HomeMy WebLinkAbout2012-09-04-10:00AM-REGULAR SESSIONi
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON SEPTEMBER 4, 2012 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 -16:
3, ReavRoIntment of the Nancy Berry. Mayor of College Station, to the Brazos Valley Council of
Govemments Board of Directors: term will be 10/1/2012 - 9/30/2015.
4, Payment Authorization to Goodyear Auto Service Center Inc In the amount of 64516 for vehicle tires
In the Sheriff's Office: purchase order was not obtained in advance.
5.
C
7. Extension of contract for mail services with Delucla Mail Service.
8. Renewal of contract with Brenco Marketing for the purchase of fuel for Brazos County used In
coniunctlon with Texas A &M.
9, Renewal of bid contract 2013 -09R lane Striping and Pavement Markers with Highway Technologies.
10. Renewal of contract with McCreary. Veselka. Bragg and Allen. P.C. for the collection of delinquent
Property taxes.
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BRAZOS COUNTY
intedocai agreement between Brazos County and the Texas A &M University System regarding the Expo
Complex and the TAMU Equestrian Team.
1 1. Renewal of Contract for Fumiture Cleaning with Howell Service Corp.
12.
13. Tax Refund Applications for the following:
• a. B /CS Habitat for Humanity Inc - overpayment- $469.16
• b. Rlckv & Renita East - overpayment- 5300.00
• c. Paradowski Investments LLC- overpayment -$9.83
• d. Charles D. Ivy - overpayment- 51,676.59
• e. Judie Bruecaer- overpayment- 5237.11
• f. John G. Mancuso - overpayment- 51.200.21
14. Budget Amendments.
Budget Amendments FY 11/12 45.1 thru 45.5
15. Personnel Change of Status.
Personnel Action Forms
16. Payment of Claims.
17. Acknowledgement of the Brazos County Purchasing Department Update for August 24 - 30, 2012.
18. Sheriff's report on inmate population.
19. Announcement of interest items and possible future agenda topics.
20. Call for Citizen input and /or concerns.
21. Adjourn.
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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 Courts 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 property 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.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
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 be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
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MINUTES
September 4, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Signature Paae.0f
File Stamed Aaenda.ndf
Sian in sheet.adf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, September 4, 2012 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, 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.
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 -16:
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BRAZOSCOUNTY
BRYAN,TEXAS
3. Reappointment of the Nancy Berry, Mayor of College Station, to the Brazos Valley
Council of Governments Board of Directors; term will be 10/1/2012 - 9/30/2015.
Item 3.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
4. Payment Authorization to Goodyear Auto Service Center, Inc. in the amount of 645.16
for vehicle tires in the Sheriff's Office; purchase order was not obtained in advance.
Item 4.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
5. Approval of requisition for consulting and design of roof replacement for the
Administration Auditorium roof, Juvenile, Lilly Building and Ag Extension. This manual
requisition for $3350.00 will be completed in fiscal year 2012 and the remaining funds
required, $20,350.00, will be encumbered and spent in fiscal year 2013.
Item 5.pdf
91
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
Item 6.odf
Interlocal agreement between Brazos County and the Texas A &M University System
regarding the Expo Complex and the TAMU Equestrian Team.
Term of agreement is November 1, 2012 - June 1, 2015. Court Counsel reported that
the TAMU Equestrian Team is building their own facility and will probably move before
this agreement expires. A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
7. Extension of contract for mail services with Delucia Mail Service.
Item TO
All terms, conditions and pricing shall remain the same. The term of the contract
extension is August 15, 2012 - September 20, 2012.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard, Peters, Wassermann.
L-A
Item 8.odf
Renewal of contract with Brenco Marketing for the purchase of fuel for Brazos County
used in conjunction with Texas A &M.
The term of the renewal contract is October 1, 2012 - September 30, 2013. A copy is
attached.
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Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters , Wassermann .
9. Renewal of bid contract 2013 -09R Lane Striping and Pavement Markers with Highway
Technologies.
lb Item 9.odf
All terms, conditions and pricing shall remain the same. The term of the renewal
contract is October 15, 2012 - October 14, 2013. A copy is attached
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
10. Renewal of contract with McCreary, Veselka, Bragg and Allen, P.C. for the collection of
delinquent property taxes.
V -11 Item 10.odf
The term of the renewal contract is October 1, 2012 - September 30, 2014. A copy is
attached
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
11. Renewal of Contract for Furniture Cleaning with Howell Service Corp.
Item 11.odf
All terms, conditions, and pricing shall remain the same. The term of the renewal
contract is October 15, 2012 - October 14, 2013. A copy is attached
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters ,
Wassermann .
12. Request from Verizon Communications to construct 70 ft. of (parallel) buried cable and a
2 -inch road bore in the right of way of Hopes Creek Road (to provide service to address
number 12085 Hopes Creek Road). Site is located in Precinct 1.
Item 12.odf
Verizon facilities installation work in county right -of -way shall not begin prior to
Commissioners Court approval or denial at the September 4, 2012 meeting.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard , Peters , Wassermann .
13. Tax Refund Applications for the following:
Item 13.odf
• a. B /CS Habitat for Humanity Inc - overpayment - $469.16
• b. Ricky & Renita East - overpayment - $300.00
• c. Paradowski Investments LLC- overpayment -$9.83
• d. Charles D. Ivy- overpayment - $1,676.59
• e. Judie Bruegger- overpayment - $237.11
• f. John G. Mancuso - overpayment - $1,200.21
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Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
14. Budget Amendments.
Budget Amendments FY 11/12 45.1 thru 45.5
Item 14.pdf
45.1 Reallocate funds for TYC Parole and Juvenile Detention
45.2 Reallocate funds for Associate Judge #1
45.3 Reallocate funds for Juvenile Services and Juvenile Detention
45.4 Reallocate funds for County Clerk Election Workers
45.5 Reallocate funds for Information Technology
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
15. Personnel Change of Status.
Personnel Action Forms
Item 15.pdf
Approved as submitted with the exception of Nancy Sifuentes, which was removed. A
copy of the Personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann.
16. Payment of Claims.
Claims Sheet.odf
BILL LIST 9.4.12.pdf
7101714 through 7101898
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
17. Acknowledgement of the Brazos County Purchasing Department Update for August 24 -
30, 2012.
The Court acknowledged receipt of the Purchasing Department Weekly Update.
18. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 566 inmates in jail, 55 have electronic monitors
and 28 are pending for monitors.
19. Announcement of interest items and possible future agenda topics.
Commissioner Cauley asked that a workshop be scheduled to discuss a Medical Director
for the jail.
20. Call for Citizen input and /or concerns.
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Jeff Reeves, Acting Agency Head, in the office of Constable, Precinct 1, congratulated
Johnny Campbell on his promotion. Mr. Reeves and the late Constable Bachmann had
discussed appointing Mr. Campbell if a position in the department ever came open. Mr.
Reeves then introduced Robert Huet as a new hire and thanked Mary for her help as she
is the backbone of the office. He also thanked the Court for all of their help during this
difficult time.
21. Adjourn.
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The foregoing minutes of the Commissioners Court meeting held September 4, 2012
have been examined and are approved in open Court this / day of
2012, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct 1
Kenny Mallar
Commissioner, Necinct 3
IAa Cauley
Commissioner, Precinct 4
Attest:
Il e
Karen McQueen
County Clerk
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 2012 AT U_'�l-9 Cali(
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INTERLOCAL AGREEMENT
BETWEEN BRAZOS COUNTY AND THE BOARD OF REGENTS
OF THE TEXAS A &M UNIVERSITY SYSTEM
This Interlocal Agreement ( "Agreement ") is made effective as of the s day of S
, 2012 by and between the BOARD OF REGENTS OF THE TEXAS A &M
UNIVERSITY SYSTEM, an agency of the State of Texas ( "TAMUS "), for the use and benefit
of TEXAS A &M UNIVERSITY ( "TAMU "), a member of The Texas A &M University System,
and BRAZOS COUNTY, TEXAS ( "COUNTY "), a political subdivision of the State of Texas,
for the times and dates indicated herein.
WHEREAS, Texas Government Code, Chapter also known as the Interlocal
Cooperation Act, authorizes local governments to contract with each other and with agencies of
the state, to perform functions or services each party to the contract is authorized to perform
individually; and,
WHEREAS, COUNTY and TAMUS each desire to enter into this Agreement in order
to delineate the intended use of the Brazos County Exposition Complex by the TAMU
Department of Athletics Equestrian Team; and,
WHEREAS, COUNTY and TAMUS each represent it is authorized to enter into this
Agreement;
NOW, THEREFORE, in consideration of the recitals and mutual covenants made by
TAMUS and COUNTY to be respectively kept and performed, the parties agree as follows:
SECTION I. PURPOSE OF AGREEMENT
1.1. The purpose of this Agreement is to establish the responsibilities of TAMUS and
COUNTY regarding the use of the Brazos County Exposition Complex ( "Complex "),
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specifically its Indoor Arenas and Outdoor Arena, and approximately 38.04 acres of adjoining
Property, as defined in Section 3.3, and as shown on Exhibit "C ", attached hereto and
incorporated herein for all purposes.
SECTION II. TERM
2.1. This Agreement shall begin on November 1, 2012 and shall terminate on June 1,
2015. The parties may mutually agree to extend the term of this Agreement by execution of a
separate interlocal agreement.
2.2. This Agreement may be terminated by either TAMUS or COUNTY, without
cause, provided one hundred eighty (180) calendar days written notice is provided to the other
party; however, this Agreement may not terminate prior to the end of an academic year. In the
event of such termination, any payments due under this Agreement will be made up to and
including the date of termination. Upon termination, the parties will have no further rights or
obligations under this Agreement.
SECTION III. INTENDED USE
3.1. COUNTY agrees TAMUS will have use of the Complex North Arena, South
Arena, Covered Warm -Up Arena and Outdoor Warm -Up Arena, shown on Exhibit "A ", attached
hereto and incorporated herein for all purposes, based upon a schedule of hours as agreed upon
by COUNTY and TAMUS. TAMUS agrees its use of the arena(s) is subject to COUNTY's
precedent use of the facilities for its own purposes with COUNTY giving TAMUS at least thirty
(30) days notice of COUNTY's intent to supersede use of the Complex or arena(s). At the time
of execution of this Agreement, Exhibit `B ", attached hereto and incorporated herein for all
purposes, reflects the practice schedule for use by TAMUS.
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3.2 Scheduling of TAMUS practice times and dates for TAMUS held/sponsored
competitions will be given to COUNTY one (1) academic semester, in advance. COUNTY
agrees to give TAMUS written notice of any scheduling conflicts within fifteen (15) days
following the date of COUNTY's receipt of TAMUS' schedule.
33 Approximately 38.04 acres, as shown on Exhibit "C ", attached hereto and
incorporated herein for all purposes, of property ( "Property ") will be allocated exclusively for
TAMUS' use. TAMUS agrees to use the entrance off Jones Road as its primary entrance to the
Property and will keep the gate locked at all times when no TAMUS personnel are present. On
an annual basis, additional property may be made available to TAMUS for grazing its equestrian
team horses subject to approval of COUNTY and with the understanding TAMUS would be
responsible for maintenance of the additional property to include fencing, planting of grass,
fertilizing of same, and control of weeds and brush.
3.4 TAMUS use of the arena(s) during TAMUS' scheduled time(s) would be
exclusive to TAMUS subject to COUNTY personnel having necessary access for custodial,
maintenance, marketing, sales, public relations, or other COUNTY operational purpose(s) in a
manner that does not materially interfere with TAMUS' use. Should COUNTY's exercise of
prior use conflict with TAMUS held/sponsored competitions, the parties will negotiate in good
faith to reschedule their respective dates.
SECTION IV. ADDITIONAL FACILITIES
4.1 Any construction of facilities by or on behalf of TAMUS on the Property shall be
subject to the prior written approval of COUNTY. COUNTY agrees to provide TAMUS a one
(1) year notice of any COUNTY intent to construct facilities on the Property. Should COUNTY
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construct facilities on all or any portion of the Property, COUNTY agrees to provide comparable
land to TAMUS adjacent to the Property of the same size as that used by COUNTY.
4.2 In the event TAMUS constructs facilities, TAMUS agrees, at its sole cost and
expense, 1) to be responsible for all maintenance and repairs of said facilities, 2) to employ an
onsite manager with operational oversight of materials, equipment, and horses kept at the
facilities and 3) to separately meter utilities to the facilities and be responsible for payment of
those metered costs. COUNTY agrees any facility built by TAMUS will be for TAMUS
exclusive use during the term of this Agreement.
4.3 COUNTY agrees that facilities on the Property may be constructed by TAMUS
or by The 12th Man Foundation, a nonprofit corporation, for the benefit of TAMUS.
SECTION V. FACILITY COSTS
5.1. COUNTY will invoice on a monthly basis and TAMUS will remit payment to
COUNTY within thirty (30) days at the address provided by COUNTY for the following facility
costs related to TAMUS' use of the Complex:
Use of the North Arena and South Arena (individually, "Indoor Arena ") for practices
when no utilities are used at the rate of $150.00 per day, per Indoor Arena; use of Indoor
Arena for up to eight (8) hours with lights and /or fans at the rate of $300.00 per day, per
Indoor Arena; use of the Covered Warm -Up Arena at the rate of $150.00 per day if lights
and/or fans are used, but the Covered Warm-Up of the Outdoor -Up Arenano lights or
fans are used; and no cost to T
Use of one (1) Indoor Arena for TAMUS held/sponsored competitions at the rate of
$1,500.00 per day, a second Indoor Arena at the rate of $600.00 per day; and use of the
Covered Warm -Up Arena at the rate of $600.00 per day if used for actual competition,
but at no cost if used for warm up but not actual competition. A total rate of $600.00 for
all arenas combined per move in and/or set up day prior to competition days.
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5.2 The costs stated in Section 5.1 are subject to evaluation twice per calendar year by
COUNTY and TAMUS, as costs of utilities or the rate at which COUNTY assesses other
customers for use of the Complex or arena(s) may change.
5.3 COUNTY, upon, the provision of sixty (60) days written notice, shall apprise
TAMUS of any and all utility increases which may occur upon the Property.
5.4 The parties agree that the COUNTY is limited to two (2) increases per year•, with
one (1) notice of increase to be provided on each yearly anniversary date of this Agreement and
the second notice of increase, if any, provided during the middle of each year.
SECTION VI. EQUIPMENT/FACILITY MAINTENANCE
6.1 TAMUS will be responsible, at its sole cost and expense, for providing its own
equipment for care of the Indoor Arenas and the Outdoor Arena.
6.2 Care of the Indoor Arenas and the Outdoor Arena will be coordinated with
COUNTY personnel having oversight over Complex maintenance.
6.3 All COUNTY facilities used by TAMUS will be cleaned, maintained, and
repaired on a daily basis to the original condition as found by TAMUS. At the time of
termination or expiration of this Agreement, TAMUS and COUNTY will agree upon the extent
to which TAMUS will, at its sole cost and expense, return the premises to their original
condition, normal wear and tear excepted. Upon termination or expiration of this Agreement,
any permanent improvements to the Property and/or the Complex will revert to COUNTY
ownership.
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SECTION VII. PARKING
7.1 There is an area in the Complex, as shown on Exhibit "C ", which is directly
adjacent to the Property and designated for parking ( "Parking Area "). All terms of the Parking
Agreement — Shared Parking, by and between Brazos County and the Board of Regents of Texas
A &M University System, executed November 3, 2009, and attached hereto and incorporated
herein for all purposes as Exhibit "D" ( "Parking Agreement ") are hereby adopted and
incorporated into this Agreement by reference. Nothing in this Section VII, shall grant or vest
any title, property rights or easement in the Parking Area in TAMUS, and all ownership of the
Parking Area shall remain fully vested in the COUNTY.
7.2 No portion of the Parking Area, driveways or other designated parking areas on
the Property and Complex shall be used for any purpose other than authorized parking, and no
fence, barricade or improvement shall be constructed by either party that would prohibit the use
of the Parking Area, driveway or other designated parking areas. TAMUS shall provide, as
reasonably necessary, maintenance and repair work to the Parking Area, which shall include any
striping, lot sweeping and landscaping. TAMUS shall pay all utilities associated with the
Parking Area, including facility lighting as directed by standard safety practices. TAMUS and
the COUNTY both agree to maintain liability insurance for the Parking Area as is standard for
their own business usage.
SECTION VIII. PARTIES' RELATIONSHIP
AND RIGHT TO PROMOTE AFFILIATION
8.1 The COUNTY and TAMUS acknowledge and agree the parties' relationship is
that of LESSOR AND LESSEE and that no other legal relationship exists between the parties,
including, without limitation, partners, joint ventures, employer or employee. Neither party shall
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have the right or power to bind the other party and an y attempt to enter into an agreement in
violation of this Agreement shall be void. Neither party shall take any actions to bind the other
party to an agreement.
8.2 COUNTY is not responsible for wages, social security taxes, hospitalization
insurance or workers' compensation insurance for TAMU personnel, contractors or students.
8.3 Nothing in this Agreement is to be construed as transferring financial
responsibility from one party to another.
8.4 The parties also acknowledge and agree that that the parties' affiliation under this
Agreement carries with it valuable publicity and standing in the State and local community. For
these reasons, the parties agree that each has the right to advertise and promote the parties
affiliation under this Agreement; provided that any such advertisement or promotion is approved
in advance by both parties, and nothing in this Agreement shall be construed as granting any
license to use the marks (logos /trademarks) of TAMUS or TAMU.
SECTION IX. MODIFICATION OF AGREEMENT
9.1 The terns and conditions of the Agreement may be modified at any time by the
mutual consent of both parties. However, no amendment or modification to this Agreement is
effective unless and until it is reduced to writing and signed by duly authorized representatives of
both parties.
SECTION X. WRITTEN NOTICE
10.1. Unless otherwise specified, written notice will be deemed to have been duly
served if delivered in person to the individuals listed below or if it is delivered or sent certified
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mail to the business address below. Each party will have the right to change its business address
by at least thirty (30) calendar days written notice to the other party.
TAMUS: Mr. Eric Hyman, Director of Athletics
Department of Athletics
P.O. Box 30017
College Station, TX 77842 -3017
with a copy to: Department of Contract Administration
1182 TAMU
College Station, TX 77843 -1182
COUNTY: Mr. Duane Peters, County Judge
Brazos County
200 South Texas Ave., Suite 332
Bryan, Texas 77803
with a copy to: Tom Quarles
Director of Special Event Facilities
Brazos County
5827 Leonard Road
Bryan, Texas 77803
SECTION XI. STATE AGENCY/ POLITICAL SUBDIVISION
11.1. COUNTY expressly acknowledges that TAMUS is an agency of the State of
Texas and TAMUS acknowledges that COUNTY is a political subdivision of the State of Texas.
Nothing in this Agreement will be construed as a waiver or relinquishment by TAMUS or
COUNTY of its right to claim such exemptions, privileges, and immunities as may be provided
by law.
SECTION XII. WAIVER
12.1. Failure of any party, at any time, to enforce a provision of this Agreement, in no
way constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement,
any part of this Agreement, or the right of the party thereafter to enforce each and every
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v01. 1 Pg. 1
provision of this Agreement. No term of this Agreement will be deemed waived or breach
excused unless such waiver is in writing and signed by the party claiming to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or
excuse of any other different or subsequent breach.
SECTION XIII. INVALIDITY
13.1. If any portion of this Agreement is held invalid, illegal or unenforceable by a
court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions will not in any way be affected or impaired. The parties will use their best
efforts to replace the respective provisions of this Agreement with legal terms and conditions
approximating the original intent of the parties.
SECTION XIV. ENTIRE AGREEMENT
14.1. It is understood this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed
or terminated orally. No verbal agreement or conversation with any officer, agent or employee of
COUNTY or TAMUS, either before or after the execution of this Agreement, affects or
modifies any terms or obligations of this Agreement.
SECTION XV. CHOICE OF LAW,
PLACE OF PERFORMANCE AND JURISDICTION
15.1 This Agreement is governed by the laws of the State of Texas.
15.2 Performance of this Agreement is in Brazos County, Texas.
Prepared by Office of General Counsel
9 Brazos County Exposition Complex
Legal Files 2012 - 0030776
08/08112 - TVC
;,;.� '' , : in icr:rl rsl;�;c C?f(icc
1 _iUG'sJi;ZEN'T V OI. (� p l 80
15.3 All suits, actions, claims and causes of action relating to the construction, validity,
performance and enforcement of this Agreement shall be in the courts of Brazos County, Texas.
SECTION XVI. FORCE MA.IEURE
16.1 Neither party shall be liable in damages or have the right to terminate this
Agreement for any delay or default in performing hereunder if such delay or default is caused by
conditions beyond its control including, Acts of God, Government restrictions including wars,
insurrections, natural disasters or other emergencies as declared by Federal, State or County
agencies or departments for use of the Exposition Complex for emergency animal or civilian
housing, and/or any other cause beyond the reasonable control of the party whose performance is
affected.
16.2 if performance of any obligation of either party hereunder is prevented or
rendered impracticable or infeasible as discussed in the preceding paragraph, it is understood and
agreed that there shall be no claim for damages against the obligated party for failure to perform
its obligations under this Agreement.
SECTION XVII. AUTHORITY
17.1. Each party has full power and authority to enter into and perform under this
Agreement, and the person signing this Agreement on behalf of each party has been properly
authorized and empowered to enter into this Agreement. The persons executing this Agreement
represent that they have authorization to sign on behalf of their respective entities.
SECTION XVIII INDEMNIFICATION AND
HOLD HARMLESS PROVISIONS
18.1 To the extent permitted by the Constitution and laws of the State of Texas and
without the waiver of sovereign immunity or any other defense to which the parties may be
Prepared by Office of General Counsel
1 O Brazos County Exposition Complex
Legal Files 2012-0030776
08/08/12 - NC
. � is •:il F'�i' ?tt: C):i'.�;�� � \Y T P
entitled to assert, respectively, TAMUS shall indemnify and hold COUNTY harmless from
liability resulting from the negligent acts or omissions of TAMUS, its students agents, or
employees pertaining to its activities conducted on the premises and the activities to be carried
out pursuant to the obligations of this Agreement, provided, however, that TAMUS shall not
hold COUNTY harmless from claims arising out of the negligence of COUNTY, its officers,
agents, or any person or entity not subject to TAMUS supervision or control.
18.2 To the extent permitted by the Constitution and laws of the State of Texas and
without the waiver of sovereign immunity or any other defense to which the parties may be
entitled to assert, respectively, COUNTY shall indemnify and hold TAMUS harmless from
liability resulting from the negligent acts or omissions of COUNTY, its agents, or employees
pertaining to its activities conducted on the premises and the activities to be carried out pursuant
to the obligations of this Agreement, provided, however, that COUNTY shall not hold TAMUS
harmless from claims arising out of the negligence of TAMUS, it students, officers, agents, or
any person or entity not subject to COUNTY's supervision or control.
18.3 In the event the parties are legally adjudged to have been jointly negligent in
causing injury or damage, each party shall be obligated to satisfy its proportionate share of such
judgment based upon the percentage of liability attributed to it in such judgment. If COUNTY
is adjudged to be liable for the acts or omissions of TAMUS, then COUNTY shall be
indemnified by TAMUS to the extent of such vicarious liability. If TAMUS is adjudged to be
liable for the acts or omissions of COUNTY, then TAMUS shall be indemnified by COUNTY
to the extent of such vicarious liability. Neither Party hereto shall be obligated to indemnify the
other for such other Party's own negligence
Prepared by Office of General Counsel
1 1 Brazos County Exposition Complex
Legal Files 2012 - 0030776
09/08/12 - TVC
t- i {;Cf'],'II;i':i i '} Vol. 6 Pg. P
18.4 The parties understand and acknowledge that TAMUS intends to contract with
others for the purpose of constructing buildings upon the Property subject to the lease herein.
Therefore, TAMUS agrees that, to the extent that it requires any contractor to name TAMUS as
an additional or named insured under a contractor's policy of insurance, it shall also cause the
inclusion of the COUNTY as an additional insured in all agreements entered into with
contractors and subcontractors who shall be engaged by TAMUS for the purpose of furnishing
services or equipment at the premises that are subject to this Agreement.
SECTION XIX. AGREEMENT READ
19.1 Each party acknowledges that it has read, understands, and intends to be bound by
the terms and conditions of this Agreement.
SECTION XX. MISCELLANEOUS
20.1 It is understood and agreed that this Agreement may be executed in a number of
identical counterparts with each deemed an original for all purposes.
20.2 Notwithstanding any other provision of this Agreement to the contrary, the parties
acknowledge that any real property improvements constructed for or on behalf of TAMUS, and
the tenant's leasehold interest in the Property, are held in the name of the Board of Regents of
The Texas A &M University System for the benefit of TAMUS. However, per Section 6.3
documented herein, upon termination or expiration of this Agreement, any permanent
improvements to the Property will revert to COUNTY ownership.
IN WITNESS OF THIS AGREEMENT, COUNTY and TAMUS, through their duly
appointed agents, have executed this Agreement in duplicate originals.
Prepared by Office of General Counsel
12 Brazos County Exposition Complex
Legal Files 2012 - 0030776
OVUM - TVC
1.S {3�f.' Office !
:,rt:T I) VO1. 1 P 1
EXECUTED this the '0_�A S� - day of 2012 by TAMUS.
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM, an agency of the State
of Texas, for the use and benefit of TEXAS A&M
UNIVERSITY
By: c
rain
B. J. r
� q�
Vice President for Finance and Chief
Financial Officer
Texas A&M University
TO FORM:
0
ManAging (566ua�kProperty and Construction
Office of General Counsel
The Texas A&M University System
13
Prepared by Office of General Counsel
Brazos County Exposition Complex
Legal Files 2012-0030776
06/0811 2 - NC
Vol. P9.
EXECUTED this the 71_ day of /�r 2012 by COUNTY.
BIZ COUNTY S
By:
Duane Peters, County Judge
Brazos County, Texas
APPROVED AS TO FORM:
�A F1 11 IT WS F, wi gi—amm
t �.
C ounty •
Braz •
ATTES
Karen McQueen
County Clerk
14
Prepared by Office of General Counsel
Brazos County Exposition Complex
Legal Files 2012 - 0030776
08/08/12 - TVC
E:S:,t;; P /&� .r.r�T
___ � � Vol. pg.
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EXHIBIT A
- COMPLEX SITE
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Mlos COURIT Brazos County Expo Site Plan
EXPO
Leonard Road
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EH- Exhibit Hall NA North Arena EP East Pavilion WA Covered Warm U Arena
BH- Banquet Exhibit Hall SA South Arena WP West Pavilion OA Outdoor Warm-Up Arena
CW-j Covered walkway connecting Exhibit Hall to North Arena RV RV parking spaces
CW-2 Covered walkway connecting North Arena to South Arena P Parking spaces
I
111111111
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O
Jones Road
Exhibit
Vol. p 197
EXHIBIT B
PRACTICE SCHEDULE
Pursuant to Section III of the Agreement, the practice schedule per the documented qualifications
and/or parameters shall be as follows:
Monday afternoons from 1:00 p.m. to 4:00 p.m.
Tuesday afternoons from 12:00 p.m. to 4:15 p.m.
Wednesday afternoons from 12:00 p.m. to 4:00 p.m.
Thursday afternoons from 12:00 p.m. to 4:15 p.m.
Friday afternoons from 12:00 p.m. to 3:00 p.m.
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EXHIBIT C
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EXHIBIT D
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H- i:" TAL DOCUr--iENT
PARKING AGREEMENT
Vol. /6 P /
PARKING AGREEMENT - SHARED PARKING
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS PARKING AGREEMENT is made and entered Into as of the date
signed by the County Judge of Brazos County and is by and between Brazos
County, ("the County"), and the Board of Regents of the Texas A&M University
System ("TAMUS ").
WHEREAS, the County is the owner of unplatted property known as the
"remainder of Brazos County, Texas Called 159.00 Acre Tract, Vol. 4583, page
287, located at within the City of Bryan, Brazos County, Texas (hereinafter
referred to as "Property I ")t
WHEREAS, the County is also the owner of adjacent property known as Lot
2, Block 1, Phase 2A, 3.65 Acres, VOL 8205, Page 9, known as the Brazos County
Expo location and located within the City of Bryan (herein after inferred to as
*property II ");
WHEREAS TAMUS is a tenant of Brazos County at the Brazos County
Expo location;
Whereas, TAMUS contemplates l be shared between the County and parking a TAMUS
on property I, which parking
NOW, THEREFORE, In consideration of the mutual covenants and
agreements set forth herein, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
1. Easement Purpose. The Easement granted by owner, the County, to tenant,
TAMUS, is for the purpose of paddng.
2. Grant of Basement. The easement is granted by the County to TAMUS. The
easement is nonexclusive and irrevocable, but only for so long as the easement is
used for the purpose of parking on Property I.
3. Force and Effect. This Basement shall remain in fu ll force an At such time
as such easement on Property I is used for the purp parking.
that the use of property I is no longer used for purposes of the Easement by tenant
Shared Parldog.4greement
Page I of 3
Exhibit o
_.���
_ T O�CCC P
I dull
.��
lj,)Ci�M'ENT V0 i
..
TAMUS, the easement shall become null and void by its own terms, and the
County shall not be required to file any release, termination or other document to
evidence the termination of this Shared Parking Basement.
4. Maintenance & Liability: No portion of the drives or parking areas on the r
the Property I shall be used for any purpose other than authorized by
Instrument an no fence, barricade or improvement shall be constructed by either
party that would prohibit the use of the parking lot or the Basement purpose.
After completion of construction of the parking lot, tenant shall provide, as
reasonably necessary, maintenance and repair work:. This shall Include any
striping, lot sweeping and landscaping.
Tenant TAMUS shall pay all utilities associated with the parking lot,
Including facility lighting as directed by standard safety practices.
TAMUS and the County agree to maintain liability insurance for the parking
lot as is standard for their own business usage. TAMUS, a self-insured
governmental entity of the State of Texas, represents {hat its maximum tort
responsibility for personal injury and property damage is governed by the Texas
Tort Claims Act, TWUS C M[. PRACTICE & RENMDtBS CODE, Chapter 101, Sections
101.021 -023.
TAMUS agrees, to the extent authorized by the laws of the State of Texas,
to indemnify and hold harmless and defend the County, its officers, agents,
elected officials and employees from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all
expenses of lidgadon, court costs and attorney's fees, for injury to or death of
any person, or damage to any property, or for any breach of contract arising
out of or In connection with this lease agreement and the purposes for which
this Agreement was entered into, including but not limited to property
damage, injuries and death due to the set, omission, mistake, fault, default, or
negligence of the Tenant, its agents, employees, invitees, licensees or guests.
5. No Third party Beneficiary. It is mutually agreed that the intention of the
parties is that this Agreement is for the private benefit of tho parties and their.
respective successors and assigns and shall be strictly limited to and for the
purposes herein expressed.
Shared Parking Agreement
Page 2 of 3
Exhibit a
A; - n Real 1 ?state Of_sce
1 . .. C- IAL �o Q C ,,1EN11 T Vol. 1 P !!
6. Covenants Running with The L, and. The rights and obligations contained in this
Agreement and the terms and condition hereof shall be deemed to be covenants
running with the land and binding upon the parties and their respective successors
and assigns.
Brazos County
Randy S' s, County Judge
Date: It
The Board of Regents of the
Texas A&M University System
Phillip A Ray
University coptracts fficer
Date: _10 • I l k I
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acimowledged before me by Brazos County Judge
Randy Sims on behalf of Brazos County this __3gj _ day of _ lal Ahtr , 2009.
State
STATE OF TEXAS
COUNTY OF BRAZOS
This Instrument was acknowledged before me by Phillip A. Ray, University
Contracts Officer on behalf of TAMUS
this day of 2009.
& 1'�P1w�1'1
Notary Public, State of Texas
LOW W NERVISH
Ny EaMdnbn (1081
may to rote
APPROVED COPY FOR YOUR FILES
From: Dabble L. Lockledge
Dale: l 1 (tt t
Shared Parking .4greement
Page 3 of 3
ExhibitO
�-- Lena
� �� , ���� Na� l' ��: ;�. = UZ6i. \.l:i� ?'i �.� � ♦0�. `C � p l {
,. fit r
V. Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHON (979) 3614290 FAX (979) 3614293
Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent
Tiffany West, Buyer
August 28, 2012
DeLucia Mail Service
2021 S Texas Phone: 979 -779 -6245
Bryan, Texas 77801 Email:
Attn; Scott Delucia
Re: Exiemion of CoWrad for Mad Ser"s
Brazos County appreciates the quality work your company has. provided and would like to exercise an extension
option for Meff S&Wees CoWmc1 All terms, conditions, and pricing shall remain the same. This extension will
start Aueruf I5 2012 (hrop>th UH16MAR 30.2012
To accept the extension option, please fill out the information and sip below. Mum the signed documents by
email to Iwitliams@co.brazos.tx.us or fax to (979) 3614293. Please then submit the original signed documents and
an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as sea" as
possible. If you have any questions, I may be reached at (979) 361 -4294.
Contact Name: ✓ m-'e L V �/ ' Telephone: f - 7 2 26?- - ; ( d— �
&Mail• �I WYA � 1 '� � Fax:
DELUCIA MAIL SERVICE
An orized Signature Date
Q
Duane Peters, County .fudge Date
T /T '3DHd Vol. -Q-�—Pg- /q,,,5 K V £0:60 ZTOZ'6Z'bnV
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent Tiffany West, Sr. Buyer
Leslie Williams, Senior Buyer Gail Davis, Buyer
August 23, 2012
Brenco Marketing
P.O. Box 3819
Bryan, TX 77805 -3819
Phone: 979 - 260 -3835 ext. 13
Fax: 979- 691 -8588
Email: don @brencomarketing.com
Attn: Don Broach
Re: Renewal of Contract for Fuel with Brazos County
Brazos County would like to exercise the renewal option for the Fuel Contract — Texas A &M Master Agreement #
M200207. All terms, conditions, and pricing shall remain the same. This renewal is number two (3) of a four (4)
year option as provided for in the original Master Agreement M000341.
To accept the renewal option, please fill out the information and sign below. Return this letter by email to
Iwilliams(4brazoscountytx.sov or fax to (979) 3614293 and submit an original and an updated Certificate of
Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be
issued to continue the agreement from October 1, 2012 through September 30, 2013. Please return acceptance as
soon as possible. If you have any questions, I may be reached at (979) 361 -4291.
Contact Name: ]r;�O� �.4AG 44 Telephone: —/ W :?Z 5 9 5
BRENCO MARKETING
Donald Broach
'BIOS C TY
Duane Peters, County Judge
'23
Date
9 — �
Date
Vol. /6 Pg . 19
Fran:
0812812012 06:45 1748 P.001/002
ID Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77503
PHONE (979) 361 -4290 FAX (979) 361-4293
Charles Wetsd4 Purebasiog Agent Tiffany West' Senior Buyer
L•esiie W illiams, Ant Purchasing Agent Gall Davis, sayer
August 15, 2012
Highway Technologies Phone: 512- 990 -9525
12909 Dam Road Fax:
Austin, TX 75754 Email: 'I mrJarmsowy- tech:eom
Attn: Tim Jaram
Re: Reaewa/ of CoxVad for Lane SW#Aff and Pavement Markets – 2013 -09R ,
Btsaos Cotmty would like to exercise the renewal option for Lace Slrip/xg mrd Pow scent Markers – 2013 -MA
previously known as Bid #s 2012 -03R, 2011 -02R, 2010-02R and 2009 -03 for the Road and Bridge Department. All
terms, conditions, and pricing shall remain the same.
To accept the renewal option, please 511 out the information and sign below. Return this letter by email' to
hdUixms@brszoscouwytx.gpv or fax to (979) 3614293 and submit an original and an updated Certificate of
bosmnce by mail to the address listed above. Upon receipt of signed document, a new Contract number will be
issued to continue the agreement from October 15, 2012 to October 14, 2013. Place rvturn aeeepeanee as soon as
possible. If you bane say questions, l mary�
bee reached at (979) 361-4294.' (' q
Contact Name: in !�" h �'� Telephone;
E- fail:)v hIL119 ►Iwy 'd �. t'ra•n Fax. .5 `9 , o —0
Highway Tachnologies
signature
B s co
Thane Peters, County Judge
tx 30z7
Vol I Pg. f T7
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Vol. P9'
MCCREARY, VESELKA, BRAGG & ALLEN, P.C.
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
THIS CONTRACT is made and entered into by and between The County of Brazos,
Texas (The County), acting herein by and through its governing body, and McCreary,
Veselka, Bragg and Allen, P.C. (The Firm), 700 Jeffrey Way, Suite 100, P.O. Box 1269,
Round Rock, Texas 78680.
L
The County agrees to employ and does hereby employ MVBA to enforce by lawsuit or
otherwise the collection of all delinquent taxes, penalty and interest owing to all of the taxing
units for which The County collects property taxes except the Bryan ISD. Current year taxes
which become delinquent within the period of this Contract shall become subject to the terms of
this Contract upon the following conditions:
A. Taxes on real property that become delinquent during the term of this Contract, that
are not delinquent for any prior years, become subject to the terms of this !Contract on
July I' of the year in which they become delinquent.
B. Taxes on tangible personal property that becomes delinquent during the term of this
Contract become subject to the terms of this Contract if not paid within sixty days of
the date on which the taxes become delinquent.
C. Not withstanding A and B above, taxes on tangible personal property and real
property that become delinquent during the term of this Contract that are also
delinquent for prior tax years and is the subject of a lawsuit to collect the prior years
delinquent taxes, shall become subject to its terms on the first day of delinquency as
defined by the Texas Property Tax Code.
II.
The County agrees to furnish all necessary delinquent tax information to The 'Firm on all
property within the boundaries of The County. The County shall provide The Firm a computer
file of all delinquent taxes each quarter of the year. The County hereby authorizes The Firm to
determine the name, identity and location of necessary parties and to procure necessary legal
descriptions of property and hereby assigns to The Firm the right to recover the costs of
obtaining such information.
www.mvbalaw.com Pagel d 4
Vol. — pg.
III.
The Firm agrees to mail the tax notices required by Sections 33.07, 33.08, and 33.11 of
the Texas Property Tax Code at no charge provided that The County timely! 'furnishes
electronically the delinquent tax information to The Firm.
IV.
The County shall provide Office Space in the County Tax Office to accommodate two (2)
employees of The Firm and system access for The Firm's two (2) computer terminals and a
printer.
V.
The Firm is to advise The County of errors, double assessments or other discrepancies
coming under observation during the progress of the work.
VI.
The Firm is to intervene on behalf of The County in all suits for ad valorem taxes
hereafter filed by any other taxing unit on property located within its boundaries.
VII.
The Firm agrees to make written delinquent tax collection progress reports to
The County quarterly or upon request.
VIII.
The annual goal for total delinquent collection of the outstanding balance as of
September 1 for each of the four taxing jurisdictions is established: for Brazos County a
collection goal of thirty -nine percent (39 %), City of Bryan a collection goal of thirty -seven
percent (37 %), City of College Station a collection goal of forty -seven percent (47 %) and
College Station Independent School District a collection goal of forty -eight (48 %). The
percentage collection goal shall be calculated using September 1 Delinquent Balance as
compared to the following August 31 Delinquent Balance. The data used will be that shown on
the monthly reports of the Brazos County Tax Office. If a goal is not met or exceeded, The
Firm shall pay a penalty to The County in the amount of six thousand ($6,000); the City of
Bryan in the amount of four thousand ($4,000), the City of College Station in the amount of two
thousand five hundred ($2,500) or to the College Station Independent School Dl, strict in the
amount of nine thousand ($9,000).
Page 2 of 4
www.mvbalaw.com j / 0 (--) Vol. / ( 2 Pg.
IX.
The County agrees to pay The Firm, for services rendered, fifteen percent (15 %) of all
delinquent taxes, penalty and interest collected by The County for itself and all the taxing units
for which it collects except for the Bryan Independent School District, for years covered by this
contract. The penalty imposed pursuant to Sections 33.07, 33.08, and 33.11 of the Property Tax
Code is not subject to this contractual fee. The County shall pay fees due The Firm monthly by
check.
X.
The Firm agrees to include with its tax lien foreclosures, upon request, for the Cities of
Bryan and College Station, any other city liens which are assessed against the same!, properties.
An additional title research fee of twenty -five dollars ($25.00) shall be charged against these
properties to be collected as court costs and paid to The Firm.
Q
The Firm agrees to pay in the month of July all the taxes, penalties and interest on those
accounts on which the total due is one dollar ($1.00) or less.
XII.
The Firm shall represent the College Station ISD in any necessary appeal of the annual
Property Value Study conducted by the Texas Comptroller of Public Accounts at no cost to the
school district.
XIII.
The Firm shall and does hereby agree to indemnify and hold harmless The County, its
officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by
reason of injury to property or third persons occasioned by any error, omission or negligent act
of The Firm, its officers, agents, employees, invitees, and other persons for whom'it is legally
liable, with regard to the performance of this Contract, and The Firm will, at its cost and
expense, defend and protect The County against any and all such claims and demands.
www.mvbalaw.com / Page 3 of 4
Vol. 1 (0 �° Pg. °�Q
XIV.
This contract is drawn to cover a period beginning October 1, 2012, and ending September
30, 2014, with an option for The County to renew for two additional years. During and
following the contract period each party shall have the right to terminate this contract by giving
at least thirty (30) days written notice of such intention. If no contract is in effect at the end of a
two year term this contract will continue until terminated by either party giving at (least thirty
(30) days written notice; provided however, that The Firm shall have an additional six (6)
months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy
claims filed prior to the date of termination and shall have the exclusive right to compensation of
fees earned due to these suits during this six (6) month period. In consideration of the terms and
compensation herein stated, The Firm hereby accepts said employment and undertakes the
performance of this contract as above written.
XV.
The Firm fully incorporates into this contract all terms and conditions presented to
The County in its "Proposal for the Collection of Delinquent Property Taxes" on May 25, 2006.
XVI.
This contract is executed on behalf of The County by the presiding o icer of its
governing body who is authorized to execute this instrument by order heretofore passed and duly
recorded in its minutes.
WITNE S the signatures of all parties hereto in duplicate originals this the day
of S W4M Dt , A.D. 2012, Brazos County, Texas.
THE COUNTY OF BRAZOS, TEXAS
BY
County Judge
McCREARY, VESELKA, BRAGG & ALLEN, P.C.
Attorneys at Law
700 Jeffrey Way, Suite 100
P.O. Box 1269
Round Rock, Texas 78680
800- 369 -9000 ,
BY
Shelburne J. Veselka
www.mvbalaw.com G c;� Page 4 d 4
Vol. d Pg.
ACOR4 CERTIFICATE OF LIABILITY INSURANCE
THIS - CERTIFICATE IS- ISSUED•AS-A- MATTER•OF INFORMATION ONLY AND- CONFERS NO RIGHTS UPON - THE - CERTIFICATE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).,
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the poiicy(les) must be endorsed. If SUBROGATION IS WJ
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not
certificate holder in lieu of such endorsement(s). CONTACT
PRODUCER NAME: Guy Johnson CIC ACSR
Whorton Insurance Services , . 512.338.1191 Arc l
11200 lollyville Rd. ADDRESS: GuyJ@whortonins.com
Austin, TX 78759 INSURER(S) AFFORDING COVERAGE
INSURER A : Maryland Casualty Company
INSURED McCreary, Vesel a, Bragg dr Al en PC NSURER8: Northern Insurance Co NY F
P 0 Box 1269 INSURERC: Texas Mutual Insurance Con
Round Rock, TX 78680 INSURER D: Travelers Insurance Compar
DATE (MMIDDIYYYYI — -- -
01/31/2012
IL-DER—T-HIS - --
POLICIES
rHORIZED
ED, subject to
nfer rights to the
512.338.1196
NAIC 11
19356
19372
I INSURER F:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE
I 1
COVERAGES CERTIFICATE NUMBER: 12/13 Master Incl Prof
REVISION NUMBER:
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
PERIOD
TO WHICH THIS
THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AUTHORIZED REPRESENTATIVE
LTR TYPE OF INSURANCE N POLICY NUMBER MM MMID
GENERAL LIABILITY PAS3761485 02/01/2012 02101/2013
UMI
EACHOCCURRENCE
- DAIWAUE70 - REN
Is
1, 000,00 01
s
1, 000, 00
- -I
I COMMERCIAL GENERAL LIABILITY
I ED
PREMISES EA 00maence
S
10,
CLAIMS -MADE X OCCUR
MED EXP (My one person)
S
1,000,
A X
PERSONAL a ADV INJURY
S
2, 000 00
GENERAL AGGREGATE
GEML AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
S
2,000,00
$
X POLICY PRO- LOC
AUTOMOBILE LIABILITY
SBS4159472
02/01/2012
02101/2013
mil
Ee Acadm,
s
1,000,00
BODILY INJURY (Per person)
S
B
ALLOVJNED SCHEDULED
IX ANY AUTO
HIRED AUTOS X NON -OMED
AUTOS
BODILY INJURY (Per,aide
S
Par accident)
S
X
UMBRELLA LIAR
X
OCCUR
PAS3761485
02f01/2012
02101/2013
EACH OCCURRENCE
S
4, 000, 00
AGGREGATE
s
4, 000, 00
A
EXCESS UAB
CLAIMS -MADE
DD I X I RETENTION s
S
WORKERS COMPENSATION
TSF000116S274
02/01/2012
02101/2013
X ToRYUMITS ER
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AND EMPLOYERS' LIABILITY Y IN
ANY PROPRIETORIPARTNERIEXECUTTV�
OFFICERIMEMBER EXCLUDED?
(Mendatory In NH)
K desvlbe under
DESCRIPTION OF OPERATIONS below
NI
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$
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EL DISEASE - EA EMPLOYEE
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1 , 000, 00
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$
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D
Lawyers Prof Liab Claims
ade
10552000
10/31/2011
10/3112012
$2,000,000
$2,000,0001All
Each Claim
Claims
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attadh ACORD 111, Additnd Remarks Solw& N, U mom spec@ Is required)
'he General Liability policy includes a blanket automatic additional insured endorsement that provides
Idditional insured status to the certificate holder only when there is a written contract between the
lamed insured and the certifciate holder that requires such status.
-- - rAlJrel I ATIr1N
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Vol. Pg. �---
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Jim Whorton GEJ
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Vol. Pg. �---
Brazos .County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 4293
Charles Wendt, Purchasing Agent Tiffany West, Senior Buyer
Leslie Williams, Asst. Purchasing Agent Gail Davis, Buyer
August 15 2012
Howell Service Corp. Phone: 979- 823 -1775.
11990 Old Welborn Rd. Fax:
College Station, TX 77845 Email:
Attn: David Klabunde
Re: Renewal of Contraci jor Furniture Cleaning — 2013 -04R
Brazos County would like to exercise the renewal option for Furniture Cleaning — 2013 -04R, for he Brazos
County. All terms, conditions, and pricing shall remain the same. 'Term of the renewal will be from ctober 15,
2012 to October 14, 2013 .
To accept the renewal option, please fill out the information and sign below. Return this letter b email to
iwilliams@bmzoscountytx.gov or fax to (979) 36.1 -4293 and submit an original and an updated C rtificate of
Insurance by mail to the address listed above. Please return acceptance as soon as possible. If yo have any
questions; I may be reached at.(979)•361 -4294.
Contact Name: j\ 0x u i` �� d (� Telephone: Cl 7 Cf
I
I
E -Mail: 1 ;� �w� e.�vei [ t vrp- to 4,14 Fax: et 1`i' ' S Srsw �( T—
HOWELL SERVICE CORP
Signature Date
RAZO Y
Duane Peters, County Judge
VoL Pg.
F C eaning ervtCe -
Tabulation Renewal
October 1, 2012- September 30, 2013
Item
I Estimated I Al I Total per I DRW Janitorial I Total per I Howell Se
Quantity Professional item Service item Corp.
Total per
item
Desk (any size)
44
$14.00
$616.00
$8.00
$352.00
$8.00
$352.00
Shelves (any size)
30
$8.00
$240.00
$8.00
$240.00
$6.00
$180.00
Chairs (fabric)
166
$11.00
$1,826.00
$16.00
$2,656.00
$8.00
$1,328.00
Chairs (leather)
17
1$7.00
$119.00
$8.00
$136.00
$5.00
$85.00
Miscellaneous small
furniture
5
$6.00
$30.00
$4.00
$20.00
$4.00
$20.00
Miscellaneous large
furniture
1
$10.00
$10.00
$10.00
$10.00
$8.00
1 $8.00
Filing Cabinets
42
$18.00
$756.00
$8.00
$336.00
$4.00
$168.00
Trash cans
10
$3.00
$30.00
$0.25
$2.50
$2.00
$20.00
Books
400
$3.50
$1,400.00
$0.25
$100.00
$0.50
$200.00
Trip Charge
$0.00
$0.00
$25.00
$25.00
$25.00
$25.00
Total
1 $5,027.00
$3,285.50
$2,386.00
RECOMMEND AWARD TO: Howell Service Corporation
Approved by Com sione ffs Court on this day of 2012 by
holding the position of
Vol. ` pg• °, 0-5
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: September 4, 2012
ITEM:
in
12085 Hopes Creek Road). Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION: See attached back -up material.
REOUIREMENTS:
• No work will be permitted between front slope and/or back slope.
• No work shall be done within 3' of driveway culverts measured from outside culvert walls.
• All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists,
the installation(s) shall be]) within 3 -5' of and parallel to the right -of -way line and/or, 2) in the case of a road bore,
perpendicular to the right-of-way line.
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to
remove all cleared brush, trees etc. from county right-of- -way.
• All disturbed areas shall be compacted in 8" lifts to 90% density ASTM -Test Method No. D -69 ; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished o the office of
the Brazos County Engineer.
• All disturbed areas will be seeded after completion of grading.
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for
Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws
governing utility construction.
• Notification 48 hours prior to beginning work to meet will inspector from Brazos County at Project site.
• Verizon facilities installation work in County Right of Way shall not begin prior to Commissioners Court
approval (or denial) September 4, 2012.
SUB ED BY: 4P.E. R. Alan Munge
County Engineer
CC2012 -036
APPROVED BY:
Commisgioner Lloyd Wassermann
Precinct I
This Reque is Approved , or Denied 0,
Da :j
Duane Peters, County Judge
by Commissioners' Court
veriLn
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
Aug. 28, 2012
GARY ARNOLD
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. ARNOLD:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are From ED -135 and a work location sketch showing the loca
proposed buried drop line and bore on county roads in Brazos County at
Station, Texas.
This work is to be completed on Work Order 5416 - 12120383 which is schec
8/31/2012. If you have any questions concerning this work, please contact
office in Bryan, telephone 979 - 821 -4770 within 15 days so that we may exI
modify our proposal, otherwise, it is understood that this proposal is appro%
Sincerely,
,C(.4. Va�dwL
BRENDA VAJDAK
Supervisor — Network Engineer
�? A'
JS:ec
Attachment
of our
liege
sled for
ie at our
ain of
Vol.
1 & 0 p °207
VERIZON COMMUNICATION Notice of
Line Installation
DATE 08/28/2012
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will con;
a communication line within the right -of -way of a County Road in
County, Texas as follows:
ct
Beginning at a point approximately 2630" south of the junction of Trotte Ln
and Hopes Creek Road, Verizon will bury a service drop line north at 3' wit in the
west right of way of Hopes Creek Road for 70'. Then a 2" bore will be made east
across Hopes Creek Rd to the south property corner of 12085 Hopes Creek
Road.
The location and description of this line and associated appurtenances i
more fully shown by three (3) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right -of -way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporatec
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after 8/31/2012.
VERIZON COMMUNICATIONS
Brenda Vajdak
Supervisor - Network Engineer
301 Industrial Blvd
Bryan, TX 77803
vol- __L � P g' — a
12085 Hopes Creek Road, College Station, TX - Google Maps Page I of 1
Address 12085 Hopes Creek Rd
Go 1 jo College Station, TX 77845
16
'rA
C2012 Google - Map data C2012
Vol. P
http://maps.google.com/maps ?q =1208 5+ Hopes+ Creek +Road, +College +Station, +TX& sl l =3 0.549609,-96.... 8/28/2012
1
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C2012 Google - Map data C2012
Vol. P
http://maps.google.com/maps ?q =1208 5+ Hopes+ Creek +Road, +College +Station, +TX& sl l =3 0.549609,-96.... 8/28/2012
1
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NOTE AREA
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STATE TX
DIVISION: SOUTHWEST
EXCH.: 5416
REM. CO.: 007
KILOVOLTS
W.C.: 6900 IWO
NO.: RECORDS
ICON
NUMBER:
TITLE NOTIFICATION
I TAX
DST.:
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FIMMY V OL AGE
TWP:
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DATE: 08/28/12
I REV. DATE:
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c: \dgn \6900 \RECORDS \wp3.dgn 8/28/2012 4:11a PM� J�_ pg. ® / J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11/12 45.1 — 45.5
On this the 4th day of September 2012 at a regular meeting of the Commissioners' Court, � he following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, 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 4th day of September 2012 the Court heard and approved a budget
amendment for the 2011 -2012 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 20 September 2011, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s
ADOPTED AND APPROVED this the 4th day of September 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: _
Duane Peters, 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. I b Pg. e-,-2!/
_
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 1 1/12- 45.1
9/4/2012
FUND
DIV
ACCT..
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31010000
71500600
CR
Rental - E ui inent
7,000.00
0100
31000200
67056006
DR
Appliances
4
0100
31000200
67286000
-DR
Equipment-Other
3
000.00
TYC Parole and Juvenile Detention
Reallocation of funds to purchase a stand up freezer and a ill counter for Juvenile Detention_
I tll .:M1yvf • ''St.i..:. aT..
.� .�ili_ —_ ___T t- ^i�S,r �_ —� 1 _' . •':� •r� _ ^ti ? r `,�� -)F�
a•` : >. s > z' De ° 'artinenEA 'royal:. c' 8- ;' 4
By
,s4 - _>.: P, _ _
"r5' ^YS: �.. �..y
Date: _ .,.._._•a �:
Vol,: �' pg. a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 45.2
914/2012
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
22600100
61500000
CR
Printing
31.00
0100
22600100
65450000
DR
Office Equipment Maint.
31.00
Associate Judge #1 - Judge Zachary
Reallocation of funds to purchase speakers for computers for court recordings.
Al
, '''° nnin'
:Date:' :,:,' 8"
Vol.
Pg. /13
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/1 - 46.3
914/2012
FUND
DIV.
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31000100
59
CR
DDEA
610.00
0100
31000200
65150000
DR
Computer Maintenance
610.00
Juvenile
Services and Juvenile Detention
Reallocation of funds to purchase licenses and tw year software upgrade for recently purchased cameras in detention
school area.
Riipirid Igyt',,- 'n
-8/2912012;
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BRAZOS:COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 45.4
9/4/2012
FUND
DIV
-'ACCT.-
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
21002000
53300060'
CR
Employee Health Insurance
5.00
0100
21002000
52700000
DR
Election Workers
5.00
County Clerk Election
Workers
Reallocation of funds to cover pa outs to Election Workers.
!' 18
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F
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 45.5
9/4/2012
FUND
DIV
.'ACCT
" PROJ
DR/CR
ACCOUNT NAME
Incri
ase
Decrease
0100
14000100
67203000" `'
CR
Minor Computer Hardware
9,000.00
0100
14000100
80203000
DR
Capital -Computer- Hardware
,000.00
Information Technolo
Reallocation of funds to purchase a replacement large scanner in the District Clerk's Office.
Prepared By y i
Vo1. w Pg. e W
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 04, 2012
Department Submitting Information: Human Resources
Pu of Submissions: Consider and Take Action on Chanqe Requests
Department Submitting
Reauest(s)
Constable Pct. 1
Employee Request
Applies To
Action Reauested
Campbell, Johnny Promotion
Huet, Robert New Hire
Reeves, Jeff Cell Allow,
District Attorney
Calvert, Ryan New Hi
Johse, Michael New Hi
Expo
Hutton, James
Ward, Calvin
New
Termination
Road & Bridge
Arrellano, Cesar
Carlisle, Kevin
Cuevas, Edward
Ramon, Christopher
Rector, Trapper
Resigns ion
Termina ion
Transfer w /in Dept.
Transfer w /in Dept.
Transfer w /in Dept.
S.O. Jail rz-em0 ✓e cAP Sifuentes, Nancy
New Hir
Approved in Commissioners' Court: Se to er 0'4 1 .
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 1 6 � pg. o217
i1
Brazos County Purchasing Department
Weekly Update
8/24/12 — 8/30/12
Number of PO's Processed: 103
Requisitions Completed: 1
Capital Payments: 4
Projects In Progress
Construction
Courthouse:
Phase III
- Currently working on detention area on l floor
o Floor finishes and painting
- Currently working on mechanical yard in courtyard area
o Installing Chillers and generator
- Elevator in progress
• Pouring slab in basement
• Installing framework
Bids/ RFP's/ RFQ's
RFQ for MPO
- Evaluation Respon
RFQ for Surveyor
- Evaluating Respon
RFQ for Tax Office Architect
- Evaluation Respon
Poly Jute
-Dept. reviewing spy
Inmate Telephone Services
- Evaluating Respon
Employee Insurance
- Evaluating response
Janitorial and Cleaning Supplies
-Specs in Progress
Mail Services
- Extension to Court
Collection of Fines and Fees
Adv. 8/31 and 9/7
Road Signs and Sign Posts
-Specs in Progress
Renewals
Delinquent Property Tax
-Court 9/4
Furniture Cleaning Contract
-Court 9/4
Lane Striping
-Court 9/4
Culverts
-Court 9/11
Seal Coat
-Court 9/11
Indigent Juvenile Defense
-In Progress
Vol. L (p k p c �?._ I
Solicitation of Quotes
Benches for Magistrate Courtroom -Court Approval 7
A/V for Magistrate Courtroom - Solicitation in pro
Other
Auction
- Online Auction closes September 7
Purchasing Policy
Assets Reviewing and revising policy
- Period 14 Reconciled
Print Management
- 3 month printing analysis is complete. Results to follow.
Roof Replacement
Working on proposal to write specifications
Appliance Policy
Versions in progress for Court review
Currently under review by Auditor's office
Radios for Bailiffs
- Currently working on scope
ACKNOWLEDGED
Z4:2 �1 4117 ,
Duane Peters Date
County Judge
VOI.- / 6 6 P9. c2 � IL