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1994-02-21-0900AM-Special
• FF? 17 02 BR.AZOS COUNTY BRYAN. TEXAS- AGENDA • • BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, FEBRUARY 21, 199tfAT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on access to various lots in Millican, Texas. 4. Consider and take action on exemption from competitive bidding requirements of Local Government Code, Section 262.024(a)(4) for computer consulting from Dr. Dan Colunga. 5. Consider and take action on proposal from Texas Transportation Institute for Evaluation of Structural Capacity of Brazos County Roads. 6. Consider and take action on rescinding action taken on November 15, 1993 appointing Eugene Oates to the Brazos County Fire Prevention District #4 Fire Commissioners Board and appoint James Green. 7. Consider and take action on request from District Attorney to complete the computerization of his office. 8. Consider and take action on Amendment to the Agreement between Texas Department of Human Services and Brazos County. 9. Consider and take action on Resolution between City.of College Station and Brazos County regarding joint effort projects. 10. Consider and take action on request from the Brazos Valley Narcotics Task Force to purchase surplus state vehicles. 11. Consider and take action on Contract between Brazos County Rape Crisis Center, Inc. and Brazos County. 12. Consider and take action on approval to advertise for 2-Way Radios for Road and Bridge Department. 13. Consider and take action on request from Ferguson-Burleson County Gas Gathering System to install pipeline in county right-of-way of Turkey Creek Road in Precinct 4. 14. Consider and take action on work outside county rights-of-ways for the enhancement of county road projects in Precinct 1. 15. Consider and take action on personnel change of status. 16. Consider and take action on payment of claims. 17. Adjourn. VO L 3-PAGE. /9(--- • COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 21, 1994 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Monday, February 21, 1994, with the following members of the Court present: R. J. Holmgreen, County Judge,~'Bresiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners John Reynolds Auditor Cheryl Turney Auditor's Office Sandie Walker Treasurer Richard Vance County Engineer Bobby Riggs Sheriff J. R. Burkhalter Jail Administrator Bill Turner District Attorney Travis Nelson District Clerk Yvonne Salie Bryan/College Station Eagle Jennifer Gordy KBTX-TV Hugh Lindsay Attorney Billy Chenault Brazos County Resident Beulah B. Chenault Brazos County Resident Thelma Chenault Brazos County Resident Patty Chenault Brazos County Resident Evelyn Clegg Brazos County Resident Mary Jane Miller Brazos County Resident Cynthia M. Langley . Candidate for Treasurer Al Jones Candidate for Co. Judge Patricia Meronoff Attorney Commissioner Sims gave the invocation and led the pledge of allegiance. The Court first considered an application for a neighborhood road to access various lots in Millican, Texas. The County Judge told those assembled that perhaps this court did not have jurisdiction in this case and it may be necessary to take action in the District Courts. Hugh Lindsay, representing Mary Jane Miller explained that his client is the owner of Block 39, Lots 6 through 10 in the town of Millican has been denied access to her property by the use of Rusk 0 r~ r~ u Commissioners Court meeting February 21, 1994 Street. Mr. Lindsay stated that the exact property lines were confusing at best. Patricia Meronoff, attorney with Bruchez and Goss, explained that the law states that it is unconstitutional to open up a road for a private individual. She went on to say it must be determined if this is public property or private property. Judge Holmgreen reiterated that this was not the jurisdiction of the Commissioners Court to settle this dilemma. The County Judge said he would research this to see what, if anything, can be done. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(4). The Commissioners' Court determined that there is a need to purchase the personal and/or professional service of computer consulting from Dr. Dan Colunga. On motion by Commissioner Wilcox, seconded by Commissioner Turner, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements and authorized the payment for all professional services from the designated individual for the period January 1994 through December 1994. The next matter before the Court was a proposal from Texas Transportation Institute for the evaluation of Struc- tural Capacity of Brazos County Roads. Estimated cost for the project is $12,173.00 with a minimum of one third ($4,058) paid prior to commencing the work. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to execute the contract with the Texas Transportation Institute for the evaluation of Structural Capacity of Brazos County Roads and to forward one third payment. A copy of the contract is attached hereto. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to rescind the action of the Commissioners Court meeting dated November 15, 1993 in which Gene Oats was appointed to the Brazos County Fire Prevention District #4 Fire Commissioners Board and appoint t ,e ACE- _ _ ...a .~--._....a....i..J-..r.i...-or[~....11 Huh...-1.+1~.....V~Y ~.v-...LL.aa.~-~l~rt..~ay-.~.~.-• a.~.-..... • Commissioners Court meeting February 21, 1994 Mr. James Green to the position. Mr. Oats does not live in the precinct. On motion by the County Judge, seconded by Commissioner Wilcox, the Court voted unanimously to approve the payment of $10,000.00 to complete the computerization of the District Attorney's office. The next matter for consideration was an amendment to the agreement between the Texas Department of Human Services and Brazos County. Approval of the amendment would allow the Texas Department of Human Services to pass along to the county any federal dollars received by the state for the prosecution of welfare fraud cases. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to executed the amendment to the Agreement with the Texas Department of Human Services. A copy of the amendment is attached hereto. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to adopt a resolution between the City of College Station and Brazos County for the wise expenditure of tax dollars by cooperation in joint ventures involving such things as purchases of equipment and land or in contracting for and providing services. The Court next considered a request from the head of the Brazos Valley Narcotics Task Force for authorization to purchase surplus state vehicles. The Texas Narcotics Control Program has recently changed its position on buying vehicles and has requested the Task Forces use any unexpended funds to buy as many vehicles as possible. On motion by Commissioner Sims, seconded by Commissioner Norton, -the Court voted unanimously to authorize the Brazos Valley Narcotics Task Force to purchase surplus state vehicles. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Rape Crisis Center, Inc. The Center will provide services to victims of sexual assault and their families. Commissioners Court meeting February 21, 1994 • • ~J r r t i Brazos County will pay $10,000.00 for the services annually. Term of the contract will be a twelve month period commencing on October 1, 1993 and terminating September 30, 1994. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to enter into contractual agreement with the Brazos County Rape Crisis Center, Inc.. A copy of the contractual agreement is attached hereto. The next matter for consideration was approval to advertise for bids for 2-way radios for the Road and Bridge Department. On motion by the County Judge, seconded by Commissioner Turner, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for 2-way radios. The Court next considered the request from Ferguson Burleson County Gas Gathering System to place a road bore in the right-of-way of Turkey Creek Road approximately 0.2 mile north of its intersection with SH 60 for pipeline installation. Included with the request is company draft #4416 in the amount of $500.00. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously'to approve the request of Ferguson Burleson County Gas Gathering System and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county right-of-ways for the enhancement of county road projects. The Road and Bridge Department requested permission to enter the private property of Pat McCrory located off Kathy Flemming road for the purpose of constructing a diversion terrace from his pond to direct water from the pond spillway into the county pond. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to authorize the work. V u a I Commissioners Court meeting February 21, 1994 t' i i r- F r t t The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Mason, Kerry District Attorney New Employee Matthews, Charla District Clerk Inc Sal to Bdg Matcek, Lisa District Clerk 6 mon increase Commissioner Sims moved to only approve the change of status submitteO by the District Attorney. The motion died for lack of a second. Commissioner Norton then moved to approve all the change of status submitted with corrections to those submitted by the District Clerk. The motion was seconded by Commissioner Wilcox. Commissioners Norton, Turner and Wilcox voted "Aye"; Commissioner Sims voted "No". The Court next considered the following Claims as submitted by the County Treasurer for payment: 10--GeneralFund-------------- Claims--3375--thru--3677-- 20--Road & Bridge-------------Claims--3787--thru--3801-- 26--R & B Debt Service Claims--3678--thru--3680-- 32--RecordManagement--------- Claims--3681--thru-------- 54--HealthDepartment--------- Claims--3692--thru--3727-- 60--Payroll------------------- Claims--3728--thru--3750-- 90--Brazos County Grants Claims--3751--thru--3758-- 91--MPO----------------------- Claims--3759--thru-------- 97--Narc. Traf. Task Force Claims--3760--thru--3786-- On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. 1': • R.J. mgree County Judge The foregoing minutes of the Commissioners Court Meeting held have been examined and Approved in open Court this the day of 21f1 - , 19~~, in Bryan, Brazos County, Texas. ~ 22~~a Walter Wilcox Commissioner, Precinct 2 Milton Turner Commissioner, Precinct 4 t 4n~L Gary Nor Commiss o er, Precinct 1 Randy S s Commi ioner, Precinct 3 M ry n Ward County Clerk VOL PAGE.-'~ k 1 F i r.i ~ r~ <<~ fir' " ` ax• ..llq~ ~ 7-74-94-3.17 I: A RESOLUTION BETWEEN THE CITY OF COLLEGE STATION AND BRAZOS ,~-t ' COUNTY IN AN ATTEMPT TO WISELY EXPEND TAX DOLLARS BY < > COOPERATION"IN JOINT VENTURES INVOLVING SUCH THINGS AS PUJRCHASES OF EQUIPMENT AND LAND, OR IN CONTRACTING FOR AND PROVIDING SERVICES._ - ' ` WHEREAS, the City of College Station and Brazos County, in an effort to ' promote, the general welfare of our community, feel the need to enter into a joint county-community planning venture; and WHEREAS, attempts will be made to cultivate a spirit,of cooperation between the City and County administration in order that tax dollars may be saved by ` working cooperatively in joint ventures; and WHEREAS, clear lines of communication between these two entities must be established and maintained with special attention being given to the kinds of m { , services provided by each; and C WHEREAS, procedures need to be developed to reach agreements when joint'.. ventures present themselves. - NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of College Station and the Commissioners of Brazos County enter into this agreement to join forces in an attempt to maximize tax dollars by working jointly on purchases and services qs stated above. PASSED and APPROVED this 74thday of FPer,,A X,1994. ? APPROVED: APPROVED: R. J. olmgreen _ La Brazos County-Judge College Station Mayor ATTEST: ATTEST: J . B o ounty - City of College Station f IVV L- 1 r~ MEMO C] Pct. 1 Pct. 2 Pct. 3 Pct. 4 F,. ► The Commissioners' Court has determined that there is a need to purchase the personal and/or professions service, Computer Consulting from the following vendor: Dr. Dan ColWW, and hereby grants an exemption from the competitive bidding requirement as provided in the Local Government Code, Section 262.024(a)(4). The Court hereby approves payment for • all professional services from the designated individual for the period January 1994 through December 1994. is • TO: John Reynolds, County Auditor FROM: R. J. Holmgreen, County Judge RE: EXEMPTION FROM COMPETITIVE BIDDING REQUUMv[E.NTS OF LOCAL GOVERNMENT CODE, SECTION 262.024(x)(4). Please be advised that on this ZW day of Febru=, 1994, at a Regular Session of the Commissioners' Court on which the following members were present: • d ifs a r . ' e~' ' I/ , ' • ~ a Q TEXAS TRANSPORTATION INSTITUTE F r C l 'r• I. II - r• • / OFfK OF THE DIRECMR It 'CoAD Mr. Richard F. Vance, P.E. County Engineer Brazos County Road and Bridge Department 2617 Highway 21 West Bryan, Texas 77803 January 24, 1994 Area Code 409 %*phone 813.1711 FAX: 409 • GM Reference: TTI proposal IN T94.232, Evaluation ojStruetura! Capacity ojBrazos County Roads Dear Mr. Vance: Thank you for your interest in the Texas Transportation Institute ('iTI). Attached is a proposal you requested, "Evaluation of Structural Capacity of Brazos County Roads". The Principal Investigator, Dr. William Crockford, will be pleased to offer additional scientific or technical detail and may be reached at (409) 945- 5018. Other than test results, TTI is not in a position to provide certification or endorsement for any product In addition, the Brazos County Road and Bridge Department will not use, or permit others to use, the names of the Texas A&M University System (TAMUS), or Texas A&M University (TAMU), or the Texas Transportation Institute (TTI) or any abbreviations or trademark in arty publicity, advertising, or other public presentation which directly or indirectly implies endorsement of any product(s) or service(s). As proposed, the estimated cost (fixed-fee) for this project is S 12.173. In keeping with TTI operating requirements, a minimum of one third ($4,058) must be received before work commences, or upon January 31, 1994, whichever comes first. Thereafter, $4,058 should be paid to TTI after the section testing, with the final installment due upon delivery of the final report. Should fiscal or contractual matters need to be discussed, please contact Ms. Janice Reudelhuber, Senior Accpuntant, at (409) 845-8141. Period of performance will be from January 31, 1994 to March 21, 1994. If you agree to these conditions and are satisfied with the scope of wort: as presented by Dr. Crockford, TTI respectfully requests you countersign below and return one copy (bearing an original signature) and a chock for $4,058 to Ms Rcudclhuber, TTl/CE Building room 808E, Texas A&M University, College Station TX 77843-3135. We look forward to producing useful and informative results for you. ely, Agreed, :D 1 l L 1/24/94 H. Richardson Date Mr Richard F. Vance, P.E. Date Director Brazos County Road and Bridge Department W Gockfiwd Jauucc Rcu&1huba THE TEXAS A3M UNIVERSITY SYSTEM - COLLEGE STATION. TEXAS 77813.3135 VOL 3 PAGE. K. pip' 41 i F, J • r__T 1 ♦ C D a TEXAS TRANSPORTATION INSTITUTE D. MATERIALS. PAVEMENTS and CONSTRUCTION Ara Cow 40 TTMCE &dg.. Suite SOB Wp/ron• 80.75t t FAX- AN • So • QV& January 24, 19% Mr. Richard F. Vance, P.E. County Engineer Brazos County Road and Bridge Department 2617 Highway 21 West Bryan, Teicas 77803 Dear Mr. Vance: You will find a copy of a budget estimate for a cost reimbursable project to evaluate the structural capacity of the roads in Brazos County enclosed. There were approximately 60 road sections identified in your letter dated 14 December 1993. We estimate that it will take about 2 hours per section on the average to perform the tests, for a total of about 3 weeks of testing. Although only 3 weeks of testing will be required, weather conditions and availability of the falling weight deflectometer (FWD) will undoubtedly make the duration of the project longer than that time period. Our deliverable to you will be a final written report due no later than 3 weeks after the last tests have been conducted. The report will present our assessment of the remaining life of the pavement along the length of each section. If the life is shorter than your design horizon, we will make a recommendation for the type of improvement that would be required to extend the life to that time frame. Standard drop series with the FWD will be conducted every 0.5 mile on each of the sections, with a minimum of 3 tests regardless of the length of the sections (i.e. sections less than 0.5 mile will have 3 FWD drop locations). The dynamic cone penetrometer (DCP) will be used at 33% of the FWD drop locations, and these locations will be selected based on the largest FWD deflections. On roads with seal coats, we will core through the seal for the DCP (about 1.5 inch diameter hole) and patch before we leave. We anticipate that TxDOT will provide the FWD, you will provide traffic control, and we will provide the DCP, overall supervision of the project, data analysis, and the final report. The study will use TxDOT procedures where feasible. These procedures will, be supplemented by procedures used by the U.S. Army Corps of Engineers, The Asphalt THE TEXAS A&M UNIVERSITY SYSTEM • COLLEGE STATION. TEXAS TI"3.313S V O L - PAC _L. (fir ~4 1 Instituter .and the American Association of State Highway and Transportation Officials. In order to say anything about the expected life of the pavement based on these procedures, we must know something about the traffic on these pavements. We need the current traffic estimates and an estimate for some time in the future. The future traffic projection may be one of two types: (1) a traffic estimate at some point in time, or (2) an annual growth rate similar to an interest rate. We can use either method for estimating future traffic. In addition to the traffic volume estimate, we need to know what percent of the volume should be classed as 18,000 pound single axle equivalent trucks. If you have reason to expect a significant change in the percent trucks over the period of the design horizon, we will need to know that as well. If you expect the addition of oil wells along any of these roads in the future, we could use the estimates given by Mason in an article I sent to Commissioner Sims some time ago on this subject to estimate the changes in the percent trucks. If you need assistance converting 2060 permitted truck weights into 18,000 pound equivalents, we can help with that conversion. Finally, if you know the thicknesses and materials used in these pavements, we could use that data in the report and to help us plan our DCP studies. We hope to provide graphs of distance along the road versus years of life remaining. Therefore, setting a design horizon is not required for these graphs. However, we would need such a horizon in order to say whether the pavement will fail prematurely and for purposes of recommending improvements. Alternatively, we could just agree on an arbitrary design life of 5, 10, or 20 years as you feel might be appropriate based on your previous maintenance and reconstruction history. Sincerely, William W. Crockford i VOL PAGE 11,"K /I-,- \ 1 • 01 5568 0 0 140 0 705 i f, WCBRAZA73-XIS BUDGET DETAIL Evaluation of Structural Capacity of Brazos County Roads Proposed Budget Period: January 31, 1994 to Marcb 21, IM Z 1. DIRECT MATERIALS 35 Office Supplies Total Direct Materials 2.11tATERI4,L OVERHEAD 3. DIRECT LABOR % Effort Est Hours Rate/Hour Est Cost Principal Investigator 27% 26 80 29.40 2352 . Bill Crockford Research Associate/Co-PI 42 86% 131 15.19 1982 . John Ragsdale Graduate Research Asst. 02% 43 131 8.50 1114 . to be named Clencal Support 57% 6 20 6.00 120 . to be named Subtotal 362 5568 provision for estimated salary 0 escalation each September 1 Total Direct Labor Costs 4. LABOR OVERHEAD 5. SPECIAL EQUIPMENT 6. TRAVEL 140 Mileage: 500 miles @ 28 cents/mile Total Travel 7. SUBCONTRACTS 8.OTHER DIRECT COSTS Employee Fringe Benefits (FICA estimated @ 23% and 15% of direct labor) Students @ 1S% 67 Others @ 23% 1 1191 Total Fringe Institutional Medical Insurance Cost (52491person/month, by level of effort) Graduate Students 375 Non-students 330 D , • 'T Computer Usage @ V30/staff-month 270 Drilling Equipment Use Charge 500 Phonetpostage 50 Reproduction 20 Total Other Direct Cosy 9. TOTAL DIRECT COST AND OVERHEAD 10. GENERAL AND ADMINISTRATIVE EXPENSE Q 45% MTDC• 11. ROYALTE S 12. TOTAL ESTIMATED COST 0 12173 i I + I i 1 i WCBRAZOSALS VOL , PACE.1.9,Y.._.. I 'A • • 1 . BRAZOS COUNTY, TEXAS BID EXCEPTION FORM NUMBER: AUD + TO: THE COUNTY JUDGE FROM: RICHARD VANCE, COUNTY ENGINEER ROAD AND BRIDGE DEPARTMENT DATE: FEBRUARY 21, 1994 IT IS REQUESTED THAT THIS DEPARTMENT BE ALLOWED TO MAKE THE FOLLOWING PURCHASE: Professional services, labor and material for Evaluation of Structural Capacity of Brazos County Roads. This service to be provided by Texas Transportation Institute, Texas A&M University APPROXIMATE COST: $ 12,173.00 (other cost related data should be attached) REASON FOR PURCHASE: To determine the structural capacity of Brazos County roads ' w -1 r, (COMMISSIONER) raw 34e-DC(02-94) - 4 it V 0 L PAG E. ~9s= ~ • + ; ' f!` . ,fir''-, ~ T.k%rt' r . . Al D T TO TIE AGREENZNT BETw8E8 TE=A8 DEPARTXMIT OF ZMCR 1 88RVZCEB AND BRAZOS COUNTY The Texas Department of Human Services, herinafter called the Department, and Brazos County, Texas, hereinafter called the county,, and District Attorney hereinafter called the Prosecuting Authority entered into a cooperative agreement under which the Department funded a portion of the costs incurred by the County and the Prosecuting Authority in prosecution Food Stamp and Aid to Families with Dependent Children (AFDC) fraud/theft and other Food Stamp violations. The Department, the County and the prosecuting Authority hereby agree to amend the cooperative agreement, effective September 1, 1993, as set out below. Article I, Paragraph E is deleted 'and the following new Paragraph E is substituted therefor: E. To pay the Prosecuting Authority for prosecutorial activities involving Food Stamp and AFDC fraud/theft cases referred by the Department to the Prosecuting Authority. The amount of payment will be determined as follows: 1. Through cost report analysis, the Department will establish the cost per case, both for uncontested and nolo contendere cases, and for contested cases. 2. The Board of Human Services will approve such cost per case for publication in the Texas Register and for adoption as a rule. 3. The Department will pay the Prosecuting Authority an amount per case equal to the federal share of funds the Department actually receives from its federal funding sources. All provisions that are not specifically amended above are continued in full force and effect. 'r1 BY Gordon Hardy Inspector General BY XO~L4A-ol Bill Turner District Attorney APPROVED: BY Coun y Judge -1o5County,Texas Maj, _ •s .v 1.4 * -j . _ ! s {'J ` . • _ d ! i • CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPS CRISIS CENTER, INC. (hereinafter "Provider"), located in Bryan, Texas. RECITALS: WHEREAS, the County has the objective of providing support services to victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such support services. TERM This contract shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 1993, and terminating 30th day of September 1994. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24-hour hotline and 24-hour escort service; one-on-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists. USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to pay operational expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit A - Budget, attached hereto and made a part hereof for all purposes.- T • f• - r 'A rr. 1. Provide County funds for the payment of the consideration stated herein. t•• COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider a maximum amount of money totaling $10,000 for the term of this Contract. This sum shall be paid upon the following dates and in the following amounts: February 15, 1994 $ 5,000.00• April 1, 1994 $ 2,500.00 July 1, 1994 $ 2,500.00 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Contract: 1. Maintaining this Contract. 2. Providing of the Provider's Services. 3. Maintaining data files on clients and the Services provided thereto. 4. Respond to all and any inquiries by the County regarding the Center and its Services. 5. Assist the County with information needed for audit purposes. 6. Provide the County with quarterly financial statements. 7. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 8. Provide the Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 2 r s t, VOL PAGE .1 ds rd • 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Center. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated-of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any act or omission or negligence, on the part of each party hereto. INSURANCE • The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. i 0 A 3 N 3 3 e COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract t or the services to which it relates has personal interest direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Brazos County c/o Commissioners Court Brazos County Courthouse 300 E. 26th Street, Suite 114 Bryan, Texas 77803 FURTHER ASSURANCE Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. la ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. 4 U • • • 4 ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County; otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this day of , 1994. Brazos County . By O , Judge Brazos County Rape Crisis Center, Inc. /--v- C~~j By: CHRIS K107,-President 5 VOL PAGE, 2--01- r.% i AJUM COUNT! RAPE CRISIS CENSER, INC. Actual Proposed Proposed Proposed 1993 1994 1994 1995 Budget Budget Budget Budget (Subject (10-193) (2-'94) (2-'94) to Audit) SUPPORT AND REVENUES Grants - government Texas Dept. of Health $13,432.92 $14,392 $14,392 $15,000 City of Bryan - HUD 23,348.00 25,000 25,000 34,100 Brazos County 7,500.00 10,000 10,000 10,000 VOCA 9,504.00 13,595 13,595 25,039 Grants - private foundation 8,000.00 8,000 8,000 8,000 Indirect public support-UNay 20,438.48 20,000 20,000 20,000 Contributions 2,439.10 2,000 2,000 1,500 Fundraising projects - net of expenditures 2,983.76 2,000 3,000 3,000 Interest, miscellaneous income 686.19 300 300 300 TOTALS: $88,332.05 $95,287 $96,287 $116,939 ZXPENSES Personnel Salaries Payroll Taxes Health Insurance Rent Telephone , Pagers Insurance Office supplies Printing/Copying Postage Conferences, dues Car allowance Library Advertising Office Equipment Miscellaneous Professional Fees Copying Printing Office Expenses/Supplies Community Education Volunteer Training Repair/Maintenance TOTALS: $6,084 $151000 $15,600 28,392 28,392 29,528 17,680 17,680 18,500 $48,665.58 52,156 61,072 63,628 3,722.43 3,990 4,672 4,868 6,009.24 5,400 8,100 8,640 7,144.72 7,800 7,800 7,800 2,458.37 2,400 2,400 2,900 864.00 1,200 1,200 1,100 1,375.00 1,500 1,500 1,600 1,617.30 1,068.24 769.49 1,000 1,000 1,100 2,425.49 2,500 2,500 2,600 691.84 825 825 900 12.16 300 300 400 328.50 400 400 500 6,260.98 400 400 500 1,876.44 1,000 1,000 2,000 2,000 2,000 2,500 400 400 1,000 500 500 600 3,500 3,500 3,600 600 600 700 1,000 1,000 1,100 1,200 1,200 1,300 $85,289.78 $90,071 $102,369 $109,336 EZNIBIS A - SUDGET a f C] • A12 NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS • BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: RE: Type Installation Road, Precinct Ferguson Burleson County Gas Gathering System Crossing: , X Parallel Install P.O. Box 10006 Road: Turkey Creek Road I College Station, Texas 778424)006 Precinct No.: 4 • Formal notice is hereby given that (Applicant)- Ferguson-Burleson County Gas Gatherine . System proposes to place a (type) one six inch steel pipeline within the right-of-way of (road) Turkey Creek Road In Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by Ih= copies of the drawings attached to this notice. 1. The County Engineer must he notified prior to the beginning of construction in order that - they might be on hand to designate the actual location of the installation. 2. That all damage to the roadways and rights-of--way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That BRAZOS COUNTY reserves the right to require Applicant to relocate or lower any such line at no cost to BRAZOS COUNTY, should same become necessary due to - widening or lowering, or other alteration of the roadway or right-of-way. 4. That BRAZOS COUNTY is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way. S.- That the line will be constructed and maintained on the county right- of-way in accordance with governing laws. 6. That the line or lines will be constructed no less than forty-eight inches (48') lower than , the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. That all roads be bored to forty feet (40') on either side of the centerline of the right-of-- way or cased for such distance. 8. That all sites will be barricaded during construction period. 9. That the normal charge is $500 per crossing and/or $40 per rod when paralleling the roadway established by the Commissioners' Court on January 28, 1985. 10. Ditch line shall be compacted to 90% standard density ASTM-Test method No. D-698; test shall be conducted by an independent Geote;hnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 11. Construction shall be strict conformance to the latest Texas Manual on 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. Construction of this line will begin on or after (date) February 2. 1994. a ' - APPROVED BY COMMISSIONERS APPLICANT: n 2 - o COURT ON: 1X 4 Ferguson Burleson Co. Gas Gathering Sys. Date Name/Title P Charles Chandler Company Representative ( Brazos County Judge (409) 690-0313 VOL PP~GRl_as~.3 _ _ ,..ter-._-, -~_.._...._..+rs:_ ~5.-s.:."..a,a..r~i.,•.i,wbmr..ien... :~1r5a.w- ....w~.:' r+.~[...a _ _ _ - ss::- f r • I. u 1~®9 % eel i L°'Or+' ~.',t7e. y " l l . "°uo" l r . ~o~ i~ a . \ (P7^y/.~ ~1 1ti1 R~c .P` ~T ~ aC~-E~r0 N 14 -It 7N, 11--•RrV •,y~ r• e 1 J• 1 ( r r t 7r r~ J••'~, +~~,o~ ~~4 ~4 -,i w k~~F ~y •cLe ' , 4 (if i C.1' ~ ~ v 'I:a r.\ .~w.+•. ` ,f~ lff( ~f ~•~s.Eiu1A - r"• BRYAN 1 1 i . O` • r fir` i off PW MIA" 00 1;7V 04 :1 A4 /ol C, ~J ,PV J ~♦e /fJ r° COLLEGE p ` s r~ o U d STATION \ + } J 'Vol I POP S3p* _y I i ~l • ~I~OtY1r1• [ri ' D lb © O rp • - 10•H - `II 1 •(•,•1.•00. ♦ • 'Y 41111.0[[•JO Iz ~ Jam. i~ ` • • r r 1r•`'~ OFl~ J' I t' T ~ ~ _ y y CCfM1tTY *~~q, , /'4 + a f•o . L~ ~Sa \ _ Y ' 1 r ~.s~ ~O=; * 411^)~/dld \ r. + Not mil eY e. 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JONES 4 + i a•106 W h ~ ~A mow/ Y MS403S E G i F i r FRANK PALASOTA PROPERTY PLAN SCALE= I 30' r tO3 too m PROFILE SCALE: HORIZ.:1"= 30' VERT. 1"a 10' ~ N *5 X00 99 90 NOTE: ELEV. ARE ASSUMED PLAN & PROFILE SHOWING F. S. C.G. G. S. PROPOSED PIPELINE CROSSING TURKEY CREEK ROAD APPROXIMATELY 0.2• thli-ES NORTH OF ITS INTERSECTION WITH F. M. NO. 60 IN THE J. H. JONES AB.-26 IN BRAZ)S COUNTY, TEXAS. (U. P. R. C. -8EXCO KINMAN NO. I G2653) ORAwN:OwFN B FEBRUARY, 194 TURKEY CRK.' RD. i Nfd WALTER GILMORE PROPERTY AB.-26 g § y i s 4 S S ~ S 3 i i I i 1 I . I. 1 I 1 • r t .r • WORK OUTSIDE COUNTY RIGHTS-OF-WAYS FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS Name Address or Phone Location of Work to be Done Description of Work to be Done Signed McCRORY, Pat P.O. Box 561 Milllcan, TX 77666 East side of Kathy Flemming Road - in pasture east of Brazos County Land borrow pit Permission to enter private property for the purpose of constructing a diversion terrace from the McCrory pond to divert water from pond spillway into Brazos County pond. 02/11/94 \4 r r ~ K I Will • i•• • R.J. Hobroeen Date 2- i I- 9 4 County Judge Gary Norton Pre°na I BRAZOS COUNTY wah earn: PRIVATE PROPERTY ACCESS P`Kii°Z PERMISSION FORM Raney Sm Pn &M Prod= urnw I. LAND OWNER AND ADDRESS Pi } M F Cie s S - 2-47/3 CCounVE~ngiraw ~O. 0., SSI lt,I(it.-. Tx 778LG II. LOCATION OF WORK Easy c:,~ n} kit4w Flam. AA d- - /n d.,J, r1t4 rS rAi.w III. DESCRIPTION OF WORK TO BE DONE G . ~J...~ J-;.r« , lr•-,. _ a IV. MAINTENANCE YESNO IF YES, ESTIMATED FREQUENCY OF MAINTENANCE QUIT J R~u~sa~~ fo ' p717w~a7it ~G/r~« ~/t!.rr >f' _e~nS1Q~. (OWNER WILL BE NOTIFIED P R'10& TO MAINTENANCE P.E., C.E. (Ed) Iverson Brazos County Engineer Engineering Aide OWNER ~ Tlry ~4/t c"e., DATE 3 S'y /c, REV 02/89 VC) PAGE 29.2 2817 Highway 21 West Bryan, Texas 77803 (409) 822-2127 r ■ ti t - I I- I 0 i I