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BRYAN. TEXAS 8 ~~p~T Y
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
SEPTEMBER 14,1999 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 Thomton.
2. Pledge of Allegiance - Commissioner Thornton.
3. Presentation by the Community Health Care Endowment Fund Review Committee
regarding tobacco settlement funds.
Consider and take action on agenda items 4 - 27:
4. Budget Amendment 98/99-38.
5. Personnel Change of Status.
6. Payment of Claims.
7. Determining number and classification of members to serve on an interim basis as
directors of the Brazos County/Robertson County Water District.
8. Proposal for location and construction of a Justice of the Peace/Constable, Precinct 2,
office.
9. Requesting a retirement buy-back study by the Texas County and District Retirement
System.
10. Texas Highway Traffic Safety Program Grant Agreement with the Texas Department
of Transportation for the County Attorney's "Sell to Minor Sting Program."
11. Annual Contract with Dr. Rany Cherian for Jail and Juvenile Services Department
Physician Services.
12. Setting of Civil and Criminal Court Costs and Fees.
13. Setting of fees for services by the Sheriff and Constables.
14. Entering into contract with the Brazos Valley Council of Governments for Workforce
Board administration.
15. Contract with Ingram, Wallis & Company for outside auditing services.
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Commissioners Court Meeting Agenda
September 14, 1999
Page Two
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16. Revisions to the contract with W. M. Klunkert, Inc. for the construction of the
Detention Center Addition:
a. R-3 Handicapped Revisions $4,594.00 (in contingency)
b. R-7 Jail Standards Revisions 624.00 (in contingency)
C. R-8 Addition of Floor Drain, Chase 153 2,244.00 (in contingency)
17. License Agreement with CBI, & Associates Properties, Inc. for office space in Post Oak
Mall for the Sheriff s Office.
18. Resolution approving the budget of the Brazos County Emergency Communications
District for fiscal year 1999-2000.
19. Agreement with the Brazos County Emergency Communications District to provide
emergency communications dispatching.
20. Requisition from Certificate of Obligation funds for purchase of two flagpoles for
Courthouse.
21. Blanket purchase order to Government Records for $18,000.00 for the County Clerk's
Office.
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22. Requisitions from Capital Projects Funds for the following:
a. Core Samples for the Road & Bridge Department
b. Handheld radios for the Sheriffs Office
23. Approval for 1999-2000 vendor exemptions.
24. Contract with Texas Voting Systems, Inc. for election services for the November 2,
1999 General Election.
25. Request by Wickson Creek Special Utility District to construct a road bore for a water
line in the right-of-way of Steep Hollow Road approximately 2,200 feet from its
intersection with Elmo Weedon Road. Site is located in Precinct 3.
26. Request from Texas A&M University to construct two road bores for the purpose of
installing corrosion protection systems in the following locations which are in Precinct
4..
a. Silver Hill Road 0.3 mile from its intersection with SH 21
b. Charlotte Lane 0.2 mile from its intersection with Leonard Road.
27. Approval of minutes from the following Commissioners Court meetings:
a. Regular meetings conducted on May 3, 1999, May 10, 1999, May 17, 1999 and
May 24,1999;
b. Special meeting conducted on May 5, 1999;
C. Workshop meeting conducted on May 24, 1999.
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28. Announcement of interest items and possible future agenda topics.
29. Call for citizen input and/or concerns.
30. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 14, 1999
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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 Tuesday, September 14, 1999, with the following
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 Thornton gave the invocation and led the
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pledge of allegiance.
The Court heard a presentation by the Community Health
Care Endowment Fund Review Committee concerning tobacco
settlement funds. They made the following recommendations for
funding:
Hospice of Brazos Valley $72,000
American Lung Association
of Texas $34,000
Brazos Valley Council on
Alcohol and Substance Abuse $46,214
Coalition consisting of
Brazos Valley Council on Alcohol
and Substance Abuse, Pre-Natal Clinic,
Brazos Valley Community Action Agency,
and Brazos Valley Rehabilitation
Center
The Court next considered Budget Amendment #98/99-38.1
through 38.4, which would increase funding for County Court at
Law II, correct Budget Amendment 98/99-36.9 approved on August
24, 1999, and reallocate funds for the Sheriff/Jail
Administration. On motion by Commissioner Cauley, seconded by
i Commissioner Thornton, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
hereto.
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Commissioners Court meeting September 14, 1999
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The Court proceeded to consider the change of status of
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the following employees.
NAME
Groff, Patty
Good, James
Gottschalk, T
Foster-Walker, F
Buck, Patricia
Charlton, Damion
Fraley, Kristopher
DEPARTMENT
BV Workforce Fund
BV Workforce Fund
BV Workforce Fund
BV Workforce Fund
BV Workforce Fund
Road & Bridge
Sheriff/Jail
REASON
New Employee
New Employee
New Employee
New Employee
New Employee
Terminated
Promotion
On motion by Commissioner Sims, seconded by Commissioner
Cauley, 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:
99-010393 through 99-010553
On motion by Commissioner Sims, seconded by Commissioner,
Cauley, the Court voted unanimously to approve the Claims as
submitted.
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The next matter for consideration was the number and
classification of members to serve on an interim basis as
directors of the Brazos County/Robertson County Water
District. Commissioner Sims moved to have a representative
from each city; a representative from a rural water system and
one agriculture representative. Commissioner Thornton
seconded the motion. Commissioners Jones, Thornton, Sims and
Cauley voted "Aye". The County Judge abstained.
The next item for consideration was a proposal for
location and construction of a Justice of the Peace/Constable,
Precinct 2 office. Commissioner Jones gave a brief overview
of the project. He spoke with the Fire Commissioners about
having the Fire Station and the Justice of the Peace/Constable
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offices located on the same property that is being donated to
the fire department. Legal counsel stated that the County
must pay fair market value for any property that is purchased.
The Judge voiced concern over the reversion clause, due to
upcoming redistricting and the possibility of making the
Commissioners, Constable and Justice of the Peace precinct
Commissioners Court meeting September 14, 1999
3
lines the same. He worried about expending $80,000.00 on a
building and then no longer having it in the correct precinct
after changing the precinct lines. Lynn Elliott, Precinct 1
Rural Fire Commissioner stated that the reversion clause was
not a requirement of the landowner, but of the Rural Fire
Prevention District. Commissioner Cauley was pleased with the
southern location because of the growth in the area.
Commissioner Sims moved to proceed with plans to locate the
building at State Highway 6 and FM 159 subject to the
reversion clause being remedied. Commissioner Cauley seconded
the motion and it carried unanimously.
The court next considered requesting a Retirement Buy
Back Study be done by the Texas County and District Retirement
System. This would allow employees to buy back prior service
years and redeposit their previous withdrawals from the
system. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to request a
Retirement Buy Back Study be done by the Texas County and
District Retirement System.
The next item before the Court was the Texas Highway
Traffic Safety Program Grant Agreement with the Texas
Department of Transportation for the County Attorney's "Sell
to Minor Sting Program." This is the fifth year grant
agreement with the Texas Department of Transportation. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to approve the grant agreement
with the Texas' Department of Transportation for the County
Attorney's "Sell to Minor Sting Program." A copy of the
agreement is attached.
The next matter before the Court was approval of the
annual contract with Dr. Rany Cherian for the Jail and
I Juvenile Services Department. Two minor changes were required
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I to meet the needs of Juvenile Services and Dr. Cherian.
Neither change will result in any additional compensation to
Dr. Cherian. On motion by Commissioner Cauley, seconded by
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Commissioners Court meeting September 14, 1999 4
Commissioner Jones, the Court voted unanimously to approve the
annual contract with Dr. Rany Cherian for the Jail and
Juvenile Services Department Physician Services. A copy of
the contract is attached.
The Court next considered the setting of Civil and
Criminal Court Costs and Fees. Commissioner Cauley moved to
approve the fees. Commissioner Jones seconded the motion.
Commissioner Thornton raised a question about considering the
items separately. Commissioners Cauley and Jones withdrew
their motion and second. The Court proceeded to act on
amendments individually.
A) Amendment of article 43.069(K) of the code of
Criminal procedure, which increases the amount of
credit for each eight hours of community service.
On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to
increase the amount of credit for each eight hours
of community service.
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B) Article 45.041 which authorizes a justice of the
peace or municipal court judge to require
restitution in an amount up to $500. It also
provides that both courts shall credit the
defendant for time served in jail. The credit will
be applied to fines and court costs at the rate of
not less than $100 for each day served, Article
45.048. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously
to authorize a justice of the peace to require
restitution in an amount up to $500 and credit
defendant for time served in jail at the rate of
not less $100 for each day served.
C) Article 102.072 of the Code of Criminal
Procedure which allows any county to charge an
administrative fee of up to $2 per transaction for
fines, fees or restitution collected by officers
listed in Article 103.003. These include district
and county attorneys, district and county clerks,
sheriffs, constables, justices of the peace,
community supervision and corrections department
personnel. On motion by Commissioner Cauley,
seconded by Commissioner Sims the Court voted
unanimously to authorize the charge of an
administrative fee of up to $2 per transaction for
fines, fees or restitution collected by officers
listed in Article 103.003.
D) Local Government Code Section 323.023(a) allows
for the increase of the county law library fee to
no more than $35. This fee can be set by the
County Commissioners Court for each civil case
filed in a county or district court, except for
delinquent tax suits. Commissioner Cauley and the
County Judge made the motion and the second. They
both withdrew the motion and second and the Court
took no action on this item.
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Commissioners Court meeting September 14, 1999
E) Government code Section 51.704 provides for the
clerk of a statutory probate court to collect an
additional $40 filing fee in each probate,
guardianship, mental health, or civil case filed.
On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to
approve the collection of an additional $40 filing
fee.
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On motion by Commissioner Sims, seconded by Commissioner
Jones, the Court voted unanimously to set the following fees
for services by the Sheriff and Constables:
These fees will be for the District Courts County Courts
Justice of the Peace Courts and Small Claims CourtG
NOTICES
Subpoena
$45.00
Summons
$45.00
Writ of Attachment
$60.00
Writ of Garnishment
$60.00
Writ of Sequestration
$60.00
Orders of Sale
$60.00
Writ of Possession
$60.00
Forcible Detainer
$45.00
SERVICE FEES:
Small Claims Citation
$45.00
Justice Court Citation
$45.00
All Other Courts' Citations
$45.00
Other Service fees: All Citation $45.00, All Writs $60.00
(unless fee mandated by state), Posting of Public Notie of
Sales $30.00 (each loaction), Precepts $45.00, Show Cause
$45.00, Executing a Deed for Real Property $40.00, Executing
a Bill of Sale for Real Property $40.00, Restraining Order
$60.00, Distress Warrant $60.00, Turnover Order with Executin
$60.00, Commitment (from civil Suits) $60.00,
Citation/Temporary Protective Order $20.00, Notice of
Application/Protective Order $20.00
Service Commission for Executions and Order of Sale:
For all sums $0.00 - $200.....10%
For all sums $200 - $1,000.....6%
For all sums $1,000 - $5,000...3%
For all sums $5,000 - up....... 2%
If the above sums are collected without sale, one-half
(1/2)of the foregoing rates shall apply.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Council of Governments (BVCOG) FOR Workforce Board
Administration. On motion by the County Judge, seconded by
Commissioner Thornton, the Court voted unanimously to enter
into contractual agreement with the Brazos Valley Council of
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Commissioners Court meeting September 14, 1999
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Governments (BVCOG). A copy of the 'contractual agreement is
attached hereto.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Certified
Public Accounting firm of Ingram, Wallis & Company to conduct
a general purpose financial audit of Brazos County, Texas.
This is a three (3) year contract for years 1999, 2000 and
2001. The cost to Brazos County will be $75,200.00 for year
ended 1999, $78,900.00 for year ended 2000 and $82,5000.00 for
year ended 2001. On motion by Commissioner Cauley, seconded
by Commissioner Thornton, the Court voted unanimously to enter
into contractual agreement with Ingram, Wallis & Company A
copy of the contractual agreement is attached hereto.
The County next considered approving revisions to the
contract with W. M. Klunkert, Inc. for the construction of the
Detention Center Addition. The proposed revisions are as
follows:
a. R-3 Handicapped Revisions $4,594.00**
b. R-7 Jail Standards Revisions $624.00**
c. R-8 Addition of Floor Drain, Chase 153 $2,244.00**
these funds are in contingency
on motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the revisions.
A copy of the revisions is attached.
The next matter before the Court was approval of a
License Agreement between Brazos County and CBL & Associates
Properties, Inc. for the rental of space at Post Oak Mall. The
cost to Brazos County will be $1.00 annually. The term of the
contract will be from October 1, 1999 to September 30, 2000.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to enter into license
agreement with CBL & Associates Properties, Inc.. A copy of
the license agreement is attached hereto.
The Court next considered adopting a resolution approving
the budget of the Brazos County Emergency Communications
District for fiscal year 1999-2000. On motion by Commissioner
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Commissioners Court meeting September 14, 1999 7
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Sims, seconded by Commissioner Cauley, the Court voted
unanimously to adopt a resolution approving the budget.
The Court next considered entering into Agreement with
the Brazos County Emergency Communications District to provide
emergency communications dispatching. Term of the Agreement is
from October 1, 1999 through September 30, 2000. The cost to
the County will be ONE HUNDRED EIGHTY THREE THOUSAND ONE
HUNDRED DOLLARS AND NO CENTS ($183,100.00). On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to enter into agreement with the Brazos
County Emergency Communications District and authorized the
County Judge to execute the Agreement on behalf of Brazos
County. A copy of the Agreement is attached.
The Court next considered approving for payment a
requisition from Certificate of Obligation Funds for the
purchase of two (2) flagpoles for the Courthouse. On motion by
Commissioner Cauley, seconded by Commissioner Jones, the Court
voted unanimously to approve payment of the requisition from
CO Funds. On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to approve
Alternate to Change Request #7 which is to provide and install
red brick pavers at flagpole area.
The Court proceeded to consider the following blanket
Purchase Order:
Government Records County Clerk $18,000
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered approval of requisitions from
the Capital Projects Fund for the following purchases:
a) Core Samples for the Road & Bridge
Department $1,000.00
b) Handheld radios for the Sheriff's office
$2,944.15
Commissioners Court meeting September 14, 1999
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On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Projects Fund.
The Court next considered approval of the 1999-2000
vendor exemptions list. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the vendor exemptions. A copy of the vendor list
is attached.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and Texas Voting
Systems, Inc. for election services for the November 1999
General election. Texas Voting Systems, Inc. will provide
supplies and services necessary to conduct the election. The
cost to Brazos County will be $20,400.00. On motion by
Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to enter into contractual agreement
with Texas Voting Systems, Inc. A copy of the contractual
agreement is attached hereto.
The court next considered the request from Wickson Creek
Special Utility District to construct a road bore for a water
line installation in the right-of-way of Steep Hollow Road
approximately 2,200 feet from its intersection with Elmo
Weedon Road in Precinct 3. The County Engineer stated that
all appeared to be in order and recommended approval. On
motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to approve the request
from Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered the request f rom Texas A&M
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University to construct two (2) road bores. One is in the
right-of-way of Silver Hill Road, 0.3 mile from its
intersection with SH 21 and the second is in the right-of-way
of Charlotte Lane, 0.2 mile from its intersection with Leonard
? f ; Road. This is for installing corrosion protection systems.
The sites are located in Precinct 4. The County Engineer
Commissioners Court meeting September 14, 1999
9
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Cauley, seconded by
• Commissioner Thornton, the Court voted unanimously to approve
the request from Texas A&M University and authorized the
installation. A copy of the request is attached hereto.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in May, 1999 on the
following dates: Regular Meetings held on 3, 10, 17, 24;
Workshop held on 24, and Special meeting held 5, 1999. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to approve the minutes as
submitted.
Under announcement of interest items and possible future
agenda topics, the County Judge made the following comments:
1) He received a memo from the Auditor
concerning audit report being provided to
the Court.
• 2) There will be a meeting with Jim
Singleton, Architect for the Expo Center.
The County needs to move forward to
acquire property for the Expo Center and
to do a feasibility study.
3) Two Justice of the Peace Precincts have
overspent their budgets. Those are
Justice of the Peace, Precinct 3 and 4.
4) He received a letter from Emergency
Management Texas in reference to Y2K
Week. A Proclamation is forth coming and
will be adopted later.
5) Parking spaces will be reallocated at the end
of the Jasper Trial.
6) He and Susan Gandy are heading up the
United Way funding campaign for
Government offices this year.
Commissioner Sims made the following comment:
1) Is there the possibility of making
Washington Street one way from the First
• Baptist Church to 24"' Street? He will
talk to the City of Bryan about this.
Under citizen input and/or concerns, Jim Robertson, Ex-
Director of BVCASA stated that he appreciated the work done by
the committee and thanked them for the funding.
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Commissioners Court meeting September 14, 1999
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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
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401.
held September 14, 1999 have been examined and are approved in
open Court this the /S fj( day of EB.euAAY 2000, in
Bryan, Brazos County, Texas.
Alvin W. Jones
County Judge
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Wm. S. Thornton
Commissioner,
Precinct No. 2
Tony Jo
Commissioner,
Precinct No- 1
Comm sio
Comm stoner,
Pre inct No. 3
ey Ca 1 , Jr.
Commiss'oner,
Precinc No. 4
Mary An Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 38.1 thru 38.4
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On this the 14th day of September 1999 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 September 14, 1999 the Court heard and approved a
budget amendment for the 1998-1999 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 September 1, 1998 the following
amendment(s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 14th day of September 1999.
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
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BRAZOS COUNTY, TEXAS
_ BUDGET AMENDMENTS
No. 98199-38.1 - -
- •-------9/14/99
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
01
231001
606000
Dr.
Office Supplies
22.00
01
231001
614900
Dr.
Petit Jury Expense
_
36.00
01
231001
619000
Dr.
Visiting Court Reporter
_
500.00
01
231001
618010
Dr.
Travel
360.00
01
231001
611100
Dr.
Conference & Seminar Fee
150.00
01
110015
611300
Cr.
Contingency
1,068.00
County Court at Law #2
To increase the budget per Judge Jones' recommendation.
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BRAZOS COUNTY TEXAS
BUDGET AMENDMENTS
No. 98/99-38.2
9/14/99
FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
$ 250.00
01 230001 606000 Dr Office Supplies
01 230001 654500 Cr Office Equipment Maintenance S 250.00
Count Court at Law //1
To correct Budget Amendment on 8/24/99.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-36.9
8/24/98
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
230001
654500
Dr.
Office Equipment Maintenance
$ 125.00
01
230001
606000
Cr.
Office Supplies
$ 125.00
Count Court at Law #1
To reclassi budge t to provide
funds for O
ffice Supplies needed for the remainder of the bud et car.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-38.3
9/14/99
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280020 725400 Dr Physician Services $100.00
01 280020 614500 Cr Miscellaneous Expenditures $100.00
Sheriff-Jail Administration
To reclassify budget to allow for overrun in line items.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-38.4
9/14/99
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 280020 721570 Dr Counseling Services $250.00
01 1280020 601700 Cr Copier Supplies $250.00
Sheriff-Jail Administration
To reclassify budget to allow for overrun in line items.
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TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS • •
THE COUNTY OF TRAVIS
THIS AGREEMENT 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 called the
Subgrantee, and becomes effective when frilly executed by both parties. For the purpose of this agreement, the
Subgmntee is designated as a(n) local Government
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety
Plan for the following Fiscal Year(s) FY 2000
WITNESSETH
Project Title: SELL TO MINOR STING PROGRAM
Brief Project Description: To deter both off and on-orcmise licensed establishments from selling alcohol to
minors by operating mobile videos and arresting the server/clerk and filing administrative charges against the
selling establishment.
AGREEMENT
Grant Period: The Grant becomes effective on 10-1-1999 or on the date of final signature, whichever
is later, and ends on 9-30-2000
Maximum Amount Eligible for Reimbursement: S 30.000.00_, Cost incurred after the end of a fiscal
year cannot be reimbursed without prior written approval from the Department. (See also Article 3, Limitation of
Liability, in the Standard Provisions.
From Fund Source: Federal
Project Year. S Estimated Budget:
Federal State Local
Labor S 9,045.00 0.00 30,000.00
Other Direct Cost 20,955.00 0.00 0.00
Indirect/F&A Cost 0.00 000 0.00
TOTAL S 30,000 00 000 30,000.00
Project Year, Estimated Budget:
Federal State Local
Labor S
Other Direct Cost
Indirect/F&A Cost
TOTAL S
Project Year. Estimated Budget:
Federal State Local
Labor S
Other Direct Cost
Indirect/F&A Cost
TOTAL S
In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated
as indicated as a part of the Grant Agreement:
mac, Attachment A, Approved Project Description
x Attachment B, Approved Project Budget
,mac Attachment C. Standard Assurances
Attachment D. Debarment Certification
_ Attachment E, Lobbying Certification (required if amount payable is $100,000 or more)
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IN WITNESS WHEREOF. THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and approved for
the Texas Transportation Commission under the
Brazos County authority of Minute Order No. 82513 and Stand-
[Legal Name of Agency) Alone Manual Notice 96-6 for the purpose and effect
of activating and/or carrying out the orders,
established policies or work programs heretofore
r
By az..~ - J0.4A- " (-V--
AjAuthorized Sign re)
Alvin W. Jones. County Judge
[Name and Title)
Date September 14, 1999
approved and authorized by the Texas Transportation
Commission under the authority of Minute Order
No. 100002.
ATTEST:
[Signature)
Marv Ann Ward. County Clerk
[Name and Title)
Under authority of Ordinance or Resolution Number
(for local governments):
By
District gineer
Texas Department of Transportation
(For local pro*u undcr SSO,000 or recommended for
approval for =ranu 530,000 or treater.)
Date
/792
By
Director. Traffic Operations Division
(Nor required for local trams under 530.000.)
Date
Mailing 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 mall
code accordingly and notify TxDOT of any changes.):
For the Subgrantee: For the Texas Department of Transportation:
James M. Kuboviak Sarah Chambcrland T.S.S.
Brazos County Attorney's Office Texas Department of Transoortation
300 East 26° St.. Ste, 325 1300 N. Texas Avenue
Bryan. Texas 778M Bryan. Texas 77803-2760
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
ARTICLE 1. 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 terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. The method of payment for this agreement will be baud 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. U 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 S% 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 S% 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 win 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.
0. 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.
K 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 win include a schedule for phasing in funding from its own
resources and the phasing out of funding support from the Department. Ali 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 Subgrantee 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.
Certain categories of funds may be exempted by the federal government from the time limit requiremenL
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.
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TEXAS TRAFFIC SAFETY PROGRAM GRAM AGREEMENT
ARTICLE 3. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon
the availability 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 shalt state the change to the mutual
satisfaction of the parries. 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 exacted. Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant
ARTICLE 6. CHANGES IN WORK
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 Subgiantee 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 S.
If the Department finds it necessary 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.
•
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ARTICLE 7. GENERAL TERMS AND CONDITIONS
GI. Indemnification
To the extent 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 any 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 employee.
Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and ssve harmless the Department from and against all claims, demands and cause 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 fiords 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 premise in which it is being performed
If any inspection or evaluation is made on the premise 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
prommment entered in support of agreement work
Dispute concerning performance or payment shall be submitted to the Department for settlement with the
Executive Director acting as referees
This agreement shall 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.
Gd. Noncollusion
The Subgrantee 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 foe, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agmemenL 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.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT 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 Subgrantec
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, analysis and explanation of cost overruns or high unit costs.
The Subgrantee shall submit the final performance report within 30 days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon
the agreement, including:
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.
G6. Records
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
Period. 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.
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 OMB Circular A-133, "Audits of States.
Local Governments, and Other Non-Profit Organizations.'
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a part of the Subgtantee's organization shall not be
executed without prior authorization and approval of the subcontract by the DepaM=L
Subcontracts in excess of $25,000 shall contain all required provisions of this agrcemenL No subcontract will
relieve the Subgrantee of its responsibility under this agr ncnL
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TEXAS TRAFFIC SAFh-I'Y PROGRAM GRAM 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 shall give written
notice to the Subgmntee 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 commensurate 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
Subgrantec 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 faihtre 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
agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal. State and local laws, statutm 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' eompeara+ion 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
G12. 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 succcssort, 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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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G13. Ownership of Documents
C7
Upon completion or termination of this agreement, all documents prepared by the Subgrantce 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 perform 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.
G15. 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."
G16. 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 Agreemenu to State and
Local Governments," or,
• OMB Circular A- 110, 'Uniform Requirements for Grants to Universities. Hospitals, and Other Nonprofit
Organizations.'
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to segue a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terns. When so dirwed. the Subgrant a shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Departmen4 and
Shall maintain the insurance during the grant period established in Article 1.
GI& 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).
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G19. Nondiscrimination
During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows:
1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of Transponation, Title 49, Code of Federal Regulations,
Pan 21 and Title 23. Code of Federal Regulations, Part 710.405(b), as they maybe amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination: The Subgrantec, 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 Subcontracts, Including Procurement of Materials and E4uipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantce 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
i 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 Subgrantee under the agreement until the Subgrantee complies, and/or
• cancellation, termination. or suspension of the agreement in whole or in part
6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs I through S 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 Subgrantee 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. Disadvantaged Business Enterprise
It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49
CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26. apply
to this agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26. have
the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal
funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to
insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts
and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or
gender in the award and performance of contracts funded in whole or in part with Federal funds. r
These requirements shall be physically included in any subcontract
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Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the
notification of the Department, may result in termination of the agreement by the Department or other such remedy
as the Department deems appropriate. r
G21. Debarment/Suspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any party 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 party 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 shNhe has frill 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 L
• 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 property 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 parry to the contract], and the federal government reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise 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 parry to the contract), its subgrantee, or contractor purchases
ownership of with financial assistance hereunder.
Patents: Rights to inventions trade 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 (p)(1) or the clause;
• Paragraphs (g)(2) and (p)(3) of the clause shall be deleted; and
• Paragraph (1) of the clause entitled "Communications," shall read as follows: "(1) Communications. All
notifications required by this clause shall be submitted to TxDOT."
If the grant results in the development of any intellectual property as defined in Transportation Code, Section
201.205, the Department and the Subgtantee shall jointly own all the rights, title, and interests in and to all data
and other information developed under the grant. Each agency may license, reproduce, publish, modify, or
otherwise use and authorize others to use the copyright in any work developed under this grant. All such
documents will contain a copyright mark acknowledging this joint ownership. There will not be a charge to either
agency for such use.
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ATTACHMENT A
APPROVED PROJECT DESCRIPTION
BRAZOSCOUNTY
SUBGRANTEE
1.
PROBLEM IDENTIFICATION:
Drivers in the 18 to 21 age 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 conducted 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 establishment to suspend their alcohol licenses. This will decrease the number of
alcohol-impaired minors operating motor vehicles on Texas highways.
II. OBJE
CTIVE/PERFORMANCE GOALS:
Objective:
To conduct a Sell to Minor Sting Grant Program in Brazos County by September
30, 2000.
Performance Goals:
(a)
To reduce the number of establishments that sell alcoholic beverages to minors by
issuing citations and/or filing administrative cases against the establishments that
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are found to sell/serve alcoholic beverages to minors by 5% by September 30,
I
2000.
' (b)
To develop an inter-agency task force in utilizing video equipment for sting
p
operations in establishments that serve/sell, for both on-premise and off-premise
consumption, alcoholic beverages to persons under the legal drinking age.
(c)
To increase the law enforcement activities on the establishments that sell
alcoholic beverages in Brazos County during fiscal year 2000.
(d)
To demonstrate continued compliance by the permittee with alcoholic beverage
code law and regulations. through continued minor sting operation attempts.
(e)
To identify noncompliant permittees and establishments, and utilize concentrated
criminal enforcement/administrative means to achieve suspension or revocation of
the licenses of those establishments. This will be achieved by a 100% increase in
criminal enforcement efforts and administrative sanctions at those locations found
to be noncompliant. To decrease the number of establishments with multiple
violations by 50%, and decrease traffic crashes by 5% in this age group.
Genera/.""
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III. PERFORMANCE INDICATORS:
1)
Number of minor sting operations conducted.
2)
Number of criminal cases filed on sellerstservers for selling or providing alcoholic
beverages to minors. •
3)
Number of administrative cases filed on establishments that sell/serve alcoholic
beverages to minors.
IV. RES
PONSIBILITIES OF THE SUBGRANTEE:
A.
Cary 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 for written approval prior to final production.
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 quartees work.
2. The project 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. Grant
approval does not satisfy this requirement.
F.
Maintain verification that wages or salaries for which reimbursement is requested
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is for work exclusively related to this project.
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.
H.
The Subgrantee should have a safety belt use policy. If the Subgrantee does not
have a safety belt use policy in place, a policy should be implemented during the
grant year.
GeneraL 6/'99
Page 2oj5 61,55
V. RESPONSIBILITIES 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
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
objective/performance goals.
a
Genaol.669 Page 3 of i
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ACTION PLAN
OBJECTIVE: To conduct a Sell to Minor Sting Grant in Brazos County by Sept. 30, 2000.
TASK: To fulfil administrative and general grant requirements.
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PROJECT MONTH
AMITY
RESPONSIBLE
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AP
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1. Develop Inter-agency task force.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
P
P
2. Develop and improve video equipment
Subgrantee
P
P
P
P
3. Conduct stings(Goal: 2 month minimum)
Subgrantee
P
P
P'
P
P
P
P
P
P
P
P
P
P
P
4. Develop PI&E material.
Subgrantee
P
5. Distribute PI&E material.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
P
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1198 Page 4 of 5
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TONY JONES RANGY SIMS
PtwJndI Brazos County Commissioners' Court Precinol3
981.4100 W-4105
WM. S. THORNTON ALVIN W. JONES
Precinct 2 C-*y JUdpa CAREY CAULEY, JR.
381c115 981.4102 Precinct 4
301.4111
August 31, 1999
Texas Department of Transportation
1300 North Texas Avenue
Bryan, Texas 77803-2760
To Whom It May Concern:
We are requesting the following employees have designated signature authorization for the Texas
Highway Traffic Safety Program Grant Agreement:
Jim Kuboviak - Brazos County Attorney
(performance reports, annex reports, administrative evaluation data, cost
assumption plans, applications for project extensions)
Ron Stone - Project Coordinator for the Grant
Brazos County Attorney's Office
(performance reports, annex reports, administrative evaluation data, cost
assumption plans)
Candy Gallego - Administrative Assistant
Brazos County Attorney's Office
(performance reports, annex reports, administrative evaluation data, cost
assumption plans)
John Reynolds - Brazos County Auditor
Brazos County Auditor's Office
(requests for reimbursement, cost assumption plans)
Gayle Clement - Brazos County Assistant Auditor
Brazos County Auditor's Office
( contact people for requests for reimbursement) '
Brazos County Caudhouse - 300 East 2ft SL - SURe 118 - Bryan. Teas g0-4112? Fwc (409 02S4M
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Texas Department of Transportation
August 31. 1999
Page Two
Thank you for your cooperation and continued support.
Sincerely.
Alvin W. Jones
County Judge
copy: County Attorney
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GARY NORTON
Predict t nANOY SIM3
3Ot-4108 Prot3„ci S
Brazos County Commissioners' Court 301.410;
S dred 2 WALK8f1 AL JONCS CAIICY CAVl1:Y
Praoduct
CounyJudge ProNnlt 4
701-{113 ~GI-4102 301-4111
M E M O
DATE: January•9, 1995 1
TO: All Department'Heads
FROM: Commissioners Court
SUBJECT: Milage Reimbursement
The Commissioners Court,. at heir meeting held Monday, January 9,
1995 set the milage reimbursement rate at $0.29 per mile effective
immediately. This is the rate approved by IRS that eliminates the
need for record keeping for income tax purposes.
Please call should you have any questions.
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61
BRAZOS COUNTY, TEXAS
ACCOUNTING POLICY AND PROCEDURES
FOR
FIXED ASSETS
THE PROPERTY, PLANT-AND EQUIPMENT OWNED BY BRAZOS COUNTY IS IN FACT THE
PROPERTY OF THE TAXPAYERS OF BRAZOS COUNTY. IT IS THEREFORE THE
COUNTY'S RESPONSIBILITY TO INSURE THAT THE PROPERTY IS MAINTAINED IN A
USABLE CONDITION, SAFEGUARDED AND ACCOUNTED FOR.
A. GENERAL POLICIES
1. The purpose for this comprehensive fixed asset control
policy shall include but not be limited to the following:
a. Establish responsibility and accountability for the
fixed assets owned by-Brazos County
b. Establish procedures for transfers of assets
within the County
C. Establish procedures for reporting stolen or
missing property
d. Establish procedures for receiving donated property
2. All County-owned supplies, equipment and machinery must
be used for County business only. Elected Officials,
Department Heads and employees are responsible for
ensuring accountability, maintenance and use of County
equipment.
B. RECEIPT OF NEW PROPERTY - TAGGING
•
1. New property will be tagged for inventory purposes by
the Purchasing Agent. Purchasing will tag all furniture,
equipment and other property valued above $200:00 and
with a potential. -useful life of *three years or more:
exceptions shall include: small tools and telephones.
t •PPROVED BY COMMISSIONERS' COURT: January 24, 1994
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BRAZOS COUNTY
POLICY ON COMPENSATORY TIME FOR OVERTIME
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Unless prior approval is `received from Commissioners' Court,
compensatory time may be taken within 2 pay periods (28 days) following i
accrual, or the compensatory time will be cashed out at one and one-half 1
(1 1/2) times the employee's regular rate of pay.
The County will pay the employee, on the last
payroll of each month, for ,
all compensatory time eaVned, recorded and not taken from the previous '
month. The payroll offiber is authorized to pay only the compensatory
time that has been properly reported and recorded.
one and one-half (1 1/2) hours of compensatory time off are
cacti hour of overtime worked. granted for
Exempt employees do not qualify for compensatory time accrual. '
I
Compensatory time off may be taken within a reasonable time after the 1
employee requests it, as long as such use does not unduly disrupt the
operation of the department in which the employee is employed.
j.
Compensatory time off will be paid for at the rate of pay the employee
is earning when the time off is taken. n
If the employee's employment with Brazos County e;•nds, any unused f
compensatory time off will be cashed out at the employee's regular rate I
at the time of separation. If the employee's regular rate at separation
is lower than his/her average regular rate for the 3 years prior to
separation, then the average for the period (up to 3 years) preceding
separation will be used.
Any employee who has any questions, problems, -or objections concerning
this policy should discuss the matter with his/her supervisor, or the
Personnel Department. -
Adopted this A9 ra day of 1996.
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County Judge
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~IIILAZOS COUNTY. TEXAS
TRAVEL POLICY
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B. CI;NI' W, I'OI,ICY S'1'A'I'EMEN'1
All reasonable and necessary travel by County employees for which a departmental budget has
been established, and for which the department has funds remaining in the budget, and for which
the travel is required in order for the employee to conduct County business is authorized. County
officinis and department 1icads are expected to plnn out-of-County travel for themselves and their
employees to achieve maximum economy and efficiency. All County reimbursed travel must be
for official County bgsiness only. Travel must be approved/authorized by the department head.
It is the responsibility of the County official and/or department head to see that all Out-of-County
travel expense forms are properly completed, documented, signed and forwarded to the County
Auditor's ofiiec within fourteen (14) calendar days of the travel return date. In-County mileage
reimbursements may be submitted on a monthly basis.
C. IN-COUNTY TRAVEL
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In the process of conducting County business, employees mtay be'required to travel to locations .
within the County, but away from their normal duty station. If the employee incurs expenses
incidental to such travel, the employee is required to obtain authorization from the department
head for such expenses. Employees are expected to report the shortest distance between
destinations for all travel. The County will not reimburse for personal mileage or for travel
between an employee's residence and their normal duty station. If an employee is required to
travel to a temporary duty station, the County will pay for travel between their normal duty
r station and their temporary duty station.
All such authorized expenses will be reimbursed within fifteen (15) days of the receipt by the
County Auditor's office of the completed reimbursement request forms.
For In-County travel, form 201-13C (Local Transportation Reimbursement form) should be used.
This form is to be turned in by the employee to the department head at Icnst once a month for
previous travel. Department heads should then prepare a request for reimbursement and forward
the completed request and attached documentation to the County Auditor's office. Mileage will
be reimbursed based on the actual mileage' traveled at the prevailing rate established by the .
Commissioners' Court.
The County will not reimburse employees for their meals or lodging expense incurred In-County.
Request for reimbursement for travel that is more than sixty (60) days since completing said
travel will not be accepted for payment.
If the total amount to be reimbursed is S20.00 or less, the 60 day limitation can be extended until
the amount reaches that figure. h is imperative that all reimbursement claims for expenses
incurred in a particular fiscal year be submitted within thirty (30) days of the end of that fiscal
year.
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STATEMENT OIL PURCHASING POLICY
It is the policy of Brazos County that all purchasing shall be conducted strictly on the basis of
economic and business merit to best promote the interest of the citizens of Brazos County.
Brazos County encourages free and unrestricted competition ort all bid requests and purchases
ensuring Uic taxpayers dic best possible return on each dollar. All contracts and purchases shall
be handled so as to obtain the best value for the County, with bids or quotations solicited
whenever practical.
The responsibility of purchasing ultimately rests with the Commissioners Court. The Purchasing
Agent, as an agent of the Commissioners Court, aids in the purchasing process but is subject to
the Court's direction as -to reasonable specifications and maximum prices on items to be
purchased. The Brazos County Commissioners Court has established a Purchasing Department
to assist each elected official, department head, and their staff to procure necessary goods and
services at the best possible price within all Federal, State and County purchasing laws.
The Federal Common Rules of Procurement, OMB Circular A-128 and A-133 will be referred to
and upheld with all purchases utilizing Federal funds, particularly in grants and pass through
funds.
The Texas State Legislature has passed and made a part of the Local'Government Code, Section
262, more commonly known as the County Purchasing Act. It shall be the policy of Brazos
County to fully comply in all aspects with the rules, regulations, and procedures, as they appear
and are amended from time to time, in that act. Brazos County will further comply with Section
6. 113.901 of the Local Government Code as it pertains to the requirements, for approval of
. accounts and requisitions.
Furthermore, it is the intention of the Brazos County Commissioners Court that all individuals
within each department directly or indirectly involved in the purchasing function shall follow the
purchasing policies and procedures approved and adopted by this Commissioners Court as
outlined in this manual effective and in force April 1, 1996 and as amended from time to time.
, .tom----•---'~'._... `
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OG~rY OP*~O
JAMES M. KUBOVIAK
COUNTY ATTORNEY
BRAZOS COUNTY. TEXAS
TELEPHONE (4M 3e1-900
FAX (6M 381.439
BRAZOS COUNTY, TEXAS
SEATBELT POLICY
It is the policy of Brazos County to follow State Law requirements for seatbelts.
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YRAZOlA iN 14
B COUH GOTTeO!lURTN72OV7SE
00o E. ]eTH ST. STE, 3"
TEXAS TY
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CONTRACT FOR MEDICAL SERVICES
Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr. Rany
Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in Brazos County,
Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual
promises set forth below have agreed as follows:
ARTICLE I
JAIL SERVICES
1.01 Scope of Services The Service Provider will, upon referral from the Sheriffs
Department (hereinafter referred to as "Jail") treat inmates located in the Brazos County Jail facilities
operated by the Sheriffs Department. Treatment may occur both within and without the physical
confines of the Jail facilities. Treatment shall include, but not be limited to, on-site emergency
treatment. The Service Provider agrees to adopt and implement workplace guidance concerning
persons with AIDS and HIV infection and to develop and implement guidelines regarding
confidentiality of AIDS and HIV related medical information with regards to inmates being treated
for any complaint.
1.02 Reporting Responsibilities The Service Provider, once treatment has been provided,
will also be responsible for indicating any necessary therapy, additional follow-up medical treatment
or additional medical referral needed to a medical specialist to cover any inmate problem the Service
Provider believes would require such therapy or referral The Service Provider will be responsible
for communicating therapy or referral needs to the Brazos County Jail Administrator, or the
designated agent. The Service Provider will document all treatment, need for follow-up treatment,
any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in
the inmate's medical file.
1.03 Additional Services Services to be provided pursuant to this Contract, but at an
additional fee as set forth in Article III herein, include diagnostic testing, whether routine or
otherwise, extended long-term medical treatment programs requiring more than a few treatments for
a given malady, treatment outside the Jail for medical services provided at clinics operated by the
Service Provider.
ARTICLE H
JUVENILE SERVICES
2.01 Scone of Services The Service Provider upon referral from the Brazos County
i Juvenile Services (hereinafter referred to as "Juvenile Services") shall treat juvenile inmates,
(hereinafter referred to as "Detainees'), that are located in the Brazos County Juvenile Detention
Center (hereinafter referred to as "Detention"). Services are to include consultation with detention
licensed vocational nurse (herein after referred to as "LVN') and juvenile probation officers (herein
after referred to as "JPO') on duty in Detention. Consultation may be by phone or on site.
Consultation is to be diagnostic in nature to determine possible medical malady and appropriate
medical course of action. Also, the Service Provider will provide physical examinations, as requested,
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to be conducted at the Juvenile Detention Center, for children being placed in the Juvenile Boot Camp
or contract placement facilities.
2.02 Procedure JPO and LVN will routinely on a daily basis handle medical sick call in
Detention except when it is beyond their expertise. When medical concerns of Detainees is beyond
the ability of LVN, phone consultation with Service Provider will be initiated. If phone consultation
is inadequate in both, the JPO in charge and LVN's opinion, on site medical consultation will be
requested of Service Provider.
2.03 Additional Services Services to be provided pursuant to this Contract, but at an
additional fee as set forth in Article III herein, include diagnostic testing, extended long term medical
treatment programs requiring more than minor intervention, testing at the Service Provider's clinics,
x-rays, physical examinations in excess of the fifty annual exams as provided in section 2.01 above,
lab work or emergency medical treatment in an emergency room
•
2.04 Reporting Responsibilities Phone consultation will be documented by JPO/LVN in
Detainees' medical file. On site consultation will require Service Provider to provide case notes in
Detainees' medical file. The Service Provider will inform JPO or LVN during consultation of the
need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate
in writing with Juvenile Services, the Detainee's need for follow-up treatment or referral to a medical
specialist or relocation for medical treatment, which communication shall be made part of the
Detainee's medical file.
ARTICLE III
FEES
•
3.01 Professional Fees For the services outlined in Paragraph 1.01, the County will pay
the Service Provider Two Thousand Five Hundred Dollars ($2,500.00), each month services are
provided, consisting of an arbitrary apportionment of $2000 representing ordinary care and $500
representing additional detailed care and record maintenance. For the services outline in paragraph
2.01, the County will pay the Provider $500.00 for each month services are provided. An annual fee
of Two Thousand and No/100 Dollars ($2,000.00), shall be paid to the Service Provider for
administration services. Additionally, an annual payment ofOne Thousand Five Hundred and No/100
Dollars (1,500.00) shall be paid to provider for addition Liability insurance which names Brazos
County as addition insured. The administrative fee of Two Thousand and No/100 Dollars
($2,000.00) and the additional insurance fee of One Thousand Five Hundred and No/100 Dollars
($1,500.00) shall be paid on December 15°i ofthe contract year. This Contract shall be from October
1, 1999 through September 30, 2000. Charges for any outside-the-Jail or outside-of-Detention
treatment of inmates or Detainees, as appropriate, at any clinic operated by the Service Provider, or
a physician's certificate related to a mental health commitment, or treatment of an inmate or Detainee
at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical
exams of Detainees, or extended treatment program made under this contract will be either billed by
the Service Provider as provided below, or by the independent laboratory or facility that provides
such service.
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3.02 Billing The Service Provider will submit an invoice monthly, within 15 days of the end
of each contract month. The Service Provider will bill the County using her standard Invoice for
Services for the monthly flat rate fee. For services not covered by the Service Provider's flat fee, the
Service Provider will invoice the County using her standard Invoice for Services, showing Date of
Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended
Total, at her standard prevailing prices, which shall also be stated on the bill The County shall pay
for services monthly. The Service Provider will not be responsible for invoicing nor handling any but
the related paperwork needed for the orders for such independent laboratory or diagnostic tests as
part of this agreement.
ARTICLE IV
ADMINISTRATION OF CONTRACT
4.01 Transportation If the Service Provider has assessed that an inmate or Detainee needs
to be relocated from the Jail or Detention for medical service of any kind or for any reason, this
assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent,
or the Superintended ofDetention or Director ofJuvenile Services, as appropriate, so that immediate
action can be taken. The Sheriff's Department, or Juvenile Services, as appropriate, shall be
responsible for initiating any paperwork which may be needed to re-locate or transport the inmate for
such treatment and for the transportation to an appropriate facility.
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4.02 Access to Files Once an inmate or Detainee has been referred to the Service Provider,
the Service Provider will be allowed to have access to that inmate's or Detainee's personnel and
medical file. Additionally, the Service Provider will have access to the medical screening documents
used by JPO and LVN to access a Detainee's medical history and potential medical concerns, if such
records are not part of a Detainee's personal or medical file. A written request for such access is not
required to be filed with the Sheriffs Department or Juvenile Services, as appropriate. Under
ordinary circumstances, presenting an inmate or Detainee for medical treatment will be evidence of
the authority for access of such records by the Service Provider.
4.03 Support While on-site, the Sheriffs Department or the JPO or LVN shall be
responsible for providing the Service Provider with any reasonable support, assistance or security that
may be requested
4.04 Pat ient Acceptance The Service Provider is under no obligation to accept for medical
treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not
anticipated that this would ever be likely in the course of this contract.
ARTICLE V
INSURANCE
5.01 Each party to this agreement is responsible for maintaining their own liability insurance
and worker's compensation insurance, and each party will provide proof of same to the other party
on request. The Service Provider shall maintain during the term of this contract a $1,000,000.00
` malpractice insurance policy and a General Liability Policy of $1,000.000.00 naming Brazos County,
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as an additional insured. Service Provider shall provide a Certificate of Insurance for both policies
which shall provide for a fifteen (15) days advance notice to County of the cancellation of such
policy.
ARTICLE VI
INDEMNITY
6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend the
County, its officers, agents, and employees from and against any and all claims, losses, damages,
causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person or any breach of contract arising out of or in
connection with any work done by the Service Provider pursuant to this Agreement.
ARTICLE VII
INDEPENDENT CONTRACTOR
7.01 In all activities or services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service Provider, as an
independent contractor, shall be responsible for all medical services provided and medical decisions
made pursuant to the terms of this Contract. The Service Provider shall supply all materials,
equipment and labor required for providing of medical services as required herein. The Service
Provider shall have ultimate control over the execution of the work under this Agreement. County
shall have no control over any decision, recommendation, or action taken by the Service Provider
pursuant to this Contract.
7.02 The Service Provider shall retain personal control and shall give her personal attention
to the faithful prosecution and completion of the services contracted for herein and fidfillment ofthis
Agreement.
ARTICLE VIII
LICENSING
8.01 The Service Provider is required to maintain all applicable licensing permits to practice
medicine. Further, all permits to or certification necessary to operate the Provider's clinics shall be
maintained. Copies of any applicable licenses are to be filed with Brazos County.
ARTICLE IX
DEFAULT
9.01 Events of Default The following occurrences shall be considered events of
default:
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a. Failure to maintain license to practice medicine or any restrictions being placed
upon such license by the State Board of Medicine making the providing of services
hereunder impossible or difficult.
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b. Failure to maintain all permits and licenses necessary to keep Service Provider's
clinics in operation.
c. Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Contract on three (3) days written
notice mailed by certified mail return receipt requested to the address listed below.
ARTICLE X
GENERAL PROVISIONS
10.01 Venue The venue of this contract is Brazos County, Texas, and this contract shall be
governed by and in accordance with the laws of the State of Texas.
10.02 Termination This contract may be terminated by either party upon thirty (30) days
written notice. Such notice shall be mailed return receipt requested to the non-terminating party at
the addresses listed below.
10.03 Term The term of this contract will be for twelve (12) months beginning October 1,
1999 and shall terminate on September 30, 2000. The parties are hereby given two (2) options to
renew this contract for a period of one (1) year in each instance, to follow consecutively upon
expiration of the term hereof and of any renewal period, upon the same terms and conditions
contained herein. Any changes in the terms or conditions will necessitate the initiation of a new
contract.
1101-4 l& x M q .
Rany Che ' Date 401 S exas Ave
Bryan, Texas 77803
BRAZOS COUNTY, TEXAS
By: a.. - - (""V- - q --/4-99
Alvin V. Jones, CouiWy Judge Date
,r .
300 Fast 2616 Street
Bryan, Texas 77803
Pages of S
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•
INGRAM, WALLIS & COMPANY
A PROFESSIONAL CORPORATION
Cerdfud Public Accountants
2100 Villa Marta, Suite 100
BRYAN, TEXAS 77802
James D. Ingram, III
Thomas A. Wallis
James D. Ingram, IV
Agnes L. Bennett
Judith W. Childs
Richard L. Webb
Wendi M Straits
Darwin K. Rydl
Kevin). Marek
Mary O. Buck
June 30, 1999
Honorable Alvin W. Jones
County Judge
Brazos County, Texas
is
•
Dear Judge Jones:
TEUPIK)NE
(409)776.2600
TELHINIER
(409) 774.7759
E MAIL
twceingram•wall ts.com
We are pleased to summarize our understanding of the services we
are to provide Brazos County, Texas for the years ended September
30, 1999, 2000 and 2001, as originally confirmed in our letters
dated July 28, 1998 and August 20, 1998.
We will audit the general purpose financial statements of Brazos
County, Texas as of and for the years ended September 30, 1999,
2000, and 2001. The general purpose financial statements consist
of the combined balance sheets, the related statements of revenues
and expenditures, statements of changes in fund balances and
statements of cash flows for the proprietary funds and the
accompanying notes to the financial statements. In addition, the
financial statements will have included the Schedule of Federal
Financial Assistance that will be subjected to the auditing
procedures applied in our audit of the financial statements. We
will audit the general purpose financial statements of the Brazos
County Health Department as of and for the years ended September
30, 1999, 2000, and 2001. The general purpose financial statements
consist of the combined balance sheet, the related statement of
revenues, expenditures and changes in fund balance and the
accompanying notes to the financial statements. In addition, the
financial statements will have included the Supplementary Schedule
of Federal Financial Assistance that will be subjected to the
auditing procedures applied in our audit of the financial
statements. We will audit the statements of assets, liabilities,
and fund balance of contracts between the Brazos County Juvenile
Brazos County, Texas
June 30, 1999
Page 2
Services Department and the Texas Juvenile Probation Commission as
of August 31, 1999, 2000, and 2001, and the related statements of
revenue, expenditures, and changes in fund balance for the years
then ended. The financial statements will be in conformity with
accounting and reporting practices prescribed by the Texas Juvenile
Probation Commission, which is a comprehensive basis of accounting
other than generally accepted accounting principles. we will also
issue reports on Brazos County's and Brazos County Health
Department's compliance with rules and regulations and their
internal control structures. We will issue a separate engagement
letter covering the Community Supervision and Corrections
Department.
Our audit will be a single audit conducted in accordance with
generally accepted auditing standards; the standards for financial
audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act
Amendments of 1996; and the provisions of OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit organizations,
and will include tests of the accounting records of Brazos County,
Texas and other procedures we consider necessary to enable us to
express an unqualified opinion that the financial statements are
fairly presented, in all material respects, in conformity with
generally accepted accounting principles and to report on the
Schedule of Expenditures of Federal Awards and on Brazos County,
Texas' compliance with laws and regulations and its internal
controls as required for a single audit. If our opinion is other
than unqualified, we will fully discuss the reasons with you in
advance. If, for any reason, we are unable to complete the audit
engagement, we will not issue a report as a result of this
engagement.
The management of Brazos County, Texas is responsible for
establishing and maintaining the internal control. In fulfilling
this responsibility, estimates and judgments by management are
required to assess the expected benefits and related costs of the
controls. The objectives of internal control are to provide
management with reasonable, but not absolute, assurance that assets
are safeguarded against loss from unauthorized use or disposition,
that transactions are executed in accordance with management's
authorizations and recorded properly to permit the preparation of
general purpose financial statements in accordance with generally
accepted accounting principles, and that federal awards programs
are managed in compliance with applicable laws and regulations.
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Brazos County, Texas
June 30, 1999
Page 3
In planning and performing our audits for the years ended September
30, 1999, 2000 and 2001, we will consider the internal control in
order to determine our auditing procedures for the purpose of
expressing our opinions on Brazos County, Texas' general purpose
financial statements and on its compliance with requirements
applicable to major programs and to report on the internal control
in accordance with OMB Circular A-133, and not to provide assurance
on the internal control.
We will obtain an understanding of the design of the relevant
controls and whether they have been placed in operation, and we
will assess control risk. Tests of controls may be performed to
test the effectiveness of certain controls that we consider
relevant to preventing and detecting errors and fraud that are
material to the general purpose financial statements and to
preventing and detecting misstatements resulting from illegal acts
and other noncompliance matters that have a direct and material
effect on the general purpose financial statements. Tests of
controls are required only if control risk is assessed below the
maximum level. Our tests, if performed, will be less in scope than
would be necessary to render an opinion on the internal control
and, accordingly, no opinion will be expressed.
We will perform tests of controls, as required by OMB Circular A-
133, to evaluate the effectiveness of the design and operation of
controls that we consider relevant to preventing or detecting
material noncompliance with compliance requirements applicable to
each of Brazos County's major federal awards programs. Our tests
will be less in scope than would be necessary to render an opinion
on these controls and, accordingly, no opinion will be expressed.
We will inform you of any matters involving the internal control
and its operation that we consider to be reportable conditions
under standards established by the American Institute of Certified
Public Accountants. Reportable conditions involve matters coming
to our attention relating to significant deficiencies in the design
or operation of the internal control that, in our judgment, could
adversely affect the entity's ability to record, process,
summarize, and report financial data consistent with the assertions
of management in the general purpose financial statements. We will
also inform you of any non-reportable conditions or other matters
involving internal control, if any, as required by OMB Circular A-
133.
Brazos County, Texas
June 30, 1999
Page 4
Compliance with laws, regulations, contracts, and grant agreements
applicable to Brazos County, Texas is the responsibility of the
County's management. As part of obtaining reasonable assurance
about whether the general purpose financial statements are free of
material misstatement, we will perform tests of the County's
compliance with applicable provisions of laws, regulations,
contracts, and grants. However, the objective of our audit will
not be to provide an opinion on overall compliance and we will not
express such an opinion.
Our audit will be conducted in accordance with the standards
referred to in the third paragraph. OMB circular A-133 requires
that we plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with applicable provisions
of laws, regulations, contracts, and grants. Our procedures will
consist of the applicable procedures described in the OMB's
compliance supplement. The purpose of our audit will be to express
an opinion on Brazos County's compliance with requirements
applicable to major programs.
our procedures will include tests of documentary evidence
supporting the transactions recorded in the accounts; and may
include tests of the physical existence of inventories and fixed
assets; and direct confirmation of certain terms, transactions
assets, and liabilities by correspondence or other means with
selected customers, creditors, banks and their employees. We will
request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry.
At the conclusion of our audit, we will also request certain
written representations from management about the financial
statements and related matters.
An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements; therefore,
our audit will involve judgement about the number of transactions
to be examined and the areas to be tested. Also, we will plan and
perform the audit to obtain reasonable rather than absolute
assurance about whether the financial statements are free of
material misstatement. As required by the Single Audit Act
Amendments of 1996 and OMB Circular A-133, our audit will include
tests of transactions related to the federal awards programs for
compliance with applicable laws and regulations and appropriate
tests of the internal control over such programs. Because of the
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Brazos County, Texas
June 30, 1999
Page 5
concept of reasonable assurance and because we will not perform a
detailed examination of all transactions, there is a risk that
material errors, fraud, or other illegal acts may exist and not be
detected by us. However, we will inform you of any material errors
and any fraud that come to our attention. We will also inform you
of any other illegal acts that come to our attention, unless
clearly inconsequential. We will include such matters in the
reports required for a single audit. Our responsibility as
auditors is limited to the period covered by our audit and does not
extend to matters that might arise during any later periods for
which we are not engaged as auditors.
An audit of the general purpose financial statements performed in
accordance with generally accepted auditing standards is not
designed to determine whether the computer systems of Brazos County
are Year 2000 compliant, or to provide any assurance on whether
Brazos County has addressed all of the affected systems on a timely
basis. Further, we have no responsibility with regard to the
• systems of vendors, service providers, or any other third parties.
These are responsibilities of -Brazos County's management.
However, we may choose to communicate matters that come to our
attention relating to the Year 2000 Issue.
CJ
We understand that you will provide us with the basic information
required for our audit and that you are responsible for the
accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and
will assist in the preparation of your financial statements, but
the responsibility for the financial statements remains with you.
This responsibility includes the establishment and maintenance of
adequate records and effective internal control over financial
reporting, the selection and application of accounting principles,
and the safeguarding of assets. Management is also responsible for
identifying and ensuring that the entity complies with applicable
laws and regulations.
You agree that your employees will assist us in preparing
schedules, typing correspondence and confirmations we request, and
locating any invoices selected by us for testing.
The workpapers for this engagement are the property of Ingram,
Wallis & Company, P.C. and constitute confidential information.
However, we may be requested to make certain workpapers available
to federal and/or state regulators pursuant to authority given to
VIC)
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Brazos County, Texas
June 30, 1999
Page 6
them by law or regulation. If requested, access to such workpapers
will be provided under the supervision of Ingram, Wallis & Company,
P.C. personnel. Furthermore, upon request, we may provide
photocopies of selected workpapers to federal and/or state
regulators. The federal and/or state regulators may intend, or
decide, to distribute the photocopies or information contained
therein to others, including other governmental agencies.
we expect to begin our audit in early November and issue our
reports no later than February 28 of each year. You agree that all
of the reports referenced above will be bound into one document
with the general purpose financial statements.
It is understood that in the event of extenuating circumstances or
unanticipated internal control problems that may be encountered the
proposer may ask for the Audit Committee to re-examine the pricing
for years after fiscal year ended September 30, 1999. The
subsequent year fee schedules will be evaluated each year
immediately after the completion of the prior year's audit.
Government Auditing Standards - 1994 Revision requires that we
provide you with a copy of our most recent quality control review
report. Our 1996 peer review report accompanied our letter dated
July 26, 1998.
To facilitate the audit process, the County will complete certain
audit schedules and reports for the year ended September 30, 1999
as follows:
t ~ .
0 Close the general ledger and balance all accounts to be
audited by November 8 or earlier.
O Complete all audit schedules and lead sheets as follows:
Statement or schedule
ate
1.
Listing of Bank Accounts b Account Numbers
September
.6
2.
Copies of Bank Reconciliations to
General Ledger Balances
November
5
3.
Investment Schedule and Earnings
November
5
4.
Institutional Collateral Pledges
November
5
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Brazos County, Texas
June 30, 1999
Page 7
5.
Schedule of Bonded Debt
November
5
6.
Debt Service Fund Analysis
November
5
7.
Detailed Listing of Accounts Payable
November
12
8.
Detailed Listing of Encumbrances
November
5
9.
Detailed Analysis of Year-End Accruals
November
12
10.
Employee Bond Schedule
November
5
11.
Schedule of Insurance in Force
November
5
12.
Schedule of Grant Accountability
(Juvenile Probation)
November
19-
13.
Schedule of General Fixed Assets, Additions,
Deletions & G/L Reconciliation
November
19
14.
Trust Fund Accounting and Reconciliation
November
15
15.
Schedule of Retirement Plan Activity
November
15
16.
Schedule of Deferred Compensation Activity
November
15
17.
Commissioners' Court Minutes
September
10
18.
Investment Committee Minutes
September
10
19.
Analysis of Accounts Receivable
November
5
20.
Schedule of Fee Office Expenses
November
12-
21.
Schedule of Prepaid Expenses
November
12
22.
Schedule of Inventory
November
12
23.
Copies of Quarterly Payroll Tax Reports
Upon Request
24.
Gross Payroll Reconciliation
November
12
25.
Analysis of Legal Fees Paid
November
5
26.
Copy of Final Approved Budget and Annotated
Adjustments
November
12
27.
Schedule of Anticipated Year-End Adjustments
November
8-
28.
Initial Trial Balance by Fund
November
8
(working Trial Balance)
or earlier
29.
Reconciliation of Interfund Receivables
and Payables
November
8
30.
Reconciliation of Fund Balances at Year-End
November
8
31.
Statistical Tables
December
13
32.
Footnotes
December
13
AG Ftj.
Brazos County, Texas
June 30, 1999
Page 8
33. Combined and Combining Financial Statements
34. CAFR Back to County
35. CAFR Assembled
36. Schedule of Pending Litigation
37. Schedule of Comp. Time Earned
38. Schedule of Accrued Salaries
39. Others as Requested by Us
December 13
December, 31
January 31
September 10
November 15
November 15
Upon Request
Similar schedules will be developed for the years ended September
30, 2000 and 2001.
Our fees for these services will be based on the actual time spent
at our standard hourly rates, plus travel and other out-of-pocket
costs, such as report production, typing, postage, etc. Our
standard hourly rates vary according to the degree of
responsibility involved and the experience level of the personnel
assigned to your audit. Our invoices for these fees will be
rendered periodically as work progresses and are payable on
presentation. The fee will be based on anticipated cooperation
from your personnel and the assumption that unexpected
circumstances will not be encountered during the audit. If
significant additional time is necessary, we will discuss it with
you and arrive at a fee estimate before we incur the additional
costs.
Our professional fees are based on the actual time required to
perform our audits at hourly rates related to the experience levels
of the professionals serving on the engagement. We estimate that
the engagement will require approximately 1,176 man hours and the
approximate percentage of time required by level is as follows:
Partners 98
Managers 228
Staff 698
Ian
Based on the above, we estimate our fee for the year ended
September 30, 1999 to be approximately $75,200.00. We will also
expect you to reimburse us the actual cost of any out-of-pocket
expenses we incur. Thereafter, increases assume that inflation
will continue at 4 - 5% annually. -7 1
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Brazos County, Texas
June 30, 1999
Page 9
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We anticipate that the following schedule of estimated total fees
for the following three years audit would be:
Year Ended September 30, 2000 $78,900.00
Year Ended September 30, 2001 $82.500_00
The above fee estimates are more fully discussed in our letter
dated August 20, 1998.
For the September 30, 1999 audits, Ingram, Wallis will provide
detailed billings dated as follows:
•
October 2, 1999
October 30, 1999
November 27, 1999
December 10, 1999
December 25, 1999
January 29, 2000
February 26, 2000
March 26, 2000
To be determined
Interim billing
Interim billing
Interim billing
Interim billing
Interim billing
Interim billing
Interim billing
Interim billing
Final billing (if needed)
Similar schedules will be developed for the years ended September
30, 2000 and 2001.
Our statements are due in full within seven (7) days of
presentation.
Our schedule for completion of the September 30, 1999 audits is as
followss
August 23, 1999 through September 10, 1999 - Planning
September 13, 1999 through September 30, 1999 - Interim
November 1, 1999 through December 17, 1999 - Final
On or before February 1, 2000 - County to provide all reports
including CAFR to Ingram, Wallis & Company
On or before February 21, 2000 - Ingram, Wallis & Company to
0
Brazos County, Texas
June 30, 1999
Page 10
complete and return to Brazos County all reports
including CAFR
Similar schedule will be developed for the years ended September
30, 2000 and 2001.
Should additional audit schedules or lead sheets be required, we
will notify the county auditor as soon as possible and allow
sufficient lead time for their completion.
We appreciate the opportunity to be of service to Brazos County,
Texas and believe this letter accurately summarizes the significant
terms of our engagement. If you have any questions, please let us
know. If you agree with the terms of our engagement as described
in this letter, please sign the enclosed copy and return it to us.
Sincerely,
Ingram, Wallis a Company, P.C.
RESPONSE:
This letter correctly sets forth the understanding of Brazos
County, Texas.
By:
Title: Ca.a"r T~.nes
Date s q- /4-- 59
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R A V E Y & A S S O C I A T E S
1505 SOUTH COLLEGE AVENUE BRYAN TEXAS 7780 1
409 779-0769 Voice Fax 409 822-0769
September 9, 1999
•
Commissioners Court
Brazos County Courthouse
300 East 26th Street, Suite 114
Bryan, Texas 77803
Re: Brazos County Detention Center Addition
Bryan, Texas
Project No. 9403
Dear Commissioners:
The attached revisions to the Brazos County Detention Center are forwarded to you for approval. It is
the opinion of the Architect that each amount is fair and equitable for the work proposed. It is
recommended that funding for these revisions be drawn from the Contingency Allowance which is
already included in the Contract Amount.
The chart below illustrates the status of the revisions. Italicized items were previously approved or not
yet submitted. Approval by the Court is requested for revisions R-3, R-7, and R-8.
SUMMARY
Rev.
No.
Description
Amount
Added
days
R-1
Storm Sewer Extension
690.00
0
R-2
Fire Hose Rack Addition
4,34600
0
R-3
Handicapped Revisions
4,594.00
0
R-4
Win Wall Support Modifications
5,986.00
0
R-S
Gas & Water Service Modifications
372.00
0
R-6
Rain Days - M
NA
7
R-7
Jail Standards Revisions
624.00
0
R-8
Add Floor Drain at Chase 153
2,244.00
0
R-9
Concrete Mason Unit Wei ht
-
-
R-10
Raise Manhole at S/W drive
-
-
R-11
Rain Days - June
NA
!1
R-12
Delete sandblasting o concrete panels
<7,735.00>
0
If you have any questions, please contact me.
•
Sincerely, 'A~~
D v-
W"~'°
Rick Ravey
Architect
q-14-- 9s
• W. M. KLUNKERT, INC. GENERAL CONTRACTORS
1722 Broadmoor. Suite 222 FAX (409)174-4361
Bryan. Texas 77802
September 9, 1999
Mr. Rick Ravey
Architect
RAVEY AND ASSOCIATES
1505 South College Ave.
Bryan, Texas 77801
RE: Brazos County Detention Center
Project Number 9403
Dear Mr. Ravey:
Attached is a price breakdown for Revision R-3 Handicapped Revisions. The heap sum price for
all work involved would be $4,594.00 (four thousand five hundred ninety four dollars and no
cents)
If you should have any further questions or would hike for us to perform this work, please let us
know.
Sincerely,
W.M. KLUNKERT, INC.
&40A"'
Gary
Project ger
attachment: 4 pages
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R A V E Y & A S S O C I A T E S
• 1505 SOUTH COLLEGE AVENUE BRYAN TEXAS 7780 1
409 7 7 9- 0 7 6 9 Voice Fax 409 8 2 2- 0 7 6 9
May 25, 1999
f W. M. Klunkert, Inc.
General Contractors
1722 Broadmoor, Suite 222
Bryan, Texas 77802
Re: Brazos County Detention Center Addition
Bryan, Texas
Project No. 9403
Dear Mr. Williams:
The Texas Department of Licensing and Regulation requires changes to the project for
acceptance with their interpretation of the handicapped regulations. Please provide a price
proposal for the following work. Break the proposal down into a price for each item. This work
shall hereafter be referred to as Revision R-3 (Handicapped Revisions).
Sincerely,
Rick Ravey
Architect
•
page 1 of 2
r
REVISION R-3
REVISIONS
0 0~. ,
1. At detail "134" add a ramp between the north pair of handicapped parking spaces. The
ramp shall be as shown on detail "K-3". At detail "K-3", change the string of dimensions
from 5', 3', 5' to 6', 4', G.
2. At detail "L-3", raise the height of the sign and pipe post 18" so that the bottom of the sign
is 60" above grade.
3. At all concrete ramps insure that the rough broom finish runs left-right across the walk and
that it is course enough to provide a significant difference in texture and light reflectance
value to the surface compared to the flat areas.
4: At door type "H" on sheet 12, lower the deadbolt mounting to 48" af.f.
5. At the existing Visitor Waiting 209, remove the existing water fountain and replace with a
dual height handicapped unit Elkay # EBFATL-8 with #LKAPR-188 apron to match those
in the new wing.
6. Note that at all handicapped accessible toilets, the flush valve handle shall be set on the
wide side of the stall (away from the comer).
7. At Cells 155, 157, 161, and 190, the stacked handicapped mirrors shall be mounted with the
bottom at 40".a.f.f. and the top 74" a f.f. (raise 1").
8. At Showers 111 and 112, change the doors to swing out into the corridor.
9. At the cabinet in Squad Room 107, delete the doors under the sink and provide an open
knee space 27" high (clear) and 30" wide (7" from bottom of apron to top of counter).
Change the sink to Elkay # LRAD 1919 x 6-1/2. Provide finished sides to knee space and
back wall. Add handicapped insulated cover around hot water and drain pipes.
10. Contractor shall note that all controls, dispensers, receptacles and operable equipment shall
be mounted at handicapped accessible heights as shown in section 4.2.5 and 4.2.6 of the
Handicapped Regulations attached.
11. At Cells 111 and 112, add another robe hook below that shown Mount at 48" af.f. At Cell
190, lower robe hook to 54" a.f.f.
12. Add audio/visual alarm enunciators to rooms 16 168, 188, 211, 213, 214, 215 and
217 (near removed wall to 216).
I W~
page 2 of 2
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•
GENERAL CONTRACTORS
W
M
KLUNKERT
INC
.
.
,
.
1722 Broadmoor, Suite 222 (409)776.2717
FAX (409)774-4361
Bryan. Texas 77802
September 8, 1999
Mr. Rick Ravey
Architect
RAVEY AND ASSOCIATES
1505 South College Ave.
Bryan, Texas 77801
RE: Brazos County Detention Center
Project Number 9403
Dear Mr. Ravey:
Attached is the price relating to the work as outlined in Revision Number Seven on the above
referenced project. We would perform the work for the lump sum price of $2,244.00 (two
thousand two hundred forty four dollars and no cents).
If you should have any further questions or would hike for us to perform this work, please let us
know.
Sincerely,
W.M. KLUNKERT, INC.
UU61e~D
Gary
Project er
attachment: 5 pages
is
odew lots
R A V E Y & A S S O C I A T E S
1505 SOUTH COLLEGE AVENUE B RYAN TEXAS 7 7 8 0 1
409 779-0769 Voice Fax 409 822-0769
June 25, 1999
W. M. Klunkert, Inc.
General Contractors
1722 Broadmoor, Suite 222
Bryan, Texas 77802
Re: Brazos County Detention Center Addition
Bryan, Texas
Project No. 9403
Dear Mr. Williams:
The Texas Jail Standards Commission requires changes to the project for acceptance with their
regulations. Please provide a price proposal for the following work. Break the proposal down
into a price for each item. This work shall hereafter be referred to as Revision R-7 (Jail
Standards Revisions).
Sincerely,
Rick Ravey
Architect
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REVISION R-7
JAIL STANDARDS REVISIONS
1. Handicapped Cells 155 and 157 have been rearranged. The intervening Corridor 156 has
been deleted and the cell doors now open to the main corridor. The fixtures have been
moved. Note the new location of the shower drain. The ceiling remains as before with
nominal shifts in the duct outlets. See the attached Drawings #1, 2, & 3.
2. The new wall shown at detail "F-11" between Public 211 and Inmate 212, secure from
ceiling to roof deck (to match existing) as follows. 1) Add 3" x 3" x 1/4" vertical steel
angles at 48" o.c. from hollow metal head to roof deck beginning at outside wall. Add 3" x
3" x 1/4" horizontal steel angle at underside of roof deck (approx. 28' long). Add 3" x 3" x
1/4" x 5"-0" horizontal steel angle supports at 48" o.c. welded to pairs of bar joists. Each
vertical angle shall weld to a 60" horizontal. 2) Provide 6 x 6 x 4/4 welded wire mesh
from hollow metal head to roof. Weld wwm to each vertical and horizontal angle as well as
the hollow metal head at 12" o.c. Create a non-passable barrier above the ceiling.
3. At door 8, change swing from LH to LHR. At door 9, change door swing from RH to RHR.
At doors 36 and 37, reduce view window to 10" x 16" and add steel shutter.
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5. At Holding 129 and 130, delete bed, desk and stool. Change location of toilet and chase
(also reverses toilet handing). Add 72" x 12" wall hung bench equal to WILLO #660.06.
Relocate floor drain. Modesty screen is added under revision R-4. See attached Drawing
#4.
6. At Med Cell 159, plan "J-6", turn shower opening to the west and place valve/head
assembly on south wall to match interior elevations #14 on sheet 16. Coordinate with
plumbing contractor. See attached Drawing #1. Add removable shower bench per the
attached Drawing #5.
7. At Violent Cells 131 and 132, increase the room width from 6'-4" to 6-5". At Janitor 133,
decrease the room width from T-4" to 7"-2". The clear room dimension after deducting for
the padded walls (3/4") shall be 6'-3". See attached Drawing 94.
8. At Violent Cells 131 and 132, delete the tie rings (4) shown on "E-6" and "B-19".
9. At the wall between Guard 187 and Toilet 207, change the type "N" window to a type "K"
with steel shutter.
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10. All door stops in the detention area shall be set to provide a minimum 6" clearance from the
strike edge of the door to the wall.
11. The wall on column linAs changed from 1 hour to 2 hour fire rating. This affects the door
openings. Delete door 33. Move door 32 to the north wall of Control 127. Shorten the
countertop at the north wall of Control 127. Delete hollow metal frame "D-1" and replace
with masonry/drywall as shown on "F-10". At door 34, delete window and change the fire
rating to 90 minutes. Relocate gun cabinet 10'-0" north from where shown on "A-5". See
attached Drawing #4.
`7 a
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W. M. KLUNKERT, INC.
1722 Broadmoor, Suite 222
Bryan. Texas 77802
September 8, 1999
R-8
GENERAL CONTRACTORS
(409)776-2717
FAX (409)774-4381
Mr. Rick Ravey
Architect
RAVEY AND ASSOCIATES
1505 South College Ave.
Bryan, Texas 77801
RE: Brazos County Detention Center
Project Number 9403
Dear Mr. Ravey:
Attached is the price relating to the work as outlined in Revision Number Eight on the above
referenced project. We would perform the work for the hump sum price of $624.00 (six hundred
twenty four dollars and no cents).
If you should have any further questions or would like for us to perform this work, please let us
know.
Sincerely
W.M. KLUNKERT, INC.
C
Project Manager
attachment: 2 pages
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R A V E Y & A S S O C I A T E S
• 1 505 S O U T H C O L L E G E A V E N U E B R Y A N TEXAS 7780 1
409 7 7 9- 0 7 69 Voice F a x 4 0 9 8 2 2- 0 7 6 9
June 30, 1999
W. M. Klunkert, Inc.
General Contractors
1722 Broadmoor, Suite 222
Bryan, Texas 77802
Re: Brazos County Detention Center Addition
Bryan, Texas
Project No. 9403
Dear Mr. Williams:
Please provide a price proposal to add one floor drain and trap primer at the center of Chase 153.
This work shall hereafter be referred to as Revision R-8 (Chase Drain).
• Sincerely,
?'-w Ri
ckRavey 9~&"
Architect
copy: A Jones
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Rev. 05/11/99 [.(GF.NSt AGlZFFMI?M
NEW DFAL 11S?JSenrembet 3. 1999
RENEWAL Corporate Office Approval Dam -
CART #
KIOSK #
IN-LINE # 1008
THIS LICENSE is made this _ day of 1999, by and
between POST O K At_i. ASCtx`t_s ~c
iLIIMITFD PARTNERSHIP- a Texas Limited P rtnershig 8_y_CBL dt Associates MaUgemem. inc._ managin`agent,
('Licensor') and Brazos County Commissioners ou , havigg offices at 300 E. 25th Stree _ Bryan- Texas 77903 - Attn:
: (409) 775-4700: fax: ( ) - ,('Licensee');
In consideration of the agreements set forth herein the parties agree:
1. Premise3; Licensor grants to Licensee a non-transferable and revocable license to temporarily occupy and
use the premises, containing approximately-S~L_ square feet of floor area, as shown on Exhibit "A' annexed hereto (the
'Premi'ses"), in Post Oak Malt (Name) College Station. (City)JkU,=(County)_ Texu (State). (The "Shopping Center")
2. Duration; Licensee shall occupy and use the Premises starting upon the earlier of- (a) October
1. 1999 or (b) the day Licensee opens the Premises for business to the public. and ending September 30- 2000 (Me
"Expiration Date'), unless this License is revoked earlier by Licensor.
3. V= The Premises may be occupied and used by the Licensee solely for the purpose of. Bgj~Scout
&W eg2lorer meetings and for teaching and distributing various crime =.yention techniques and materials, and for no other
purpose whatsoever.
Licensee shall store and/or stock in the Premises, only such merchandise as Licensee is
permitted to offer for sale in the Premises pursuant to this License. Tenant shall not violate applicable federal and state laws
prohibiting the sale or display of products which infringe on the trademarks or copyrights of others.
4. D/B/A;; Licensee shall occupy and use the Premises under the trade name of Brazos County Sheriffs
Office which shall not be changed without Licensor's prior written consent.
S. R= Licensee shall pay Licensor, without notice, demand or setoff, at the property office or such
other location as Licensor may specify, by certified check or money order:
(i) One and NMIOO Dollars (S 1 "001(' Total Minimum Fee" payment schedule:
51.00 due on October 1. 1999
In addition to the above rent. Licensee shall pay to Licensor, a monthly charge together with its payment of rent.
S NIA for Common Area Operating Costs;
$ NIA for Real Estate Taxes;
$N!A for Utilities; and
$N!A for Merchants' Association Dues/Marketing Fund Contribution.
(ti) /A percent (N/A%) percent of all monthly Gtoss Sala and revenues exceeding.M and
No/ 100 Dollars ( SN/A 1 payable in the mail office on or before
6. $ecurity Demslt: Licensee deposits herewith the sum of N/A and No/100 Dollars (2m Dollars,
due when tenant signs) as a security deposit which shall be applied towards rent, percentage rent and other charges, due
and payable throughout the term and as a surety for the performance by Licensee of the terms of this License under which
Licensee may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any
of the terms of this License including any damages which may result to the licensed Premises. Within thirty (30) days after
the expiration of the term of this License there shall be an accounting with payment to Licensor or reimbursement to
Licensee, as the case may be, of the aforesaid sum. In the event this License is terminated, the security deposit will be
returned to Licensee after deducting any suns due Licensor.
If Licensee shall fail to make any payment to Licensor when due. Licensee shall pay Licensor a lam charge of
$100.00 per day for so long as the failure continua. Licensee acknowledges and recognizes that its failure to continuously
operate during the Hours of Operation set forth in Section 32 for the duration of the term of this Agreement will cause a
loss of goodwill to Licensor by the Shopping Center's customers and other uncertain damages to Licensor which are not
easily ascertainable and Licensee hereby agrees to pay Licensor $100.00 per day as liquidated damages, and not as a
penalty, for any period of noncompliance.
7. 521= Mcensee sliall defiver to Licenscs, b7 tire Sth of e=h month for previom rnonth*s sales ,
0" duough Decembm !999). at Mccustit's bushtem office in ft Shopping 1E ttement oF all 6m. Sales
mid se vc,,ues w id. sales ve, ification. signed by Licensee. if hicemee is occiipyir~ the Premises fb. less d= One wccir.-
Ucensee simil deliver to Uctasot sticl, mitten statement of ail 6toss Sides mid resermes vvith saics vetificador. ftrict! by
lbleensce art die last day aF Licensee's accuFm,cy of the Premises. if Mcensee dom not deliver such statentent an firrie.
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~Fhe tel". "64033 52dC."1111-wis the selling price of all rnerchmidise sold ot &livesed in, at. orro. Fro... tiny par!
shall include sslc7-xxl-cb=se!r -f- cash ot c-dit, reg2idlen of collectierns in the c33c F drc lattc., but shall c.clude (i)
g Books: Licensee shall prepare in accordance with generally accepted accounting practice and keep at
its principal office address, accurate books of account and records of Gross Sales and revenues. All books and records shall
be subject to examination and audit by Licensor. If there is a deficiency in the amount payable to Licensor. Licensee shall
immediately pay Licensor the additional Percentage Fee owed Licensor and the cost of the examination or audit.
9. get_oc to ion: Licensor shall not be liable to Licensee in damages or otherwise for a delay or cessation in the
commencement of the term of this License. The Premises may be relocated and/or this License may be revoked by Licensor
upon 2¢ hours notice with no liability to Licensor.
10. Insurance: Licensee shall, at its full cost and expense, procure and continue in force, during the term of
this Agreement, commercial general liability insurance including contractual liability and property damage relating to the
Premises covering any and all claims for injuries to persons or upon the Premises. Such insurance shall be single limit
coverage in an amount of not less than One Million ($1,000,000.00) Dollars. Licensee shall also carry Workers
Compensation Insurance in the statutory amount. Any insurance policies required hereunder shall name Licensor, and any
designees of Licensor, as an additional insured, and Licensee shall furnish evidence of such insurance coverage prior to
occupancy of the Premises.
11. Indemnity: Starting on the date Licensee first uses or occupies the Premises, Licensee shall indemnify and
hold Licensor, its parents, subsidiaries and affiliates harmless from and against all claims, actions,' liens, demands,
expenses, and judgments for loss, damage, or injury to property or persons resulting or occurring by reason of the
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construction, use, or occupancy of the Premises by Licensee, including all costs, expenses, and attorney fees.
Liability of Licensor: Licensor shall not be responsible or liable for, and Licensee hereby expressly waives,
12
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all claims against Licensor for injury to persons or damage to Licensee's property on the Premises, regardless of the cause.
Licensee's property in the Premises or the Shopping Center shall be there at Licensee's sole risk. Licensor, its agents, and
employees shall not be liable for, and Licensee waives, all claims for loss or damage to Licensee's business or damage to
person or property sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident
or occurrence in, on, or about the Premises or any other pan of the Shopping Center, including, without limitation, claims
for loss, theft, or damage resulting from (1) equipment or appurtenances becoming out of repair; (ii) injury done or
occasioned by wind or weather; (iii) any defect in or failure to operate, for whatever reason, any sprinkler, heating, or air-
conditioning equipment, electric wiring or the installation thereof, gas, water, or steam pipes, stairs, porches, railings, or
walks; (iv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bunting, leaking, or running of any
tank, tub, washstand, water closet, waste pipe, drain, or other pipe; (vii) the escape of steam or water; (viii) water, snow,
or ice being upon or coming through the roof, skylight, trap door, stairs, doorways, windows, walks, or any other place
upon or near the Shopping Center; (ix) the falling of any fixture, plaster, tile, stucco, or other material; (x) any act,
omission, or negligence of other licensees or any other persons or occupants of the Shopping Center or of adjoining or
contiguous buildings, of owners of adjacent or contiguous property, or the public, or by operations in the construction of
any private, public, or quasi-public work; or (xi) any other cause of any nature. To the maximum extent permitted by law,
Licensee agrees to use and occupy the Premises, and to use such other portions of the Shopping Center as Licensee is herein
given the right to use, at Licensee's own risk.
13. Default* If, (a) Licensee fails to perform any of the terms, conditions, or covenants of this License; or (b) in the
event there shall be filed by, or against. Licensee in any court pursuant to any statute, either of the United States or any
State, a petition (1) in bankruptcy, (ii) alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any
arrangement of the bankruptcy acts, or a similar type of proceeding; or ° Licensee fails to pay, when due, any payment of
rent, percentage rent, or any other charges, or (d) Licensee abandons or vacates the Premises; or (e) in the event of any
other default by Licensee; then in any such event Licensee's rights hereunder shall cease and, Licensor may at its option
(1) have the right to immediately revoke and terminate this License, and upon demand Licensee agrees to surrender
possession of the Premises to the Licensor; (Z) make demand for immediate payment of all current and future rent and any
other monetary obligations due hereunder; (3) re-enter the Premises and remove all persons and/or any property therefrom,
by any suitable action or proceeding at law. All rights and remedies of Licensor herein or at law and in equity are
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cumulative. If Licensor, at its sole discretion, determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder, Licensee will reimburse Licensor for reasonable attorney's fees and court costs.
14. • Damage; This License shall be revoked automatically if any portion of the Premises is damaged by fire
or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to fire
or any other peril.
15. A<yimment and Sublettlny! L.icen ee shall not sell, assign, mortgage, pledge, or transfer this License
or any interest therein, nor sublet all or any part of the Premises, nor license concessions or departments therein, without
I.icensor's prior written approval, which may be withheld at L icensor's sole and absolute discretion.
16. L12bjlity; There shall be no personal liability of Licensor with respect to this License. If a breach by
Licensor occurs, Licensee shall look solely to the equity of Licensor in the Shopping Cemer for the satisfaction of
Licertsee'a remedies.
17. Prov:lslon3- Licensor is or may be a parry to certain documents, as amended from time to time, with a
mortgagee or beneficiary of Licensor, department stores. mall tenants, and others. This License is subject and subordinate
to all the provisions in those documents, as amended from time to time.
1g. Terms of AC=rnent: This License contains all the covenants, promises, agreements, conditions, and
understandings between Licensor and Licens . Them are no other, either oral or written, between them other than those
set forth in this License.
19. oldiny Over and Surrender of Premises! If Licensee fails to surrender the premises to Li censor
upon the expiration date or earlier revocation of this License. Licensee shall be a tenant at sufference and not a tenant at
will or tenant from month to month, and Licensor shall be entitled to immediate possession of the premises. Licensee shall
pay to Licensor during the period of any such hold over, rent in an amount equal to one and one-quarter times the rental
rate in effect at the end of the term hereof, prorated for the number of days of such hold over, and, in addition. Licensee
shall be subject to all of the terms and conditions of this License Agreement applicable thereto. Licensee agrees that nothing
herein contained shall be construed as authorizing or permitting any such hold over by Licensee.
If Licensee fails to make any payment of rent or percentage rent or any other chzrges due hereunder when due,
or breaches any of the other covenants and/or conditions of this Agreement, all of Licensee's rights hereunder shall cease
and terminate and Licensee shall immediately surrender possession of the Premises to Licensor. Licensee hereby expressly
waives notice of default, notice to quit, and all other notices which may be required by law. If Licensor engages attorneys
to enforce Licensor's rights hereunder, Licensee shall reimburse Licensor for Licensor's attorneys' fees and court costs.
20. Liability of Licensor: The term 'Licensor' means only the owner or mortgagee in possession for the time
being of the building in which the Premises are located or the owner of a leasehold interest in said building and/or the land
thereunder so that in the event of sale of said building and/or an assignment of this License by Licensor, and/or a demise
of said building and/or the land, Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor
hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of Licensor
hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor (nor Licensor's agent,
if any) in respect to any of the covenants, conditions, or provisions of this Agreement; in the event of a breach or default
by Licensor of any of its obligations hereunder, Licensee shall look solely to the equity of the Licensor in the Shopping
Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges, duties, and obligations
may be administered by Licettsor's designee, including, but not limited to, Licensor's agent, and that such designee shall
have the full authority of Licensor hereunder to perform all of Licenser's functions hereunder including, but not limited
to, the execution of this License and any other related documentation.
21. Non-Waiver provision: The failure of Licensor to insist upon performance of any of the terms, conditions,
and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not
be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained.
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f 22. Entire and Binding AZ=ment: This Agreement contains all of the agreements between the parties hereto and
it may not be modified in any manner other than by agreement, in writing, signed by all the parties hereto or their successors
in interest. The termv, covenants, and conditions contained herein shall inure to the benefit of and be binding upon Licensor
and Licensee and their respective successors and assigns.
23. Q;&ninv- Licensee's completed kiosk/pusheart/ in-line store shall be ready for inspection by Lccensor's
designated representative on November 1. 1999. Licensee's laosk/pushcaN in-line must be open for business no later than
the start of regular Shopping Center hours on 10:00 a.m.. In the event Licensee fails to be ready on thb above dates for
inspection or opening, this Agreement may be terminated at the sole option of the Licensor, and the security deposit shall
bs herewith forfeited.
24. j)cdgn Reanirementm All costs and expenses (including permits or licenses) attributable to the construction
of the premises by Licensee shall be borne by Licensee. Licensee shall not commence construction of the Premises without
first obtaining Lccensor's approval of the location and design, nor prior to the execution of this License. Design criteria
for the construction of the Premises are-
a. 71e kiosk/pushcart swacture shall be limited to counter units with no overhead obstructions that
inhibit the visibility of tenants in the Shopping Center. Counter units shall not exceed 48' in
height.
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b. The kiosk/pushcart structure, if located in an open floor area, shall not be anchored into the
floor or other part of the Shopping Center structure. An area width of no less than twelve feet
(12'0') minimum shall be maintained on all sides of the kiosk/pusbcart subject to traffic flow.
C. Water service and special HVAC Systems are not available. Heating, venting, and Fire
Protection Systems shall be that which is provided to common areas in the Shopping Center.
3~ Q~ 7 32.
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d. Design criteria for all signs to be utilized at the Premises, kiosk/pushcart size, construction,
finish materials, and special equipment shall be evaluated specifically for each individual
licensee. Licensee shall submit plans for Licensor's review and approval prior to construction
and shall include pictures of any existing units of Licensee's.
e. Licensee shall prepare its plans and perform all work to comply with all applicable governing
statutes, ordinances, regulations, codes, and insurance rating boards, and shall apply for all
necessary permits. Licensor's approval of Licensee's plans shall not relieve Licensee of its
obligation to complete the development in accordance with this License, nor does it relieve
Licensee from complying with laws, rules, regulations, and requirements of local governing
authorities. Certificates of occupancy and waivers of lien from Licensee's contractor, all
subcontractors and materialmen shall be filed with Licensor upon completion of work.
L Set up and tear down of kiosks/pushcans shall take place when the Shopping Center is not open
for business, unless Licensor has agreed otherwise in writing. For in-line space, set up may
take place during mall hours, as lone as it does not interfere in any manner, including noise or
dust. with mall business and the comfort of the patrons. A black dra= or enuivalent- provide
by_Licensee- must be covering she entire store front, as to keep the interior design concealed
until rea for business.
25. Permits* If there are any licenses, authorizations, or permits required by any governmental agency or
authority for the type of activity to be carried on at or for the use of the Premises. Licensee shall be responsible for
obtaining such. No unlawful activities shall be permitted in the use of the Premises. The consumption or sale of alcoholic
beverages on or from the Premises shall not be permitted.
26. Visual Merchandising: Licensee shall comply with the visual merchandising standards of Licensor. Licensee
understands and agrees to implement visual merchandising recommendations of Licensor and change visual merchandising
presentation as requested by Licensor.
27. 02xratin4 Requirements: Licensee shall observe all Operating Rules for the Shopping Center and Licensee's
occupancy therein which Licensor may promulgate from time to time, including but not limited to:
L Licensee shall use and occupy the Premises in a careful, safe, and proper manner and shall
keep the Premises in a clean and safe condition in accordance with this License, local
ordinances, and the directions of public officers.
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b. All signage located in and upon the Premises shall be approved by Licensor prior to installation
or placement. All signs, placards, banners, pennants, or other advertising matter shall be
prepared in a professional mariner and in no event shall be handwritten. Licensee shall display
an approved sign depicting its approved trade name.
Sign Criteria: Signs are to be furnished and installed by Licensee and approved by an agent
for Licensor. Licensee's sign contractor or architca must submit a black and
white rendering (specifying PMS colors) of Licensee's sign prior to approval.
Licensee's sign shall be located within the limits of Licensee's storefront and
shall not project more than 8' beyond the storefront if the Shopping Center is
an enclosed mall, and not more than 12' beyond the storefront if the Shopping
Center is a strip center.
Sign Size:
Malls:
Up to 30' storefront: Capitals 18'
Lower Case 12'
30'-1' and greater: Capitals 24'
Lower Case 18'
Strip Centers:
Up to 30' storefront: Capitals 24'
Lower Case 18'
30-1' and greater. Capitals 30'
Lower Case 24'
The length of Licensee's sign shall be limited to 70% of Licensee's storefront.
C. Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart
structure. The outside areas immediately adjoining the Premises shall be kept clear at all times
by Licensee, and Licensee shall not place nor permit any obstructions, garbage, refuse,
merchandise, or displays, or racks, in such areas.
d. All loading and unloading of goods shall be done only at such times, in the areas, and through
the entrances designated for that purpose by Licensor.
C.
All garbage and refuse shall be kept in the kind of container specified by Licensor, and shall
be placed and prepared for collection in the manner and at the times and places specified by
Licensor. If Licensor shall provide or designate a service for picking up refuse and garbage.
Licensee shall use same at Licensee's cosL Licensee shall pay the cost of removal of any of
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Licensee's refttse and garbage, and mountain all common loading areas in a clean manna
satisfactory to the lleensor. Licensee sball use any trash oontpzstoc Ilcensor provides for the
general use of Licensee or Licensees in a designated area of the Shopping Center.
Norwithstandinit the foregoing provision. if Licensee qualifies as a generator of medical waste,
then Licensee shall be solely responsible far causing compliance with all fed=W. state and local
laws, whether existing now or established in the future, relating in any way to the storage,
containment, treatment, transfer, transportation and disposal of medical waste (including the
use of licensed medical waste management companies), and shall hold Licensor harmless for
Licensee's noncompliance or violations thereof. For purposes hereof, 'medical waste' means
any solid, semisolid or liquid waste which is generated in the diagnosis, treatment (e.g.,
provisions of medical services) or immunization of human beings or animals, in research
pertaining thereto, or in the production or testing of biologicals. 'Generator' means any person
or entity whose act or process produces medical waste as hereinbefore defined.
f. No loudspeakers, televisions, phonographs, radios, flashing lights, or other devices shall be
used in a manner so as to be heard or seen outside of the Premises. No electronic or
communication devices shall be used in the Leased Premises or in connection there which
interrupt or interfere with the use and enjoyment of electronic or communication devises of
other occupants of the Shopping Center or of the neighborhood in which the Shopping Center
is located.
g. Licensee shall not conduct or permit any fire, bankruptcy, auction, or "going out of business"
We (whether real or fictitious) in the Premises, or utilize any unethical method of business
operation. Licensee shall not use the Premises as a clearance, outlet or wholesale center.
h. Licensee shall not carry on any trade or occupation or operate any instrument or equipment
which emits an odor or causes a noise discernible outside of the Premises.
1. Licensee shall not distribute any handbills or other advertising matter in the Shopping Center
or on automobiles parked in the parking areas of the Shopping Center.
j. Licensee and Licensee's employees shall not park their cars in those portions of the parking
area designated for customer parking by Licensor. If Licensee or Licensee's employees park
in portions of the parking area designated for customer parking. Licensor may, in addition to
its other remedies, have such can removed at Licensee's expense.
it. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress,
and are expected to operate in a dignified, ethical, manner.
1. Licensee shall display its customer sales return policy.
M. Licensee shall not permit loitering at the Premises.
a. Licensee shall furnish Licensor with emergency telephone numbers and a forwarding address.
o. Due to the lack of on-site storage facilities. acquisition of outside storage shall be Licensee's
responsibility.
p. Licensee shall be solely responsible for policing its location against theft, loss. or damage to
its kiosk/pushcan and/or merchandise. Under'no circumstance shall Licensor be held liable
for such theft, loss, or damage.
28. Conduct: Licensee shall at all times during its occupancy of the Premises provide sufficient supervision
and maintain adequate control of its employees, guests, and invitees.
29. Removal' Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and
effects, repair any damage caused by such removal, and peaceably yield up the Premises clean and in good order, repair,
and condition Personal property of Licensee not removed within two (2) days of such Expiration Date or earlier revocation
shall become the property of Licensor, at Licensor's option without liability to Licensee therefor.
30. Conduct and Alterations; Licensee shall not harm the Premises, commit waste, create nuisance, make any use
of the Promises which is offensive to Licenser's sole opinion, nor do any act tending to injure the reputation of the Shopping
Center. Licensee shall not make alterations or additions to the Premises, nor permit the malting of holes in the walls,
partitions, ceilings, or floors, nor permit the painting or placing of exterior signs, placards, or other advertising media,
banners, pennants, awnings, aerials, antennas, or the like in or on the Premises, without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances, orders,
and regulations affecting the use or occupancy of the Premises. Licensee shall not violate applicable federal and state laws
prohibiting the We or display of products which infringe on the trademarks or copyrights of others.
31. Condilon of Premises: Licensee has inspected the Premises. and accepts them *as is' with no representation
or warranty by Licensor regarding the condition of the Premises or their suitability for Licensee's use or occupation thereof.
Licensor has no obligation to repair the Premises sunless the obligation. is set forth in this license.
11 5 I- 1\
VOL.. -73
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32. Hours of ORsration, The Premises shall remain open for business at all times designated by Licensor.
Licensee shall operate in the entire Premises continuously and uninterruptedly while this License is in effect, and in a first
class manner.
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be brought upon, stored,
kept, used, or discharged on or about the Premises.
34. Access to Premises: Licensor may enter the Premises at any time.
35. Condition of Premises: Licensee shall maintain, at its sole cost and expense, the Premises in good condition
and make all necessary replacements and repairs to the Premises except for structural repairs. In addition to all other
remedies of Licensor, if Licensee does not complete its obligations to repair and maintain the Premises or Licensor, in the
exercise of its sole discretion, determines that emergency repairs are necessary, or repairs or replacement of any portion
of the Premises or the Shopping Center are made necessary by any act, omission, or negligence of Licensee or its agents,
employees, contractors, or assignees, then in any such event, Licensor may make such repairs without liability to Licensee
for any loss or damage that may accrue to Licensee, its merchandise, fixtures, or other property, or to Licensee's business
by reason of such repair. Upon completion of any such repair, Licensee shall pay upon demand, as additional rent.
Licensor's costs for making such repairs together with Licenser's administrative costs related thereto which amount shall
equal 1.5 times the total cost of the repair. Furthermore, Licensee shall immediately notify Licensor of any defects or
unsafe conditions in the common areas immediately adjacent to the Premises.
W WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written,
each acknowledging receipt of an executed copy hereof.
•
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ATTEST:
LICENSOR:
(corporate seal)
POST OAK MALL ASSOCIATES
LIMITED PARTNERSHIP
A Texas Limited Partnership
By CBL dt Associates Management, Inc.,
managing agent
By:
Prue Name:
Print Name: lAnte ivy
Its: Anistant Secretary
Its: General Manag
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Date: 1
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LICENSEE:
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Brazos County Commissioners Court
Brazos County Sheriffs Office
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Date: Q - fT_~g
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I. THIS EXHIBIT IS DIAGRAMATTC AND INTENDED
ONLY FOR THE PURPOSE OF INDICATING THE
LOCATION OF THE LEASED PREMISES IN THE
PROJECT. IT DOES NOT PURPORT TO SHOW THE
EXACT OR FINAL LOCATION OF COLUMNS,
DIVISION WALLS OR OTHER REQUIRED
ARCHIltCTURAL• STRUCTURAL, MECHANICAL. OR
ELECTRICAL ELEMENTS. THE LESSOR RESERVES
THE RIGHT TO ELIMINATE OR ADD AND TO MAKE
CHANCES IN THE SIZE OR LOCATION OF SUCH
ELEMENTS AS MAY BE REQUIRED FROM 71ME
TO TIME.
2. DIMENSIONS INDICATED FOR THE LEASED
PREMISES ARE MEASURED TO THE CENTERLINE
OF INTERIOR PARTY WALLS, AND TO THE
EXTERIOR FACE OF EXTERIOR WALLS OR
MALL LEASE LINES.
3. WHERE CODES REQUIRE ALCOVES FOR EXIT
DOORS INTO SERVICE OR FIRE CORRIDORS.
SUCH ALCOVES SHALL BE CONSIDERED AS
PART OF THE LEASED PREMISES.
POST OAK MALL
COLLEGE STATION, TEXAS
CBL & ASSOCIATES, INC.
CHATTANOOGA. TENNESSEE
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LPUBLIC -MALL MANAGEMENT
TOILETS
ENTRY e) I B I T v A u
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October 13, 1999
Brazos County Commissioners Court
300 E. 26th Street
Bryan, Texas 77803
911,
Dear Sirs:
•
As per our conversation with Louis Koronka about your location here at Post Oak Mall, I wanted
to confirm the terms that we have discussed.
We have agreed to change your current location stated on Page One, Section One of the License
Agreement to Space 2008.
All other License Agreement Language will remain the same.
If you agree with my understanding, please sign below on one copy and return one copy to my
attention.
Please do not hesitate to call if you should have any questions or concerns.
Sincerely,
CBL & ASSOCIATE PROPERTIES, INC.
Bryan Le lanc
Assistant Manager
BL:rl
Agreed to as Stated:
Signature:
Print Name: Alvin W. Jones, County Judge
Date: October 18, 1999
CBL. & ASSOCIATES PROPERTIES, INC.. r '
1500 HARVEY ROAD* COLLEGE STATION, TEXAS 77840'* (409) 764-0060 ;FAX (409) 696-0977
A
RESOLUTION NO.
A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY EMERGENCY
COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to
benefit the citizens of the State; and,
WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County
Emergency Communications District in accordance with State law; and,
WHEREAS, the Board of Managers of the District have approved and adopted the Budget for
fiscal year 1999-2000; and,
WHEREAS, Section 772.309 of the Health and Safety Code requires the approval of the
District's budget by the Commissioners Court of the County located in the District and a majority
of the participating jurisdictions in the District; and,
WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of
the District as submitted to them; NOW THEREFORE,
BE IT RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS
THAT:
1. The Commissioner's Court of Brazos County, Texas hereby approves the annual budget
of the District as submitted to them and as provided for by law.
2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by this
reference for all purposes.
3. This Resolution shall be effective immediately upon its adoption and passage.
ADOPTED AND PASSED by affirmative vote this !f fbday of 1999.
BY: CLL 0A
AMA 'W. Jones, CouiAy Judge
ATTEST:
BY: Zz~~~- &AIza -
Mary Ward, County Clerk
g)mp, 7,53
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Brazos County Emergency Communications District
FY 2000 Annual Budget
BUDGETSUMMARY
REVENUES FY1995
FY1996
FY1997
FY1998
FY1999
FY2000 i
1 Emergency Service Fees 538,980
595,714
546,972
650,000
700,000
I
750,000
2Interest 10,000
18,000
10,000
20,000
30,000
30,000
3 Dispatch Contract, Bryan 480,037
492,271
527,271
628,029
636,410
658,866
4 Dispatch Contract, County 121,268
124,271
144,140
178,291
180,528
187,148
Total Revenues $ 1,150,285 $
1,230,256 $
1,226,383
$ 1,476,310
$ 1,546,938
$ 1,626,014
5 Additional Bryan Revenue
38,479
Reserve Fund Transfer
200,900
607,236
391,162
`
Grand Total Available Funds f 1,150,285 $
1,230,256 $
1,467,762
$ 1,476,320
$ 2,154,174
5 2,023,776
EXPENDITURES
F
6 Personnel Services 854,091
877,748
903,928
932,324
950,198
1
1,010,476
7 Supplies 15,000
15,000
17,000
20,000
20,000
20,000
j
8 Maint/Contract Services 173,619
202,386
234,851
628
58
354,701
390
68
269,986
390
75
303,314
77
390
9 EduclTraininglOther Services 52,628
54,628
,
,
,
,
10 Capital Outlay 27,000
27,000
212,900
73,000
705,236
r~ 495,762
11 Capital Reserve 27,947
53,494 •
40,455
27,905
133,364
116,834
Total Expenditures $ 1,150,285 $
1,230,156 $
1,467,762
S 1,476,320
$ 2,154,174
5 2,023,776
1 Service fee revenue is based on historical data covering the most recent 12 month pe
riod.
2 Based on $600,000 at an average balance of 5%.
3 - 4 Based on interlocal agreements for dispatch services.
5 Anticipated additional mid-year City of Bryan revenue (FYI 997 only)
6 .11 Explained on the following pages.
E
4
Brazos County Emergency Communications District
FY2000 Budget
PERSONNEL SERVICES
Brazos County City of Bryan District Budget FY2000 i
Executive Director
Systems Manager
2,026
8,105
41,539
51,670
Administrative Assistant
1,950
7,801
39,981
49,732
Communications Supervisor (3)
18,991
66
920
33,521
33,521
Training Coordinator
2,170
,
11
392
6,331
92,242
Communications Specialist (21)
101,445
,
357
473
14,103
27,665
AddressingfGIS Technician
,
33,822
492,740
Overtime & Part-time
4,725
16
650
31,445
31,445
,
_ 1,575
22,950
~
Subtotal
131,307
468,341
202,317
801,965
Benefits and Taxes •
.34,140
121,769
52,602
i
208,511
,
Total Personnel Services i
165,447
s 590,110
S 254,919
S 1,010,478
J
' Benefits and Taxes are calculated at 26% of base salary
.
1.
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Brazos County Emergency Communications District
FY2000 Budget
SUPPUEs
Brazos County City of Bryan District
I Me Supplies 360 1,620 7,020
2 Postage - - 3,000
3 Printing 210 810 1,980
4 Rural Map Book Supplies 5,000
Q Total $ 570 i 2,430 $ 17,000
1.4 All supply accounts are based on historical usage.
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BudgeIFY2000
9,000
3,000
3,000
5.000
$ 20,000
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FY2000 Budget
MAINTENANCE- CONTRACTUAL SERVICES
Brazos County
City of Bryan
District
Budget FY2000
'
1 Building Lease
5,748
10,169
28,297
44
214
2 Tape Logger Maintenance
550
3,080
7,370
,
11
000
3 Radio Equipment Maint
800
1X200
,
2
000
4 PC and PC Network Mainl
140
820
1040
,
2.000
5 Audit
434
1,736
4,030
8,200
t
6 Legal
.
5,000
5,000
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7 CAD Hardware and Software
6,822
31,078
31,900
'
8 Copier Lease
'
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3,000
3,000
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9 E9.1.1 Services
192,000
192,000
-
Total $
14,494
= 48,083
$ 240,737
$ 303,314
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1 Based on current lease with GTE
Ii
2 Based on current contract for maintenance
3 based on historical usage
4 Based on anticipated charges
F
5-6 Based on "best guess'
'
7 Based on current contracts for maintenance
8 Based on current lease contract
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9 Charges to the District by the two phone companies
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Brazos County Emergency Communications
District
FY2000 Budget
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CAPITAL OUTLAY- CAPITAL RESERVE
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Brazos County City of Bryan
District
Budget FY2000 j
1 Color Terminals
5,000
5,000
2 Intensive Use Chairs -
3,000
3,000
3 Additional bank of UPS batteries -
5,000
5,000
4 Phase 1, Wireless Identification
75,000
75,000
5 Upgrade PC Network
10,000
10,000
6 9.1-1 System Replacement
397,762
397,762
Total $ f
$ 495,762
$ 495,762
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1 Replacement of terminals In the Dispatch center.
2 Replacement of 2 Intensive use chairs in the Dispatch Center.
3 Add a bank of batteries to increase available emergency power
4 The beginning of phase 1 of identifying wireless callers to comply with FCC order 94.102.
5 For the upgrade of our PC network including the replacement of some computers.
6
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Capital Reserve
Funds for REPLACEMENT of Capital Items/Five Year Plan
s 116,834
116,834 I
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AGREEMENT
THIS AGREEMENT is entered into this 18th day of August, 1999 A.D., by and between
BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications
District (District) pursuant to the authority of the Texas Interlocal Government Cooperation Act,
Article 4413(32c), V.T.C.S.
WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section 722.301 et
seq., Texas Health and Safety Code, the District has been formed and is a political subdivision of
the State of Texas; and,
i~ 0 1
lei
WHEREAS, Brazos County is also a political subdivision of the State of Texas
authorized to enter into interlocal cooperative governmental agreements; and,
WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually
beneficial for the County and the District to enter into an agreement for the District to perform
for the County, Emergency Communications Services Dispatching;
NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made
hereinafter, the undersigned parties agree as follows:
Effective October 1, 1999, the District is hereby appointed the emergency
communications dispatching authority for Brazos County for the period October 1, 1999, through
and including September 30, 2000.
1
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The District shall be responsible for providing a functioning computer aided dispatch
system to the County.
The County agrees to pay and the District agrees to accept as compensation for the services
provided a flat fee of one hundred eighty three thousand one hundred and
NO1100 DOLLARS ($183.100.00). payable in twelve monthly installments. The County shall
pay the full amount due within ten days of invoice from the District. All payments shall be
subject to the Texas Prompt Payment Act. Should there arise any dispute, disputed amounts
shall be deposited in a mutually agreed upon escrow account until a resolution.
District employees shall not be considered as County employees.
The County and the District understand and agree to be subject to all the laws, ordinances
and regulations which govern and affect Emergency Communications Dispatching and National
Crime Information Computer network telecommunications as promulgated by the State of Texas
or the United States Government or any of its appropriate Agencies, such as the Texas
Department of Public Safety or the Federal Bureau of Investigation.
This agreement is made in accordance with the Texas Emergency Telephone Number
Act, Section 772.301 et seq., Texas Health and Safety Code.
Each of the parties to this agreement agrees to hold the other harmless for any and all
claims of whatsoever nature or kind which may arise as a result of that party's fulfillment of this
agreement.
Each party hereby empowers and authorizes its Chief Administrative Officer to be
signatory agents for any required documentation to implement the intent of this Agreement.
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•
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This agreement contains all of the commitments and covenants of the parties and any oral
or written promises not contained herein shall have no force or effect to alter any term or
condition of this agreement.
This agreement may only be modified or amended in writing by the mutual consent of the
parties with said modification being attached to and. incorporated into this agreement by this
reference for all purposes.
SIGNED this day of 1999 A.D.
BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT
BY:
Et:~
R. J. Dick" Holm en
Chairman, Board of Managers
ATTES
BY:
Secfe`tW61f the o d
BRAZOS COUNTY, TEXAS
BY: _
Alvin. Jones
County Judge
ATTEST:
BY:
Mary Ann Ward
County Clerk
3
V0Ly„~~~d'iiil~-.
1d.23
1999-2000 Exemptions
Hou-Tra International
_ _
Service Courthouse Chillers
U. S. Food S_e_r_vlce, Inc.
_
Jail F_oo_d
Office Supplies
Brazos Office Sup_p_ly_ _
Office Supplies
Quill Corpor_ation_
Office Supplies_
Office Max
Office Supplies
Office Express
Office Supplies
Sav-On _
Office Supplies
Bolse-Cascade_ _
Office Supplies
Wilton's Office Supply
Office Supplies
Carlomagno Surveying, Inc.
i
Survey Service
John Haml/ton
_
Property Appraisals
Bryan Utilities
Electricity
, Gas,
Water
Hi-Way Equipment Company
_
Captive Replacement Paris
Strong Survey
Survey Service _
Carruth Doggett
Captive Replacement Parts
Various Vendors-
Juvenile Counseling
_
College Station
Area_Emergency
Calls
Waukesha Pearce
_
Dresser Equip. Repair & Malnt
Romoco Equipm_e_nt Company
Captive Replacement_Parts
R. B. Everett
Captive Replacement Paris
Conley Lott N_icho/s
E. L. Lester
Captive Replacement Parts
Captive Replacement Parts
Buchanan Soll
M_e_chanics
Engineering Services
_
Junction 5-0-5 _ _
Mowing
Texas Commercial Waste
_
Waste Removal
S. T. Lovett & Associates
Appraisal services
Ikon/Texas Copy
Captive Replacement Parts
General Telephone
Utilities
_
AM/PM Clinicas
Medical Services
Sysco Food Services
Jail Food
Bruchez, Goss, Etc.
_
Legal S
ervlces
Mustang Tractor
_
Captive Replacement Parts
Lone Star Gas
Utilities
_
Dr.Raney Cherlan
Medical Services
_
Prater Equipment Company
Captive Replacement Parts
Normangee Tracfor
Captive Replacement Parts
,
Scarmardo Produce
Jail Food
Washington County Tractor
Captive Replacement Parts
Hogans Trucks Unlimited
Captive Replacement Parts
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Rimstar International
AccuS
ign
Drug Screen
Scott 8 White Clinics
.
Medical S
ervices
Juvenile Placement Services
_
Placem
ent Services
_
-
Various Vendors
_
Court Order purchases
_
~
M _anagement
lal
Public Financ
Financial Advisory Services
_
_
Akin, Gump, Etc.
Legal Financial Services
I
_
fe
Standard Cof
e
Jail Food
_
_
Ben E. Keith
Jail Food
_
Cain's Coffee Company
_
Jail Food
Family PsychologicalS_ervices
Counseling
Alliant Food Service
Jail Food
_
Food
Group
Performance
Jail Food
i
_
_
Ruch Equipment
_
Captive Replacement Parts
arma
Downtown Ph
cy
Prescriptions/Medications
j
_
_
Office Depot
Office Supplies
Lilly Dairy
_
Jail Food
Bryan
f
City o
Emergency Calls
_
_
GTE
Task Force phones
Various Vendors
l
an/Pharmaceutlca
Medic
Texas Voting Systems
_
_
Election Services
-
KW Brown
_
Engineering Services
~
Rental Services Corp
Portable Toilets
Horatio Chriesman Company
Surveying
I
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• THE STATE OF TEXAS :
COUNTY OF BRAZOS :
This contract, made this th day of September, 1999, by and between TEXAS VOTING
SYSTEMS, INC., a Texas Corporation, and the COUNTY OF BRAZOS, State of Texas.
W ITNESSETH:
Whereas, Texas Voting Systems, Inc. Is in the business of selling election services, and;
Whereas, BRAZOS C OUNTY is desirous of employing the services of Texas Voting Systems
Inc. In connection with the GENERAL ELECTION, to be held on November 2, 1999,
in Brazos County, Texas, and;
Now, Therefore, in consideration of the premises and mutual promises and obligations
herein set forth, it Is agreed:
1.
TEXAS VOTING SYSTEMS, INC. will provide the following supplies:
(a) 10,000 numbered and printed Official Ballot Cards.
(b) All required hinged ballot pages and punched masks.
(c) 2,000 sample ballots and 1,000 demonstration ballot cards.
! (d) Fifty two (52) election sets to Include the 5 early voting locations, absentee
canvassing board set, and one central counting set.
(e) Writs 6 Notices of Election.
(f) All required seals for the voting equipment.
(g) Custon ballot layout for each voting precinct.
(h) Precinct polling place supplies (pens - tape - extra stylus) as required.
(i) 2,000 Early Vote absentee mail-out official ballot labels as required.
2.
TEXAS VOTING SYSTEMS, INC. will provide the following services:
(a) Assemble three hundred (300) voting devices (more if required), and check
each unit.
(b) Check each unit for proper ballot pages, label each unit by precinct, and
stack units by precinct (and commissioner precinct) for delivery by Brazos
County.
(c) Deliver the -voting equipment (32 units) to the five Early Voting locations
and pick up the equipment at the close of the early voting period. New ballot
labels will be inserted, labeled, and stacked for delivery on Monday, November
1, 1999.
(d) Provide complete ballot layout and design.
(e) Conduct one (1) class for early voting election judges and clerks.
(f) Conduct one (1) class for election judges and clerks on election procedure.
(g) Conduct one (1) class for all central counting personnel if required.
(h) Assist with Absentee Voting as required.
(1) Assist with preparation of all supplies for use In the individual precincts.
(J) Assist in the preparation of the computer test deck and holding of the Official
Test of the vote count computer.
(k) Assistance on election day, as required, to include the central counting station.
pdrp -750
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page 2 of 2
(1) Provide any consulting services before and after the above mentioned elec-
tion.
(m) Provide repair crews for the voting device repair in the individual precincts
on election day.
(n) Provide all EDP programing for the General Election vote count.
3.
The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby
assumes the following duties and obligations in regard to the GENERAL ELECTION
to be held on November 2, 1999.
(a) Payment of all Election Judges, Alternate Judges, and Clerks of Election,
to include the central counting station.
(b) Furnish Texas Voting Systems, Inc. a complete list of all candidates and issues
for all races to be conducted in the above mentioned election.
(c) All reports, expense accounts, canvass of the election, conduct of the elec-
tion at the individual polling places, and any other statutory requirements
as required by the Texas Election Code and/or the Federal Voting Rights
Act and not specifically covered above.
4.
The consideration to be paid by the COUNTY OF BRAZOS, to TEXAS VOTING
SYSTEMS, INC. for the services and supplies to be rendered by said corporation
in the GENERAL ELECTION to be held on November 2, 1999 is twenty thousand
four hundred dollars and 00 cents. ($20,400.00)
IN WITNESS WHEREOF the parties have hereunto set their hands, the day and
year first written above.
COUNTY OF BRAZOS, TEXAS
Alvin W. Jones 4 -
County Judge of Brazos County
ATTEST:
ary AnrVVTai rd - County Clerk
TEX VOTING SYSTEMS, INC.
WI Ilam If. McLeod - President
gar.! 7...51
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: September 14.1999
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
a water line installation in the right of way of Steep Hollow Road approximately 2.200'
from its intersection with Elmo Weedon Road. Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 35' of and parallel to the right-of-way fine 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 90% 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 fumished 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:
.
SUBMI D BY: APPR D B
Richard F. Vance, P.E. Commissio et' Randy Sims
County Engineer Precinct
CC99-077
ApprovedRl'/DenledO by Commissioners' Court
Date: 9-&-2q
Alvin . Jo es, C my Judge
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is hereby given that (applicantki nk-Ro„ Creek S . U . D {proposes to
place a (type)water linexAfifiWe right-of-way of (road) Steephollow Rd.
In Brazos County, Texas as follows:
The location or description of the proposed Installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated inspector may inspect the
actual Installation.
2. That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any edsting utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after thel4tMay of September 1999
Firm: W kson Creek S.U.D.
By.
Title: General Manager
Address: --p. O. Box 4756
Bryan. TX 77805
Phone: 409-589-3030
APPROVED BY COMMISSIONERS'
COURT ON,
Date
• Re: Lori Hunter
Alvin W. Jones,Co ty Judge 0 9- 0 7.95 /on c; 3
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: September 14. 1999
ITEM: Request from Texas A&M University to construct two road bores: 1) Silver Hill
Road 0.3 mile from its intersection with SH 1 acid 2) Charlotte Lane 02 mil from its
intersection with Leonard Road for the purpose installing corrosion protection systems
Site is located in Precinct 4.
SOURCE OF FUNDS: N/A
•
1. 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 90% 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 Hi hwavs, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
SU BY: APPROVED BY:
J7 PD r/ ZA
Richard F. Vance. P.E. Commiss' ner Carey Ca ley
County Engineer Precinct
CC99-078
ApprovedE6eniedO by Commissioners' Court
Date: 4 - 44
Alvin W. Jones ounty Judge
•
VOL 75~
• `l
11\
08/50/99 08:18 '409 775 0452
BRAZ09 CO RDABR
00.02
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS, COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is her by given that (appllcant) T proposes to
place a (type)eo' _ ithin the right-of-way of (road) .si4 V4R ///9 AID. ¢a-164ato7-rr ZN•
In Brazos County, exa3 as follows:
The location or description of the proposed Installation Is more fully shown by 3 t 3
copies of the drawings attached to this notice.
1 understand and agree that: -
1. The County Engineer must by notified 72 hours`pQor•to the beginning of
construction in order that tie or his designate'lrispector may Insliect the
actual installation.
2. That all damage to the roadways and rights-of--way will be repaired to
their original condition to the satisfactlon of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will In no way be responsible for any damage which
might occur to any existing utility fines In the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way In
accordance with the Utility Accommodatlon Policy which was adopted by the
Texas Department of Transportation on May 29, 1889.
• S. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage to to
be considered at least two feet (2) below the center of the roadway.
7. That all sites will be barricaded during the construction period. 2-000
Construction of thls line will begin on or after the day of 191
Firm: K 11i1Ut'JQfly 1
By. u .
Title:
Address: U
Co-=e S01 c 43
Phone: 0415 .556'7
APPROVED BY COMMISSIONERS'
COURT ON:
a
Date ;
• P/zc T
Alvin W. Jones, County dge ~•I~ S A 10M D
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