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HomeMy WebLinkAbout2013-12-03-10:00AM-REGULAR MEETINGe BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA ' "'3 ►1 21 P ?� BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 3, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 rk;_: 'y'14. y Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -11: 91 Increase the Marketing & Saias Manager - Outside Class Code 0851 Position 1 Group 22 Step B to Group 22 Step 14 Pay Code 013 q Parmisalon to destroy two hundred thlrteen (213) hard drives end one (1) extemal hard drive 5 Agreement wfth Ballev Concessions for the Operation and Malmenance of the Brazos County Exposhlon Complex Concession. 6 Approval of addendum 91 tar Soo 92011-51 Graphics that was awarded to CC Creations 7. Tax Refund Applications for the following, • a. Thomas & Martha Dunn- overpayment- $384.72 b. Joe C Fazzlno- overpayment - $280.09 • c First Victoria Bank - overpayment- $657.41 d First Vlgtona Bankoverpayment- 51126.12 e. Flrst Victoria Bank - overpayment- 5161.05 Vol. 7 • f. Rrst Vietorla Bank- overpaymenf- 812056.94 • g Michael C. L12yd- overpayment - $16.64 • h Eric & Samantha Payton - overpayment- $25.17 • l Terry & Kathleen Smith- overpayment -111 27 • I Shelley $tanclk- overpayment -$23 40 8. Budget Amendments. Budget Amendments FY 13114 9.1 thru 9.3 9. Oaohal re..uisltion #00045403 to Texas Communications In the amount of $7,306M to Purchase two 521 mobile radios. 10. Personnel Change of Status. Personnel Action Forms 11. Payment of Claims. 12. Acknowledgement of monthly reports submitted in November 2013 13. Sheriffs report on inmate population. 14. Announcement of interest items and possible future agenda topics. 15. Call for Citizen input and/or concerns. 16. Adjourn. P9• ,4 - PUBLIC COMMENTS Pubic Comment during the Commiselon Meeting may be for all matters, both on end off the agenda and he limbed to four minutes par person. Persons we Invited to submit comments In writing on the agenda hems and/or stand anti make comment at the Commiemon meeting. Members of the public are reminded that the BreZda County Comm11310nere Court 'a a Camtltutbnel Coun, wpb both pd da and agidafive poems, created under Article V. Section 1 and Section 18 of the Texas Corstmibm. As a Conetnutional Coun the Brams Cdunty Commisioners Court also possesses the pcvver to issue a Contempt of Court Croton under Secton 81.024 d the Taxes :acal Goro mnarn Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall condom themselves with proper M4 0M and decorum in speaking m, and/or adtlressing the Court; in participating in public discussions before the Court; and in all actiorts in the prseeroe of the Court. Thane members of the pubic who are inappropriately erlired andor who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Rahmal to abide by the Court's Order ard/pr continued disruption of the meeting may result in a Cdrdempl of Court ChAWn. if is rot the inswition ot the Brazos County Commossionew Court to provide a publo forum for ins demeaning of any Irxgvidual or group. Norther is It the intention of to Court to albw a member (or members) of the public to inch the honesty anti integrity of the Court, se a body, or any member or members of the CorC or County wrooyees, individually or cofleotivsly. Accordingly, profane, insulting or threatening language directed toward the Court ardor any perecn in the Court's presence andor medal, ethnic or gentler &lure or epithets will not be tolerated Vlnrtion o1 these win may result in the following senctiors: 1. cancellation of a speakers time; 2. removal from the Commiselomns Court; 3. a Contempt Citation; and/or 4. such other arldyor criminal serx:ticm IS may be authorized under the Constitution, Statutes and Codas of the Stec of Texas. The Comfy Commissioners Court can oeiberate or new action only If a mater has been listed on an agenda properly posted prior to the meeting. During the public: comment period, speakers may address maffers not listed on the published agenda The Open Meeting Law does not expressly prohidt respomes to public comments by the Commissioners Court. Ffowever, responses from the County Judge or Commasbners to unlisted pubic comment topics could become deliberation on a nurser without notice to the pudic To enure the pudic has notice of all matters the Commissioners Con will consider, the County Judge and/or Commissioners may choose not to respond to pudic commons, axcopt to canact tactual Immuni reds existing policy in response to m inquiry art to ask that a matter be fisted on a tutee agenda See Texas Open Meetings Ad 7 551.D42, INVOCATION Any invocation that may be offered before the otrdel stett of the Court meeting shall be to and for the benefit of the Court. The views or bafias expressed by one invocation speaker have not boon previously reviewed or approved by the Court end do nor necessarily represartt 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 inyorailon and such decision will have no impart on their right to actively participate In the busine® of the Cms1. The Comm'sdtmot Courbcom of the County Administration Building. 200 South Texas Am., Sure 186, Bryan, TX 778133 Is wheeldro r aomssible. Handicap paring speeea are available. Any request for sign mtarpretive services must be made two working days before the meeting, To make arrangements, please call (979) 361 -41M Vol. / %� Pg. BRAZOSCOUNTY BRYAN,TEXAS 0 101111111110:10 December 3, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 0 Signature Paae.pdf IJ* File Stamped Aaenda.pdf 0 Sian in sheet.pdf 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, December 3, 2013 with the following members of the Court present: Duane Peters, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Presiding; 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 - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 11: Vol. / U Pg.i:_ Request for approval from the HOT Fund to increase the following position with effective date as of January 4, 2014. This will increase the salary budget for the remainder of FY 14 in the amount of $7,419.00. 0 Item 3.odf Increase the Marketing & Sales Manager - Outside, Class Code 0851 Position 1, Group 22 Step 8 to Group 22 Step 14, Pay Code 013 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters . 4. Permission to destroy two hundred thirteen (213) hard drives and one (1) external hard drive. D Item 4.Dd f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann. Members Absent: Peters. Agreement with Bailey Concessions for the Operation and Maintenance of the Brazos County Exposition Complex Concession. LD Item 5.1)df The term of the contract is for twelve (12) months with two (2) one -year options to renew. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 6. Approval of addendum #1 for SOO #2013 -51 Graphics that was awarded to CC Creations. 0 Item 6.odf A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 7. Tax Refund Applications for the following: 19 Item 7.odf • a. Thomas & Martha Dunn - overpayment - $384.72 • b. Joe C. Fazzino- overpayment - $280.09 • c. First Victoria Bank- overpayment - $657.41 • d. First Victoria Bank - overpayment - $1126.12 • e. First Victoria Bank - overpayment - $181.05 • f. First Victoria Bank- overpayment - $12058.94 • g. Michael C. Lloyd- overpayment - $18.64 • h. Eric & Samantha Payton- overpayment - $25.17 • i. Terry & Kathleen Smith - overpayment - $11.27 • j. Shelley Stancik- overpayment - $23.40 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Vol. Z /� pg. .5� Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann. Members Absent: Peters. 8. Budget Amendments. Budget Amendments FY 13/14 9.1 thru 9.3 Item 8.pdf 9.1 Reallocate funds County Extension Service 9.2 OAG Vine Program to record reduction in grant funds awarded 9.3 Reallocation of funds for Capital Projects Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Wassermann . Members Absent: Peters . 9. Capital requisition #00045403 to Texas Communications in the amount of $7,306.90 to purchase two (2) mobile radios. 1 -1 Item 9.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 10. Personnel Change of Status. Personnel Action Forms 0- Item 10.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard . Wassermann . Members Absent: Peters . 11. Payment of Claims. 0 Claims Sheet.odf ID BILL LIST 12.03.13.pdf 7116637 through 7116778 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann. Members Absent: Peters. 12. Acknowledgement of monthly reports submitted in November 2013. The Court acknowledged receipt of the Extension Service reports received in November 2013 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk 13. Sheriff's Report on inmate population. Wayne Dicky, Jail Administrator stated there were 578 inmates in jail, 37 have electronic monitors and 12 are pending for monitors. V =Pg---,- 14. Announcement of interest items and possible future agenda topics. There were no announcements. 15. Call for Citizen input and /or concerns. There was no citizen's input. 16. Adjourn. Vol. / % A Pg.--7 The foregoing minutes of the Commissioners Court meeting held December 3, 2013 have been examined and are approved in open Court this day of 2014, in Bryan, Brazos County, Texas. County Judge -dw;;7- //' AF ammy C ena Commissioner, Precinct 2 Irma Cauley �--� Commissioner, Precinct 4 Attest: Karen McQ eM� County Clerk Vol / 912 Page P. Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 COMMISSIONERS COURT MEETING Name Nov �IL4/ Date and Time I- / � y 11111F 1, FWA Organization/ Department i s' z.r. �/z -chS rj Vol. / r�), Pg._7 Page —4— of COMMISSIONERS COURT MEETING d--6 1-3 l .' � G Date and Time Name Organization/ Department j�ulu� Page *7 of Vol. Pg.� __ m m e Q IQs �i 0 5 I 6 8 R 8 w 8 8 0 b 8 8 R � S 3 w � � a P P m m O O N N. a 3E s v � 5 e � �A r m 5 � � � W a m m e Q IQs �i 0 5 I 6 8 R 8 w 8 8 0 b 8 8 R � S 3 w � � a P P m m O O N N. f a 9 O a F4 a� v A Vol. a N e 3 g LL m G s s � 5 e � a a8 � m m .E E iS � S 2 f a 9 O a F4 a� v A Vol. a N e 3 g LL m 5 Agreement for the Operation and Maintenance of 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 finds Bailey Concessions meets the criteria set forth in TEX. LOCAL GOVT CODE ANN. §262.024; and, WHEREAS, the principal purpose of County in entering into this Agreement is to serve the public by providing concession service, 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 C:\ Users \bae4626\AppData \LocalWicrosoft \Windows \Temporary Internet Files\ Content .Outlook \VEGYEOPT\Concesslons Agreement 2014.doc Page 1 Vol. / % pg. �,_ 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, 2014, with two (2) one -year options to renew. Both parties must provide written notice to the other at least thirty (30) 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 of the County by the County Judge or his delegate authorized to enter into the Agreement. C:\ Users \bae4626\AppData \Local\Mlcrosoft \Windows \Temporary Internet FileslContent .Outlook \VEGYEOPT\Concessions Agreement 2014.doc Page 2 Vol. Pg. /J_ 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 all events, ticketed and non - ticketed, for all non - alcoholic beverages sales; and twenty percent (20 %) of the gross receipts for all ticketed events and five percent (5 %) of the gross receipts for non ticketed events produced by food 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: C:\ Users \bae4626VippData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \VEGYEOPT\Concessions Agreement 2014.doc Page 3 Vol. Pg.�� 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. C:\ Users\ bae46261AppData \LocalWicrosoft\Windows \Temporary Internet Files\ Content .Outlook \VEGYEOPT\Concessions Agreement 2014,doc Page 4 Vol. �� pg. /,S� C. The Concession premises shall be open for all events according to the schedule provided by the Director. SECTION 8. OPERATING RESPONSIBILITIES. Concessionaire shall, at all times during the term of the Agreement, comply with the following conditions: A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and the surrounding area [at least twenty -five (25) feet] clean and sanitary at all times. No offensive or refuse matter, nor any substance constituting an unnecessary, unreasonable, or unlawful fire hazard, nor any material detrimental to the public health, shall be permitted to remain thereon, and Concessionaire shall prevent any such matter or material from being or accumulating upon said Premises. If, as determined by the Director, the Concession is deemed unclean, unsanitary, or does not meet the standards of the County or Brazos County Public Health Department, and after giving ten (10) days written notice to correct such deficiencies, Concessionaire fails to correct such deficiencies by the end of the ten (10) days, then the County may, terminate the Agreement and all terms and conditions contained herein. Concessionaire, at its own expense, shall see that all garbage or refuse is collected as often as necessary and in no case less than once a day and disposed of in the main dumpster. Concessionaire shall 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 C:\Users\bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook\VEGYEOPT1Concessions Agreement 2014.doc Page 5 vol. /i� pg. Z_4_ 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 (other than the merchandise discussed below), 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 C:\ Users \bae46261AppData\Lccal \Micresoft \Windows \Temporary Internet Files \Content .Outlook \VEGYEOPT\Concessions Agreement 2014.doc Page 6 Vol. x%11 Pg, are excessively high or low in the sole opinion of Director. Such determination shall not be unreasonable and shall take into account the business considerations presented by Concessionaire. 2. All menu items and service, offered for sale and/or sold by Concessionaire in said Premises, shall be of high quality and must be related to the ordinary business of the Concession. 3. The sale of alcoholic beverages 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. 4. The sale of non - alcoholic beverages must be made from Coca -Cola Bottling Company purchased directly from the Bottler or from any successor sponsor. The sale of specific beverage products must be approved by the Director and conform to the terms of the sponsorship agreement between the Facility and Coca -Cola Bottlers or any successor. If Coca -Cola Bottling Company ceases to be the exclusive provider of non - alcoholic beverages at the Facility, the Director shall inform the Concessionaire of the termination of the sponsorship agreement with Coca -Cola Bottling Company and the terms of any new or successor agreement, if any. Concessionaire is obligated under the terms of this Agreement to purchase non - alcoholic beverages from any sponsor designated by the Facility. However, if the Facility does not enter into a sponsorship agreement with a bottler, the Concessionaire may purchase its non - alcoholic beverages at its discretion, provided that the monthly rental fees for non- ticketed events are renegotiated, agreed upon and approved in advance by the Director and the Concessionaire. 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 own expense, keep and maintain all equipment in the same condition as received by C.kUsers \bae4626\AppDatalLocal \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \VEGYEOPT\COncessions Agreement 2014.doc Page 7 Pg. Concessionaire, except for 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. 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, C:\ Users \bae4626\AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \VEGYEOPT \Concessions Agreement 2014.doc Page 8 Vol. __z Z,2z _ Ng-!f losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Concessionaire's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of, or incident to, the performance of this Agreement on the part of Concessionaire, its officers, agents, employees, or sub - contractor of any tier. B. Insurance: 1. General Conditions: Concessionaire shall obtain and keep in force during each term of this Agreement an insurance policy or policies which covers all operations conducted pursuant to this Agreement. Such insurance policy or policies must name the County as additional insured. Without limiting Concessionaire's indemnification of County, Concessionaire shall provide and maintain at its own expense during the entire term of the Agreement the following insurance having the limits as set forth and the certificate of insurance must specify the following requirements: Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products - Come /OSH Agency $1,000,000 Personal and Advertising Injury $ 100,000 Fire Damage (any fire) Automobile Liability $ 100,000 Bodily Injury-Per Person $ 300,000 Bodily Injury-Each Accident $ 100,000 Property Damage -Each Incident a. Additional Insured: County, its Officers, Agents and Employees shall be included as additional insureds in all liability insurance policies except: Workers' Compensation Employer's Liability, Professional Errors and Omissions and second -party Legal Liability coverages (such as Fire Legal). County shall be named Loss Payee As Its Interest May Appear in all required property, fidelity or surety coverages. b. Primary Insurance: Such insurance insurance maintained by County and program for contributions. shall be primary with respect to any shall not call on County's insurance c. 30 -Day Notice: With respect to the interest of County, such insurance shall not be canceled, materially reduced in coverage or limits or non - renewed except after thirty (30) days written notice by receipted delivery (e.g. certified mail- return receipt, courier) has been given to the County Risk Manager. d. Aggregate Limits /Blanket Coverage: If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of Concessionaire outside this Agreement, Concessionaire shall give County prompt, written notice of any incident, occurrence, claim, settlement or judgment C:\ Users \bae4626\AppData \Local\Microsbft \Windows \Temporary Intemet Files\Content .Outlook \VEGYEOPT \Concessions Agreement 2014.00 _ Page 9 Vol. 17c Pg.� against such insurance which in Concessionaire's best judgment will diminish the protection such insurance affords County. SECTION 12. 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; 2. Do or permit to be done any act or thing upon the Premises which will invalidate, suspend or increase the rate of any insurance policy required under the Agreement, or carried by County, covering the Premises, or the buildings in which the same are located or which, in the opinion of Director, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under the Agreement, provided, however, that nothing contained herein shall preclude Concessionaire from bringing, keeping or using on or about the Premises such materials, supplies, equipment and /or machinery as are appropriate or customary in carrying on its business, or from carrying on said business in all respects as is customary; SECTION 13. INDEPENDENT CONTRACTORS AND CONSULTANTS The Concessionaire is acting hereunder as an independent contractor and not as an agent or employee of the County. The Concessionaire shall not represent or otherwise hold itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County. SECTION 14. TAXES. PERMITS. AND LICENSES A. Concessionaire shall obtain and maintain at its sole expense all approvals, permits, or licenses that may be required in connection with the operation of the Concession including, but not limited to, tax permits, business licenses, health permits, building permits, police and fire permits, etc. B. Concessionaire shall pay all taxes of whatever character that may be levied or charged upon the rights of Concessionaire to use the Premises, or upon Concessionaire's improvements, fixtures, equipment, or other property thereon or upon Concessionaire's operations hereunder. SECTION 15. ASSIGNMENT /SUBLEASE The Concessionaire may not, without prior written permission of the County, C:\ Users \bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\Content. Outlook\VEGYEOPT\Concess ions Agreement 2014.doc Page 10 pg— 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 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 lieu of cash registers, cash register tapes shall be retained so that day to day sales can be identified. A cash register must be used in public view which prints a dated double tape, indicating each sale and the daily total. Permission to utilize an inventory control system in lieu of cash registers must be given to and received by the Auditor and Director at least thirty days prior to a scheduled event. 5. Any other accounting records that County, in its sole discretion, deems necessary for proper reporting of receipts. B. Method of Recording Gross Receipts: Unless otherwise specified in the Agreement, Concessionaire shall obtain and install a cash register(s) on which it C:1Users\bae4626\AppData\ Local \MicrosoftlWindowM`remporary Internet FileslContent.0utlook \VEGYEOPT \Concessions Agreement 2014.doc Page 11 Vol. :-Z:z p9. 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 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 C: lUsers\ bae4626WppData\ Local\Microsoft\WindowslTemporary Internet Files \Content.Outlook \VEGYEOPT \Concessions Agreement 2014.doc Page 12 Vol. Pg. 3 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: 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 taws 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; C:\ Users \bae4626WppData\Local \Microsoft \Windows \Temporary Internet Files\Content .Outlook \VEGYEOPT\Concessions Agreement 2014.doc Page 13 Vol, Pg.� 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, after or diminish any of the obligations of Concessionaire under the Agreement. C. Additional Rights of County: County, upon termination of the Agreement, or upon reentry, regaining, or resumption of possession of the Premises, may occupy said Premises and shall have the right to permit any person, firm or corporation to enter upon the Premises and use the same. Such occupation by others may be of only a part of the Premises, or the whole thereof or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining hereunder, and on terms and conditions the same as or different from those set forth in the Agreement. 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 C:\ Users \bae4626\AppData \Local \Microsoft\Windows \Temporary Internet Files\ Content .Outlook \VEGYEOPT\Concessions Agreement 2014.doc Page 14 F of. _ / Pg. 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. 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: General Manager, 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. C:\ Users\ bae4626V >ppData\Local\Microsoft\Windows \Temporary Internet Files\Content.Outlook\VEGYEOPT\Concessions Agreement 2014.doc Page 15 Vol. � pg 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 address 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 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 BAILEY CONCESSIONS Duane Peters, o my Judge Shirley J. Bail 6y Brazos County Jude Proprietor Date: ) R- 3- I Date: ) a -IS-) 3 C:\Userstae4626WppData\ Local \Microsoft \Windows\Temporary Internet Files\ Content .Outlook \VEGYEOPT\COncessions Agreement 2014.doc Page 16 F VOL� !! Attest: A� o elm Karen McQueen Brazos County Clerk C:1 Usersl bae46261AppDatal Local\Microsoft\Windows\Temporary Internet FileslContent .Outlook\VEGYEOPTIConcessions Agreement 2014.doc Page 17 TABULATION 2013 -51 GRAPHICS FOR VEHICLES March 20, 2013 - March 18, 2014 RECOMMENDATION: CC CREATIONS Approved Co ' sioner' curt'` n this rGt day of e-6M 2013 by holding the posistion of braojo,5 Cmwh4. k Ve- Vol. ���___ P9• --� -- # of Vehicle to Cost per Vehicle, .IMR Old Vehicle Tyne install Graphics Cost per Vehicle. CC Creations Pricing Graphic gn from 2011 Dodge Charger- $195.00 w/ 911 decal, Sherif'f's Office 6 $185 w /out 911 decal $548'00 Gra lilts $250.00 Ford E 35015 Passenger Van- j $210.00 $1,158.00 Jail/SO Gravities S300•00 Dodge Charger - Constable Pct.1 j $495.00 srx stir Graphics :y.. Dodge Charger - Constable Pct.2 j $125.00 $1,193.00 Graphics $350.00 Dodge Charger -w, `sR' a Constable Pct. 3 j $495.00 Graphics Dodge Charger - $405.00 w /mix of reflective and non Constable Pct. 4 j retextive vinyl $1,436.00 Graphics $600.00 Vendor must Small repairs to indicate what is $12.00 1sq ft for non reflective vinyl, $450.00 vehicle Graphics considered a $16.00 /sq ft for reflective vinyl small re air Vendor must Large repair or indicate what is $12.00 /sq ft for non reflective vinyl, replacement of considered a $16.00 /sq ft for reflective vinyl $700.00 vehicle graphics larize repair Small repair would be limited to 1 Small repair 25% of Please indicate what a small repair and panel on vehicle. Large repair vehicle, large repair 50% of large repair is: would be for 2 or more pane la vehicle. I - 2 days depending on drop off Time it will take to complete one vehicle time 1 day if there at 8:00a.m.) 3 hrs cs on County velpcl over X14£ rosy crinkle• bubble ceel• etc. 1�7 g ve r must ipdi to what warranty ww l apply to vehicles ff thus happens. Vendor must stipulate fU terms of warranty on this SOO or on lmolther sheet and im-biliaft that sheet with this form. yrs on vertical panels (sides or WARRANTY: vehicles), 1 year for horizontal panels I (hood /trunk top) 3MMCS, 7 year durablilty RECOMMENDATION: CC CREATIONS Approved Co ' sioner' curt'` n this rGt day of e-6M 2013 by holding the posistion of braojo,5 Cmwh4. k Ve- Vol. ���___ P9• --� -- ADDENDUM 0 EXHIBIT "A" 2013 -51 Graphics for Vehicles Solicitation of Quotes Till out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County Purchasing Denartment, 200 South Texas Ave.. Suite 352: Bryan. TX 77803 in a sealed envelope clearly marked °°SOQ 2013 -51, Graphics for Vehicles ". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Ouotes must be_ received—by _ the Brazos considered. Brazos County will not accept any quotes that are delivered via email or fax. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for purchase and install of graphics for several County vehicles. There are several different types of vehicles that will get graphics, to include but not limited to eight (8) 2013 Dodge Chargers and one (1) Ford E -350 15 Passenger Van, Brazos County will not be held to any minimum or maximum quantities of vehicles sent to vendor throughout the tern of this contract for this service. Quotes submitted for SOQ 2013 -51 sball be good for one (1) year starting March 19, 2013 through March 18, 2014, - Graphics will need to be designed by vendor to match the pictures provided for each department. Once Graphics are designed, vendor will submit a proof to the department for approval. - Approval is required from the department head prior to scheduling of installations - Vendor will quote a design fee if applicable - Brazos County will own any designs made by awarded vendor during the term of this contract for future use of Brazos County. Vendor will sign a release of any ownership rights to graphics produced on behalf of Brazos County. - Vehicle will be dropped off at vendor's location of business by department only after department schedules an appointment with vendor. Vendor will have work completed some day it is dropped off. - Vendor will notify the department when vehicle is ready in order for department to make pick up. - Department will inspect the work when picking up the vehicle. Vendor will give the department a ticket showing the work has been completed, - Vendor will send the invoice to the Purchasing Department at the address above for payment Department will turn in the tickets to the Purchasing Department for comparison - The Purchasing Department will pay the invoices using a purchase order. The purchase order number will be given to the vendor prior to starting work. - Quotes given by vendor shall include any fees, materials and /or services charges incurred by the vendor to complete work. - Vendor must fill out the warranty section of this SOQ. If no warranty is available, vendor must note that. Exhibit A Page 1 of 13 Vol. //0"), _ Pg._2– —0 Vendor will quote cost for small repairs to vehicles that were done prior to the term of this contract. SCHEDULING Each department will call the awarded vendor to schedule the day and time that the vehicle can be dropped off at vendors location for the install of the Graphics. All appointments shall be scheduled in morning time frames in order for the vehicles to be completed and picked up by the department by end of the same business day. If vendor cannot complete vehicle in one business day, vendor will note that in their submission. The Brazos County Purchasing Department will hold a pre -quote meeting for vendors to view graphics on the vehicles. The pre -quote meeting will be held on at 2:00pm Thursday, February 28, 2013 at the Brazos County Administration Building Parking lot, located at 200 S Texas Ave, Bryan, TX 77803. It is not a requirement to attend this pre-quote meeting however it is highly recommended that vendors attend if submitting a quote. This meeting will allow vendors to take measurements and or pictures if needed. AWARD The contract award shall be based on, but not necessarily limited to, the following factors: a. Cost b. Special needs and requirements of Brazos County c. Time needed to complete service d. Location of Vendor (distance that vehicles will travel for services) g. Vendor's past performance record with Brazos County Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. Vendor must sign and agree to all terms and conditions of Brazos County Service Contract (SOQ 2013 -51) or quote will not be considered. Successful Bidder must provide evidence of Fill out "Solicitation of Quotes" form and harm deliver or mail to the Brazos County Purchashm Department, 200 South Texas Ave., Suite 352: Bryan, TX 77803 in a sealed envelope clearly marked "SOQ 2013 -51, Graphics for Vehicles ". Include the signed Contract and a copy of the required Insurance with the submussron of quotes. The required Insurance is listed in the attached Contract. 9uotes must be received by 4h,e lDrazos cons sid6i d;' Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or SOQ's delivered to any other person or department other than previously specified, will not be considered responsive. For any questions pertaining to the contract or this solicitation, please contact Tiffany West (Senior Buyer) at 979 -361 -4269 or emall at twest Abrazoscountvix.gov. Exhibit A Page 2 of 13 L ) 1; ° (.6 �� •. �.lR��.. . Ya >� '3. \ 6 y� c :-, -' .. . � _ ,.._ t ...... --.. _. L .....__ �,� ��� � i ��1 r- Y� - -_ �2 1 5_ _ Ali t �R CAF to e. 4 1 u ������ .. f�z ��'� •t— ��JT.q��ilr�bi �5 3��4 e Y�)�t `:'ul �tZs�/n fi�Y�3nriE- -�!"sk'�v'Rll%a:,F«:..Y�3}��$�i )r sCb'��+RSY{SS�E � }•_ �j� as -•�.✓ � ". � r yr Q i se: e Yxxai;��! i i j. Y� r7 1 tia: } e i ,t �$d� v F - ,t �$d� Solicitation of Quotes Quotations should reflect a cost per vehicle to have all. required graphics designed and installed, Vehicle Tyne 4 of Vehicle to Install Cost Per Velliel Granhics on Dodge Charger-SherIff's $195.00 w/ 911 decal Office Graphics $185.00 w/out 911 decal Lord E 35015 Passenger 1 $210.00 Van- Jail/SO raphics Dodge ,� Changer C — st Pct .1 GrAp Iles ' Dodge Charger— Constable 1 $125.00 Pet. 2 Graphics !'n Dodge Charger C6 ph fes Dodge Charger — Constable 1 $405.00 w/mix of reflective Pet. 4 Graphics and non-reflective vinyl Small repairs to vehicle Vendor must Indicate what $12.00/ sq. ft. for non- Graphics is considered a small repair reflective & $16.00/sq• I for reflective vinyl Large repair or replacement Vendor must indicate what $12.00/sq. ft, for non- of vehicle graphics is considered a large repair reflective vinyl & $16.00/sq. ft. for reflective vinyl Please indicate what a small repair and large repair is: Small repair would be limited to 1 panel Time it will take to complete one vehicle 1— 2 days depending on drop off time ( I day if vehicle is dropped off at 8:00 a.m. WARRANTY: 5 years on vertical panels (sides of vehicles) —1 year for horizontal panels (hotiltrunk top) Exhibit A I Page 12 of 13 1 Vol Pg • The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. C C- Cieo.;hlo�S ax "'0 Name of Company: - T ID k: Address: III 116` \e.Mt,� br. C -�- `( Email: G - �'Vi 1'^^ O - e C t ,4 0 ? LkSn • GOB^^ Telephone p: 9 -7`i - 6 9 3 CI 6 6 K Printed Name: ()AL'',( O e- ^„�a.✓�f�- Signature arAulhorized Representative: Exhibit A Page 13 of 13 Pg. �°2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 9.1-9.3 On this the 3rd day of December 2013 at a regular meeting of the Commissioners' Court, the 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 3rd day of December 2013 the Court heard and approved a budget amendment for the 2013 -2014 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 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3rd day of December 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. — fDA ` — Duane Peters, t mty 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. 6�9 chairs BRA70S COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -9.1 Vol. _ L LL Pg. s 011.11 LCou�`J�d9Ah� Vol. _ L LL Pg. s BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 13M4. 9.2 FY 14 SAWS Chant was awarded 527,715.32, which is a decrease of $1,458.68 from the budgeted amount of $29,174 that was oved on September 10. 2013. 1 Vol.. Pg.-42�f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 - 9.3 12/312013 Vol. /9aZ Pg. �� ACCOUNTNAME Vol. /9aZ Pg. �� PERSONNEL 10 CHANGE OF STATUS REQUESTS Commissioner Court Date: December 03, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Juvenile Services - Detention Johnson, Kayla Saenz, Jennifer Busa,Scott Busa, Scott Holmes, Elton Holmes, Elton Transfer wlin Dept. Transfer W!n Dept. Promotion State Stipend Promotion State Stipend S.O. Jail Good, Rebekah Resignation Tax Office Hoelscher, Kori Resignation Treasurer Morgan, Ashley Reinstated Approved in Commissioners' Court: December 03,2013: County Judge's or Commissioner's Signature: —� (This Copy to be attached to minutes) F-0l.