HomeMy WebLinkAbout1997-09-30-0900AM-Regular•
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BRAZOS COUNTY. BR ose -�I cc. OUSE
BRYAN. TEXAS OEPUTY
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
' THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
SEPTEMBER 30, 1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF
THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county- related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for discussion.
(A record is made of the meeting; therefore, please give your name and address for the
record.)
r • 4. Presentation of Proclamation.
Consider and take action on agenda items S - 19:
S. Budget Amendment 96/97 -43.
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6. Personnel Change of Status.
7. Payment of Claims.
8. Recommendations by the Salary Grievance Committee for the following officials:
a. Isaac Butler, Jr., Constable, Precinct 5
b. Duane Peters, Constable, Precinct 4.
9. Lease Agreement for office space for Justice of the Peace, Precinct 3.
10. Request by the Agricultural Extension Agent for out -of -state travel to attend the Oklahoma
State Fair in Tulsa, Oklahoma on October 1 -2, 1997.
11. Exemption from the Health Insurance Portability and Accountability Act of 1996.
12. Authorization for County Attorney to apply for a Texas Department of Transportation
grant.
13. Blanket Purchase Orders.
14. Local Funding Commitment for Participation in the Texas DOQQ Project.
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Commissioners Court Meeting Agenda
September 30, 1997
Page Two
15. Award the following bids:
a. Bid No. 97 -054: Annual Contract for Janitorial Supplies
b. Bid No. 97 -058: Purchase of Wheel Loader
c. Bid No. 97 -059: Purchase of Track Loader
d. Bid No. 97 -060: Purchase of Backhoe- Loader
16. Contract negotiations for Utility Bill Auditing Services, RFP No. 97 -055.
17. Brazos County submission of a request to Texas Department of Agriculture to amend
Texas Herbicide Law, Chapter 75, and Regulations, Chapter 11, to clarify the boundaries
of regulated areas of Brazos County.
18. Request from Ferguson - Burleson County Gas Gathering System to place a road bore for
steel pipeline installation in the right -of -way of High Prairie Road approximately 0.5 mile
south of its intersection with FM 2154. Site is located in Precinct 1.
19. Approval of Treasurer's Reports for March, April, May, June and July, 1997 and
Quarterly Reports for quarters ending March 31 and June 30, 1997.
20. Call for citizen input and/or concerns.
21. Announcement of interest items and possible future agenda topics.
22. Adjourn.
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The Courthouse is wheelchair accessible. Handicap. parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 3614102.
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BR.AZOS COUNTY
BRYAN. TEXAS
ADDENDUM
TO
BRAZOS COUNTY COMMISSIONERS COURT MEETING
1
AGENDA
SEPTEMBER 30, 1997
1. Consider and take action to cancel existing contract for armored car services and award
new contract for same.
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COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 30, 1997
A regular 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 Tuesd ay, September 30, 1997, with the following
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members of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Sims gave the invocation and led the pledge
of allegiance.
There was no citizen input and /or concerns.
The County Judge read aloud a Proclamation designating
the month of October as "Brazos Arts Month ". The Court joins '
with the Brazos Valley Arts Council in urging all citizens to
r participate in and celebrate the cultural riches the Brazos
Valley has to offer. The County Judge then presented the
} signed Proclamation to Ms. Patricia Gerling, representing the
Arts Council.
The Court next considered Budget Amendment #96/97 -43.1
through 43.7, which would reallocate funds budgeted for
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Computer /Network Services, Constable Precinct 4, Non
Departmental, transfer funds from Contingency to Jail
! Administration; increase the interest revenue for Road &
Bridge C.O. Series 96, increase the C.O. Debt service, and
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amend the Juvenile Services budget. On motion by Commissioner
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unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
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Commissioners Court meeting September 30, 1997
The Court proceeded to consider the change of status of
the following employees.
NAME
DEPARTMENT
REASON
Clay, Bill
Brazos Center
Discharged
Beachy, John
Brazos Center
Resignation
Gallagher, Deanna
Brazos Center
Lateral Trans
Palomares, Maria
County Clerk
New Employee
Glenn, James
Const. 7
Pos Terminated
Howard, Charlie
Const. 7
PT /trans
Saxon, Vickie
Const. 7
New Employee
Lindholm, Patricia
Juvenile Serv.
New Employee
Broecker, Rebecca
Juvenile Serv.
New Emp Temp
Groot, Cynthia
Juvenile Serv.
Promotion
Smith, Portia
Juvenile Serv.
L /Trans in dept
Galindo, Humerto
Road & Bridge
New Emp Temp
Richardson, C.
Tax Office
New Emp P/T
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
97- 010607 through 97- 010845
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
The Court proceeded to consider the recommendation of the
Salary Grievance Committee for the following officials:
a) Isaac Butler, Jr., Constable, Pct 5 -
Commissioner Jones moved to approve a
salary of $32,000 for Constable Butler,
Commissioner Sims seconded the motion.
Commissioners Jones, Thornton, Sims and
the County Judge voted "Aye ". commis-
sioner Cauley voted "No ". The motion
carried.
b) Duane Peters, Constable, Pct 4 -
Commissioner Jones moved to approve a
salary of $40,032 for Constable Peters.
Commissioner Sims seconded the motion.
Commissioners Jones, Thornton, Sims and
Cauley voted "Aye ". The County Judge
voted "No ". The motion carried.
The Court next considered renewal of a lease agreement
between Brazos County and Fred Keller of Brazos County for
rental of office space in the building located on 8991 East
Highway 21, in Bryan, Texas, for the use of the Justice of the
Peace for Precinct 3. Term of the lease is for the period of
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Commissioners Court meeting September 30, 1997
one year commencing on October 1, 1997 and ending on September
30, 1998. The County agrees to pay to Mr. Fred Keller the
amount of seven hundred fifty dollars ($750.00) per month. On
motion by Commissioner Thornton, seconded by Commissioner
Sims, the Court voted unanimously to renew the lease agreement
between Brazos County and Mr. Keller for the period stated
above. A copy of the lease agreement is attached. It was
noted that a new location will have to be found due to the
widening of State Highway 21.
The next matter for consideration by the Court was a
request submitted by the County Agent, Dr. Jim Mazurkiewicz,
requesting approval for out of state travel for himself. Dr.
Mazurkiewicz would be traveling to Tulsa, Oklahoma to attend
the "Oklahoma State Fair" October 1 and 2, 1997. Dr.
Mazurkiewicz will be observing antibody assay a test for
livestock identification. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to grant the request from the County Agent and approved
payment of out of state travel expense for Dr. Mazurkiewicz.
The Court next considered an exemption from the Health
Insurance Portability and Accountability Act of 1996. A new
federal law imposes certain requirements on group health
plans, such as a plan is limited in imposing preexisting
conditions exclusions on new enrollees, must offer employees
and dependents the opportunity to enroll in the plan outside
of annual /open enrollment periods in certain situations, and
cannot discriminate on the basis of health status with respect
to eligibility for plan participation and premium costs. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to be exempt from the requirements
previously noted for the plan year beginning July 1, 1997 and
ending June 30, 1998. A copy of the Exemption is attached
hereto.
The Court next considered adopting a Resolution
authorizing application to the Texas Department of
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Commissioners Court meeting September 30, 1997
Transportation for a grant to reduce alcohol related crashes
involving minors. The grant is to be administered by the
County Attorney's office. Such grant to be in the amount of
$60,000.00, 75% ($45,000) federal funds and 25% ($15,000)
local funds. On motion by Commissioner Jones, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the County Judge to make application on behalf of Brazos
County to the Texas Department of Transportation and accept on
behalf of Brazos County such grant funds as may be tendered.
A copy of the resolution is attached hereto.
The Court proceeded to consider the following blanket
Purchase Orders:
C. $1,000 to Target for office /cleaning
' supplies
d. $1,000 to Quill for office supplies
f. $600 to Texas Communications for radio
repair
g. $1,000 to K.D. Timmons for vehicle
maintenance
h. $1,000 to Video Systems Plus for repair
and maintenance on camera and
surveillance equipment
i. $500 to GT Distributors for law
enforcement supplies
J. $600 to Wal -Mart for office /K -9 supplies
k. $7,500 to Sysco for food /detention
supplies
1. $2,250 to Scarmardo Produce for
r i food /detention supplies
M. $1,000 to Quill Corp. for office supplies
n. $1,000 to Mike's Grocery for lunches at
Juvenile Programs and Board meetings
o. $560 to Lilly Dairy for food /milk
p. $500 to Butterkrust for food /bread
q. $8,500 to Dr. Carol Brackett for
1 psychological evaluations
r. $1,000 to Bob Barker Co. for detention
supplies
S. $3,000 to Advantage Rental Car for car
and van rentals
t. $1,050 to Wal -Mart for detention
supplies, health program supplies, and
food supplements
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U. $750 to Educational Supplies for office
supplies, miscellaneous supplies
V. $7,000 to White Swan for food /detention
supplies
W. $8,500 to Dr. Dewayne Taylor for
k i psychological evaluations
i.4 aa. $3,000 to B.I.S.D. for boot camp meals
bb. $2,500 to Art of Living for counseling
kV services
cc. $1,000 to Mission Uniform for
uniform /floor mat rental
' dd. $1,000 to Tom's BBQ for jury food
jee. $1,000 to Farmers' Markert for jury food
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Commissioners Court meeting September 30, 1997
ff. $700 to Frank's Electric for new motors
and motor repair
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The next matter before the Court was approval of a local
funding commitment by the Road and Bridge Department for
participation in the Texas Digital Orthophotographic Quarter
Quadrangles (DOQQ) Project. The Department of Information
Resources will provide DOQQ's for the amount of $2,193.00.
These maps shall meet US Geological Survey National mapping
Division cartographic standards. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to approve a local funding commitment by the Road
and Bridge Department for participation in the Texas DOQQ
Project. A copy of the commitment is attached hereto.
The Court next considered awarding the following bids:
Bid No. 97 -054 - Annual Contract for Janitorial Supplies
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid from
Unisource for Toilet Tissue Rolls; the
bid from National Sanitary Supply for
Multifold Towels;, the bid submitted by
Ray Criswell for Paper Towel Rolls; and
the bid submitted by Apollo Paper for
Paper Wipes. On motion by Commissioner
Sims, seconded by Commissioner Cauley,
the Court voted unanimously to accept the
recommendation of the Purchasing Agent
and award the contracts as stated. A
copy of the bid tabulation is attached
hereto.
Bid No. 97 -058 - Purchase of Wheel Loader
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid from
Mustang Tractor. Although this was the
highest bid, the Purchasing Agent made
this recommendation because of the
guaranteed maximum total cost of repairs
and the buy -back option. Mr. Jack
Seeley, representative of Stewart &
Stevenson addressed the Court on the
recommendation of the Purchasing Agent.
Stewart & Stevenson did not offer the
buy -back option because the company was
being transferred. On motion by
Commissioner Sims, seconded by
Commissioner Jones, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
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Commissioners Coj�rt meeting September 30, 1997
contract to Mustang Tractor with the buy-
back option. A copy of the bid
tabulation is attached hereto.
Bid No. 97 -059 - Purchase of Track Loader
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid from
Mustang Tractor. On motion by
Commissioner Sims, seconded by
Commissioner Cauley, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to Mustang Tractor. The Court
has the optional decision to return the
track loader at the end of 3,4 or 5 years
and will waive the performance bond. A
copy of the bid tabulation is attached
hereto.
Bid No. 97 -060 - Purchase of Backhoe- Loader
Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid from
Mustang Tractor. On motion by
Commissioner Sims, seconded by
Commissioner Cauley, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to Mustang Tractor. The price
is contingent on returning the backhoe at
the end of 3 years. The Court will waive
the performance bond. A copy of the bid
tabulation is attached hereto.
The next matter before the Court was consideration of
request from the Purchasing Agent for approval to enter into
contract negotiations for Utility Bill Auditing Services, RFP
97 -055. The Purchasing Agent received only one bid for this
service. In a memo to the Court she asked for approval for
formal contract negotiation with MakeSense, Inc. and to allow
the Purchasing Department to work with a civil attorney in
order to develop a contract for these services. On motion by
Commissioner Thornton, seconded, by Commissioner Cauley, the
1 Court voted unanimously to approve formal contract negotiation
H with MakeSense, Inc. and to allow the Purchasing Department to
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!� work with a civil attorney to develop a contract for these
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jservices.
The next matter before the Court was a request from the
Road and Bridge department for approval to make a submission
s '�• to the Texas Department of Agriculture to amend Texas
Herbicide Law, Chapter 75, and Regulations, Chapter 11, to
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Commissioners Court meeting September 30, 1997
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clarify the boundaries of regulated areas of Brazos County.
Don Renchy, TAMU, explained the purpose of the request. It
was the consensus of the Court to form a committee to study
the law. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to table
consideration for further study.
The Court next considered the request from Ferguson -
Burleson County Gas Gathering System to place a road bore for
steel pipeline installation in the right -of -way of High
Prairie Road approximately 0.5 mile south of its intersection
with FM 2154. The site is located in Precinct 1. Included
with the request is company check #8838 in the amount of
$500.00. The County Engineer stated that all appeared to be
in order and recommended approval. On motion by Commissioner
Jones, seconded by Commissioner Sims, the Court voted
unanimously to approve the request from Ferguson- Burleson
County Gas Gathering System and authorized the installation.
A copy of the request is attached hereto.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to receive, approve and
ordered filed as submitted, the Treasurers' reports for March
and April, 1997 and Quarterly Report for quarter ending March
31, 1997. A copy of each report is attached to and made a
part of these minutes.
There was no citizen input and /or concerns.
The Court next proceeded to the Addendum to the Brazos
County Commissioners Court meeting agenda of September 30,
1997. The Court considered canceling the existing contract
for armored car services and awarding a new contract for same.
In a memo from the Community Supervision and Corrections
Department, the Fiscal Officer informed the Court that three
(3) employees of Triple D Security Corporation have arrest
records in Brazos County. She recommended that the contract
with Triple D Security be rescinded immediately because there
are inadequate procedures for checking the criminal
6E.,
I Commissioners Court meeting September 30, 1997
backgrounds of the employees of the company. The Purchasing
Agent also recommended rescinding the action awarding the
contract. Norman Semang and Paul Mitchell, representatives of
Triple D Security stated that their company has followed
procedure to employ security guards and that they have
submitted a proper bid. On motion by Commissioner Jones,
seconded by Commissioner Sims, the Court voted unanimously to
rescind the action awarding the contract to Triple D Security.
The Purchasing Agent then recommended entering into contract
with Star Armored. On motion by Commissioner Jones, seconded
{ by Commissioner Sims, the Court voted unanimously to enter
into contract with Star Armored for the transport of currency,
coin, negotiable instruments and other documents from the
County Treasurer's office, the Community Supervision office,
and offices of the Justices of the Peace Precinct 7 Place 1
and 2 and deliver to Norwest Bank. A copy of the contract is
attached hereto.
There was no citizen input and /or concerns.
The following comments were made:
1) Commissioner Jones - wanted to see future agenda
items addressing the salaries of the Justices of
i the Peace and Constables.
2) Commissioner Sims - asked the status of the Wild
` Animal Ordinance.
3) County Judge - spoke on the need for a policy on
the utilization of County automobiles
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held September 30, 1997 have been examined and are approved in
open Court this the o2�` day of
in Bryan, Brazos County, Texas.
C:tet=!2�
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Alvin—W. Jones
County Judge
. Thornton
Commissioner, Precinct 2
t4ftey Ca ley, Jr.
Commiss oner, Preci c 4
J
i , Precinc_ti 1
ioner, Precinct 3
Vary Adh Ward
County Clerk
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BRAZOS ,COUNTY COMMISSIONERSV' .`MEETING ON 3a� �qq�
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;BRAZOS COUNTY COMMISSIONERS' MEETING ON Seri- 3 ab /q47 AT ,9
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BRAZOS COUNTY, TEXAS-
BUDGET AMENDMENT(S) FOR THE 1996 -1997 BUDGET YEAR
NO. 96/97 -43.1 through 43.7
On this the 30th of September 1997 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on Septembers 30, 1997 the Court heard and
approved a budget amendment for the 1996 -1997 budget year for
Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted August 8, 1996
the following amendment(s) to the original are hereby authorized,
as described on the attached page(s).
ADOPTED AND APPROVED this the 30th day of September 1997.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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BUDGET AMENDMENTS
NO. %/97 - 43.1
9/30/97
FD DIVISION ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
O1 140001 721550 Dr Consulting $ 32.00
O1 140001 611100 Cr Conference $ 32.00
Computer and Network Services
To reallocate budget line items to allow for line item ovcrage.
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BUDGET AN ENDME
NO. %/97 - 43.2
9/30/97
FD
DIVISION
ACCT
PROJ
DR/CR
ACZ
01
304001
659500
Dr
Vehicle 1
01
304001
610600
Cr
Bonds
01
304001
611100
Cr
Conferet
O1
304001
618010
Cr
Travel
Constable Precinct 4
To reallocate budget line items to allow for increased needs.
VOL
;JNT NAME Increase Dame
ntenaace $ 995.00
$ 200.00
fees $ 661.00
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;JNT NAME Increase Dame
ntenaace $ 995.00
$ 200.00
fees $ 661.00
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BUDGET ANiFrIDMENTS
NO. %/97 - 43.4
9/30/97
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BUDGET AMENDMENTS
NO. 96/97 - 43.5
9/30/97
FD DIVISION ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
47 450100 Cr Interest- Accounts $ 18,000.00
47 450500 Cr Intcrest- Investmcnts $ 35,000.00
47 6350 656800 635096 Dr R &B Projects $ 51,800.00
47 6350 919900 635096 Dr Cost of Issuance S 1,200.00
Road and Bridge C. O. Series 96
To increse the interest revenue budget to account for additional monies earned for the fiscal
year ending 9/30/97. Also, to increase the expenditure line items by the same amount to allow
for increased spending and overages for the same year.
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BUDGIET AblumRawn
NO. %197 - 43.6
9/30/97
FD
DIVISION
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
44
6320
807500
632096
Dr
Architectual Fees
$ 15,000.00
44
490150
632096
Cr
Tsf.from Capital Improve.
$ 35,000.00
44
6320
919900
632096
Dr
Cost of Issuance
$ 2,100.00
44
6320
803600
6320%
Dr
Juv Detention Facility
S 17,900.00
Juvenile Detention FacWty
45
1630D05
914500
Dr
Tsf.to Juv Detention Fac
$ 35,000.00
45
1630005
809500
Cr
Exposition Center
$ 35,000.00
Capital Projects Fund
To amend the Juvenile Detention Facility budget to increase the funds needed to be transfered
from the Capital Projects Fund. This transfer includes the estimated expenditures
to complete this
project through the end of fiscal year ending Se t.30, 1997.
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BUDGET AMENDMENTS
NO. 96/97 - 43.7
9/30/97
FD DIVISION ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
41 600001 853000 Dr Agent Fees $ 800.00
41 401200 Cr Taxes- Penality & Int $ 800.00
G.O.Debt Service
To increase line item budget to allow for expenditures not anticipated.
VOL
LEASE AGREEMENT
This lease Agreement is made and entered into this First day of October, 1997, by and between FRED
KELLER of Brazos County, heroin called 'Lessor',and BRAZOS COUNTY, TEXAS herein called 'Lessee'.
In consideration of the mutual covenants and agreements heroin set forth, and other good and valuable
consideration. Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the
following described premises located in Brazos County, Texas:
Office space (approximately 1760 sq. ft.) in the building located on 8991 Fast Highway 21, Bryan, Texas
77803, to include water and sewer along with restrooms. It will also provide handicap access.
TERM
The term of this lease shall be for a period of one year, commencing October 1, 1997 and ending on
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September 30, 1998.
RENT
Lessee agrees to pay to Lessor as rent for the leased premises the sum of $750.00(Seven Hundred Fifty
Dollars) per month on the first of each month.
USE OF PREMISES
The leased premise shall be used only as an office and Lessee shall not permit the leased premises or
any part thereof to be use for: (a) the conduct of any offensive, noisy, or dangerous activity that would increase
the premiums for rare insurance on the leased promises; (b) the creation or maintenance of a public nuisance;
(c) anything which is against public regulations or rule of any public authority at any time applicable to the
leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the
rights of other tenants or adjoining property owned by Lessor, nor shall the leased promises be
occupied by any person or persons other than the person or persons authorized by Lessee.
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total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within
ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements
or cancel this lease and return any unearned rent previously paid by Lessee under this lease.
CONDITION OF PREMISES
Lsssoe stipulates that the leased premises, as well as all building and improvements located thereon, are
at the date of this lease in good order, repair and a safe and clean condition.
UI'ILITffS
All charges for electricity, water and other utility services shall be paid by Lessee.
IMPROVEMENTS PROPERTY OF LESSOR
All alterations, changes, and improvements built constructed, or placed in the leased premises by Lessee,
other than movable personal property shall, unless otherwise provided by written agreement between Lessor and
Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of
this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their
original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any
such alteration, change, or improvements on the leased premises without having first obtained the written consent
of Lessor.
ASSIGNMENT AND SUBLE 17MG
Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first
obtaining the written consent of Lessor. which consent shall not be unreasonably withheld. ' A consent by Lessor
to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting.
An assignment or subletting w;ahout the written consent of Lessor. shall be void and shall, at the option of the
Lessor. terminate the lease.
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LESSEE'S RIGHT TO PERFORM
In the event Lessor violates or fails to perform any provisions or agreements of the lease to be
performed or complies with by Lessor, and such violation or failure continues for fifteen (15) days after written
notice thereof to Lessor, Lessee may. in addition to all remedies available to it, be entitled to perform on behalf
of Lessor and deduct all such payments from the rent.
DEFAULT BY LESSEE
Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable
under this lease or in the performance of any other provision of this lease and such default continues for thirty
(30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in
the manner provided by the laws of the State of Texas in effect at the date of such default.
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HOLD OVER
At the expiration of this lease. should Lessee hold over for any mason whatsoever. it is hereby agreed
that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only
under the same conditions and at the same monthly rental as provided heroin.
SUBORDINATION OF LEASE
This lease and Lessee's leasehold interest under this lease are and shall be subject. subordinate. and
inferior to any lien or encumbrance now on the leased premises by Lessor.
RIGHT OF INSPECTION
Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the
leased premises for the purpose of inspecting them and all building and improvements thereon; provided however
that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law.
PARKING
Ample space will be provided for parking vehicles.
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NOTICES
Any and all notices or other communication required or permitted by this lease to be served on or given
to either party to this lease by the other parry hereto shall be in writing and shall be deemed duly served and
given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when
deposited in the United States Mail, postage prepaid, addressed to Lessor, Fred Keller, at 8032 East State
Highway 21. Bryan, Texas 77803, addressed to Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-
5317 until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner provided for in this paragraph.
USE OF OFFICES
The leased premises are to be used as office space for the Justice of the Peace for Precinct Three (3)
of Brazos County.
LOCATION FOR RENT PAYMENT
Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent
payable under this lease shall be paid to Lessor at 8032 East State Highway 21, Bryan. Texas 77806.
ATTORNEY'SFEES
Should any litigation be commenced between the parties hereto concerning the leased premises, this
lease, or the rights and duties of either parry in relation thereof. the parry prevailing in such litigation shall be
entitled, in addition to such relief as may be granted, to a reasonable sum as and for his attorney's foes in such
litigation.
TEXAS LAW TO APPLY
This agreement shall be construed under and in accordance with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Brazos-County.
LEGAL CONSTRUCTION
In case any one or me -e of the provisions contained in the agreement shall for any reason be held to
be invalid, illegal or unenforceable it shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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PRIOR AGREEMEN 73SUPERSEDED
'ibis agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties respecting the within subject matter.
A1�Nni�rrr
No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in
writing, dated subsequent to the date hereof, and duly executed by the parties hereto.
LESSOR:
FRED KELLER
B IdL
LESSEE:
ATTEST: BRAZOS 'COUN7Y
BY
AM;aryWard vin W. )ones
County Cierk County Judge
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X Federal Pass Through Misc. Contract: .. 5'001g
Grant Funds CFDA Ito 600 Charge Number
State Grant Funds PIN:
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEb ENT
THE STATE OF TEXAS •'
THE COUNTY OF TRAVIS ••
THIS AUEEMENT IS MADE BY and between the State of Texas. acting by and through the Texas Department
of Transportation, hereinafter called the Department, and Brazos County . hereinafter
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called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this
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agreement, The Subgrantee is designated as a(n) Local Government.
AUTHORITY: Article 6701] -1. Texas Civil Statutes, known as the Traffic Safety Act of 1967, and the Highway
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Safety Plan for Fiscal Year 9$.
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WITNESSETH
Project Title: Sell to Minor Sting Program
Brief Project Description: to =rate mobile videos in establishments to determine a sell of alcoholic bcvera=
to minors and to file criminal or administrative cases on the sellers /servers.
AGREEMENT
Grant Period: The Grant becomes effective on 10 -1 -97 or on the date of final signature,
whichever is later, and ends on _9 -30.98
Maximum Amount Eligible for Reimbursement: $ 45.000.00
from Fund Source: Federal 402
Estimated Budget: Federal State Local
Labor $ 10.445.00 12.950.00
F
Other Direct Cost 34.555.00 2.050.00
Indirect Cost
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'-' — TOTAL S 45.000.00 15.000.00
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Project Year: 98
In addition to the Standard Provisions of the Agreement that follow, the following attachments am incorporated
.
as indicated as a part of the Grant Agreement:
v Description
-�, Attachment A, Appro ed Protect
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Attachment B. Approved Project Budget•
�. Attachment C, Standard Assurances
Attachment D, Debarment Certification
_ Attachment E. Lobbying Certification
1197
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IN WITNESS WHEREOF. THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EI'I:ECTUATE THIS AGREI:MI?Nl'.
THE SUBGRANTF.E
BRAZOSCOUNTY
(Legal Name of Subgranteel
By
[Signature)
ALVIN W. JONES. COUNTY JUDGE
[Name and Title)
[Signature]
MARY ANN WARD_ COUNTY CLERK
[Name and Title]
Under authority of Ordinance or Resolution Number
(for local governments):
THE STATE OF TEXAS
Executed for the Executive Director and approved for
the Texas Transportation Commission under the
authority of Minute Order No. 82513 and Admin-
istrative Circular 26-93 for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by the Texas Transportation Commission
under the authority of Minute Order No. 100002.
By /'�Z -*7
District Ert6inecr
Texas Department of Transportation
(For local projects under W.000 or recommended for
approval for grants $50.000 or greater.)
Date 0-1T27 (e _ �1
By
Director, Traffic Operations Division
(Not required or local grans under $50.000.)
Date
Mailine Addresses
For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports,
claims, and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits
of the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail
code accordingly and notify TxDOT of any changes.):
` For the Subgrantee: For the Texas Department of Transportation:
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300 E. 26th St. Ste, 325 1300 N. Texas Avenue
3 a Nn, : t : •7TH IiiiF:�tTtb�ll'.r
Page 2 of 11
11'97
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IN WITNESS WHEREOF,] III: PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGRE.ENI :NT
T11E SUBGRANTEE '11 IF, STATE OF TEXAS
BRAZOS COUNTY
(Legal Name of Subgrantee)
By o// t
!Signature) IF
ALVIN W. JONES_ COUNTY JUDGE
(Name and Title)
u Ma i-
(Signature)
MARY ANN WARD, COUNTY CLERK_
(Name and Title)
Under authority of Ordinance or Resolution Number
(for local governments):
Executed for the Executive Director and approved for
the Texas Transportation Commission under the
authority of Minute Order No. 82513 and Admin-
istrative Circular 26 -93 for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by the Texas Transportation Commission
under the authority of Minute Order No. 100002.
By
jO'DistriJ Erk6inecr
Texas Department of Transportation
(For lord projects under SM.000 or recommended for
approval for grants $".000 or greater.)
Date 0'.TO at52. (a . 9 7
By
Director, Traffic Operations Division
(Not required for local grants under M.000.)
Date
For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports,
claims, and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits
of the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail
code accordingly and notify TxDOT of any changes.):
For the Subgrantee: For the Texas Department of Transportation:
Mr. James M. Kuboviak Sarah Chamberland. T.S.S.
Brazos County Altornev's Office Texas Department of Transnortation
300 E. 26th St. Ste, 325 1300 N. Texas Avenue
_-ryan. TX 77803 @pin. TX 77803 -2760
e
1/97
Page 2 of 11
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
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ARTICLE I. RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A. Approved Project
Description, and in accordance with all tests and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE Z COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will
be deemed to be an estimate only and a higher amount can be reimbursed. subject to the conditions specified
in paragraph B hereunder. If Attachment B, Approved Project Budget. specifies that costs are based on a
specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified
method.
B. All payments made hereunder will be made in accordance with Attachment B. Approved Project Budget.
The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an
amount greater than 5% of the total reimbursable amount of the budget without a written agreement
amendment. However, the Subgrantee must provide written notification to the Department of a change of
5% or less, prior to payment of the Request For Reimbursement that includes the change, indicating the
amount and percent change and the reason(s) for it. The maximum amount payable shall not be increased as
a result of exceeding a budget category without a written grant amendment.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with
Attachment B. Approved Project Budget, within the time frame specified in Grant Period on page 1.
D. Payment of costs incurred under this agreement is further governed by one of the following cost principles.
as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:
• A -21. Cost Principles for Educational Institutions;
• A -87, Cost Principles for State and Local Governments; or.
• A -122. Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A. within 30 days after the end of the billing period. The Subgrantee will use billing statements
acceptable to the Department. The original billing statement and one copy is to be submitted to the address
shown on page 2 of this agreement.
F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of
the end of the grant period.
G. The Department will exercise all good faith to make payments within thirty days of receipt of properly
prepared and documented requests for payment. Payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that
the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for
funding assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost assumption
plan by the end of the first twelve months. This plan will include a schedule for phasing in funding from its
own resources and the phasing out of funding support from the Department. All plans must be approved by
the Department before any extension beyond the three year limit will be granted." Preference will be given to
those projects for which the Subgrantec has assumed some cost sharing by the end of the first twelve months,
and to those which propose to assume the largest percentage of subsequent project costs.
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'I I:XAS TRAFFIC SAI -F]'Y PROGRAM (IRAN I' AGREEMIiNT
Certain categories of funds may be exempted by the federal government from the time limit requirement.
Unless exempted, all federally- funded agreements are considered to be subject to the time limit provision.
Funding support for all state- funded projects will be limited to the term of the agreement. Any extension
beyond that time will be negotiated on a case -by -case basis.
ARTICLE 3. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon
the avail4liV of funds.
If at any time during the agreement period the Department determines that there is insufficient funding to continue
the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the
Department, and as further specified in General Provision G9, Termination.
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits
by third parties arising from or incident to the Department's non - payment of the Subgrantee's claim under this
agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the
Department's non - payment of claims submitted under this agreement. The Subgrantee shall defend any suits
brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department
shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any
obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgrantee determine to continue project funding.
Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual
satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLE S. ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the
event that the Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and provide compensation for doing this work on the same basis as the original work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant.
ARTICLE 6. CHANGES IN WORT:
When the approved project description requires a completed work product, the Department will review the work
as specified in the approved project description. If the Department finds it necessary to request changes in
previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested
and directed by the Department. Such work will be considered as additional work and subject to the requirements
established in Article 5.
Page 4 of 11
VOL _LL,- PAGE - -dA7
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
If the Department finds it nece::sary to require the Subgrantee to revise completed work to correct errors
appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the
corrections.
ARTICLE 7. GENERAL 7'ERMS AND CONDITIONS
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GI. Indemnification
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To the ezXnL,permitted by law. the Subgrantee, if other than a State agency. shall save harmless the Department
from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The
Subgrantee also agrees to save harmless the Department from airy and all expenses, including attorney fees, all
court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Subgrantee. its agents or employees.
Further, to the extent permitted by law. the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and save harmless the Department from and against all claims. demands and causes of action of every kind and
character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death
to such employee resulting from any alleged negligent act, by either commission or omission on the part of the
Subgrantee or the Department.
G2. Inspection of Work
The Department and, when federal funds are involved. the U. S. Department of Transportation, and any
authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work
performed or being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is trade on the premises of the Subgrantee or a subcontractor, the Subgrantee shall
provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of
procurement entered in support of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for settlement with the
Executive Direcor acting as referee.
This agreement ,hall not be considered as specifying the exclusive remedy for any dispute or violation or breach
of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
G4. Noncolke ion
The Subgrante.: warrants that it has not employed or retained any company or person, other than a bona fide
employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage Fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or,
in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of
such fee, commission, brokerage fee, gift, or contingent fee.
4 Page S of 11 IN7
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'f1:XAS TRAFFIC SAFETY PROGItAM GIZANT AGREEMENT ;
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G5. Reporting
Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee
shall submit a performance report using forms provided or approved by the Department. The performance report
will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the
period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information
including, when appropriate, analysts and explanation of cost overruns or high unit costs.
The Subg&pntee shall submit the final performance report within 30 days after completion of the grant.
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The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon 4�
the agreement, including: I
1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives,
prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated
and any Department or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or
producing more work units than originally projected.
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G6. Records t
s
The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time period authorized in Article 1, Contract
Pcriod. The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United
states Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period
but shall last as long as the records are retained. If'any litigation, claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantee shall
retain the records until completion of the action and resolution of all issues which arise from it. j
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502,
ensuring that the single audit report includes the coverage stipulated in the following, as appropriate:
• Paragraphs 6, 8, and 9 of OMB Circular A -128, 'Audits of State and Local Governments,' or,
• OMB Circular A -133, 'Audits of Institutions of Higher Education and Other Nonprofit Institutions.'
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a pan of the Subgrantee's organization shall not be ;
executed without prior authorization and approval of the subcontract by the Department. '
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will
relieve the Subgrantee of its responsibility under this agreement.. ;
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G9. Termination
The Department may terminate this agreement at any time before the date of completion whenever it is
determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department awl
give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the
effective date of termination and the reason for termination.
If both parties to this agreement agree that the continuation of the agreement would not produce beneficial
results c%prtunsurate with the further expenditure of funds, the parties shall agree upon the termination
conditions, including the effective date and the portion to be terminated.
Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or
unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the
Subgrantee shall, at the option of the Department, become the property of the Department.
The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period
which are directly attributable to the completed portion of the work covered by this agreement, provided that the
work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur new obligations for the terminated portion after the effective date of termination.
Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in
performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in
the performance of the work) if such failure arises out of causes beyond the control and without the default or
negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy.
acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or negligence of the Subgrantee.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any
benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with
the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that
have received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreements. _
GIL Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations,
and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the
performance of this agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith.
G 12. Successors and Assigns
The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the
other parry to this agreement and to the successors, executors, assigns and administrators of such other party in
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
,
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G13. Ownership of lkuuments
Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the
Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches,
photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to
the Department without restriction or limitation of their further use.
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment to performance the
work required under this agreement, or will be able to obtain such personnel from sources other than the
Department.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to
perform the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the
duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent,
or whose conduct becomes detrimental to the work, shall immediately be removed from association with the
project.
GIS. Property Management
The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of
any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own
property management procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards, as appropriate, in:
• 49 CFR 18, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments,' or,
• OMB Circular A -110, 'Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations.'
tj16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of:
• 49 CFR 18, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments,' or,
• OMB Circular A -110, 'Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organisations.'
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and
shall maintain the insurance during the grant period established in Article 1.
G18. Equal Employment Opportunity
The Subgrantee agrees to comply with Executive Order 11246 entitled 'Equal Employment Opportunity' as
amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60).
Page 8 of 11 1197
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENI
G19. Nondiscrimination
During the performance of this agreement. the Subgrantee, its assigns and successors in interest. agrees as
follows:
1. Coin Hance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations,
Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time
(hereinafig Leferred to as the Regulations), which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement. shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontrncts, Includine Procurement of Materials and Enuinment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier
shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports: The Subgrantee shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the Department or the U.S. Department of
Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any
information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this
information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantce under the agreement until the Subgrantee complies, and/or
• cancellation, termination, or suspension of the agreement to whole or in pan
6. Incorp2mition of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every
subcontract. -including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Subgrantce may request the Department
to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the
United States to enter into such litigation to protect the interests of the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR
23, Subpart A. shall have the maximum opportunity to participatq in the performance of contracts financed in
whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23,
exclusive of Subpart D. apply to this agreement as follows:
• The Subgrantce agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A.
have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in pan
with Federal funds. In this regard, the Subgrantce shall take all necessary and reasonable steps in accordance
Page 9 of 11 1197
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TEXAS 'TRAFFIC SAFE f Y 11ROGRAM GRANT AGREEMENT
with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum
opportunity to compete for and perform contracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of contracts funded in whole or in part with Federal funds.
i
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the
notificatiWr of the Department, may result in termination of the agreement by the Department or other such
remedy as the Department deems appropriate.
G21. Debarment /Suspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any parry which is
debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, Debarment and Suspension.
The Subgrantee shall require any parry to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the
certification.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for
which she/he has executed this agreement and that she/he has full and complete authority to enter into this
agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement,
or within thirty days, he /she will sign a letter designating signature authority by position title for grant - related
documents other than the grant agreement or grant agreement amendments. These other grant- related documents
will include, but not be limited to, the following: cost assumption plan, application for project extension,
administrative evaluation report, requests for reimbursement (RFR), and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Intellectual Property
Intellectual prnperry consists of copyrights, patents, and any other form of intellectual property rights covering
any data bases, software, inventions, training manuals, systems design, or other proprietary information in any
form or medium.
Copyrights: TxDOT, the (other party to the contract], and the federal government reserve a royalty-free,
nonexclusive. and irrevocable license to reproduce, publish, or otheru use use and to authorize others to use for
government purposes:
• the copyright in any works developed under this agreement or under a subgrant or contract under this
agreement; and,
• any rights of copyright to which the [other party to the contract]. its subgrantee, or contractor purchases
ownership of with financial assistance hereunder.
Page 10 of H 1197
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401.
The standard patent rights clause at 37 CFR ¢401.14 as modified below is hereby incorporated by reference:
• the terms 'to be performed by a small business firm or domestic nonprofit organization* shall be deleted
from paragraph (g)(1) or the clause;
• Paragraphs (g)(2) and (p)(3) of the clause shall be deleted; and
Paragraph (1) of the clause entided'Communications., shall read as follows:
(1) Communications. All notifications required by this clause shall be submitted to TxDOT.
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ATTACHMENT A
APPROVED PROJECT DESCRIPTION
BRAZOS COUNTY
SUBGRANTEE
I. AUTHORIZATION:
This grant implements Task E of 98 -02 -02 of the FY97 Highway Safety Plan.
II. PROBLEM STATEMENT:
Drivers in the 18 to 21 year group comprise the peak high risk of impaired driving
groups. Night clubs and music halls that serve alcohol on- premise to minors increase
the risk of fatal and injury crashes on the highway. Establishments that sell alcohol to
be consumed off - premises comprise a large segment of the sale of alcohol to minors.
Both of these programs will be run in coordination with the Texas Alcoholic Beverage
Commission. These programs will deter licensed establishments from selling alcohol
to minors by arresting the server /clerk and/or filing administrative charges against the
selling establishments to suspend their alcohol licenses.
The Save City/Save County weighted rank with respect to the severity of the problem
in the alcohol related crashes for this county is 32.
This is the third year the Subgrantee has received federal 402 funds for this project.
Ill. OBJECTIVE(,
WiHtin the Subgrantee's jurisdiction
A. To develop an interagency task force in utilizing video equipment for sting
operations in establishments that serve /sell for off - premises consumption
alcoholic beverages to minors under the legal drinking age:
B. To reduce the number of establishments that sell alcoholic beverages to minors
by issuing citations and /or administrative cases against the establishments that
are found to sell alcoholic beverages to minors.
7/97 page 1 of S
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C. To increase the law enforcement activities on alcoholic beverage licensed
retailers in Brazos County.
IN. RESPONSIBILITIES OF THE SUBO ANTF.E•
A. Carry out the objectives of this grant by implementing the Action Plan in this
Attachment.
B. All newly developed public information and education (PI&E) materials must be
submitted to the Department's Traffic Operations Division, Traffic Safety
Section, for written approval prior to final production. Reproduction of
National Highway Traffic Safety Administration or other federal government
endorsed material already approved is permissible without Department
approval. Prior to the development of any materials, the Subgrantee will
contact the Department regarding the procedures for producing, distributing,
maintaining, and reporting on the use of PI &E materials.
C. An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department as
indicated in the Action Plan to present status of activities, discuss
problems and schedule for the following quarter's work.
2. The projcct coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
E. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip. A
copy of the documentation of that approval must accompany the Request for
Reimbursement. Grant approval does not satisfy this requirement.
F. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
7/97
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G.
Ensure that salaries for employees reimbursed under this grant will in no way
supplant (i.e., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
`
state funds.
V. RF_SPONSIBII.TI'IE_S
OF THE DEPARTMENT:
A.
Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B.
Provide program management, technical assistance and attend meetings as
r
appropriate.
C.
Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the agreement.
D.
Perform an administrative review of the project at the close of the grant
period to include a review of adherence to budget, Action Plan and attainment
of objectives.
VI. PERFORMANCE
INDICATORS:
The following performance indicators, when applicable, shall be included in each
Performance Report and summarized in the Administrative Evaluation:
A.
Number of minor sting operations conducted.
B.
Number of citations filed on sellers /servers for selling or providing alcoholic
beverages to minors.
C.
Number of administrative cases filed on establishments that sell /serve alcoholic
beverages to minors.
7/97 page 3 of S
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- ._ �., r •...— �- Q- rn•,..... -.. -rte-. _ -r -. - -•-�•- _- - •�. + -,-.,. ___ _ __ __�. .. _. �-- _� _ _ _ _. _ .. _ _ _ _ - � _ �__ �_ _. _ _ _ .�. _ •_ ._. �--•- _
FY 1998
ACTION PLAN '
r OBJECTIVE: To operate sting program. KEY: P = planned activity
C = completed activity
R = revised
. r
TASK: To fulfill administrative and general trant requirements. r
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ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC
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1. Grant delivery meeting held.
Department
P
2. Requests for Reimbursement submitted.
Subgrantee
p
p
p
P
p
p
P
p
p
P
p
p
p
P.
3. Performance and Annex Reports submitted.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
P
4. Grant progress review meeting.
Subgrantee 8[
Department
P
P
P
S. Conduct on -site monitoring visit.
Department
P
6. Submit letter regarding signature authority.
Subgrantee
P
7. Submit Cost Assumption Plan.
Subgrantee
P
8. Administrative Evaluation submitted.
Subgrantee
P
9. Submit mileage rate documentation
Subgrantee
p
P
IO.Develop Interagency Task Force
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
11. Conduct Sting Operations
Subgrantee
Y
P
P
P
P
P
P
P
P
P
P
P
.9/96
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ACTION PLAN
OBJECTIVE: To provide educational materials to establishments that sell
j� alcoholic beverages.
I
! TASK: Conduct public information and education (PI &E) activities.
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KEY: P = planned activity
C = completed activity
• r = revised
•
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ACTIVITY
RESPONSIBLE
PROJECT MONTH +
OC
NO
DE
JA
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MR
AP
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1. Contact the Department regarding PI &E
procedures and planning.
Subgrantee
P
P
2. Determine types of materials needed.
Subgnntee
P
P
3. Develop proposed materials.
Subgnntee
P
P
P
P
P
P
P
P
P
4. Submit proposed materials and the PI &E
plan to the Department for 2pproval.
Subgrantee
P
P
P
P
P
P
P
P
P
5. Approve materials and plan.
Department
P
P
P
P
P
P
P
P
P
6. Produce/distribute materials.
Subgrantee
P
P
P
P
P
P
P
P
P
7. Maintain records of all PI &E matrerials
received /distributed.
Subgrantee
P
P
8. Report on activities.
Subgnntee
P
P
P
P
9. Conduct news conference(s).
Subgnntee
10. Issue nears release(s).
Subgnntee
11. Conduct presentations.
Subgrantee
12. Participate in community events (i.e.,
health or safety fairs, booths).
Subgrantee
.9/96
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APPROVED PROJECT
BUDGET ATTACEMIENT B
Brazos County
SUBGRANTEE
(Round figures to nearest $)
w '
I LABOR COSTS:
Local/
Federal State
Funds Funds TOTAL
BUDGET CATEGORY -
(100) des
(Full-time)
1. Project Coordinator
$ 5.5 .00 $ 9.700.00 $ 15.200.00
2. Undercover Minors (Parttime)
® $15.00 per hour
$ 3.240.00 $ $ 12400.00
3. Secretary (4% time)
® $12.54 per hour
$ $ 1- 000.00 $ 1- 000.00
TOTAL (100) SALARIES
$ 8,740.00 $ 10.700.00 1-12.440.00L
(200) Fringe Benefits
1.Project Coordinator
$ 750.00 $ 2- 250.00 $ 3,000.00
2.Undercover Minors (Parttime)
$ 455.00 _ $ $ 455.00
TOTAL (200) FRINGE BENEFITS
$ 1.205.00 $ 2- 250.00 $ 3.455.00
(300) Travel and Per Diem
1. Mileage (actual cost
not to exceed state rate.
Documentation of rate is required
prior to reimbursement.) .28 - 1.785 mi
$ 500.00 $ $ 500.00
2. Other in -state transportation
costs (airfare, car rental. etc.) _
3. Out -of -state transportation costs
(airfare, car rental, etc.) _
TOTAL (300) TRAVEL & PER DIEM
$ 500.00 $ $ 500.00
TOTAL LABOR COSTS
$ 10.445.00 $ 12.950.00 $ 23,395.00
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Local/
BUDGET CATEGORY II - OTHER DIRECT
Federal State
Funds .Funds TOTAL
t
"
COSTS:
(400) F4&ment (Lease)
$ S 250.00 S 250-00
(500) Supplaes
a 1.500.00 $
$ 1- 500.00
1. 100 8 mm videotapes
2. Items used for camera concealment
(600) Contractual Services
4
(Hourly wage rates are estimated
for budget purposes only. Reimbursement
€j
will be based on actual costs per hour, per
employee.)
1. Peace Officer
$ 25-000.00 $
$25,000.00
® $20.00 per hour = $25,000.00
2. Video recorder
$ 3.800.00 $
S 3. 800.00
® $15.00 per hour = $3,800.00
TOTAL (600) CONTRACTUAL SERV.
S 28- 800.00 S
$ 28- 800.00
•
(700) Other Miscellaneous (specify)
1. "Buy" Funds for minor purchase
$ 2- 000.00 $
2. MILEAGE (Rate used only for budget
$ 1- 000.00 $
$ 1.000.00
estimate. Reimbursement will be
made according to the approved
subgrantee's average cost per mile to
operate patrol vehicles, not to exceed
$.28 /mile. Documentation of cost per
. mile is required prior to reimbursement.)
3.572 miles Q $,2$ per mile
I
3. MILEAGE for other Agency vehicle
S $ 1- 250.00
$ 1.250.00
'
4. Educational materials
a. Educational items =
c
S250.00
$- 250.00
r
5. Training for Project Coordinator
$T_ $-200.00
S300.00
i
6. Camera Maintenance & Repair
S 1.255.00 $
$ 1.255.00
i
TOTAL (700) OTHER MISC.
$ 4.255.00 $ 1.800.00 $6.0.5.00
TOTAL OTHER DIRECT COSTS
$ 34.555.00 $ 2.050.00 $ 36.605.00
7/97 page 2 of 3
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Local/
Federal State T�.�.
.�� • �s TOTAL
BUDGET CATEGORY III . INDIRECT COST4i
(800) INDIRECT COSTS
Rate'at _% $ S S
SUMMARY:
TOTAL LABOR COSTS $ 10.445.00 $ 12.950.00 $ 23.39S.00
TOTAL OTHER DIRECT COSTS $ 34.555.00 $ 2.050.00 $ 36.605.00
TOTAL INDIRECT COSTS $ $ S
GRAND TOTAL $ 45.000.00 $ 15.000.00 $ 60.000.00
FUND SOURCES:
Federal Funds (7596)
$ 45,000.00
Local Funds (2996)
+ $15,000.00 a TOTAL $ 60.000.00
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ATTACHMENT C
F«m 1254
9/% STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR 18 and OMB Circular A -87, or OMB Circulars A -110
and A -21, or OMB Circulars A -110 and A -122, as they relate to the application, acceptance, and use of
federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action
has been duly adopted or passed as an official act of the applicant's governing body.
authorizing the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such additional information as
may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352) and in
accordance with Title VI of that Act, no person in the United States shall, on the grounds of
race, color, or national origin be excluded from participation in, be denied benefits of, or be
otherwise subjected to discrimination under any program or activity for which the applicant
receives federal financial assistance and will immediately take any measures necessary to
effectuate this agreement.
3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting
employment discrimination where (1) the primary purpose of a grant is to provide employment
Or (2) discriminatory employment practices will result in unequal treatment of persons who are
or should be benefiting from the grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (PL 91 -646) which provides for fair and equitable
treatment of persons displaced as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of
employees.
6. It -will comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act, as they apply to hospital and educational institution employees of State
and local governments.
7. It will establish safeguards to prohibit employees from using their positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business'l or other ties.
8. It will give the sponsoring agency the access to and the right to examine all records, books.
papers, or documents related to the grant.
9. It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
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9/94
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10. It will insure that the facilities under its ownership, lease. or supervision which shall be utilized
in the accomplishment of the project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt
of any communication from the Director of the EPA Office of Federal Activities indicating that
a facility to be used in the project is under consideration for listing by the EPA.
11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973. PL 93- 234.87 Stat. 975, approved December 31, 1976.
Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
- identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect federal assistance.
12. It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 USC 469a -I Sl uaj by (a) consulting
with the State Historic Preservation Officer to conduct the investigation, as necessary, to
identify properties listed in or eligible for inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal
grantor agency of the existence of any such properties, and by (b) complying with all
requirements established by pie federal grantor agency to avoid or mitigate adverse effects
upon such properties.
13. It will comply with Chapter 573 of the Texas Goverment Code by insuring that no officer.
employee, or member of the applicant's governing body or of the applicant's grant shall vote
or confirm the employment of any person related within the second degree of affinity or third
degree by consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise such person. This prohibition shall not prohibit
the employment of a person described in Section 573.062 of the Texas Government Code.
It will insure that all information collected, assembled, or maintained by the applicant relative
to this project shall be available to the public during normal business hours in compliance with
'Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of Elie Texas Government Code, which requires all regular,
special, or called meetings of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
Page 2of2
VOLE -PACE
r.
t
61
ATTACHMENT D
ANA-
4 r...
' •,nom.....'
W" Ins CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its Imowledge and belief, that it and its principals;
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three -year period preceding this proposal beta convicted of or had a civil
judgement rendered against then for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement.
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal state. or local
governmental entity with commission of any of the offeases enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three -year period preceding this application/proposal had one or more federal state
or local public' transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification. such
SUBGRANTEE shall attach an explanation to this certification.
A CYL
St of Ctrtifing Official
B AZOSCOUNTYJUDGE
Title
2e"Conbm se 1997
Date
Page 1 of 1
1 LPL _ PAW �hS
ti
I
G
06/26,197 13:40 12409 773 0453
0B /ze /M% wag UV:24 t'M DLX Ors firer
BRAZOS CO RUBR
Ulm
LOCAL FUNDING COMMTMENT
FOR PARTIC37A7ION IN TEE TEXAS DOQQ PROJECT
The Entity mined below hereby commits to the Department of Information Resources (Dot) that
the Entity will pay to DIR the amount stated below promptly upon receipt of 'titre digital
orthopbotogtaphic quarter quadrangles (DOQ9) described below (provided bald products are
delivered prior to Auguct 1. 1998, nnlesa otherwise prevented by an Act of God). DIR warrants that
said products shall meet US Geological Survey National Mapping Division cartographic standards
for these products. The Entity further agrees that it will cooperate with DIR and/or itU designee(s)
in any way that may be reasonably noaxrary to accomplish the purposes of this agreement
(including, if necessary, the execution of an alternative agreement for future transwdoaa through the
Texas Association of Regional Councils). This agreement will become valid upon the signature of
both the Entity and DM
1. Name of the local governmatt, council of government, etc. [tho 'Entity']:
2. DesQiption of DOQ's to be received by the Entity:
,. }. • . • ie� t 1 1. Syr H. • . "- M •J• • FIT.r.a I I V • I u n
• • ta.�.�n fie tM� . N
Me; • . :►. • • : �� • . : ;• •:..:
3. Amount payable to DIR upon receipt of the DOQs by the Brazos County Appraisal District:
S 1 a; nn
Y. WX:
Brame County Read tit Bridge
Name, Alvin W. Jones
Title: County Judge
Date: September 30, 1997
Department of Information Resottrres
By:
Name:
Data:---_
VUL
' c
®002
Vyvv•
v
x
•.68/26/97 13:40 12409 775 0453
— G5 /ZO /Y( vzu YU:tu rnA oat •.o %lo•
' 1
BRAZOS CO RDABR
Yaw
DEPARTNEEW OF INFORMATION RESOURCES
Cam)yo Pwcolt, Exoartive Director (earo1yo0unoel1Q&- t=tx.os)
P.O. Boa 13564 • Austin. TX 78711-3364 • tftpJ /wwwA s
Tel: (5t2) 475-4700 • Fu: (5 12) 475.4759
W003
0014ao oil
August 20, 1997
Mr. David McCourt
. j
GTS Manager
HMMY
Brazos County Appraisal District
RSCItAREGM
1673 Briarcrest Dr., Suite A -101
se+ATOa rarever„
Bryan, TX 77802
A"a=nm
WALTat -txsr
Dear Mr. McCourt:
UNAM :tr m
ra'tBRUN=
I am writing to send you the materials for the multi - agency commitment to produce
C" Brews
digital orthophoto quarter-quads (DOQ) under the Texas Orthouaagery Progreso (TOYP)
PJ3 %CSWrATM
for Bryan County. Thew materials include: this letter, six commitment firms (ono for
SM. i HGC °' M
each agency), a reap showing the cdent of this order, and a list of DOQc and digital
REMNS NTATM
elevation models (DEMs). The total contribution asked for Bryan County, as per our
RiOe®`TAM"
earlier disoussions, is $10,395. '
reaaM
STAWMMZA `
The DOQs you are ordering are part of a multi=county DOQ order we refer to as Order
DOaOT" WC1a
14. 'Ito photo order for Order 14 is going to USGS now in preparation for DOQ
production. The Brazos Cbuaty contribution will create new DOQs for 11 USGS quads.
We anticipate DOQ delivery to you in early 1998. You will be receiving one copy of the
DOQs, including new DOQs and copies of existing DOOs. The copies can be scut
whenever you would like. The DOQ9 are in NAD83. UTM projection and come in
GooTIFF format. Costs for the DOQ development is $225 per quarter -quad. Copies of
DOQs and resampled products are S45 each Additional predelivery copies of DOQr, and
tesernplod data can be ordered directly from EISYS. Inc. EISYS can be reachad at (5 12)
329 -5577.
A list is unclosed of the DOQc associated with your order. The DOQs are organized by
quad The DEMs required to create the DOQs will be included for all quads. As you
requested, all products will be sent to you and no agencies will be billed until the DOQs
are complete. after January 1. 1998.
Please review the proposed order. and havo the commitment forms signed authorized
rc =cn advos from each participating getup. I'm sending you the commitment forms
to savo time but I can also send copies (or originals) to each group as you direct. You
may have the forms. signed and retu ned to me for DIR c1patures. I will they send a
COW back to you. If you have any other questions or concerns, please call me at (312)
463 -7314. I appreciate your ongoing support for the TOP progrOm
Sincerely,
Drew Decker
VOL PaUk x_61
I"
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`.,• -
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61
*I
08/26/97 13:41 0409 776 0453
BRAZOS CO RUBR ®005
,04r10iyf ULV o>r:ss r&& Dix 44e *fee
MA at •r�r•
Texas Ortwimagery Program
Order 14 {
000 Coverage for Brazos County in tt+e Texas Ortholmapery Program.
County Quad Narrw Portion
A "cads Cost
Robertson Wheelock AN
4. $900
Robertson Edge All
4 $900
Madison Canary AA
4 2900
Brazos Dunn Creek All
4 s>?00
Brazos Kurtan AN
4 $1900
Brazos Char Lake AA
4 5900
Braz00 Bryan West AO
4 =900
Brazes Bryan East AN
4 $000
Brazos Reliance AO
4 s900
Brazos Ferguson Crossing AN
4 soon
Orkrift Navasota AH
4 $900
Burleson Tunis Copy
0 $45
Brazos Chances Store aopy
0 $46
Brazoa Wellborn Copy
0 $45
Brazos Clay COPY
0 $ay
Brazos MAlican COPY
0 $45
Brazos Mundord Copy
0 $45
Washington Independence COPY
0 $45
Burleson Caldwell COPY
0 $45
Sudeam Lyons Copy
0 us .
Burleson Snook copy
0 $45 .
Woshboon Washington COPY
0 i45
Total:
_
44 5 '
Note that several quads have boon Cornp.%tod In other orders. Coples of wds ft DOQr.
are available for $45 a quad (four quarter- quads).
Copies of DOQs In a4aoent counUes can be ordered for $43 a quad (4 quaftr- quasi) on CO -RQM.
For example: copies Could be ordered for Lyons and Caldw*U quads in Burleson County..
Costs above reft d development of OOQs fbr full quads kxxhkV Bravos County. '
Ouadz whk:h contain very Me of Brazos County may be able to be broken Into quarter- quads.
Resarnplod produ is (2.5 meter "N, and 10 and 30 meter M44M) are "Mlable for ebotrt
$45 a oarnly.
f
8rM7
Pepe 1
VO
I r
JPAGF%,,,f.Aj
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
-+ �. v. .�N _ICra.T •'inn .v .i. Y4 �.'.yr+ r t�a .'�.. •�• 1.•.t –' • I , • '
1
810 TABULATION 97 -0S4
JANITORIAL SUPPLIES - ANNUAL CONTRACT 1997.98
1, PAPER GOODS
Toilet Tissue Rolls
Towels' Multifold
Paper Towels Rolls
Pape► Wipes
TOTAL
500 shUroll.96 rolls/ox
9 -1/2x9 -112
White, 2 phi
Box
COST
Min Wt Cs.. 480
Min Wt Cs, 240
Min WI Cs 246
Min Wt Cs. 200
PAPER BY
Est Oty.: 3251boxes
Est Oty 200 boxes
Est Oty 251boxes
Est. Oty.. 601ce
COMPANY
APOLLO
Bran ~11
BAY WEST 540
BAY WEST 480
BAY WEST -4 10
SAY WEST 3312
PAPER CO.
Item/Produd 0
540 1
480
410
3312
BRAZOS VLLY
Roll/Pkg /Case
Pnce/Case
5001% (4 78 cs)
32889
200/20/248
S1425
90130(220 cs)
$1740
35/20/219
$29.10
BRYAN
TOTAL
$9.38925
$2.85000
$43500
$1,746.00
S 14.420 25
RAY
Brand/Werghl
FT HOWARD
FT HOWARD
FT. HOWARD
FT HOWARD
CRISWELL
llem/ProduclIf
198
233(brown)
273
804.90
DIST
Roll/Pkg /Case
500/96(488 cs)
250/16 (240 cs)
100/30(2480)
75115(248cs)
BRYAN
Price/Case
$3460
31470
$18.25
$4995
TOTAL
511,24500
52,94000
$456.25
$2.99700
S 17,638 25
GULF
Brand/Wetghl
FORT HOWARD
FORT HOWARD 9.114 "X9.1/2"
FORT HOWARD
KIMBERLY CLARK
COAST
Ilem/Producl0
158
FH24990
FH27990
S570
PAPER
RotuPkg /Case
500196 (380 cs)
4M/250116(238 cs)
100130(250)
5611 a(22 50)
TEMPLE
Pnce/Case
28.44(THRU 8131/98)
$14 06(THRU 8131198)
21.88(THRU 8131198)
44 79(THRU 10115197)
TOTAL
$9.24300
52.81200
$54700
$2.68740
S 15 289 40
NATIONAL
Brandt Weight
JAMES RIVER
NSS COMPLY
SCOTT OR KIMBERLY CLARK
KIMBERLY CLARK
SANITARY
Item/Product 6
132
S72315
1482
5800
SUPPLY
RoIVPkg /Case
500196 (468cs)
334112(24.ltllcs)
90130 (218cs)
100/8(270 cs)
BRYAN
Pnce /Case
$3307
$13.48
$1993
$2939
TOTAL
$10.74775
82,698.00
$49825
$1.76340
$ 15,705 40
TALLEY
Brand/Weight
BAY WEST
BAY WEST
BAY WEST
BAY WEST
CHEMICAL
Item/Product 0
540
480 TAN
410
3332 seam reinforced
MEXIA
RolI1Pkg /Case
500/96(cs 468)
200120(cs 248)
90130(138 cs)
35120 (016 cs)
Pnce/Case
$2800
$1450
$1785
$2900
TOTAL
$9,100 00
$2.90000
S44625
$1.74000
S 14.186 25
UNISOURCE
Brand/Weight
"GPTM6120 SAVOY(4X4)
•GPMK596X CHOREMASTER
CORONET HM9201 or 410100
-TERI TOWEL POP UP BOX
AUSTIN
Item/Product 0
6134004
5154016(NAT)
51$4035 or 5160082
$310067 -9 75'X 16 75'
,
Roll/Pkg /Case
600/86(490 cs)
250116 (238 cs)
90/30(821 cs)
15016(16 68 cs)
Pnce/Case
$30.88
$1364
$1935
$3780
TOTAL
$9,971.00
S2.72800
$48375
S2.26800
S 15.450 75
" MINIMUM ORDER - 20 CASES
RECOMMENDATION: Toilet Tissue Rolls Uniscurce
r
i
Mutlifold Towels National Sanitary Supply
Paper Towel Rolls Ray Criswell
Paper Wipes Apollo Paper
i AWARD DATE:
7
• Urosource ' Unesource Alletnate
r Brand -While Brand • Wlpeaway Russel
Itemo 5154022 Herne FH 292.20
Shoals per pkg 250 12 boxes of 401eases 13'x13"
Pkgs per box 4000 ca 14 86
t
If Lbs/per box 23
Price per box S1364 Price per box $49 50
$272800 $2.97000
-VC)L -YAGE. .6f.?Q.
t -
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I 1, .' •- C ' 1 � �' ,
I � •�...�..•' i�.,� • r. .re.rL�`�•i'r:.si�.it',ia�'1?� .�, {.'.'" : �;� "n __ i.,.� -,, 1' { ' � ; j ` � , .'� � �� �4..rT.• -.� pf k �+ �.� ' '•+ t r•: ` - .
++.:?+: fi_. =— - -si�la.�.1_:4it +:,rrJriL'4. "'n. ..�`t•,': ;i..wAx�1+�f4L 0Gti3uato:)si+{-a �' •y.�d' ` =�� ,..�ti` �
M■
1
1
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
i
es
_ P
s --
1
i
' 1
- a
0
BID TABULATION 97 -054
JANITORIAL SUPPLIES - ANNUAL CONTRACT 1997 -98
0
0. TRASH LINERS
••22 X 16 X 58
22 X 16 X 58
23 X 10 X 39
23 X 10 x 39
15 x 9 x 32
40 x 48
19 X 56
-
Est Oty 40AM
Est Ory - 4w=
Est Otf 20res
Est Oy 201ca
Est Oy 30/m
Est Oh soles
Est Oty 6olcs
COST
3 tni
1 -1/2 tni
1 -1/2 td
1 Mw
7 mrt
12 MXwws
1 7 mt1.50to■
LINERS F
100 per Do: -
200 per box
150 Per box
1000 pM box
1000 per box
Mobil Steet•Sak
C a% -
APOLLO
BraM
SUNBELT PT 16586Y
SUNBELT
SUNBELT
SUNBELT
SUNBELT
SUNBELT
HOU POLY BAG DRUM LINEP
PAPER CO
rmr*Sbcx •
TL 36x58 BILK
TL 36XSM
TL 33X39W
TL 33 X 39 8
TL24X328
TL 4OX48HD
OL 38X632 (38'X63-)
BRAZOS VLLY
L nerbSox
150
100
ISO
250
500
250
100 Per ton
BRYAN
Pnc&So:
112795
$1015
S1120
$1208
$1027
$17 70
iw 90
TOTAL
S75445
$81200
$22400
S%640
$61620
$141600
S92700
$4 345 4C
RAY
Brww
HERITAGE
HERITAGE
r;
- HERITAGEt
'
�ti`- .dHERITAGE.
:i .
H I5T0:A.G..
- H E- E
CRSWIELL
asT
I1ar4lod a
ILi«sCaw
FDadT V1QTE ,,
4'. l.o_ o . f
-•
. 1
F ST{AAiE
� .
�9
, .
tea1_
04MI
� •
t om•�4.
°:2
. l _
k F32BR1M '
� /9� . ..8= , :
?-HRTAaE.
-
S- i0N
l_f� �
.i•.'•-_ a : . �'. t. � �
�R.IETrA tiEG �•'..l _��
56N5(_ ; � 3 iS;
t_•�_ " _
, - .
BR YAN
PxaCae
r•)
X= ; 7`
:`��
'
1ry 3 2
q
-
'
}` 'SPir _
`_�
r� 'r"�`a$'
�E.R [ 2 t a'd 7
rE
�•
-
l i`
3 ;
t
; s '
TOTAL
�!"�` •� #,f
��t`s4J0A0j�'�
, �:=��9 �S:u �5E'8 �.�� •
.td� t i189.OQ.�:�
,
« �` 0 �
:�•i. *; �
4i" sliOS
• -
ate.. v °�� -��'
=591OOX�';'~�i
19D.00j�;i?
� 40: {h ,�,�,
$4.223)00 '
GULF
BMW
CARLISLE
CARLISLE
CARLISLE
CARLISLE
CARLISLE
CARLISLE
TENNECO
COAST
Ilewstodt 0
SF83858XHR(")
SF3856HR(wS)
SF3339XHR(WS)
SF3339HR(wS)
SF2423LR
404812
56STL
PAPER
ILn&WCase
100 (6 rrM1
100( 60 ffd)
150( 6 "w-)
250( 60 nw,)
500( 37 run
250
50
TEMPLE
PrlcvCase
$9 37(twu 6111/98)
$7 02mru 6/11196)
$6 20(vxu 6/1196)
1110 26(vuu 6111/98)
S7 77(thru 8,•11 S8-)
$12 33(vuu N1198)
1116 56(tivu 10115/97)
'A`
TOTAL
$37460
$56160
S16400
S82080
$466 20
S96640
5993 60
$3 992 60
GULF
Bnv4
TENNECO
TENNECO
CARLISLE
COAST
IterriSica a
ISSSTL
39TL
Be58UHwS
PAPER
UnerlvCase
100( sOm:7
I 80 rtr11
100
TEMPLE
Poice Case
%12 72(vwu 611198)
511.16(Mru Oil 198)
S19 02(v+ru &11.98)
-8'
TOTAL
%I 01760
S22320
S57060
$1.81140
NATIONAL
Brw4
NSS
NSS
NSS
NSS
- NSS
HIMOUNE
161081L STEEL- SAUTISS
SAMTARY
IternlStock 6
4336120
4330536
4338103
4331061
4330374
4334183
4338383
SUPPLY
LnengCase
100
200
150
250
1000
IMROLL
50
BRYAN
PnoalCase
$1461
$2095
$1304
$1047
$2215
$562
$1799
TOTAL
$58440
$83800
5260 80
$83760
11864 so
$1 12400
$1,07940
$4 804 50
TALLEY
Brw4
ROLLPAK
ROLLPAK
ROLLPAI(
ROLLPAK
ROLLPAK
ROLLPAK
NO BID
CHEMICAL
IWWStock9
PRSB-200
PR58 -150
TTS -639w
RP439K
RP332K
RH1248N
MEXLA
Lnen b Case
100
100
150
200
S00
250
Pnc&Case
S2375
$19.15
$1500
$1720
$1910
S1550
TOTAL
$95000
$153200
$300 00
$1.72000
$1.14600
$1.24000
f5 938 00
UNISOURCE
BrtnO
SUNBELT
SUNBELT
SUNBELT
SUNBELT
SUNBELT
SUNBELT
SUNBELT
AUSTIN
ItenVStot*t
165813XHR
S58HROK
S39MHR
S39HRBK
S32LWBK
404812MH
PT16S8GY
Lnencsse
100
200
ISO
250
1000
250
100
PnoalCase
$1175
S1550
S975
S1250
$1700
$1350
$19 6S
TOTAL
$47000
$660 00
$19500
$1.02400
$51000
$1.08000
$58950
$4.05850
1
Does not meet specifications
RECOMMENDATION: ++ Reject Bid for 22 x 16 x 58 - Departments do not use
Ray Criswell
AWARD DATE:
_ .Y'_ r�..._...- _ ` .,.-,� _ti ,-- r.-..r• -� <•"- �._ :. ����y.- - - - - _ _ _ _ _ _ _ _ - _ _ __ . -,. _ -+ r_..- �-*..- --�'r. -ten .�.r, -��=^ __ _ --
1
i
t
MEMORANDUM
TO: Honorable Alvin W. Jones, County Judge
Honorable Tony Jones, Commissioner Pct. l
Honorable William Thornton, Commissioner Pct. 2
Honorable Randy Sims, Commissioner Pct. 3
Honorable Carey Cauley, Commissioner Pct. 4
FROM: Cheryl K. Turncy, Purchasing Agent
DATE: September 25, 1997
SUBJECT: Bid No. 97 -058: Wheel Loader
Upon thorough evaluation of the or cons presented in the tabulation of the bids submitted
for a wheel loader for Road & Bridge, I have comelto the following conclusion:
For Brazos County to consider the Total Cost Bid presented by Mustang Tractor, the
Commissioners Court should make the award contingent on exercising the guaranteed
buy -back option at the end of three years. This option would require an initial additional
' expenditure of $22,759.00 above the low bidder on the Base Cost Bid, but would save
$9,706.00 at the end of three years.
This may not be considered the "low bid" financially, but it could be considered the most
responsible bid due to the fact that we will have a guaranteed maximum total cost of
repairs of $1,836.00 for 3 years. Furthermore, the buy -back option allows Brazos County
to "turn over" our equipment for new, low maintenance equipment when we return the
wheel loader at the end of the 3 year term.
I have contacted each of the other Base Cost bidders and provided them with the
opportunity to address Commissioners Court if they desire.
If you have any questions please call me at x4290.
VOL "amPAG
r
1
s
gt
l
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
i
s
i
t
PURCHASE OF WHEEL LOADER
L TOTAL COST BID
LJ
BIDDER
Camm Doggett
INITIAL
PURCHASE
PRICE
NIB
MAKE a
MODEL
GMTCR
1 YEAR
GMTCR
2 YEARS
GMTCR
3 YEARS
GMTCR
4 YEARS
GMTCR
6 YEARS
GPR
1 YEAR
GPR
2 YEARS
GPR
3 YEARS
GPR
4 YEARS
GPR
6 YEARS
TCB
1 YEAR
TCB
2 YEARS
TCB
3 YEARS
TCB
4 YEARS
TCB
5 YEARS
3 6x.659.00
Mutltarg TnKw
Slawwt i Stevenson
6 102.259.00
NIB
rqp61 1 "' r FT28G
NIB
NIB
3 1.636.00
3 3.624.00
6 5.460.00
NIB
NIB
= 56.000.00
3 51,000.00
6 78.000.00
NIB
NIB
3 47.035 00
3 53.823 00
Udelson EqulprnerM
�!r9
Residual at end of base:
6 1.00
Residual at end of ions: 3
1.00
Stevant a Stevenson
6
27.989.42
6
21,562.84
6
17.730.19
6
15.182.27
Residual at end of lens:
6 1.00
k
p0
BIDDER
BASE COST MAKEIMODEL
EXCEPTIONS
Camith Doggett
3 79.500.00
Case 6210
Carttltll-0ogpNt
Mustang Tractor
$ 101.199.00
Caterpillar IT=
18.176.01
Stawant & Stevenson
$ 79.747.15
Jahn Deere 444H
Includes HGAC tee
Mellon EqA merM
I
6 15.900.00
Residual at end d base:
6 15.900.00
Residual of end of lease:
i
Residual at end of lease: 6
7.950.00
Mustang Tractor
IL OPTIONAL BASE COST BID
35.717.00
k
p0
BIDDER
BASE COST MAKEIMODEL
EXCEPTIONS
Camith Doggett
3 79.500.00
Case 6210
Carttltll-0ogpNt
Mustang Tractor
$ 101.199.00
Caterpillar IT=
18.176.01
Stawant & Stevenson
$ 79.747.15
Jahn Deere 444H
Includes HGAC tee
Mellon EqA merM
I
6 15.900.00
Residual at end d base:
III. OPTIONAL LEASEIPURCHASE/RESIDUAL BID E
BIDDER
THREE ANNUAL PAYMENTS
FOUR ANNUAL PAYMENTS
FIVE ANNUAL PAYMENTS
S0( ANNUAL PAYMENTS
Carttltll-0ogpNt
6
23.312.06
6
18.176.01
6
18.178.01
6
14.139.72
Residual at end abase:
6 15.900.00
Residual at end d base:
6 15.900.00
Residual of end of lease:
3 15.900 00
Residual at end of lease: 6
7.950.00
Mustang Tractor
6
35.717.00
6
27,552.00
6
22.664.00
3
19.522.00
Old pat In edym
Residual at and Of base:
6 1.00
Residual at end of baaa:
6 1.00
Residual at end of base:
6 1.00
Residual at end of ions: 3
1.00
Stevant a Stevenson
6
27.989.42
6
21,562.84
6
17.730.19
6
15.182.27
Residual at end of lens:
6 1.00
Residual at end of bate:
$ 1.00
Residual at end of base:
6 1.00
Residual at end d base: 6
1.00
Udeimon Eq*mwtt
NIB
Residual at and of base:
Residual at and of base:
Residual at end of lease:
Residual at end of base:
i
s
• RECOMMENDATION• (c"0-/ c ar d Yy1f,JAf f)
AWARD DATE:
"� l ! 10041� _
r p
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
^Zy7 ��""ti��t,�^a -+--. _-- �-: r'¢ --ras :a�r+rc.a.".p- _ - •.ter •- �- -•- . -- _ ..- ', . - - - . • _.... .__� - -,-- -- •� - - - ' ., - _
BID TABULATION 97-059
PURCHASE OF TRACK LOADER
1. TOTAL COST BID
}
11. OPTIONAL BASE COST BID
b
+ 1
a
7
BIDDER
INITIAL
PURCHASE
MAKE a
GMTCR
GMTCR
GMTCR
GMTCR
GMTCR
GPR
GPR
GPR
GPR
GPR
TCB
TCB
TCB
TCB
S 20,054 91
TCO
BIDDERS
PRICE
'MODEL
1 YEAR
2 YEARS
3 YEARS
4 YEARS
S YEARS
1 YEAR
2 YEARS
3 YEARS
4 YEARS
S YEARS
1 YEAR
2 YEARS
3 YEARS
4 YEARS
$ YEARS
Mustang Tractor
S 72,210.00
Caterp4lar 939
NIB
NIB
S 5.592 00
S 8,120.00
S 8.970 00
NIB
NIB
S 34.500.00
S 32.600 00
S 29,500 00
NIB
NIB
S 42,551 00
S 44,789.00
S 50.929.00
Stewart a Stevenson
NIB
Udelson EquipimA
NIB
_
}
11. OPTIONAL BASE COST BID
b
+ 1
a
7
BIDDER
BASE COST
MAKEIMODEL
EXCEPTIONS
Mustang Tractor
i 71,45900
CaterIp" 939
S 19,45500
Stewart a Stevenson
S 74-20729
John Deere 5556
Residwl at end d hme: S 1.00
Udelson Equipnent
No
Residual at end d lease: S 1.00
Stewart a Stevenson
s
III. OPTIONAL LEASE/PURCHASE/RESIDUAL 810
1 V
r
BIDDER
THREE ANNUAL PAYMENTS
FOUR ANNUAL PAYMENTS
FIVE ANNUAL PAYMENTS
SIX ANNUAL PAYMENTS
Mustang Tractor
S 25,220 00
S 19,45500
S 16.004 00
S 13,785.00
'I st pmt in advance
Residwl at end d hme: S 1.00
Residual at end of lease: S 1.00
Residual at end of tease: S 1.00
Residual at end d lease: S 1.00
Stewart a Stevenson
S 26.045.00
S 20,054 91
S 16.498.51
S 14,127.59
Resid<al at end of bees: S 1.00
Residual at end d lease. S 1.00
Residual at end Of base: S 1.00
Resi" at end of base: S 1.00
Udelson EWApn o t
wB
Residual at end d bass:
RECOMMENDATION:
AWARD DATE:
P P C 30 -R -7
4- oOma.l 4o ►'ciu -rn
- trac,ILlbadtr af` tviJ of 31 4 or 5 yM .
WTI ✓� PERFaI�M/tIJG� �joN(�.
is
F�
I;
f'
11
. y
THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF THE ORIGINAL
i .
z -
s
s
} T
1
i
h
z
BID TABULATION 97 -060
PURCHASE OF BACKHOE- LOADER
L TOTAL COST BID
IIVmAL
PURCHASE MAKE& GMTCR GMTCR GMTCR GMTCR GMTCR GPR GPR GPR GPR GPR BIDDERS PRICE MODEL 1 YEAR 2 YEARS 3 YEARS 4 YEARS S YEARS 1 YEAR 2 YEARS 3 YEARS 4 YEARS S YEARS t YE EAR 2 YEARS 3 YEARS 4 YEARS S YEARS
Camitn Doggett Industrm wB
Mus" Tractor f 51.84000 Cale,paar 4160 NIB NIB f 1,568 00 f 2.760.00 f 5,160.00 NIB NIB
Stewart a Stevenson wB f 29,soo.00 5 27.600.0o S 25.000 00 NIB k1B f 23.366 00 S 26,480.00 s 31,460.00
Udelson Equipment NIB
IL OPTIONAL BASE COST BID
Ill. OPTIONAL LEASEIPURCHASE/RESIDUAL BID
BIDDER THREE ANNUAL PAYMENTS FOUR ANNUAL PAYMENTS FIVE ANNUAL PAYMENTS
CamM Dogged hxkm Sea f NTS SIX ANNUAL PAYMENTS
12,990.21 f 10,129.38 f 8,116.61 f
Residual at end of lease: f 6.860.00 Residual at end of lease f 8.860 00 Residual at end of lease f 6.860 00 Residual at end d lease. f 1,130 00
Mustang Tractor i 18.108 00 f 13.967.00 f
11,189 00 S 9,896 00
•t St pM in advance Residual at end d lease: f 1.00 Residual at end d lease f 100 Residual at end d lease f 100 Residual at end d lease- f t .00
SeewaA b Stevenson f 15.60861 f 12,021.75 f
Residual as end d lease: 9.88743 f 8.46656
f 1.00 Residual at end of lease. f 1.00 Residual at end of lease. f 1.00 Residual at end d lease- f 1.00
UdNson EquipneM NIB
Residual at end of lease.
RECOMMENDATION:
� a �
AWARD DATE:
�r �o� �'� oh rt uyh I
of - t4
Vow& Pexfww"tc BW4
BIDDER
BASE COST MAKEIMODEL
EXCEPTIONS
CamrM Doggett Industries
f 44.300 00 Case 580L
Mustang Tractor
f 51,300.00 CeterpdW 416C
Stewart a Stevenson
f 44.471.81 John Deere 310E
Udetson Equipment
I wB
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56 001
DATE OF COURT MEETING: 9/30/97
ITEM: Request from Ferguson - Burleson County Gas Gathering System to glace a
road bore for steel pipeline installation in the right -of -way of High Prairie Road
approximately 0.5 mile south of its intersection with FM 2154. Draft No. 8838 in the
amount of $500.00 accompanies this request (deposit to R &B Acct #01 - 460650). Site
is located in Precinct 1.
SOURCE OF FUNDS: N/A
I. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3 -5' of and parallel to the right -of -way
line and/or 2) in the case of a road bore, perpendicular to the right -of -way
line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be
the Applicant's responsibility to do so and to remove all cleared brush, trees
etc. from County right-of-way.
D) Ditch line shall be compacted to 900% standard density ASTM -Test
Method No. D -698; test shall be conducted by an independent Geotechnical
testing firm; copies of all test results shall be furnished to the office of the
Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of
Uniform Traffic Control Devices for Streets and Highways, published by the
Texas Department of Transportation, and all other State and Federal laws
governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPRO Y:
Richard F. Vance, P.E. Co missi n ony Jones
County Engineer Precinct 1
CC97 -146
Approvedt�/DeniedO in Commissioners' Court
Date: 0.30= -q -7
Alvin W. Jones, Co y Judge
10
VC)L ®0.!!
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•
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61
NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-Or -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FROM:
Ferguson Burleson County
Gas Gathering System
P 0 Box 10006
College Station, TX 77842
RE:
Crossing Parallel Install.
Road:�:�
Precinct No: �—
Formnl notice is hereby given flint (Applicant) reuson-Burleson County Gas Catherine
System proposes to place a (type) pipeline within the right- of -wny of
(road) fe2 ,_, _ In Brazos County, Texas as follows:
The location or description of the proposer) 1•tsinllation is more fully shown by one copies
of the (Imwings attached to this notice.
1. The County Engineer must he notified prior to ilia beginning of constnuction in order that
they might he on hand to dc%ignale Ilia actual location of ilia installation.
2. That all damage to the roadways and lights -of -way will le repaired to their original
condition to ilia satisfaction of Ilia raunty Engineer.
3. That BRAZOS COUNTY re%erves the 1 11 lil in require Applicant to relocate or lower any
such line at no cost In BRAZOS COL NTY, should same become necessary due to
widening or lowering, or other alleratiou of the roadway or right -of -way.
4. That BRAZOS COUNTY ix in no way responsible for any damage that might occur to
any existing utility lines in the nghl -of -way.
5. That the Fne will he con.anlcted and nminfamcd an Ilia county right- of-way in
accordance with governing laws.
6. That the line or lines will ht constructed no lass than forty -eight inches (48') lower than
Ilia lowest part of Ilia drainage or har dilch and Ilia drainage is to be considered at least
two feet (2') below ilia center 11I the roadway.
7. That all roads shall he bored in accordance with flit: Utility Acconuxlalion Policy of the
Texas Department of Transpnrlution dared 1989.
S. That all sites will be barricadral during constnuction period.
9. That Ilia normal charge is $500 par crossing andhlr $40 per rod when paralleling like
roadway established by file Commissioners' Court on January 28, 1985.
10. Ditch line shall he compacted to 90% standard density ASTM -Test method No. D-698;
test shall be conducted by an independent Geolechnical testing firm; copies of all teat
results shall be ftirnislted to the onict of ilia Draws County Engineer.
11. Constniction shall he strict confornance to flit latest Texas Manual on Uniform
Traffic Control Devices for Streets and Highways, publtslied 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 (dale) le- �-
APPROVED BY COMMISSIONERS'
COURT ON:
c1-- WA- z
Date
(Ili: - 4 Ada�
Brazos County Fudge
Brazos County Texas
APPLICANT:
Ferguson Burleson Co Gas Gathering Svc
Name /Title
X�4
Company resentalive
r
(409) 690 -0313 ff
Te1epltone Number o. K. to AlorxO
VC) :.�'d� 7� ':w,.: . Q c w&�j 7 .
Anzr / 09 -zu-9
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J. MILLICAN AB - 162 ti
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SANDRA SNAUCNESSY
,
`H /CH
PRA /R/l
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S35'19'11'E
4
Q 10
4% ,'t9 '590 TIC
SANDRA SNAUCNESSY z� �' A ! ° ' i
PLAN
SCALE, 1' — 30'
100
95
90
85
PROFILE
SCALE, HOR. 1' = 30'
100
95
90
1 85
i
! -- 5' MIN. 1. -4' MIN.
L -4' MIK
ELEV. ARE ASSUMED
VERT. 1 - 10 PLAN & PROFILE
SHOWING
PROPOSED F.B.C.G.G.S. PIPELIN
CROSSING HIGH PRAIRIE RD LY
0.5 MILES SOUTH OF ITS INTERSECTION
WITH FM #2154
IN BRAZOS COUNTY, TX
18TH SEPTEMBER, 1997
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100
95
90
85
PROFILE
SCALE, HOR. 1' = 30'
100
95
90
1 85
i
! -- 5' MIN. 1. -4' MIN.
L -4' MIK
ELEV. ARE ASSUMED
VERT. 1 - 10 PLAN & PROFILE
SHOWING
PROPOSED F.B.C.G.G.S. PIPELIN
CROSSING HIGH PRAIRIE RD LY
0.5 MILES SOUTH OF ITS INTERSECTION
WITH FM #2154
IN BRAZOS COUNTY, TX
18TH SEPTEMBER, 1997
I
,
i
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•
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Alvin W. Jones, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the
Minutes of the Commissioners' Court of Brazos County approving said Report as
presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos
County, as provided for in the Revised Statutes of the State of Texas. (Texas Local
Government Code, 114.026)
4
Witness my hand this J40 day of cg A.D. 19_2,7.
Mary
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this j V�day of
I
A.D. 19.
William Thornton Commissioner -.P ecinct #2
Randy Si , Commissioner Precinct #3
arty Caul Commissioner eci n #4
Treasurer's Reports dated: MARCH 1997, OUARTR ENDING 03- 31 -97. and APRIL 1997
VOL PAGE
I
i
n
i
• KAY HAMILTON
County Treasurer
Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803 (409) 361 -4340
• I
,
i
I
f
DATE: September 30, 1997
TO: Hon. Alvin Jones, County Judge
Hon. Tony Jones, Commissioner
Hon. William Thomton, Commissioner
Hon. Randy Sims, Commissioner
Hon. Carey Cauley, Commissioner
Ruth McLeod, Administrative Assistant
FROM: Kay Hamilton, County Treasurer
RE: March 1997 Treasurer's Report
Quarter Ending 03 -31 -97 Treasurer's Report
April 1997 Treasurer's Report
-
t
II
f'
VOL
i
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�.►nu` a`- �..s�'.��.. �• "� �- �'.ti— .:�T.r� _ _ :.:,u.....:L. _ - , •' - �'..m_v... -..�. __ _ '�.�i�,.�fraL�.a:�:. C'.�.s.i�.il..u'.�[•:.a � • � ' ... _ � . _ - _
4C
.e
0
MARCH 1997 TREASURER'S RFPC)RT
FUND NAME
FUND BALANCE
INCOMING
INVESTED TEXPOOL
SUB-TOTAL
DISBURSED
FUND BALANCE
INVESTED
BAL.IN ACCT.
2128197
INTEREST-March
3131197
3131197
ZMIR
�"Tit"
"TE Pow
GENERAL FUND
19,799,480.31
1,716,453.37
47.0*26.76
21,562,960.44
2.078,019 32
19,484,941.12
18,672,723 29
812,217.83
1,
_0
MEM,
25,957.06
E 110:
12.667.84
8
AV
O
STATE LATERAL ROAD
25,794.49
105.77
56.80
25,957.06
000
13,289.22
d
EN.PERMANENT IMPV.
6,100,579 81
1,75000
(600 37)
6.101,729.44
622,43059
5,479,298 85
5,404,094 48
75,204.37
%, -1 111
- MW
pp; i. �NFMNXT
U-3
zva
79,626.75
ROAD & BRIDGE PROJECTS
3,044,629.74
16.229.94
4,41928
3,065,278.96
3,065,278 96
2,985,652.21
= 10
11,202.72
2,515,187.17
347.33942
2,167,847.75
2,486.035.36
(318,187.61)
JUVENILE JUSTICE CENTER
2,118,207.92
385,776.53
7CP77
7 �_,
TTL.A60VE C07,11131NED ACCTS.
--31,088,692.27-
2,120,3-15.'61
'62,105.19
33,271,113.07
•31047,789.33
30,223,323.74
29,561,173.18
662,150.56
-P;%7 - ,
GEN.OBLIG.DEBT SVC.
P_
545,154.37
206,89860
3,412.13
755,465.10
000
755,465.10
754,26017
1,204 93
M
HEALTH DEPARTMENT
42.837.12
124,64890
000
167,486.02
70.76749
96,71853
000
96,718.53
CIF
-_1 -
1- " MIN-1
MR
MIMI"
ZINC%
W.
L
9�6
182,789.53
t� -
783.52
484,223.28
I -mumqk
236,25168
M,
247,97160
129,344.14
HEALTH 8! LIFE INSURANCE
300.650.23
118,627.46
PEP
x. M1
.
� " M
� Vf"
ZlmM 02'y
ME-Z10 n -
'Mp*
45,- 395.21
BAIL BOND BOARD FUND
45,340.73
173.48
0.00
-45,614-Z -11-
000
45,39521
r "WIR, V
;Xs gj�:�z - , -
R
%
Mt _W
'Xi
H I MS. VE
TOTAL
32,022,674.72
2.634.826.12
66.300.84
34,723,801 68
3,354,927 50
31,368,874.18
30,444,777.49
924,09669
*NOTE.- State Lateral Road, General Perm.Impv., Road & Bridge Projects, and the Juvenile Justice Center funds were combined into the General Fund checking account
per the Auditors Office, Road & Bridge General is accounted for within the General Fund balance. A combined balance is shown in the shaded portion of this report.
G.O.Debt Svc. has a deposit of $206894.00 that represents the Juv. Justice Portion of a Bond Pymnt. made in March.
I
This report is submitted as true and correct to Commissioners Court by on 1997.
Brazos County Treasurer, -7
P.
QUARTER ENDING 03-31-97 TREASURER'S REPORT
FUND NAME
FUND BALANCE
INCOMING
INVESTED TEXPOOL
SUB-TOTAL
DISBURSED
FUND BALANCE
INVESTED
BALM ACCT.
3131197
12/31196
INTEREST-WE 3-31-97
3131197
♦
- AQ-11 Q
Q�
SM
-
-
"MR."
GENERAL FUND
11,790,547 65
14,013.859.43
131,34022
25,935,747.30
6,450,806.18
19,484,94112
18,672,723 29
812.21 7.83
",U 1111 ME
.100
AD & BRIDGE GENERAL
65,23141
16.26
0.00
65,247.67
0.00
0.00
0.001
65,247.67
,.fir t,
16355
M'M
t
IV - =1_
M ZVI M
STATE LATERAL ROAD
25,68445
109.06
25,957.06
25,957.06
12,667.84
13,289.221
011
sn"m
I-
P I
% .7
M. =gg�=
4M"'X:z
`2
mlsz
I M &M,
N.PERMANENT IMPV.
6,256,173 92
M624 20
(5.42517)
6,261.372 95
782,07410
5,479.298 85
5,404,094 48
Sz
75,204.37
lid %%1%, =-MR,
3,037,442 55
16229.94
ROAD & BRIDGE PROJECTS
12,72466
3,066.397 15
1.11819
3,065,278 96
2,985,652 21
79,626.75
g
M T
ff1A=r9_
ti '+c;
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12 ME A
JUVENILE JUSTICE CENTER
3,077,317.80
432194.52
2,167,847.75
2,486,035 36
(318,187.61)1
24,068.20
3,533.580 52
1,365,732.77
%
w_
3_1 Z1711.
MOOR,- Mof-1-`2
17 ' "! �11 -_
MmRn
f� 11
M
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M, M
TS
ABOVE COM MINED ACC 24,252,397.78:
14,473,W.41
162,871.46
38,888,302.65
8,664,978.91
30,223,323.74
29,561,17318'
662,150.5 6
M
11 \
M."\
M
505,82416
15,919.25
2,006,480 43
kfflkl&L`•,.� MIS
N.OBLIG.DEBT SVC.
1,484,737.02
1251015.33
755,465.10
754,26017
1,204.93
HEALTH DEPARTMIENT
112,38901
216,451.14
0.00
328,840.15
232,121.62
96,71853
0.00
96.718.53
HEALTH & LIFE INSURANCE
316.748.93
547.775.12
2,801.81
867.325.86
619,354.26
247,97160
129,344.14
118.627.46
I ITI.,
E
MN
BAIL BOND BOARD FUND
45,008.33
505.88
000
45,51421
119.00
45.39521
000
45.395.21
RIM I I �
ME
TOTAL
15,743.589.71
31,368.874 18
30-444,777 49
26,211 281 1717
181,59252
42,136,463.30
10.767,589.12
924,096.69
.VV I&-. 1%%A0%x UK 011u9c %3cneiai, -itate Lateral KOM. uenerai PermAmpv., Road & Bridge Projects, and the Juvenile Ji
per the Auditor's Office. Road & Bridge General is accounted for within the General Fund balance. A combined balanc
This report is submitted as true and correct to Commissionors Court by
IL
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APRIL 1997 TREASURER'S RFPnRT
FUND NAME
FUND BALANCE
INCOMING
INVESTED TEXPOOL
SUB -TOTAL
DISBURSED
FUND BALANCE
INVESTED
BAL.IN ACCT.
3/31/97
INTEREST -April
4/30/97
4130/97
.,xc'4�, t:a,•',�£e' .� •af•. <`
;^�. j�{'~n,. Oh-
WEN
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of
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: Gc'J � �
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, %� ".0
803,569 22
GENERAL FUND
19,484,941 12
1,559,771 47
49,841.93
21,094,554.52
2,122,984 12
18,971,570.40
f•
18,168,001 18
,v ,`G``` :vF \:.. . }'��< r {t'' �t•.�� .t• � `.l\c
C8
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{ S
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h{ }�` ,�2� \..,
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STATE LATERAL ROAD'
25,957.06
67.46
5586
26,080 38
-
26,080.38
12,723 70
13,356 68
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GEN.PERMANENT IMPV.
5,479,298 85
2001
(346 62)
5,478,972.24
22,658.47
5,456,313 77
.AGO. .
5,403,747 87
52,565 90
>r
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O %`a,4}'�x•`+vn„ .t .�'
,yy
Oi+ ' C,}i?rl yt'\ ,�,��;;
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ROAD & BRIDGE PROJECTS
3,065,278 96
2,641,77
4,34282
3,072,263 55
102,801 46
2,969,462 09
2,964,995 03
4,46706
��n `;` T`�• � ; `4 -, }, Jy k `� `.+� 1'� �, r
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+�(
!•`i'.d {} Y f+C;CbO,'{4'%ji> `
JUVENILE JUSTICE CENTER
, v,,t t}}'•i
2,167,847.75
80548
7,96426
2,176,617.49
343,127.00
1,833,490 49
1,673,999 62
159,490 87
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.TTL:ABOVE COMBINED ACCTS.
- 30,223,323.74
1,563,306.19
61,858.25
31,848,488.18
2,591,571.05
29,256,917.13
28,223,467.40
1,033,449.73
M1
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GEN.OBLIG.DEBT SVC.
755,465.10
4.14
3,32614
758,795 38
462.00
758,333 38
757,586 31
747.07
- {,
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HEALTH DEPARTMENT
96,718.53
55,674 31
000
152¢ , 3X9 4
8:S
7 3 7
7'
.36`Y.3
79,01521
000
79,015 21
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HEALTH & LIFE INSURANCE
247,971.60
247,751 30
2505
495,747 95
274,511.14
221,236 81
1,36919
219,867 62
.' !,� ` N• .
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BAIL BOND BOARD FUND
45,395 21
1,678.46
000
47,073 67
4500
473,`028 67
000
47,028 67
,!V ` • ?:7;{ x; , r +* y> :' ti � ,
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r. �j,F A:Gi r •
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`
TOTAL
31,368,874.18
1,868,414 40
6520944
.
33302,498.02
,f
2,939,966.82
30,362 ,531.
28,982,422 90
1,380,108.30
-Num: State Laterai ►toad, uenerai Nerm.1mpv., Road & undge Projects, and the Juvenile Justice Center funds were combined into the General Fund checking account
per the Auditor's Office. Road & Bridge General is accounted for within the General Fund balance. A combined balance is shown in the shaded portion of this report.
This report is submitted as true and correct to Commissioners Court by , E3ra7os County Treasurer, on 1997.
_ �..eG�es - •Mn.�w."y'+R+*r+• -..... -..,.• w�a._.• r., a�... yy.. yr. r.- ...�-- .- .+r- nn•°+'+++.w..•..v.. .. .-+.' s�' an^•.. s •.`...+s+.rs-.*w•�+h.+•.• -..• -: _ _ �.- r.r�nF"�c 'Fv`- ""�•o: p.. `*r..•� -w rT'�'^•'i�`„
Wr
STAR ARMORED INC TEXAS LICENSE C -306
ARMORED CAR SERVICE AGREEMENT
This Agreement made and entered into by and between STAR ARMORED INC,
hereinafter referred to as "Company", and BRAZOS COUNTY hereinafter referred to as
"Customer ". Customer Mailing Address: 300 EASL26TH STREET SUITE 214. BRYAN TX
JJ803-
CustomerContact: KAY WETTEMENN (409) 361 -4290_
WITNESSETH:
In consideration of the mutual covenants and agreements contained herein, the
parties intending to legally bind themselves, their successors and assigns, hereby agree as
follows:
(1) PERFORMANCE.
(a) S.cojte._otDpEration. The Company agrees to transport for and on
behalf of the Customer, currency, coin, negotiable instruments and other documents from
1. 8 A OS _OUNTY TREASURER'S OFFICE- 300 FAST 26TH ST_ SUITE 311 BRYAN
2_ BRAZOS COLINTY ADULT PROBATION OFFICE_ 202 EAST 27TH ST_ SUITE 202.RRYAN
IBRA70S COUNTY JUSTICES OF THE PEACE_ PCT 7. PLACE 1 AND PLACE 2. 100
ANDERSON ST__ C01 I E E STATION,IX and deliver to NORWEST BANK, 3000
BRIARCREST DR, BRYAN TX, in accordance with thb following schedule:
Each Monday one time per day Each Tuesday one time per day
Each Wednesday one time per'day Each Thursday one time per day
Each Friday one time per day
For a total of FIVE times per week.
Any extra trips, additions to or changes from this schedule requested by the
Customer shall be subject to adjustment of charge agreeable to the Company and the
Customer.
SPECIAL PROVISIONS:
(b) terms of Payment. In consideration of the above specified
deliveries and services to be rendered by the Company, the Customer agrees to pay the
Company the sum of $600.00 per month plus applicable State sales tax rate payable within
ten (10) days after billing for such services. Past due accounts shall be subject to an
interest charge at the rate of 18% per year. The regular billing above stated does not
include the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day,
Thanksgiving Day, Christmas Day, President's Day, Columbus Day, Veteran's Day, and M.
L. King Day, which are subject to an extra charge of $25.00 per trip which you request.
Special trips are defined as follows:
I. Any trip other than the Company's regular schedule or holiday pick -ups
II. Any service rendered because of earlier than usual Customer closing time.
` Ill. The need to return to Customer's bank to pick up change orders not called f(I
on time.
IV. When asked to return later because of a Customer's unfinished deposit.
V. Any service after 6:00 P.M. New Year's Eve and Christmas Eve, regardless
of whether or not Customer is scheduled for that night of the week
t
t
voL_1L _ PAOR. L�
t
d
y
i
M
1
0
0
The charge for "special trip" service will be the Customer's daily average rate plus
$45.00 per trip.
Each time the Company's messenger Is delayed by the Customer for a period of
more than seven (07) minutes to a maximum premise time of fifteen (1 5) minutes while •
attempting to pick up a deposit or deliver a change order, an extra charge of $10.00 will be
added. j
•
(2) EEUCTIYE-DAT.E• Subject to the terms and conditions of this Agreement,
Company service shall commence on OCIOBER-l_ 1991 and shall continue for a period of
twelve (12) months. At the expiration of the term provided herein, the service shall be
automatically extended from month to month until either terminated by the Company or the
Customer on thirty (30) days written notice or until superseded by a new written
agreement.
(3) CQNQLTLONS- .OFACCEPIANCE. The Company's acceptance of any
shipments shall be conditioned upon the shipments being sealed and packed In containers
made of materials of strength, durability and quality sufficient to withstand handling,
stacking, strapping and rubbing incident to transportation by the vehicle, loading, unloading
and transfer, and must be identified in detail sufficient to enable the Company to determine
that the commodity being transported Is authorized to be shipped by the Company. The
Company shall not be obligated to receive any bag or package not properly locked or sealed
to its satisfaction and, in the event that any bag or package is delivered to the Company not
properly locked or sealed to its satisfaction, the Company shall under no circumstances be
liable or responsible for any shortage claimed with respect to the contents of such bag or
package, Company assumes full responsibility for the condition of the bag or package. The
shipments shall be clearly labeled with the consignor's and consignee's name and address
and the stated value of each parcel or container.
(4) RESM.IMILITY OE-COMPANY. The Company shall be responsible for the
safekeeping of the commodities transported and /or warehoused for the Customer. Such
responsibility shall commence when the commodities have been received, accepted and
receipted for by the Company and shall terminate when the commodities have been = '
delivered to and receipted for by the consignee thereof designated by the Customer.
(5) COMPANY. LIAB1LLTY.. Liability of the Company in the event of shortage or ;
loss for whatever cause, including its own negligence, shall not exceed the sum of
$1,000,000.00 or the declared value signed and receipted for at the time of shipment,
whichever is less, on any one shipment. Company or Customer may cancel or terminate
this Agreement upon one (1) day's prior written notice In the event the Insurance required to
be carried by Company under paragraph 7 shall be either canceled or substantially altered or
Company's Insurance underwriter shall notify Company of Its Intentions to cancel or
substantially alter Company's cargo Insurance.
Company shall not be liable for loss or delay caused by acts of God, riot, war, or
Insurrection, or cause or event beyond the control of the Company. Notwithstanding
anything herein contained, the liability of Company hereunder shall not extend to, and
Company shall not be liable for, loss or damage hereunder arising directly or Indirectly from
risks as described In the following terms: (a) Hostile or war like action in time of peace or
war, Including, without limitation, action in hindering combating or defending against all
actual, impending or expected attack, (1) by any government or sovereign power or by ally
authority or power maintaining or using military, naval or air forces, or (2) by military, naval
or air forces, or (3) by an agent or agents of any such government, power, authority or
forces: (b) Any weapon of war employing atomic fission or radioactive force whether In time
of peace or war, Ic) Insurrection, rebellion, revolution, civil war, usurped power, seizure of
I "I(I(! l
VOL /T.,..JPAULJ_9'5_
- - _ - - "•s - ..r - _ ... -.`- ..- nom.- ._- .T_��e.
.l
J
destruction under quarantine or customs regulations, or confiscation by order of any
government or public authority, or risks of contraband or illegal transportation or trade; (d)
Nuclear reaction or nuclear radiation or radioactive contamination; (e) Shortages clamed in
the contents of sealed or locked shipments not caused by Company or its employees; (f)
Loss incurred in safe(s) on the Customer's premises, (g) Breakage of statuary, marble,
glassware, bric-a-brac, porcelains or similar fragile articles or erasure of magnetic date from
computer media; (h) Any act or default of Customer that is the direct and proximate cause
of a loss or damage.
The Company shall not be liable for non - performance or delay caused by road, street
or weather conditions. The Company is not a guarantor of any pickup or delivery times and
such times are approximations or estimates.
(6) IND-EMNIEiCATION RY-CDMPANY. Not withstanding any provision herein to
the contrary, the Company does hereby agree to indemnify and hold harmless Customer
from all losses, clams of losses, damages, and expenses (including without limitation
attorney's fees) asserted against Customer by third parties directly and proximately arising
out of or occurring by reason of the negligence or misconduct of the Company, its officers.
agents, employees or authorized representatives.
(7) INSURANCE The Company shall at all times maintain cargo and liability
insurance in an amount sufficient to insure the value of all commodities receipted for by the
Company for Customer and any other shippers sharing such transportation and all
commodities receipted for and warehoused by the Company at its facilities. The Company
shall furnish Customer with a certificate of insurance upon written request.
(8) CLAIMS. As a condition precedent to recovery, Customer must notify the
Company in writing of any claim or loss within twenty -four (24) hours after a loss is
discovered or should have been discovered in the exercise of due care, and in any event
within thirty (30) days after the occurrence of any such loss and, unless notice shall have
been given, any such claim shall be deemed to have been waived. No action, suit or other
proceeding to recover for kny such loss shall be maintained against the Company unless
written notice shall have been given to the Company as aforesaid, and unless such action,
suit or proceeding shall have been commenced within twelve months of the discovery of
such loss by Customer with respect to which suit, action or proceeding shall be brought.
Within thirty (30) days after giving of written notice of any claim or loss, Customer shall
furnish the Company detailed written proof of loss including date of shipment, name and
address of consignee and consignor, and notice and description of the shipment and the loss
alleged. Customer agrees to cooperate with and assist the Company or its insurer in the
investigation and recovery of such loss. Upon payment of a loss hereunder, the Company
or its insurance company shall be subrogated to all the Customer's rights and remedies of
recovery therefore
19) This Company is regulated by the Texas Board of Private Investigators and
Private Security Agencies, P.O. Box 13509, Austin, Texas 78711. (512) 463 -5545
(101 SHIPMENT. AND_RETURN. When delivery of a shipment cannot be made for
any reason, the Company shall notify Customer and return the shipment to the Customer or
to the Company's vault for storage. Shipments that are refused by the consignee for any
reason will be returned to the Customer or to the Company's vault for storage and
notification of such return shall be given to Customer.
0 1) RECONSIRU.CTION -OF —CHECKS. Customer agrees to cooperate to the fullest
extent to which it is capable in reconstructing checks constituting a part of a loss and as to
said checks, the Company's liability shall be the payment to the Customer of (a) Reasonable!
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destruction under quarantine or customs regulations, or confiscation by order of any
government or public authority, or risks of contraband or illegal transportation or trade; (d)
Nuclear reaction or nuclear radiation or radioactive contamination, (e) Shortages clamed in
the contents of sealed or locked shipments not caused by Company or its employees, (f)
Loss incurred in safe(s) on the Customer's premises, (g) Breakage of statuary, marble,
glassware, bric-a-brac, porcelains or similar fragile articles or erasure of magnetic date from
computer media; (h) Any act or default of Customer that is the direct and proximate cause
of a loss or damage.
The Company shall not be liable for non-performance or delay caused by road, street
or weather conditions. The Company is not a guarantor of any pickup or delivery times and
such times are approximations or estimates.
16) INDEMNIELCATIO.N_ 3.Y_CO v1 _ANY Not withstanding any provision herein to
the contrary. the Company does hereby agree to indemnify and hold harmless Customer
from all losses, clams of losses, damages, and expenses (including without limitation
attorney's fees) asserted against Customer by third parties directly and proximately arising
out of or occurring by reason of the negligence or misconduct of the Company, its officers.
agents, employees or authorized representatives
(7) INS IRAN . . The Company shall at all times maintain cargo and liability
insurance in an amount sufficient to insure the value of all commodities receipted for by the
Company for Customer and any other shippers sharing such transportation and all
commodities receipted for and warehoused by the gompany at its facilities. The Company
shall furnish Customer with a certificate of insurance upon written request
(8) CLAIMS. As a condition precedent to recovery, Customer must notify the
Company in writing of any claim or loss within twenty-four 124) hours after a loss is
discovered or should have been discovered in the exercise of due care, and in any event
within thirty (301 days after the occurrence of any such loss and, unless nonce shall have
been given, any such clam shall be deemed to have been waived. No action, suit or other
proceeding to recover for j�ny such loss shall be maintained against the Company unless
written nonce shall have been given to the Company as aforesaid, and unless such action,
suit or proceeding shall have been commenced within twelve months of the discovery of
such loss by Customer with respect to which suit, action or proceeding shall be brought
Within thirty (30) days after giving of written nonce of any claim or loss, Customer shall
furnish the Company detailed written proof of loss including date of shipment, name and
address of consignee and consignor, and nonce and description of the shipment and the loss
alleged. Customer agrees to cooperate with and assist the Company or its insurer in the
investigation and recovery of such loss. Upon payment of a loss hereunder, the Company
or its insurance company shall be subrogated to all the Customer's rights and remedies of
recovery therefore
19) This Company is regulated by the Texas Board of Private Investigators and
Private Security Agencies. P 0. Box 13509. Austin. Texas 78711 1512) 463.5545
110) SHIPMENT AND-RETURN When delivery of a shipment cannot be made for
any reason. the Company shall notify Customer and return the shipment to the Customer or
to the Company's vault for storage Shipments that are refused by ilia consignee for any
reason will be returned to the Customer or to ilia Company's vault for storage and
notification of such return shall be given to Customer
0 1) RECONSTRUCTION - OF_CHECKS• Customer agrees to cooperate to the fullest
extent to which it is capable in reconstructing checks constituting a part of a loss and as to
said checks, the Company's Lability shall be the payment to the Customer of (a) fleasonable-
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costs necessary to reconstruct the checks plus any necessary costs because of stop-
payment procedures; (b) The face value of checks that cannot be reconstructed, provided
proof of the value thereof is presented to the Company.
It is understood and agreed by the parties to this Agreement that the words
'reconstruct ", "reconstructed" and "reconstruction" shall mean to identify the checks only
to the extent of determining the face amount of said checks and the identity of the maker or
the endorser of each. Customer agrees, in case of loss, to promptly and diligently cooperate
with the Company in the identification and replacement of lost, destroyed or stolen checks
that had been contained in any such shipment. Complete cooperation shall include but be
limited to requests by Customer to makers of stolen checks to issue duplicates and, in the
event the makers refuse to do so, then assert all its legal and equitable rights against said
makers or to subrogate such rights to Company and its assigns.
112) C1iANGESJN_1 RfflNG. This Agreement may not be changed or modified in
any way by oral statements or actions of any representative, messenger or agent of the
Company or Customer Any change or modification of the Agreement must be reduced to
writing and signed by an officer of the Company and Customer.
(13) COST INCR ASES, The Company reserves the right to adjust the fees
hereunder proportionately for fuel or insurance cost increases; provided, however, that the
Company shall notify the Customer thirty (30) days in advance of any such increases and
Customer shall have the right to terminate service hereunder with thirty 130) days written
notice to the Company as the results of such increase.
(14) ADDRESS OF COMPANY_ STAR ARMORED INC, P.O. BOX 4042, BRYAN,
TEXAS 77805. (409) 846.1313
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized officers or agents this 0.9- day of SEPfon6E.e 1997.
CUSTOMER:
RRA7AS COUNTY
BY:_ V/N 4J_ T9AiF3
Title: 0oajiTY "SuoaL-
COMPANY:
STAR ARMORED INC
ey' �G— —
MIC410L G. SHIPPER
CEO
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