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HomeMy WebLinkAbout2003-10-21-6:30PM-REGULAR T H E C I T Y O F B TEXAS y P.O. BOX 1000 • BRYAN. TEXAS 77805' • (979) 209-5000 July 24, 2003 Mr. Richard F. Vance County Engineer Brazos County 2617 Highway 21 West Bryan, Texas 77803 Dear Mr. Vance: Thank you for your letter dated July 23, 2003, regarding the installation of a water line on Rabbit Lane. Our City Manager, Mary Kaye Moore, shared the letter with me. You are correct as City crews were installing the line to make service improvements in that area Please except my apology as our crews jumped ahead of the process.. While they had good intentions, they failed to notify the County and follow protocol. Unfortunately, we do not have a good excuse for such an error. Our engineering staff will provide you the appropriate documentation so that you can provide the necessary review.: Additionally, our crews will work with you so that you are comfortable with compaction, back filling, and other construction-related issues. I also understand that one of our engineers, Jayson Barfknccht, has visited with Ray Crow, with the County's Road and Bridge Department, about the road surface to assure him that we will repair the road, if we damage it. We attempt to produce quality work with all our projects, and this project should be no exception. You undoubtedly are aware of the benefits the new water line will bring to the area. A two-inch line is being replaced with an eight-inch line, which will provide better service when completed, and serve the area well into the future. Again, I apologize for this oversight. Please know that we have re-evaluated and improved our internal policies to prevent such errors in the future. If you have additional questions or concerns, please contact me at 209.-S 100, or Lawrence Carter (Water Services Manager) at 209-5900, or Jayson Bartknecht (Civil Engineer) at 209-5010. Sincerely,. Hugh R. Walker Deputy City Manager xc: Mary Kaye Moore, City Manager Lawrence Carter, Water Services Manager Linda G. Huff, City Engineer Jayson Bartknecht, Civil Engineer VOL 0 PAGE I S5 'Cp' AFT Ft • FILED - BRAZOS COUNTY NJ W 1 I A 10: 1:8 BRYAN. THXAB ''`'t+iuuG,c,=li.CUllHTYC1:~' uf;AUS COtATY. BRMw- . By: 71~h --.DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS LOUR THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 21 OCTOBER 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1: Invocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3-19 3. Budget Amendments 03/04-2.1 thru 03/04-2.4 4. Payment of Claims. 3: Personnel Change of Status 6. Approval of Contract with the Arts Council of Brazos Valley for FY 2004. 7. Approval of Report on Delinquent Property Tax Collections for Brazos County. 8. Request by Commissioner Mallard for approval of out of state travel to attend meetings concerning the High Speed Rail in Washington D.C.on 27-29 October 2003. 9. Request by Rhonda Gilchrist for approval of out of state travel for Michelle Fecowycz and Ericka Alexander to travel to North Carolina to train for the "Girls on the Run Program" on 9-11 November 2003. 10. Request by Juvenile Services Department for renewal of the building lease agreement with Lucille Varisco and the Estate of Brazos A. Varisco for office space in the Old City National Bank Building. 11. Request by James Morrow, Constable Pct. 1, for approval to appoint Michael Gomez as a non-paid Deputy Constable for Pct. 1. V00+ 1 PAGE I Commissioners Court Agenda 21 October 2003 Page 2. 12. Request by Janice McKean to transfer $4481.00 from the Brazos Center's 2003 Grounds Maintenance Account (710800) to the 2003 Building Maintenance Account (650500) for payment to Swoboda Tile. 13. Request by Janice McKean for approval of the payment authorization to Swoboda Tile in the amount of $4480.65 for installation of tile flooring around the perimeter of the Brazos Center's Assembly 1 room plus labor to remove old tile. 14. Request by Wayne Thompson, Constable Pct. 3, to change cellular phone services from Cingular Wireless to Verizon. 15. Approval of the County Treasurer's Investment Report for the quarter ending 09/30/2003. 16. Approval of the following blanket purchase orders: a. Quick Delivery $3000.00-(District Clerk) e. Tops Printing - $1000.00 (Emergency b. Scott& White Clinic - $2000.00 (Risk Mgmt) Mgmt) c. Bobbitt Medical - $500.00 (Risk Mgmt) f. Metrocall Pagers - $650.00 (Juvenile) d. Quick Delivery - $1000.00 (Emergency Mgmt) g. Metrocall Pagers - $3000.00 (Juvenile) 17. Recommendation by Purchasing to re-award Bid #2003-043 to second low bidder, Lone Star Uniforms, for Sheriffs Office. 18. Request by Purchasing for approval of the Joint Exercise of Powers Agreement and Membership Agreement between Brazos County and the National Joint Powers Alliance. This will allow Brazos County to use.nationally negotiated contracts for a wide variety of items. 19. Approval of request for renewal of Bid 42003-006R for Transportation of Deceased to Medical Examiner to Daniel & Son Funeral Home. 20. Announcement of interest items and possible future agenda topics.. 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. Adjourn. The Brazos Center is wheelchair acccssible. 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) 3614102. VOLTj PAGE 16~ COMMISSIONERS' COURT REGULAR MEETING OCTOBER 21, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center in Bryan, Brazos County, Texas, beginning at 6:30 p.m. on Tuesday, October 21, 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 Court next considered Budget Amendment #03/04-2.1 through 2.4 that would reallocate funds for the Certificate of Obligation Issue, Commissioners Court and Sheriff; transfer funds from Contingency to Justice of the Peace, Precinct 3. 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. VOL 41 PAGE 9 ~g Commissioners Court meeting October 21, 2003 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20046741 through 20046958 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Treasurer noted that numbers 20046741 through 20046761, were for travel advances. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Arts Council of Brazos Valley to provide assistance to local arts organizations for arts related programs and scholarships for young people. The cost to Brazos County will be $18,500.00. The term of the contract is for twelve (12) months commencing on October 1, 2003 and terminating September 30, 2004. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Arts Council of Brazos Valley. A copy of the contractual agreement is attached. VOL ' I PAGE 5q Commissioners' Court meeting October 21, 2003 3 The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the report. The next matter for consideration by the Court was a request submitted by Commissioner Mallard seeking approval for out of state travel for him to attend meetings concerning the High Speed Rail in Washington D. C. on October 27-29, 2003. On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to remove this item from the agenda. The next matter for consideration by the Court was a request submitted by Rhonda Gilchrist, Director of Juvenile Services seeking approval for out of state travel for Michelle Fecowycz and Ericka Alexander to attend the "Girls on the Run Program" in North Carolina November 9 through 11, 2003. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Director of Juvenile Services and approved payment of out of state travel expense for Ms. Fecowycz and Ms. Alexander. The Court next considered renewal of a lease agreement VOL 4 PAGE II0 Commissioners' Court meeting October 21, 2003 4 between Brazos County and Lucille Varisco and estate of Brazos A. Varisco of Brazos County for rental of the old City National Bank Building located at 301 North Main Street, in Bryan, Texas, for the use by the Juvenile Services Department. Term of the lease is for the period of one year commencing on October 1, 2003 and ending on September 30, 2004. The County agrees to pay to the Varisco Estate the amount of one thousand seven hundred dollars ($1,700.00) per month. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the lease agreement between Brazos County and Lucille Varisco and estate of Brazos A. Varisco. A copy of the Lease Agreement is attached. The Court next considered a request from Constable Precinct 1, James Marrow, to appoint Michael Gomez as unpaid Deputy Constable. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Marrow to appoint Michael Gomez as unpaid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was a request by Janice McKean to transfer $4,481.00 from the Brazos Center's 2003 Grounds Maintenance Account (710800) to the 2003 Building Maintenance Account (650500) for payment to Swoboda Tile. On VOL 4 1 PAGE I to I Commissioners' Court meeting October 21, 2003 5 motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered another request by Janice McKean to approve the payment authorization to Swoboda Tile in the amount of $4,480.65 for installation of tile flooring around the perimeter of the Brazos Center's Assembly 1 room plus labor to remove old tile. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter before the Court was a request by Constable Wayne Thompson to change cellular phone service provider for his department from Cingular to Verizon. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's Investment Report Quarter end September 30, 2003. A copy of which is attached to and made a part of these minutes. The Court proceeded to consider the following blanket Purchase Orders: Quick Delivery District Clerk $3,000 Scott and White Risk Management $2,000 Bobbitt Medical Risk Management $500 Quick Delivery Emergency Man $1,000 VOL 44 PAGE i ~a Commissioners' Court meeting October 21, 2003 6 Tops Printing Emergency Man $1,000 Metrocall Pagers Juvenile Services $650 Metrocall Pagers Juvenile Services $3,000 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The next matter before the Court was a recommendation by Purchasing to re-award bid #2003-043 to the second low bidder, Lone Star Uniforms, for the Sheriff's Office. This is necessitated due to the low bidder going out of business as of December 1, 2003. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to award the bid to Lone Star Uniforms. A copy of the bid tabulation is attached. The Court next considered a request by Purchasing for approval of the Joint Exercise of Powers Agreement and Membership Agreement between Brazos County and the National Joint Powers Alliance. This will allow Brazos County to use nationally negotiated contracts for a wide variety of items. There is a $10 fee. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve both agreements. A copy of each is attached. The next matter before the Court was the renewal of Bid 2003-006R for Transportation of Deceased to medical Examiner VOL___~J_ PAGE 1&3 Commissioners' Court meeting October 21, 2003 7 awarded to Daniel and Son Funeral Home. The term of the contract is from November 1, 2003 through November 1, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal. There was no announcement of interest items and possible future agenda topics. Under call for citizen input and/or concerns, the following spoke: a) Ernie Laney, Director of the Information Technology Department, informed everyone that Duane Junek is in stable condition after his fall. He may need a second blood transfusion and will announce the date of the blood drive should an employee like to donate. b)Rhonda Gilchrist, Director of Juvenile Services, complained of problems with the building shifting thus causing some doors to not close or lock. She asked for help. Commissioner Jones said that they were working on the problem and will try to get the County Attorney involved with legal proceedings. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard He and Commissioner Jones attended an Intergovernmental meeting today and discussed the retreat that representatives of the two cities attended. They discussed having another one sometime soon. They discussed health insurance but no decision has been reached. County Judge a) He and Commissioner Jones went to a TxDOT meeting in Brenham. They discussed bringing radar to Easterwood VOL ~R PAGE 1 Commissioners' Court meeting October 21, 2003 8 Airport. It would make it safer and be a good upgrade for the airport. b) He attended a Big 8 RC&D meeting. Former County Commissioner, Walter Wilcox was honored for his work. There being no further business to come before the Court, the meeting was adjourned. VOL_ PAGE The foregoing minutes of the Commissioners Court meeting held October 21, 2003 have been examined and are approved in open Court this the oPq 7 day of 20* in Bryan, Brazos County, Texas, CX~n Eric Caldwell Randy S' As Count Judge Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct 3 rey Caul y, Jr. Commissioi er, Precin Attest: Ka en McQueen County Clerk VOL 41 PAGE I (n ~t BRAZOS COUNTY COMMISSIONERS COURT MEETING ON P003 2003 AT J~ 0 ~m Nam Organization/Department G / C At 7 Co. Tit~ Svcs, ff ~ -wt VOL 49 PAGE 10 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2003 AT ---gym Name Organization/Department VOL 47 PAGE I (Dg BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEA NO. 03/04-2.1 thru 03/04-2.4 On this the 21'h day of October 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 WHEREAS, on October 14, 2003 the Court heard and approved a budget amendment for the 2003-2004 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 September 12, 2003 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21o'day of October, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Ran 4w'-Tounty Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL -y PAGE 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - No. 03/042.1 10/21/2002 FD DIV . ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 243011 71 190 Dr. Janitorial Contract 261.00 01 303011 711190 Dr. Janitorial Contract 311.00 01 110015 611300 Cr. Contin enc 572.00 Justice of the Peace Precinct 3. Constable Precinct 3 To increase the budget to allow the Janitorial Contract for the FYE 9/30/04. The expen diture is split between the two divisions because the share the same buildin . VOL q PAGE I ~a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-2.2 10/21/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 48 634810 808900 Dr. Vehicles 23,800.00 48 634810 801010 Cr. Facility Renovation 23,800.00 C. O. Issue 2003 To reclassify the budget to allow the purchase of a vehicle for the Coun Attorne Divisio which was inadvertently left off the ca ital list. imam VOL 4q PAGE P/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS _ No. 03/04-23 10/21/2002 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 110001 516400 Dr. Hour] - Temporary 543.00 01 110001 518200 Cr. Merit 543.00 Commissioners Court To increase a tempo position from merit. /-041 1 VOL9 PAGE I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/042.4 10/21/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 518200 Dr. Merit 1084.00 01 280020 518200 Cr. Merit 1,084.00 Sheriff To request that merit be transferred from the Jail Administration to the Administration bud et to allow adcance to those personnel who have met the advancement req aired. VOL9 PAGE ~73 PERSONNEL CHANGE OF STATUS COURT DATE: October 21, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status . DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED BUILDING MAINTENANCE BORING, MARY JEANINE BUDGETED STEP.INCREASE COUNTY CLERK CRO WDER, MARY NEW HERE - PART-TIME SHERIFF'S OFFICE / JAIL BALES, ERIC BUDGETED STEP INCREASE CORDIER, FRED BUDGETED STEP INCREASE DAIRY, BEVERLY BUDGETED STEP INCREASE DEJESUS,SERVANDO BUDGETED STEP INCREASE EDMUNDSON, JEAN BUDGETED STEP INCREASE HOLLOWAY, DWAYNE BUDGETED STEP INCREASE JOHNSON, JOSEPHINE BUDGETED STEP INCREASE LYDAY, JAYSON BUDGETED STEP INCREASE MATHIS, SHEREE BUDGETED STEP INCREASE WASHINGTON, DEAN BUDGETED STEP INCREASE WHEAT, LEE ANN BUDGETED STEP INCREASE AG. EXTENSION ZIMMERMAN, ERIC NEW HIRE-FULL-TIME MERIT INCREASES tiitittikiiiitttRittti Rttt Rttktitiiiifitiflik♦lk RtliitiRtKfRipk♦RlHiHt RISK MANAGEMENT BECERRA ROBERTA MERIT INCREASE PURCHASING HOWARD, PAT A. MERIT INCREASE MANN, MARCIA A. MERIT INCREASE STEPHENS, REBECCA A. MERIT INCREASE VOL q-9 PAGE l'1'~ PERSONNEL CHANGE OF STATUS page 2 of 4 COURT DATE: October 21, 2003 DEPARTMENT: Personnel PURPOSE: ARerove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED SHERIFF'S OFFICE AGUILAR, GRACIE MERIT INCREASE ALONZO, LORENZO MERIT INCREASE BALLEW, SAM MERIT INCREASE BANKS, GREG MERIT INCREASE BAYER, LINDA MERIT INCREASE BELL, MATT MERIT INCREASE BOWSER, MELVIN MERIT INCREASE BRAWLEY, ELMER MERIT INCREASE CORTEMELIA, SHARON MERIT INCREASE EMIG, GREGG MERIT INCREASE FICKEY, MARK MERIT INCREASE HERNANDEZ, SALOMON MERIT INCREASE HOLMES, ALTON MERIT INCREASE HOUSTON, SHARUN MERIT INCREASE KINDELL, FRED MERIT INCREASE KNAPP, TANYA MERIT INCREASE KORONKA, LOUIS MERIT INCREASE MCGEE, CLABORNE MERIT INCREASE PAULER DONALD MERIT INCREASE PERRY, ELMER MERIT INCREASE POLLOCK, TAMMY MERIT INCREASE RAM1RE7, ED MERIT INCREASE RANDALL, THOMAS MERIT INCREASE SCHULTZ, SCOTT MERIT INCREASE SEE, LARRY MERIT INCREASE SLEDGE, LARRY MERIT INCREASE VILLARREAL, DAVID MERIT INCREASE WARNER, DONALD MERIT INCREASE WIESE, ALLEN MERIT INCREASE BACHMANN, BRIAN MERIT & BUDGT. STEP INCRS. LICON, VICTOR MERIT & BUDGT. STEP INCRS. POLLOCK, JOHN. MERIT & BUDGT. STEP INCRS. COURTHOUSE SECURITY TODD, IRVIN MERIT INCREASE VOL q9 PAGE 1 1 PERSONNEL CHANGE OF STATUS page 3 of4 COURT DATE: October 21, 2003 DEPARTMENT: Personnel PURPOSE: A~rove Personnel Change of Status . DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED SHERIFF'S OFFICE / JAIL BROACH, CHARLES MERIT INCREASE CHAUDOIN, JASON MERIT INCREASE CURRIE, MICHAEL MERIT INCREASE DROSCHE, DAVID MERIT INCREASE DURON, JOLENE MERIT INCREASE FAVD.A, OSCAR MERIT INCREASE FORSTHOFF-TURNER,RHONDA MERIT INCREASE FOSTER, RICHARD MERIT INCREASE GREEN, ANNIE MERIT INCREASE HENDERSON, ADOLPHUS MERIT INCREASE HENRY, CLARENCE MERIT INCREASE HOWARD, CHARLES MERIT INCREASE JONES, SHERRY MERIT INCREASE KADILAK, PAUL MERIT INCREASE KINDELL, REBA MERIT INCREASE LUCAS, KEVIN MERIT INCREASE MCGINIT, CELIA MERIT INCREASE MOODY, ROSHELETTE MERIT INCREASE MOORE, WAYNE MERIT INCREASE PITTMAN, THERESA MERIT INCREASE SAEN2, BENJAMIN MERIT INCREASE SHANNON, VICKY MERIT INCREASE SIGNOR, MOLLIE MERIT INCREASE SMITH, SHELDON MERIT INCREASE SNEER, CHARLES MERIT INCREASE SPARKS, CHARISMA MERIT INCREASE STUART, KEVIN MERIT INCREASE THORNAL, PAT MERIT INCREASE TOWNSEND, CHRISTOPHER MERIT INCREASE WARD, BERTHA MERIT INCREASE WARE, JASON MERIT INCREASE WALKER, REGINALD MERIT INCREASE WHITE, CAREY MERIT INCREASE WILLIAMS, HOUSTON MERIT INCREASE WINSTEAD, MARK MERIT INCREASE WYATT, LARANCE MERIT INCREASE HEAREN, JOSHUA MERIT INCREASE WILLIAMSON, PAUL MERIT INCREASE VOL 49 PAGE ~7~P PERSONNEL CHANGE OF STATUS page 4 of 4 COURT DATE: October 21, 2003 DEPARTMENT: Personnel PURPOSE: A .Move Personnel Change of Status ..was S..w , DEPARTMENT NAME EMPLOYEE ~NAME ABC T ION REQUESTED' • AG. EXTENSION ANTHONY, CHARLA MERIT INCREASE FONSECA, ALMA MERIT INCREASE GREGSON, BRANDON MERIT INCREASE POUNDERS, PBNNY MERIT INCREASE Approved in Commissioners' Court: October 2I 200 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL-~9 PAGE 177 AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TEXAS § THIS AGREEMENT, made and entered into this day of October, 2003, by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent and officer, hereinafter referred to as ACBV, and the County of Brazos, State of Texas acting by and through its County Judge, duly authorized to act, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, Article 3, Section 52-a of the Constitution, Section 381 of the Local Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage in economic development activities; and WHEREAS, a primary focus of economic development inquires is the quality of arts programs in the community; and WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY through funding and support for programs involving substance abuse prevention and education for Brazos County children through arts programs and continues to provide arts-related programs and scholarships for young people which foster positive self-image and thereby assists in prevention of drug and alcohol use and abuse; and WHEREAS, Article 152m, V.A.T.S. recognizes that health, education and general welfare of the citizens of the State of Texas require promotion and education about the performing, dramatic, visual, and literary arts; and VOL 41 PAGE 17~ Arts Council of the Brazos Valley 2004 Cornet Page 2 WHEREAS, said Article permits COUNTY to provide funding for cultural education facilities, and is to be liberally construed; and WHEREAS, ACBV provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise zones; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 25,000 participants, and resulting in significant purchases of goods from Brazos County merchants; and WHEREAS, ACBV has provided funding to assist local performing arts groups; and WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides for historic preservation; and WHEREAS, other programs provided by COUNTY are directly benefited by ACBV and its member organizations. NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: I. ACBV through its funding and support of member organizations agrees to provide the above enumerated services which it has provided and agrees to continue to engage in support of arts organizations. II. COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to ACBV a lump sum payment of EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS ($18,500) for the year beginning October 1, 2003 and ending September 30, 2004. VOL~41 PAGE jI Arts Council of the Brows Valley 2004 Con"cl Page 3 ACBV agrees to provide an account of how the $18,500 was distributed to meet the above described services. ACBV hereby agrees to hold COUNTY, its officers, agents, servants, and employees harmless from any loss, damage, injury or claim arising from any negligent act during the course of its operations. WITNESS OUR HANDS THIS day of October, 2003. ARTS COUNCIL OF BRAZOS VALLEY, Inc. BRAZOS VALLEY By: By. Executive Director Rand uns, County Judge By: resident CERTIFIED AS TO AVAILABILITY OF FUNDS: By: Katie Conner, County Auditor COL 1 PAGE BUILDING LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this 26th of August. 2003 by and between LUCILLE VAHISCO AND ESTATE OF BRAZOS A. VARISCO ("Lessor") and BRAZOS COUNTY and the BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT ("Lessee"). NITNESSECR: 1. PREMISES. For and in consideration of the rental to be paid and the covenants to be performed by Lessee hereunder, Lessor hereby leases, demises and lets to Lessee the Premises known as Old City National Bank Building situated at ant North Main Street , Bryan, Brazos County, Texas, being space commonly known as a_676 a fast of }wilding ounce at _301 N. Main Rt. (the "Premises") upon the following terms and conditions. 2. Tai Unless terminated as provided berein, this Lease shall be for a term of one year(s), "Primary Term" commencing on _ October 1. 2003 . and ending on September 90. 2004 , unless earlier terminated, and upon and subject to the covenants, agreements, terms, provisions, and limitations hereinafter set forth, all of which the Lessee and Lessor covenant and agree to perform and observe. 3. RENTAL. Lessee shall pay to Lessor at their office at 219 North Main St., Bryan, Texas, as rental during the Primary Term of this Lease, unless earlier terminated pursuant to the terms hereof, the total out of $20.400.00 Twenty Thousand pour Hundred and no/100 Dollars payable in equal installments of $ 1.700.00 per month in advance on the first day of each month during the term of this Lease beginning on October 1. 2003 4. ADVANCE DEPOSIT. Lessee shall, on execution of this Lease, pay to Lessor the sum of N/A , receipt of which is hereby acknowledged ae an advance deposit. This advance deposit will be refunded on the expiration of the Lease provided that the premises are left in as good or better condition when leased and any and all damage is repaired to the satisfaction of the Owners. 6. USR an IIT Lessee shall have the right to use the Premises for e purpose of ooerating'Ehe Academy Lessee shall promptly comply with all regulations, orders, ordinances and laws of legally constituted authorities applicable to the use and occupancy of the Premises. Lessor warrants and represents to Lessee that Lessor has full right and lawful authority to enter into this Lease. Lessor makes no warranty as to the validity of the Lease under applicable governmental regulations for the use intended by Lessee hereunder. Lessee shall have and hold quiet and peaceable use and possession of the premises during the entire Lease term so long as Lessee is notiin default hereunder. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be enforced, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee, including but not necessarily limited to the use, storage, and/or disposal of materials classified as hazardous, toxic, flammable or otherwise dangerous to the environment. Lessee further agrees to comply with all statutes, ordinances, and/or regulations governing the use, storage and/or disposal of such hazardous, toxic, flammable or environmentally dangerous materials as promulgated by federal, state or local authorities. 6. MAINTENANCE and REPAIRS, Lessee agrees, at its own expense, to fully maintain the Premises and appurtenances thereto in good repair, and in at least se good condition an that in which they were delivered. Lessor will not be required to perform repairs or any maintenance whatsoever. No alterations may be made without first obtaining Lessor's written consent thereto. 7. UTILITIES. Lessee further agrees to furnish, while occupying such premises, all utilities (water, lights, air conditioning and heat) and janitorial services and any other maintenance required. PAGE VOL g -2- •aeva7 sTga a4vuTmaal Oq uoT4do pw 492Ta eqq eelq TIM 001881 1101861 uede 41"Op so e0Ta0u ugajae ao 1010001 a0gdv 1hp (Ai) ual uTgITn eano v 4oa;;a 04 pansand ATluaBTTTP Pm P8lvPTul lou 87 41w;ap gons nano of uol;m ao pain lou WT lTnv;op gons pus auamewav sTgl ;o aoTgTpuoo ao gwwno0 sw ;o aomesaoped aql UT 4lw;ap PTnogs 2098a7 4aaea aql ul •fl06687 ]lfl '9T '50911gaad agl ;o voTsOassod sagvl aass87 a84;v BUT=300 ao BuTsTav Nsva7 aql ;o emaal aq4 o; luensand aassa7 ;o OOMOTNO ao lww400 'uopTpuoo sw ;o govaaq ago (0) ao aTvdaa ao eowve4uTvm aadoadmT 'aTadaa io aouvua4ujw ;o AOVT 'uopona4suoo aedwdsT ;o llwaa aql aq loa;ap goue aeglagx 'uoaaag4 squamaAwdW7 aql ao saaTmaad aql uT 100;ap unom(un sw (q) ao 'aos967 ;p vaasoTdma ao elweaes 4914uaBv aq'4 ao 4aossa7 wq4 aaglo auosw ;o aouoB112au eql (v) sw; Bu14Taaaa slaadoad ao suosaad of (glvap BuTpnTouT) san('uT ao a$vmsp sw ao; shad pa7gl sw ao aassa7 of aTgvTT aq 4ou TTvgs a069a7 •9as7Waad eql ;o souvdnooo pm asn s,aasea7 ;o lno BaTslav suosaad 04 (glvap BuTpnTouT) sa7anCuT ao slaedoad of ea$vwp ;0 4unooov uo ao ao; svTvTa Us 4vuTv2v pw moa; 6881mavg aossa7 aevs pw s;TwapuT 04 saaasv aassa7 T$yTN-N-Sffl- -VT 'saaansu7 gons sq pasTan sTanT40a;;a aq TT In aowanauT qons aapun aassa7 ao aossa7 gsu7vBv uoT40oagns ;o s4gBTa TTv leg4 os saaansuT aeTloadsaa a7agl sq paaTnbaa aq svm sa uo7lw gons sTldWwd aAv4 04 aaasv aassa7 pus aossa7 'paaneuT Pamvu aq4 w aassa7 pus aossa7 gloq aanoo 4ou seop 14oTgm aowansuT 140ne TIN of 4oedsaa gl7,y 'ssoT ao asvmvp ago ;o aswo aql ;o esaTpavEaa 'saaTmaad ago ao P043npu00 saTIT^Taw ao uo 64aadoad glTn uoTgoauuo0 uT aowansuT sq paaaeoO ao 'saaTmaad eq4 uo a0wamuT sq paaaeoo pavzvq sw sq paswo ao moa; BuTsTav saTITTFgv?i puv smTvTo ITv moa; aag4o Bova asavgoa7P pm aevalaa sTTvnpm Agaaaq 'magl aapun BuTmTvTO vOTlavd-TTv Pug '0811007 Pw aossa7 THOUVOORM -ST •aauBTsap s,aossal ao a0ssa7 07 e0Tl0u ,96ap (01) uel BaTnTB lno14l7n apam eq ITTn uoylvlTaOwo ao 08wg0 403TOd ou 4agl BuTavas pas aapanaaaq pautulu7vm eq 04 paaTnbaa aowansuT aql BuTvwpTea (e)a1v073T1aa0 aossa7 01 gaTuan; 014 (s)aaansu7 aq4 asnvo TTvgs 4a3sa7 'aossa7 ;o 4sanbaa ual4Tan uod0 •luappav auo uT slaadoad of sasvvvp ao; 0001000114 pus 'luappau auo uT uosaad auo 'uvg4 aaom of (14lvap 39a7pnTOaT) saTanCuT ao; 0001000916 'uosaad auo o4 (glvap 8u?pnTauT) se TanruT a0; 000'0055 tuvgl ssaT 40u ;o s47m7T aevq TTvgs 0070110d 10 sOTTod gotgx 'saaTmaad aq4 ;o souvdnooo pus uoTlvaado 'a0waolulm 'son aql ggTn uoT4oauuoo u7 ao ;o Ono BuTsTav uoT40v ;o asnvo PUN spwmeP 'smTvTO lsulvsv (paanOuT TvuOTITPPv us sv pamvu aossa7 glTn) aessal ;o asua;ap pm uoTlvoT;TuaapuT 'uo7loa4wd aql ao; aowansuT AiTTTgvTT ;o 80TOTTod ao soTTod v 'asuadxa pus 4500 uno sly qv '40a;;a pas OoaO; u7 u7vlulvm ITv14s a8ssa7 'Waal aeva7 aql BuTanp NMI TIN 4tl 780 Iuvil •ZI 'aassa7 sq palvaado slualuoo pus sBuTpTTnq aag4o Ba;aanoo 60701Tod 4a uvTq aapun pau7vlups aq sum aowansuT qons 'sexal ;o alvls aql u7 aowansuT alTan of pazTaoglnv (9)aaansu7 sq aN41PA aq TTvgs asval sTgl ;o suo7s7eoad aq; aapun pauTvluTvm aq of paaTnbaa aouansuT ITtl MOMM 'IT 'saxv4 gons ;o lunow 0g1 a06sa7 0; svd TTvgs aassa7 pwmap uodn 'uagl 'soxvl pasvaaou7 aql ssvd aossa7 pus saan4x7; pue s4aadoad Tvuosaad gons ;0 uoTpnTouT sq pasvaaouT s7 84aadoad s,aossa7 ;o an7ve passes" oql (TT) ;T ao amvs sql ssvd aossa7 (T) pus 44aadwd 9,aossa7 ao aossa7 4suivft passassv ao paTaaT aav saxv4 140ns sw ;1 •8eva7 6781 ;o Waal aql BuTanp sasTWaad aql uT PaOvTd saan4xT; so slaadoad Tvuosaad 6w lsu7v8v passassv ao pa7eaT saxv4 TIN a0; aTgvTT eq TTvgs 006087 •asaal sTgl ;o meal aq4 BuTanp saaTmaad 0144 4su7vBv an100v gOTgn saxvl maaolvn pv TIN svd al saaasv pus s4wuaao0 aosaal 7grMl •0T 'Tvnomaa gons sq posnvo sasvvNp aq4 sa7vdaa 009sa7 ssaTun aossa7 ;o slaadoad aql eq pas sas7uaad aq4 ;o 4avd v wooaq TTvgs sasTWaad aql asvmap' sTM4wlsgns 117n Ivnomaa 01044 4vgl aaumm v gans uT sas7maad aql o4 paxT;;v easea7 ;o slaadoad Tvuosaad sutl 'asval sTgl ;o =uOT4vuTmaa1 eql aao;eq am7l sw lv 'asuadxa pus lsoo uwo sly 4v 'aassa7 sq panomaa vq ANN pus aassa7 ;o 67ae4u4C aql uTvmea TTags saan4xT; apeal pw aanlTuan; 'quamdTuba gons ITV 'aeva7 s7gl ;o Waal all BuTanp amTl 04 OWTI mw; pm amTJ sw lv sas7Waad Pasea7 agl NO saanlxT; opval puv aan4Tuan; 14aamd7nba TTalsuT 'asuadxa pus lso0 uno 614T 4v 'Ass aassa7 TM= •6 'asawo44v s,aossel ;o NOW aTgvuosvaa BuTpnTouT 'mw;aaagl BuPlnsaa spavmap pw OUIMO '8814Tvuad 'sl7ns 'e074TIMT1 'slsw TIN mw; pw ;saly" aoeeal smTmavq pToq pus s;TumepuT TTvgs aassa7 pm :;oaaagl BuITT; eql ;o aassa7 04 aossa7 moa; 00140u aalllas aal;v,ssvp (OE) d4aTgl ulg4Ts pepuoq ao pa00ea ;o pesavgos7p aq of emve 9g14 Demo 'asuadxa pus 14000 MO v4T 4a 'TTags vassal ';oaaagl uoTlaod sw ao vasTmaaa aql lsu7vsv ao aossal 4suyasv POTT; aq TTvgs sauom ;o luamsvd aq4 ao; aapao ao asavgo 'uaTI aaglo ao ua7T 's,OTwgOam sw 'aassa7 ;o uo7ss7mo ao lov sw ;o aenvoaq ';I W 's VOL 41 PAGE 180 15.1 DEFAULT BY LESSEE. In the event (a) Lessee shall be declared bankrupt, be deemed in receivership, or take advantage of any law for the relief of debtors, or (b) if Lessee should default in the performance of any covenant or condition of this agreement ( including the payment of any rental installment due hereunder ) and such default is not cured or removed within ten (10) days after service or written notice of default upon Lessee, then, in any such events, Lessor shall have the right and option to terminate this Lease, to re-enter the Premises, to evict Lessee and to remove Lessee's posmaeeioas, all without being deemed guilty of any trespass, and without prejudice to any claim by Lessor for damages for breach of covenant or for arrears of rent. 16, HOLDING OVER, In the event Lessee, or anyone claiming under Lessee, continues to occupy the Premises after the last day of the Lease term, and the Lessor elects to accept rental thereafter, a tenancy from month to loath shall be created at one and one half times the last monthly rental rate and upon the other terms and conditions existing on the last day of the Lease term as herein provided. 17. ENFORCENENT. In the event either party resorts to judicial proceedings to enforce any right under this Lease or to obtain relief from the breach of any covenant hereof, the party ultimately prevailing in such proceedings shall be entitled to recover from the defaulting party the costs of such proceedings, including reasonable attorney's fees. 18. NMICES. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered (i) whether or not actually received, three (3) days after being deposited in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or (ii) when received, if delivered personally, addressed to Lessor or Lessee, as the case may be, at the address set forth herein or at such other address as such party may hereafter designate by notice to the other party. 19. ASSIGNMENT and gUELEMNG. Lessee shall have no right to assign this Lease, any interest in the Lease, nor to sublet any part of the Premises, or any right or privilege pertinent to the Lease or the Premises without the express, written consent of Lessor. 20. EXECUTION. This agreement is executed in multiple originals as of the day and year first written above and shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, successors, assigns and legal representatives. The paragraph captions used herein are for convenience only and shall not be deemed to have been included for my other purpose. 21. ENCUMBRANCE TRANSFER and ATTORNNBti'1' Lessee shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the premises except as provided herein. In the event of the transfer and assignment by Lessor of its interest in this Lease to a person expressly assuming Lessor's obligations under this Lease, Lessor shall thereby be released from any further obligations hereunder, and Lessee agrees to look solely to such successor in interest of the Lessor for performance of such obligation. t 22. SUCCESSORS IN INTEREST. The covenants herein contained shall, without altering the prohibition against assignment and subletting by Lessee without Lessor's prior consent set forth herein, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. 23. OPTION TO REM, Provided Lessee has not defaulted in any of the terms, conditions, and provisions hereof, Lessee shall have the right of renewing and extending the term hereof for an additional period of N/A year(a) beginning on the expiration date of the primary terms of this lease and upon the terms, conditions, and rental payment as agreed to by both parties. In order to exercise this option, Lessee shall give to Lessor notice in writing, at the last known address of Lessor, not less than sixty (60) days prior to the expiration of the primary term. 24. NUISANCE. Lessee covenants that Lessee shall not suffer, permit, or allow the existence of any circumstances that constitutes a nuisance or unreasonably interferes with the safety, comfort or enjoyment of the Premises, or any property in close proximity to the Premises owned by other members of the general publio: -3- VOL it PAGE 1 83 25. LATE PAYMENT CHARGES. For a late payment of rent, after a ten (10) day grace period from the date due, Lessee will be charged a late fee of up to ten per- cent (10%) of the monthly rent. 26. 1~Y6R: Lessor agrees to waive all prejudgment liens and lien rights. 27. 4'IME. Time is of the essence of this Lease. 28. IN WITNESS WHEREOF, The said Lessor has hereunto set his, or its, hand and the said Lessee has hereunto set his, or its, hand the day and year first above written. LESSOR: LESSEE: LUCILLE VARISCO AND ESTATE OF 9.0 OD OM RNEHILE SERVICES DEPARTMENT BRAZQ;LAF BY: 4'wo~ BY: Cosmo F. Guido, General Manager Rand Aims, County Judge TITLE: County Judge - Brazos County ADDRESS: 219 North Main St.,7th Floor ROME ADDRESS: 3DO East 26th St.. Ste. 114 Bryyan, Texas 77803 ~~{J Bryan, Texas 77803 DATE: NDU .2 S`~ zQ~73 DATE: -4- VOL q1 PAGE ~l5 KAY HAMILTON County 'heaaumr Brszos County Courthouse 300 E. 26th Suite 313 Bryan, Texas 77803 (979) 361.4340 DATE: October 15, 2003 / TO: Hon. Randy Sims, County Judge Hon. Tony Jones, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: quarter Ending 09/30/2003 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 1.0586% on funds invested with TexPool for the quarter ending 09/30/2003. Investment interest deposited during the quarter was $19,359.10. Year to date invested funds interest was $203,185.03. The average Earnings Credit Rate on checking account interest during the past quarter was 1.62% netting $106,774.85 of interest earned for the quarter. Year to date checking account interest was $405,657.29. The total of interest earned year to date was $608,842.32. The weighted average maturity of the invested funds was 1 day due to the liquidity of funds invested with TexPool. On July 10, 2003 the Brazos County Investment Advisory Committee met. New members, Doug Barkley, Kenny Mallard and Candy Gallego were introduced and appraised of past investment strategies and policies. During a discussion of the investment environment it was noted that the Brazos County Depository BanKs interest rate was higher than that of TexPool and other short- term investment products with maturities less than 2 yews, as required by the Brazos County Investment Policy: All funds deposited with the Bank are 102% fully collateralized according to the Brazos County Depository contract and the Public Funds Collateral Act. After a review of the types of collateral being used to secure County funds, a decision to move all invested funds from TexPool to the County Depository was agreed upon. On August 08, 2003 all invested funds with TexPool were withdrawn and deposited into the Brazos County Depository Bank. This strategy will remain in effect until a change in the economic climate justifies the purchase of investment securities or re-investment with TexPool. VOL PAGE 1 S.5 Summary of Portfolio Changes Fund group I Beginning Book Value (06/30/03) $17,578,786.14 Beginning Market Value (06/30/03) $17,578,786.14 WAM at Beginning Date 1 Day Change to Market Value ($17,578,786.14) Ending Book Value (09/30/03) $ 0.00 Ending Market Value (09/30/03) $ 0.00 Unrealized Gain/[Loss] 0.00 WAM at Ending Date 0 Days Investment interest deposited: Checking Account Interest Earned: October 2002 $ 27,492.90 $ 28,712.27 November 2002 $ 22,370.50 $ 22,994.47 December 2002 21675.29 $29,738.26 Q/E 12/31/02 $ 71,538.69 $ 81,445.00 January 2003 $ 20,605.86 $ 34,571.91 February 2003 $ 18,071.95 $ 33,351.12 March 2003 $19,770.94 $32,518,06 Q/E 03/31/03 $58,448.75 $100,441.09 April 2003 $ 18,191.28 $ 30,738.73+ 31,319.68 (Adjustments) May 2003 $ 18,364.85 $ 28,159.38 + 2,098.93 (Adjustment) June 2003 117.2$2.36 $ 24.679.63 Q/E 06/30/03 $53,838.49 $116,996.35 July 2003 $15,831.46 $ 27,072.62 August 2003 $ 3,527.64 $ 40,479.21 September 2003 0.00 $ 39.223.02 Q/E 09/30/03 $19,359.10 $106,774.85 YTD TOTALS $203,185.03 $405,657.29 Attached are the following reports: 1) Quarterly Investment Activity Report 2) Deposited Interest Summary per Fund To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. 7 f s~ 10 - le; - 2 0 0 3 . "Kay Ha on, County Treasurer Date ILAA 10 - 15 - 03 Terri White, Chief Deputy Treasurer Date VOL 49 PAGE I J a a N N q M N H P w 1~ O k' $ ~ q ON N q N N F O N M f b m F N M N M N C d y~ b F !q~ W fL N 1 w , YS )K F ~ N S ~ wN NMM a U ~ ~ M w0 W LL O W % V w w N N N K Yi ~ 8 5 d ~ N ww Nww Z 3p ~ F w w ~d x O M N N N N r ~ ~ O N C4 LL N rv 2 N N M N a a so LL I VOL PAGE Q $7 W n N y~ A w ^ ;j r W i i^ r G P M ~ ~ o pi ry a N N N N 0 w aG m A N H NNrM~yH~mNH pN pH MNM N' (Ny (NyNNNN NN mM fNp N N qN Np~ p Y N~y NOY(~ON N N~y NAN Y Q Y Y wo w Vp pY ~~mmOA m0l~nrw nn~ fOw CI~YY m m m m mm N N N N N N N M M H M M N N N N M N N N N N N N N N N N N H H H N M pH NNNN N yM H y N N ~ r p~ r ~ i ~ r ~ H . ((ph , (Wp , pW Y , N O m m ~ m n 10 m m N Cl r NNNNNN NN{N~NNN ~NyMNM pHH HN ryNM ❑ Q (Op y~ YY i tw"1 , O , qN 0 O ~ A LL Q' CJ ' Cl 1 N fV Cl N r N N 1 N 1 N } m ~ N N N N N N N N M H N M M N N N H H N N H M E mpy mm~ mn {w~~ n io ~i p`n, Y C) fV N ~ N I N N ~ P m F N W W N M M M g M M N p N N N N N ^ N N m N N N N aa N z F r N W , rwfJ, 10 m ~ n C] ~ m W f O ~ tC ~ to A ' fG ~ n r 0D ' ro ' b ~ N ' Z W F w ~ N H G N N N N. mN N p N N y N~ N wN NNNN N tN1 N N N ❑ m O) Og b M rD l7 Y 1~ N N W W n O O N -u M N N N H H M M N N N N N N N N N N N N N } p m ~m m p ~p NN pp m LL NN mrm fy O INS, r[i n00 W N ~Nr Y~<. rp N yOr~ P. ~ O O QQ w N~ N N P' w N N w t7 W W 0 m w Y ' ~~F{mmm wr~r~m wmm~ ',4 a m n m 06 Y m P m P N N M N N N H H M N N N H H N N N N N N N N N N O ~ ryC E ryC C Cm ~l ~ C {RLp 0 ~ d ' rCS ur m V.C b - ~ L E ~ ~ u' ~C `J {9 ~ Fi ~ J C N N m C ❑ 8v$m~ g~ h L.CO ~ SS~~3 5{5 O q q, g ~ . O U$ m m v ~ m w a7 ~ $ ~ $ a Ot-Zr-❑~ ~hLLF 4TH 8 88 h 88 ee"" CCC ~r CC gul I LL r. VOL PAGE 1 r j ~ S N N 33 ~sails 3 N yy S 5s `g ~ O A~~o 1! 3 q, c N 6 z o am a a 5' S' a 5 0 Z o c c u o ~ c s' as ' IN € ;p p a a `y m~ Yc f Y nsc .N rc 8, a ~ ~f A a a a~ FEE d M K a ~ 0 0 o Z 9 T a Ir VOL 4~ PAGE 18°I Joint Exercise of Powers Agreement PA Between _ the National Joint Powers Alliance and Participating Governmental Agency Agreement The participants in this Joint Exercise of Powers Agreement, through action of their governing bodies, agree to jointy or cooperatively exercise any power common to them or any similar powers. The term "governmental agency" as defined and used in this agreement, includes city, county, town, school district, education agency, post secondary institution, cooperative, governmental agency or other political subdivision of any agency of any state of the United States or any other country that allows for the Joint Exercise of Powers, and includes any instrumentality of a governmental agency. For the purpose of this section, an instrumentality of a govemmental agency means an instrumentality having independent policy making and appropriating authority. Purpose. The purpose of this agreement is to allow for the cooperative efforts to provide for contract and vendor relationships to purchase supplies, materials, equipment or services hereinafter referred to as 'goods and services", as a result of the current and active competitive bidding process exercised by a legal qualifying bidding agency on behalf of governmental and other qualifying agencies. Qualified customers may forgo the competitive bidding process as a result of this action and process provided on the agencies behalf. Reference the Uniform Municipal Contracting Law MN Statute 471.345 subd 15. This provision is also made possible as a result of the purchasing contract development through a national governmental agency association's purchasing alliance. WHEREAS, parties to this agreement are defined as governmental agencies in their respective states; and WHEREAS, this agreement is made pursuant to the Joint Exercise of Powers Acts of the states or nations of the respective participating governmental agencies which authorizes two or more governmental agencies to exercise jointly or cooperatively powers which they possess in common; and WHEREAS, the undersigned agency is authorized by Intergovernmental Cooperation Statutes to enter into an agreement with other governmental agencies to cooperate together and purchase any and all merchandise otherwise available to qualifying governmental agencies; and WHEREAS, the undersigned governmental agency desires to enter into a "Joint Exercise of Powers Agreement" with National Joint Powers Alliance (hereinafter referred to as NJPA for the purpose of accessing available purchasing contracts for goods and services which can be most advantageously done on a cooperative basis; NOW THEREFORE, it is mutually agreed as follows: That the participating government agencies in this agreement; i. shall provide in a cooperative manner access to each others purchasing efforts to procure supplies, equipment, materials and services hereinafter referred to as. "goods and services'. 2. will adhere to any and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation. 3. may terminate their participation in this agreement upon thirty (30) days written notice. 4. do not claim any proprietary interest of any. nature whatsoever in any of the other participants in this agreement 5. shall indemnify and hold harmless all other participants from any and all claims, demands, losses, damages, injuries, suits, penalties, costs, liabilities and expenses, including but not limited to reasonable investigation and attorneys fees. s. agree to abide by all of the general rules and regulations and policies. of the participating agencies that they are receiving goods and services from. The Board of Directors of the NJ PA shall serve as the governing board of this Joint Exercise of Powers Agreement in cooperation with and as a division of the North Central Service Cooperative, a Minnesota Service Cooperative created and governed under Minnesota Statute 123A.21 and working in cooperation with NJPA to provide purchasing contracts to the qualified membership. Minnesota's Joint Exercise of Powers Statute is MN Statute 471.59. NJPA's purpose is to provide for the purchase of goods and services through the competitive bidding process on behalf of its qualified and participating govemmental agencies. This agreement allows for the NJPA to provide procurement contracts on behalf of all qualified participating agencies in cooperation with the Uniform Municipal Contracting law, MN Statute 471.345 Subd 15. VOL41 PAGE 00 Participant Information National Joint Powers Alliance Br aZOS 0.6u h -l-u Organization Name -:500 E a lo~f.,S+, S+e I1'1 200 First Street NE, Suite 1 li~ru Qn TX -77 805 Staples, Minnesota 56479 Address Marcia fYl ann Contact name Phone: 218-894-5477 Fax: 218-894-5495 V U r Email: mikaQncscmn pro Title Website: www ncscmn.ora Reference: q ,7q - 3~ i _ 4;)-q4 Minnesota Joint Exercise of Powers M.S. 471.59 Phone 9'I9- 3l0/- qDLq3 Fax . ra, mannQ Co bra2os,+x. us Email Co. b1r2 ZOs .+x. us Web site Participating agency Joint Exercise of Powers authority granted under State Statute # Q17 /O X 0i I-o(7,21 C,Or). (2,08 The undersigned parties have agreed this day to the above conditions. ~Ya2 o S Orga ' tioN n r National Joint Powers Alliance Autho' Signature Authorized Signature ue\ + 0A Titre Title Date Date VOL p 1 PAGE) National Joint Powers Alliance (NJPA) Purpose and Rationale The purpose.of the NJPA as stated in the Joint Exercise of Powers Agreement is as follows: Purpose. The purpose of this agreement is to allow for the purchase of supplies, materials, equipment or services hereinafter referred to as "goods and services," by qualified agencies without regard to the competitive bidding requirements of any governmental agency. This provision is made possible as a result of the purchasing contract developed through a national governmental agency association's purchasing cooperative. The purpose of the NJPA as stated in the Articles of Incorporation, Article III, is as follows: The general purpose of the National Joint Power Alliance is to create and host a national municipal association's purchasing cooperative through a joint powers agreement that makes purchases from more than one source on the basis of competitive bids or competitive quotations. "Municipality" is defined as any county, town, city, school district, municipal corporation, political subdivision, government agency, non-profit corporation, charity, or any other agency authorized by state or federal government to enter into a purchasing contract alliance without regard to its competitive bidding requirements. The Rationale for forming the NJPA lies under Minnesota Statute 471.345, Subd.1 and Subd.15, as follows: Subdivision 1. Municipality' -defined. For purposes of this section, "municipality" means a county, town, city school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Subdivision 15. Cooperative purchasing. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. VOL 0 PAGE 1~a Membership Agreement National Joint Powers Alliance This Agreement, made and entered into this _ day of 200_, by and between National Joint Powers Alliance hereafter referred to as NJPA and 'bra 20 S G 0 u"i- u hereafter referred to as the Governmental Agency. Witnesseth: That for a good and valuable consideration of the premises, mutual terms, covenants, provisions, and conditions hereafter set forth, it is agreed by and between the parties as follows: Whereas, the NJPA was created by the legislature (M.S. 123A.21) to assist in meeting specific needs of clients in participating governmental agencies which could be better provided by NJPA than by the agency themselves; and Whereas, the NJPA shall provide those programs and services which are determined pursuant to Subdivision 7, to be priority needs of our members and shall assist in meeting special needs which arise from fundamental constraints upon individual government agencies; and Whereas, the NJPA Board of Directors has established the ability for agencies that want to participate in NJ PA programs to become a member, and Now Therefore, it is hereby stipulated and agreed that this government agency desires to be a full Member of NJPA with full benefits as well as eligible to serve as a member of the NJPA Board of Directors. MN Statute 123A.21 subd 3 allows qualified agencies to be a member of one or more MN Service Cooperatives Term This continuing agreement shall remain in force until either party elects to dissolve the agreement by written notice. THEREFORE, IN WITNESS THEREOF, The parties hereto have executed this agreement the day and year above written. 61'3705 C0u -N u National Joint Powers Alliance Soo E , a(o 4, 5+ Ste it 7 2001` St NE, Suite 1 Y 2n TC 'O Staples, MN 56479 Agency nnaaa /ad s By: BY: An~utho ' ed signature Authorized Signature l..~uv~~W )udGe. Title Title Fees Annual membership fee applying to all organizational benefits is $ 10.00 per year, payable to N]PA at the date of the authorized member signature. This membership agreement is also your invoice Annual Amount due $ 10.00 Amount Paid Date VOL 49 PAGE jq3 nuation Sheet Bid Request No. 2002-016 OS COUNTY, TEXAS Page 5 of 5 pages (d) If so requested, Certified Copies of all porioies will be fumished. 7. Continuation of Cover ge: If any of the above coverages expire during the term of this contract, the contractor shall deriver renewal certificates and/or policies to Brazos County at least ten (10) days prior to the expiration date. 8. For questions conceming insurance, please contact Bill Jeanes, Brazos County Risk Manager at 409/361-4246. E. QUOTATIONS (rhis section must be completed in Its entirety.) 1- Staff and Professional Services $ 6g8 (to include staff and all other administrative support expenses) 2 - Loaded Mile $ 1,25 per mile n eo 2a - Round Trip to Bexar County Medical Examiner Cj o20. s 00 2b - Round Trip to Travis County Medical Examiner $ 3 - Disaster Pouch (d needed) $ 100 , z each F. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any.other biddef rior to t/he cofficial y y_ g of this bbiidd.. Signed By: -u^^.~ di 'rlI `f' `f 3 (o a- Tire: FL. . TJ.A~ - kr-K~ Typed Name: Kenneth L. Robinson Company Name: Daniel & Son Funeral Home Phone No. 822-2841 MairingAddress: 901 W. 18th St. Bryan Texas 77803 P. 0. Box or Street City State Zip Employer Identification Number. 742469652 Social Security Number: 467-80-6727 CORPORATE SEAL. IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2002-016 VOL 49 PAGE--1'q RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew RFP #2003-0061 in accordance with all terms and conditions agreed to and accepted as Bid # 2004- 001R I understand this purchase order will be for the period beginning November 1, 2003 through November 1, 2004. DANIEL AND SOON FUNERAL HOME 11 Authorized Representative Date BRAZOSCOUNTY APPROVED Ra Sims, County Judge Dat VOL'41 PAGE I