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HomeMy WebLinkAbout2010-03-02-9:00AM- REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA P E�tw,ii� t BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 MARCH 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 14: 3. Budget Amendment 09/10 - 20.1 thru 20.5. 4. Personnel Change of Status. 5. Payment of Claims. 6. Mutual Termination Agreement with Texas A &M University to terminate the Concessionaire Agreement presently in force and dated 8/01/07 for the Brazos County Exposition Complex, and amended on 11/17/09. 7. Agreement with the Lions 71 Breakfast Club Corporation for the operation and maintenance of the Brazos County Exposition Complex Concession; term of agreement is twelve (12) months from execution of this agreement, with two (2) one -year options to renew (previously tablet!). Office of the County Judge • 1 200 South Texas Ave. • Suite 332 • Iran, Texas 77803 • Fax: (979) 361 -4503 Vol. �— P g' Imo__ Commissioners Court Agenda 2 March 2010 Page 2 8. Amendment to the Contract for Juvenile Residential Services with Victoria County, adding a "Specialized" level of care at $127.00 per day, and a "High Risk" level of care for an additional $125.00 per day along with the regular stated daily rate. 9. Tax Refund Applications for the following: a. South -Tex Turbine Supply Co. Inc. g. Millican Land & Royalty Trust b. Bank of America Leasing h. Kirkwood & Darby Inc. (2) c. Ted Whitmer i. Charles & Jo Lynn Vernon d. Donna J. Reed j. Hope A. Benavides e. Pool Fletcher L Family Trust k. Elliott Interests LTD f Bryan/College Station Habitat for Humanity 10. Change Order to purchase order #10000732 for the purchase.of a Dodge Charger for Juvenile Services; the vehicle previously quoted by the vendor is not available this year. 11. Renewal of bid 2009 -032R, Internet Service Provider for the Courthouse Complex, with Managed Network Solutions, effective 3/04/2010 through 3/03/2011 with no change in cost; new bid 42010 -27R. 12. Requisition #00028206 in the amount of $10,068.00 to AAA Overhead Door Co. for the replacement of two shop doors at Road & Bridge. 13. Convene into Executive Session pursuant to §551.087 of the Texas Government Code to discuss economic development negotiations. 14. Consider and possible action on the Executive Session. 15. Acknowledgement of the 2009 Racial Profiling Report for the following Brazos County offices: a. Constable, Precinct 2 b. Constable, Precinct 3 c. Sheriff's Office 16. Acknowledgement of the Monthly Reports submitted in February 2010. These reports are available for review in the County Judge's Office. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn C91 Vol. Commissioners Court Agenda 2 March 2010 Page J PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking lo, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: I. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the Slate of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 At 02. voL 1 3 Pg. 3 BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA `'tj `r 8 ? b t, : 3 r - q BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 MARCH 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Requisition #00028238 in the amount of $123.60 for the purchase of a desktop radio microphone for the Precinct I Constable's Office. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. 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) 361 -4102. Office of the County Judge 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361 -4503 vo 1 3A _ — PP• I COMMISSIONERS' COURT REGULAR MEETING MARCH 2, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 2, 2010 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #09/10 -20.1 through 20.5 that would reallocate funds for the Brazos Center; and transfer funds from Constable, Precinct 2 to General Capital Improvement Fund, from Contingency to Sheriff's Office: Jail Division, Court Support Costs, Vol 13A Page 5 Commissioners Court meeting March 2, 2010 2 Magistrate #2. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7071541 through 7071808 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the Mutual Termination Agreement with Texas A &M University to terminate the Concessionaire agreement presently in force for the Brazos County Exposition Complex. Commissioner Cauley moved to terminate the agreement. Commissioner Peters seconded the motion. After some discussion, Commissioner Cauley amended her motion to make the Termination Agreement become effective March 16, 2010. Commissioner Wassermann seconded the Vol 13 a Page Commissioners Court meeting March 2, 2010 3 amended motion which carried unanimously. The original motion and second carried unanimously. The next matter for consideration was consideration of an Agreement with the Lions 71 Breakfast Club for the operation and maintenance of the Brazos County Exposition Complex Concession. The term of the agreement is for twelve months with two (2) one year options to renew. Rental fees and payment to the County are as follows: a) 20 percent of gross receipts produced by food and non- alcoholic sales each month. b) 15 percent of gross receipts produced by alcoholic sales each month. less applicable retail sales tax or other direct taxes imposed upon receipts collected from consumer sales for the time period under this Agreement. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Agreement with the Lions 71 Breakfast Club for the operation and maintenance of the Brazos County Exposition Complex Concession and authorized the County Judge to execute the document. A copy is attached. The Court next considered an amendment to the Contract for Juvenile Residential Services with Victoria County, adding a "Specialized" level of care Female Specific Program for pregnant offenders, $127.00 per day per juvenile and "High Vol 13A a Page 7 Commissioners Court meeting March 2, 2010 4 Risk" level of care for suicide and those requiring "Constant Supervision" an additional $125.00 per juvenile per day. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the amendment and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. South -Tex Turbine Supply Co. Inc, over payment $100.00 b. Bank of America Leasing, over payment $60.00 c. Ted Whitmer, over payment $188.02 d. Donna J. Reed, over payment $532.03 e. Pool Fletcher L. Family Trust, over payment $446.90 f. Bryan /College Station Habitat for Humanity, over payment $193.50 g. Millican Land & Royalty Trust, over payment $507.78 h. Kirkwood & Darby Inc. (2), over payment $1.48, $6.51 i. Charles & Jo Lynn Vernon, over payment $156.64 j. Hope A. Benavides, over payment $358.68 k. Elliott Interests LTD, over payment $106.19 On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered a Change Order to purchase order #10000732 for the purchase of a Dodge Charger. The Charger is not available this year therefore the cost of a different vehicle will be an increase to the total cost. The cost of the Change Order will be $1,179.00 increasing the Vol I3a Page 9 Commissioners Court meeting March 2, 2010 5 total expenditure to $20,871.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change order. The Court next considered a request from the Purchasing Department for permission to renew bid 2009 -032R, Internet Service Provider for Courthouse Complex. If approved, the renewal will be at the same cost. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal with the new bid number of 2010 -27R. The next matter for consideration was requisition #00028206 in the amount of $10,068.00 to AAA Overhead Door Co. to replace two shop doors at the Road and Bridge Department. The wiring will be done by a separate vendor. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The County Judge next deviated from the agenda to consider an addendum item concerning requisition #00028238 in the amount of $123.60 for the purchase of a desktop radio microphone for the Precinct 1 Constable's office. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. Vol f3a Page q. Commissioners Court meeting March 2, 2010 6 At 9:13 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. At 10:18 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. The Court acknowledged receipt of and ordered filed the 2009 Racial Profiling Report for the following offices: a. Constable, Precinct 2 b. Constable, Precinct 3 C. Sheriff's Office The Court acknowledged receipt of the Extension Service reports for February 2010 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff Vol 13a Page 10 Commissioners Court meeting March 2, 2010 i 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 a) There will be a meeting to discuss the increase in height of the South Tower currently under construction. b) He will be traveling to Frisco to go to Safety City. Under citizen input and /or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 476 inmates in jail, 15 are in Milam County, 72 have monitors and 57 are pending for monitors. b) He will be meeting with the Jail Commissioners today to discuss the low risk facility. Doug Tremain a) Informed the Court that the Senior Olympics will be held here in 2011 and 2012 There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 13 A Page 11 The foregoing minutes of the Commissioners Court meeting held March 2, 2010 have been examined and are approved in open Court this the C 201L day of 2010, in Bryan, Lloyd 'Wassermann Commissioner, Precinct 1 Jam--- — Kenny Malla 1 Commissioner, Precinct 3 ab-<.kAe Irma Cauley Commissioner, Precinct 4 Attest: Ka er n�McQueen County Clerk Vol 13 a Page I a Duane Peters Commissioner, Precinct 2 COMMISSIONERS COURT MEETING , W. — y' ' eD j Date and Time Name i Organization /Department WFA do. EAU do 2/T� �d — A- Vol. Pg• 13 Oe 4- / $GL 1- -r COMMISSIONERS COURT MEETING 2 Name Date and Time Organization /Department /3 . C • 62g� � 4 77ve P vP G G� L�yrrvY✓� , �� Vol. PI;• 1 q z BRAZOS COUNTY, TEXAS t3 BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 20.1 thru 20.5 On this the 2n day of March 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2 March 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2 "d day of March 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes von Pg. 15 Original: County Clerk's Office and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 20.1 3 1212nI n FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 60440000 CR Janitorial Supplies 275.00 0100 36500100 72590000 DR Professional Fees - Other 275.00 Brazos Center To reallocate funds low for the inspection of the sounds stem to help determine what may need to be done to improve the system's quality. This request will cover 3 hours worth of work. f j 2/2512010.: Voi. Pg i- — BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 20.2 3/2/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30201100 61750000 CR Telephone - Cellular 2,117.51 .0100 91110000 DR Transfer to Capital Improvement Fund 2,117.51 4500 49028000 CR Transfer from General Fund 2,117.51 4500 63000500 80890000 DR Vehicles 2,117.51 Constable Pet #2: Lam o and General Capital Improvement Fund To reallocate funds to allow provide fa ding for additional a ui ment purchased for a vehicle. Prepared By 'L if Date` INS-%, /25/301 Vol. I 3 . - Pg I7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 20.3 3/2/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 103,160.00 0100 28002000 51615000 DR Hourly - Law Enforcement 72,020.00 0100 28002000 53100000 DR Social Security 5,508.00 0100 28002000 53200000 DR Retirement 8,592.00 0100 28002000 53800000 DR Worker's Compensation 1,332.00 0100 28002000 53300000 DR Employee Health Insurance 15,330.00 0100 28002000 53320000 DR Em I . Dental Insurance 224.00 0100 28002000 53101000 DR Flex Benefit Admin Fee 154.00 S.O. Jail Administration - Jail To reallocate funds to support four (4) positions in the S.0 Jail Administration Division. Three 3 of which were approved but originally unfunded during the FY10 budget process, and the addition of one new position with funding. These funds are to su2port Detention Officer - Class 1511, Positions: 82, 83, 84, & 85, All at Group 15 Step 2. ` This action was approved by Commissioners Court on 7/23/2010. Agenda items #12 & #13, to be effective 3/15/2010. ������ I� VoL --LLA — PO BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 20.4 312/2010 FUND DIV ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR lContingency - General Fund 2,479.00 0100 11010000 51641000 DR Visiting Jud es 2,300.00 0100 11010000 53100000 DR Social Security 176.00 0100 11010000 53800000 DR Worker's Compensation 3.00 Court Support Cost To reallocate funds to the Court Su ort Division to provide funding for a visiting Judge to hear a p robate case in County Court At Law 41: Jud a Matske. �Pe par' ed Y ate r'f!` Date - ,'' 2512010[ vol. 13 a Pg. 19 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 20.5 3/2/2010 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease- 01001 110015001 61130000 CR Contingency - General Fund 2,100.00 0100 22800100 67281000 DR Equipment - Electronic 2,100.00 General Fund Contingency and Ma istrate #2 To reallocate funds to Magistrate #2 for rchase of sounds stem equipment in new court room. 4 R ; Vol. �' =— Ps. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 2, 2010 Department Submitting Information: Human Resources Purp of Submissions: Consider and Ta A ction on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To IT Paul Davis New Hire Juvenile Johnson, Kimberly Declined Position Rogers, Lloyd New Hire SO — Admin Taplin, Frances Promotion Tax Office Davenport, Cathy New Hire McAdams, Niki New Hire Raybion, Marilyn New Hire Approved in Commissioners' Court: March 2, 2010: County Judge's or Commissioner's Signature! (This Copy to be attached to minutes) voi. M_ I Mutual Termination Agreement For good and valuable consideration, TAMU, Concessionaire and Brazos County agree to terminate the Concessionaire Agreement presently in force and dated August 1, 2007, and amended on November 17, 2009. Said agreement shall become null and void once consideration has been given and terms and consideration are complied with as described below, and this document is executed by the parties. Terms of Consideration TAMU shall account for all last sales and gross receipts within thirty days of the termination of this agreement. TAMU shall vacate the premises as Concessionaire at Brazos County Exposition Complex by March 16, 2010. The last event that TAMU shall provide concession services for shall be on March 13, 2010. TAMU shall abandon all equipment and fixtures in place at the Brazos County Exposition Complex except that which is owned by TAW. Equipment owned by TAMU must be removed by Tuesday, March 16, 2010. Costs to repair any damages exceeding the sum of $250.00 resulting from such removal shall be paid by TAMU to Brazos County. After receipt of TAW's last payment, Brazos County releases TAMU from the remainder of the term under the parties' agreement. After payment of the last sales and gross receipts, TAMU releases Brazos County from the remainder of the term under the parties' agreement. Cooperation In this mutual termination, both Brazos County and TAMU agree to cooperate in undertaking all acts necessary to effectuate this mutual termination. Signed by the parties on the dates set forth below their signatures. For Randy Sims Brazos Coldnty Judge Date: For Texas A &M: Phillip A y University Contracts Officer Date: 3 J it 110 vol. 1 3A Pg. 2� Agreement for the Operation and Maintenance of The Brazos County Exposition Complex Concession �p q This Agreement, is effective on the date of signature by the Brazos County Judge .......... hereto, after formal approval by the Brazos County Commissioners Court, and is made and entered into between Brazos County, a political subdivision of the state of Texas (hereinafter "County"), on behalf of the Brazos County Exposition Complex (hereinafter "Facility") and the Lions 71 Breakfast Club Corporation (hereinafter "Lions 71" or "Concessionaire "). WHEREAS the County seeks a Concessionaire to undertake and provide services to the public which includes the selling of food and beverages (alcoholic and non alcoholic) at the Brazos County Exposition Complex; and WHEREAS, the County further fords Lions 71 meets the criteria set forth in TEX. LOCAL GOVT CODE ANN. §262.024; and WHEREAS, the principal purpose of County in entering into this Agreement is to serve the public by providing concession service, including the sale of alcoholic beverages (subject to all legal requirements and obtaining all necessary permits); NOW, THEREFORE, in consideration of the Premises and of the terms, covenants and conditions hereinafter contained to be kept and performed by the respective parties, it is agreed as follows: SECTION 1. DEFINITIONS For the purpose of this Agreement, the following words and phrases are defined and shall be construed as hereinafter set forth: Agreement: This Agreement consisting of 17 pages. County: Brazos County Concessionaire: Lions 71 Concession Services: The sale of all food and alcoholic /non - alcoholic beverages to the general public in attendance at an Exposition Complex sanctioned event, but does not include meal /beverage catering. SECTION 2. PERMISSION GRANTED For and in consideration of the payment of the fees and charges as hereinafter provided, and subject to all of the terms, covenants, and conditions of this Agreement, County hereby grants to Concessionaire, subject to all of the terms and conditions of this Agreement, the exclusive right and obligation within the Concession to: provide concession service, to include the sale of food, beverages, and the sale of alcoholic beverages (subject to all legal requirements and obtaining of all necessary permits); and not for any other purpose without the prior written consent Concessionaire Agreement Vol. ' 3 A Page I f 1 6 3 13 of the County. The Concession right herein granted shall be carried on at the Brazos County Exposition Complex solely within the limits and confines of said areas designated as Premises (Exhibit A) in This Agreement. No temporary stands or other places of operation shall be allowed at any other time without the express written permission of the County, - through the Director of Special Event - Facilities for the -- — - - County ( "Director "). The County shall have the right, at a maximum of four times per year, to authorize and permit concession food and beverage sales by other vendors in designated areas outside of permanent concession stands. For purposes of illustion, such events include, but are not necessarily limited, to the Brazos County Youth Livestock Show, a future regional /mid major fair or any other future major /mid major fair or festival. Concessionaire shall: Serve quality food and beverages; schedule and provide full maintenance of the Premises under its control; employ, train and supervise personnel with appropriate qualifications and experience to assist in such functions; perform or supervise employees in the performance of all other tasks related to the operation, maintenance and /or repair of the Premises; and pay for and obtain all licenses and permits necessary for the operation of the Concession granted. The Concession rights herein granted to Concessionaire are exclusive and shall include eight permanent concession stands in the Facility; the sale of food; the sale of alcoholic beverages; and a storage area in the Facility. Other temporary points of sale may be added as County and Concessionaire may agree. SECTION 3. PREMISES The Premises subject to this Agreement are located at 5827 Leonard Road, Bryan, TX 77807. The Premises to be authorized for use by Concessionaire shall include the food services and eight permanent concession stands ( "Concession facilities ") at the Facility. SECTION 4. TERM OF AGREEMENT The initial term of the Agreement shall be twelve months (12) months, effective on the date of execution by the Brazos County Judge (after prior execution by Concessionaire), with two (2) one -year options to renew. Both parties must provide written notice to the other at least ninety (90) calendar days prior to the expiration date of this Agreement of the intent to renew this Agreement for the following year. Neither County, nor any officer, or employee thereof shall be liable in any manner to Concessionaire because of any action taken to revoke, decline to exercise an option or disapprove a renewal of the Agreement. Concessionaire Agreement Vol. ' 3 A P age 2 of 16 . F SECTION 5. TIME OF EXECUTION Unless otherwise provided, this Agreement shall be deemed executed when (1) it has - been signed on the - Concessionaire by the person - or persons- authorized - bind the Concessionaire; (2) the Agreement has been approved by the Brazos County Commissioner's Court; and (3) it has been signed on behalf of the County by the County Judge or his delegate authorized to enter into the Agreement. If the Agreement has been fully executed the first event shall be on or immediately after March 19, 2010. SECTION 6. RENTAL FEE AND PAYMENT A. Monthly Rental Fee. As part of the consideration for County's granting the Concession rights herein above set forth, Concessionaire shall pay to County a monthly rental fee as follows: 20 percent (20 %) of the gross receipts produced by food and non - alcoholic sales each month; 15 percent (15 %) of the gross receipts produced by alcoholic sales each month; less applicable retail sales tax or other direct taxes imposed upon receipts collected from consumer sales far the time period(s) under this Agreement. The sale of other items must be expressly permitted and approved in writing by the Director or designee. A percentage of gross receipts will apply and will be negotiated prior to approval of said items for sale. B. Payment Due. Said payment shall be due and payable by the fifteenth (15th) day of each calendar month based on the gross receipts received in each previous month. Each monthly payment shall be accompanied by a monthly report showing concession sales during the preceding month with detail on gross sales by event. The payment and monthly rental report shall be addressed to: Brazos County Treasurer 200 South Texas Ave., Suite 240 Bryan, TX 77803 With a copy to: Sales Coordinator Brazos County Exposition Complex 5827 Leonard Road Bryan, TX 77807 C. Gross Receipts Defined. The term "gross receipts" is defined as the total amount charged for the sale of any goods or services (whether or not such services are performed as a part of or in connection with the sale of goods) provided in connection with this Concession, but not including any of the following: Cash Concessionaire Agreement Page 3 of 16 Vol. 13 a pg. d a. �e discounts allowed or taken on sales; any sales taxes, use taxes, or excise taxes required by law to be included in or added to the purchase price and collected from the consumer or purchaser and paid by Concessionaire; receipts from the sale of waste or scrap materials resulting from the Concession operation; receipts from the sale of -- or - the - trade-in7 value - furniture; - fixtures, - or -- equipment - used - in - connection with the Concession and owned by Concessionaire. Concessionaire shall not reduce or increase the amount of gross receipts, as herein defined, as a result of any of the following: 1. Any error in cash handling by Concessionaire or Concessionaire's employees or agents; 2. Any losses resulting from bad checks received from the consumers or purchasers; or from dishonored credit, charge, or debit card payments: or any other dishonored payment to Concessionaire by customer or purchaser; 3. Any arrangement for a rebate, kickback, or hidden credit given or allowed to customer. D. Rental Reports. 1. Rental Reports by Event. For the first six months of operation, Concessionaire shall transmit, at the completion of each event in which Concessionaire has conducted sales, an inventory rendition and statement of Gross Receipts and such other information as the County Auditor may by written memorandum require. 2. Monthly Rental Reports. Commencing in the seventh month of operations and thereafer, and with the written consent of the County Auditor, Concessionaire shall transmit a rental payment containing Monthly Gross Receipts and a Rent Report for each month in which rent is submitted. The completed form shall include a statement of the Gross Receipts by source of sales and such other information as the County Auditor may require. E. Late Payment Fee. In the event of late or delinquent payments by Concessionaire, the latter recognizes that County will incur certain expenses as a result thereof, the amount of which is difficult to ascertain. Therefore, Concessionaire agrees to pay the County a late fee the of $50.00 for each month late plus interest calculated at the rate of eighteen percent (18 %) per annum, assessed monthly, on the balance of the unpaid amount. Payments shall be considered past due if postmarked after the fifteenth (15th) day of the month in which payment is due. F. Annual Accounting Adjustment. At the end of the initial twelve (12) month period (and at the end of each twelve (12) month period of any renewal term thereafter), Concessionaire shall prepare and submit to the County Auditor a statement showing the total gross receipts for the said twelve (12) month period and the rental paid for the said twelve (12) months. Concessionaire Agreement Vol 13A Page 4 of 16 g(p a- (" it, SECTION 7. HOURS AND DAYS OF OPERATION A. Concessionaire must post the hours of operation in a location sible to the public, and must be open for business during the hours posted. Hours7ay not be changed without prior written approval of Director. F B. Any deviation from the hours specified shall be subject to prior written approval of Director. C. The Concession premises shall be open for all events according to the schedule provided by the Director. SECTION 8. OPERATING RESPONSIBILITIES. Concessionaire shall, at all times during the term of the Agreement, comply with the following conditions: A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and the surrounding area [at least twenty-five (25) feet] clean and sanitary at all times. No offensive or refuse matter, nor any substance constituting an unnecessary, unreasonable, or unlawful fire hazard, nor any material detrimental to the public health, shall be permitted to remain thereon, and Concessionaire shall prevent any such matter or material from being or accumulating upon said Premises. If, as determined by the Director, the Concession is deemed unclean, unsanitary, or does not meet the standards of the County or Brazos County Public Health Department, and after giving ten (10) days written notice to correct such deficiencies, Concessionaire fails to correct such deficiencies by the end of the ten (10) days, then the County may, terminate the Agreement and all terms and conditions contained herein. Concessionaire, at its own expense, shall see that all garbage or refuse is collected as often as necessary and in no case less than once a day and disposed of in the main dumpster. Concessionaire shall famish all equipment and materials necessary. B. Conduct: Concessionaire and its representatives, agents, servants, and employees shall at all times' conduct its business in an orderly manner to the satisfaction of the Director. C. Disorderly Persons: Concessionaire shall use its best efforts to permit no intoxicated person(s), profane or indecent language, or boisterous or loud conduct in or about the Premises and shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Premises. Concessionaire will call upon peace officers to assist in maintaining peaceful conditions. D. Non - Discrimination /Equal Employment Practices /Affirmative Action. 1. Concessionaire, in its Concession operations at the Facility, for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that: Concessionaire Agreement Page 5 of 16 voL 13 a Pg. 21 a, F (1) no person on the grounds of race, color, national origin, religion, ancestry, sex, age, physical disability, or sexual orientation shall be excluded from participation, denied the benefits of or be otherwise subjected to unjust discrimination in access to or in the use of the facilities covered herein; (2) Concessionaire, during the term of the Agreement, agrees not to unjustly discriminate in its employment practices against any employee or applicant for employment because of the employee's or applicant's race, color, religion, national origin, ancestry, sex, age, physical disability, or sexual orientation. All subcontracts entered into by Concessionaire shall be approved in advance by County and shall contain a like provision. E. Personnel: 1. Food Handler Certificate: For the Concession Food Manager and other applicable employees or agents, if any, required by statute, rule and ordinance, including the Texas Food Establishment rules and Bryan City Ordinance Ch 50 (sec 50 -33), Concessionaire shall provide the Director with proof of food handler certificates on applicable employees. 2. Qualified Personnel: Concessionaire will, in the operation of the Concession, employ or permit the employment of only such personnel as will assure a high standard of service to the public and cooperation with the County. All such personnel, while on or about the Premises, shall be neat in appearance and courteous at all times. and shall be appropriately attired, with badges or other suitable means of identification. No person employed by Concessionaire, while on or about the Premises, shall be under the influence of illegal drugs, controlled substances or alcohol, or use inappropriate language, or engage in inappropriate conduct for a work environment. In the event an employee is not satisfactory, the Director may direct Concessionaire to remove that person from the Premises. 3. Concession Manager: Concessionaire shall appoint, subject to written approval by Director, a Concession Manager of Concessionaire's operations at the Facility. If Concessionaire elects to subcontract the management of any or all of the Concession operations to a managing entity or entities, the provisions of this section shall also apply to any such entity. Such person must be a qualified and experienced food service manager or supervisor of food service operations, vested with full power and authority to accept service of all notices provided for herein and regarding operation of the Concession, including the quality and prices of Concession goods and services, and the appearance, conduct, and demeanor of Concessionaire's agents, servants, and employees. The Concession Manager shall be available during regular business hours and, at all times during that person's absence, a responsible subordinate shall. be in charge and available. 4. Approval of Employees, Volunteers and Subcontractors: County shall have the right to approve or disapprove, with cause, all employees, volunteers and subcontractors (including all employees and volunteers for any subcontractor) of Concessionaire. Concessionaire Agreement J Page 6 of ¢ VOL. ' 3 �� F. Price Schedules and Merchandise. 1. County agrees that Concessionaire's merchandise, including its prices for same, shall be within Concessionaire's discretion; subject, however, to disapproval by -- Director if the selection ofitems offered. is inadequate, ofinferior quality, — or - if any - of - -- said prices are excessively high or low in the sole opinion of Director. Such determination shall not be unreasonable and shall take into account the business considerations presented by Concessionaire. 2. All menu items and service, offered for sale and /or sold by Concessionaire in said Premises, shall be of high quality and must be related to the ordinary business of the Concession. 3. The sale of alcoholic beverages shall be permitted. Concessionaire shall post signs prohibiting the sale of alcoholic beverages to minors and shall take all additional necessary action(s) to ensure that alcoholic beverages are not dispensed to minors. Sale of alcoholic beverages must comply with the rules and regulations of the Texas Alcoholic Beverage Control Board. G. Equipment, Furnishings, and Expendables: 1. All equipment, furnishings, and expendables.required for said Concession shall be purchased and installed by Concessionaire at its sole expense. A refrigerator and freezer will be provided by the County. 2. County reserves the right to replace any and all items of County-owned equipment at this Concession with functionally equivalent equipment. 3. If County does not renew said Agreement, Concessionaire shall have the right to remove its own equipment, furnishings, and expendables, but not improvements, from the Premises and shall be allowed a period of thirty (30) calendar days to complete such removal. If not removed within that period, said equipment, furnishings and expendables become the property of County. H. Maintenance of Equipment. Concessionaire shall, at all times and at its expense, keep and maintain all equipment, whether owned and /or installed by Concessionaire or County. I. Signs and Advertisements. 1. Concessionaire shall not erect, construct, or place any signs, banners, ads, or displays of any kind whatsoever upon any portion of County property without the prior written approval from the Director. 2. Concessionaire shall not permit vendors to display wares inside or outside the building or on said property unless written permission is secured from the Director in advance of installation. Concessionaire Agreement Vol. 13a Page 7 of 1 a 3. Upon the expiration or termination of the Agreement, Concessionaire shall. at its own expense, remove or paint out, as Director may direct, any and all of its signs and displays on the Premises -, -- J — .Mobile -Food - Cart: - may, - with - the - written consent of- the-Director,--------- provide a mobile food cart for food and beverage service with items stocked from the main Concession Premises. K. Safety: Concessionaire shall correct safety deficiencies, and violations of safety practices, immediately after the condition becomes known or Director notifies Concessionaire of said condition. Concessionaire shall cooperate fully in the investigation of accidents occurring on Concession Premises. SECTION 10. MAINTENANCE OF PREMISES. During all periods that the Premises are used or are under the control of the . Concessionaire for the uses, purposes, and occupancy aforesaid, Concessionaire shall be responsible for all .necessary janitorial duties and damage and maintenance repairs, to the satisfaction of the Director. A. Interior of Premises: 1. Areas to be Maintained by Concessionaire: Concessionaire shall, at its own expense, keep and maintain all the interior walls and surfaces of Concession Premises and all improvements, fixtures, and utility systems which may now or hereafter exist thereon, whether installed by County or Concessionaire. 2. Interior and Exterior of Common areas of the Premises and Common Passageways: County shall maintain the interior and exterior of all walls and surfaces of the facility, as well as all common passageways. SECTION 11. LIABILITY A. Indemnification. Except for the active negligence or willful misconduct or intentional conduct of County, Concessionaire undertakes and agrees to defend, indemnify and hold harmless County and any and all of County's Officers, Agents, and Employees from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Concessionaire's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of, or incident to, the performance of this Agreement on the part of Concessionaire, its officers, agents, employees, or sub - contractor of any tier. B. Insurance: 1. General Conditions: Concessionaire shall obtain and keep in force during each term of this Agreement an insurance policy or policies which covers all operations conducted pursuant to this Agreement. Such insurance policy or policies must name the. County as additional insured. Without limiting Concessionaire's indemnification of County, Concessionaire shall provide and maintain at its own expense during the ement V01.192282126 Pg. 0 04/ entire term of the Agreement the following insurance having the limits as set forth and the certificate of insurance must specify the following requirements: Commercial General Liability $1,000,000 Each Occurrence - -- -- $2 - General- Aggregate - - -- -------- - - - - -- $I,000,000 Products- Come /OSH Agency $1,000,000 Personal and Advertising Injury $ 100,000 Fire Damage.(any fire) Liquor Liability $1,000,000 Each Occurrence $1,000,000 Liquor Aggregate Automobile Liability $ 100,000 Bodily Injury-Per Person 300,000 Bodily Injury-Each Accident 100,000 Property Damage -Each Incident a. Additional Insured: County, its Officers, Agents and Employees shall be included as additional insureds in all liability insurance policies except: Workers' Compensation Employer's Liability, Professional Errors and Omissions and second - party Legal Liability coverages (such as Fire Legal). County shall be named Loss Payee As Its Interest May Appear in all required property, fidelity or surety coverages. b. Primary Insurance: Such insurance shall be primary with respect to any insurance maintained by County and shall not call on County's insurance program for contributions. c. 30 -Day Notice: With respect to the interest of County, such insurance shall not be canceled, materially reduced in coverage or limits or non - renewed except after thirty (30) days written notice by receipted delivery (e.g. certified mail -return receipt, courier) has been given to the County Risk Manager. d. Aggregate Limits /Blanket Coverage: If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of Concessionaire outside this Agreement, Concessionaire shall give County prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Concessionaire's best judgment will diminish the protection such insurance affords County. SECTION 13. PROHIBITED ACTS Concessionaire shall not: 1. Place any additional lock of any kind upon any window or interior or exterior door in the Premises, or make any change in any existing door or window lock or the mechanism thereof, unless a key therefore is maintained on the Premises, nor refuse, upon the expiration or sooner termination of the Agreement, to surrender to Director any and all keys to the interior or exterior doors on the Premises, whether said keys were famished to or otherwise procured by Concessionaire, and in the event of the Concessionaire Agreement Page 9 of 16 Vol. ►3a P C3 1 ��� loss of any keys furnished by Director, Concessionaire shall pay COUNTY, on demand, the cost for replacement thereof; 2. Do or permit to be done any act or thing upon the Premises which will invalidate, — suspend -or- increase -the- rate -of- any - insurance - policy - required -under - the - Agreement,— — or carried by County, covering the Premises, or the buildings in which the same are located or which, in the opinion of Director, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under the Agreement, provided, however, that nothing contained herein shall preclude Concessionaire from bringing, keeping or using on or about the Premises such materials, supplies, equipment and /or machinery as are appropriate or customary in carrying on its business, or from carrying on said business in all respects as is customary; SECTION 13. INDEPENDENT CONTRACTORS AND CONSULTANTS The Concessionaire is acting hereunder as an independent contractor and not as an agent or employee of the County. The Concessionaire shall not represent or otherwise hold itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County. SECTION 14. TAXES. PERMITS. AND LICENSES A. Concessionaire shall obtain and maintain at its sole expense all approvals, permits, or licenses that may be required in connection with the operation of the Concession including, but not limited to, tax permits, business licenses, health permits, building permits, police and fire permits, etc. B. Concessionaire shall pay all taxes of whatever character that may be levied or charged upon the rights of Concessionaire to use the Premises, or upon Concessionaire's improvements, fixtures, equipment, or other property thereon or upon Concessionaire's operations hereunder. SECTION 15. ASSIGNMENT /SUBLEASE The Concessionaire may not, without prior written permission of the County, assign or otherwise alienate any, of its rights hereunder, including the right to payment or delegate, subcontract, or transfer any of its duties hereunder. SECTION 16. BUSINESS RECORDS Concessionaire shall maintain during the term of the Agreement and for three (3) years thereafter, all of its books, ledgers, journals, and accounts wherein are kept all entries reflecting the gross receipts received or billed by it from the business transacted pursuant to the Agreement. Such books, ledgers, journals, accounts, and records shall be available for inspection and examination by the County Auditor, or a duly authorized representative, during ordinary business hours at any time during the term of this Agreement and for at least three (3) years thereafter. A. Cash and Record Handling Requirements: If requested by the County or the County Auditor, Concessionaire shall prepare a description of its cash handling and Concessionaire Agreement VOI. Page 10 a l6 pg. 32 sales recording systems and equipment to be used for operation of the Concession which shall be submitted to Director for approval. Concessionaire shall be required to maintain a method of accounting of the Concession which shall correctly and accurately reflect the gross receipts and disbursements received or made- by C- oncessionaire- from - the- operation -of- the- C-oneession— The - method -of- accounting,-------- - - - - -- including bank account is, established for the Concession shall be separate from the accounting systems used for any other business operated by Concessionaire or for recording Concessionaire's personal financial affairs. Such method shall include the keeping of the following documents: 1. Regular books of accounting such as general ledgers. 2. Journals including supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc. 3.�S at€� Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown. 4. With the exception of a limited number of large events in which the Auditor has or may have granted Concessionaire prior written permission to utilize an inventory control system in lieu of cash registers, cash register tapes shall be retained so that day to day sales can be identified. A cash register must be used in public view which prints a dated double tape, indicating each sale and the daily total. Permission to utilize an inventory control system in lieu of cash registers must be given to and received by the Auditor and Director at least thirty days prior to a scheduled event. 5. Any other accounting records that County, in its sole discretion, deems necessary for proper reporting of receipts. B. Method of Recording Gross Receipts: Unless otherwise specified in the Agreement, Concessionaire shall obtain and install a cash register(s) on which it shall record all gross sales. The cash register shall be non - resettable and sufficient to supply an accurate recording of all sales on tape. The purchase price, terms, make and /or model of such cash register shall be within the Concessionaire's discretion. However, Concessionaire shall not purchase or install the cash register before obtaining the Director's written confirmation that the register to be purchased meets the requirements of this provision. All cash registers shall have a price display which is and shall remain at all times visible to the public. C. Annual Statement of Gross Receipts and Expenses: Concessionaire shall transmit a Statement of Gross Receipts and Expenses (Profit and Loss Statement) for the Concession operations as specified in the Agreement, in a form acceptable to the County Auditor, on or before April 30th of each calendar year during each term of the Agreement. An extension may be granted in writing, prior to the April 30th due date, by the County Auditor, provided sufficient verification of the need for the extension is provided. County may also from time to time conduct an audit and re- audit of the books and business conducted by Concessionaire and observe the Concessionaire Agreement Page I of 16 k V 13a P 3 3 - operation of the business. If the report of gross sales made by Concessionaire to County, shall be found to be less than the amount of gross sales disclosed by such audit and observation, Concessionaire shall pay County within 30 days after billing any additional rentals disclosed by such audit. If discrepancy exceeds 2% and no -- - - -- reasonable - explanation -is - given - for - such - discrepancy— Concessionaire- shall- also - pay- - - - - -- the cost of the audit. SECTION 17. REGULATIONS, INSPECTION, AND DIRECTIVES A. The operations conducted by Concessionaire pursuant to the Agreement shall be subject to: 1. All rules, regulations, orders, and restrictions enacted by the County with respect to the operation of the Facility; 2. Any and all applicable laws, ordinances, statutes, rules, regulations, and of any governmental authority, federal, state or municipal, lawfully exercising authority over the Concessionaire's operations; and, B. Permissions: Any permission required by the Agreement shall be secured in writing by Concessionaire from County and any errors or omissions therefrom shall not relieve Concessionaire of its obligations to faithfully perform the conditions therein. Concessionaire shall immediately comply with any written request or order submitted to it by County. C. Right of Inspection: County, its authorized representatives, agents and employees shall have the right to enter upon the Concession Premises at any and all reasonable times for the purpose of inspection, evaluation, and observation of Concessionaire's operation. During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Premises. The inspections may be made by persons identified to Concessionaire as County Employees, or may be made by independent contractors engaged by County. Inspections may be made for the purposes set forth below, and for any other lawful purpose for which the County or another governmental entity with jurisdiction is authorized to perform inspections of the Premises: 1. To determine compliance with terms and conditions of the Agreement; or 2. To observe transactions between the Concessionaire and patrons to evaluate the quality of services provided or quality and quantities of items sold or dispensed. SECTION 18. TERIVIINATION A. By County: County shall have the right, via 30 -day written notice, to terminate the Agreement in its entirety and all rights ensuing therefrom as provided by applicable law if any one or more of the following events occur: Concessionaire Agreement Page 12 of 16 3 Vol. P8 ---�— �4 1. Concessionaire fails to keep, perform and observe any promise, covenant and condition set forth in the Agreement on its part after receipt of written notice of default from County; — 2 —T -he— interest of-- Concessionaire —under — the — Agreement is— assigned,— transferred,— ---- - - - - -- passes to or devolves upon, by operation of law or otherwise, any other person, firm or corporation without the written consent of County; 3. Concessionaire becomes, without the prior, written approval of County a successor or merged corporation in a merger, a constituent corporation in a consolidation or a corporation in dissolution; 4. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, dismissed or set aside within a period of ten (10) days and which does, or as a direct consequence of such process will, interfere with Concessionaire's use of the Premises or with its operations under the Agreement; 5. Concessionaire becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for.its reorganization, or the arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or of any state law, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Concession areas; 6. Cessation or deterioration of service for any period which, in the opinion of County, materially and adversely affects the operation or service required to be performed by Concessionaire under the Agreement; or B. County's Right of Reentry: County shall, as an additional remedy, upon the giving of written notice of termination as above provided, have the right to reenter the Premises and every part thereof on the effective date of termination without further notice of any kind, remove any and all persons therefrom and may regain and resume possession either with or without the institution of summary or legal proceedings or otherwise. Such reentry, however, shall not in any manner affect, alter or diminish any of the obligations of Concessionaire under the Agreement. C. Additional Rights of County: County, upon termination of the Agreement, or upon reentry, regaining, or resumption of possession of the Premises, may occupy said Premises and shall have the right to permit any person, firm or corporation to enter upon the Premises and use the same. Such occupation by others may be of only a part of the Premises, or the whole thereof or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining hereunder, and on terms and conditions the same as or different from those set forth in the Agreement. Concessionaire Agreement n� Pa� �/ V P9. ddd111PPP D. Survival of Concessionaire's Obligations: In the event the Agreement is terminated by County, or in the event County reenters, regains, or resumes possession of the Premises, all of the obligations of Concessionaire hereunder shall --- - - - - -- survive -and- shall- remain - in- full - force- and -effect for -the- full- term -of- the — Agreement - - - - -- subject to County's obligation to mitigate damages. By Concessionaire: The Agreement may be terminated by Concessionaire, via 30 -day written notice, upon the happening of one or more of the following events: 1. The permanent abandonment of the Facility; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Facility or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon; 3. The complete destruction of all or a substantial portion of the Premises from a cause other than the negligence or omission to act of Concessionaire, its agents, officers, or employees, and the failure of County to repair or reconstruct said Premises; 4. Any exercise of authority under the Agreement which interferes with Concessionaire's use and enjoyment of the Premises as to constitute a termination, in whole or in part, of the Agreement by operation of law; or . The default by County in the performance of any covenant herein required to be performed by County and the failure of County to remedy such default for a period of thirty (30) days after receipt from Concessionaire of written notice to do so. : WQYVKOW iLlWi) Me) olu•_Ml_Ws ma 0 Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants or conditions of the Agreement due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, landslides, acts of the public enemy, acts of superior governmental authority, floods, riots, or any other circumstance for which such parry is not responsible and which is not in its power to control. SECTION 20. AGREEMENT BINDING UPON SUCCESSORS The Agreement shall be binding upon and shall inure to the benefit of the successors, heirs, executors, administrators, and assigns of the parties hereto. SECTION 21. LAW AND VENUE The Agreement shall be construed under the laws of the State of Texas and venue of any action brought under the Agreement shall lie in Brazos County. Concessionaire Agreement Page 14 of 16 Vol._ 5 Pg. SECTION 22. ATTORNEY'S FEES If County shall, without any fault, be made a party to any litigation commenced by or against Concessionaire arising out of or related to Concessionaire's use or -- -- enjoyment of -- the - Premises -- and -as -a- result of- which- Concessionaire —is- finally - -- adjudicated to be liable, then Concessionaire shall pay all costs and reasonable attorney's fees incurred by or imposed upon County in connection with such litigation. SECTION 23. NOTICES A. To County: Unless otherwise stated in the Agreement, written notices to County hereunder shall be addressed as follows: Brazos County Judge 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 With a copy to Director, Brazos County Expo Complex 5827 Leonard Road Bryan, Texas 77807 All such notices may either be delivered personally or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner by registered or certified mail shall be effective upon receipt. County shall provide Concessionaire with written notice of any address change within thirty (30) days of the occurrence of said address change. B. To Concessionaire: Written notices to Concessionaire shall be addressed to Concessionaire as follows: Lions 71 Breakfast Club Corporation P.O. Box 3424 Bryan Texas 77805 With a copy to: Lions 71 Breakfast Club Corporation 2804 Finfeather Rd Bryan, Texas 77801 All such notices may either be delivered personally to the Concessionaire or to any officer or responsible employee of Concessionaire or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner by registered or certified mail Concessionaire Agreement Pa e15of16 > Vol. I a_ p ( shall be effective upon receipt. Concessionaire shall provide County with written notice of any address change within thirty (30) days of the occurrence of said address change. - - - - - - -- SEC —TION 24— INTER.PRE- T- ATION— - - -- -- - - - -- -- -- The language of the Agreement shall be construed according to its fair meaning and not strictly for or against either County or Concessionaire. The section headings appearing herein are for the and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of the Agreement. If any provision of the Agreement is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of the Agreement, and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of the Agreement is capable of two constructions, one of which render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. SECTION 25. AGREEMENT CONTAINS ENTIRE AGREEMENT The provisions of the Agreement contain the entire Agreement between the parties hereto and said Agreement may not be modified except by formal, written amendment fully executed by both County and Concessionaire. IN WITNESS WHEREOF, Brazos County has caused this Agreement to be executed and Concessionaire has executed the same as of the day and year herein below written. 1 0 -09 13 797 LIONS 71 BREAKFAST CLUB CORP. Randy�Bims, County Judge Freddie Kom /G// Bra s County Judge Its Authorized Representative Date: Sbc , lJ Date: Attest: Karen McQueen Brazos County Clerk Concessionaire Agreement Vol. Pg. age 16 of 16 8 a VICTORIA COUNTY JUVENLE JUSTICE CENTER CONTRACT AND AGREEMENT Article III. of Contact dated July 28, 2009, is amended to read as follows: As to all new admissions from and after March 1, 2010, the CONTRACTING COUNTY shall pay the Facility $9$.00 per day for each day a juvenile is in Detention Program; $95.00 per day for each day a juvenile is admitted under the "Basic" Level of Care; $127.00 per day for each day a juvenile female is admitted under the " Specialized" Level of Care Female Specific Program; and $127.00 per day for each day a juvenile is admitted under the "Specialized" Level of Care Pregnant Offender Program. The levels of Care are defined by the Texas Juvenile Probation Commission; In the event that a juvenile in the detention program is designated as a "High Risk" for suicide and who require being placed on "Constant Supervision" as per Section 343.10(g)(2)(B) of the Texas Juvenile Probation Commission Standards, the CONTRACTING COUNTY shall pay an additional $125.00 per day along with the regular stated daily rate. VCJJC will be responsible for accounting, billing, and payments for the operation of the Facility and the CONTRACTING COUNTY shall pay in accordance with directives of VCJJC. The CONTRACTING COUNTY shall receive a detailed statement each month when it has placed a child in the Facility. Payment for bed space is due by the first working day of the following month. Payments should be directed to: ictoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texa4viCounty y Juvenile Board Juvenile Board Date: Vol. RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew the current RFP for INTERNET SERVICE PROVIDER FOR COURTHOUSE COMPLEX, RFP 2009 -032R for an additional year at the same cost. The new RFP will be 2010 - 27R. I understand that RFP 2010 -27R will be in effect from March 4, 2010 through March 3, 2011. NETWORK SOLUTIONS 2 - 1S - - %(-) Date CO Randy Sims; County Judge Vol. 13 a 310)1to Date P& REQUEST FOR PROPOSAL NO. 2010-27R INTERNET SERVICE PROVIDER FOR COURTHOUSE COMPLEX MANAGED NETWORK SOLUTIONS A. Time to provision the entire service: 0 days B. Connectivity at 6 Mbs; sustained, and full - duplex: $125.00 per orbit/ $750.00 for 6 mb per month C. Equipment Purchase: None D. Equipment Lease; Monthly rate: N/A E. Installation Cost: None Vol. 3 a p g . '