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HomeMy WebLinkAbout2010-11-23-4:00PM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 23, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Commissioner Mallard. PH_ F 2010 NOV 19 P 12: 21 IOIJEEN, COUN1YCLERK y CUti i f, nl r.1 Et. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 24: 3 Order 10 -016 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately (previously tabled). 4 Resolution 10-017 recognizing the locally governed Community Center as the most effective and cost efficient means to manage and deliver services for people with intellectual and developmental disabilities, mental illness and substance abuse disorders. 5 Mutual Termination Agreement with the Lions 71 Breakfast Club Corporation for termination of their services as concessionaire for the Exposition Complex. 6 Agreement with Bailey Concessions for the operation and maintenance of the Brazos County Exposition Complex Concessions. Term of Agreement is January 1, 2011 through December 31, 2011, with two (2) one -year options to renew. 7 8 Contract with the Brazos Valley Council of Governments for Indigent Health Care for FY 2011. Renewal of Interlocal Agreement with the City of Bryan to house City prisoners for one year. Term of this agreement is October 1, 2010 through September 30, 2011. 9 Contract Amendment with 4M Youth Services, INC. d.b.a Grandbury Regional Juvenile Justice Center establishing the Fiscal Year 2011 compensation rates for various levels of juvenile probation care. 10 Contract Amendment with 4m Youth Services, INC. d.b.a Rockdale Regional Juvenile Justice Center establishing the Fiscal Year 2011 compensation rates for various levels of juvenile probation care. Pg. 1 11 Renewal of the contract with Knife River for flexible base with no increase in price for the base material; term of agreement is 11/24/2010 through 11/23/2011. Renewal of Stop Loss Coverage, effective 11/1/10. 12 13 Change Order in the amount of $975.00 to Mikeal Construction for the replacement of PVC supply lines with copper for the Brazos Center restroom remodel project. 14 Requisition 00031878 in the amount of $20,412.00 for the purchase of a Voice Over IP telephone system for the new CSCD building. 15 Capital Requisition 00031940 in the amount of $18,450.00 to Bryan 800 Communications for the removal of equipment from old County vehicles and installation of old and new equipment into new County vehicles. 16 Capital Requisition 00031917 In the amount of $1,400.00 to Lithia Dodge for the purchase of window tint for new County vehicles for the Sheriff's Office, Constables Offices and Juvenile Services. 17 Acceptance of a Special Warranty Deed from Cassandra Marie Anderson and Gerald Wayne Anderson for the bridge replacement project at Thompson Creek on Leonard Road located in Precinct 4. 18 Payment Authorization in the amount of $68.65 to Impact Computers & Electronics, Inc. for printer repair parts ordered by the Information Technology Department with Fiscal Year 2010 funds. 19. Tax Refund Applications for the following: • Rosalina A Suarez Picarro - overpayment- $218.23 • Netco Texas - overpayment- $492.83 • Don & Judy Lightsey- overpayment -$12 55 20. Commissioners Court minutes for the following dates: a. October 12, 2010 Regular Meeting b. October 19, 2010 Regular Meeting c. October 26, 2010 Regular Meeting d. October 29, 2010 Workshop Session 21. Budget Amendments. Budget Amendments FY10: 57.1 Budget Amendments FY11: 7.1 thru 7.5 22 Request from the District Attorney to decrease the salary budgeted for Assistant District Attorney I class code 0415, position 3 (currently vacant) by $4,364.00 and increase Assistant District Attorney II, class code 0413, position 7 by the same amount. 23. Personnel Change of Status. Personnel Action Forms. 24. Payment of Claims. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and /or concerns. 27. Agency/ Board/ Committee reports by Court members. 28. Adjourn. Vol. ��. Pg. oZ PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must he made two working days before the meeting. To make arrangements, please call (979) 3614102. VoL Pg. 3 BRAZOS COUNTY BRYAN,TEXAS MINUTES November 23, 2010 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, Suite 310 in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, November 23, 2010 with the following members of the Court present: Randy Sims, County Judge, Present; Presiding Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley , Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 24: 3 Order 10 -016 prohibiting outdoor burning in Brazos County for ninety (90) days, effective Immediately (previously tabled). Chuck Frazier, Emergency Management Coordinator recommended not instituting a burn ban at this time. Commissioner Wassermann asked if the Precinct 1 Fire Chief was Vol. 1 4 a Pg. in agreement with this whereupon Mr. Frazier answered that she was not. Commissioner Wassermann was concerned about conditions in his Precinct. He said he was not sure how long they could put this off. Mr. Frazier said they were weighing how many calls they were getting and the time it took to run and put out fires because of the ban. Motion: Table , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -1. Members voting Aye: Cauley , Mallard , Peters , Sims . Members voting Nay: Wasserman . 4 Resolution 10 -017 recognizing the locally governed Community Center as the most effective and cost efficient means to manage and deliver services for people with intellectual and developmental disabilities, mental Illness and substance abuse disorders. Bill Kelly with the Mental Health Mental Retardation Authority addressed the Court. A copy of the Resolution is attached. Motion: Approve , Moved by County Judge Randy Sims, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 5 Mutual Termination Agreement with the Lions 71 Breakfast Club Corporation for termination of their services as concessionaire for the Exposition Complex. A copy of the Mutual Termination Agreement is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 6 Agreement with Bailey Concessions for the operation and maintenance of the Brazos County Exposition Complex Concessions. Term of Agreement is January 1. 2011 through December 31, 2011. with two (2) one -year options to renew. A copy is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 7 Contract with the Brazos Valley Council of Governments for Indigent Health Care for FY 2011. The cost to Brazos County will be $96,700.00 for the 2011 fiscal year to be made in quarterly installments. A copy of the contract is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 8. Renewal of Interlocal Agreement with the City of Bryan to house City prisoners for one year. Term of this agreement is October 1. 2010 through September 30, 2011. Tina Snelling, Civil Counsel asked Wayne Dicky, Jail Administrator to explain the incident of an injured City of Bryan inmate brought to the Brazos County Detention Center and the County paid the medical bill for him. Mr. Dicky explained that the inmate was a felon and therefore the responsibility of the Sheriff. Ms. Snelling then asked about negotiations with Officer Sheets concerning the definition of a day (now 4 hours), how we handle medical issues and the rates being discussed. Mr. Dicky said the only cases involving medical treatment that Brazos County would not be responsible for are those that are purely municipal in nature. Commissioner Cauley said she would like a Vol l L f a pg. 5 11 workshop on this topic each year in June or July before the budget is set for the next fiscal year. A copy of the Interlocal Agreement is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by County Judge Randy Sims. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 9 Contract Amendment with 4M Youth Services. INC. d.b.a Grandbury Regional Juvenile Justice Center establishing the Fiscal Year 2011 compensation rates for various levels of luvenlle probation care. New rates are as follows: Moderate level of care $98 per day per child Specialized level of care $140 per day per child These rates will be effective for 10 months, commencing November 1, 2010 and ending August 31, 2011. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 10 Contract Amendment with 4m Youth Services, INC. d.b.a Rockdale Regional Juvenile Justice Center establishing the Fiscal Year 2011 compensation rates for various levels of Iuvenile probation care. New rates are as follows: Moderate level of care $98 per day per child Specialized level of care $140 per day per child These rates will be effective for 10 months, commencing November 1, 2010 and ending August 31, 2011. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . Renewal of the contract with Knife River for flexible base with no Increase In price for the base material: term of agreement Is 11/24/2010 through 11/23/2011. A copy is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 12 Renewal of Stop Loss Coverage, effective 11/1/10. A copy is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by County Judge Randy Sims. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 13 Chanqe Order In the amount of $975.00 to Mikeal Construction for the replacement of PVC suDDIV lines with copper for the Brazos Center restroom remodel prolect. Vol. 14 a Pg. A copy of the Change Order is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 14 Requisition 00031878 in the amount of $20,412.00 for the purchase of a Voice Over IP telephone system for the new CSCD building. The vote was delayed until after the budget amendments were approved. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 15 Capital Requisition 00031940 in the amount of $18.450.00 to Bryan 800 Communications for the removal of equipment from old County vehicles and Installation of old and new equipment Into new County vehicles. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 16 Capital Requisition 00031917 in the amount of $1,400.00 to Lithia Dodge for the purchase of window tint for new County vehicles for the Sheriff's Office. Constables Offices and Juvenile Services. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 17 Acceptance of a Special Warranty Deed from Cassandra Marie Anderson and Gerald Wayne Anderson for the bridge replacement proiect at Thompson Creek on Leonard Road located in Precinct 4. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 18 Payment Authorization in the amount of $68.65 to Impact Computers & Electronics, Inc. for printer repair parts ordered by the Information Technology Department with Fiscal Year 2010 funds. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 19. Tax Refund Applications for the following: Rosalina A Suarez Picarro- overpayment•$218.23Netco Texas - overpayment- $492.83Don & Judy Liq htsev- overpayment - $12.55 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 20. Commissioners Court minutes for the following dates: p. October 12. 2010 Regular Meetinab. October 19.2010 Reaular Meetlnac. October 26.2010 Regular Meetingd. October 29, 2010 Workshop Session Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . Vol. 1 4 o• Pg. 21. Budget Amendments. Budget Amendments FY10: 57.1 57.1 Correction MPO Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . Budget Amendments FY11: 7.1 thru 7.5 7.1 Allocate DDEA funds to various departments 7.2 Reallocation of funds for County Clerk 7.3 Reallocation of funds for Capital Improvement Projects & IT: VOIP CSCD Building 7.4 Reallocation of funds for Information Technology 7.5 Transfer of funds from Contingency to Capital Improvements Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . Commissioners Cauley and Peters amended their motion and second to correct the amounts as pointed out on amendment 7.3 for the purchase of Jury Payment software to be used to deploy the Voice Over IP Telephone System in the new Community Supervision and Corrections building. The County Judge then went back to vote on item 14. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 22 Request from the District Attorney to decrease the salary budgeted for Assistant District Attorney I, class code 0415, position 3 (currently vacant) by $4,364.00 and Increase Assistant District Attorney II, class code 0413, position 7 by the same amount. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 23. Personnel Change of Status. Personnel Action Forms. Wayne Dicky asked the Court that the personnel action form for Brandon Watson be removed. All personnel action forms, with the exception of Brandon Watson were approved. Motion: Approve w/ Conditions , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 4 -0. Members voting Aye: Cauley , Mallard , Peters , Sims . Members voting Abstain: Wasserman . 24. Payment of Claims. 7081004 through 7081236 Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Vol. 14 a Pg. Wasserman . 25. Announcement of interest items and possible future agenda topics. Thre were no announcements. 26. Call for Citizen input and /or concerns. Sheriff Chris Kirk There were 529 inmates in jail, 46 have electronic monitors and 48 are pending for monitors. 27. Agency/ Board/ Committee reports by Court members. There were no Agency /Board /Committee Reports. 28. Adjourn. vol. 14 ? pg. The foregoing minutes of the Commissioners Court meeting held November 23, 2010 have been examined and are approved in open Court this the 444- day of ncec jjtr , 2010, in Bryan, Brazos noun Texas. Randy tams Coun Judge Duane Peters Commissioner, Precinct 2 Ir Cau y Commissioner, Preci Attest: K.ren McQueen County Clerk Vol l `f■ Page l0 Lloyd d �NTassse Commissioner, Precinct 1 K enny Mallar Commissioner, recinct 3 Name Rave i!S 1 S.-De 1-)\ A511, ; LI x,0,1 p COMMISSIONERS COURT MEETING 40 /0 im ffi Date and Time ( Vol. 1149\ - - pg. Organization /Department c8C- i r) faQir tracks - RAS - es/ tevd gidan_ - z-/ 0/2_ I1 Name (PLEASE PRINT) lt4M . Cis v`I h'-r pd DAY OF 71zunve40L2 , 20/o AM, BRAZOS COUNTY COMMISSIONER'S COURT Organization (PLEASE PRINT) Vol. pg. L a F/ed Cr _ c Pg 4 of a_ Resolution for MHMR Authority of Brazos Valley WHEREAS, Texas is the fastest growing state in our nation, representing the 2 largest population; and WHEREAS, the success, vitality and security of every Texas community depends on the good health and productivity of its citizens; and WHEREAS, the AmericanAsaociation on Intellectual and Developmental Disabilities describes the challenges faced by nearly 1 In 10 families affected by intellectual and developmental disabilities; and WHEREAS, the U.S. Surgeon General reports that 1 in 5 people will have a mental illness in any given year that, if left untreated, can lead to lost productivity, nmeerrassfiul telationsbips, significant dysfunction and continuing effect on children in their care; and WHEREAS, studies consistently reaffirm our experience that adults and youth with serious mental illness who do not receive mental health care are twice as likely to spend time in jails and prisons and a high percentage of youth placed on probation are in need of mental health cere; and WHEREAS, an independent evaluation of the Crisis Services Redesign conducted by Texas A & M University found that direct and measurable reductions in the cost of services (including reduced hospitalization) completely covers the cost of the state's investment in the mental health crisis response system; and WHEREAS, Texas utilizes the foundation of locally governed Community Centers of Texas to manage and deliver services across a11254 counties of our great state for one of the lowest flmded disability service systems in the nation; and WHEREAS, the Community Centers of Texas touch the lives of more than 400,000 Texans with intellectual and developmental disabilities, mental illness and substance use disorders each year; and WHEREAS, the Community Canteen of Texas strengthen and support our communities by delivering services that focus on recovery and self - determination to vulnerable populations; and WHEREAS, the MAMR Authority of Brazos Valley is locally controlled by a Board of Trustees comprised of dedicated volunteers, appointed by Brazos, Burleson, Grimes, Leon, Madison, Washington and Robertson County Commissioner's Courts and through this local governance eruct= has developed and managed a valued, accountable system of public services for the citizens of Brazos, Burleson, Grimes, Leon Madison, Washington and Robertson Counties; and WHEREAS, the MHMR Authority of Brazos Valley provides oversight, manages, and delivers community -based services for more than 7,075 Texans each year and WHEREAS, in serving this vital 'Unction the MHMR Authority of Brazos Valley locally employs more than 225 professionals, direct service specialists and administrative persoanel, engages a network of private providers and interacts with numerous local businesses for operational support; and WHEREAS, MHMR Authority of Brazos Valley is instrumental in creating and maintaining strong collaborative partnerships throughout the community on behalf of Texans with intellectual and developmental disabilities, mental illness and substance use disorders and their loved ones; and WHEREAS, MHMR Authority of Brazos Valley serves as a catalyst for drawing resources to our community for the purpose of creating an integrated local service delivery system and defrays costs that would otherwise be a burden on local govemment by leveraging local, state and federal funds; and NOW, THEREFORE, BE IT RESOLVED that the Brazos County Commissioner's Court supports and recognizes the locally governed Community Center as the most effective and cost efficient means to manage and deliver services for Texans with intellectual and developmental disabilities, serious mental illness and substance use disorders; and FURTHERMORE, we call on our Texas leaders to maintain their investment in community-based services for people with intellectual and developmental disabilities, mental illness and substance use disorders, particularly in an economic environment that creates an increased demand on public systems. UPON MOTION DULY MADE AND SEC ED, - lion unanimously adopted on this .93 day of NOWn 2010. ones Lloyd Wassermann Precinct 1 Commissioner Mallard Precis 3 ATTEST: Karen McQueen County Cleric Vo l. BRAZOS COUNTY BRYAN. TEXAS Randy Sims County Judge I4a Pg. I3 Revolution #10-017 For good and valuable consideration, Lions 71 Breakfast Club Corporation (hereinafter "Lions 71" or "Concessionaire ") and Brazos County, agree to terminate the Concessionaire Agreement presently in force and dated March 2, 2010. Said agreement shall be 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. CONCESSIONAIRE shall account for all last sales and gross receipts within thirty days of the termination of this. agreement. CONCESSIONAIRE shall vacate the premises as Concessionaire at Brazos County Exposition Complex by December 21, 2010. The last event that CONCESSIONAIRE shall provide concession services for shall be no later than December 13, 2010. CONCESSIONAIRE shall abandon all equipment and fixtures in place at the Brazos County Exposition Complex except that which is owned by CONCESSIONAIRE. Equipment owned by CONCESSIONAIRE must be removed no later than 4:00 p.m., Monday, December 20, 2010. Costs to repair any damages exceeding the sum of $250.00 resulting from such removal shall be paid by CONCESSIONAIRE to Brazos County. After receipt of CONCESSIONAIRE's last payment, Brazos County releases CONCESSIONAIRE from the remainder of the term under the parties' agreement. After payment of the last sales and gross receipts, CONCESSIONAIRE releases Brazos County from the remainder of the term under the parties' agreement. In this mutual termination, both Brazos County and CONCESSIONAIRE 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 Braz Dated 117934u Mutual Termination Agreement Terms of Consideration Cooperation For Lions 71 Breakfast Club Corporation f Randy Sims : razos County Judge Freddie Komar Au orized Agent Dated: l /AA Vo l. ! 4 a Pg. 4- # 5 Agreement for the Operation and Maintenance of The Brazos County Exposition Complex Concession 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 Shirley J. Bailey, d/b /a Bailey Concessions, (hereinafter "Bailey Concessions" or "Concessionaire "). WHEREAS the County seeks a Concessionaire to undertake and provide services to the public which includes the selling of food and beverages at the Brazos County Exposition Complex; and WHEREAS, the County further fords Bailey Concessions meets the criteria set forth in TEX. LOCAL Gov'T 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, 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 16 pages. County: Brazos County Concessionaire: Bailey Concessions Concession Services: The sale of all food and 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 and non- alcoholic beverages subject to all legal requirements and obtaining of all necessary permits; and not for any other purpose without the prior written Concessionaire Agreement Page 1 of 16 Vol. 1 L R p 15 consent 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 illustration, 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 non - 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, commencing January 1, 2011, 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. SECTION 5. TIME OF EXECUTION Unless otherwise provided, this Agreement shall be deemed executed when (1) it has been signed on behalf of the Concessionaire by the person or persons authorized to bind the Concessionaire; (2) the Agreement has been approved by the Brazos County Commissioner's Court; and (3) it has been signed on behalf Vol. Concessionaire Agreement Page 2 of 16 4 a, Pg. 1 Co gad Sa of the County by the County Judge or his delegate authorized to enter into the Agreement. 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: Twenty percent (20 %) of the gross receipts for ticketed events and five percent (5 %) of the gross receipts for non ticketed events produced by food and non- alcoholic beverage sales each month; less applicable retail sales tax or other direct taxes imposed upon receipts collected from consumer sales for 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 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 -in value of any 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: Concessionaire Agreement Page 3of16 Vol.— p g• I 1 SD 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 thereafter, 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. SECTION 7. HOURS AND DAYS OF OPERATION A. Concessionaire must post the hours of operation in a location visible to the public, and must be open for business during the hours posted. Hours of may not be changed without prior written approval of Director. B. Any deviation from the hours specified shall be subject to prior written approval of Director. Concessionaire Agreement Page 4 of 16 Vol. 1 4 a Pg 1 Se) C. The Concession premises shall be open for all events according to the schedule provided by the Director. SECTION S. 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 furnish 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. 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: (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 Concessionaire Agreement A ,� Page Sof16 Vol. t ti 2 p 19 Ise) 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. 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 of items offered is inadequate, of inferior quality, or if any of said prices are excessively high or low in the sole opinion of Concessionaire Agreement Page 6 of !6 VOL t '+2, p �O a S6 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 is not permitted under the terms of this agreement. Should Concessionaire desire to provide for the sale of alcoholic beverages, Concessionaire will be required to negotiate an addendum to this agreement to provide for same and provide proof of obtaining necessary permits and compliance with all 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 except that caused by normal wear and tear, whether owned and /or installed by Concessionaire or County. Maintenance of County owned equipment due to normal wear and tear shall be the responsibility of the 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. 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. Concessionaire Agreement Page 7of16 Vol. 14 9\ Pg a1 813 J. Mobile Food Cart: Concessionaire 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, attomey'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: I. 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 entire term of the Agreement the following insurance having the limits as set forth and the certificate of insurance must specify the following requirements: Concessionaire Agreement Page 8 of 16 VOL 14a pg ° Commercial General Liability Automobile Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products- Come/ OSH Agency $1,000,000 Personal and Advertising Injury $ 100,000 Fire Damage (any fire) $ 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) clays 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 prction such insurance affords County. SECTION le 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 furnished to or otherwise procured by Concessionaire, and in the event of the loss of any keys furnished by Director, Concessionaire shall pay COUNTY, on demand, the cost for replacement thereof; Concessionaire Agreement Page 9 of 16 LI' Vol. 4 Q1 pg. a3 M 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 opiriion 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 sales recording systems and equipment to be used for operation of the Concession which shall be submitted to Director for approval. Concessionaire Concessionaire Agreement Page l0 of 16 • Vol. 1 9 Pg. 9 4 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 Concessionaire from the operation of the Concession. 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. State and 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 lien 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 operation of the business. If the Concessionaire Agreement Page 11 of 16 Von. 1 4 R Pg. a5 Sa 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 assess 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. TERMINATION 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 VOL 1 14.2% Pg. a te 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. The 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 Vol. Concessionaire Agreement Page 13 of 16 140, p oZ� SQ 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. 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 SECTION 19. FORCE MAJEURE 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 party 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. '1 LEA Pg. a 33 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: Shirley J. Bailey, d /b /a Bailey Concessions 6430 CR 313 Navasota, Texas 77868 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 shall be effective upon receipt. Concessionaire shall provide County with written notice of any $ddress change within thirty (30) days of the occurrence of said address change SECTION 24. INTERPRETATION 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 Concessionaire Agreement Page 15 of 16 Vol._ 4 a Pg. a 9 a headings appearing herein are for the convenience of the parties 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. BRAZOS COUNTY Randy Si. s, County Judge Shirley J. Bailey Brazos ' ounty Judge Proprietor Date: (( - Date Attest: Karen McQueen Brazos County Clerk Concessionaire Agreement Page 16of16 BAILEY CONCESSIONS 3 © Vol. 1 `i Pg. INDIGENT HEALTH CARE CONTRACT This Contract is between BRAZOS COUNTY (hereinafter "County ") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG "). The purpose of the Contract is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act "). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act, Brazos County agrees to provide basic health care assistance to eligible Brazos County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. Brazos County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. BRAZOS COUNTY agrees to pay BVCOG $ 96,700.00 for the 2011 fiscal year, October 1, 2010 through September 30, 2011 in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of a state fiscal year of the county eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. 4. Intake services in Brazos County at least once a month. 1 Vol. I I a Pg. 31 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later than the 14 day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for re- submitting an application at any time circumstances justify a re- determination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end . of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the Program pursuant to the Texas Public Information Act, Texas Govenunent Code Chapter 552. 12. Reasonable access by the Brazos County Auditor for audit purposes to financial records relating to the administration and operations of the program which resulted in payment by the County to BVCOG or to providers. 13. An annual written review of the Program's management and operation. 14. A review of the eligibility of each household at least once every six (6) months. 15. A list of eligible Brazos County residents distributed to each provider once every six (6) months. Vol. 2 v4a Pg. 3.2 16. A review of all bills submitted to BVCOG by the Provider (s) to verify accuracy and the eligibility of the patient. 17. Remittance to the County of bills that have been reviewed and approved for payment to the provider. RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the Program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for Brazos County's pro rata share of outside audit services, if necessary. TERM This Contract is for one (1) year, from October 1, 2010 until September 30, 2011. CANCELLATION This Contract may be cancelled by either of the parties hereto upon Sixty (60) days written notice. ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this contract, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. 3 Vol 4 a Pg. 33 INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Contract may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. Venue shall be in Brazos County, Texas. FURTHER ASSURANCES Fah party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this contract. SEVERABILITY If any clause or provision hereof is invalid, unenforceable or illegal under present or future laws, or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected. ENTIRE CONTRACT This Contract contains the entire agreement between the parties. There. are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Contract and any extension thereto. Contractor, BVCOG, or any other person or entity directly or indirectly employed by the Contractor or any other person or entity to whom the Contractor may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this 4 Yni. 1 i- Ok p 3 4 Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Contract by written notice to the Contractor at the earliest possible time under the circumstances. EFFECTIVE the 1st day of October 2010. By: BRAZOS VALLEY COUNCIL OF GQVERNMENTS Toni illtinson Executive COG V„ I. 5 4oi P 3 Date: (1/.22a0 Date: (7'7Zr A ONE YEAR EXTENSION OF THE INTERLOCAL COOPERATIVE AGREEMENT PROVIDING FOR THE HOUSING OF PRISONERS FROM THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement between the City of Bryan, a political subdivision of the State of Texas, and the County of Brazos, a political subdivision of the State of Texas, is made pursuant to the provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791. WHEREAS, it has been found and determined by the Commissioners' Court of the County of Brazos, Texas, and by the City Council of the City of Bryan, Texas, that utilizing only one jail facility to serve the law enforcement agencies of the City of Bryan and the County of Brazos shall result in increased efficiency and economy to the citizens of the County of Brazos; and, WHEREAS, the Brazos County Jail and its attendant facilities are adequate to serve the law enforcement agencies of both the City of Bryan and the County of Brazos; and, WHEREAS, the County of Brazos and the City of Bryan desire to extend the current agreement for one year where the County of Brazos will house in its County Jail, and offer care for, prisoners of the City of Bryan according to the terms and conditions as set forth within the agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, it is agreed as follows, to -wit: The October I, 2010 renewal of the Interlocal Cooperative Agreement Providing For the Housing of Prisoners From the City of Bryan, Texas In the County of Brazos, Texas Jail, dated January 13, 2009 for the renewal term of October 1, 2010 through September 30, 2011 is APPROVED. There shall be no further extensions and this agreement shall terminate on September 30, 2011. Notice of such termination prior to September 30, 2011 is hereby made to the City of Bryan. APPROVED by Brazos County Commissioners Court at a meeting held on the 22 day of November, 2010. APPROVED: Vol. 1 4 P 3 te / , All Randy Sims, :: os County Judge ATTEST: Karen McQueen Brazos County Clerk vo1. Pg . 31 Contract Amendment ARTICLE V COMPENSATION Granbury Regional Juvenile Justice Center Residential Services Agreement September 1, 2010- August 31, 2011 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of all per day for each child, admitted under "Moderate" Level of Care, 5140 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Substance Abuse Program is recognized as a Specialized Treatment program and is reimbursable as such. The cost is based on the facility. Payment is due within 30 days of receipt of billing. Level of care for a child must be approved by both Parties prior to commencement of services. Any change in level of care must be approved in writing by both parties. The above listed rates for Level of Care will be effective for 10 months, commencing November 1, 2010 and ending August 31, 2011. Ted Cooley Facility Administrator Granbury Regional Juvenile Justice Center Juvenile Probation Officer Chie Date County /Dist et Judge Date Vol. 1 LP. Pg. 3? I��( — Ire Da te 9 Chiefluv County Jud Brazos County Juvenile Probation Department Contract Amendment ARTICLE V COMPENSATION Vol. 4° l P g 3 9 Tia Coleman- Garrett Date Facility Administrator Rockdale Regional Juvenile Justice Center Rockdale Regional Juvenile Justice Center Residential Services Agreement September 1, 2010 - August 31, 2011 5.01 For an in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of 01 per day for each child, admitted under "Moderate" Level of Care, 5140 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Probation Commission. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider, The Sex- Offender Treatment Program Is recognized as a Specialized Treatment Program and Is reimbursable as such. The cost is based on the facility. Payment is due within 30 days of receipt of billing. Level of care for a child must be approved by both Parties prior to commencement of services. Any change in level of care must be approved in writing by both parties. The above listed rates for Level of Care will be effective for 10months, commencing November 1, 2010 and ending August 31, 2011. 11- 8 -2o(0 Date 11/ Date ''U Vol. 1 0 , Pg. 4O LOCATION OF PLANT 1 xL'Hunoowmoo D10A 1 XL .- x[ 't' I XL Waif V OM ee0.100e I r ! i Sal OSOroa 031fVN AIBOV01 Le12 S 001r stet $ I ores. 3 ern ern tI era t OS'SZ ''. LPOL t $ and next • • • Knife Rivet : r ' ♦ / __ APPROVAL DATE: 111 sal fl LINO 030V01 92 1 0002 s pr t ern 3I IOOY $ I wsz LOW t Mg LV0S f IOW $ era t, 0012 t Lenz s 1 I ®0t t I 1sra s '0982 t L70L 3 i BID TABULATION 20' Formerly Bid # 20104 FLEXIBLE BASE 11/24/2010 THRU 11123! an Mew A1NO 03ovml I a s I an $ OYOL t Itrl S zees S 000 OW' 000'011 1t I 0oorolt r wait 000 I 00x02 I 02 000 I Maxima 3)4018 GaIISYIMO NUMB/ 1 { 1571.110 OPOD viola WqjA01d - 1 aB ro 3dAs Wive Jell I r i i NVOM311S SOMA I 1111awe7 HO V 3W 3308 X314 l SWV0131V191 OOVUUO100. i 01019 eng VLO WLL LS2i - L WY Sae all r I i XIWION UN ewe km weal. Pe V 'LL mme1W09. 1 D Y3au 3SVO X3ld NBAM 3iimi i 1001 1 x+9 Hero 3411.1 awe 53111 r i I 31401S G3NSn210110W3df18 I 1.10 V 9dAL 3SVU731d1 r I N WX 31 1 MO11. 479 0 0 7 2 . 1110 ro 3dAl 311711 x3141 r {� SOISVO GNf10N0., I 1 1 L t S # 1 oP 700 aft•F7RWd• 1119V3dAL 3SV11 r STATEWIDE MATERIALS TRANSPORT FLEE BASE TYPE A, OR 1 - Al LOOaton% 201 LONE STAR AGGREGATES RWPLL dos lens -11111 V 3dAL alma x0t41 Vol. 1 0 , Pg. 4O CONTRACT RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the contract for Bid 2010 -05R, new Bid # 2011 -04R, Flexible Base, in accordance with all terms and conditions previously agreed to and accepted. The new contract/bid number will be Bid 2011 -04R with no increase in price. The term of this renewal is from November 15, 2010 through November 14, 2011. I understand this agreement will be in effect upon approval by Commissioner's Court. KNIFE RIVER Authorized Signature BRAZOS COUNTY Randy S s, County Judge Vol. 1 L i . 9 1 Pg 1+ I /o - 2. w Date x/,9,340 Date Stop Loss Ensura11ee Services MAmWINS(voup(ompanY MEMORANDUM ATTN: Kay Magness Brazos County For review of the Commissioners Court, please note the final rates for Stoploss Coverage: Single Coverage $61.17 Family Coverage $166.85 Aggregate $2.76 The above rates are a combination of the rates as sold and issued in the policy by ING (policy rates) and Underwriting Management fees. Underwriting Management fees include the following: Filing & Tracking stoploss claims Billing /collections Plan document review Claim coordination with BCBS Compensation Management /review of contracts These fees are broken out as follows: Single Family Aggregate Contract Rate: $55.36 $151.00 $2.50 Underwriting /Management Fee: $ 5.81 $ 15.85 $ .26 *Final Rate: $61.17 $166.85 $2.76 *Final Rate should be remitted monthly for payment of the stoploss coverage and the underwriting management fees. Signed and accepted on the ,;23 day of By: Printed Name: Title: Witness: ,s a..I. County ac t . , 20 In Vol. ► 2) Pg. Stop Lou Insurance Senkes, Inc 6575 W. Loop South Suite 260 Bellaire, IX 77401 1' 713.668.0016 F 713.6681345 sta kumnuttmcm Please confirm the following information: ING Si) REQUEST FOR AMENDMENT REIJASTAR LIFE INSURANCE COMPANY A Member of the ING Family of Companies Administrative Office: P.O Box 20, Minneapolis, MN 55440 Group Name: Brazos County Group Number. 664274 Effective Date of Amendment: November 1, 2010 Amendment: Applies to the following product(s)Icoverage(s): Individual Excess Risk Account Number: 1 Class: Na Revise ReliaStar Life's Maximum Individ ,-,i' Life Benefit wording from $1,000,000 minus the individual deductible to reflect $1,000 Signature: Printed Name: ?aid Title: Qrx Should you have any questions or concems regarding this request, please feel free to contact me at the telephone number below. 972419 -5772 ING Internal SenvicingfSales Information Primary Selling Office: Houston Primary Servicing Office: Dallas Primary Sales Representative: Amy Hill Primary Client Representative: Gayle York Implementation Manager. n/a Vol. ' 4 a p 1 43 Date: 11 f 17/0 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THE STATE OF TEXAS COUNTY OF BRAZOS GRANTOR(S): Grantor's Mailing Address: Consideration: Special Warranty Deed Cassandra Marie Anderson and Gerald Wayne Anderson 4469 Leonard Road Bryan, Brazos County, Texas 77807 Leonard Road KNOW ALL MEN BY THESE PRESENTS: GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street, Bryan, Brazos County, Texas 77803 Ten and No /100 dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 2 23 acres of land situated in the T.J. WOOTEN LEAGUE, Abstract No. 59, Brazos County, Texas and being part of that certain Called 43.2 acre tract as described in Volume 7180, Page 295 of the Official Records of Brazos County, Texas and being conveyed to Cassandra Marie Anderson and Gerald Wayne Anderson in Volume 644, Page 191, of the Probate Records of Brazos County, Texas , said acres being more particularly described by metes and bounds as description as shown on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. Vol. I Pg. -T Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal) lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of mad or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and Executed this [ 7 day of pronouns include the plural. Cassandra Marie Anderson erald Wayne Anderson ,2010 Vol. 1 tf Pg. 9-s ACCEPTED BY GRANTEE: STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on 7n0tttnn itt / " 7 � 1 o by Cassandra Marie Anderson. STATE OF TEXAS COUNTY OF BRAZOS Acknowledgment Acknowledgment This instrument was acknowledged before me on Gerald Wayne Anderson. Vol ars I ' Notary Public, State of Texas State of Notary Public, Stte of Texas / 7 1 by BRAZOS COUNTY RIGHT -OF -WAY WIDENING ALONG LEONARD ROAD BEING 2.23 ACRES OUT OF THE CASSANDRA MARIE ANDERSON & GERALD WAYNE ANDERSON CALLED 43.2 ACRE TRACT VOLUME 7180, PAGE 295 REFERENCE PROBATE RECORDS VOLUME 644, PAGE 191 T. J. WOOTEN LEAGUE, A-59 BRAZOS COUNTY, TEXAS OCTOBER 1, 2010 All that certain lot, tract or parcel of land being 2.23 acres of land situated in the T. J. WOOTEN LEAGUE, Abstract No. 59, Brazos County, Texas, and being a part of that certain Called 43.2 acre tract as described in Volume 7180, Page 295, of the Official Records of Brazos County, Texas, and being conveyed to Cassandra Marie Anderson and Gerald Wayne Anderson in Volume 644, Page 191, of the Probate Records of Brazos County, Texas, said 2.23 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Thompson Creek for the most southerly east comer, said comer being the calculated east corner of said Called 43.2 acre tract, said comer being located in the southwest line of the Alvin Stetz Called 50.999 acre tract of record In Volume 818, Page 541, and also being the calculated north comer of the Alva Kesler and Cassandra Anderson Called 39.94 acre tract of record in Volume 6573, Page 68, a 3/8" Iron Rod found for reference bears S 45 ° 07 ' 05 " E a distance of 488.15 feet; THENCE S 42 ° 32' 48 " W, along the calculated southeast line of said Called 43.2 acre tract and the calculated northwest line of said Called 39.94 acre tract a distance of 92.87 feet to a W Iron Rod with Cap set for the most southerly corner, a 6° Fence Post found at the high bank of the Brazos River bears S 42 ° 32 ' 48 " E a distance of 2697.61 feet; THENCE along the occupied southwest line of Leonard Road for the following calls: N 43 ° 54 ' 10 " W, a distance of 94.23 feet to a Fence Post found for angle point; N 38 ° 02 ' 13 " W, a distance of 71.44 feet to a Fence Post found for angle point; N 36 ° 07 ' 32 " W, a distance of 51.39 feet to a Fence Post found for angle point; N 32 ° 58' 08 " W, a distance of 51.85 feet to a W Iron Rod with Cap found for the most southerly west comer; THENCE N 01 ° 54' 59 " W, at a distance of 285.59 feet passing a Iron Rod with Cap set for reference and continuing for a total distance of 355.59 feet to a calculated point in the centerline of said Thompson Creek for the northerly west comer, a calculated point for the most westerly north comer of said Called 43.2 acre tract bears S 76 ° 07 ' 11 " W a distance of 61.60 feet; THENCE along the centerline of said Thompson Creek, same being the calculated north and northeast line of said Called 43.2 acre and the calculated southwest line of said Called 50.999 acre tract for the following calls: N 76 ° 07' 11 " E, a distance of 16.97 feet to a calculated angle point; N 87 ° 15' 50 " E, a distance of 61.97 feet to a calculated angle point; S 66 ° 13' 56 " E, a distance of 43.00 feet to a calculated angle point; S 54 ° 57 ' 32 " E, a distance of 63.10 feet to a calculated angle point; S 32 ° 54 ' 26 " E, a distance of 46.48 feet to a calculated angle point; S 22 ° 47 ' 21 " E, a distance of 154.23 feet to a calculated angle point; Vol. I P\ „. 4-1 S 12 ° 00 ' 36 " W, a distance of 82.36 feet to a calculated angle point; S 43 ° 08 ' 05 " W, a distance of 95.68 feet to a calculated angle point; S 17 ° 08' 22 " E, a distance of 42.01 feet to a calculated angle point, and; S 36 ° 43' 49 " E, a distance of 97.36 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 2.23 ACRES OF LAND, MORE OR LESS, WITH 0.30 OF ONE ACRE BEING WITHIN THE MAINTIANED RIGHT -OF -WAY, according to a survey performed during June 2008, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the west line of said 2.23 acre tract to Grid North, NAD83 (CORS96), as derived from GPS observations. Vol.. I L i" . Pg. � g •gyp 932 .2 02 Nvm PIKINxn Y 5. .4 m WOW. W .gQNG � Tea n 95 an W.1M Mal le lM Phone �1 969696 URVE pNXy *4043 100116YBA a Orin. ITC. VING Po6 OP* TJSO096 W 9 eaa abx.. Wa96 5 490t09 W 939 0 •07? W x60 W071. t 5.57 x 9n$a 9 0428AWIA MARK: *292R OCR SLR WAYNEAANDFA B RM C EC 800. 12067 REFERENCE 7I00/223 D.R. x 3W0219 w 944' NAME ANWASON AND MRAIA W SAMSON 0 PA PM. WA. Pe.l la Apx PLY CAUSE M. 12631 REFERENCE 7180/296 DA. x 976410 W 94 BRAZOS COUNTY RIGHT•OFWAY WIDENING ALONG LEONARD ROAD BBNG 223 ACRE OUT OF THE CASSANDRA MARIE ANDERSON & GERALD WANE ANDERSON 432 ACRE TRACT VOLUME 7180, PAGE 295 REFERENCE PROBATE RECORDS VOLUME 644, PAGE 191 T.). WOOTEN LEAGUE, A•59 BRAZOS COUNTY, TEXAS OCTOBER 2010 Frs. I / 9 ken Ra— M 7.5. Part. Peel Ix MIN CI. 5559 a a a 43.2 m beet 54 390799 W B FM. Paa P..1 la AMW. M Ps. Y P «M Pool 555 �.Aa W N el cad 4609 5.49512' E 989 276.2E a 41AV Gomm • ay 6 294721' 2 15429 ALVIN BTET2 CALLED 50.999 AC 918/0.1 non. 52437FAM PR21 9402. YOR M. 455. M WREST CERTIFY TUT PLAT REPRESENT{ TIE RESULTS OF AN ON 55011 (*VE Y MO RI TEE. AM CORRECT Oft 2 S E WSW 1 VT an Rod with C.. 0290: 3 2 * FAEiM5 CALLED 36s/ ACRES 06731 29 WOW 43,2 0,2 wirml E 7NM.a ma Vol. -- Pg' Cassandra Marie Anderson Gerald Wayne Anderson RIGHT -OF -WAY ACQUISITION AGREEMENT LEONARD ROAD I accept payment of $8,009.50 as compensation for granting a Special Warranty Deed in, along, upon and across 1.93 acres of my property located on Leonard Road, Precinct 4, Brazos County, Texas. ,. .. -___AA.$.. i4 Ii - -6109- 11-0-10 Social Security No. Date 4 z-9 &Ci6C / /r /7,/ o Social Security No. Date Vol. l `t 9 Pg. 50 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 57.1 On this the 23rd day of November 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd day of November 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21th 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 23rd day of November 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Ran •; Sims, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. =�-- Pg• FUND 3000 3000 0100 0100 MPO: DIV 11001500 ACCT 49028000 46052000 91320000 61130000 PROJ DR/CR DR CR CR DR ACCOUNT NAME Transfer from General Fund MPO - Contribution Transfer to Grants Fund Contingency- General Fund Increase 15,000.00 15,000.00 Decrease 15,000.00 15,000.00 To correct the original budget of Fiscal Year 2010. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 67.1 11/23/2010 Vol. L i d2 \ Pg. 6A BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11— 7.1 thru 7.5 On this the 23rd day of November 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd day of November 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of November 2010. THE COMMISSIONERS COURT OF' BRAZOS COUNTY, TEXAS. Bv: Rand . ims, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol, 1 4 d\ pg. 63 '2 / (b) FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 10002000 59100000 DR Veterans Services -DDEA 1,742.20 0100 11000100 59100000 DR Comm. Court - DDEA 8.50 0100 12000100 59100000 DR Treasurer - DDEA 5,623.40 0100 12500100 59100000 DR Risk Mgmt. - DDEA 3,705.91 0100 13000100 59100000 DR Tax Office -DDEA 30,015.41 0100 14000100 59100000 DR 1.T. -DDEA 23,114.42 0100 15000100 59100000 DR Human Resources -DDEA 848.39 0100 16500100 59100000 DR Purchasing -DDEA 282,74 0100 17000100 59100000 DR Buldg Maint. -DDEA 34,620.41 0100 18000100 59100000 DR County Attorney -DDEA 41.12 0100 19000100 59100000 DR District Attorney -DDEA 12,644.38 0100 20000100 59100000 DR District Clerk -DDEA 5,943.39 0100 20010000 59100000 DR Court and Jury -DDEA 12,241.09 0100 20020000 59100000 DR Collections - DDEA 4,383.07 0100 21000100 59100000 DR County Clerk -DDEA 23,923.35 0100 22000100 59100000 DR 85th Dis. Court -DDEA 679.00 0100 22100100 59100000 DR 272nd Dis. Court -DDEA 466.93 0100 22200100 59100000 DR 361st Dis. Court -DDEA 10,903.28 0100 22500100 59100000 DR Juvenile Referee -DDEA 1,195.23 0100 23000100 59100000 DR CCL#1 -DDEA 4,470.74 0100 23100100 59100000 DR CCL #2 -DDEA 1,195.56 0100 24101100 59100000 DR J.P. #1 -DDEA 22,456.39 0100 24201100 59100000 DR J.P. #2.1 -DDEA 4,270.90 0100 24201200 59100000 DR J.P. 112 -2 -DDEA 4,560.26 0100 24301100 59100000 DR J.P. #3 -DDEA 21,635,18 0100 24401100 59100000 DR J.P. #4 -DDEA 0.74 0100 30201100 59100000 DR Constable Pct 2 -DDEA 656.84 0100 30301100 59100000 DR Constable Pct 3 -DDEA 48.67 0100 31000100 59100000 DR Juvenile -DDEA 16,420.10 0100 35500100 59100000 DR Emerg. Mgmt. - DDEA 22,506.79 0100 36000100 59100000 DR Expo Complex 2.69 0100 37000100 59100000 DR Ag Ext. - DDEA 3,443.50 0100 11001500 61130000 CR GeneralFund - Contingency 274,050.58 Various Departments - To allocate the DDEA for 08 -09 based on remaining balances in 07 -08 budget. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 7.1 11/23/2010 Vol. 1 14 ' 9 \ P 0 FUND 2000 2000 DIV 21005000 21005000 County Clerk: ACCT 61130000 72590000 PROJ DR/CR CR. DR ACCOUNT NAME Contingency- County Clerk Mgmt Fund Professional Fees Increase 67,300.00 Decrease 67,300.00 Reallocation of funds to allow payment of Photostat books scan and recreate project as approved in September 2009 by Commissioner's Court. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 7.2 11/23/2010 Vol. 114 R P 55 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80211000 CR Computer - software 19,100.00 4500 63000500 60500000 DR Office Equipment 14,872.00 4500 63000500 67205000 DR Network Costs 4,228.00 0100 14000100 71020000 CR Computer Contracts 1,312.00 0100 91110000 DR Transfer to Capital Improvements 1,312.00 4500 49028000 CR Transfer fm General Fund 1,312.00 4500 63000500 60500000 DR Office Equipment 1,312.00 Capital Improvement Projects & IT: VOID CSCD Building Reallocation of funds originally budgeted for the purchase of Jury Payment software to be used to deploy the Voice Over 11 telephone system in the new CSCD building. Also moving funds from IT budget to cover the CSCD Voice Over 1P deployment BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 7.3 (Revised in Court) 11/23/2010 Vol. FUND 0100 0100 DIV 14000100 14000100 ACCT 80203000 67203000 Information Technology: PROJ DR/CR CR DR ACCOUNT NAME Computer - Hardware Minor Computer Hardware Increase 12,042.00 Decrease 12,042.00 Reallocation of funds to allow for the purchase of three replacement scanners for the District Clerk's office. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 7.4 11/2312010 Vol. l 4 Pg 67 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 I1001500 61130000 CR Contingency - General Fund 840.00 0100 91110000 DR Transfer to Capital Improvements 840.00 4500 49028000 CR Transfer fm General Fund 840.00 4500 63000500 80940000 DR Brazos Center - Improvements 840.00 Capital Improvements and Contingency: Transfer of funds to allow the change order to Brazos Center Capital project. To replace PVC supply lines with copper for the restroom remodel. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -44 ?. S 11/23/2010 Vol. I k Pg._ 5 g Commissioner Court Date: November 23, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) County Attorney County Judge DA District Clerk Juvenile PERSONNEL CHANGE OF STATUS REQUESTS Employee Request Applies To Foley, Brian County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) l� Vol. _ v...,� = -- P g . Action Requested Olgetree, Erica New Hire Transfer w /in Dept. Crenshaw, Cory Resignation Goss, Jason New Hire Speakmon, Lyndsee Transfer w /in Dept. Wilganowski, Amanda Resignation Wormly, Krystal Salary Increase Bertling, Kayla Termination Aguilar, Manuel Promotion Benavides, Martha Resignation Criddle, Steven State Stipend Kelley, Janice Marie New Hire SO — Jail / Mixon, Bradley Transfer w /in Dept. �� Ross, Billie Jean Retirement �' Watson, Brandon Resignation Approved in Commissioners' Court: November 23, 2010: ! ,.ice ,tozs