The term of this Agreement is for twelve (12) months, commencing on or about September 1, 2009, and ending August 31, 2010. It shall be automatically renewed for one year terms thereafter, commencing September I" and ending August 31" , unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level B. i. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or Vol. ~a4 pg aS~ Hector Garza Center Residential Services Agreement September 1, 2009-August 31, 2010 ii. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. C. Moderate Level i. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff, or ii. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. D. Specialized Level i. Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24-hour supervision by multiple staff in limited access setting. E. Intense Level i. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self-destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24-hour care) with maximum staffing, in a highly structured setting. F. Emergency Shelter i. Provide twenty-four (24) hour care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long-term living arrangement. Vol. a 4 gg. 2 S 01 Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off-campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off-campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Placement Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Placement Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Placement Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Placement Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. 1. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of V0 1. I a P'aee 3 of 15 pg O- 10-0 Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re-referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re-referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. VOI. + Page 4 oft Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re-referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Business Manager or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and/or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should be or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall cooperate in these efforts. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Business Manager with a copy of same to: Brazos County Auditor, 200 So. Texas Ave., Suite 218, Bryan, TX 77803 on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order VOL. I Z~Q Page 5 tp&6 ~~2 a Hector Garza Center Residential Services Agreenent September 1, 2009-August 31, 2010 to monitor for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation within thirty (30) days of receipt. _ 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Under §231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 5.09 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 5.10 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Business Manager with a copy of any written claim or invoice to the Brazos County Auditor. Service Provider will not contact other department officials or employees regarding any claims of payment. 5.11 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI ADDITIONAL TERMS AND AGREEMENTS 6.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 6.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation Vol. a / Page 6 of ft 2103 Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed ten (10) days per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any such additional days away from the residential setting will not be charged to Juvenile Probation. 6.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 6.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 6.06 Juvenile Probation is under no obligation to place any child-with Service Provider. 6.07 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 6.08 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 6.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 6.10.1 If a client makes an unauthorized departure from the Service Provider, Juvenile Probation shall be notified immediately. If the client returns to the Service Provider within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Provider shall receive payment for those days the client was absent from the Service Provider, but not to exceed ten (10) days payment. Vol. 1 a 4 Page 7 of I s a Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 ARTICLE VII EXAMINATION OF PROGRAM AND RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 7.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation and/or the Brazos County Auditor any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 7.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re-disclose the information except as required to perform this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency; cn" V0 1. I aPa 8 o 15 Pg. Hector Garza Center Residential Services Agreement September 1, 2009-August 31, 2010 B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979) 823-4211 (ATTN: Chief Probation Officer). ARTICLE X DISCLOSURE OF INFORMATON 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state, regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Page 9 of 15 Vol. la Pg Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT . 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. Pg. 7 Vol. 1 a In ,r i Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XLY REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, any County in the State of Texas, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. Page 11 of 15 / ry vol. ~ a ~e Pg, a d Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 ARTICLE XX TEXAS LAW TO APPLY 20.01 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. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter ARTICLE XXIV AMENDMENT 24.01 Juvenile Probation and Brazos County may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. ARTICLE XXV NOTICES 25.01 All notices required under this Agreement shall be in writing. They shall be sent by fax or by Registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices be deemed to have been received when actually received. VOI, l a (Page 12 of 15 P `a Hector Garza Center Residential Services Agreemew September 1, 2009- August 31, 2010 Hector Garza Center 620 East Afton Oaks San Antonio, Texas 78232 (210) 568-8600 Brazos County 1904 S.HW21 Bryan, Texas 77803 EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS C Y Randy Sims, C my Judge Date A Brazos ounty J venile Board Chairman Doug Vance, P ,Executive DI r Date Brazos Coun Juvenile Services SER l1cE PROVH)ER Cbr ell Compa s c. 1 IGJaH IC~G1 -Fereande~rAn iee~,4geat•aer} Date . JJiaei~ H~earae neaidmtand:£~sQ Jonathan P. Swatsburg, Senior Vice President PRINTED name of person signing this contract Title PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER: Hector Garza Center (2101568-8600 620 East Afton Oaks Blvd. San Antonio, TX 76232 Page 13 of 15 Vol. a (Q PP- Hector Garza Center Residential Services Agreement September 1, 2009. August 31, 2010 PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER: Hector Garza Center (21 568-8600 620 East Afton Oaks Blvd. San ANtonio, TX 78232 PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX INDENTIFICATION NUMBER: Michelle Martenson 74-2650651 CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: Brenda Lee - GRO License (210)854-3142 Michelle Lopez - RTC License (210)204-3992 Page 14 of 15 Vol. IaL ~ Pg. a~ ` Hector Garza Center Residential Services Agreement September 1, 2009- August 31, 2010 EXHIBIT A BASIC LEVEL $38.59 MODERATE LEVEL $87.99 SPECIALIZED LEVEL $126.49 INTENSE LEVEL $222.19 EMERGENCY SHELTER $106.22 Page 15 of 15 Vol. I a (P Pg. a~ a INDIGENT HEALTH CARE CONTRACT This Contract is between BRAZOS COUNTY (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Contract is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act, Brazos County agrees to provide basic health care assistance to eligible Brazos County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. Brazos County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. BRAZOS COUNTY agrees to pay BVCOG $ 96,700.00 for the 2009, ZrI October 1: 2009 through September 30, 2010 in quarterly installments. ~d j D RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of a state fiscal year of the county eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. 4. Intake services in Brazos County at least once a month. Vol. l a ~ Pg. a 3 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14`h than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for re- submitting an application at any time circumstances justify a re- determination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end . of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the Program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. Reasonable access by the Brazos County Auditor for audit purposes to financial records relating to the administration and operations of the program which resulted in payment by the County to BVCOG or to providers. 13. An annual written review of the Program's management and operation. 14. A review of the eligibility of each household at least once every six (6) months. 15. A list of eligible Brazos County residents distributed to each provider once every six (6) months. vol. I a Pg• a-7 4 16. A review of all bills submitted to BVCOG by the Provider (s) to verify accuracy and the eligibility of the patient. 17. Remittance to the County of bills that have been reviewed and approved for payment to the provider. RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the Program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for Brazos County's pro rata share of outside audit services, if necessary. TERM This Contract is for one (1) year, from October 1,2008 until September 30,2009. CANCELLATION This Contract may be cancelled by either of the parties hereto upon Sixty (60) days written notice. ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this contract, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. Vol. I Pg. 7 S INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Contract may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. Venue shall be in Brazos County, Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this contract. SEVERABILITY If any clause or provision hereof is invalid, unenforceable or illegal under present or future laws, or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected. ENTIRE CONTRACT This Contract contains the entire agreement between the parties. There. are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which are not fully expressed herein. . FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Contract and any extension thereto. Contractor, BVCOG, or any other person or entity directly or indirectly employed by the Contractor or any other person or entity to whom the Contractor may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, the County vol. I a Lf Pg. 7( may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Contract by written notice to the Contractor at the earliest possible time under the circumstances. EFFECTIVE the 1st day of October 2009. BRAZOSCOUNTY By: Date: 10-21-09 Judge Rand ims Brazos C ty BRAZOS VALLEY COUNCIL OF GQVERNMENTS y: Date: 10-21-09 Tom Wilkins Jr. Executive Di or;/B G Vol. 12 pg. d2? 7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOLT) is made this 1' day of October 2009 by and between Texas A&M University, Department of Psychology (TAMU), and the Brazos County Office of the Sheriff (BCSO). WHEREAS, TAMU offers a clinical psychology doctoral program; and WHEREAS, the Brazos County Office of the Sheriff (hereinafter referred to as `BCSO') seeks to evaluate potential candidates for employment, and potential candidates for promotion; and WHEREAS, it is deemed in the best interest of both parties that said governments do enter into a mutually satisfactory agreement and share in the educational process; NOW THEREFORE, based on the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, have agreed as follows: TAMU RESPONSIBILITES: - (1) TAMU shall assign a liaison to BCSO for purposes of (a) correspondence regarding billing and scheduling appointments, Carolyn Ivison, Senior Secretary, TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843-4235 (979) 845-8017 clinic@tamu.edu and (b) for MOU management, Robert Heffer, Ph.D., Director TAMU Psychology Clinic, Department of Psychology, 4235 TAMU, College Station, TX 77843-4235 (979) 845-8017 clinic@tamu.edu. (2) TAMU shall furnish psychological evaluations, in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education, for peace and public safety officer applications for Detention Officer and Deputy Sheriff positions and other employees as referred by BCSO. (a) Each evaluation will include (1) a thorough clinical interview (2) an appropriate global measure of personality/psychosocial functioning, and (3) additional specific measure(s) of behavioral style or cognitive functioning as indicated by other evaluation measures or referral questions posed by BCSO. (3) TAMU shall schedule evaluations within 14 working days after receiving written or phone request from BCSO to conduct such evaluations. (4) TAMU agrees to provide verbal feedback to BCSO and make available, for mailing or personal pick-up, the TCLOESE L-3 (Declaration of Psychological and Emotional Health) form within 3 working days of completion of the testing. Vol. ~ P,g. C:6SheriJJiContractslAppficant Psych Contract 2009-2010.doc ~-•4 T .Tn~ (5) TAMU shall make available the psychological evaluation report generated on persons served under this Agreement for mailing to, or personal pick-up by, BCSO within 14 working days after the scheduled evaluation. (6) TAMU agrees to discuss via phone or email with BCSO situations that alter these scheduling-testing-report expectations as soon as either party becomes aware of the need to change expectations for a given referral. (7) TAMU agrees that payment will be based on the timely submission of evaluation reports as stated above. (8) TAMU shall provide BCSO an invoice by the le of each month for services rendered during the previous month. (9) TAMU shall accept, as full compensation, the sum of $230.00 per psychological evaluation. (10) TAMU shall accept, as full compensation, the sum of $100.00 per psychological re- evaluation. (11) TAMU shall provide BCSO, if requested, a copy of current professional credentials of all individuals involved with the evaluations, professional liability insurance for psychological or behavioral health services applicable under this Agreement and all policies established by the TAMU Psychology Clinic. (12) TAMU students and faculty supervisors appointed by TAMU shall comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. BCSO RESPONSIBII=S: (1) BCSO shall assign a liaison to TAMU for purposes of communication, Brian Bachmann, Deputy Sheriff Recruiter, Brazos County Office of the Sheriff 1700 Highway 21 West, Bryan, Texas, (979) 361-4948, bbachmann@co.brazos.tx.us (2) BCSO shall provide TAMU a written request for evaluation. (3) BCSO shall provide TAMU with a completed Release of Information signed by each person being evaluated prior to the scheduled evaluation. (4) BCSO agrees to discuss via phone or email with TAMU situations that alter the scheduling-testing-report timeline expectations, as stated in the TAMU RESPONSIBILITIES section above, as soon as either party becomes aware of the need to change expectations for a given referral. (5) BCSO shall pay, as full compensation, the sum $230.00 per psychological evaluation- BCSO shall provide payment upon timely submission of evaluation reports as agreed to above. 2 7q Vol lx~ P&C'nen 4acblAnnlirnnlPsychContract200A2010.doc (6) BCSO shall pay as full compensation, the sum of $100.00 per psychological re- evaluation. BCSO shall provide payment upon timely submission of evaluation reports as agreed to above. (7) BCSO shall pay TAMU for services in full within 30 days after satisfactory receipt of services and billing unless otherwise specified or mutually agreed upon before orders are placed. BCSO will not be liable for payment of invoices received six (6) months after order completion. Invoices must be submitted by TAMU to Kathy Drosche, Administrative Secretary, Jail Administrator, Brazos County Office of the Sheriff , 1700 Highway 21 West Bryan, TX 77803-1300 (979) 361-4997 NOTICE: Except for procedures under Alternative Dispute Resolution below, any required notice or contact under this MOU shall be made to: Brazos County Office of the Sheriff Sheriff Christopher C. Kirk with copies to: Judge Randy Sims x or Wayne Dicky, Jail Administrator Brazos County Commissioners Court Brazos County Office of the Sheriff County Administration Building, Sulte4w 1700 IJighway 21 West 200 South Texas Avenue 2 Bryan, TX 77803-1300 Bryan, TX 77803-3999 (979) 361-4900 (979) 361-4102 TAMU: TAMU Psychology Clinic employer's I.D.#: 764000531 Department of Psychology profession/ occupation: psychologist Texas A&M University 2435 TAMU Phone: (979) 845-8017 College Station, Texas 77843-2435 Fax: (979) 845-5191 INDEMNIFICATION: Subject to the limitations as to damages in the Texas Tort Claims Act and without waiving its governmental immunity, Each party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other parry to this Agreement, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, of this MOU. CONSENT TO SUIT: L7ty-b~entering into^Agreemen~dees net givJ its consent to suit. ALTERNATE DISPUTE RESOLUTION (1) To the extent Chapter 2260, GOVERNMENT CODE, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 of the GovERNMENr CoDE shall be used, as further described herein, by TAMU and BCSO in attempts to resolve any claim for breach of contract made by BCSO: 3 1$¢~riJJlCormactsVApplicant Psych Contract 1009-2010.doc VOL P.. A. BCSO's claim for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, BCSO must submit written notice, as required by subchapter B of Chapter 2260, to TAMU in accordance with the notice provisions in this Agreement. BCSO's notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that TAMU allegedly breached, the amount of damages BCSO seeks, and the method used to calculate the damages. Compliance by BCSO with subchapter B of Chapter 2260 is a required prerequisite to BCSO's filing of a contested case proceeding under subchapter C of Chapter 2260. Dean K EndIer, Executive Director, TAMU Contract Administration, or such other officer of TAMU as may be designated from time to time by TAMU by written notice thereof to BCSO in accordance with the notice provisions in this Agreement, shall examine BCSO's claim and any counterclaim and negotiate with BCSO in an effort to resolve such claims. B. If the parties are unable to resolve their disputes under subparagraph (A) of this Section, the contested case process provided in subchapter C of Chapter 2260 is BCSO's sole and exclusive process for seeking a remedy for any and all of BCSO's claims for breach of this Agreement by TAMU. C. Compliance with the contested case process provided in subchapter C of Chapter-2260 is a required prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the CIVIL PRACTICES AND RmAEDIES CoDE. The parties specifically agree (i) neither the execution of this Agreement by the parties herein nor any other conduct, action or inaction of any representative of the parties relating to this Agreement constitutes or is intended to constitute a waiver of any party's or the State of Texas' sovereign immunity to suit, and (ii) neither BCSO nor TAMU has waived its right to seek redress in the courts. (2) The submission, processing and resolution of BCSO's claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. (3) Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of a claim constitutes grounds for the suspension of performance by BCSO, in whole or in part. TAMU and BCSO agree that any periods set forth in this Agreement for notice and cure of defaults are not waived. (4) The designated individual responsible on behalf of TAMU for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 shall be Dean K. Endler, Executive Director, TAMU Contract Administration. TERM OF AGREEMENT: This MOU shall begin October 1, 2009 and remain in effect for no more than twelve (12) months, ending September 30, 2010. This MOU may be terminated on behalf of either party in the agreement, by providing the other party with thirty (30) days written notice. Any BCSO candidates scheduled for evaluations, at time of cancellation will be allowed to complete their evaluation, provided that the cancellation was requested by TAMU. In the event this agreement is canceled, TAMU will be paid only for the evaluations completed, 4 Vol. I ^ ( ~ ferzflContracGsWpphcantPsyvh Contract 2009-2010.doc provided the required evaluation reports are presented to BCSO within three weeks of the cancellation of this Agreement. INDEPENDENT CONTRACTOR STATUS: This MOU shall not be construed as creating an employer/employee relationship between TAMU, including any of its officers, agents and employees, and BCSO and does not constitute a joint venture. PROVISIONS: If any provision or provisions of the MOU shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. GOVERNING LAW: The terms and conditions of the MOU and performance hereunder shall be construed in accordance with the laws of the State of Texas. Venue shall be in a court of competent jurisdiction in Brazos County, Texas. OTHER DIRECT COSTS: The BCSO will only pay the amount per completed evaluation or re-evaluation as specified in the preceding "RESPONSIBILITIES" sections. The number of evaluations will vary over the months in which this contract is in effect. The cost of each evaluation or re-evaluation includes other direct costs which will be used by TAMU for supplies, photo-reproduction - books, journals, training tapes, software, equipment, professional dues, travel expenses, educational development, and other directly related costs. AUTHORITY TO CONTRACT: Each party has the full power and authority to enter into and perform this MOU, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. TEXAS A&M UNIVERISTY By: Date: Dean K. Endler, Executive Director Contract Administration BRAZOS COUNTY OFFICE OF THE SHERIFF By: Date: Christopher C. Kirk, Sheriff Brazos County Office of the Sheriff BRAZOS CO By: Date: ID 113 I'' I Randy Sirgs/ Judge Brazos unty Commissioners Court s C.'Oheri f ICon"ctslApph"cantPsych Contract 2009-2010.doc Vol. l 2 Pg.-L-8 A . One Keystone Plaza 717-232-2723 tsL Suite 300 717-232-7837 Fax y-1''yTY N. Front & Market Streets 717-233-6073 Alternate Fax Harris6ur9, PA 17101 xrv Fm corn n The PFM Group abl F k'.~. lr ml le<:/ V ` ` Fti to m 9tn.-v .lC FtM fit.( s September 21, 2009 Katie Conner County Auditor Brazos County 300 East 26th Street, Suite 114 Bryan, Texas 77803 Dear Ms. Conner: The purpose of this letter is to confirm our agreement that PFM Asset Management LLC ("PFMAM'~ will serve as Investment Adviser to Brazos County ("you" or the "Issuer") in connection with structuring the escrow (the "Escrow") related to the Issuer's Limited Tax Refunding Bonds, Series 2009 (the "Bonds"). As Investment Adviser we will analyze and model alternative Escrow structures, coordinate initial and final subscriptions for United States Treasury Securities, State and Local Government Series ("SLGS") with the Bureau of the Public Debt, Special Investments Branch, and prepare such cash flow and yield calculations as required by bond counsel, the verification agent and the Issuer. By executing this engagement letter, you hereby authorize PFMAM personnel to subscribe for SLGS on behalf of the Issuer until the completion date of this engagement. This engagement shall commence on the date hereof, and is expected to be completed on or around November 3, 2009. This engagement shall be deemed to be completed on the date the Escrow is established. Upon the completion of this engagement, you agree to pay us a fee of $2,500. At the completion of this engagement, PFMAM will have no further responsibility related to the investment of the proceeds of the Bonds. PFMAM is an investment adviser, registered under the Investment Advisers Act of 1940. PFMAM agrees that it will not deal with itself or with any other affiliated company or individual in making purchases or sales of securities pursuant to this engagement, not will we take a long or short position in securities subject to purchase or sale in connection with the issuance of the Bonds. We confirm that we have no interest in the issuance of the Bonds or the purchase or sale of Escrow securities except as described in this letter agreement. We note that our affiliate, Public Financial Management, Inc. served as financial adviser to the Issuer in connection with the issuance of the Bonds. PFMAM warrants that it has delivered to the Issuer PFMAM's current Securities and Exchange Commission Form ADV, Part II (PFMAM's disclosure statement) at least 48 hours prior to the execution of this letter agreement. The Issuer acknowledges receipt of such disclosure statement at least 48 hours prior to the execution of this letter agreement. The Issuer hereby authorizes PFMAM to sign I.R.S. Form W-9 on behalf of the Issuer and to deliver such form to broker-dealers or others from time to time as required in connection with securities transactions pursuant to this engagement. • X83 Vol. - ps. Brazos County I'F Limited Tax Refunding Bonds, Series 2009 Escrow Structuring Engagement Letter September 21, 2009 Page 2 You may terminate this agreement in the event of any material breach immediately upon written notice to PFMAM. Our obligations and responsibilities as described in this letter agreement are not assignable without prior written consent of the Issuer. Please have an authorized official of the Issuer sign a copy of this letter and return it to us to acknowledge the terms of this engagement. Sincerely, PFM ASSET MANAGEMENT LLC Michael W. Harris Managing Director Accepted by: BRAZOS Co thosized Signature Name ~°cx t tai , T~. gel O,J Title W- loctx D LP32 Issuer's Tax ID Number (D Date Vol. 12~ Pg L; AGREEMENT FOR SERVICES BROTHERS BIG SISTERS OF BRAZOS VALLEY This Agreement is by and between BRAZOS COUNTY, TEXAS (hereinafter "County") and BIG BROTHERS BIG SISTERS OF BRAZOS VALLEY ("BBBS"), an agency of Big Brothers Big Sisters of South Texas, 315 Tauber St., College Station, Texas; WHEREAS, Big Brothers Big Sisters is the oldest, largest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century, developing positive relationships that have a direct and lasting impact on the lives of young people; WHEREAS, Big Brothers Big Sisters serves children, ages 6 through 16, in communities across the country - including Brazos County; WHEREAS, Big Brothers Big Sisters OF BRAZOS VALLEY seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; WHEREAS, to accomplish the above stated public purposes, Big Brothers Big Sisters OF BRAZOS VALLEY recruits, screens, trains and matches adult mentors with Brazos Valley youth who. desire a mentoring relationship; and, WHEREAS, the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; NOW, THEREFORE, for and in consideration of the mentoring services to be provided to the County's citizens by BBBS, and in compliance with the terms of this agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: Commencing on October 1, 2009 and terminating on September 30, 2010, BBBS shall provide mentoring services to selected Brazos County youth as described by this agreement. This agreement may be renewed annually on the anniversary date hereof upon the mutual consent of the parties, which consent shall be agreed to in writing. For and in consideration of the services to be provided to COUNTY, the COUNTY hereby agrees to pay BBBS a flat fee of NINE THOUSAND and no/100 DOLLARS ($9,000.00). The COUNTY shall payout of current revenues, the full amount due hereunder within ten days of receiving an invoice from BBBS. Vol. ( a ~ pg v~ ~S BBBS acknowledges the fee stated above fairly compensates it for the services and functions it is to provide pursuant to this Agreement. Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind which may arise as a result of that party's fulfillment of this agreement. This agreement may be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. BBBS shall document persons involved in its continuing recruitment and screening of adult mentors, utilizing approved Standards of Practice of Big Brothers Big Sisters of America. BBBS shall provide one-to-one mentoring to a minimum of ten at-risk youth residing in Brazos County. BBBS shall monitor each "match" in compliance with approved Standards of Practice of Big Brothers Big Sisters of America. BBBS shall prepare a year-end report of program that includes evidence of the impact of program on youth participating in program and submit it thirty days prior to the expiration of this agreement. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. BBBS is a not-for-profit 501(c)(3) agency operating as an agency of BBBS of South Texas. BBBS hereby agrees that the responsibility for payment of taxes from the funds thus received under this Contract and/or legislative appropriation (if applicable) shall be contractor's obligation and identified under Federal tax identification number 74-1897630. 2 VOL l a~ Pg. a WITNESS OUR HANDS THIS day of OCTOBER, 2009. BRAZOS COUNTY BROTHERS BIG SISTERS OF BRAZOS VALLEY By: /dy-~;e By: Randy Sims, unty Judge Denise Barkhurst CEO, BBBS of South Texas Attest: /y~L' ~)(C C'_ / J Karen McQueen, County Clerk CERTIFIED AS TO AVAILABILITY OF FUNDS: By: atie Conner, County Auditor 3 Vol. 1 Pg. 987 AGREEMENT FOR SERVICES BETWEEN BRAZOS COUNTY AND the BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement by and between the COUNTY of BRAZOS hereinafter referred to as ("COUNTY") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ("BCHC") a commission dedicated to the improvement of Brazos County. WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built-in mechanism that makes possible a preservation organization in every county; WHEREAS, The Brazos County Historical Commission ("BCHC") has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ("THC"). WHEREAS, BCHC has worked co-operatively with the Brazos County Commissioners' Court, THC, local governments, local non-profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: BCHC Responsibilities BCHC, shall provide services to the COUNTY as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. C. BCHC shall use the County funds authorized by this agreement exclusively to defray the costs of postage. COUNTY Responsibilities A. BCHC shall be funded by the COUNTY in the amount of $500.00 from vol. I J ~ pg• d,99 i the County 2010 Fiscal Year funds. B. BCHC shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and/or other documentation required for all expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto. C. BCHC shall submit a financial statement to the COUNTY annually. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other parry at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY BCHC Randy Sims Henry Mayo County Judge Chairman 200 South Texas Avenue, Ste., 332 P.O. Box 9169 Bryan, Texas 77803 College Station, Texas 77842-9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. SIGNED this , n day of 5&0 -r µ 60 2009. BRAZOS COUN Y HISTORICAL COMMISSION By: Henry May 6, Chairman BRA=;2 By: Randy, Sims, C ty Judge ATTEST- KAREN McQUEEN, BRAZOS COUNTY CLERK Vol. ) 014 2 Pg. 28T << CO L AGREEMENT FOR FIRE PROTECTION SERVICE PRECINCT 4 THIS AGREEMENT is hereby made and entered into this ! a day of 024yhcl' 2009, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be made through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement - Precinct4 Page I of 4 Vol. l a ~ pg. ~2 70 PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this contract. 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2009, and terminate at midnight on September 30, 2010. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, Texas 77805 Attn: Chief Joe Ondrasek County: Brazos County 200 South Texas Ave., Suite 332 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement-Precinct4 l~ act 1 Page 2of4 Vol. a(Z Pg------- 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any parry thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement -Precinct4 V0 1. IO^L Q Pg. a 9 a` Page 3 of4 require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. This Agreement shall be effective when signed by the last parry whose signing makes the Agreement fully executed. Brazos County Precinct Four Volunteer Fire Department, Inc. Brazos County, Texas By: e Or asek, Fire Chief Randys, County Judge Date: / 0 I p Date: UISO~ ATTEST: C.- r Karen McQueen, Coun Clerk Agreement - Precinct4 Vol I d' Pg 6i3 Page 4 of 4 AGREEMENT FOR FIRE PROTECTION SERVICE DISTRICT TWO THIS AGREEMENT is hereby made and entered into this day of C 1pbZ-f , 2009, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC, BRAZOS COUNTY, TEXAS ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and - WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be made through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 1 Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this agreement. Agreement - District 2 Page I of 4 Vol . Pg. ~ UI PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this contract. 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2009, and terminate at midnight on September 30, 2010. Either party to this Agreement shall have the right to terminate this Agreement, without cause, up on thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County, Texas P.O. Box 32 Kurten, Texas 77862 Attn: Merrie Noak, Fire Chief County: Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. Agreement - District 2 Vol. Id-`(' pg 9t 5 Page 2 of 4 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any parry thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or. waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County Auditor may Agreement-District 2 Vol. I ate P Page 3 of 4 require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. District Two Volunteer Fire Department, Inc, Brazos County, Texas Brazos County, Texas By: ! I~ U Merr' Noak, Fire Chief Randy Si County Judge Date: lb-6-oq Date: loft - r ATTEST: i aren McQueen, Co ty Clerk Agreement - District 2 Vol. ~ a ~ Pg. a a 7 Page 4 of 4 BRAZOS COUNTY COMMUNITY HEALTHCARE ENDOWMENT FUND 201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803-5317 979/361-4440 9 Fax 979/823-2275 TO: Brazos County Commissioners Court APPROV FROM: Sara Mendez, M.S. CHEF Liaison !0 3wF DATE: July 22, 2009 Randy i s, County Judge date RE: CHEF funding recommendations for FY 2009-2010 It is the unanimous recommendation of the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee to fund five agencies for fiscal year 2009-2010. The following five agencies are recommended for funding for their proposed program: AGENCY: Brazos Family Practice Foundation of the Brazos Valley AMOUNT: $ 37,000.00 PROGRAM: Expanded TAR WARS AGENCY: Brazos Valley Council on Alcohol and Substance Abuse AMOUNT: $ 15,000.00 PROGRAM: Tobacco Prevention Education Program (T-PEP) AGENCY: Health For All AMOUNT: $ 20,000.00 PROGRAM: Chronic Disease Management Smoking Cessation in Brazos County AGENCY: Hospice Brazos Valley AMOUNT: $ 70,000.00 PROGRAM: Non-funded hospice care for Brazos County tobacco-related illnesses AGENCY: Stand Tall Against Tobacco AMOUNT: $ 18,000.00 PROGRAM: Stand Tall Against Tobacco (STAT) TOTAL: $160,000.00 Thank you for allowing members of the CHEF Review Committee to serve the citizens of Brazos County in this manner. Vol. i s Pg. j q g BRAZOS COUNTY job Description Class No: 2318 job Title: Voter Registration Coordinator Department: Tax Assessor/Collector Reports To: Tax Assessor/Collector FSLA Status: Exempt EEOC Category: Officials & Admin. Pay Group: 16 Prepared/ Revised Date: October 1, 2009 Approved Date: SUMMARY Manages the Voter Registration Department of the Tax Office and performs a variety of data entry, organizational and office management tasks. Supervises all personnel performing transactions related to voter registration, including assigning and reviewing work, conducting performance evaluations, and recommending personnel actions. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. NOTE: All Tax Office Employees report to the Tax Assessor/ Collector through the Chief Deputy. Please refer to Tax Office Organizational Chart. Coordinates and maintains Voter Registration Department staff work schedules to ensure that work is completed efficiently; Coordinates Voter Registration Department staff schedules to provide, switchboard services whenever necessary; Files and maintains various types of records from the Tax Office from local taxing jurisdictions, and state agencies; Assists with conduction of interviews for open positions in the Voter Registration Department; Assists voter registration staff members with data entry and coordination of work flow through the department to ensure timely completion and preparation for election deadlines including; processing of voter registration applications, including reviewing applications, entering valid applicants in computer, printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Updates voter information including name and address changes, deletion of voters no longer eligible, and processes and tracks convicted felons for voting and jury wheel purposes. 1 APPROVED Vol. Trains and deputizes volunteer deputy voter registrars and tracks and documents assigned inventory. Assists Chief Deputy with preparation of computer software, election poll lists and files for all elections held within Brazos County; Assists the public in person, by telephone, and by mail concerning department information, researching records, filling out forms, and resolving relevant problems; Assists property voter registration clerks with customer service, including answering questions and providing information; and Trains and functions as Purchase and Supply Clerk when that person is unavailable. SUPERVISORY RESPONSIBILITIES Supervises all staff assigned to the Voter Registration Division of the Tax Office including Administrative Clerks, and all Clerk I, II, and III personnel, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE High school diploma or equivalent. Office organization training and/or experience preferred. Practical experience with the Secretary of State's TEAM computer system in voter registration and election preparation preferred. KNOWLEDGE OF Must maintain current knowledge of the Texas Election Code as it affects Voter Registration processes. Training or experience in standard office practices and procedures, and effective supervisory management practices is essential. SKILL/ABILITY TO Organize and prioritize tasks to be assigned and completed; supervise, train, evaluate, and motivate employees; operate computers and standard office equipment, including word processing and spreadsheet software; read manuals, journals, and office memos, write letters, memos, and telephone messages; perform basic mathematical calculations; reason and interpret laws, policies, and procedures; communicate effectively, both orally Vol, 6 9 `C 2 pg. ~ ` " )PROVED and in writing; and maintain effective working relationships with co-workers, the public, local governmental entities and state agencies. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform tedious, exacting work, and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously, and to work under time pressures to meet deadlines. No additional job description information beyond this point*** Approved: Ra Sims Date C my Judge Vol. 3 pg. 1 BRAZOS COUNTY lam/" * HUMAN RESOURCES DEPARTMENT 300 E. 26TH ST. SUITE 107 BRYAN, TEXAS 77803-5327 U-1 PHONE (979) 3614114 FAX (979) 823-6993 )y OF 9F MEMORANDUM Date: September 30, 2009 To: Commissioner's Court From: Jennifer Salaza HR Director Subject: Medical and Dental Premiums for 2010 Consider and take action on the following: No change to Medical and Dental contributions from employees, retirees, or the County for plan year 2010. Thank you. APPROVE 7 Ratad'y Sims, County Judge date boa Vol. 3 Pg. 40 0 O tO fi-. J U ° fiM U U okr U v W~ v D 0 \ ~ m M 0 O J U m ' o0 N N VJ LL' ~ LL ~ K o ' K 'b m {1i[ O Q Um O ti p U v ° a ~ w, A o Z " ° O cC mp N pp}~ 111 fn R+ ° 4.?~. 7 O ~ O w w O x U 2 2 U ~ U w.1 pN ~ oaf P~ Q ~ a rn (t Q ~ , eh ~ y o p6 5 N y, O f7 w :°v U o Y U M U o U co o0 N O'vti~ N IL o at~N~ a c9 O ~_r O ~ ivE ~y ln~r~ Q v h OUP Z N v z Z °o O o U O °o ¢O ZO N p Si O J ° 3 N lY a N k N a I ~ ' N rn o d ~ > Q p ti: 1~cn7~ ~ ~n Vol. 54 y N"~* EXTENSION AGREEMENT WHEREAS, in October, 2008, Brazos County, Texas (herein "County") and the Brazos County Emergency Communications District (herein "District") entered into a Contract whereby the District performs for the County emergency communications services dispatching (herein the "Contract'); and WHEREAS, this Contract has an expiration date of September 30, 2009; and WHEREAS, related parties are still in negotiations relative to the terms and conditions of a Contract for the next fiscal year beginning October 1, 2009; and WHEREAS, the County and the District wish to enter into an Extension of the Contract during such negotiations. NOW, THEREFORE, in consideration of the mutual benefits derived hereunder, the parties agree as follows: 1. The Contract is hereby extended through October 31, 2009. 2. The Contract shall be extended on the same terms and conditions as currently stated in the Contract. 3. The County agrees to pay the District the sum of $57,750.25 for the term of this extension. In all other respects, the Contract is hereby confirmed, affirmed and ratified. BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT B 4bEIieth h Godwin, Director BRAZOS COUNTY, TEXAS By: 4e. -,~;z Randy Si County Judge RATIFIED: 611IO Randy Sims/County Judge date vol. i a ~ pg. '30 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this 13 day of CC~~JbQr A.D. 2009 aren County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this ( 3t4- day of O-P]2 r Z-d~ Randy Si County Judge Lloyd Wa ermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallard, Co issiQner PPreAct #3 an ey, ommiss' nei Precinct #4 Treasurer's Report for the MONTH of AUGUST 2009 C3 b5 Vol. I ~P Pg. .y T m M m N O N {y In ti~ No M N N M m O P P M O po ~D PN J M N m 1~ O~ O O Oi A P O T O Vl V O N W _ m m O p QI o A N W 00 O~ .y IO IO O A N fi d' N O V N V O m b a Ol P N N m + Ol VI V m m U V m 00 V N a O h l0 A A A 4] ~ .y ? 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K Ow W K W F F 1- u ryw u _ S O m K O W In .mi F- O O G. p W z w F. s W z z z u x W o a ~S O a o J K J f U Y w o o a z 0 0 0 a a o F o a f 0 w a~ °w a lg o a; w c muxriuS aJUUU.,❑., In❑b>SuE W a~~S .,uZSuxo.xup t~ O O O O O O O O O O o .y O o 0 o O O W Ol O O o 00 o O J' O YI p p O ON p N O O O O O O o0N 00 00 00 ON NO O O p N M A m Ol O N V IO A m Ol O N .y O m O O A F Vol. O O p F' p S p O ,-1 N N N N N M M M V P V V V1 t0 Ol Ol %i P.., I" ,4 - BID TABULATION .2010703 AGGREhATE FOR SURFACE TREATMENT '.,1 0/151200 9 -1 0/14/2010 '''4 i ~ + , ^ ~'i r x z 1 ~ T a,. 5 y~ , x e xv ,u v + r BIDDERS LOADED LOADED/ PLANT ONLY. HAULED LOCATION COLORADO:MATE_ RIALS; Colorado Materials- San Marcos, TX TYPE B, GRADE 3 -1-302,GR 3 CIS, #1200 12.00 28.95 Comal County TYPE B, GRADE 4.1-302,GR 4 CIS, #1210 6.00 24.95 TYPE B, GRADE 5.1.302,GR.5 CIC, #1220 13.75 30.70 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 NIB NIB Superior Crushed Stone- Jarrell, TX Grade 3 28.00 32.00 Brazos County Grade 4 28.00 32.00 Grade 5 30.00 34.00 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 NIB NIB Knife River- Bryan, TX Grade 3 Sealcoat Rock 22.61 26.43 Coma[ County Grade 4 Sealcoat Rock 21.07 24.89 Grade 5 Sealcoat Rock 22.61 26.43 LIGHTWEIGHT AGGREGATE, TYPE L, GRADE 4 TXI- Dallas, TX Streetman, TX TYPE B, GRADE 3 NIB NIB TYPE B, GRADE 4 NIB NIB TYPE B, GRADE 5 NIB NIB EXPANDED SHALE LIGHTWEIGHT AGGREGATE 32.00 41.50 RECOMMENDATION: Gra ;3,4, 5 L ed and uled- Knife River g' : TXI COURT APPROVAL-. 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Nm's~P# a mg o ts- - s s s mA s a~ $~s~a 80~~9 ~~~o~ Q~~os ~~'s=~ ~s8m= 'ae8v~ a~ vQ a ~ s ~8 s s° ~8 F ? g g zg a T- 5 $va> g's~g 8mre g~>w goo $as g F Vol. _ pg. 3,11 1 f 0 7 J m ° n w~Vw ~~~Z H Pf5$ R°~$g70M § H O c i v ro 9 ~ r c Q S N u~ 8~ C A. voi. i a c~_ Pg. 3 as i BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM / '1 DEPA RTMENT Road and Bridge NUMBER 56001000. f DATE OF COURT MEETING: Octoberl3, 2009 ITEM: Request from Verizon Communications to construct a road bore and buried cable installations in the right of way of Dick Elliott Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: I) 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: Richard F. Vance, P.E. ommissioner E. Duane Peters County Engineer Precinct 2 CC2009-056 This Request is Approv d Z/Denied y Commissioners' Court Date: Randy Si , County Judge a3 Vol. (e Pg. 3 VERIZON COMMUNICATION Notice of Line Installation September 18, 2009 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that GTE SOUTHWEST INC. d/b/a VERIZON SOUTHWEST will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon will place buried cable in and along the row of DICK ELLIOTT RD. from the south property line of 8902 DICK ELLIOTT RD. to the state R.O.W. of O.S.R. We will also bore under DICK ELLIOTT RD. at a 90 degree angle from the corner post of the cross fence.We will also bore under the creek located on the east R.O.W. This work is being done to move the existing cables now serving this area to the new county R.O.W. so they will not be in the way for the new bridge construction that will be taking place in this area. 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. Construction of this line will begin on or after October 19, 2009. VERIZON COMMUNICATIONS 5435-3POAOBD &X6&_ V Brenda Vajdak Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 Vol. l acs pg. 3)_4 mm r o x m z € a 4 a a a~ W. a o Q 2 as }s Y Fa EiL i4'+h m z o h y O d: ~'jhq F9 y .a m U m U N_ h W S ap SY _9;8tltY pe W ¢ x u° s w ° 3 sp ~•v p'e£hSi pm ! o ~ ~ ~ z h~ iy E Y, ,c w ¢ m ¢ N dg Yp,~rge~'s' pm ~ ^ °n o ° v Y 4 p_v3 Saa.Y3=s > M <E s ml--- 93311 W W co mBa{A` w i z¢ rc P m O J 'v' .S O P N 3 w n N 3 m Z W _ o Q W x Z m m a C W U 2 o aPm, x m www3cn 4 m aw w ° x O w mrvrvrv w U 3 0 4 ~ ~ a 0 mNNImVp - w Q Q= Ld 2: w mNmLLN ~n l N E I U 4 e m :faWW _ Lli ° x Qo w a = mrv~NN~Nm Z = f_ (1. w ION NrvB~BNa ^ m a ° H ~ U m£NJ U°xU °XU P / / ' W W z o a ~ ~W w0 U M U7 4 / / 0 (J1 } ry X U O fn / / W Z rv °n ~n..a p w Ir /v `~q P co b mNm P Q N gfm mg~o~ W a U hl w a + e' / y W W Namur He Na Bmem Q 6 / i--~ N m m¢NN aura Nam Z m rv'"mOO~°om°o°n m°n in:. ~dagmn r / ~0~ 07 mslnMuxuxuxu J~~ux°iaxu+ Q / Q/"• F-I Q U pm s d / / 3 ~ W ON 666adada ~ p\ / / / O m. m / f Q NGCINN•N'mN~7 / w of maim ;y-vem p / w J O m¢N_aa~aa r~ moh°. eao. °omm g oo 'Ro°v 9 d m a C' } Nmmm nN°N mN m d"g - bur O y F- m¢ uuxux u.U / ~Jr p ° / / /iB °m ? f a m 3 O] cc z O s W O god v aN.m^T na u J 3 20 n O~ rv / e",'h'1`' / p S M ° V mvi o °n O a 0 3 4m LO w m P¢ W F- wzw d ° i N M p ~S~r /mOkR 4( aQ+, a CO m+ W Q z ma + 60 /mkapm la/` /aQ} CO m m C~ .ti m ti 0 6 Ti m F' U Q w FIIII ma:n.• m~p a/< 0Pm tih w p O O H 2 urno°~a °m Q / JI".y0~ 0~ - Z W Q z J Fn H \ NnmmnHrV / ~mh` Cl- a ° N w \ \ \ \ \QO 1QO J' yob ° ~ ¢ hx / En (L °l Q = LL X a 3 \ ~ d o \ p m ry in 4 Nm F \ m PNrrvm O a o u 3 b m a z mEiRwK ~ \ s mNeHN w w o U 3 \ o NN > U w f 0 O \ } O m"N-'nW°m 3 z m C'Ifp 60r \ 'z IF-'-1 n IVA w J I.L (h •YQ \ w N z .'J.. O F !tib B\ LL m W a W 3 3 W z ~bS I Q a U = H Er U) OHO a U O f U Cl) O O O W W rOr oaxo~ a W W O m \ W z °a W W y w w m \ H yU r-x WO \ a 0 T- m z co z ►a~ Pg 3 1O U / I BRAZOS COUNTY / COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 ~~~111 DATE OF COURT MEETING: Octoberl3. 2009 ITEM: Request from Verizon Communications (at the County's request) to construct numerous road bores and buried cable installations in the right of way of Straub Road to accommodate road widening proiect Site is located in Precinct 1. 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 famished 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: Richard F. Vance, P.E. Commissioner Lloyd Wassermann County Engineer Precinct 1 CC2009-059 This Request is Approved ZIDenied ❑ by Commissioners' Court Date: / Randy Sims ounty Judge V01. a ~P pg. 3,;1 (e VERIZON COMMUNICATION Notice of Line Installation October 1, 2009 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: 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: Buried cable will be replaced in conjunction with a County Road widening project on Straub Road. Cable will be placed at 5' within the south R.O.W. of Straub Road from Stousland Road to Thousand Oaks. A new bore will be made across Thousand Oaks. Cable placed along existing R.O.W. from Stousland Road to the Potter property will be placed at a depth of 4' to protect against county construction grade cuts. The cable placed along the new R.O.W. on the remainder of the south side will be at a depth of 3'. Five bores will be made across Straub Road for service drops. The location and description of this line and associated appurtenances is more fully shown by two (2) 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. Construction of this line will begin on or after October 2009. VERIZON COMMUNICATIONS 5416-3POAOAE ~y~1.QrytC~(41 V Brenda Vajdak Supervisor-Network Engineer 301 Industrial Blvd. Vol. Pg. 3 '3noAOOE. 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IEOLZ g m 1%'Xddl •H <30ev0d[> 1 \ .da y. °~nrvmNm u 0PE0 LB[000Z. tl/' n T1O 5-N l0- ~•ffi Z a 0(,~• i Zma ugx b R ~I~,~ a\pad a4 <eo" _ N n nc~ 3.p I _.I / / / /.15 00 \ t\W / //'r'~15Q~S re9seezi•ezalzs•ug3~ve 'ZNOVc~pNO......... e0-xddl OrtZK cees>0 . 1 ~ TTT ' I xl•210d/SLC~ 4m aE, / ~ m °m a~ n a 3 a= ¢ / g s d z m Q: / M, NB.~N S m'Iry~ n ~ mn~ 1- • ~~Q V %V V X Ifl / M 0 Q 0mr(ry/ ~pp pp~ryN ~tim m • mN/ry U Q U O ' %V ry4} W OI / U S Q a C m e v 4m -`rv"x m $6 mW C-g ¢ o do. 'gym g m* Vol. ~ a~ pg 3 3 W O © O CD Z BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM 50 DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 13. 2009 ITEM: Request from Wickson Creek Special Utility District to construct a 35'road bore for water line installations in the right of way of Sand Creek Road approximately 1,600 ft. from its intersection with State Highway 21. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utilityconstruction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: AP D B Richard F. Vance, P.E. ornmtssioner E. Duane Peters County Engineer Precinct 2 CC2009-061 This Request is Approved VI Denied 0 by Commissioners' Court Date: Randy S , County Judge 3~ Vol. I a~ Pg 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson creek special Utility District proposes to place a (type) waterline within- across x the right-of-way of (road) .4andorPek Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construct o~ of this line will begin on or after they day of October 2009 ~ Iai ~Uhh('--]// Firm: Wick n Creek S ecia1 Utility District '~y 6 By: Title: General Manager f C j t Address: R. o.. Box 4756 1J-'Bryan, Texas 07805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT ON, 1 Date Randy Si s, County Judge vol. I a -Poo. 333 I y k h ~n ~ IJ ~ 0 as 0 ~ ~ u3T I c ~ N ~ H !I i i ' V \l I I I~ ' I ~ ji Q 1 V I f' ~ ~j vol. P9. 3 34 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM l DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 13, 2009 ITEM: Request from Wickson Creek Special Utility District to construct a 40'road bore for water line installations in the right of way of Coyote Run approximately 0.2 mile from its intersection with FM 1179. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: 0 Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC2009-062 This Request is Approved / Denied 0 by Commissioners' Court Date: Randy Sims ounty Judge Vol. I~_ Pg. 335 6 O~ o p ~ S d ~ s o ~ JJs~ 3 ~ .n T yy~ sl ~ 3 N 3 K Q (j ~ I t r ~ sd t vol. a pg. 3 3 3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within- across x the right-of-way of (road) 7021 coyote Run in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 12 day ofoctober , 2009. I^~[r; /~"1 gFirm: Wickson Creek S ecial Utility District c p,L IBy:< u~ ft Title: General Manager v`- Add ress: B. 0. Box 4756 Bryan, Texas 1177805 Phone: 979-.589-3030 APPROVED BY COMMISSIONERS' COURT O : Date Randy County Judge vol. 1 a Pg 337 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October 13, 2009 ITEM: Request from Malcom Pirnie on behalf of the City of College Station to construct 60'of 48" waterline and 60' of 4" fiber optic conduit in the right of way of Britten Road and 80'of 4" PVC fiber optic conduit in the right of way of Rye School Road. Site is located in precinct 4. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPR Richazd F. Vance, P.E. C Cau y County Engineer Precinct 4 CC2009-065 This Request is A proved /Denied ❑ by Commissioners' Court Date: _ r' ~f Randy S' s, County Judge 3-3 Vol. I a (e pS REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) r . <Aellm proposes to place a (type)j~-e within the right-of-way of (road), e in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the day of drm r , 20p". (Ikr/ ~fR1v~rX Firm:Aa(Co/I(w, pthte Inc PTC-. j()~~ f Title: tRKoy'r- - N&naa<< Address: 17oo W. tS. *-145o Ion 4nv~ t TiC `-7702- Phone: 713 iq ey 7439 ie Atei,,4 ~ox 4- 4pktc--%~ APPROVED BY COMMISSIONERS' The I,%SJrak(a }ion tvt rAJe s : COURT ON: in 0- Date CRstng_ 2- Go v~ ,~,b.rop-l,c ~o,ndv,~- Co ty Judge VOI. a(R IZ Y L- 3 3 9 9 :ITY OF COLLEGE STATION ER PRODUCTION SYSTEM EXPANSION PARALLEL WELLFIELD COLLECTION LINE OCTOBER 2009 DRAWNG INDEX . QEUEB9L sas. ah iuno«. uo auNxa .nv ~u'D'NRUO uaaW.mn c. urossscwma R.v sxm i m x . a uron m,ms ur.R s,¢* z a x 1 Nl n Rux um vRaaT - su m 12.M ` sz.99 u u. .+o vao~ - z~w uo m 11 V.0 n R - nw swan m . Z . u.m ~..a orRO - n` w w m s1A se.m mwu - sr` ee x, ro.m BEN WHITE - MAYOR w n M - SuNrwrwv n.wRaw . wo e w.wcm vw - Rrc swou RPw e~.LNI„„R wNS9oi a ,Ra RRamaaaN Nam . a,.u . CITY COUNCIL EoRam"' o ° ~~a Nwnaw~ 9nws JOHN CROMPTON KATY-MARIE LYLES JAMES MASSEY LAWRENCE STEWART w, ~e DENNIS MALONEY DAVID RUESINK GLENN BROWN - CITY MANAGER DAVID COLEMAN - DIRECTOR OF PUBLIC UTILITIES ALAN GIBBS CITY ENGINEER 00 j7" RN II INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS & CONSULTANTS 1700 W. LDOP G, SUITE 1450 NWSTON, U 71027, Tu/am-un(PN) 71 01ee0-1207(rM) T E REG. N0. F-919 vol. 1 Pg. 34o l`FNERAL NOTES CONTINUED' CONSTRUCTION NOTES- NU. .I. U saN:r r¢r Mo u B A. AND PA..' I NECEaNN' FOR THUS 11 w%'ro a EASE .1 1.1 S TO BE RNUCB 1. 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AT M msvmlw 4 . ~ n PRINT PART si OFF O.D. cxpr mzz M X 5 EX MOs ON"" RwE4x*ATlss LPGVAT¢N MAY m aWPID To HMO PEN BI .wI AT A usTAME ¢EATEP Mu °i° °eE OOME WRV.nPE MAN MONTHS M a S' HAND I a nAM~mE' Ai aN'd nwMRN (1e) IxwES. cw ¢ ~D~ ARE aF UANDEFFE, PRES, IN PENN, I CENTS. RMRSECn¢H IND WIID[ ME PAI= Wl .EA N 1. VWIwp wnW E E I FAO10M1 RpW OWL BE BAOSINID MUM . MxW W 6 DGi (A) W1 lEN B S¢A DFm ANDE KSTAMN NO PoT~ PENN U. FAND, Wl3S WR. IPA3M HS AM NMPIMR B ANAL EAV.CIEN I A . AT. PROEi05 DNOTY OF SR N. HEWMIGL EWP.CMM a OHWI.PN16s FFA 91AR IN¢I BE IXWAB IM M miA[ AIW R EWPYwr. O'A E.PSBL MUM 4 mMRCRD m M SARSrAG11w IS M EYE Oft. W THAT DI DW mcUMET POI PTEGSr CW WED C EFRI T ARE To P ALL aTr. BOUNTY. AND/. I. rzsnxc as NOT E.. D WcRE Mw I, FA RMONT " mw e A¢ rlwlnW III M No M SEAM Mrs sou BE BMX EMS PER IMLFS DDENx4 Scam IS x VNTRp Br Em AND AIM IN ON e N" o~re'n AND, TANDY AT m ON BEPG MM MC ¢S 1 V Ax 1 S fWN [R'S BY PFIMEIDRATIVE lWAnw. M. 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RIL TREED AF AS MAY NOT BE ADOURAMY M CDPOI 1EL RPMCNE a,MIXC NOT .RBRNC mR ME ON EN ED OUNN BUT SOMER. DO TEARREMATURED NT-OF-IIAN LAIN OR EITAm xM ME 4 MhAT DCVAMS TN. FORMAL R MIT D M BFPP CRUNNZ MM oswc P lT YL MLNC LOAXTH I TUREAR FEET A. RATES UF xN FENCE .1 PROURBIT CITY OF COLLEGE STATION GENERAL P~ M AN - WATER PRODUCTION SYSTEM EXPANSION NOTES AND ABBREVIATIONS GM SEPTEMBER 2009 AN s PARALLEL WELLFIELD COLLECTION LINE G2,„pET aBIF So FIBERS NITS PAT. OI Vol. a~_ Pg. 3 41 VALVE SYMBOLS RESTRAINED JOINT SCHEDULE PROPOSED BAD. m An I nwm vNirv ua srtvir vuR (aM STE 52R CN4NE (RM Y1EMJ b> 4R v4.[ (M SR6 49X4 (P(IUIE ~FV BN BBPVIwu %vXL IFP [(ARw B ~o wux srAnw (rw R9M N24+90~1 Anw(MR FTnvc sYMBOLs eR -1. (P..- p. 9,<ce fl (w. n wR.nn( n HBXR~ 4 CwR M TEAT DR vR. 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