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HomeMy WebLinkAbout2003-08-26-9:00AM-REGULAR T~ IU - • O G9,'r ~P,P ,i BRAZOS COUNTY BRYAN. TEXAS NOTICE OF MEETING 9. r AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 26 AUGUST 2003 AT 9.00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26T" STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns 3. Introduction of Stephanie Johnson, new County Extension Agent for Urban Youth Development. 4. Presentation of a Keep Brazos Beautiful award to the Brazos Center for outstanding landscaping and litter-free premises. Consider and take action on agenda items 5-24 5. Budget Amendment 02/0340.1 thru 02/0340.7 6. Payment of Claims 7. Personnel Change of Status 8. Appointment of Ron Silvia, Mayor of College Station, to the Council of Government Board of Directors as the City of College Station's representative. 9. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County (previously tabled). 10. Resolution Providing for the Public Sale of Property acquired by Brazos County from delinquent taxes. r 11. Re-approval of the "Comprehensive Underage Drinking Enforcement Program" Grant Agreement with the Texas Department of Transportation. The budget will remain the same as the current fiscal year's budget, with Brazos County funding 10% of the expenses as a match. VOL 145 PAGE 1 • Commissioners Coun Agwda 26 August 2003 Page 2 12. Contract between Brazos County and Texas Voting Systems, Inc. for the provision of election supplies and services. 13. Renewal of the Annual, Contract with TransCor America for innate transportation services. 14. Plan Changes to the County's retirement program for 2004. 15. Request for approval of the proposed changes to On-site Sewage Facility Fees. 16. Request for approval of the Brazos County lntedurisdictional Mutual Aid Agreement. 17. Selection of two additional candidates to serve on the 2003 County Salary Grievance Committee. 18. Request by Information Technology Department to purchase video conferencing and associated equipment. Total cost is approximately $19,400.00. This is a planned "capital projects" purchase that was approved and funded during budget hearings for FY2003. 19. Approval of the following blanket purchase orders: For the Jail: a. Team Systems $600.00 b. Ray Criswell $1200.00 c. Ecolab $800.00 d. Brazos Wholesale - $600.00 e. Lilly Dairy $3400.00 f. Butterkrust $1600.00 g. Standard Coffee $200.00 h. Glazier - $1150.00 i. Cains Coffee $600.00 j. Ben E. Keith $1450.00 k. Performance Food $4000.00 1. Sysco Food Service $7300.00 m. US Foodservice - $7300.00 n. Scarmardo Produce $8000.00 For Purchasine: a. The Eagle $1200.00 20. Request for approval of the contract with Armored Car Services for the period of 10/01/03 through 09/30/04. 21. Award bid #2003-042 for oil changes. 22. Award bid #2003-041 for auctioneer services. 23. Request from Verizon to construct buried communications cable installation in the right of way of Elmo Weedon Road beginning at its intersection with Dyess Road and extending into Risky's Ranch subdivision where it must be placed in the subdivision's VOL 45 PAGE ~l Commissioners Court A.gcnds 26 August 2003 Page3 Public Utility Easement (total distance of cable installation is 2,256 feet). Site is located in Precinct 3. 24. Replat of Deer Park Subdivision Part of Lot 20, 10.01 acres, volumes 3430, 2861, 2872, pages 196, 167, 297; S. D. Smith Survey, A-210, Brazos County, Texas. Site is located in Precinct 1. 25. Acknowledge receipt of additional monthly reports for 2003. These are available for review in the County Judge's Office. 26. Announcement of interest items and possible future agenda topics. 27. Agency / Board / Committee reports by Court members. 28. Call for citizen input and/or concerns. 29. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 36-4102. VOL 45 PAGE 3 COMMISSIONERS' COURT REGULAR MEETING AUGUST 26, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, August 26, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The first matter before the Court was the introduction of Ms. Stephanie Johnson, new County Extension Agent for Urban Youth Development. The current Extension Agent, C. Jack Hunter, introduced Ms. Johnson and reintroduced Ms. Alma Fonseca who will be the interim coordinator when Mr. Hunter leaves. The next matter before the Court was the presentation of VOL LP5 PAGE Ll- Commissioners Court meeting August 26, 2003 2 a Keep Brazos Beautiful award to the Brazos Center for outstanding landscaping and litter free premises. Laura Tankersley-Glenn, Director of Brazos Beautiful presented the award to Janice McKean, Director of the Brazos Center and to Pam Beltrand, Landscaping Manager. The Court next considered Budget Amendment #02/03-40.1 through 40.7, which would reallocate funds for Constable, Precinct 1, County Court at Law #2 and Purchasing; transfer funds from Community Supervision to the Sheriff; transfer funds from Contingency to Sheriff-Jail Administration, Tax Assessor/Collector, and Court Support. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20045151 through 20045394 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. VOL 45 PAGE Commissioners Court meeting August 26, 2003 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was the appointment of Ron Silvia, Mayor of College Station, to the Council of Government Board of Directors as the City of College Station's representative. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint Ron Silvia, to the Council of Government Board of Directors as the City of College Station's representative. The term will expire September 2006. The next matter for consideration by the Court was rescinding the Order banning out door burning. Currently the drought index is at 505. Generally a ban is recommended anytime the index is over 500, but the weather prediction for this day is for rain. The Emergency Management Coordinator asked that if not passed today, that it be placed on the next Commissioner's Court agenda. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to table consideration of the outdoor burning ban_ VOL ~t s PAGE a Commissioners' Court meeting August 26, 2003 4 The Court next considered adopting a Resolution Providing for the Public Sale of Property acquired by Brazos County from delinquent taxes. Commissioner Mallard said that he had talked to the delinquent tax collection attorney about donating small properties to Habitat for Humanity. These properties have been sitting vacant for a long time and it would help the community. He would like to look into this option. The County Judge stated that it would also help the County by getting these properties back on the tax rolls. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt a Resolution Providing for the Public Sale of Property acquired by Brazos County from delinquent taxes. The next matter before the Court was the Re-Approval of the "Comprehensive Underage Drinking Enforcement Program" Grant Agreement with the Texas Department of Transportation. The County Judge moved to table consideration. After some discussion, he withdrew his motion. Theresa Diaz of the County Attorney's office stated that there was a change in the match. It is now 35 percent, which is $24,879.00 (Coordinator' salary) because this is the fourth year of the grant. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Re-Approval VOL 46- PAGE T7 Commissioners' Court meeting August 26, 2003 5 of the "Comprehensive Underage Drinking Enforcement Program" Grant Agreement with the Texas Department of Transportation. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Texas Voting Systems, Inc. for the provision of election supplies and services for the September 13, 2003 Constitutional Amendment Election. The cost to Brazos County will be $19,886.00. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with Texas Voting Systems, Inc.. A copy of the contractual agreement is attached. The Court next considered the renewal of the Annual Contract with TransCor America for inmate transportation services. The contract terms runs from October 1, 2004 through September 30, 2004. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to renew the Annual Contract with TransCor America for inmate transportation services. Copies of the annual contract and fee schedule are attached. The next matter before the Court was consideration of plan changes to the County's retirement program for 2004. On motion by the County Judge, seconded by Commissioner Jones, VOL Zr PAGE S Commissioners' Court meeting August 26, 2003 6 the Court voted unanimously to make no changes to the County's retirement program for 2004. The Court next considered a request for approval of the proposed changes to the On-site Sewage Facility Fees. Julie Anderson, RS, explained the reasons for the changes in fees. She said that they were still lower than the State and most counties. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the proposed changes. A copy of the fee schedule is attached. The next matter before the Court was a request for the approval of the Brazos County Inter-jurisdictional Mutual Aid Agreement. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Agreement. A copy is attached. The Court next considered the selection of two additional candidates to serve on the 2003 County Salary Grievance committee. The Court skipped to the next item while the names were being compiled. The next matter before the Court was a request by the Information Technology Department to purchase video conferencing and associated equipment. The approximate cost for the equipment is $19,400.00. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted VOL lis PAGE 7 Commissioners' Court meeting August 26, 2003 7 unanimously to approve the request to purchase the equipment. This is a budgeted expense with funds to come from Capital Projects. The Court proceeded to consider the following blanket Purchase Orders: Team Systems Jail $ 600 Ray Criswell Jail $1,200 Ecolab Jail $ 800 Brazos Wholesale Jail $ 600 Lilly Dairy Jail $3,400 Butterkrust Jail $1,600 Standard Coffee Jail $ 200 Glazier Jail $1,150 Cains Coffee Jail $ 600 Ben E. Keith Jail $1,450 Performance Food Jail $4,000 Sysco Food Serv Jail $7,300 US Foodservice Jail $7,300 Scarmardo Pro. Jail $8,000 The Eagle Purchasing $1,200 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered a request for approval of the contract with First Star Transport for armored car services. The term of the contract is from October 1, 2003 through September 30, 2004. The cost to Brazos County will be $225.00 per location per month. There will be five (5) locations. Pick ups will be made from each location, one time each day for a total of five (5) times a week. Commissioner Cauley VOL ti5 PAGE Icy Commissioners' Court meeting August 26, 2003 8 moved to approve. Commissioner Peters seconded the motion. Risk Management noted that no Certificate of Insurance was on file at this time. The Purchasing Agent said that this was a renewal that we have the original insurance but will get a new certificate. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract with First Star Transport upon receipt of new certificate of Insurance. A copy is attached. The next matter before the Court was to award Bid #2003- 042, Oil Changes. The Purchasing Agent recommended accepting the bid submitted by H&M Wholesale (Express Lube). On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to award the contract to H&M Wholesale (Express Lube). A copy of the bid tabulation is attached. The Court next considered awarding Bid #2003-041, Auctioneer Services. The Purchasing Agent recommended accepting the bid submitted by Swico Auctions for on site auctions and online auctions. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to to award the contract to Swico Auctions. A copy of the bid tabulation is attached. The Court next considered the request from Verizon to construct buried communications cable installation in the VOL 45 PAGE t~ Commissioners' Court meeting August 26, 2003 9 right-of-way of Elmo Weedon Road beginning at its intersection with Dyess Road and extending into Risky's Ranch Subdivision where it must be placed in the subdivision's Public utility Easement (total distance of cable installation is 2,256 feet). The site is located in Precinct 3. The County Engineer noted the following exception: The portion of the cable that extends into Risky's Ranch Subdivision must be installed in the Public Utility Easement. Commissioner Jones asked the Road and Bridge Department to emphasize the depth of cable problems with destruction of cable because Verizon is not placing cable at the required depth. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by Verizon subject to compliance with the exception noted by the County Engineer. A copy of the request is attached hereto. The Court next considered approval of the Re-Plat of Deer Park Subdivision Part of Lot 20, 10.01 Acres in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: Correct General Note # 7 to read: "15 ft. wide right of way dedication is provided along Deer Park Drive. It shall be completely cleared of all brush, trees and fencing." On motion by Commissioner Jones, seconded by Commissioner VOL us PAGE K Commissioners' Court meeting August 26, 2003 10 Cauley, the Court voted unanimously to approve the re-plat of Deer Park Subdivision Part of Lot 20, 10.01 Acres subject to the developer complying with the exceptions noted by the County Engineer. The County Judge took up item 17 that had been skipped to allow time to compile a list of names of candidates to serve on the 2003 Salary Grievance Committee. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to appoint the following individuals to serve on the committee: Melba Madison James Wallace The Court acknowledged receipt of additional reports from County and Precinct Offices showing revenues collected and remitted to the County Treasurer. A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard Said that the city was working on late hours of 1:15 a.m. to 2:00 a.m. concerning the serving of drinks in bars. He indicated that the County probably needed to take a look at the issue. He will try to find information on this and look at it. VOL s PAGE r 3 Commissioners' Court meeting August 26, 2003 I Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner mallard Reminded the Court members of the retreat at Reed Arena on September 19, 2003. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL 4-5 PAGE r ~ The foregoing minutes of the Commissioners Court meeting held August 26, 2003 have been examined and are approved in open Court this the 14day of 2003, in Bryan, Brazos County, Texas. Randy ms T Jone 25 CCount~j Judge Commissi ne , Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, Precinct rey C u ey, Jr. Commis Toner, Pre in 4 Attest: a en McQueen County Clerk VOL 415- PAGE 15- BRA.ZOS COUNTY'COMMISSIONERS COURT MEETING ONE 200 3 AT f Po A *a NAME ORGANIZATION/DEPARTMENT M S ~n fnI 3JZAZCS O, qEAcrH De 7. 2 2aS rYA;t p1 . iA~ ~ GJ C~./ co OL, VOLs AGE /Gr BRAZOS COUNTY'COMMISSIONERS COURT MEETING ON 200 a AT oo ft NAME ` *x ORGANIZATION/DEPARTMENT AL~ C) 10,4c~ sD So ~c2as Co. TK k7A vL VOL 45 GE 17 BRAZOS COUNTY 'COMMISSIONERS COURT MEETING ON~ ~200 Z AT g'ba NAME " Y ORGANIZATION/DEPARTMENT r. -Qu G ~ L. ~ja~'~CrvJ ~aIarS _TAW VOLS P WE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/0340.1 thru 02/0340.7 On this the 26'" day of August 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WIIEREAS, on August 26, 2003 the Court heard and approved a budget amendment for the 2002-2003 budget year for Brazos County, Texas. 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 August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 26°day of August, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: 16, vt~ - Rand ims County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 45` PAGE 1 l_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0340.1 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280020 603500 Dr. Food & Food Supplements $ 35,000.00 01 110015 611300 Cr. Contingency 35,000.00 Sheriff- Jail Administration To increase the 'ail food line item to allow ex enditures until the FYE 9/30/03. $ 35,000.00 $ 35,000.00 VOL 45 PAGE 46 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0340.2 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 301011 653500 Dr. Gasoline $ 750.00 01 301011 659500 Dr. Vehicle Maintenance $ 250.00 01 301011 715060 Cr. Rental-Office Space 1,000.00 Constable Pct, I To reclassify budget to allow unanticipated a enditures for the FYE 9/30/2003. $ 1,000.00 $ 1,000.00 VOL 45 PAGE 91 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03403 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 130001 710030 Dr. Armored Courier Srv $ 1,020.00 01 110015 611300 Cr. Contingency 1,020.00 Tax Assessor Collector To increase the Armored Courier Services to allow funds to cover the monthl contracted amount. $ 1,020.00 $ 1,020.00 a i VOL 45- PAGE 2- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-40.4 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280020 652000 DR Copier Maintenance $ 5,110.00 01 260010 652000 CR Co ier Maintenance 5,110.00 Jail - To move budgeted funds from CSCD support to Jail Division to cover copier maintenance. CSCD leased a copier for 02-03 and maintenance is included in the lease $ 5,110.00 $ 5,110.00 VOL 4~ PAGE 9,3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0340.5 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110100 722080 Dr. Court Appointed A -Juv $ 2,000.00 01 110015 611300 Cr. Contingency 2,000.00 Court Support Division To increase the budget to allow payments as mvided b the contract. $ 2,000.00 $ 2,000.00 VOL 45 PAGE ~4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0340.6 8/26/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 165001 676700 Dr. Copier $ 820.00 01 165001 652000 Cr. Copier Maintenance 820.60-- Purchasing To reclassi budget to allow the purchase of a Laser Jet Printer. $ 820.00 $ 820.00 MAIN= VOL Lt ,5- PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 0210340.7 8/26/2003, FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 231001 672300 Dr. Copier $ 3,100.00 01 231001 619310 Cr. Visiting Jude 1,100.00 01 231001 619000 Cr. Visiting Court Reporter 2,000.00 County Court at Law #2 To reclassi bud et to allow the urchase of a new copier from excess funds in the FYE 9/30103 budget. $ 3,100.00 $ 3,100.00 VOL z}6" PAGE ~26r PERSONNEL CHANGE OF STATUS ` F COURT DATE: August 26, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED DISTRICT ATTORNEY/ BAKER, BRIAN NEW HIRE - FULL TIME BLAKENEY, MELISSA RESIGNATION CRIME FUND BATCHELOR, MEGAN RESIGNATION SHERIFF'S OFFICE/JAIL ALONZO, PAULINE PROMOTION Approved in Commissioners' Court: Au ust 2 2003 County Judge's or Commissioner's Signature: (This copy to he attached to minutes) VOL 4S PAGED-7 lc) RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; Cause #27,402-C One half Undivided Interest in Lot 11, Block 2, Midway Place, City of Bryan Account R32892 Cause #31,909-85 A fifty foot by one hundred fifteen foot tract of land out of the Stephen F. Austin League Account 839904 No. 10, Abstract 63, City of Bryan, Brazos County, Texas, being more particularly described by metes and bounds in Volume 6, page 356, Deed Records of Brazos County, Texas, LESS AND EXCEPT a five foot by fifty foot tract described by metes and bounds in Volume 569, page 233, Deed Records of Brazos County, Texas, to which reference is here made for a more complete description. Cause #36,637-85 Lot 2, Block 30A; Lots I thin 5, Block 32, and Lots 6 thru 8, Block 41, Oak Grove Park 835015 Subdivision, City of Bryan, Brazos County, Texas Cause #37,234-272 2.440 Acres, more or less, out of the Jose Maria Barters Survey, Abstract 68, being more Account R77379 particularly descrbed in Volume 1039, page 521, Deed Records of Brazos County, Texas Cause #41,187-272 0.132 Acres, more or less, part of Block 11, Bryan's Second Addition, being more Account R20445 particularly described by metes and bounds in Volume 376, page 586, Deed Records of Brazos County, Texas Cause #42,792-85 Lot 19, Block 2, Higgs Addition, City of Bryan, Brazos County, Texas Account R28865 Cause #43,013-272 50 feet by 115 feet, more or less, out of Block 4, Bryan's Second Addition, City of Account R20386 Bryan, Brazos County, Texas, described by metes and bounds in Volume 137, page 95, Deed Records of Brazos County, Texas. Cause #43,219-85 87 feet by 100 feet, being part of Block 4, Bryan s Second Addition, City of Bryan, Account R20384 Brazos County, Texas, described by metes and bounds in Volume 139, Page 291, Deed Records of Brazos County, Texas Cause #44,683-361 Lots 1 through 3, Blook 3, Gentry-Griffin Addition to the City of Bryan, Brazos County, Account R27952 Texas, being that property more particularly described in Volume 1762, Page 112 of the Official Records, Brazos County, Texas Cause #45,300-272 Lot 7, Block 4, Lopez Subdivision, an addition to the City of Bryan, Brazos County, Account R31709 Texas, being that property more particularly described in Volume 1120, Page 800 of the Official Records, Brazos County, Texas Cause #45,393-85 Part of Lot 4, Block 1, Thomas Heights Addition to the City of Bryan, Brazos County, Account R44996 Texas, being that property more particularly described in Volume 1031, Page 280 of the Official Records, Brazos County, Texas Page I of 5 VOL 46- PAGE PA' Cause #45,484-272 Lot 11, Block 2, Zimmerman Addition, City of Bryan, Brazos County, Texas Account R51195 Cause #45,911-272 East one-half (E. 1/2) of Lot 2, Block 187, Original Town of Bryan, Brazos County, Account R77928 Texas Cause #46,075-85 3.67 acres, more or less, known as Reserve Tract, Hollow Heights Subdivision, Brazos Account 829306 County, Texas, being 5.78 acres described in Volume 513, Page 128, Deed Records, Brazos County, Texas, less and except 2.11 acres described in Volume 776, Page 210 and Volume 839, Page 220, Official Records, Brazos County, Texas Cause #46,761-272 Lot 5, Block 1, Redden and Thomas Addition, City of Bryan, Brazos County, Texas Account R38759 Cause #47,345-85 Lot 6, Block 31, Castle Heights Addition, City of Bryan, Brazos County, Texas Account R21664 Cause #47,631-85 34 feet by 100 feet, more or less, fronting on Ettle Street, out of Lots 1 and 2, Block 6, Account R17529 Austin Addition, City of Bryan, Brazos County, Texas, described in Volume 157, Page 133, Deed Records, Brazos County, Texas Cause #48,359-361 Lot 13, Block 3, Sunset Addition, City of Bryan, Brazos Account R44654 County, Texas Cause #48,520-361 Part of Lots 6 and 7, Block 47, City of Bryan, Brazos County, Texas, being that property Account 822202 more particularly described in Volume 1465, Page 296 of the Official Records, Brazos County, Texas . Cause #48,545-272 Lot 11, Conlee Addition #2, City of Bryan, Brazos County, Texas Account R24287 Cause #48,837-272 Part of Lots 1 and 2, Park Heights Addition, City of Bryan, Brazos County, Texas, Account R36941 described by metes and bounds in Volume 537, Page 403, Deed Records, Brazos County, Texas Cause #48,873-272 Lot 16, Block 4, Austin Addition, City of Bryan, Brazos County, Texas Account R17511 Cause #49,006-361 Lot 8, Block K, Jongs-Brock Subdivision, City of Bryan, Brazos County, Texas being Account R30257 that property more particularly described in Volume 1133, Page 434 of the Official Records, Brazos County, Texas. Cause #49,290-272 The Southwest Part of Lot 14, Block 4, East Brazos Industrial Park Phase 2 Addition, Account 826148 Brazos County, Texas, descnbed by metes and bounds in Volume 598, Page 913, Deed Records, Brazos County, Texas Cause #49,449-85 Lot 6, McQueen Subdivision, City of Bryan, Brazos County, Texas being that property Account R32548 more particularly described in Volume 208, Page 235 of the Deed Records, Brazos County, Texas. Cause #49,464-85 Lot 2, Block 1, Candy Hill #1, City of Bryan, Brazos County, Texas being that property Account R20830 more particularly described in Volume 453, Page 1 of the Deed Records, Brazos County, Texas. Page 2 of 5 VOL 45 PAGE . Cause #49,46485 Lot 10, Block 68, City of Bryan, Brazos County, Texas being that property more Account R22318 particularly described in Volume 407, Page 23 of the Deed Records, Brazos County, Texas Cause #49,604-361 0.291 acres, more or less, known as Lot 11, Block 7, Bryan's Second Addition, City of Account R20402 Bryan, Brazos County, Texas, on Congress Street approximately 106 feet from the northeast intersection of Congress and Martin Luther King Streets, described by metes and bounds in Volume 907, Page 761, Official Public Records, Brazos County, Texas Cause #49,606-85 .50 acres, more or less, Stephen F. Austin League No. 10, Abstract 63, City of Bryan, Account R39989 Brazos County, Texas, described by metes and bounds in Volume 108, Page 269, Deed Records, Brazos County, Texas Cause #49,661-361 Lot 13, Block 1, Restmeyer Addition, City of Bryan, Brazos County, Texas Account R3 8902 Cause #50,101-85 Lot 1, Block 3, Briarwood Retreat, Brazos County, Texas being that property more Account R19852- particularly described in Volume 323, Page 241 of the Deed Records, Brazos County, Texas Cause #50,101-85 Lot 12, Block 3, Briarwood Retreat, Brazos County, Texas being that property more Account R19863 particularly described in Volume 323, Page 241 of the Deed Records, Brazos County, Texas Cause #50,138-272 Part of Lots 1 and 2, Park Heights Addition to the City of Bryan, Brazos County, Texas, Account R36933 being that property more particularly described in Volume 438, Page 212 of the Deed Records, Brazos County, Texas Cause #50,143-85 Lot 2, Block B, Starlight Addition to the City of Bryan, Brazos County, Texas being that Account R44369 property more particularly described in Volume 2884, Page 218 of the Official Records, Brazos County, Texas. Cause #50,145-361 Lot 9, Block 3, Tract 511, Stephen F. Austin #10 Addition to the City of Bryan, Brazos Account R39905 County, Texas being that property more particularly described in Volume 585, Page 673 of the Official Records, Brazos County, Texas Cause #50,147-272 Lot 2, Block 15, Castle Heights Addition to the City of Bryan, Brazos County, Texas Account R21473 being that property more particularly described in Volume 285, Page 514 of the Deed Records, Brazos County, Texas. Cause #50,624-361 Lot 9, Block 182, City oLBryan, Brazos County, Texas, and a Mobile Home, Serial Account R22908 #N210067, Label #TE~X0281432 being that property more particularly described in Vol. 349, Page 557 of the Deed Records, Brazos County, Texas Cause 50,667-272 0.33 Acres, Lot 11.2 (Tract 72), Block 3, Moses Baine Add. to the City of Bryan, Brazos Account R33600 County, Texas being that property more particularly described in Vol. 362, Page 192 of the Deed Records, Brazos County, Texas. Cause #50,766-85 South 1/2 of Lot 22, All of Lots 23, 24, 25 and 26, Block 32, revised Plat of Castle Account 821676 Heights Subdivision in the City of Bryan, Brazos County, Texas being that property more particularly described in Volume 1209, Page 405 of the Official Records Brazos County, Texas. Page 3 of 5 VOL its PAGE 30 Cause #51,100-361 Lot 6, Block 1, Redden and Thomas Subdivision, City of Bryan, Brazos County, Texas Account R38760 being that property more particularly described in Volume 336, Page 737 of the Deed Records, Brazos County, Texas. Cause #51,102-85 Lot 33, Block D, Jones (SFA #9) Addition to the City of Bryan, Brazos County, Texas Account R30318 being that property more particularly described in Volume 544, Page 306 of the Deed Records, Brazos County, Texas Cause #51,260-85 Lot 16, Block 18, Castle Heights Subdivision, City of Bryan, Brazos County, Texas Account R21509 being that property more particularly described in Vol. 242, Page 73 of the Deed Records, Brazos County, Texas. Cause #51,559-272 Lot 11 and 12, Block 3, Sunset Addition, City of Bryan, Brazos County, Texas Account R44653 Cause #51,563-85 Part of Lot 22, Block 1, Wiley B. Higgs Addition, City of Bryan, Brazos County, Texas, Account R28851 described in Volume 111, Page 144, Deed Records, Brazos County, Texas. Cause #52,386-85 Lot 5, Block 11, Lopez Subdivision, City of Bryan; Brazos County, Texas more Account R31755 particularly described in Volume 207, Page 552 of the Deed Records, Brazos County, Texas Cause #52,606-85 Northwest 19 feet of Lot 9, Kernole Subdivision, City of Bryan, Brazos County, Texas, Account R82808 being that property more particularly described in Volume 513, Page 306 of the Deed Records, Brazos County, Texas. Cause #52,611-361 Lot 23, Block 1, Fannin Heights Addition to the City of Bryan, Brazos County, Texas Account R27250 being that property more particularly described in Vol. 449, Page 460 of the Deed Records, Brazos County, Texas Cause #52,189-361 Lots I and 2, Block 1, Yeager Addition to the City of Bryan, Brazos County, Texas Account R50906 being that property more particularly described in Volume 130, Page 350 of the Deed Records of Brazos County, Texas. Cause #25,940-B Lot 6, Block 6, Sunset Subdivision #2, City of Bryan, Brazos County, Texas Account R44728 Cause #26,551-85 One acre, more or less, out of the John Williams League, Abstract 237, Brazos County, Account R16536 - - Texas, more particularly described in Volume352; Page 10; Deed Records, Brazos . County, Texas Cause #26,623-85 Lot 7, Block 6, Sunset No. 2 Addition, City of Bryan, Brazos County, Texas Account R44729 Cause #51,287-272 Lot 3, Block 3, Oliver Revised Addition, City of Bryan, Brazos County, Texas AccountR36595 Cause #51,298-361 An undivided 66.67% interest in Lots 3 and 4, Block 1, Castle Heights Addition, City of Accounts R21345, Bryan, Brazos County, Texas R21346 Cause #52,453-361 5.36 acres being part of Lots 8 and 9, Park Heights Addition to the City of Bryan, Brazos Account R36950 County, Texas, being that property more particularly described in Volume 402, Page 695 of the Deed Records, Brazos County, Texas. Page 4of5 VOL 467 PAGE 31 Cause 53,531-272 Lot 6, Block 1; Lots 1, 2, 3, Block 4; Lots 1, 2, 4, Block 5, Timberwilde, Subdivision,. Accounts R45288, Second Installment, Brazos County, Texas ` R45308, R45309, R45310 R45320, R45321, R45323 and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the uses and benefit of itself and the taxing units for which it collects property taxes, pursuant to Section 34.01 (c) Property Tax Code; and WHEREAS, TEx. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County-of Brazos, Texas.hereby-directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in October, 2003 in the manner prescribed by the Texas Rules of Civil Procedure and § 34.05 (c) and (d) of the TEx. PROP. TAx CODE. PASSED, APPROVED AND ADOPTED this,,?&' day of v 2003. (founty Jud Co 's oner inct Commissioner, Precinct #2 Commissioner, POecinct #3 Comm'ssi /err,,{1 cinct #4 ' s a,l / IC c C ty Clerk Page 5 of 5 VOL 46- PAGE 32- PIN (14 characters only): 17460004330038 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the state of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and Brazos County, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agrecrnent, the Subgrantee is designated as a(n): ❑ State Agency ❑ Non-Profit Organization ® Unit of Local Government ❑ Educational Institution ❑ Other (describe): AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2004. Project Title: Comprehensive Underage Drinldng Enforcement Program Brief Project Description: To deter licensed establishments and its employees from selling alcoholic beverages to underage persons and educate the student parent and retailer on the dangers of underage consumption of alcoholic beverages in Brazos and surrounding counties Grant Period: The Grant becomes effective on October 1.2003, or on the date of final signature of both parties, whichever is later, and ends on September 30, 2004 unless terminated or otherwise modified. Ma>dmum Amount Eligible for Reimbursement: $46.204. The following attachments are incorporated as indicated as a part of the Grant Agreement: ■ Attachment A, Mailing Addresses ■ Attachment B, General Terms and Conditions (TxDOT Form 1854) ■ Attachment C, Project Description (TxDOT Form 20767 ■ Attachment D, Action Plan (TxDOT Form 1852) ■ Attachment E, Project Budget ('IkDOT Form 2077 or 2077-LE) ❑ Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page I of 2 TxDOT Form 2075 (rev. 811512003) urny_ l!-S ~nr_c 33 Project Title: Comprehensive Underage Drinldng Enforcement Prop urn TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will include, but not be limited to, the following: performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS Brazos Coun Executed for the Executive Director and approved [Legal N Of A y] for the Texas Transportation Commission for the purpose and effect of activating and/or carrying BY out orders, established policies or work programs [Authorized S' ature] approved and authorized by the Texas Randy Sims Transportation Commission. [Name] By County Judge District Engineer [Title] Texas Department of Transportation Date: oc (For local project grants under $100,000 or i for grants of $100,000 or more that are recommended for approval.) Under authority of Ordinance or Resolution Date: Number (for local governments): By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Page 2 of 2 7kDOT Form 2075 (rev. 811512003) VOL 1.}SPAGE 34 Project Title: Comprehensive Underage Drinking Enforcement Program Attachment A_. MaMnLr Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgramtee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Sabgrantee (Project Director): Name: Jim Kuboviak Tide: Brazos County Attorney Organization: Brazos County AttornWs Office Address: 300 Bast 26* Street. Suite 325 Bryan, Tx 77803 Phone: (979)3614300 Fax: (979) 361-4357 F,mafl:.),,uboviak@txcyber.com Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However, the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Kirk Barnes Title: Trans. Operations Engineer / Traffic Safe Specialist Organization: Tx Department of Transportation Address: 1300 N. Texas Avenue Bryan, Tx 77803 Phone. 979)778-2165 Far. (979) 778-9709 E-mail: Page I of I 7kDOT Form 2075 (rev. 811512003) VOL 46~- PAGE Attachment B Project Title: Comprehensive Underaee Drinldn Enforcement Program Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR, Part 18; 49 CFR, Part 19 (OMB Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees perfomring project work F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have faintly, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. Page 1 of 11 TOOT Form 1854 (rev. 81812003) VOL 146-.PAGE 31n Attachment B Project Title: Comprehensive Underage Drinking Enforcement Program L It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC• the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. it will ensure that all information collected, as or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. if Attachment E, Traffic Safety Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments made hereunder will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category in the approved Project Page 1 of ll TxDOT Form 1854 (rev. 81812003) VOL 1+~ PAGE 57 Attachment B Project Title: Comprehensive Underaee Drinldrig Enforcement Program Budget without a grant (budget) amendment, as long as the overrun does not exceed five (5) percent of the maximum amount eligible for reimbursement in the budget for the covered fiscal year and there is also a commensurate undemm elsewhere in the Project Budget. The Subgrantee must provide written notification to the Department of an overrun of five (5) percent or less in order for there to be approval of the Request for Reimbursement. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent change, and the specific reason(s) for the overran. Any overrun of more than five (5) percent of the amount eligible for reimbursement in the budget for the covered fiscal year requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total Department (TxDOT) amount in the approved Project Budget as a result of exceeding a budget category without a written grant amendment. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal funds to support personnel or an activity already supported by local or state fiords. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal funds are limited to the length of this Grant Period, which is specified on page I of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and which have demonstrated performance that is acceptable to the Department. Page 3 of 11 aDOT Form 1854 (rev. 81812003) VOL 45 PAGE 3 8 Attachment B Project Title: Comprehensive Underage Drinking Enforcement Prot!ram ARTICLE 4. LEffrATION OF LIABILiTy Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Dcpartmeni may so notify the Subgrantee to continue this agreement. ARTICLE S. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgramee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgnantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. Page 4 of 11 7kDOT Form 1854 (rev. 81812003) VOL Lf5" ?AGE 3 i Attachment B Project Title: Comprehensive Underage Drinking Enforcement Pro raam The Subgrantee shall submit the Final Performance Report and Administrative Evaluation Report within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE & RECORDS The Subgnmtee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees,.all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantec, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. Page 5 of 11 ADOT Form 1854 (rev. 81812003) VOL 1f5 PAGE" Project Title: Comprehensive Underage Drinking Enforcement Program Attachment B The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director acting as referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall he performed in such a manner as will not unduly delay the work ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. Page 6 of ll TzDOT Form 1854 (rev. 81812003) VOL 'Rig PAGE `F I Project Title: Comprehensive Underage Drinking Enforcement Prommm Attachment B ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrautce, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantce breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under,this Agreement, or will be able to obtain such personnel from sources other than the Department. . All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work Page 7 of II TxDOTForm 1854 (rev. 81811003) VOL 46-PAGE 'fa Attachment B Project Title: Comprehensive Underage Drinking Enforcement Program ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgmntee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20, OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased withgrant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will bejoint ownership. C. AU rights to Subgrantee. Classes and materials initially developed by the Subgramee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgramee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A_ Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). page 8 of 11 TxDOT Form 1854 (rev. 81812003) VOL 4.5 PAGE ~ 3 Attachment B Project Title: Comprehensive Underage Drinking Enforcement Program B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E.. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, -m the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state, and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal fiords. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal fiords. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Page 9 of 11 TxDOT Form 1854 (rev. 81812003) VOL L~5 PAGE ' Attachment B Project Title: Comprehensive Underage Drinking Enforcement Pr am - Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantec certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgramee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 10 of I I TxDOT Form 1854 (rev. 81811003) VOL H 6- PAGE 4-6- Attachment B Project Title: Comprehensive Underage Drinldng Enforcement Program C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. C MILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrautee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www,dot.state.tx.us/eso/default. htm. Page 11 of 11 TxDOTForm 1854 (rev. 81812003) VOL 4 SPAGE ~ Attachment C- Project Title: Comprehensive Underage Drinking Enforcement Program Name of Subgrantee: Brazos County Traffic Safety Project Description L OBJECTIVES: A. To complete administrative and general grant requirements by 9/30/2004 as defined in the Action Plan (Attachment D). B. To support grant efforts with a public information and education (PI&E) program by 9/30/2004. as defined in the Action Plan (Attachment D). C. To conduct public education programs on youth alcohol issues by 9/30/2004. D. To develop an inter-agency task force of law enforcement agencies to conduct educational programs and sting operations by 9/30/2004. E. To conduct minor sting enforcement activities targeting those who provide alcohol to minors by 9/30/2004. F. To file administrative charges on licensed establishments that sale or serve alcohol to minors by 9/30/2004. G. To file criminal charges on employees of establishments that sale or serve alcohol to minors by 9/30/2004. H. To identify and file criminal charges of persons who make alcohol available to minor by 9/30/2004. I. To identify and file criminal charges of persons who possess fictitious or altered identification by 9/30/2004. J. To issue citations for Minor in Possession violators by 9/30/2004. II. PERFORMANCE MEASURES AND ANNUAL TARGETS: The following performance measures and targets, when applicable, shall be included in each Performance Report (Form 1871) and summarized in the Final Performance Report and Administrative Evaluation Report (Form 1874): Measure Target Number of presentation/educational activities conducted 12 Number of agencies conducting education and sting 4 operations. Number of minor stings conducted. 50 Number of administrative cases filed on sellers/servers 40 for selling alcoholic beverages to minors. Number of criminal cases filed on establishments for 40 sellingtserving alcoholic beverages to minors. Number of criminal cases filed for malting alcoholic 24 beverages available to minors. Number of criminal cases filed for possession of 12 Traffic Safety Project Description Page 1 of3 ADOTForm 2076 (Rev: 811512003) VOL 46 PAGE Project Title: Comprehensive Underage Drinking Enforcement Program Attachment C Subgrantee: Brazos County fictitious or altered identification. Number of Minors in Possession violators cited. 100 M. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan (Attachment D). B. Submit all required reports to the Department fully completed with the most current information and within the required times, as defined in Articles 3 and 7 of the General Terms and Conditions (Attachment B). This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay processing and approval of any related Requests for Reimbursement (Form 1858). C. A Final Performance Report and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted on Department approved forms no later than thirty (30) days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities and to discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. If applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Contact the Department regarding PI&E procedures. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or an activity ah-eady supported by local or state funds. 1. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. IV. RESPONSII311,ITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: I. review of periodic reports Traffic Safety Project Description Page 2 of 3 TkDOT Form 2076 (Rev: 811512003) VOL_IL!~_PAGE L19 Project Title: Comprehensive Underage Drinking Enforcement Program Attachment C Subgrantee: Brazos County 2. physical inspection of project records 3. telephone conversations 4. a-mails and letters 5. meetings. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in Traffic Safety Project Budget (Attachment E). Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the agreement. E. Perform an administrative review of the project at the close of the Grant Period to include a review of adherence to the Action Plan (Attachment D) and Traffic Safety Project Budget (Attachment E) and the attainment of objectives. V. PROGRAM INCOME: If referenced and approved in the Highway Safety Plan and Grant Agreement, a Subgrantee may generate or earn program income from grant-supported activities. Such earnings may include, but will not be limited to, income from service fees, sale of commodities, usage or rental fees, and royalties on patents and copyrights, If included in the grant budget, approved costs paid for with program income can be used as project match. All program income earned during the Grant Period shall be retained by the Subgrantee and, in accordance with the grant or other agreement, shall be added to federal funds committed to the project and be used to further eligible program objectives. Program income that remains unexpended after grant end shall continue to be committed to the original grant objectives. DYafc Safety Project Description Page 3 of 3 TxDOT Form 2076 (Rev: 811512003) VOL 45-PAGE 4'61 D 0 d w O as u Imo ~ as a a m Q ca E c a a. a. ya8m iuunii ' as Yn.o" z-3 as oaa 0 a. CL F a m o. a o a a.an. a W LL a a as c as a_ a. a z as 0 2 c onaa a ~ CL of E M o Z r o 0 CL ` m m oa E y 0 0 D m m m 0 m o m Z c c c c c c c a' V E o a° :o~E~EE 12 E ~°@ ~ a m I W 7 7 m 7 7 7 7 7 01 ,a c KV)rg0hh Ny NO co W c 2 m m a > m .c N m m C co m c 12 ca 12 (~D M J m Q Q F E V Q .7 ~ E V "v y m W m N m E ! C C c r E m E N a j2 E -r- m E CD c v > m N Q= W c `m c m E~ a3i c m ` V W a1 rL m 'm M 'C E o CO) a _c8E2iaam o O E 'O m 8 O m p o a F o V O N M m o a E .Q W o _ m F- C a m o me E W F- m m v o ,C a V F E E o c E E E? o v E Z3 pg¢ N ~p p _ € (A co 2Qlq co WWS Vfgm n li a co 0 Q fV PM a u1 (6 n cG W VOL 46' PAGE o Z v U O s v m m y a s cE!' as aS> Q ' a a Y nO a a Z O a a d~ a a W a N a a a 0 LL as a, a a W a a O a Z an aaa w Q «s paaa as a ..A E c 0. cl 12 O N :3 Wj v m N m ami m m c = m m c c EE c c c c c 4 Q E a L° L° L° f E L° L° o> m rn C O W 0) co O co co co co U) N K co W 0 m c c n C U $ ~ w a m E r v 3 L _L ~t D a `z4 P of m m m ) m °m ra ~o c m N m R ~ a E o" C pC C n N W W $ m U 12 c m m m m ca m m r N E E E« j v m a y C o Yu n m y m a m 0 m (D E m 0 p m n E> ID 8 W m > m 2 2 W f- a S l'i c y F Z W e m m m Q 8 c o a m m 5 a U Fw m € o x > C _ > a ° o c O in -Wi r'no¢a~woc~aw LL a h O vuimr~: adoi VOL !ILPAGE 51 O 3 Z O E Ei O O U O t m N (w/) a s a a a 0 Q ao•r a an. a a am x is o~ a s a a a a y Z' a c. a a a m c Q o ~ a #LD- a a a C ° o w °d a a a (L a a a a.3: h LL a a. a a a m c ' c ID < a n. a a a a o g~ c as a a as co z a. CL a a as H Za y 4) o a a s a s a 1 E R CIC zo yr_ o 0~ c `9° m m C41 2 Z w m m m 4 V o m:a a E E E E E 1 E 2 CD a 0) tm 0) 0) Q O CD W 7 > > C C N co co W m $ m m c Y1 v o' a v 'O IO c E m r r_ C L E O C :5 cc 8 4) Emg mm m m a) C m W.9 C x y O Y $c> a mE E So N b N m 9 O O U 0 O O o O p D c ~ L w m m 8 m m 3 y m > N N y U E c m m O O O N .p £1 m C m O> O.> O C a O C C m m .o+ E m m E m m L' m 12 m 7 N m O m[f~L m L O. O G C m O C~ C V C P.2 C V C a C m L) 3 c y aa) r m R 'o 0-6 0 E yob °c 0 co f0 m O) L m Lo O N O N m C~ IF E N j$ Q) $ L11 1 2) o 0 U WE m~ ~m wM(o m g W co 9 m C O 2 U g (I RI U C N~ C' o .o cE C mm mm mmToN ° ell w f- m V 0. a E C C N C >N C Q ^ p F to oc ovo E`o Ew o~c H Z m°v mm"5 m5 cTS m U 2 & ho8 m o m2 my mL° mm y Y g N C 9 1: IF IF ~F m 1r m w O O O O m O O m O O 7 1,9 f. :3 C13 0 IL L U) O Q N vs t{ N f0 1~ Q VOL y$ PACE 5a Attachment E r r Form2077 of (rev .0/8I2003) Page 1 1 of 2 Traffic Safety Project Budget Project Title: Comprehensive Underage Drinking Enforcement Program Name of Subgrantee: Brazos County Fiscal Year: 2004 (Round figures to nearest dollar) Other/ Program TzDOT StateaAcal Income TOTAL Budget Category I - Labor Costs (100) Salaries ® Overtime or ❑ Regular Time Salary rates are estimated for budget purposes only. Re- imbursements will be based on actual costs per employce in accordance with Subgrantee's payroll policy and salary rate. List details (specify title, salary rate, and percent of time): A. Grant Coordinator-12% of Annual S-alarv Fulltime 19,437 19,437 B. Peace Officers - Brazos County Employees - Rate varies by emolovee. 5,840 5,840 C. Undercover Minors -$i5001hr 36.Ohour sessions. 3,240 3,240 D. 0 E. 0 F. 0 0. 0 H. 0 I. 0 J. 0 K 0 Total Salaries 9,080 19,437 0 28,517 (200) Fringe Benefits* List details (specify title and fringe rate): A. Grant Coordinator - Fdnae Rate = 28% of Local Match figure 5,442 5,442 B. Peace Officers - Brazos County Employees F6nae Rate = 22"A. 1,284 1,284 C. Undercover Minors - Fringe Rate = 22%. 712 712 D. 0 E. 0 F. 0 0. 0 H. 0 1. 0 J. 0 K 0 Total Fringe Benefits 1,996 5,442 0 7,438 (300) Travel and Per Diem* Soo 500 Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses -not to exceed the limits reimbursable under state law. I. Total Labor Costs (100 + 200 + 300) 11,576 24,879 0 36,455 * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) S3 yp~ q6-PAGE Attachment E TxDOT Form 2077 (rev. 8/812003) Project Title: Comprehensive Underage Drinking Enrorcement Program Page 2 of 2 Subgrantee: Brazos County Fiscal Year: 2004 (Round figures to nearest dollar) Other/ Program TxDOT StateA oval Income TOTAL Budget Category H - Other Direct Costs (400) Equipment* 250 250 (500) Supplies* 313 313 (600) Contractual Services* 24,195 24,195 (700) Other Miscellaneous* A Public information & education (PI&E) materials..... 250 250 1. Educational items = $0 (examples: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = $250 (examples: key chains, magnets, pencils, pens, mugs, etc.) B. Other* 9.620 9,620 Total Other Miscellaneous 9,870 0 0 9,870 n. Total Other Direct Costs (400 + 500 + 600 + 700)....... 34,628 0 0 34,628 Budget Category M-Indirect Costs (800) Indirect Cost Rate* (at _*1,) 0 Summary: Total Labor 11,576 24,879 0 36,455 Total Other Direct Costs 34,628 0 0 34,628 Total Indirect 0 0 0 0 Grand Total (I II + III) 46,204 24,879 0 71,083 Fund Sources (Percent 65.00% 35.00% 0.00% • Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) VOL 4S'-PAGE 54 BUDGET DETAH. FY2004 (300) Travel and Per Diem TxDOT State/Local TOTAL Personnel to attend Project Coordinator's school 500 500 Mileage(doctrmentation of rate is Required prior to reimbursement), Airfare, car rental per diem, etc, (400) Equipment (specify type1quantity) 1. Maintenance and Repair of Existing equipment 250 250 (500) Supplies 313 313 1, Items used for Concealment 2. Videotapes 3. Office Supplies (600) Contractual Services 24,195 24,195 1, Peace Officers -Contractual 19,675 19.675 @ $25.00 per Hour 287 Hours = $19,675 2. Video Recorder (person,) 2,520 2,520 @ $17.50 per Hour 144 Hours = 2 520 3. Instructor (to be used in Public .2,000 2,000 Education and Presentations to Schools) @$25.00 per Hour 80 Hours = 2 000 Page 1 of 2 VOL 46- PAGE 356 BUDGET DETAIL FY2004 (Continued) TxDOT STATE TOTAL (700) Other (A) Public Information & Education (PI&E) Materials 250 250 Promotional Items = 250 (examples: key chains, magnets, pencils, pens, mugs, etc.) (700) Other (B) 9.620 9.620 Imyress "Buy" Funds 1,000 1,000 (to be used in sting operations) Mile age 7,500 7.500 25.000 miles @ $30 per mile 'Rate used only for budget estimate Reimbursement will be made according to Approved subgramors average cost per We to operate patrol vehicles, not to exceed $30 per mile. Documentation of cost per mile is required prior to reimbursement. Mileage for other Agency Vehicles _ 1,120 1,120 4,000 miles @ $30 per mile Page 2 of 2 VOL PAGE 5~ CI *%lvw O N o~ VOL yS PAGE 57 N C~, h ry '1'J•Y F pµY JAMES M. KUBOVIAK COUNTY ATTORNEY BRAZOS COUNTY, TOM TELEPHW*(4" 361-4300 FAC(4M361•435T 8 *WF-2261H$TS,92S E ' BAYAN•tE7(Ay ~60SS>27 BRAZOSCOUNTY, TEXAS SEATBELT POLICY it is the policy of Brazos County to follow State Law requirements for seatbelts. 1 I VOL 45) PAGE °~g a ~ rte. ' DRAMS COIJNTy POLICY ON COMPENSATORY TIME MR OVERTINg Unless prior approval is 'received from Commissioners' compensatory time may be taken within 2 pay periods $ days) win xssioners Court, accrual, or the compensatory time wil-I be ca hed Out at neandfone- 0. 1/2) times the employee's regular rate of pay. half The County will pay the employee, on the last payroll of each month, for all compensatory time eaa<ned, recorded and not taken from the previous month.- 'The payroll offiber'is authorized to pay only the compensatory time that has .bee.n properly reportgd and recorded. One and one-half (1 1/2) hours of Compensatory time off are granted for each hour of overtime worked. Exempt employees do not qualify for compensatory time accrual. Compensatory time off may lie taken within a reasonable time after the employee requests it,. as long as such use doe's not unduly disrupt the operation of the department in which the employee is employed. Compensatory time off will be paid for at the rate of-pay the employee earning when the time off is•takeln. ~If the employee's employment with Brazos County •gnds, any unused pir iompehsatory time off will be cashed out at the employee's regular rate t the time of separation. If the employee's regular rate at separation is lower than his/her average regular rate for the 3 years prior to separation,, then the average for the period (up to 3 yegaggj preceding.-'- separation wil-1 be used. Any employee-who has any questions; problemi,-or objections concerning this policy should discuss the matter with his/her supervisor, or the Personnel Department. Adopted this ara day of ~E~r~rrt G 1996. loin 14. nes County Judge Y on ndic tia el' Con 1• •sioncc, Pc l' 1 Con,nircionec ' ~ r 1~ : LGa < P~ ~ --'C. CCy/Cnn lcr. Jr. Ccirr.:i zea iunc r• PcC .l - - VOL 4') PAGE VOL 4~ PAGE° THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the 26th day of August 2003, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, and the COUNTY OF BRAZOS, State of Texas. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, the BRAZOS COUNTY is desirous of employing the services of Texas Voting Systems, Inc. in connection with the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION be held on September 13, 2003 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: I TEXAS VOTING SYSTEMS, INC. will provide the following supplies: (a) Fifty-one (51) custom gathered election sets to include the five Early Voting locations, one Early Voting Ballot Board set and one Central Counting set. (b) Wire pad lock seals (c) Precinct polling place supply packs as required (d) Training material and supplies (e) Banner for use during the election II TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) All required programing for above mentioned election. (b) Deliver, set up, pick up and monitor training of Election Judges and Clerks (c) Predefine eSlates (voting devices) and Judge's Booth Controllers (JBCs ) (d) Deliver, set up and pick up all equipment for he Early Vote locations (e) Deliver and pick-up equipment for election day (f) Back up and reset eSlates (voting devices) and Judge's Booth Controllers (JBCs) after the election (g) Assist with Early Voting as required. (h) Assist with assembling all supplies for use in the individual precincts. (i) Assistance on election day, as required, to include the Central Counting Station. 0) Provide any consulting services before and after the above mentioned election. (k) Provide help crew on election day. (I) Two trips to Austin to deliver faulty equipment for repair. VOL W5 PAGE (o I rn - The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION to be held on September 13, 2003: (a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the Central Counting Station. (b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned election. (c) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places, and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. !V The consideration to be paid by the BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services rendered and supplies provided by said corporation for the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION to be held on September 13, 2003 is NINETEEN THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS AND NO CENTS ($19,886.00). IN WITNESS WHEREOF, the parties have hereunto set their hands, this 26ie day of August, 2003. COUNTY OF BRAZOS TEXAS VOTING SYSTEMS, INC. Randy S~} s Hillie D. Sims Cowrty fudge Vice President ATTEST: Karen McQueen County Clerk wefwions2:BCo M Ca AmeM.mo VOL 45 PAGE THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared Hillie D. Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of August, 2003 Notary Public in and for Brazos County, Texas THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State on this day personally appeared -lClryl y Simms acting in his capacity as County Judge for Brazos County, Texas known to be to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the . &y of August, 2003. IODE- BB OCFCLEOOE NOTARY 1C STFIE aF TErAS coaaiseiow errors: Notary Public in and for Brazos C my, Texas JULY 8, 2007 sdoaa¢d:BCa 2007 ems Amnd= VOL 4.5 PAGE 63 es>FFF BRAZOS COUNTY OFFICE OF THE i OPK~s l I _ CHRISTOPHER C. KIRK tJ UNty JIM MANN, CHIEF DEPuTy cyq~s K~pr . WAYNE DICKY, JAIL ADMINISTRATOR To: County Judge Randy Sims Commissioner Tony Jones Commissioner Duane Peters Commissioner Kenny Mallard Commissioner Carey Cauley, Jr. From: Jail Administrator Wayne Dicky V.Z) Date: Friday, August 15, 2003 Subject: Renewal of Annual Contract for Inmate Transportation Services I have attached the annual contract with TransCor America for the 2003-2004 fiscal year. Please place this item on the August 26, 2003 Commissioner's Court agenda for approval. cc: Sheriff Christopher C. Kirk Pat Howard, Purchasing Agent OFFICE (979) 361-4100 40 ADMINISTRATION (979) 361-4148 40 FAx (979) 361-4170 VOL_yS PAGE Zoo PRISONER TRANSPORTATION CONTRACT THIS AGREEMENT is entered into by and between the Brazos County Sheriffs Office, Bryan, Texas, (hereinafter referred to as the "Department'); and TransCor America, LLC, a Tennessee limited liability company, and its wholly owned subsidiary, Tri-County Extradition, Inc., a California corporation (hereinafter collectively referred to as the "Contractor"). This agreement is entered into this first day of October, 2003, will run continuously through September, thirtieth, 2004 unless modified by either party with thirty (30) days written notice, and agreed upon by both parties. WITNESSETH That the parties, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by and between the parties, for the term and under the conditions hereinafter set out, agree and contract as follows: GENERAL PROVISIONS 1. Upon the request of the Department, agents of the Contractor shall assume custody of prisoners committed to the custody of the Department and provide interstate and in-state transportation of said prisoners from and to locations designated by the Department. 2. In assuming custody of such prisoners the Contractors agents shall perform their responsibilities for security and control of prisoners in accordance with all state and federal requirements. In the event that there are no written policies or procedures, the Contractor shall follow reasonable, customary operating procedures. 3. In the event of unusual incidents, emergencies, and/or controversial situations that arise in the performance of their services to the Department, the Contractors agents shall report such incidents to the Department in accordance with the Department's directives. For purpose of this paragraph "unusual incident, emergency, or controversial situations" include but are not limited to any act of violence by a prisoner or other passengers, any escape or attempted escape of a prisoner or any other breach of security, any excessive delay in the transportation of a prisoner, any medical condition of a prisoner or other passenger requiring emergency medical treatment, any mechanical failure that would normally require formal reports to the cognizant regulatory agency and any refusal of law enforcement agencies to release a prisoner to the Contractor as authorized or directed by the Department. 4. Agents of the Contractor shall assume custody of such prisoners from authorized agents of the Department, at the location of incarceration determined by the parties to be suitable for such purpose, to transport such prisoners to their destination or other specified location. Upon arrival, Contractor shall surrender custody of such prisoners to the Department or to the law vuu.«wn~nrr.ew~~+~~„~.vwnv. nr+u ,au, _wvi.ix.~n:aw.a„. 1 VOL 45 PAGE (5 enforcement agency as designated by the Department. The Department shall have the right to. cancel its pick up order within twenty-four (24) hours after placing the order. Any other cancellation may be made only with the consent of the Contractor. If the Contractor is en route or attempts to pick up a prisoner and that pick up is canceled, the Department, at the option of the Contractor is subject to a cancellation charge of 50% of the original charge for that trip. 5. To insure that prisoners are surrendered by the Contractor to the custody of the Department or its duly authorized agents, corroborative identification of Department personnel designated to accept custody of the prisoners shall be presented to the Contractor's personnel at the place and time of surrender of custody. The Contractor shall not surrender custody of prisoners without fast verifying the identification of persons to whom custody of prisoners is being transferred. 6. In the event of delays whether or not beyond the Contractor's control, including inclement weather or mechanical malfunctions, the Contractor shall provide for all prisoner costs, except medical, related to such delays including, but not limited to, food and lodging. 7. All prisoners' medical costs, including, but not limited to, the costs of transportation to or from any medical facility shall be paid by the Department. The Contractor shall be authorized to obtain emergency and/or routine medical treatment for prisoners whenever deemed necessary. All such expenditures shall be reported to the Department in detail and shall be reimbursed by the Department. Contractor will not be liable for medical costs associated with pre-existing medical conditions while in Contractor's custody. 8. The Contractor agrees to transport a small amount of prisoner property with each prisoner. Due to space constraints on transportation vehicles the property must be limited generally to what can be placed in a medium sized garbage bag 12xl2x36 and cannot exceed ten (10) lbs. in weight. The Contractor cannot transport electronic equipment (to include phones or pagers), fragile property, foodstuffs, weapons or excessive legal paperwork. The Department must arrange shipment of excess property prior to pickup. TRANSPORTATION OF PRISONERS WITH MEDICAL COMPLICATIONS Contractor reserves the right to refuse to transport persons with medical conditions when there is risk of acute or chronic medical condition(s) worsening as a result of motor vehicle transport. When medical status of the individual is prohibitive to ground transport, Contractor will offer the requesting agency escorted transport by commercial air at applicable rates if a written release for such travel is available from licensed medical personnel. Contractor has learned through years of experience and many miles of prisoner transport that seemingly minor medical conditions can worsen or require immediate medical attention during extended ground trips. In such cases, there is potential for unnecessary discomfort or suffering by the passenger and added cost to the requesting agency. Refer to Attachment A Medical Protocol for clarification. The Department agrees to complete, or cause, completion of the attached Prisoner Transport Order Form, Attachment B. Information to be furnished includes medical history and all medications currently being taken by prisoner. YlW/ARf.WifnM,yllruapxvY4~(iavm-i+Wnsvlilwr,'/00/_b4mA!4Yp yy 2 :tat, 1}5 INSURANCE The contractor shall maintain the following insurance coverage: Comprehensive General Liability - coverage for professional/law enforcement liability in an amount not less than fifty million dollars ($50,000,000.00). Automobile Liability - including coverage for automobiles in an amount not less than fifty million dollars ($50,000,000.00), combined single limit (CSL). Worker's Compensation Insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence with all States Endorsement type. Certificates of the above referenced coverage, with a thirty (30) day cancellation clause, shall be on file and available to the Department upon request. Cancellation of the above referenced insurance coverage shall be grounds for termination of this contract. METHOD OF COMPENSATION See Attachment C Price Schedule. CONTRACT EXTENSIONS Brazos County Sheriff's Office has the option to renew this contract for two additional twelve- month periods with the concurrence of the contractor. This contract shall be in effect from the date of its execution and may be extended with substantially the same terms with the inclusion of a Consumer Price Index increase for each one (1) year period by mutual written agreement of the parties. The "CPI" means the United States Department of Labor's Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers and All Items. If the publication of the CPI is discontinued, the parties shall use comparable statistics on the cost of living increase if computed and published by an agency of the United States Government, a responsible financial periodical or a recognized financial authority. ASSIGNMENT AND DELEGATION Contractor shall not assign, sublet or transfer any interest in and duty under this agreement without the consent of the Department and no assignment shall be of any force or effect whatsoever unless and until the Department shall have so consented in writing. VOL 4S PAGE (.-7 SEVERABILITY If any term or provision of this agreement shall be found to be illegal or unenforceable, then, notwithstanding this agreement shall remain in full force and effect and such term or provision shall be deemed inapplicable. LAW AND VENUE Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Tennessee. Venue shall be in Davidson County, Tennessee. SECTION HEADINGS The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. OBJECTION TO STATEMENTS Department's failure to object to any statement, invoice or billing rendered by Contractor within thirty (30) days after receipt thereof shall constitute Department's acquiescence with respect thereto and shall render such statement, invoice or billing in account stated between Contractor and Department. AMENDMENT AND WAIVER IN WRITING No provision of this agreement can be amended or waived, except by a statement in writing, signed by the party against which enforcement of the amendment or waiver is sought. Any communications concerning this agreement shall be addressed as follows: As to Contractor: Al Correnti, Director of Marketing TransCor America, LLC 646 Melrose Ave. Nashville, TN 37211 As to Department: Brazos County Sheriffs Office Wayne Dicky 300 East 26a' Suite 105 Bryan, TX 77803 ENTIRE AGREEMENT f':VtIRf.Ww4 M~Trou/.vnwim/(nurvae'wu(iwv,/?OI.vNY.rg.J4:/N/.br 4 VOL 45 PAGE Z78 All of the agreements between the parties are included herein and no warranties, expressed or . implied, representations, promises or statements, have been made by either party unless endorsed herein in writing. No change or waiver of any provision hereof shall be valid unless made in writing and executed in the same manner as this agreement. Neither this agreement nor any provision herein is intended to confer upon any person or entity other than the parties hereto any rights or remedies whatsoever. Nothing contained in this Agreement is intended to confer any rights or remedies upon any person or entity whatsoever other than the parties named herein. No provision contained herein shall be construed to give any third party any claim, action or right of subrogation against any party herein. This contract shall work to the benefit of, and be binding upon, the parties, their successors and assigns this contract for the length of time as specified in this contract by both parties. This contract must be signed and executed within ninety calendar days from the contract starting date noted on page one of this contract. This contract is void if not signed and executed within those ninety calendar days. IN WITNESS WHEREOF, the parties hereto have hereunto executed this contract on the day and year above written. SV ~6 Brazos County Office By: By: w Date: 3 i TRANSCOR AMERICA, LLC By ` By. on W ker Patrick M. Mc' ey V. arketing & Customer Service President & Chief Executive Officer VOL 45 PAGE ATTACHMENT A SPECIAL NEEDS PRISONER PROTOCOL FOR TRANSCOR TRANSPORT TransCor is proud of being a full-service prisoner extradition/transportation company. Our goal is to move all types of prisoners, including those with special needs. However, many special needs prisoners cannot be moved in our normal system due to health care issues. Consequently, we want to offer you an alternative whenever possible. Prisoners who are not moved in our normal system require special consideration, which we call a "flex" move. This alternative method can be either by ground or by air, depending on the specifics of the individual prisoner being moved. Flex moves are quoted on an individual basis. The following protocol determines whether a prisoner can be accepted into the normal system or requires a flex move. This protocol should be provided to the appropriate authority in order that he/she can provide TransCor with the required medical authorization to transport, including any special instructions. All prisoners who are transported in the normal system must be able to ride in a vehicle for up to 20 hours per day without making more than normal stops for meals and restroom breaks; be able, without assistance, to walk short distances, board a van and disembark from a van in full restraints; cannot have a contagious condition; and, cannot have dietary restrictions that preclude eating meals from fast food establishments. All prisoners with health care concerns listed in this protocol, who are accepted in our normal transportation system and require medication and/or health care supplies, must have a ten-day supply of medication and supplies,provided at time of pick up or a prescription for a ten-day supply of medications. All flex and air transports require a three-day to five-day supply of medication and supplies to be provided; no prescriptions will be accepted in lieu of the required medication and supplies. BROKENIFRACTURED LIMBS IN CAST The prisoner must be able to ride comfortably in a sitting position, without the affected limb requiring elevation. The cast cannot preclude the use of restraints. While the use of a cane or crutch is acceptable, the prisoner cannot be confined to or require the use of a wheelchair. CARDIAC/CORONARY CONDITIONS The pr oner must be considered medically stable, and a ten-day supply of medication must be provided. Pri who are receiving anticoagulant (blood thinners) medications will be reviewed on a case-by-case bas the high risk of hemorrhage and severe bleeding. COLOSTO11MYIURINARY CONDITIONS REQUIRING BAGS The prisoner must be able to change bags without assistance, and a ten-day supply of bags, other required supplies, and necessary medications must be provided. DIABETES The prisoner must be able to monitor his/her blood sugar and self-administer all injections without assistance. A blood sugar tester, ten-day supply of testing strips, and ten-day supply of insulin and syringes must be provided. In non-insulin dependent cases a ten-day supply of oral medication or prescription is required. TransCor America, LLC - Proprietary Information TCA 9.11.01 VOL 4-6- PAGE '70 ATTACHMENT A HEPATITIS Hepatitis A- A prisoner with Hepatitis A cannot be transported until they have been declared non- contagious by the attending physician. Once medically cleared they may travel in the normal system provided that a ten-day supply of medication or prescription is available at pick-up. Hepatitis B & C - The prisoner cannot have open sores or wounds, and a ten-day supply of medication or prescription must be provided. HIV/AIDS Prisoners who are diagnosed HIV positive, do not have open sores or wounds, and are medically stable may be moved in the normal system unless other considerations require a flex transport. Prisoners with HIV/AIDS requiring a liquid nutritional supplement and have open sores or wounds will require a flex transport. A ten-day supply of required medications must be provided. NEUROLOGICAL/ MENTAL CONDITIONS/SEIZURES The prisoner must be medically and mentally stable and non-violent. If a prisoner has a history of seizures, the seizures must be under control. A ten-day supply of medication must be provided. PREGNANCY A pregnant prisoner may be moved in the normal system up to 20 weeks gestation with no complications or known risk factors. All pregnant prisoners who do not meet these criteria require flex transport. A ten-day supply of any medications is required for normal transport and three-day supply of any required medication must be provided for flex transport. SUICIDAL IDEATIONS A prisoner who has been diagnosed suicidal and/or has been under suicide watch requires a flex transport. The prisoner will only be moved after consultation with the appropriate health care authority. TUBERCULOSIS If the prisoner has a positive skin test, he/she must also have a negative chest x-ray and/or be on appropriate medication for a sufficient period of time not to be considered contagious. If the medical authority cannot certify that the prisoner has a negative chest x-ray or is no longer contagious by virtue of medication, the prisoner will require a flex transport. WOUNDS A prisoner with a wound may be moved in the normal system only if the prisoner can manage any required wound care without assistance. A ten-day supply of medication, wound dressing and other necessary supplies must be provided. WIRED JAWS The prisoner must be flexed due to the high risk of aspiration. Special arrangements will have to made for nutritional needs and safety concerns. TransCor America, LLC - Proprietary Information TCA 9.11.01 2 VOL 45 PAGE -I I ATPACHMENT B TRANSCOR AMERICA, LLC PRISONER TRANSPORT ORDER FORM FAX ORDERS: 615.251.6855 OR 1.800.211.9438 CUSTOMER INFORMATION CUSTOMER NAME ASSIGNOR NAME PHONE NUMBER PURCHASE ORDER R PRISONER INFORMATION NAME: (LAST) (FIRST) (MIDDLE) S.S. B A/KA/ D.O.B. SEx RACE BooK N HEIGHT WEIGHT HAIRCOLOR EYECOLOR INMATEI TYPE OF MOVE -BENCH WARRANT _COMMFFMENTORDER _CWRTDATE -FORM VI _GOVERNOR'S WARRANT -IN-STATE _INTERSTATE COMPACT _WRIT _)UDGEMENTORDEK -RELEASE DATE _PRESIGNED WAIVER _WArvFA PIGCUPON DATE COURT DATE DEADIAB(PN DATE) DEADLINE(D/O DATE) AGENT To APPEAR W COURT? YES_No- PAPERWORK REQUIRED?YES_NO PICKUP WITH ORGNAL PAPERWORK? YES_NO_ CHARGES &CRIMINAL HISTORY CURRENT CHARGE(S): CPUM34AL HISTORY: HISTORYOFASSAULT? YES-No- HISTORY OF ACTUAL OR ATTEMPTED ESCAPE? YES_NO_ MEDICAL INFORMATION (CHECK ALL THAT APPLY) (MOST BE COMPLETED BEFOREORDER IS ACCEPTED) PRESENT/PAST MEDILV. CONDITIONS THAT MAY EFFECT TRANSPORT - INDICATE ALL THAT APPLY: DIABETES HEPATITIS _(ff YES, ME)_ HYPERTEHSION-MENTAL ILLNESS SUICIDAL SEIZURE PREGNANT IF YES. R OF WEEKS ANY COMPLICATIONS? STIRGERYNTTIBNPASTNINETYDAYS TYPE ANY COMPLICATIONS IS PRISONER HOUSED N GENERAL POPULATION NBRMARY SECLUSION OTHER OPEN WOUNDS DO WOUNDS REQUIRE DRESSINGS MEDICAL EQUIPMENT &.MEDICATION '(CAfEC,K`ALLTNATAPPLY)'(,OUSTWJCOI P.EMDBEFOREORDERIS.ACCEPTED) CANE WALKER WHEELCHAIR CASTS /SLNGS(IF YES, WHICH LIMIT) COLOSTOMY CATHETER PRESCRIPTION MEDICATIONS/ SPECIFY A10-DA TSUPPLTOF BOTH OITJFTHEK NTER AND PRESCRIPTIONMEDIGTIONSMUTT BE PROKOMIF NECESTARY, APRETCROTYON FOR A IO-DAYSUPPLY HILL BE ACCE M HOLDING AGENCY INFORMATION AGENCY NAME CONTACT PERSON ADDRESS CITY STATE PHONE No. 24-Hom PHONE No. FAX No. HOURS SPECIAL INSTRUCTIONS OR RESTRICTIONS DESTINATION AGENCY AGENCY NAME CONTACT PERSON ADDRESS CITY STATE PHONENO. 24-HOURPHONENO. FAX NO. HOURS SPECIAL INSTRUCTIONS OR RESTRICHONs nEOICALO?AUIQS UPON PLACING THIS ORDER, YOU AGREE TNT TRMISCOR WRL NOT BE LIABLE FOR!®ICIL COSTS A40OATED VRTH NON-FN9i[FNCY P~GLCARECR RRE-FASTING WILE IN TRANSCORY CIATODY. ALL VwSOT®LMWKAL QSIS: DKTUOING, ON NOT IDBI®TO, THE 0=3 OF TRANSPORTATION TO NND PPDN ANY NODICAI F/LILTIY FOR INCIDENTS NOT DNECTLY RESULTING FROM TAMNSCOR SI BE PAIO BY THE OISTOM31 AGF}KY. YOU ALSO MREETHXTTRPNSGOR IS AVnKXkJTED TO OBTAIN OIBtGBNCY PCBIM ROUTINE MEDICAL TPFATNENf fqt TITE PRISONER WMETEVDt DBM®fJ(~TRAY. In AOODI(kl YOU A(AEE TWIT TRNIECOR WILL BILL YW AN ATTFMPIID Pu ONPGE EQOPL TORE TNWMRi OwtCE YIBN A IXUVxcnurarPK]OD IA LILE to NO FAUr aF.TTUTNBCOIt. TMriSCOR wRL nDQRiALLwDL ExPaolnnawoETARTO THE CUSTOMTn AGOKY. £ASxARnM.urmraruurwrrpvrwraamAn.,rnwiazc TCA FORM &S/Bl A VOL 4.5 PACE _7Q, PRICE SCHEDULE For Interstate and Intrastate Transportation Brazos County Texas 1. GROUND TRANSPORTATION Prices for ground transportation services provided by TransCor America, LLC, are based on the direct mileage between pick-up and drop-off points. Mileage is determined by the computer program PC*MILER/STREETS Version 17.1. 1.1 Rate for an adult male and female will be ninety-five cents ($.95) per mile for out-of-state transport, and eighty cents ($.80) per mile for instate transport. 1.2 Minimum charge for out-of-state transport is three hundred dollars ($300.00) and instate transport is a minimum of seventy-dollars ($75.00) 1.3 Discount of twenty percent (251/6) out-of-state transport, and fifty percent (50%) instate transport, for each additional prisoner transported between the same pick-up and drop-off locations. 2. SURCHARGES 2.1 Court Appearances. A two hundred fifty dollar ($250.00) surcharge will be added to all transports when the prisoner is being picked up in a court. 2.2 Release Dates. A two hundred fifty dollar ($250.00) surcharge will be added to all transports when the prisoner has to be picked up on a specific date. The surcharge will not be applied if there is a time window surrounding the release date. 2.3 Form VI Transports. A fifty-dollar ($50.00) surcharge will be added to all transports being done on a Form VI (Interstate Agreement on Detainers). 2.4 Fuel Surcharge. If the average price of diesel fuel goes to one dollar and eighty cents ($1.80) a gallon, there will be a 2.8% fuel surcharge added to the base price of a prisoner transport. The average fuel price will be based on the U.S. Department of Energy Report EIA-888. 2.5 Attempted Pick-Up Charge. If TransCor attempts to pick-up the prisoner and is unable to do so for reasons beyond TransCor's control, an attempted pick-up fee, equal to the minimum fee, will be added to the price. 3. SPECIAL TRANSPORTS 3.1 Ground transport where a dedicated vehicle and agents are used to expedite return of a prisoner will be priced on a case-by-case basis. 3.2 Air transport, using commercial aviation, where for whatever reason a prisoner cannot be transported by ground transport, will be priced on case-by-case basis. f~i W.RF,NrMiµMae SSaN10~bamtfgnllU ~Ilzlnm CM[ VOL 45 PAGE -7 Proposed Changes ~j To On-Site Sewage Facility Fees 0 Justiffeation for Fee Revision: The Brazos County Health Deparlment/EHS Division is proposing a fee increase in the permit applications and real estate inspections. We propose to create a new fee for re-inspection of new construction of on-site sewage facilities (septic systems). The current fee is $75.00 for a permit application and $60.00 for a real estate inspection. Increasingly, permits for new construction are aerobic/spray distribution system, which require more administration time to ensure that homeowners keep maintenance contracts. Aerobic/spray distribution system involve the equivalent of one full time staff member to keep up with and. process the reminder mail-outs, receive the contracts, log contracts into computer, preparing documents for court and court time. Overall, it is taking more staff time to maintain this program. This year there have approximately 76 real estate inspections. With the increase in gas prices, staff time and vehicle maintenance we feel it is appropriate to increase the fees for real estate inspections. Our department has always conducted construction-inspections on on-site sewage facilities, but has not charged for re-inspections of new construction that does not pass the first time. We are proposing to charge a fee if a unit does not pass inspection on the first visit to the property. Fees have not been increased since 1995. Commission's Agenda Items: • The Brazos County Health Department would like to request a fee increases for the following items: Permit application from the current fee of $75.00 to $150.00 Real Estate inspection from the current fee of $60.00 to $ 100.00 Re-Inspection of new construction from $0.00 to $60.00 I would like to thank the Judge Sims and the Commissioner's Court for considering the above items. Respectfully Submitted, ulie U~Yt d~L 'Y U J Anderson, RS Environmental Health Services Division VOL 45 PAGE 7 q- Brazos County Interimisdictiorml Mutual Aid Agreement MUTUAL AID AGREEMENT STATE OF TEXAS § County of Brazos § This Mutual Aid Agreement (MAA or Agreement) is entered into by, between and among all the entities, all of which are Parties hereto, and which comprise the Brazos County Irterjurisdicdonal area as listed below: Brazos County, Texas; Brazos County Volunteer Fire Departments 1,2 &3 South Brazos County Volunteer Fire Department The City of Bryan, Texas; The City of College Station, Texas; The City of Kurten, Texas; and The City of Whton Valley, Texas; Texas A&M University, College Station, Texas; RECITALS The Parties recognize the vulnerability of the people and communities located within the Region to damage, injury, and loss of life and property resulting from disasters and/or cavil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party;' and The Parties must confront the threats to public safety posed by possible terrorist actions and weapons of mass destruction and. other incidents of man-made origin, and the threats to public safety from natural disasters, all capable of causing severe damage to property and danger to life; and The Parties to this agreement recognize that mutual aid has been provided in the past and have determined that it is in the best interests of themselves and their citizens to create a plan to foster commumicatiom and the sharing of resources, personnel and equipment in the event of such calamities; and The governing officials of the Parties desire to segue for each Party the benefits of mutual aid for the protection of life and properly in the event of q, disaster and/or civil emergency, and The Parties wish to make suitable arrangements for furnishing mutual aid in coping with disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Inte docal Cooperation Act); Chapter 418, Togas Government Code (Texas Disaster Act of 1975); Chapter 362, Local Government Code; and Executive Order No. RP-12 by the Governor of the State of Texas (April 3, 2002); and It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "Tom Disaster Ad" and other applicable provisions of law, and except as otherwise provided by law that the responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such mutual aid plans. E. 1EAWahal funn/Aidlararos Counry Inse0wudicnawI1&AwIAtddw Page 1 of 15 [Mutual Aid Agreement] VOL LfS PAGE '75 Brazos County Interiorisdictlonal Mutual Aid Agreement NOW, THEREFORE, the Parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct. 2. DEFINITIONS A. AGREEMENT - this document, duly executed. B. AID AND ASSISTANCE - includes personnel, equipment, facilities, services, supplies, and other resources. C. ASSISTING PARTY - the Participating Government furnishing aid and assistance to the Requesting Party. D. AUTHORIZED REPRESENTATIVE - an employee of a Participating Government who is authorized in writing by that entity to request, offer, or provide aid and assistance under the terms of this Agreement. The list of authorized representatives, by title, for each Participating Government executing this Agreement shall be included on the signature page and shall be updated as needed by each participating entity. E. CIVIL. EMERGENCY - an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits'of a given jurisdiction that cads for immediate action or for which there is an urgent aced for assistance or relief to prated the general citizenry. F. DISASTER - the occurrence or imminent threat of any natural, technological, or civil emergency that causes widespread or severe damage, injury, or loss of life or property resulting from any natural or man- made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other contamination, epidemic, air contamination, blight, drought, infestation, explosion, not, hostile military or paramilitary action, meW emagercy (as that term is defined in Chapter 418 of the Texas Govemment Code), ads of terrorism, and other public calamity requiring emergency action of sufficient severity and magnitude or that will I&* exceed local capabilities as to result in a declaration of a state of disaster by a municipality, County, the Governor, or the President of the United States. G. EMERGENCY - any occurrence, orthreat thereof; whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. H. LOCAL GOVERNMENT- a county, municipality, special district, or any corporatelpolitical entity organized under state law of Texas. L WORK OR WORK RELATED PERIOD - any period of time in which the personnel, equipment, facilities, services, supplies, and other resources of the Assisting Party are being used by the Requesting Party to provide assistance and for which the Requesting Party may reimburse the Assisting Party (See Section T). I PARTICIPATING GOVERNMENT - any county, municipality, political subdivision, or emergency service entity of the State of Texas which executes this Mutual Aid Agreement. K PERIOD OF ASSISTANCE - the period of time beginning with the departure of any personnel of the Assisting Party, from any point, for the purpose of traveling to the Requesting Patty in order to provide aid and assistance, and ending upon the return of all personnel and equipment of the Assisting Party, after EAEAIDawWumalAkOro County lnusJwWlcdo IMutual.r7ddoc Page 2 of 15 [MuUW Aid Agreement] VOL LF5 PAGE -(n Brazos County Interiurlsdletional Mutual Aid Agreement providing the aid and mistan a requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party, during which the personnel ofthe Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at, or return from, the Requesting Party. L. REQUESTING PARTY - the Participating Government requesting aid in the evert of an emergency. Each Participating Government must coordinate requests for State or Federal emergency response assistance through the appropriate agencies. 3. PARTY'S EMERGENCY MANAGEMENT PLAN. Each Party required to do so shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency and/or disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Goven>me t Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide and/or receive mutual aid. The emergency management plan shall be submitted to the Governor's Division of Emergency Managaneat. 4. EMERGENCY MANAGEMENT DIRECTOR The County Judge of each County participating in this Agreement, the Mayor of each City participating in this Agreement, and the Vice President for Administration for Texas A&M University shall serve as the Emegency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement. Each Emergency Management Director may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. 5. ACTIVATION OF AGREEMENT. This Agreement shall be activated in the evert of either. (a) a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government Code; or (b) the fording of a state of civil emergency by the presiding officer of the governing body of a Party; or (c) the occ nrence or imminent threat of disaster such that local capabilities are, or are predicted to be, exceeded. The activation of the Agreement shall continue, whether or not the local disaster declaration or state of civil emergency is still active, until the services of the Party rendering aid are no longer required. In the event of a widespread disaster affecting more than one Party hereto, each affected Party shall utilize its respective State of Texas Department of Public Safety Disaster District Committee for coordinating the provision of mutual aid. 6. PROCEDURES FOR PROVISION OF MUTUAL AID. When a Participating Government either becomes affected by, or is under imminent threat of an emergency or disaster or has officially declared a disaster, it may request aid and assistance by: (1) submitting a written Request for Assistance to an Assisting Party, or (2) orally communicating a request for aid and assistance to an Assisting Party, which shall be followed by a written request if the Assisting Party so requests. Aid and assistance shall not be requested by a Participating Government unless resources normally available to the responding agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior to resblutien of the situation. All requests for aid and assistance must be transmitted by 1) an Authorized Representative of the member political subdivision or 2) the Director of Emergency Management A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the necessary information as prescribed in Section 6.C. hereto. E WMDataftdvdAidlBr s Cowaylntc'Jiauftdoml?&Wldlddoc Page 3 of 15 [Mutual Aid Agreement] voi 1+5 PAGE 7 Brazos County Interiurisdictional Mutual Aid Agreement 13. REQUESTS for State assistance should be made to the Disaster District Committee (DDC) Chairperson in Austin. A request for state assistance must be made by the Emergency Management Director or his/her designee and made be made by telephone, fax, or teletype. C. REQUIRED INFORMATION BY REQUESTING PARTY: Each request for aid and assistance shall be accompanied by the following information, to the extent known: 1). A general description of the damage sustained or threatened; 2). Identification of the emergency service function or functions for which aid and assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, bean and other medical services, etc.), and the particular type of assistance needed; 3). The amount and type of aid and assistance needed and a reasonable estimate of the length of time it will be needed; and 4). An estimated time and a specific place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. This information may be provided on a form designed for this purpose or by any other available means. D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE. When contacted by a Requesting Party, or by the Disaster District on behalf of a Requesting Party, the Authorized Representative of any Participating Government agrees to assess local resources to determine availability of personnel, equipment and other assistance based on arrest or anticipated needs. All Participating Governments shall render assistance to the extent personnel, equipment and resources are deemed available. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so based on current or anticipated events within its own jurisdiction. E. INFORMATION REQUIRED OF THE ASSISTING PARTY. An Authorized Representative of an Assisting Party who determines that the Assisting Party has available personnel, equipment, or other resources, shall so notify the Requesting Party or the Disaster District, whichever communicated the request, and provide the information, to the extent known: 1). A complete description of the personnel and their expertise and capabilities, equipment, facilities, services, supplies, and other resources to be furnished to the Requesting Party; 2} The estimated length of time that the personnel, equipment, facilities, services, supplies, and other resources will be available; 3). The name of the person or persons to be designated as supervisory personnel; and 4). The estimated time of arrival for the aid and assistance to the designated location This information may be provided on a form designed for this purpose or by any other available means. F. SUPERVISION AND CONTROL: When providing aid and assistance under the terms of this Agreement, the personnel, equipment, facilities, services, supplies, and other resources of any Assisting Party will be under the operational control of the Requesting Party, the response effort to which SHALL be organized and functioning within an Incident Command Svste m (ICS) or Unified Command System (UCS) format. Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assishng Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. E. WAWatalMu1un1AidL6rmm Co iylnlerjurWlcdonal MunmlAlddw Page 4 of 15 [Mutual Aid Agreement] VOL 45 PAGE 7 8 Brazos County Interiurisdictional Mutual Aid Agreement G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically itnUMW otherwise, the Requesting - Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departum However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. H. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to famish their own communications equipment sufficient only to maintain communications among their respective operating units, if such is practicable- L RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such persons shall have the powers, duties, rights, privileges, and immunities, and shall receive compensation, incidental to their employment or position with and by the Assisting Party. J. TERM OF DEPLOYMENT: The initial duration of a request for aid and assistance will be specified by the Requesting Party, to the extent possible by the situation. K. SUMMARY REPORT: Within ten (10) working days of the return of all personnel deployed under this Agreement, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party . The report shall, at a minimum, include a chronology of events and description of personnel, equipment, facilities, services, supplies, or other resources provided by one Party to the other. 7. REIMBURSABLE EXPENSES. The terms and conditions governing reimbursement for any assistance provided pursuant to this agreement shall be in accordance with the following provisions, unless otherwise agreed upon prior to the deployment by both the Requesting and Assisting Parties. A. PERSONNEL: During the period of aid and assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse, in accordance with standard and accepted methods, the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of aid and assistance, if requested. B. EQUIPMENT: The Assisting Party shall,be reimbursed by the Requesting Party for the use of its equipment during the period of aid and assistance, if requested, according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Participating Government shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and mirror repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a preestablished local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance or other such proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed, if requested, for all materials E.. IEMDataV&1ua1A1a1& ms County lnterJurNdfcl mlMumdAlddac Page 5 of 15 [Mutual Aid Agreement] VOL 45 PAGE 7 Brazos County Interiurisdictional Mutual Aid Agreement and supplies furnished by it and used or damaged during the period of assistance, except for the costs of - equipment, fuel, maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. If the disaster is state or federally reimbursable, State Division of Emergency Management assistance will be sought to assist the Requesting Party in seeking federal and/or state reimbursement. I? PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, bid not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or state regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not late than sixty (60) days following receipt of the statement, unless otherwise agreed upon. 8. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each Participating Government shall be responsible for its own actions and those of its employees and is responsible for complying with'the Texas Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each Participating Government shall be responsible for its own actions and will comply with the Texas motor vehicle financial responsibility laws. It is the responsibility of each member political subdivision or entity to determine if the volunteer company has automobile liability coverage as outlined in this section C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision or entity shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this agreement. Each member political subdivision or entity agrees to obtain general liability, public official's liability and law enforcement liability, if applicable, or maintain a comparable self-insurance program. D. OTHER COVERAGE: The Assisting Party shall provide and maintain their standard packages of medical and death benefit insurance coverage while their personnel are assisting the Requesting Party. 9. WAIVER OF CLAIMS AGAINST PARTIES: IMMUNITY RETAINED. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itselt its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. E:IEMDalalMmual AlMrozos County fnarjurlsdctio al Mutualmd.dw Page 6 of 15 f Mutual Aid Agreement] VOL PAGE 20 Brazos County Interiarisdictional Mutual Aid Agreement 10. EXPENDING FUNDS. Fads Party that performs services or fimishes aid pursuant to this Ag .emem shall do so with funds available from current revenues ofthe Party. No Party shall have any liability for the failure to expand funds to provide aid hereunder. 11. TERM. This Agreement shall become effective as to each Patty when approved and executed by that party. This Agreement shall continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 18 of this Agreement. Termination of participation in this Agreement by a Party or parties shall not affect the continued operation of this Agreement between and among the remaining Patties and this Agreement shall continue in force and remain binding on the remaining Parties. 12. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other offal or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Sections 13 and 17 below. 13. RATIFICATION. Each party hereby ratifies the actions of its personnel and the rendering and/or receiving of mutual aid taken prior to the date of this Agreement 14. OTHER MUTUAL AID AGREEMENTS. Notwithstanding Section 11, it is understood and agreed that certain signatory parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such mdmdual contract. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agencies. A. Specifically, the existence of this Agreement shall not prevent a municipality, county, rival fire prevention district, emergency services district, fire protection agency, organized volunteer group or other =agency services entity from providing mutual aid assistance on request to another municipality, county, nual fire prevention district, emergency services district, fire protection agency, organized vohhmeer group, or other emergency services entity, upon request, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code and Chapter 362, Local Government Code, as applicable. Additionally, the existence of this Agreement shall not prevent any Local Government, which is a Party hereto, from providing emergency assistance to another Local Government that is not a Party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code and Chapter 362, Local Government Code, as applicable. 15. INTERLOCAL COOPERATION ACT. The Parties agree that mutual aid in the context contemplated herein is a "govermental function and service" and that the Parties are "local governments" as that tetra is defined herein and in the Imerlocal Cooperation Act. 16. SE VERA ruff. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 17. VALIDITY AND ENFORCEABILITY. Many current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this E:1EMD aVjueu"r.ridl =oa Cowry I.Mduriadicdo lMatwiAid.dw Page 7 of 15 [Mutual Aid Ag nientl VOL'1<PAGE ~I Brazos County Interiurisdictional Mutual Aid Agreement Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 18. AMENDMENT. This Agreement may be amended only by the mutual written consent of the Parties. 19. TERMINATION. Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of mutual aid. Counties, cities, and other political subdivisions and public agencies having a legislative or governing body which are signatories hereto shall by resolution give notice of termination of participation in this agreement and submit a certified copy of such resolution to all other participating Parties. Such termination shall become effective not earlier than 30 days after the filing of such notice. The termination by one or more of the Parties of its participation in this agreement shall not affect the operation of this agreement as between the other Parties thereto. 20. THWD PARTIES. This Agreement is intended to imue only to the benefit of the Patties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third Parties. 21. NOTICE. Any notice required or permitted between the Parties must be in wntmg, addressed to the attention of each respective Chief Elected Official, and shall be delivered in person, or marled certified mail, return receipt requested, or may be transmitted by facsimile transmission as follows: To Brazos County at: =East t 2 Managemem Director / Coup, ty Judi 300 East 26m Street Bryam. TX 77803 979-361-4102/01 FAX 979-823-6993 To BCVFD Precinct 2 Fire Chief POB 51 Ktvten, TX 77862 (979) 589-3263 To BCVFD Precinct 3 Fire Chief POB 5453 Bryan, TX 77805 (979) 776,6,430 To BCVFD Precinct 4 Fire Chief POB 4186 Bryan, TX 77805 (979) 775-0194 To South Brazos County FD Fire Chief POB 501 Millican, TX 77866 (979) 690-6027 E-WAIDataWaftW Ai Wimoa Coualy rnto wwdictionor Muruar Aid.&c Page 8 of 15 [Mutual Aid Agreement) VOL ~ 5 PA6f- Set . Brazos County Interinrisdictional Mutual Aid Agreement To City of Bryan at: EmMW y Management Director / Mav_ or P.O. Box 1000 Bryan. TX 77805 979-209-9800 FAX 979-849-4655 To City of College Emergency Managemet Director / Mayor Station at: P. O. Box 9960 College Station. TX 77842 979-764-8295 FAX 979-764-6377 To City of Kamen Emergency Manamnert Director / Mayor at: City of Kurten P.O. Box 101 Kurtce. TX 77862 979-589-2696FAX NA To City of Wixon Fmerganey Management Director /Maw Valley at. 7032 Credo Shadows Drive Wixon Valley. TX 77808 979-732-2155 FAX NA To Texas A&M Office of the Vice President for Administration University at: Texas A&M Univesity MS-1247 TAMU College Station. TX 77843 979-845-1911 FAX 979-845-5406 22. WARRANTY. The Agreement has been officially authorized by the governing or controlling body or agency of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 23. GOVERNING LAW AND VENUE. The laws of the State of Tom sball govern this Agremnent. In the event ofan emagem7 or disaster physically occurring witbin the geographical limits ofonly one awmty that is a Party hereto, venue shall lie in the county inwbich the emergency or disaster occurred. In the evert of an emervm7 or disasta physically occurring in mom than one cmmty that is a Party hereto, verve shall be determined in accordance with the Texas Rules ofCivil Prowdma 24. DT+, WGS. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. **The Rest of this Page is Intentionally Left Blank" E. IEAIDamuWWIAM18r s CmUylmer~v Wkflw I,Nunn!Atdax Page 9 of 15 [Mutual Aid Ageementl VOL t}S PAGE 1~3 Brazos County Interiurisdictional Mutual Aid Agreement EXECUTED by.the Patties hereto, each respective amity acting by and through its duly authorized official as required by law, on multiple eoumerparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: e, Date: Signature: Judge of Brazos c76 AUTHORIZING REPRESENTATIVES (Title only): ATTEST: Name: Signature: Date: Title: "The Rest of this Page is Intentionally Left Blank" EAE6IDataUuhWAUd Br=r Coway Inierjw4T&tional MxAwAld.dw Page 10 of 15 [Mutual Aid Agreement] ~ 4 VOL L16-PAGE Brazos County Inter[urisdictional Mutual Aid Agreement EXECU FED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: Date: Signature: Mayor of City of Bryan AUTHORIZING REPRESENTATIVES (Title only): ATTEST: Name: Signature: Date: Title: **The Rest of this Page is Intentionally Left Blank** E.-IEAIDn Wulw(AidWro Cowrcyrnterju~irddicliortafA&WIAldd" Page 1 l of 15 [Mutual Aid Agreement] VOL 46- PAGE 95'7 Brazos County Ioteriurisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its drily au thorized official as requited by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: Date: Signature: Mayor of City of College Station AUTHORIZING REPRESENTATIVES: ATTEST: Name: Signature: Date: Title: APPROVED: City Attorney Date *"The Rest of this Page is Intentionally Left Blank" 8WA"lal WWIAidl =03 Co 1y Inwjwi,&choaal AfahmlAlddoc Page 12 of 15 [Mutual Aid Agreement] VOL q5 PAGE In Brazos County Interigrisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as - required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: l~ ~A~G~ Date: 9- Signature: Mayor of City o alley AUTHORIZING REPRESENTATIVES (Title only): ATTEST: Name: Signature: Date: Title: "The Rest of this Page is Intentionally Left Blank" E: IEbmamLlluaalAidUEr=s Countylnl<rjwudicni lMufualA&doc Page 13 of 15 [Mutual Aid Agreement] VOL LK PAGE 9 Brazos County Interiurisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: Date: Signature: Mayor of City of Kurten AUTHORIZING REPRESENTATIVES (Title only): ATTEST: Name: Signature: Date: Title: "The Rest of this Page is Intentionally Left Blank" E. IEMD=WutudAidWrwos Cmnry 1ntery ffijdkdo=1 MuNal Aid.doc Page 14 of 15 [Mutual Aid Agreement] VOL Lf6~AGE 99 Brazos County Interit risdictional Mutual Aid Agreement OMCUTID by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: Date: Signature: Vice President for Administration, Texas A&M University AUTHORING REPRESENTATIVES (Title only): ATTEST: Name: Signature: Date: Title: **The Rest of this Page is Intentionally Left Blank** EAEUDWOWuhwfA(dl& Cowdy fnkdwwdtcNw.d AI hWIAld.dac Page 15 of 15 (Mutual Aid Agreement) VOL 4S FRGS --~9 Brazos County, Interiurisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as . required by law, on multiple counterparts each of which shall be deemed to be an original, on the date speed on the multiple counterpart executed by such entity. Brazos County, Tezas: NAME: . A; Date: 9•i'9-11y3 G7nt foeCounty olunteer Fire Department AUTHORIZING REPRESENTATIVES (Titles only): ATTEST: Name: Signature: Date: Title: **The Rest of this Page is Intentionally Left Blank** EAEAWMWu(ual A,dUir=w Comity Luerjunsdichowl MutzwAidda Page 16 of 15 [Mutual Aid Agreement] VOL '-1f-PAGE '70 Brazos County Interiurisdictional Mutual Aid Aareemeut EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Tens: NAME: Date: Signature: Chief of Brazos County Volunteer Fire Department, Precinct Two AUTHORING REPRESENTATTVES (Titles only): ATTEST: Name: Signature: Date. Title: **The Rest of this Page is Intentionally Left Blank** E.'MVMGWMdUdAidtFrs Camay lneeriwudwsanalMnfaalAid. dar Page 17 of 15 [Mutual Aid Agreement] VOL `PAGE T/_ Brazos County Inter]urisdictional Mutual Aid- reemelkl EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Teas: NAME: a /G/ Date: D9- Z 3 O 3 Signature: Chief of Brazos County Volunteer Fire Department, precinct Three AUTHORIMG REPRESENTATIVES (Titles only): ATTEST: Name: Signature: Date: Title: **The Rest of this Page is Intentionally Left Blank** E. tV.OasaftaudAIdlRr jCouury rnmrjw sdwdonal MaNd.tiddo Page 18 of 15 [Mutual Aid Agreement] 11113 ~-czn.,r_t Brazos County Interiurisdictional Mutual Aid Aff ement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as . . required by law, on multiple counterparts each of which shall be deemed to be an original, on the date speci ied.on the multiple counterpart executed by such entity. - Brazos County, Texas: NAME: o Out/ 47(Lf~S Date: 9 - Z 3 2---'t73 Signature: Chief of B os County Volunteer Fire aAUnent Precinct Four AUTHORIZINNO REPRESENTATIVES (Titles only): ATTEST: Name: Signature: Date: Title: **The Rest of this page is intentionally Left Blank** E.IEMD.t Wueml Au1l ,--County lnfeq-Ldicdonal Mutual Aid doc Page 19 of 15 [Mutual Aid Agreement) VOL IKF PAGE 3 f i5 VOL y5 PAGE 94F FIRST STAR TRANSPORT TEXAS LICENSE B-306 ARMORED CAR SERVICE AGREEMENT This Agreement made and entered into by and between FIRST STAR TRANSPORT, hereinafter referred to as "Company", and BRAZOS COUNTY, hereinafter referred to as "Customer". Customer Mailing Address: 300 East 26'a Street, Suite 117, Bryan, TX 77803. Customer Contact: Marcia Mann - (979) 3614294, Fax (979)3614293. W ITNESSETH: In consideration of the mutual covenants and agreements contained herein, the parties intending to legally bind themselves, thew successors and assigns, hereby agree as follows: (1) PERFORMANCE. (a) Scope of Operation. The Company agrees to transport for and on behalf of the Customer, currency, coin, negotiable instruments and other documents from Brazos County and deliver to the First American Bank - 1660 Briarcrest Drive, Bryan, TX 77803, in accordance with the following schedule: Monday through Friday - one time each day, for a total of five (5) times each week. Pickup for locations 1, 2, 3 & 5 will be made in time to reach the bank by noon each day. Pickup for location 4 will be made between 4:30 p.m. and 5:00 p.m. each day. 1) Treasurer's Office: 300 E. 26's St., Suite 313, Bryan 2) Adult Probation Office: 202 E. 271h St., Suite 202, Bryan 3) Juvenile Justice Center: 1904 W. Highway 21, Bryan 4) Justice of the Peace, Pct. 6: 100 Anderson, College Station 5) Tax Office: 300 E. William Joel Bryan Parkway, Bryan (2) TERMS OF PAYMENT. In consideration of the above specified deliveries and services to be rendered by the Company, the Customer agrees to pay the Company the sum of $225.00 per location, per month plus the applicable state and local sales tax rates payable within ten (10) days after billing for such services. Past due accounts shall be subject to an interest charge at the rate of 181/6 per year. The regular billing above stated does not include the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, and M. L. King Day, which are subject to an extra charge of $35.00 per trip. The charge for "special trip" service will be $45.00 per trip. Special trips are defined as follows: 1. Any trip other than the Company's regular schedule or holiday pick-ups. Il. Any service rendered because of earlier than usual Customer closing time. III. The need to return to Customer's bank to pick up change orders not called in on time. IV. When asked to return later because of a Customers unfinished deposit. V. Any service after 6:00 P.M. New Years Eve and Christmas Eve, regardless of whether or not Customer is scheduled for that night of the week. Each time the Company's messenger is delayed by the Customer for a period of more than five (05) minutes to a maximum premise time of ten (10) minutes, while attempting to pick up a deposit or deliver a change order, an extra charge of $10.00 will be added. (3) EFFECTIVE DATE. Subject to the terms and conditions of this Agreement, Company service shall commence on October 1. 2003 and shall continue for a period of twelve (12) months with an option for renewal by Customer for one additional year. (4) CONDITIONS OF ACCEPTANCE. The Company's acceptance of any shipments shall be conditioned upon the shipments being sealed and packed in containers made of materials of strength, durability and quality sufficient to withstand handling, stacking, strapping and rubbing incident to transportation by the vehicle, loading, unloading and transfer, and must be identified in detail sufficient to enable the Company to determine that the commodity being VOLq-,5 PAGE q S- transported is authorized to be shipped by the Company. The Company shall not be obligated to receive any bag or package not properly locked or sealed to its satisfaction and, in the event that any bag or package is delivered-to the Company not properly locked or sealed to its satisfaction, the Company shall under no circumstances be,liable or responsible for any shortage claimed with respect to the contents of such bag or package, Company assumes full responsibility for the condition of the bag or package. The shipments shall be clearly labeled with the consignor's and consignee's name and address and the stated value of each parcel or container. (5) RESPONSIBILITY OF COMPANY, The Company shall be responsible for the safekeeping of the commodities transported and/or warehoused for the Customer. Such responsibility shall commence when the commodities have been received, accepted and receipted for by the Company and shall terminate when the commodities have been delivered to and receipted for by the consignee thereof designated by the Customer. (6) COMPANY LIABILITY. Liability of the Company in the event of shortage or loss for whatever cause, including its own negligence, the declared value signed and receipted for at the time of shipment on any one shipment. Company or Customer may cancel or terminate this Agreement upon one (1) day's prior written notice in the event the insurance required to be carried by Company under paragraph 7 shall be either canceled or substantially altered or Company's insurance underwriter shall notify Company of its intentions to cancel or substantially alter Company's cargo insurance. Company shall not be liable for loss or delay caused by acts of God, riot, war, or insurrection, or cause or event beyond the control of the Company. Notwithstanding anything herein contained, the liability of Company hereunder shall not extend to, and Company shall not be liable for, loss or damage hereunder arising directly or indirectly from risks as described in the following terms: (a) Hostile or war like action in time of peace or war, including, without limitation, action in hindering combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power or by any authority or power maintaining or using military, naval or air forces, or (2) by military, naval or air forces, or (3) by an agent or agents of any such government, power, authority or forces; (b) Any weapon of war employing atomic fission or radioactive force whether in time of peace or war, (c) Insurrection, rebellion, revolution, civil war, usurped power, seizure or destruction under quarantine or customs regulations, or confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade; (d) Nuclear reaction or nuclear radiation or radioactive contamination; (e) Shortages claimed in the contents of sealed or locked shipments not caused by Company or its employees; (f) Loss incurred in safe(s) on the Customer's premises, (g) Breakage of statuary, marble, glassware, bric-a-brac, porcelains or similar fragile articles or erasure of magnetic date from computer media; (h) Any act or default of Customer that is the direct and proximate cause of a loss or damage. The Company shall not be liable for non-performance or delay caused by road, street or weather conditions. The Company is not a guarantor of any pickup or delivery times and such times are approximations or estimates. (7) INDEMNIFICATION BY COMPANY.. Not withstanding any provision herein to the contrary, the Company does hereby agree to indemnify and hold harmless Customer from all losses, claims of losses, damages, and expenses (including without limitation attorney's fees) asserted against Customer by third parties directly and proximately arising out of or occurring by reason of the negligence or misconduct of the Company, its officers, agents, employees or authorized representatives. (8) INSURANCE. The Company shall at all times maintain cargo and liability insurance in an amount sufficient to insure the value of all commodities receipted for by the Company for Customer and any other shippers sharing such transportation and all commodities receipted for and warehoused by the Company at its facilities. The Company shall furnish Customer with a certificate of insurance. (9) CLAIMS. As a condition precedent to recovery, Customer must notify the Company in writing of any claim or loss within 30 days after a loss is discovered or should have been discovered in the exercise of due care, and, unless notice shall have been given, any such claim shall be deemed to have been waived. No action, suit or other proceeding to recover for any such loss shall be maintained against the Company unless written notice shall have been given to the Company as aforesaid, and unless such action, suit or proceeding shall have been commenced within twelve months of the discovery of such loss by Customer with respect to which suit, action or proceeding shall be brought. Within thirty (30) days after giving of written notice of any claim or loss, Customer shall furnish the Company detailed written proof of loss including date of shipment, name and address of consignee and consignor, and notice and description 2 VOL l'e, PAGE '36- of the shipment and the loss alleged. Customer agrees to cooperate with and assist the Company or its insurer in the investigation and recovery of such loss. Upon payment of a loss hereunder, the Company or its insurance company shall be subrogated to all the Customer's rights and remedies of recovery therefore. (10) This Company is regulated by the Texas Commission on Private Security, Post Office Boa 13509, Austin, Texas 78711. (512) 475-3944. (I1) SHIPMENT AND RETURN. When delivery of a shipment cannot be made for any reason, the Company shall notify Customer and return the shipment to the Customer or to the Company's vault for storage. Shipments that are refused by the consignee for any reason will be returned to the Customer or to the Company's vault for storage and notification of such return shall be given to Customer. (12) RECONSTRUCTION OF CHECKS. Customer agrees to cooperate to the fullest extent to which it is capable in reconstructing checks constituting a part of a loss and as to said checks, the Company's liability shall be the payment to the Customer of (a) Reasonable costs necessary to reconstruct the checks plus any necessary costs because of stop-payment procedures; (b) The face value of checks that cannot be reconstructed, provided proof of the value thereof is presented to the Company. It is understood and agreed by the parties to this Agreement that the words "reconstruct", "reconstructed" and "reconstruction" shall mean to identify the checks only to the extent of determining the face amount of said checks and the identity of the maker or the endorser of each. Customer agrees, in case of loss, to promptly and diligently cooperate with the Company in the identification and replacement of lost, destroyed or stolen checks that had been contained in any such shipment. Complete cooperation shall include but be limited to requests by Customer to makers of stolen checks to issue duplicates and, in the event the makers refuse to do so, then assert all its legal and equitable rights against said makers or to subrogate such rights to Company and its assigns. (13) CHANGES IN WRITING. This Agreement may not be changed or modified in any way by oral statements or actions of any representative, messenger or agent of the Company or Customer. Any change or modification of the Agreement must be reduced to writing and signed by an officer of the Company and Customer. (14) ADDRESS OF COMPANY. FIRST STAR TRANSPORT, P.O. BOX 4042, BRYAN, TEXAS 77805. (979) 846-1313, FAX (979) 779-9369. (15) CANCELLATION. It is understood and agreed that the continuation of this agreement for the services performed by First Star Transport is contingent upon the satisfactory performance of such services. Customer shall have the right to review and evaluate the performance of Company in the furnishing of services required by this contract and shall notify Company, in writing, of any deficiencies in the performance of such services. In the event Company shall fail to correct such deficiencies to the satisfaction of Customer within thirty (30) days of receipt by Company of such notice, Customer shall have the right, without further notice, to terminate this agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents this day of 2003. CUSTOMER: COMPANY: BRAZOS COUNTY FIRST STAR TRANSPORT ~ GJ~.J o~~/~ U~.s 01 By:t~ r~ Ir i lYly Bv: Jennifer Taylor Title: ,n u n+- w v QE Vice President 3 VOR 45 ?AGE-31- mgt) t)m~() m g mp() [)m m~ g m gffmpC)Np ~ ~ m~ mz pS o~ Y~ J 3F nn P N Nam t~o~m p b r( P P P P W O O N N~ kP N M N N M N N N M M M C S N N N N N N N N N m~; Oq+ Op+ p+ 'O+ Pm+ 410+ Gp+~ P+ mp+~ ty Sm SW SS S~ Sl0 SW SO, SW S0 s:d M N N M M N M M R M M , M N M N I!.- N ga°S.'m.g+ o+ ~SS_C -e' w W O q W S W _ N N N NN N m y w N pp yy 0 p m N N N N y N y y ] 0 Om 00 Ot? P~ p0 00 ON SO' ifN :W. SN SfOA SU Sq SN Sq SP S 8 N SP O!• y~WO. V N N f N N V yt~ N + N + O N N ~Wy y y tqp yN Nq N V q N S O O~ O p O 0 0 0 0 O Vjp.~ °N O O m P O O O W O P M 'O Z O V 1V O V N 8 0 Y O V H G O P e P O P O O P P P O _P O P P m P P P S 6 b O S « « N « N GE ~N ~ a OIW PP OP WO AP PO W~ Qp py ~_~-•,SS SS S$ mS ~S SS SS SS SY3.' 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S Q~ S O p <N W W ° V W VOA V W O-Wp mN O m Yp A 'Z pY Yy .gym pJ VU O V Y 0~ IO pq R~qY p P~ M N O °W N W N P YY0 W p p °W s t N W 01 N W O N B m °W Sa 0 A P N H N N H N N N N H N p N N C 9 N ~O N y y N N ~ W O 00 W ~ W 0~ 6p mp W S b0 °~O rmpp •OS O S m 0 O m 0 0 m m m m 0 0 0 b o m b m M N N MM N MN N NH F M N N N M MN Q 'm M .~W+ p' u u o a Wy o ~p`i p~ a Wu y u ' u 0 m u w o w °w m .,phi p m ,o~+ ma N N P W N W W I°J S a p p a p N W W N P °W N P P W p P P A N N N M N N N N N N N N M N N L= y s= ,OOH V V V Y1 WVp ~~~p +Y V mr ON ST S(!~ O ml SN SO qO OJ ±r NJ +V (Sf ° SS O(pJ~ ON O J- fl-k MN N MN M MM N MM N M MM M V O O O S O O O S O O S O O O O O O O O So O S O O O H VOL 45 PAGE t00 ~~a Pm~Pd ~r~P~ ~aETV'd~2~OmO~ma$Zm mmmda~~+pgnm~p~I'~~~~(mp~~~mm in ~g W O s 11 0 T 0 0 m O C O T_ O1C m g Q y C W ,yg y T_ C P y 9 0 sa~Q a _ T 2 21 g 02 air 0. z m~ m m 5 m< m y m m m r ~ 2 3F t~ x m W N a r P A A P N P A W A m ~ l_ N M N N H N N M N N M C a ml(+p Op qtit OW+ (T -N+ Oi qi Opif qi qi qN~Y S lO O 0 S 0 S m O 0 O Uq S W O m gig S Y". 4 N MM M N MN ~ MM M MN N N M N M H M MHN N N M q a aa e q o a o p, ~Jj1 q . 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T O T 4~ m C /1m u ~ P. $ 6 0Z 3 Z ~x~ 3 -1 a m n m a na x ~ fl mym m y A A A m m. w M NN NNCD hPO q+~ N~ Op+pss qG+py Y. 13 H ~ MM N NM M~' :.9 [e9 y N N O N ~i O N N O N N O N: » »`a To ~o om omT+'3 G °oq oG oGe: R +c ~i o 0 0 ~ o o g °P 0 0 °o o r' m w Nw ww ~P Am A'a PayJC M M N {p ~'M Y V P~+ P P P N+ O O +O pqpq ~yplm qOJ qV pVp m_pO ~Vp P N P N P W IS-MI N P P N » H Cam: ~x Ppqp POOI JG~pp OV ~Pp9 ~Im 00 ~O fOb?.~ M N NM N NN M NMP', wY ' s p ~~I s s s G N O 0 0 0 N 0 O ~ O P 3 yN IN.f fM~~=~ `~O WpO pW pO P ppO~g N N N M M M n O ~ O N ~Y O N W O P fY W O w p N W N as » NN M C' N ~ 9 GqV OOV pWpJ 41Y1} NN 8~ O(OT ~Gm,P N NM N MN M NH N MN- ~ _3 q 3_ qq i_ i_ + 3 G Q S W+ 0 S N J P Y S N+ m H o S mo o $o t $o $ an VOL ~i5 PAGE /ac?, SWICO AUCTIONS 1301 GLADE, COLLEGE STATION, TEXAS 77840 .979-224-2861 ANNUAL AGREEMENT TO SELL BY PUBLIC AUCTION I, Judge Randy Sims . hereinafter referred to as SELLER, or the authorized agent for Brazos County , wanants by signature that he/she has full authority to sell the property described herein and hereafter, and does hereby request that SWICO Auctions sell by public auction thru SWICO Auction's web page, www.swicoauctions.com, and when needed via live onste public auction at an agreed to seller owned property, the following items briefly described as: surplus property and seized items , for the term of one year commencing on September 10. 2003 and renewable for 4 additional one year periods upon mutual agreement of both parties. 1. SELLER warrants the items to be free and clear of all liens, or the lien holders are here listed for notification and joint payment by SWICO Auctions: WA and SELLER will provide all required thles, clear and transferable, fully executed, to all buyers within ten days of the sale. 2. SELLER agrees this AUCTION WILL BE HELD ABSOLUTE, without prices reserves or 'buy backs', and all items are to be sold to the highest bidder. All Items are to be advertised and sold with no warranty expressed or Implied to the buyers by the Seller or BWICO Auctions. 3. SELLER agrees that SWICO Auctions will provide advertising as determined solely by SWICO Auctions, will collect all funds and make payment of all sales,taxes, will direct or provide for arranging and accounting of all sale items. 4. SELLER agrees to pay SWICO Auctions for the service rendered a commission fee of a on item sold over the web page and 5% for items sold live onsite, of the gross proceeds plus a maximum of $ 1500.00 for advertising for onsite sales only. Legally required ads for web auctions will be placed by SWICO Auctions and the cost deducted from sale proceeds and copies furnished to the Seller. SWICO Auctions will provide forthe acceptance of major credit cards from buyers and will collect a buyers premium of of each purchase from all buyers, which will be retained by SWICO Auctions. 5. Additional services and expenses for which the cost will be added to the above commission will include: Anv labor for clean up or repairs repairs to vehicles & eauioment to produce an operating machine at material cost plus $10.00 per man-hour. The cost of any hired services will be passed thru to the Seller. 6. SWICO Auctions will make payment to the SELLER and for jointly to any lien holder for goods sold and moneys collected, lass all above listed expenses and fees, within seven banking days of an onrsite auction date, and monthly for items sold over the web page. Payment will be mailed or delivered to the address listed below. 7. Should SELLER elect to terminate or breach any terms of this agreement, or If this sale is canceled for any reason other than an act of God, SFILER agrees to pay SWICO Auctions all costs and reasonable expenses incurred plus 000. as liquidated damages, and any reasonable attorney fees arising from such termination. The removal of any item from this sale by the SELLER after advertising has been placed shall be subject to the commission payment listed above at an appraised value determined by SWICO Auctions, 8. SELLER understands SWICO Auctions will take all reasonable steps to protect the sale items, but will not be liable for theft or damage to the items at any time or for any reason. 9. SELLER assumes ALL risk and liability which may arise from the failure of Seller to comply with any Federal, State or regulatory agency requirements, including environmental pollutants and shall pay all costs for the clean up of such pollutants and any fines or legal action arising from any such liability. 10. SELLER warrants that there are no known defects In the items being sold, or will provide a written listing of any exceptions to SWICO Auctions at least three days prior to the sale for public disclosure, and agrees to hold SWICO Auctions harmless shquld any legal action come forth from such known defects. 11. Special Conditions: None anticipated at the time of signaturebut can be added under mutual agreement by char Many during the term of this contract. beloe This Agreement is entered into on (J 6 by and e I'lArnes 1. Swlge uctlo eer BEL or Agentfor SWICO Auctip s Judae, SP us County 300 East 28 Street Bryan. Texas 77803 979.361.4290 James I. Swigert holds Texas Auctioneer License No. 9214 issued by The Department of Licensing & Regulation, and covered by a Recovery Fund administered by the Department, which can be reached at PO Box 12157, Austin, Texas 78711, (512)-463-7331. VOL 45 PAGE )03 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 26, 2003 ITEM: Request from Verizon to construct buried communications cable installation in the right of way of Elmo Weedon Road beginning at its intersection with Dyess Road and extending into Risky's Ranch Subdivision where it must be placed in the subdivision's Public Utility Easement (total distance of cable installation is 2,256 feet) Site is located in Precinct 3. 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: The portion of the cable which extends into Risky's Ranch Subdivision must be installed in the Public Utility Easement. ACTION REQUESTED OR ALTERNATIVES: 0 SUB D BY: APPROVED B r Richard F. Vance, P.E. Commissioner nny Mallard County Engineer Precinct 3 0003-085 This Request is Approved / Denied by Commissioners' Court Date: Randy County Judge VOL Z{5 PAGE 104- ` V@' L Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 August 15, 2003 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed underground cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5413 - 3PO02FQ which is scheduled for September 22, 2003.. If you have any questions concerning this; work, please contact Joe Young at our office in Bryan, telephone 979-8214303 within 15 days so that we may explain of. modify our proposal, otherwise; it is understood that this proposal is approved. Sincerely, Pn, r 3 . K, -S A/s e4' 6,0vi O,.K. 4 S No r-r-,7 W11 N Jo P=16NA(6. ~E /ciDCLOU»,v~ L~xcEA~ou C Supervisor-Network Engineer 1, WideN Tidy CaB~t )",~rA .,Ar)oj4 C"E-rs- 71) JA:ec Me i~lSkYS IZ9e+~nf Attachment Tb.e CA-BLC- Mu sb ~3E I1V5Q-/3GL6D i,v il{E 11,13Uc UTie-.ry pia s Frn e=N T VOL 4S PAGE 1 c~S VERIZON COMMUNICATION ti. Notice of Line Installation August 15, 2003 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: Verizon will place a buried communication cable along the southeast right-of-way of Elmo Weedon Road for a distance of 2256 feet. This cable will be placed from the intersection of Elmo Weedon Road and Dyess Road to the back comer of Slk 2 Lot 1 of Ricky's Ranch Subdivision. The cable is 1.63 inches in diameter and will be placed 3 feet in the County Road right-of-way at a minimum depth of 30 inches. The creek along this route will be directionally bored. 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 September 22, 2003. CCOM UNICA ISIS 5413-3PQ02FQ Jo Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 VOl 145 PAGE 10 N ~ig r,nasseua r6r° ~owc russEE r~~. P hty~ ~•',_'y`A del ,4.. I.iI ` ~ P P etrB Bon ~~.Y~ ~ ~ YS Y rn I. 5. t ~aYna% -'4 ( d I Y ~i mis fia I~r aa f32•, ~P eby bnj I T✓ I a I E ` e ~ i ~q 4 m ~ 1~4 x OUR y } Y Jk" +)f~a l~ 3 P t ~ i,4 P N ~yb.1 ~a .~~w~+a rot ,k tf . 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