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HomeMy WebLinkAbout2000-10-03-0900AM-RegularQ • BRAZOS COUNTY BRYAN. TEXAS ..+y 1 ~'P 7 p P" to 3 t ~l _Al iiwSE BY r,F-I;1 v NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 3, 2000 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 Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 38: 4. Budget Amendment 00/01-1. 5. Personnel Changes of Status. 6. Payment of Claims. 7. Recurring Payment Requests for the following: a. Fred Keller b. Dr. Rany Cherian (2) c. Becky Segrest d. Brazos County Emergency Communications District 8. Resolution regarding construction projects of the Brazos G Regional Water Planning Group. 9. Establishing a date and time for the conduct of a public hearing regarding County Subdivision Regulations. 10. Request by Constable, Precinct 2, to transfer a non-paid reserve deputy constable from the office of Constable, Precinct 6. • 11. Request by an agent of the Agricultural Extension Agency for out-of-state travel to Kansas City, Missouri and Manhattan, Kansas, to chaperone and coach the National Qualifying Livestock Judging Team at the 2000 American Royal Livestock Show, October 26-30, 2000. 12. Recommended list of presiding and alternate election managers and judges. Commissioners Court Meeting Agenda October 3, 2000 Page Two 13. Amending the County Travel Policy. 14. Tax Resale Deeds and authorization for County Judge to execute Tax Resale Deeds for the following property: a. .23 acres more or less out of theJ. M. Web Survey, City of Bryan, to Ramiro Quintero. b. Part of Lots 6 thru 8, Block 234, City of Bryan, to Geraldine Tates. c. A 50 feet by 230 feet tract, Stephen F. Austin League No. 9, Abstract 62, City of Bryan, described as Lots 4 and 5, Block 3, Hanus Addition, to Jose R. Ortiz and Sylvia Sanchez. 15. Continuation of participation in the Texas Counties Storm Water Coalition and requisition for participation fee. 16. Contract for Services with the Brazos Valley Council on Alcohol and Substance Abuse for services rendered to the Brazos County Juvenile Services Department. 17. Contracts with the Bryan-College Station Economic Development Corporation: a. Contributions for the Operating Expenses of the Corporation, b. Marketing Incentives. 18. Agreement with the Arts Council of Brazos Valley. 19. Contractual Agreement with the Brazos County Soil & Water Conservation District. 20. Contract with the Family Practice Residency of the Brazos Valley. 21. Contract with the Brazos Maternal and Child Health Clinic, Inc. 22. Contract for Support with the Retired & Senior Volunteer Program. 23. Funding Addendum for Fiscal Year 2001 for the Brazos County Health Department. 24. Contract for Services with Brazos Beautiful, Inc. 25. Funding Statement for Fiscal Year 2001 for the Brazos Valley Council of Governments. 26. Funding Statement for Fiscal Year 2001 for the MHMR Authority of Brazos Valley. 27. Lease Agreement with Fred Keller for office space for the Justice of the Peace, Precinct 3. 28. Building Lease Agreement with Lucille Varisco and Estate of Brazos A. Varisco for the Juvenile Services Boot Camp site. 29. Approval of the August 2000 Treasurer's Report. 30. Approval of Major Capital Asset items to be acquired by the Sheriff's Office in the 2001 Fiscal Year. 31. Amendment to the Agreement with,Triple D Security. . . #001 a ~ ~ .2we Commissioners Court Meeting Agenda October 3, 2000 Page Three • 32. Maintenance Agreement with Ikon for the District Attorney's Office copier. 33. Authorization to advertise for the following: a. Bid #2001-008 Equipment Lubricants - Annual b. Bid #2001-009 Oversized Limestone Aggregate c. Bid 42001-010 Heavy Machinery Rental - Annu: d. Bid #2001-011 Road Signs & Sign Posts - Annu; e. Bid #2001-012 Rental of Equipment w/Operator 34. Blanket Purchase Orders: a. $500.00 to Brazos Office Supply for the Metropolitan Planning Organization .13, 500 b. Ito Eagle for the Metropolitan Planning Organization c. $500.00 to the Brazos Center for Metropolitan Planning Organization d. $1,000.00 to Conroe Greenhouses for the Brazos Center e. $500.00 to Engineering Office Supply for the 361" District Court Office f. $500.00 to Mansel's Wheel Alignment for the Constable, Precinct 4 35. Request from Wellborn Special Utility District to construct waterline installation in the right-of-way of Greens Prairie Road from Whites Creek Lane for approximately 570 feet. Site is located in Precinct 1. 36. Request from Wellborn Special Utility District to construct a road bore and parallel line installation in the rights-of-way of Graham Road and I&GN Road. Site is located in Precinct 1. 37. Request permission for Road & Bridge Department to enter Ed Burkhart's property located off Rabbit Lane for the purpose of cleaning out the creek channel to allow water to drain from the roadway. Site is located in Precinct 2. 38. Acceptance of Warranty Deed from April Eyeington and husband, Robert Eyeington, on improvements to Straub Road located in Precinct 1. 39. Announcement of interest items and possible future agenda topics. 40. Call for citizen input and/or concerns. 41. Viewing of a Brazos Valley Council of City Governments video. 42. 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 (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING OCTOBER 3, 2000 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, October 3, 2000, 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. The attached sheet contains the names of the citizens and officials that were in attendance. 'Rev. G. H. Jones, III gave the invocation and led the pledge of allegiance. Under citizen input and/or concerns, Demetrios Basdekas made the following comments: 1. He compared county salaries with those of the two cities and determined that county employees are underpaid. He spoke with Commissioner Jones and the Sheriff who both believe the 5 percent increase is justified. 2. He wants a history of how the Exposition Center project evolved to the current stage and how they arrived at the $18.5 million dollar figure. The Court next considered Budget Amendment #00/01-1.1 through 1.4 which would reallocate funds for Brazos Center and two grants in the Grant Fund, Coordinating victim Services and Law Enforcement Block Grant; increase the budget of the County Clerk, Juvenile Services and County Clerk, Elections Division; and set up a budget in the District Attorney's department. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted. A copy is attached. Vol _ 02 Page d(Y8 • Commissioners' Court meeting October 3, 2000 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. 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: 20011443 through 20011884 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: • a) Fred Keller, for Lease Agreement for office space of Justice of the Peace, Precinct 3, $8,250 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. b) Dr. Rany Cherian two contracts for medical services for juvenile and adult inmates, $6,000 and $36,000 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. c) Becky Segrest for participation on Juvenile Board,$600 On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Auditor's office to, process the previously noted recurring payment. d) Brazos County Emergency Communications District for dispatch services,$211,475 On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. Vol a page ~fo 9 Commissioners' Court mating October 3, 2000 3 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to adopt a Resolution endorsing the inclusion of the construction of a reservoir on the Navasota River and of the Peach Creek reservoir project in the regional water plan prepared by the Brazos G Regional Water Planning Group. The Court proceeded to set the date and time to conduct the Public Hearing pertaining to the County Subdivision Regulations. On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to set Monday, October 16, 2000 at 6:00 p.m. as the date of the Public Hearing. The Hearing will be held at the Brazos Center. The Court next heard a request from Constable, Precinct 2, James Marrow to transfer a non-paid reserve deputy constable from the office of Constable, Precinct 6 to the office of Constable, Precinct 2. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the transfer. The next matter for consideration by the Court was a request submitted by the Ag Extension Agent seeking approval for out of state travel for himself. Eric Zimmerman would be traveling to Kansas City, Missouri and Manhattan, Kansas to chaperon and coach the national qualifying Livestock Judging Team from Brazos County at the 2000 American Royal Livestock Show during the week of October 26 through 30, 2000. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Ag Extension Agent and approved payment of out of state travel expense for Eric Zimmerman. Vol _ d4 Page z7v Commissioners' Court meeting October 3, 2000 4 On motion by Commissioner Jones, seconded by Commissioner • Cauley, the Court voted unanimously to appoint the following person as the presiding judge for the current voting year at the following voting precincts: Pct # Election Judge Alternate Judge 7 A&B Gladys Dominik (R) The Court next considered amending the County Travel Policy. Commissioner Sims moved to pay for meals while on county business. Commissioner Cauley seconded the motion. After some discussion, Commissioners Sims and Cauley withdrew their motion and second and then on motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to table consideration. The Court next considered Tax Resale Deeds and authorization for the County Judge to execute the Tax Resale • Deeds for the following properties: a. Ramiro Quintero - .23 acres, more or less, out of the J. M. Web Survey, City of Bryan, Brazos County, Texas On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to Ramiro Quintero:. b. Geraldine Tates - Part of Lots 6 thru 8, Block 234, City of Bryan, Brazos County, Texas On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to Geraldine Tates. c. Jose R. Ortiz and Sylvia Sanchez - a 50 foot L,, 230 foot Tract, City of Bryan, Brazos County, Texas described as Lots 4 & 5, Block 3, Hanus Addition. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to Jose R. Ortiz and Sylvia Sanchez. is The next matter before the Court was the continuation of participation in the Texas Counties Storm Water Coalition and requisition for the participation fee. Vol Al Page - 9-11 Commissioners' Court meeting October 3, 2000 5 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to continue participation and approve payment of the requisition for the participation fee. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Valley Council on Alcohol and Substance Abuse (BVCASA). BVCASA will provide services to the Brazos County Juvenile Services Department inmates. The cost to Brazos County will be $40.00 per assessment. The term of the contract will be from September 30, 2000 to August 31, 2001. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to enter into contractual agreement with the Brazos Valley Council on Alcohol and Substance Abuse. A copy of the contractual agreement is attached hereto. The Court next considered two separate contracts with the Bryan-College Station Economic Development Corporation: a. Contributions for the Operating Expenses of the Corporation. Cost to the County would be Two Hundred Twenty-Two Thousand Dollars ($222,000.00) for the 2000-2001 fiscal year. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement for the payment of funds for operating expenses of the Corporation and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. b. Marketing incentives. Cost to the County would be Three Hundred Sixteen Thousand Dollars ($316,000.00) for the 2000-2001 fiscal year. On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to enter into agreement for the payment of funds for the marketing plan and proposed budget 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 entering into agreement with the Arts Council of Brazos Valley to provide assistance to local arts organizations. Vol Page )-7:21 • • Commissioners' Court meeting October 3, 2000 6 This is done through funding and support for programs involving substance abuse prevention and education for children. Cost to the County is Eighteen Thousand Five Hundred Dollars ($18,500.00) for the year beginning October 1, 20000 and ending September 20, 2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with the Arts Council of Brazos Valley 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 entering into agreement with the Brazos County Soil & Water Conservation District for soil and water conservation services to the residents of Brazos County and the County proper. Cost to Brazos County is $5,500 for fiscal year 2000-2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with the Brazos County Soil & Water Conservation District and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Family Practice Residency of the Brazos Valley (Provider). The Provider will provide good medical care services to the County's poor and indigent population. The cost to Brazos County will be $55,000.00 for fiscal year 2000-2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Family Practice Residency of the Brazos Valley. A copy of the contractual agreement is attached hereto. Vol ~-I Page o213 Commissioners' Court meeting October 3, 2000 7 The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Maternal & Child Health Clinic, Inc. (Provider). The Provider will provide prenatal and child medical care services to the County's poor and indigent population. The cost to Brazos County will be $70,000.00 for fiscal year 2000-2001. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to enter into contractual agreement with the Brazos Maternal & Child Health Clinic, Inc. 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 Retired & Senior Volunteer Program (RSVP) - RSVP will provide volunteer services throughout the community. The cost to Brazos County will be $2,500 for fiscal year 2000-2001. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to enter into contractual agreement with the Retired & Senior Volunteer Program (RSVP). A copy of the contractual agreement is attached hereto. The Court next considered a Funding Addendum for the Health Department for fiscal year 2001. The total amount of the contribution is $399,761.00 which is made up of $196,727 in funds and $203,034 in-kind contribution. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to approve the Funding Addendum for the Health Department for fiscal year 2001. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Brazos Beautiful. Brazos Beautiful will promote waste handling practices and improved litter control in Brazos County. Vol C21 -Page d21 `f R- Commissioners' Court meeting October 3, 2000 t • 8 The cost to Brazos County will be $15,000.00 for fiscal year 2000-2001. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Beautiful. A copy of the contractual agreement is attached hereto. The Court next considered approval of a funding Statement for Fiscal Year 2001 for the Brazos Valley Council of Governments. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of $23,800.00 in membership dues to the Brazos Valley Council of Governments. The Court next considered approval of a funding Statement far Fiscal Year 2001 for the MHMR Authority of Brazos Valley. On motion by Commissioner Cauley, seconded by Commissioner, the Court voted unanimously to approve payment of $75,800.00 to the MHMR Authority of Brazos Valley for operating expenses. The Court next considered renewal of a lease agreement between Brazos County and Fred Keller of Brazos County for rental of office space in the building located on 8991 East Highway 21, in Bryan, Texas, for the use of the Justice of the Peace for Precinct 3. Term of the lease is for the period of one year commencing on October 1, 2000 and ending on September 30, 2001. The County agrees to pay to Mr. Fred Keller the sum of seven hundred fifty dollars ($750.00) per month. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to renew the lease agreement between Brazos County and Mr. Keller for the period stated above. A copy of the Lease Agreement is attached. The Court next considered renewal of a lease agreement u between Brazos County and the Brazos County Juvenile Services Department and Lucille Varisco and Estate of Brazos A. Varisco of Brazos County for rental of office space in the building located at 301 N. Main Street, in Bryan, Texas, for the Vol -1~ Page d-I Commissioners' Court meeting October 3, 2000 9 purpose of operating the Academy for the Rehabilitation and Motivation of Youth (ARMY). Term of the lease is for the period of one year commencing on October 31, 2000 and ending on September 30, 2001. The County agrees to pay One Thousand Three Hundred Fifty Dollars ($1,350.00) per month. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to renew the lease agreement between Brazos County and Lucille Varisco and Estate of Brazos A. Varisco for the period stated above. A copy of the Lease Agreement is attached. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to receive, approve and order filed as submitted the Treasurers report for August 2000. A copy of which is attached to and made a part of these minutes. The Court next considered approval of Major Capital Asset items to be acquired by the Sheriff's Office in the 2001 fiscal year. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the following purchases: Computers $1,730 5 $8,650 Mobile Videos for Patrol $4,000 2 $8,000 Mobile Radios $1,200 3 $3,600 Mountable Radar Units $1,000 4 $4,000 Vehicles $21,500 10 $215,500 The Court next considered an Amendment to the Agreement with Triple D Security. The original contract was made on September 14, 2000 with a monthly charge of $756.00. An amendment to the contract changed the pickup time for Justice of the Peace, Precinct 6 thus causing an increase of $12.60 to the overall charge. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amendment to the Agreement that increases the monthly charge to $838.50 per month. A copy of the Amendment is attached. Vol a 1 -Page X76 I Commissioners' Court meeting October 3, 2000 10 The next matter before the Court was approval of a Maintenance Agreement with Ikon for the District Attorney's l~ u Office copier. This is for the third year of the State Maintenance Contract. Term of the Agreement is f rom October 4, 2000 through October 3, 2001 at a cost of $657.01. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Maintenance Agreement. The next matter for consideration was approval for the Purchasing Agent t a. 2001-008, b. 2001-009, c. 2001-010, d. 2001-011, e. 2001-012, o advertise for the following bids: Equipment Lubricants - Annual Contract Oversized Limestone Aggregate - Annual Contract Heavy Machinery Rental - Annual Contract Road Signs & Sign Posts - Annual Contract Rental of Equipment w/Operator - Annual Contract on motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court proceeded to consider the following blanket Purchase Orders: Brazos Office Sup Met. Planning Office $ 500 Eagle Met. Planning Office $3,500 Brazos Center Met. Planning Office 500 Conroe Greenhouses Brazos Center $1,000 EOS 361" District Court $ 500 Mansel's Constable, Pct. 4 $ 500 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered the request from Wellborn Special Utility District to construct a water line installation in the right-of-way of Greens Prairie Road from whites Creek Lane for approximately 570 feet. The site is ~J located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the request of Wellborn Vol AI Page ;2-7 7 Commissioners' Court meeting October 3, 2000 I 11 1 Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wellborn Special Utility District to construct a road bore in the right-of-way of Graham Road I&GN Road. The site is located in I Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the request of Wellborn Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Ed Burkhart on Rabbit Lane to clean o4t a creek channel to allow water to drain from the roadway. The site is in Precinct 2. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered acceptance of a Warranty Deed for right-of-way on Straub Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from April Eyeington and husband, Robert Eyeington for the expansion and improvements to Straub Road. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He received a copy of a letter from the County Auditor to Susan Wendel with the Texas Association of Counties, Leadership Foundation, asking for guidance on how to acquire grant monies to expand the best practices program. There was no citizen input and/or concerns. Vol 11 page A7 g I I r, { I j~ I Commissioners' Court meeting October 3, 2000 12 I The Court next watched the Brazos Valley Council of Governments video on the development of regional development councils and how they interact with various entities to bring about a higher standard of life to the residents. There being no further business to come before the Court, the meeting was adjourned. • • Vol 21 Page 979 The foregoing minutes of the Commissioners Court meeting held October 3A2000 have been examined and are approved in open Court this the .271-14day of , 20U, in Bryan, Brazos County, Texas. ~yJ Alvin W. Jones County Judge 0' 5~7 . ~7~~~ m. S. Thorn on Commissioner, Precinct 2 Carey Ca ley, Jr. Commiss' ner, Precinc 4 To Jon ' Commissioner, Precinct 1 V 210.2, Randy Si K Commis T over, Precinct 3 McQueen County Clerk i Vol Al Page o2$D BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 13 200,0 AT o V • 1 1 - -I ✓ , 7 n o ale. 5r (I / Y 1 AAL /2ito ~n~_ C ~ 0 { BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/O1 1.1 through 1.4 On this the 3rd day of October 2000 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 October 3, 2000 the Court heard and approved a budget amendment for the 2000-2001 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 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3rd day of October 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: ( T1 Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOLWO10---pi u • 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-1.1 - 10/3/00 - - FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210001 533000 Dr. Employee Health Ins. 1,920.00 01 110015 611300 Cr. Contingency 1,92000 20 210050 533000 Dr. Employee Health Ins. 1,920.00 20 210050 614500 Cr. Miscellaneous Expenditures 1,920.00 County Clerk Admin. To increase the Employee Health Insurance budget to allow the coverage f or a full-tine employee who is paid half from the County Clerk Administration division and half from the County Clerk Management Fund. 01 365001 710800 Dr. Grounds Maint.Contract 40,700.00 01 365001 654000 Cr. Grounds Maint./Repairs 40,700.00 Brazos Center - Admin. To reclassify budget setup for the new contract for Ground Maintenance which was originally setup in Re pairs and Maintenance. 01 190001 516100 Dr. Hourly - Staff 7,68000 01 190001 531000 Dr Social Security 588 00 01 190001 532000 Dr. Retirement' 826 00 01 190001 533000 Dr. Employee Health Ins. 1,28000 01 190001 538000 Dr. Workers Comp. 12.00 01 110015 611300 Cr. Contingency 10,386.00 District Attorney Administration To setup budget which was inadvertently left off the position control worksheet used for the budget process for the full-time employee who works for the DA department one-third time and two-thirds time from the NTTF grant. Pie m9 - - - ppro..,.,~.~~ Bi Dateas,^.~~'ii. ate:......... CI Z_ - - i i 1 I BRAZOS COUNTY, TEXAS - - - - - - - - - - - - - BUDGET AMENDMENTS - - - - - - - - No. 00/01-1.2 - - - - - - - - 10/3/00 FD DIV ACCT PRO] DR/CR ACCOUNT NAME Increase Decrease 30 1919 538000 Dr. Worker's Compensation 20.00 30 490230 Cr. Transfer fm DA Crime Fd. 20.00 Brazos County Grant Fund Coordinating Victims Services To adjust the budget to agree with th e approved state contract. Funds to be provided by the District Attorney Crime Fund. 30 2850 802030 Dr. Computer Hardware 51,439.00 30 2850 516150 Cr. Hourly - Law Enforcement 10,000.00 30 2850 531000 Cr. Social Security 3,000.00 30 2850 606000 Cr. Office Supplies 11,000.00 30 2850 653500 Cr. Gasoline 12,000 00 30 2850 725900 Cr. Professional Fees 5,239.00 30 2850 802860 Cr. Equipment - Other 10,200.00 Brazos County Grant Fund Law Enforcement Block Grant To reclassify budget to agree with t he final a pprove grant. Prepared I3yc m ay - - - - Approved By: ,i Datc., 9/25/991 Date: _ VON- -91 t . A". • 11 BRAZOS COUNTY, TEXAS_ BUDGET AMENDMENTS No. 00/01-1.3 10/3/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310001 511000 Dr. Salary -Elected Officials - 01 310001 513000 Dr. Salary-Staff 5,909.00 01 310001 516100 Dr. Hourly-Staff 26,01100 01 310001 516300, Dr. Hourly-Part Time 4,107.00 01 310001 516350 Dr. hourly-Three-Qtr Time 426 00 01 310001 516300 Dr. Hourly-Temporary 17,277 00 01 310001 518100 Dr. Longevity Pay 20.00 01 310001 518200 Dr. Merit Pay 1,121 00 01 310001 531000 Dr. Social Security 6,900.00 01 310001 532000 Dr. Retirement 4,48500 01 310001 533000 Dr. Employee Health Insurance 3,840.00 01 310001 538000 Dr. Workers Compensation 110.00 01 110015 611300 Cr. Contingency 70,206.00 General Fund Juvenile Services To increase the salary and benefits for the Juvenile Services Department to include the same 2.5% increase as approved for all other county employees and as approved by the Juvenile Board. The increases were not included with the original budget request a pproved by the Juvenile Boar a~+r7:-'^-"'+r=7't'ri't i'.7+'i n:•rr' - - I .,....-„t,y,,,~,.-~^,s . •-^~.-I Wepared-By. Approved By: ' Dater 9/25/99; 4 BRAZOS COUNTY, TEXAS COMPARISON OF JUVENILE SERVICES SALARY AND BENEFITS For The Fiscal Year Ending September 30, 2001 Requested Requested Budget Unfunded Account Title Budget with 2.5% Variance 511000 Salary -Elected Officials 6,600 6,600 - 513000 Salary-Staff 236,336 242,245 5,909 516100 Hourly-Staff 1,040,451 1,066,462 26,011 516300 Hourly-Part Time 79,548 83,655 4,107 516350 Hourly-Three-Qtr Time 17,110 17,536 426 516400 Hourly-Temporary 116,357 133,634 17,277 518100 Longevity Pay 9,320 9,340 20 518200 Ment Pay 18,031 19,152 1,121 Total Salary 1,523.753 1,578,624 54,871 531000 Social Security 113,860 120,760 6,900 532000 Retirement 165,215 169,700 4,485 533000 Employee Health Insurance 184,320 188,160 3,840 536000 Workers Compcnsatton 2,250 2,360 110 Total Benefits 465,645 480,980 15,335 Total Salary and Benefits 1,989,398 2,059,604 70,206 o' °2 G 2001 BudgeVJuv Srv Salary Bencfiu 985/00 3.02 PM i 7 1 • 1 • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-1.4 10/3/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210020 610100 Dr. Advertising Legal Notice 3,500.00 01 110015 611300 Cr. Contingency 3,50000 General Fund County Clerk - Elections Division To increase the budget to cover the advertisin g of the notice of the bond el ection. . Prepared~By:"s'~'` • -r-nikw - - - - ~Approved`By: ~ ~x - - Date:_. .9/27!99,; Date:.,: a g w t i 1 TONY JONES RANDY SIMS ~ ' Brazos Count Commissioners' Court 1 3 , y - ALVIN W. JONES WNI. S. THORNTON County Judge CAREY CAULEY, JR. Preckw* 2 3614102 Precinct 4 3614115 3614111 DATE: September 27, 2000 x TO: Margie Wedel, Assistant Auditor FROM: Al Jones/Susan Gandy Transfer of Funds I,--- SUBJECT: Please transfer 53,500.00 from Contingency Funds into the County Clerk's Elections fund for Advertising -Legal Notices (division 210020; account 610100). This transaction is for FY 2001. This transfer is necessary due to the unbudgeted expense of advertising twice the notice of the bond election. Please call this office should you have any questions. Thank you for your help. copy: County Clerk 1 t IQ" a Lantos Cou* C0WV= se • 300 Eaa126th SL - Sude 11S Sryan. Texas 778005327 Fax: (409) 823.6993 • PERSONNEL CHANGE OF STATUS page 1 of 2 COURT DATE: October 3, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status ««««««««i«i«««i«i«««#ii«iii«iiiiiii«««««ii«««4«i«««i#«i««« ##iii#««««i««««««««««««««« DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ««««««««ii«ii#«ii i###iiiiii#i###ii#iii««««ii#«««ii«iii«ii« ##iii«#«««««ii#«i«««i««««# BRAZOS CENTER WALKER, SHEILA M SALARY INCREASE LOVELL, JASON PROMOTION • BUILDING MAINTENANCE STUTTS, ERNEST PROMOTION LYON, JOHN R TRANSFER FROM SO THOMAS, KEITH A NEW HIRE F/T REED, STEPHANIE NEW HIRE P/r CNS-~ DEEN, JARIJANE SALARY INCREASE LEE, ANITA MERIT INCREASE KI,TIPER, TONY MERIT INCREASE JESKE, LINDA MERIT INCREASE CAMPBELL, ROBERT A MERIT INCREASE GOLSON, TOM MERIT INCREASE COMMISSIONER'S COURT JONES, TONY SALARY INCREASE THORNTON, WILLIAM SALARY INCREASE SIMS, RANDY SALARY INCREASE CAULEY JR., CAREY SALARY INCREASE CONSTABLE, PCT 2 _ MARROW, JAMES P SALARY INCREASE CLARK, ARCHIE MERIT INCREASE CONSTABLE, PCT 3 MATEJKA, DERIK B SALARY INCREASE CONSTABLE, PCT 4 PETERS, EDGAR D SALARY ADJUSTMENT MCDERMOTT, CHRISTOPHER A MERIT INCREASE CRUSE, STEPHEN A MERIT INCREASE WOERZ, ERIC.T MERIT INCREASE CONSTABLE, PCT 5 . BUTLER JR., ISAAC - ~ ~ SALARY INCREASE CONSTABLE, PCT 6 ~SIKES JR, CHARLES P - - - - - SALARY ADJUSTMENT - - COUNTY CLERK WARD, MARY A - - - - - - SALARY INCREASE POLANSKY, SYLVIA MERIT INCREASE - - COUNTY TREASURER HAMILTON, KAY SALARY INCREASE - - - DISTRICT CLERK HAMLIN, NOLAN M SALARY INCREASE LEE, BARBARA NEVER STARTED WORK CARTER TREVA TERMINATED EMERGENCY MANAGEMENT WEHMEYER,DEMERLE SALARY INCREASE 0 a $ 9 .1 Cot/ PERSONNEL CHANGE OF STATUS i page 2 of 2 COURT DATE: October 3, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Cbange of Status •4i444ii444titit4ttti4i44ii44ii4ttttttiitttttittii44t4i4it44tiiitttiiit4ii44i4i44444 DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED 444tit4iiti44t4t44it44i4ii4tiiitit444t4i44titi44tiiti4itiiiiit4tiitiiiti44t44i4444i4 JUSTICE OF PEACE, PCT 2 ELLIS RJ., CHARLES H SALARY INCREASE JUSTICE OF PEACE, PCT 3 TRUELOVE, RAY M - SALARY INCREASE SARLES, MERRY J MERIT INCREASE JOHNSON, JUDY MERIT INCREASE JUSTICE OF PEACE, PCT 4 MEECE, PATRICK C SALARY INCREASE JUSTICE OF PEACE, PCT S QUINTERO, RAMIRO SALARY INCREASE JUSTICE OF PEACE, PCT 6 BOYETT, GEORGE H SALARY INCREASE JUVENILE COURT REFEREE CORBETT, REVA SALARY INCREASE NTTF FIELD, CARLA SALARY ADJUSTMENT PURCHASING RIZZO, NANCY K --.r_._ NEVER STARTED WORK RUSSELL, LINDA NEW HIRE F/T RISK MANAGEMENT JEANES JR., ALFRED W SALARY INCREASE ROAD & BRIDGE VANCE. RICHARD F SALARY INCREASE VILLARREAL, VICTOR PROMOTION MARION, BETTY PROMOTION TO F/T BECKER, CAROLE RESIGNATION SHERIFF OFFICE KIRK, CHRISTOPHER SALARY INCREASE TAX OFFICE WINN, BERALD SALARY INCREASE VETERAN'S SERVICES THOMPSON, WILLIAM SALARY INCREASE - - - Approved in Commissioners' Court: October 3. 2000 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) 4LAAV& a2/ Aa O i t C7 CONTRACT FOR SERVICES The Brazos Valley Council on Alcohol and Substance Abuse (BVCASA), hereinafter referred to as "BVCASA", and Brazos County, by this agreement and in consideration of the mutual promises set forth below, agree as follows: 1. BVCASA agrees to provide substance abuse assessment and evaluation services to the Brazos County Juvenile Services Department, hereinafter referred to as "Juvenile Services", for probationers or clients detained in the Detention Center of Brazos County Juvenile Services as follows: A. Written substance abuse assessmentslevaluations on probationers andlor clients detained in Brazos County Juvenile Detention Center which would include substance abuse history, results of the evaluation, and recommendations; B. Substance abuse assessment slevaluations will be submitted to Juvenile Services within seven (7) working days from intake of information; C. Additional reports andlor recommendations will be made available, if needed, to satisfy information requests from Juvenile Services or Brazos County Courts; 0. BVCASA will notify the assigned probation officer in the event a probationer fails to report for services located at BVCASA; • E. BVCASA agrees to adopt and implement workplace guidelines concerning persons with AIDS and HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information for employees of BVCASA and for clients, detainees, and residents served by BVCASA, in accordance with the provisions found in Acts 1989, 71" legislature, Ch. 1195, Sections 5.03 and 5.04; F. Charges for written substance abuse assessmentslevaluations will be at the rate of $40.00 per assessment; BVCASA will bill Juvenile Services on the last working day of each month for services rendered that month. Payment will be made from Juvenile Services to BVCASA within 45 working days. 11. BVCASA agrees to provide additional educational sessions to clients and Staff of Juvenile Services in the following manner: A. BVCASA will conduct a discussion session with all clients in Juvenile Detention at the Juvenile Services Detention Center once weekly; the purpose of such sessions will impart education, information, and referral sources for alcoholism, drug abuse, and related issues surrounding alcoholldrug addiction. Juvenile Services will provide suitable space for the sessions to be held; 0 ~tsu ~ ~r a I B. BVCASA will provide eight sessions interventionleducational programs, Finding Options to Cease) I Prevent Use of Substance (FOCUS), and 28 session interventionleducation programs, Teen Intervention Program (TIP), to any client referred from Juvenile Services who meets the eligibility requirement of program admission. An educational program for parents is a component of both of these programs; C. BVCASA will provide educational programs to staff of Juvenile Services, when requested, providing both agencies can mutually agree upon dates, times and locations of such training; 0. BVCASA will provide quarterly educational programs (Juvenile Alcohol and Drug Awareness and Prevention (JADAP) for all persons on Juvenile Probation at the time of quarterly presentations. Parents will be invited to attend the session; E. BVCASA will provide the services in II, A, B, C and D at no charge to Juvenile Services until such time there should be a reduction in funding to BVCASA. III. The venue of this contract is in Brazos County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. IV. This contract may be terminated by either party thirty (30) days subsequent to receipt of written notification by either party. V. This contract shall become void if there is a sufficient reduction in funding to BVCASA which would not permit delivery of the services outlined above. VI. This contract will become effective September 1, 2000, and will terminate August 31, 2001. I ¢l.~ . 9-1 - A Q4 Date Re esentative for Brazos Valley Council on Alcohol and Substance Abuse L (511~ ~rw I 9 I~ Date E. A. Wentrcek, Jr., Director Brazos County Juvenile Services Department lO-3-oo Date Alvin . Jones, County ge Brazos County, Texas 1: I • • • AGREEMENT BETWEEN BRAZOS COUNTY AND THE BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION FOR FISCAL YEAR OCTOBER 1, 2000 - SEPTEMBER 30, 2001 This Agreement is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of tha State of Texas (hereinafter referred to as "COUNTY"), and the BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION, a Texas Non- Profit Corporation (hereinafter referred to as "EDC"). RECITALS Whereas, the County is charged with the responsibility of promoting the general welfare of the people of the County; and Whereas, the present and prospective right to gainful employment is essential to the general welfare of the public; and Whereas, these rights and responsibilities require as a public purpose the promotion and development of new and expanded business enterprises; and Whereas, the development and expansion of business, commerce and industry are essential to the economic growth of the County; and Whereas, the EDC in a non-profit corporation created for the purpose of promoting and developing business and industry in the County; and Whereas, the EDC combines the resources and coordinates the efforts of the two largest municipalities in the County and several development agencies, thereby reducing duplication of efforts and more effectively and efficiently utilizing available resources for such economic development; and Whereas, the EDC has offered and desires to fulfill this public purpose on behalf of the 00-3063 Agreeme _I VOL 1 ~ ~ .9-413 Page I ors County; and Whereas, the. County desires to fulfill its responsibility to carry out the public purpose of promoting economic development, by the most cost effective means available to it. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT FOR AND IN CONSIDERATION of the mutual covenants and promises herein contained, the parties hereby agree as follows: I . EDC shzil in good faith utilize its best efforts to market and promote COUNTY in accordance with its Marketing Plan and Proposed Budget for Fiscal Year 2000-2001. 2. On an annual basis, EDC shall submit it-. proposed annual budget to the COUNTY for review not later than May 31st of each budget year. Funding by COUNTY shall be-subject to annual review and allocation of that budget. 3. On a quarterly basis, EDC shall submit an Activity Report of its activities and accomplishments for that particular quarter to COUNTY. The form of this report shall include a narrative summary of activities. At a minimum, EDC shall include in its report a summary of expenditures to date and inferuna:ion with regard :o current status and future prospects. 4. COUNTY funds shall be used solely for the programs depicted in the Marketing Plan and described on the approved annual budget. 5. EDC agrees it shal! be its duty to perform in compliance with the Marketing Plan and the approved annual budget. 6. EDC shall administer the programs developed to promote the County and maintain records in such format and manner to be prescribed by COUNTY. Said records shall clearly document the performance required by this Agreement. 7. Records requires by this Agreement shall be maintained by EDC during the contract 07 02- 9 Al 00-3065 Agnomen-I Q Page 3 c: R 1 r 1 i r t • period and for a minimum of three (3) years from and after the expiration date of this Agreement. 8. EDC shall give COUNTY, or its duly authorized representatives, access to all books, account, records, files or other papers belonging to or in use by the EDC pertaining to the requirements of this Agreement. Failure to provide access to the above listed documents shall constitute a breach of this Agreement upon which COUNTY shall have authorization to terminate this Agreement without further liability. 9. COUNTY may conduct a performance review on a semi-annual basis or as deemed necessary by COUNTY to evaluate compliance with the provisions of this Agreement. COUNTY may provide assistance to EDC as requested and as mutually agreed upon. 10. EDC shall comply with all federal, state, and local laws as applicable in the • performance of this Agreement. 11. It is understood and agreed that the participation of COUNTY is limited to the contribution of funds. COUNTY at no time shall be liable for the acts of EDC, its agents, or employees. 12. This Agreement shall be for a term of one (1) year commencing on the effective date hereof. 13. COUNTY agrees to provide to the EDC approved budgeted sums of money in the amount of TIDE HUNDRED SIXTEEN THOUSAND AND NO/100 DOLLARS ($316,000.00) for the EDC's use in accordance with the Marketing Plan and the Proposed Budget for Fiscal Year 2000-2001. The County and the EDC agree that due to the nature of the services provided by the EDC and the multiple sources of its funding that the EDC's monetary needs are not constant during • the year, but that such needs are greater et certain times of the year. In order to accommodate the EDC's needs and satisfy the County's desire to benefit from the retention of its monetary 02 00-3065 Agrec. m t_I Page 3 of 8 -T L commitment for as long as possible and still accomplish its goals, the parties have agreed to a funding schedule which is attached hereto as Exhibit "B" and made a part herein for all purposes. The County agrees. subject to Paragraph 14 below, to fund the amounts stated and on the dates stated in said schedule. Should the EDC not spend the funds budgeted for the contract year, an adjustment to the amount of the County's last scheduled payment shall be made to reflect a reduction. 14. COUNTY shall have the right to terminate this Agreement in whole or in part any time whenever COUNTY determines, in its sole discretion, that EDC has failed to comply with any terms of this Agreerrent.*COUNTY shall notify all parties in writing thirty (30) days prior to the date of termination. The notice shall include the reasons for such termination, the effective date of the termination, and in the case of a partial termination. the portion of the Agreement to be terminated. Either of the parties to this Agreement have the right to terminate this contract when all parties agree that the continuation of the activities f nded under this Agreement do not produce beneficial results commensurate with the expenditure of finds, provided that both parties agree in writing upon the termination conditions, including the effective date of the termination. Either party shall have the right to terminate the Agreement, without cause, on one hundred eighty five (185) days written notice. Should this Agreement be terminated, County shall be liable for the funding of the EDC only to the extent of the last payment made prior to notice of termination as set forth on the payment schedule set forth on Exhibit "B"; provided however, if such termination notice is sent within thirty (30) days of a scheduled payment date„ such payment shall be due and owing by the County when scheduled. 15. The Marketing Man is hereby confirmed and adopted by the COUNTY. Any substantial change in the Markct Plan or Budg.: shall be reviewable by the COUNTY at its 00-3065 Agreerrrcnt_I VOL e~ ~-Page 4 of S t • 1 C7 J discretion. 16. It is agreed and understood that the EDC shall meet -at least monthly to conduct business. The EDC shall adopt an attendance requirement for its Board members which shall be at least equal in requirements to the COUNTY attendance requirements for its boards and commissions. 17. COUNTY ar.d EDC state that to the best of their knowledge, no member of the County Commissioners Court and no officer, employee, or agent of the COUNTY who exercise any function or responsibilityin connection with the carrying out of the provisions of this agreement has any personal financial interest, threct or indirect, in this Agreement. 18. EDC agrees to hold harmless the COUNTY from any and all loss, cost, or damages of any kind, nature or description which may arise from the performance of this Agreement. t.9. Notwithstanding anything in !his Agreement to the contrary, this Agreement is contingent upon the annual appropriation of the funding described herein by the Commissioners Court of the County out of currentiy avaih ble funds. 20. in each instance where notice is required, notices shall be sent to each of the parties by certified mail, return receipt requested, as follows: County .fudge Brazos County Commissioners Court 300 East 26' Street Bryan, Texas 77803 Bryan-College Station Economic Development Corporation 4001 East 29" Street, Suite 180 Bran, Texas 77802 21. This Agreement shall be interpreted ir. accordance with the laws of the State of Texas and shall be performable in Brazos County. 00-3065 Agreement I Pap S of e 22. This Agreement shall not be assigned without the prior written consent of the COUNTY. 23. Should any word, part, or paragraph of this document be declared invalid for any reason, then, in that evert., all other words, parts or paragraphs of this document shall remain effective. 24. This Agreement represents the entire agreement of the parties and supersedes any prior written or veroa! understanding or representations. IN WITNESS WHEREOF, all parties hereto, acting under authority of their respective governing bodies, have caused this contract to be executed on this the riv day of ~~s„ 2000 to be effective the V day of October, 2000. BRAZOS COLNI TY BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION By: By: C4 z., ~ Alvin W. ones, County J e Ron Blatchley, Chairman of the BoarV Date: /O - 3 - v~ Date: - /D - 51-Az.- e 2 y~ 02% g 00.3063 Apeemud 1 O Pave 6 or t i I: • • THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the _I d y of 6LI 2000, by Alvin W. Jones, as Judge of the County of Brazos, on behalf of said political subdivision. BEATRIZD GREEN ' ~ My M MMICSION EXPIRES otary bhc, S Of Texas ;fir June 11. 20M THE STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of , 2000, by Ron Blatchley, Chairman of the Board of Bryan-College Station Economic Development Corporation, a Texas Non-Profit Corporation, on behalf of said corporation. Notary Public, State of Texas • 00.3065 Agreement 1\f/~ 7. Ptge 7 of 9 PAYMEMNO. 1 2 3 4 5 EXHIBIT KB" PAYMENT AMOUNT PAYMENT DATE $ 12,000.00 October 1, 2000 $ 1321.00 December 1, 2000 $ 25,000.00 May 1, 2001 $197,679.00 June 1, 2001 $ 80,000.00 September 1, 2001 VCS 02 at boo W MO AVwff= t i Pies ors • AGREEMENT BETWEEN BRAZOS COUNTY AND THE BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION FOR FISCAL YEAR OCTOBER 1, 2000 - SEPTEMBER 30, 2001 This Agreement is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "COUNTY"), and the BRYANiCOLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION, a Texas Non- Profit Corporation (hereinafter referred to as "EDC"). RECITALS Whereas, the EDC has agreed to perform certain development services for the County. Those services include the promoting and marketing of Brazos County for commercial and. industrial development; and • Whereas, in order to carry out that function the EDC will incur basic operating expenses such as rental payments, salaries and office overhead; and Whereas, the County has agreed to pay a portion of such costs. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT FOR AND IN CONSIDERATION of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The County agrees to pay a portion of those operating expenses incurred by the EDC in carrying out the responsibility of marketing and promoting the County for commercial and industrial development. 2. On an annual basis, EDC shall submit its proposed annual operating budget to the COUNTY for review not later than May 31st of each budget year. Funding by COUNTY shall be • subject to annual revie,.v and allocation. 00-3065 A ecrnent 2 Page 1 of 7 3. The operating budget of the EDC shall be funded by COUNTY up to the total sum of TWO HUNDRED TWENTY-TWO THOUSAND AND N01100 DOLLARS ($222,000.00) from the COUNTY's 2000-2001 fiscal year budget. COUNTY shall pay such sum on a monthly basis by paying to the EDC or its account one-twelfth (1/12) of the total sum referenced above. 4. EDC shall procure and maintain, as part of its operating expenses, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services undertaken by EDC, its agents, representatives, volunteers, employees or subcontractors. The EDC's insurwtcee covcnige shall be primary insurance with respect to the COUNTY, its officials, employees and volunteers. Any insurance or self insurance maintained by COUNTY, its officials, employees or volunteers, shall be considered in excess of the EDC's insurance and it shall not contribute to it. 5. Certificates of Insurance and endorsements shall be furnished to the COUNTY. The following standard insurance policies shall be required: a General Liability Policy b. Automobile Liability Policy C. Workers' Compensation Policy The following oerteral requirements are applicable to all policies: a. General Liability and Automobile Liability shall be written by a carrier with an A:VIII or better sating in accordance with the current Best Key Rating Guide. b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Deductibles shall be listed on the Certificate of Insiumce and are acceptable only on a per occurrence basis for property damage. A deductible is acceptable for Professional Liability Insurance. Page 2 of 7 o' 00.7065 Aarecnrnt_2 tf d- ` ~~j 3 Q • 1 . { r • d. Claims Made Policies will not be accepted, except for Professional Liability Insurance. e. The COUNTY. its officials, employees, and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the COUNTY, its officials, employees, or volunteers. f. A Waiver of Subrogation in favor of COUNTY with respect to Workers' Compensation insurance must be included. g. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the COUNTY. h. Upon request, certified copies of all insurance policies shall be furnished to the COUNTY. The following Commercial General Liability will be required: a. Minimum combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. b. Coverage shall be at least as broad as Insurance Service's Office form number CG 00 01. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. The following Automobile Liability will be required: a. Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. b. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in item 2 of the declarations page. The following Workers' Compensation wil! be required: a. Employees Liability limits of $100,000 for each accident is required. b. Texas Waiver of Our Right to Recover From Others Endorsements, WC 42 03 04 shall be included in this policy. is X03 00-3065 Agroemrn1_2 ~ Page 3 of 7 C. Texas must appear in Item 2A of the Workers" Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, WY. 6. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions and warranting the following: j a. The company is licensed and admitted to do business in the State of Texas. b. The insurance set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. C. Sets forth all endorsem-.nts and insurance coverages according to requirements and instnictions contained herein. d. Shall specifically set form the notice of cancellation, termination, or change in coverage provisions to the COUNTY. C. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 7. EDC shall maintain fiscal records and supporting documentation in the form of cancelled checks, payroll records, invoices or other documents required for all expenditures of funds made pursuant to this Agreement. Any payments made by the EDC shall only be made in accordance with generally accepted accounting practices with appropriate accounting codes established so that an annual audited account of funds expended can be provided to the COUNTY. 8. Records required by this Agreement shall be maintained by EDC during the contract period and for a minimum of three (3) years from and after the expiration date of this Agreement. 9. EDC shall give COUNTY, or their duly authorized representatives, access to all books, account, records, files or other papers belonging to or in use by the EDC pertaining to the requirements of this Agreement. Failure to provide access to the above listed documents shall constitute a breach of this Agreement upon which COUN'T'Y shall have authorization to terminate ~al~ at 304 00-7063 Agrcemrnt : Page 4 of? • this Agreement without further liability. 10. This Agreement shall be for a term of one (1) year commencing on October 1, 2000 and terminating on September 30. 2001. 11. COUNTY shall have the right to terminate this Agreement in whole or in part any time whenever COUNTY determines that EDC has failed to comply with any terms of this Agreement. COUNTY shall notify all parties in writing thirty (30) days prior to the date of termination. The notice shall incisde the reasons for such termination, the effective date of the • termination, and in the case of a partial termination, the portion of the Agreement to be terminated. This Agreement may be cancelled, without cause, upon one hundred eighty-five (185) days written notice by either party. In the event of termination. for cause, the County shall be liable for funding of the EDC only to the extent of the last monihly payment made prior to notice of termination; if termination is without cause, payment shall be due through the expiration of the required notice. 12. In each instance where notice is required, notices shall be sent to each of the parties by certified mail, return receipt requested, as follows: Brazos Country 300 East 26'h Sweet Bryan. Texas 77803 Bryan-College Station Economic Development Corporation 4001 East 29* Street, Suite 180 Bryan, Texas 77802 13. It is understood and agreed that the participation of COUNTY is limited to the contribution of funds. COUNTY at no time shall be liable for the acts of EDC, its agents, or employees. 14. NotmLhstending anything herein to the contrary, this Agreement is contingent upon • 00-3065 Age' 1_2 ti Page 5 of 7 the annual appropriation of the funding herein described by the Commissioners Court of the County out of currently available funds. 15. This agreement shall be interpreted in accordance with the laws of the State of Texas and shall be performable in Brazos County. 16. This agreement shall not be assigned without the prior written consent of the COUNTY. 17. Should any word, part, or paragraph of this document be declared invalid for any reason, then, in that event, all other words, parts or paragraphs of this document shall remain effective. 18. This agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representations. IN WITNESS WHEREOF, all parties hereto, acting under authority of their respective i governing bodies, have causc d this contract to be executed on this the 3'tO day of OeroBIA.W 2000, to be effective the 1" day of October, 2000. BRAZOS COUNTY BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION By: By: Alvin W. Jones, Coun udge Ron Blatchley, Chairman of the Date: 0azz2a*.- 31 -20'eme Date: '.?oe o 00.7061 Agreement 2~~ ~v Page 6 or 7 r • THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of 2000, by Alvin W. Jones, as Judge of the County of Brazos, on behalf of said corporation. BEr:'rRIZ D GREEN MY COMMISSION EXPIRES x 002 o Public, We of Texaj( THE STATE OF TEXAS § COUNTY OF BRAZOS § Ibis instrument was acknowledged before me on this the day of • 2000, by Ron Blatchley, Chairman of the Board of Bryan-College Station Economic Development Corporation, a Texas Non-Profit Corporation, on behalf of said corporation. Notary Public, State of Texas 01 - tam.' sol 00-7065 Agtaemen:_2 Page 7 or 7 I 1 STATE OF TEXAS § § COUNTY OF BRAZOS § AGREEMENT KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, made and entered into this 3 Rs day of October, 2000, by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent and officer, hereinafter referred to as ACBV, and the COUNTY OF BRAZOS, Texas, acting by and through its County Judge, duly authorized to act, hereinafter referred to as COUNTY. WHEREAS, Article 3, Section 52-a of the Constitution. Section 381 of the Local Government Code of the State of Texas and V.A.T.S. §5190.6, provide for COUNTY to engage in economic development activities; and WHEREAS, a primary focus of economic development inquiries is the quality of arts programs in a community; and WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY through funding and support for programs involving substance abuse prevention and education for Brazos County children through arts programs and continue to provide arts-related programs and scholarships for young people which foster positive self-image and thereby assists in prevention of drug and alcohol use and abuse; and WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education and general welfare of the citizens of the State of Texas require promotion and education about the performing, dramatic, visual and literary arts; and WHEREAS, said Article permits COUNTY to provide funding for cultural education facilities, and is to be liberally construed; and 4- '36>3 VON.. I: 7 i • WHEREAS, ACBV provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise zones; and WHEREAS, ACBV, through its funding programs, has provided benefit to Brazos County, Texas through programs attracting over 25,000 participants, and resulting in significant purchases of goods from Brazos County merchants; and WHEREAS, ACBV has provided funding to assist local performing arts groups; and WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides for historic preservation; and WHEREAS, other programs provided by COUNTY art directly benefitted by ACBV and its member organizations. NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: • 1. ACBV, through its funding and support of member organizations, agrees to provide the above enumerated services which it has provided and agrees to continue to engage in support of arts organizations. 11. • COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to ACBV a lump sum payment of EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($18,500.00) for the year beginning October 1, 2000 and ending September 30, 2001. ACBV agrees to provide an account of how the $18,500.00 was distributed to meet the above described services. ACBV hereby agrees to hold COUNTY, its officers, agents, servants and employees harmless from any loss, damage, injury or claim arising from any negligent act during the course of its operations. ~0 9 Ira VOL P t WITNESS OUR HANDS this 404- day of October, 2000. ARTS COUNCIL OF BRAZ S VALLEY, INC. By: E cutiv Dire or By: President BRAZOS COUNTY, TEXAS By. Alvin W. Jones, C only Judge CERTIFIED AS TO AVAILABILITY OF FUNDS: By: Reyn ds, County Auditor wol u LEASE AGREEMENT This lease Agreement is made and entered into this first day of October, 2000, by and between FRED KELLER of Brazos County, herein called "Lessor," and BRAZOS COUNTY, TEXAS, herein called "Lessee." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable considerations, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office Space (approximately 1,760 sq. ft.) in the building located at 8991 East Highway 21, Bryan, Texas 77808, to include water and sewer along with restrooms. It will also provide handicap access. TERM The term of this lease shall be for a period of one year, commencing October 1, 2000 and ending on September 30, 2001. • RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of $750.00 (Seven Hundred Fifty Dollars) per month on the first of each month. USE OF PREMISJES The leased premise shall be used only as an office and Lessee shall not permit the leased premises or any part thereof to be used for: (a)the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b)the creation or maintenance of a public nuisance; (c)anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d)any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. -I- i I Arapi; ~iK I • i INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, free and harmless from any and all liability for injury to, or death of, any person, including employees of Lessee, or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of Lessee provided that nothing in this agreement shall expand or enlarge the liability of Lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, at his expense, be responsible for fresh water lines to the building. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside ofthe building shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. Lessee shall keep the grass mowed and trimmed around the building. DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so -2- ® ~I AM Ala, 0 damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of al l buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy, this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of teased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all buildings and improvements located thereon, are at the date of this lease, in good order, repair and a safe and clean condition. UTILITIES All charges for electricity, water and other utility services shall be paid by Lessee. • IMPROVEMENTS PROPERTY OF LESSOR All alterations, changes, and improvements built, constructed or placed in the leased premises by Lessee, other than movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee, at the termination of the lease, shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor shall be void and shall, at the option of the Lessor, terminate the lease. • -3- C~ e 3 LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complied with by Lessor, and such violation or failure continues for fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BY LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that, in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now on the leased premises by Lessor. RIGHT OF INSPEC'T'ION Lessor and his agents have the right at all reasonable times during the terms of this least to enter the leased premises for the purpose of inspecting them and all buildings and improvements thereon, provided, however, that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. -4- VIi1. A 3► 1 f f G • r~ u I NOTICES i Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Fred Keller, at 8032 East State Highway 21, Bryan, Texas 77808; addressed to Lessee, Brazos County, 300 East 261 Street, Bryan, Texas 77803-5317, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other parry in the manner provided for in this paragraph. i C { USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct Three (3) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under "Notices," all rent payable under this lease shall be paid to Lessor at 8032 East State Highway 21, Bryan, Texas 77808. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as may be granted, to a reasonable stun as and for his attorney's fees in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION In case any one or more of the provisions contained in the agreement shall for any reason be -5- held to be invalid; illegal or unenforceable, it shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AMENDMENT No amendment, modification or alteration of the terns hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly exccuted by the parties hereto. LESSOR: FRED KELLER B all L LESSEE: BRAZOS COUNTY ATTEST: By: Alvin . Jones, Count udge A- lote4o 41 /O!W Mary Ann ard, County Clerk -6- 021 • Contractual Agreement Brazos County Soil & Water Conservation District And Brazos County Commissioners Court Brazos County Soil and Water Conservation District #450, hereinafter called the District, and Brazos County Commissioners Court, hereinafter called the County, does hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. Those services will include, but not be limited to, erosion control, water management, and rural development This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law An information and recognition program will be used to inform the public Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service. • Erosion control will keep the land productive for its various uses for many generations Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources. Water management includes recommendations for proper irrigation, flood control, and water quality Irrigated crops account for 75% of all water used Proper irrigation saves that resource for tomorrow's uses including domestic consumption Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management. The District's role in Rural Development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly inhanced if this method can be used. I The District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. The District contracts to the Brazos County to provide the above services for 2001 FY for $3,500.00. (DATE) (DATE) Al Jones Preston J. o I rJ /T~ County Judge Chairman Brazos County, Texas Brazos County SWCD #450 F i E\T • CONTRACT THIS CONTRACT 1S ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County'), and the FAMILY PRACTICE RESIDENCY OF THE BRAZOS VALLEY (hereinafter "Provider"), located at 1301 Memorial Drive, Suite 200, Bryan, Texas 77802, RECITALS WHEREAS, the medical care of the County's poor and indigent has become a growing problem; and WHEREAS, the County recognizes that good medical care of individuals and families that emphasizes prevention, care management, and appropriate acute care results in less costly medical expenses for the Community and in a more productive work force; and WHEREAS, the County is interested in promoting such care through the Provider, • NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM The contract shall continue in force and effect for a term of twelve (12) months commencing on the 1 st day of October, 2000 and terminating 30th day of September, 2001 CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (herein "services"). USE OF COUNTY FUNDS • Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of a faculty physician for supervisory purposes and the partial salary of three (3) resident physicians as described in Enclosure (1) attached hereto and made a part hereof for all purposes. i The County and Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to qualified applicants and that the funding of salaries for the trained personnel of Provider is designed to accomplish that goal. COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the parts of the salaries as stated on Enclosure I up to a maximum of Fifty-Five Thousand and No/100 Dollars ($55.000.00) for the term of this Contract. This sum shall be paid quarterly as in the previous year. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract- 1. All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Provider's Services with regard to residency and financial qualifications 3. Maintaining this Contract 4. Providing of the Provider's Services 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Respond to all and any inquires by the County regarding the Clinic and its Services. 7. Assist the County with information needed for audit purposes 8. Provide the County with quarterly financial statements. 9. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provide financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set form herein above. 11. Provide the County with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's Services 0 1 • RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements. Provide County funds for the payment of the consideration stated herein. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the provider with funding Such records shall be retained for at least four (4) years from the date the service was provided These records shall be made available for inspection and audit by the County, if it so desires • DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin Such action shall include, but not be limited to, the following employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rated of pay or other forms of compensation, and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach Violation or non-performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. t 'II INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTYINVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest, direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: FAMILY PRACTICE RESIDENCY OF THE BRAZOS VALLEY 1301 MEMORIAL DRIVE, SUITE 200 BRYAN, TEXAS 77802 BRAZOS COUNTY C/O COMMISSIONERS COURT BRAZOS COUNTY COURTHOUSE 300 3. 26TH STREET, SUITE 114 BRYAN, TEXAS 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. i SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. ASSIGNABILITY t Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written • consent of the County, otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this 3JWday of Qexj2Os.L 2000 Brazos County By: ALV W J NES, dge ATTEST Family Pra ti Resi' envy of the ZOOe4VW'4'1- Brazos Val e L By: Tom , Pr dent B ;jag oa te, M. D Acting Program Director • A f SALARY AND RELATED FAMILY PRACTICE RESIDENCY OF THE BRAZOS VALLEY EXPENSES Faculty Supervision Base Salary & Taxes $125,000.00 Benefits 9,312.50 Resident Physicians Base Salary & Taxes 33,500.00 Benefits 3,985,00 Nurse/Interpretor Base Salary & Taxes 27,982 00 Benefits 2,64800 TOTAL EXPENSES $202,42750 Brazos County Contract S 55,000.00 Remaining Expenses $147,427.50 County funds are used to defray charity write offs: Charity write offs at FMC 1998-1999 $446,190.00 Charity write offs at FMC 1999-2000 $667,361.85 Enclosure (1) ,1-1 ~J CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS Brazos County, Texas and the Retired & Senior Volunteer Program, under the sponsorship of the Brazos County Community Council and hereinafter referred to as RSVP for the covenants and consideration herein expressed, mutually agree to the following terms and conditions: I. Brazos County, Texas agrees to pay the total sum of to RSVP in a single payment on or before March 31, 2000. All payments will be payable to the Retired Senior Volunteer Program and mailed to their current address: 305 S. Main Suite 100; Bryan, Texas 77803. II. .0 RSVP agrees to provide the service of its program to the citizens of Brazos County. There is not established any definite program of assignments; but, the number of volunteers and assignments can be changed throughout the term of this contract by agreement of all parties. RSVP does agree to address the mutual goals of RSVP and Brazos County, Texas by assisting with volunteer recruitment for: A. Volunteer tax preparation for residents of Brazos County. B. Volunteer service in public schools. C. Senior volunteers with the County Extension Quality of Life Committee. D. Senior volunteers assisting with library programs. E. Senior volunteers assisting with area youth activities. F. Senior volunteers assisting with county health department and clinics. G. Senior volunteers providing clerical support to county and city offices. The terms of this contract will be October 1, 2000 to September 30, 2001. III. Volunteer placements will be made as appropriate at volunteer workstations throughout the community. All workstations will have a signed Memorandum of Understanding on file with RSVP. IV. Any invention of literacy or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station and the Volunteer shall have the right to produce additional copies and distribute to the general public. Volunteer Station my consent to other uses by the Volunteer. . l V. Volunteers shall comply with all the rules and standards exercised by the employees in the department to which she or he is assigned. VI. The County Judge or his delegate shall have the authority to represent Brazos County and make whatever further agreements necessary to administer and effectuate the terms and conditions set forth herein. VII. The Volunteers will not receive any pay from a Volunteer Station for their services, they will not be considered an employee and this service will be considered as voluntary contribution to the betterment of the community and the public purpose of Brazos County. VIII. Since the Volunteer is not a party to this agreement, the Volunteer Station may require Volunteers who accept service to sign other instruments setting forth other terms and conditions between the Volunteer Station to amend or rescind this contract by mutual agreement. IN WITNESS WHEREOF, the parties to this agreement have set their hands for the above stated contract period, the I Z day of 2000. BRAZ OUNTY cetY C By Presid nt RETIRE SENIOR VO UNTEER PROGRAM BY: Lr' ~cI c" Proje re for BRAZOS LINTY, T BY: County Judge I • • FUNDING ADDENDUM The current Members of the Brazos County Public Health District do hereby agree to the following contributions for fiscal year 2001 commencing on October 1. 2000 and ending on 5.ptember 30. 2001 . ENTITY AMOUNT OF IN-KIND TOTAL PERCENT CONTRIBUTION CONTRIBUTION Brazos County $196,727 $203,034 $399,761 24.23% In all other respects the terms and conditions of that certain Cooperative Agreement dated September 26. 1995 are hereby confirmed, ratified and adopted. This document may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which constitute, collectively, one agreement. IN WITNESS WHEREOF, the parties hmlo have caused this Funding Addendum to be executed as the 3 day of i0expa tr, , 2000. ATTEST: BRAZOS COUNTY By: MARY AAN WARD, CountyCleric IVIN W. JONES, County Judge 3~- / pon O STATE OF TEXAS § COUNTY OF BRAZOS § CONTRACT FOR SERVICES BRAZOS BEAUTIFUL, INC. This is an Agreement by and between the COUNTY OF BRAZOS (hereinafter referred to as "COUNTY") and BRAZOS BEAUTIFUL, INC. (hereinafter referred to as "BRAZOS BEAUTIFUL"), a non-profit association for the improvement of Brazos County. WHEREAS, BRAZOS BEAUTIFUL is an educational volunteer organization dedicated to improving waste handling practices (i.e., recycling and the buying of recycled products) and improving litter control in Brazos County; and NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: 1. BRAZOS BEAUTIFUL shall provide services to the COUNTY as follows: a. Assist in coordination of Christmas tree recycling, telephone book recycling two times a year, distribution of the recycling directory to include the Citizen Collection Stations in rural Brazos County. b. Educate the community on the need for buying recycled products through the use of displays in the local schools, libraries, shopping malls, and wherever else requested. C. Organize and train area teachers on theimportance of litter abatement, recycling, buying of recycled products, maintain recycling boxes in area schools used as teaching aids and maintain a lending library to assist area teachers in teaching litter control and reuse practices. d. Promote all "Adopt Road Programs" in the county through a newsletter. 2. BRAZOS BEAUTIFUL will be funded by the COUNTY in the amount of Fifteen Thousand Dollars ($15,000.00) from the COUNTY 2000-2001 Fiscal Year funds to be used for salaries, rent, telephone and other operating expenses. 4- 01-0 1 • 3. BRAZOS BEAUTIFUL shall maintain fiscal records and supporting documentation in the form of canceled check, payroll records, invoices, and/or other documents required for all expenditures of funds made under this Agreement. 4. BRAZOS BEAUTIFUL shall submit a financial statement to COUNTY annually. 5. All notices and documentation required to be sent to COUNTY shall be forwarded to Alvin W. Jones, County Judge Brazos County Courthouse 300 East 26`" Street, Suite 114 Bryan, Texas 77803 6. It is understood and agreed that COUNTY's participation in BRAZOS BEAUTIFUL is limited to the contribution of funds. COUNTY, at no time, shall be liable or responsible for the acts of BRAZOS BEAUTIFUL, its agents or employees. BRAZOS BEAUTIFUL, at no time, shall be liable or responsible for the acts of BRAZOS COUNTY, its agents or employees. • 7. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reasons for such termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. SIGNED this 3 ¢o day of October, 2000. • BRAZOS BEAUTIFUL, INC. B.~ 01 Administrator 1&UAAUL,1j- Chairman of the Board BRAZOS COUNTY By: Cou'My Judge ATATE/ST: Mary Ann /a d, County Clerk -2- . 3 vwLi • 0 CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC (hereinafter "Provider"), located in 1720 Barak Lane, Bryan, Texas 77802, RECITALS- WHEREAS, the medical care of the County's poor and indigent has become a growing problem, and WHEREAS, the County recognizes that good medical care of pregnant women results in healthier babies and less costly medical expenses incurred for the child in the future by the parents and the Community, and WHEREAS, the Court is interested in promoting such care through the Provider, NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care TERM This contract shall continue in force and effect for a term of twelve (12) months commencing on the I st day of October, 2000 and terminating 30th day of September, 2001 CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination. interviews, lab work, physical exams, educational information and medicine as needed (herein "Services") USE OF COUNTY FUNDS ~l Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of the Director of Provider and the salaries of other staff as described in Enclosure (1) attached hereto and made a part hereof for all purposes The County and Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to qualified applicants and that 110% all ~1 I J1 J • E the funding of salaries for the trained personnel of Provider is designed to accomplish that goal. COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the salaries as stated on Exhibit "A" up to a maximum of Seventy Thousand and No/100 Dollars ($70,000.00) for the term of this Contract This sum shall be paid upon the following dates and in the following amounts. December 15, 2000 $17,500.00 March 15, 2001 $17,500.00 June 15, 2001 $17,50000 September 15, 2001 $17,50000 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract 1 All necessary application forms to potentially eligible individuals 2 Obtaining and compiling information on each applicant for Providers Services with regard to residency and financial qualifications 3 Maintaining this Contract 4. Providing of the Provider's Services. 5 Maintaining data files on clients and the Services provided thereto. 6 Respond to all and any inquiries by the County regarding the Clinic and its Services 7 Assist the County with information needed for audit purposes. 8 Provide the County with quarterly financial statements. 9. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provide financial statements evidencing how County funds are spent Such statements 2 i I to be submitted to County one weep prior to the funding dates set forth herein above 11. Provide the Court with statistics evidencing the number of Brazos County residents using the Providers Services and the percentage Brazos County residents comprise of the total population using Provider's Services RESPONSWATY OF COUNTY The County shall be responsible for the following duties and requirements I Provide County funds for the payment of the consideration stated herein 2 Conduct a review of the Providers performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided These records shall be made available for inspection and audit by the County, if it so desires DISCRIMINATION The Provider shall not discnrrunate against any employee or applicant for employment because of race, color, religion, sex, or national origin The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin Such action shall include, but not be limited to, the following. employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rated of pay or other forms of compensation, and selection for training, including apprenticeship The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto i I I a2 ~ 3 I I I~ r, i 7 fi c u INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may anse due to the duties and obligations contracted for herein. COUNTYINVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest direct or indirect, in this Contract GOVERNING LAS! This Agreement shall be executed in and shall be governed by the laws of the State of Texas NOTICES All notices required to be given hereunder shall be deemed to be duly given by del;vering such notice or by mailing it, registered mail to the other party at the following addresses- • BRAZOS MATERNAL. & CHILD HEALTH CLINIC, INC. „ 3 3 '7V J mac- 4.4- ~ BRYAN, TEXAS 77802 BRAZOS COUNTY C/O COMMISSIONERS COURT BRAZOS COUNTY COURTHOUSE 300 E. 26TH Street, Suite 114 BRYAN, TEXAS 77803 • 4 %aft i Brazos Maternal & Child Health Clnc By STEVE KORAN, Executive Director FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement, SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to ' be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County, otherwise, this Contract is not assignable by the Provider without the prior written consent of the County DATED this rAay of d>&mssA., , 2000 Brazos County n/-- ALVIN W JONE , Judge ATTEST- I By . aJ A-- Gary Badger, DDS, President I 5 l 1 i I i r t 4 N • 1 SALARY AND RELATED EMPLOYER EXPENSES Executive Director Base Salary $52,000.00 Benefits 1,127.52 Billing Clerk Base Salary 19,760 00 Benefits 2,14260 Receptionist Base Salary 12,000 00 Benefits 2,14260 TOTAL EXPENSES $89,650.72 • Brazos County Contract $70,00000 Remaining Expenses $19,650.72 6 THE PRENATAL CLINIC Proposed 2001 Budget Estimated Budget INCOME 12131/00 2001 Contributions Donations 22.500 22,500 Astin Trust 4,500 4,500 Special Events TOPS Luncheon 26,335 27,500 Direct Mad 5,000 5,000 Program Fees Medicaid 130,000 125,000 TDH-Title V 91,705 91,705 GoVment Funding Brazos County 60,000 70,000 CDBG 0 22,000 CHEF Grant 11,886 0 County Indigent 4,500 5,000 Other St Joseph 4,000 4,000 United Way 19,515 27,000 Interest 4,300 4,300 TAMU Stipend 2,200 2.200 Misc Income 100 100 TOTAL 386,541 410,805, i i A41 334 Estimated Budget EXPENSE 12131/00 2001 Salariest8enefits Wages/Taxes 277,152 279,250 Benefits 17,869 17,500 Cont Educ 5,000 5.000 Insurance Workman's Comp 3,311 3,311 Premises/Auto 913 913 Professional 705 705 Directors/Officers 1,750 1,750 Professional Fees DHS Worker 8.000 8,000 Auditor 4,550 4,550 Medical Direct Aid 30,000 32,000 Med Equipment 1,000 1,000 Medical Supplies 16,000 18,000 Office Gen Supplies 2,500 3,000 Postage 1,200 1.500 Printing/Copier 3,850 4,000 Utilities 4,800 5,000 Telephone 5,000 5,000 Maint/Software 3,600 3,600 Maintenance 4,000 4,000 Pt Education 3,500 5,000 Office Equip/Cap 1,000 1 000 Miscellaneous 1,500 1,500 Storage Facility 522 0 Fundraising 5,645 5,500 Transportation 2,600 2.500 TOTAL 405,967 413,579 Di (19,426) (2,774) . .r, c • Date: October 3. 200 On behalf of Brazos County, I hereby agree to contribute the amount of S 75.000 to MHMR Authority of Brazos Valley for their 2001 Fiscal Year budget. Payment will be made as follows: Lump Sum S 75.000.00 upon execution of this document. • Alvin . Jones County Judge Date MHMR AUTHORITY OF BRAZOS VALLEY P. O. BOX 4588 BRYAN, TEXAS 77805 0 337 *a~ LEASE AGREEMENT This lease Agreement is made and entered into this first day of October, 2000, by and between FRED KELLER of Brazos County, herein called "Lessor," and BRAZOS COUNTY, TEXAS, herein called "Lessee." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable considerations, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office Space (approximately 1,760 sq. ft.) in the building located at 8991 East Highway 21, Bryan, Texas 77808, to include water and sewer along with restrooms. It will also provide handicap access. TERM The term of this lease shall be for a period of one year, commencing October 1, 2000 and ending on September 30, 2001. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of $750.00 (Seven Hundred Fifty Dollars) per month on the first of each month. USE OF PREMISES The leased premise shall be used only as an office and Lessee shall not permit the leased premises or any part thereof to be used for: (a)the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (ti)the creation or maintenance of a public nuisance; (c)anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d)any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by Lessee. 335 i t it • INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, free and harmless from any and all liability for injury to, or death of, any person, including employees of Lessee, or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of Lessee provided that nothing in this agreement shall expand or enlarge the liability of Lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND IMPROVEMENTS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. • I LESSOR REPAIRS Lessor shall, at his expense, be responsible for fresh water lines to the building. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of the building shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. Lessee shall keep the grass mowed and trimmed around the building. DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so -2- • 33 9 -woos i damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased premises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy, this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all buildings and improvements located thereon, are at the date of this lease, in good order, repair and a safe and clean condition. UTILITIES All charges for electricity, water and other utility services shall be paid by Lessee. IMPROVEMENTS PROPERTY OF LESSOR All alterations, changes, and improvements built, constructed or placed in the leased premises by Lessee, other than movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee, at the termination of the lease, shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor shall be void and shall, at the option of the Lessor, terminate the lease. -3- al I_ - 3q 0 a • LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complied with by Lessor, and such violation or failure continues for fifteen (1S) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BY LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. CJ HOLD OVER At the expiration of this lease, should Lessee hold over for any reason whatsoever, it is hereby agreed that, in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now on the leased premises by Lessor. RIGHT OF INSPECTION Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all buildings and improvements thereon, provided, however, that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. -4- • NOTICES t Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Fred Keller, at 8032 East State Highway 21, Bryan, Texas 77808; addressed to Lessee, Brazos County, 300 East 26' Street, Bryan, Texas 77803-5317, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct Three (3) of Brazos County. LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions in the above heading under "Notices," all rent payable under this lease shall be paid to Lessor at 8032 East State Highway 21, Bryan, Texas 77808. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such relief as may be granted, to a reasonable sum as and for his attorney's fees in such litigation. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. LEGAL CONSTRUCTION In case any one or more of the provisions contained in the agreement shall for any reason be -5- ,Vol F - t i a a c i held to be invalid, illegal or unenforceable, it shall not affect any other provision thereof and this • agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duty executed by the parties hereto. LESSOR: FRED KELLER By: LESSEE: BRAZOS COUNTY ATTEST: By: Alvin W. Jones, County Judge Mary Ann Ward, County Clerk 101 211 Dana& 543 r BUILDING LEASE.AGBEEMENT THIS LEASE AGREEMENT is entered into this 15th of September. 2000 by and between LUCILLE VARISCO AND ESTATE OF BRAZOS A. VARISCO ("Lessor") and _ BRAZOS COUNTY and the BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT ("Lessee"). NITNESSETH: 1. PREMISES. For and in consideration of the rental to be paid and the covenants to be performed by Lessee hereunder, Lessor hereby leases, demises and lets to Lessee the Premises known as Old City National Bank Building situated at 301 North Main Street , Bryan, Brazos County, Texas, being space commonly known as auoroxima_tely 6,616 sauare_feet of building space at 301 N. Main St. (the "Premises") upon the following terms and conditions. 2. TERM. Unless terminated as provided herein, this Lease shall be for a term of one year(s), "Primary Term" commencing on October 1. 2000 . and ending on September 30, 2001 , unless earlier terminated, and upon and subject to the covenants, agreements, terms, provisions, and limitations hereinafter set forth, all of which the Lessee and Lessor covenant and agree to perform and observe. 3. RENTAL. Lessee shall pay to Lessor at their office at 219 North Main St., Bryan, Texas, as rental during the Primary Term of this Lease, unless earlier terminated pursuant to the terms hereof, the total sum of $16.200.00 Sixteen Thousand Two-Hun_dred and no/100 -------------------------------Dollars payable in equal installments of $ 1.350.00 per month in advance on the first day of each month during the term of this Lease beginning on October 1. 2000 4. ADVANCE DEPOSIT. Lessee shall, on execution of this Lease, pay to Lessor the sum of N/A , receipt of which is hereby acknowledged as an advance deposit. This advance deposit will be refunded on the expiration of the Lease provided that the premises are left in as good or better condition when leased and any and all damage is repaired to the satisfaction of the Owners. 5. USE and TITLE. Lessee shall have the right to use the Premises for tj& purpose of operating the Academy for the Rehabilitation and Motivation of Youth (ARMY). Lessee shall promptly comply with all regulations, orders, ordinances and laws of legally constituted authorities applicable to the use and occupancy of the Premises. Lessor warrants and represents to Lessee that Lessor has full right and lawful authority to enter into this Lease. Lessor makes no warranty as to the validity of the Lease under applicable governmental regulations for the use intended by Lessee hereunder. Lessee shall have and hold quiet and peaceable use and possession of the premises during the entire Lease term so long as Lessee is not in default hereunder. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be enforced, pertaining to the Premises, occasioned by or affecting the use thereof by Lessee, including but not necessarily limited to the use, storage, and/or disposal of materials classified as hazardous, toxic, flammable or otherwise dangerous to the environment. Lessee further agrees to comply with all statutes, ordinances, and/or regulations governing the use, storage and/or disposal of such hazardous, toxic, flammable or environmentally dangerous materials as promulgated by federal, state or local authorities. 6. MAINTENANCE and REPAIRS. Lessee agrees, at its own expense, to fully maintain the Premises and appurtenances thereto in good repair, and in at least as good condition as that in which they were delivered. Lessor will not be required to perform repairs or any maintenance whatsoever. No alterations may be made without first obtaining Lessor's written consent thereto. 7. UTILITIES. Lessee further agrees to furnish, while occupying such premises, all utilities (water, lights, air conditioning and heat) and janitorial services and any other maintenance required. COP%, i i i n r. i `x 8. COVENANT AGAINST LIENS. If, because of any act or omission of Lessee, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against Lessor or against the Premises or any portion thereof, Lessee shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Lessor to Lessee of the filing thereof; and Lessee shall indemnify and hold harmless Lessor against and from all costs, liabilities, suits, penalties, claims and demands resulting therefrom, including reasonable fees of Lessor's attorneys. 9. FIXTURES. Lessee may, at its own cost and expense, install equipment, furniture and trade fixtures on the Leased Premises at any time and from time to time • during the term of this Lease. All such equipment, furniture and trade fixtures shall remain the property of Lessee and may be removed by Lessee, at its own cost and expense, at any time before the termination of this Lease. Any personal property of Lessee affixed to the Premises in such a manner that their removal will substantially damage the Premises shall become a part of the Premises and be the property of Lessor unless Lessee repairs the damages caused by such removal. . 10. TAXES. Lessor covenants and agrees to pay all ad valorem taxes which accrue against the Premises during the Term of this Lease. Lessee shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises during the term of this Lease. If any such taxes are levied or assessed against Lessor or Lessor's property and (i) Lessor pays the same or if (ii) the assessed value of Lessor's property is increased by inclusion of such personal property and fixtures and Lessor pays the increased taxes, then, upon demand Lessee shall pay to Lessor the amount of such taxes. 11. INSURANCE. All insurance required to be maintained under the provisions of this Lease shall be written by insurer(s) authorized to write insurance in the State i of Texas. Such insurance may be maintained under blanket policies covering other buildings and contents operated by Lessee. 12. LIABILITY INSURANCE. At all times during the Lease term, Lessee shall maintain in force and effect, at its own cost and expense, a policy or policies of liability insurance for the protection, indemnification and defense of Lessee (with Lessor named as an additional insured) against claims, demands and cause of action arising out of or in connection with the use, maintenance, operation and occupancy of the Premises, which policy or policies shall have limits of not less than: $500,000 for injuries (including death) to one person, $1,000,000 for injuries (including death) to more than one person in one accident, and $1,000,000 for damages to property in one accident. Upon written request of Lessor, Lessee shall cause the insurer(s) to furnish to Lessor certificate(s) evidencing the insurance required to be maintained hereunder and stating that no policy change or cancellation will be made without giving ten (10) days' notice to Lessor or Lessor's designee. 13. SUBROGATION. Lessor and Lessee, and all parties claiming under them, hereby mutually release and discharge each other from all claims and liabilities arising from or caused by any hazard covered by insurance on the Premises, or covered by insurance in connection with property on or activities conducted on the Premises, regardless of the cause of the damage or loss. With respect to all such insurance which does not cover both Lessor and Lessee as the named insured, Lessor and Lessee agree to take promptly such action as may be required by their respective insurers so that all rights of subrogation against Lessor or Lessee under such insurance will be effectively waived by such insurers. 14.- INDEMNITY. Lessee agrees to indemnify and save Lessor harmless from and against all claims for or on account of damages to property or injuries (including death) to persons arising out of Lessee's use and occupancy of the Premises. Lessor shall not be liable to Lessee or any third party for any damage or injury (including death) to persons or property resulting from (a) the negligence of anyone other than Lessor, or the agents, servants or employees of Lessor, or (b) any unknown defect in the Premises or the improvements thereon, whether such defect be the result of improper construction, lack of maintenance or repair, improper maintenance or repair or (c) the breach of any condition, covenant or obligation of Lessee pursuant to the terms of the Lease arising or occurring after Lessee takes possession of the Premises. 15. DEFAULT BY LESSOR. In the event Lessor should default in the performance of any covenant or condition of this agreement and such default is not cured or action to cure such default is not initiated and diligently pursued to effect a cure within ten (10) days after service or written notice of default upon Lessor, Lessee shall have the right and option to terminate this Lease. 15.1 DEFAULT BY 1,19SEE. In the event (a) Lessee shall be declared bankrupt, be deemed in receivership, or take advantage of any law for the relief of debtors, or (b) if Lessee should default in the performance of any covenant or condition of this agreement ( including the payment of any rental installment due hereunder ) and such default is not cured or removed within ten (10) days after service or written notice of default upon Lessee, then, in any such events, Lessor shall have the right and option to terminate this Lease, to re-enter the Premises, to evict Lessee and to remove Lessee's possessions, all without being deemed guilty of any trespass, and without prejudice to any claim by Lessor for damages for breach of covenant or for arrears of rent. 16. HOLDING OVER. In the event Lessee, or anyone claiming under Lessee, continues to occupy the Premises after the last day of the Lease term, and the Lessor elects to accept rental thereafter, a tenancy from month to month shall be created at one and one half times the last monthly rental rate and upon the other terms and conditions existing on the last day of the Lease term as herein provided. 17. ENFORCEMENT. In the event either party resorts to judicial proceedings to enforce any right under this Lease or to obtain relief from the breach of any covenant hereof, the party ultimately prevailing in such proceedings shall be entitled to recover from the defaulting party the costs of such proceedings, including reasonable attorney's fees. 18. NOTICES,, Any notice required or permitted to be delivered hereunder shall be deemed to be delivered (i) whether or not actually received, three (3) days after being deposited in the United States Mail, aostage prepaid, certified or registered mail, return receipt requested, or (ii) when received, if delivered personally, addressed to Lessor or Lessee, as the case may be, at the address set forth herein or at such other address as such party may hereafter designate by notice to the other party. 19. ASSIGNMENT and SUBLETTING. Lessee shall have no right to assign this Lease, any interest in the Lease, nor to sublet any part of the Premises, or any right or privilege pertinent to the Lease or the Premises without the express, written consent of Lessor. 20. EXECUTION. This agreement is executed in multiple originals as of the day and year first written above and shall be binding upon and shall insure to the benefit of the parties hereto- and their respective heirs, successors, assigns and legal representatives. The paragraph captions used herein are for convenience only and shall not be deemed to have been included for any other purpose. 21. ENCUMBRANCE. TRANSFER and ATTORNMENT. Lessee shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the premises except as provided herein. In the event of the transfer and assignment by Lessor of its interest in this Lease to a person expressly assuming Lessor's obligations under this Lease, Lessor shall thereby be released from any further obligations hereunder, and Lessee agrees to look solely to such successor in interest of the Lessor for performance of such obligation. 22. SUCCESSORS IN INTEREST. The covenants herein contained shall, without altering the prohibition against assignment and subletting by Lessee without Lessor's prior consent set forth herein, apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. 23. OPTION TO RENEW. Provided Lessee has not defaulted in any of the terms, conditions, and provisions hereof, Lessee shall have the right of renewing and extending the term hereof for an additional period of N/A year(s) beginning on the expiration date of the primary terms of this lease and upon the terms, conditions, and rental payment as agreed to by both parties. In order to exercise this option, Lessee shall give to Lessor notice in writing, at the last known address of Lessor, not less than sixty (60) days prior to the expiration of the primary term. 24. NUISANCE. Lessee covenants that Lessee shall not suffer, permit, or allow the existence of any circumstances that constitutes a nuisance or unreasonably interferes with the safety, comfort or enjoyment of the Premises, or any property in close proximity to the Premises owned by other members of the general public. -3- Ci p . 4 • C-] E 25. LATE PAYMENT CHARGES For a late payment of rent, after a ten (10) day grace period from the date due, Lessee will be charged a late fee of up to ten per- cent (10X) of the monthly rent. 26. WAIVER. Lessor agrees to waive all prejudgment liens and lien rights. 27. JJM Time is of the essence of this Lease. 28. IN WITNESS WHEREOF, The said Lessor has hereunto set his, or its, hand and the said Lessee has hereunto set his, or its, hand the day and year first above written. LESSOR: LESSEE: LUCILLE VARISCO ! S A 0 BRAZOS COUNTY J UVENILE SERVICES DEPARTMENT R S AR SCO BY• • 001 BY: / e2 Cosmo F. Guido, General Manager Alvin H. Jones, un y' Judge TITLE: Coun ty Judge--- Brazos County ADDRESS: 219 North Maie St. 7th Floor HOME ADDRESS: _300 East 26th St.. Ste 114 Bryan, Texas 77803 -Bryan. Texas 77803 N ~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL TY.-) 1 kN lr_ AUGUST 2090 TKtAS FUND NUMBER & NAME UKtK J KCYUK CASH BALANCE I INCOMING INVESTED TEXPOOL SUB-TOTAL DISBURSED CASH BALANCE INVESTED CASH.ACCT.BAL. 07/31/2000 INTEREST - AUGUST 08/31/2000 08/31/2000 01- GENERAL FUND 20,358,426.07 1,499,696.75 43,033.72 21,901,156.54 3,233,793.20 18,667,363.34 15,809,913.51 2,857,449.83 02 - COUNTY HEALTH ENDOWMENT FUND 2,350,971.39 879.76 6,727.08 2,358,578.23 2,358,578.23 2,215,494.93 143,083.30 05 - HEALTH DEPARTMENT 475,090.62 98,547.76 - 573,638.38 94,204.30 479,434.08 - 479,434.08 12 • STATE LATERAL ROAD 49,525.66 - 172.54 49,698.20 41,328.43 8,369.77 5,929.12 2,440.65 15 - LAW LIBRARY 98,362.16 3,795.61 - 102,157.77 - 102,157.77 102,157.77 16 - APPELLATE 3UDiCIAL FUND 3,119.88 696.02 3,815.90 - 3,815.90 3,815.90 17 - ALTERNATIVE DISPUTE RESOLUTION 2,940.00 1,610.00 4,550.00 2,940.00 1,610.00 1,610.00 18 - LEOSE FUND 25,184.13 25,184.13 610.00 24,574.13 24,574.13 19 - COUNTY RECORDS MANAGEMENT 147,558.46 3,641.07 151,199,53 - 151,199.53 151,199.S3 20 -COUNTY CLERK MGMT.FUND 136,990.00 6,593.50 143,583.50 18,584.99 124,998.51 124,998.51 22 • COURTHOUSE SECURnY FUND 320,544,43 6,891,48 1,396.78 328,832.69 7,905.07 320,927.62 252,379.35 68,548.27 25 - SPECIAL FORFEITURE FUND 1,913.55 11.84 1,925.39 1,925.39 - 90 7 1,925.39 08 475 1 28 • VOTER REGISTRATION 34,236.92 10.14 181.42 34,428.48 173.50 34,254,98 32,7 9. . , 50 127 6 29 • VlT INTEREST FUND 65,024.18 1,216.95 334.55 66,575.68 66,575.68 60,448.18 . , 436.27) 141 30 • COUNTY GRANTS (77,149.15) 120,966.61 43,817.46 185,253.73 (141,436.27) - , 187.11 184 31-M.P.O. RAIL STUDY 183,054.62 1,132.49 184,187.11 - 184,187.11 , 153.85 (75 32 • NARCOTICS TASK FORCE 713.76) (105, 87,703.52 - (18,010.24) 57,143.61 (75,153.85) 1 , 45 442 100 42 - M.S.J. EXPANSION 623,871.02 - 3,128.52 626,999.54 17,492.78 609,506.76 509,064.3 - . , 493.93 274 43 • COURTHOUSE IMPROVEMENT 274,181.21 1,693.71 - 275,874.93 1,381.00 274,493.93 267 13 , 99 958 169 45-GEN.PERMANENTIMPV. 2,664,457.40 31,149.90 2,695,607.30 126,381.18 2,569,226.12 . 2,399, 6 2 . , 58 886 42 48 - RIGHT OF WAY 658,953.98 263.69 3,430.03 662,647.70 662,647.70 619,7 1.1 45 733 . , 40) 066 (80 49 - CAPITAL ROADS - R&B 2,371,391.52 12,956.03 2,384,347.55 131,680,50 2,246,667.05 . 2,326, 44 0 . , 72) 728 19 50 - HEALTH & LIFE INSURANCE 1,494,996.46 251,639.27 7,534.76 1,754,170.49 465,618.77 1,288,551.72 . 1,308,28 . , 999.39 340 60 - PAYROLL 362,022.68 872,519.74 - 1,234,542.42 893,543.03 340,999.39 , 498.69 60 75 BAIL BOND BOARD FUND , • , • 60,353.41 r0,. 313.38 a . ' 60,716.19 0 228,10 t-•,. .284 19' 262 5 ? 60,498.69 913.28 365 30 , X25;540,0514; , _4,825,921,.W., i . k' , . oa f.=. r ACCTS.IN POOL 1. TTL.OF 132,580,306;85• 2,,99 991,033.19 + 78,895.43 ,235.47, 35,65 , . , , , . 15 41 - 41 • GEN.OBLIG.DEBT SVC. 2,353,427,83 246,922.60 5,654.13 2,606,004.56 460,195.21 2,145,809.35 2,145,768.20 . TOTAL 34,933,734.68 3,237,955.79 84,549.56 38,256,240.03 5,744,457.40 32,511,782.63 27,685,819.64 4,825,962.99 q~ai6~e r, on This report is submitted as true and correct to Commissioners Court by Brazos County Treasure v ;W- • io•3 FROM : TRIPLE D VICTORIA FAX NO. : 3615785290 Sep. 29 2000 12:57PM P4 TRIPLE D SECURITY CORP. THIS AGREEMENT, made this 28th. day of September. OO between Triple D Security Corp., 901 Profit Drive, Victoria, TX 77901 (hereinafter called 'Triple D') and BRAZOS COUNTY, BRYAN. TEXAS, hereinafter called the 'CUSTOMER'). WITNESSETH; For and in consideration of the mutual covenants and agreements and of the payments hereinafter mentioned, the parties hereto agree as follows: 1. Triple D agrees to call for and to receive from CUSTOMER, or its designated agent, and to receipt therefore, sealed or locked shipments containing currency, coin, checks, securities. and other valuables except cash letters (hereinafter called 'Property'), and to transport and deliver same in like condition, to the consignee designated by CUSTOMER, between points in, and in accordance with, , the following service and compensation Schedule, the charges in which are based on the liability assumed by Triple D pursuant to Paragraph 7 hereof. 2. The CUSTOMER and Triple D agree that all service performed for the CUSTOMER by Triple D in addition to service specified in this agreement and its exhibits, unless such service is performed pursuant to a separate written agreement between CUSTOMER and Triple D, shall be performed pursuant to the provisions, terms and conditions of this agreement and that the provisions, terns and conditions of this agreement shall determine the rights and obligations of the parties with respect to any such additional service in the same manner and to the same extent as if such service had been specified in this agreement. SCHEDULE • SERVICE FREQUENCY OF SERVICES- (DAYS OF WEEK) MAXIMUM LIABILITY PER SHIPMENT CHARGES Call At $250,000 A) Four Locations (See Exhibit B) Monday to Friday Exept during Tax I) $756.00 Per And immediate delivery before 12 00 penod (Dec To month plus B) Wells Fargo Bank, 3000, Briancnest Feb. & June), u,) $20 per extra Dr., Bryan, Texas, and or any other when value is stop designated County Depository during increased to a iii) 160 for every the term of the contract maximum of $1,000 over $1,000,000. $250,000 Attached hereto are properly executed amendment(s) to this contract as Exhibit(s) A, the terms and conditions of which are incorporated herein as if fully set out. Insofar as special provisions contained in said amendments hereto conflict with an of the provisions herein, such al provisions shall control. The above schedule shall be performed on Triple D's regular routes unless otherwise stipulated in Exhibit attached hereto 3 The CUSTOMER agrees it will cause all Property delivered into the care of Triple D to be securely sealed or locked and dearly labeled with the oonsignors and consignee's name and address, and that it will not conceal or misrepresent any material fact or circumstances concerning the Property delivered to Triple D pursuant to this agreement Triple D expressly prohibits the transport of any illegal materials or substances via its couriers or vehicles. Positive identification of any illegal material or substance in CUSTOMER'S property will result in termination of this agreement. 4. The CUSTOMER agrees to pay Triple D within thirty (30) days of presentation of periodic Invoices, the charges stated in the above schedule for the services stipulated therein and federal, state and local taxes. where applicable, shall be added to said charges. CUSTOMER agrees that CUSTOMER shall have no right of offset against Triple D's charges for services rendered. Triple D reserves the right to re-negotiate the service charges stated in this agreement, if. during the effective period of the contract as defined by Paragraph 5, Triple O's insurance costs increase by more than ZQ percent. Should the parties fail to reach an agreement after thirty (30) days, Triple D or CUSTOMER shall have the right to terminate the agreement upon written notice. 6. SUBJECT TO THE TERMS AND CONDITIONS ABOVE AND ON THE REVERSE SIDE HEREOF, service under this agreement shall commence on 1 October. 2000, and will be eNedive for a period of one calendar year with an option to renew for one additional year. VOL.- zj.~, :?A19 Are r~ FROM : TRIPLE D VICTORIA FAD( NO. : 36157135290 Sep. 29 2000 12: 56PM P3 6. No waiver by Triple D of any breach of any provision herein shall constitute a waiver any breach or of such provision All prior agreements between the parties or their predecessors pertaining to the services specified in the schedule on page 1 hereof are superseded by this agreement. 7. Triple O agrees to assume liability, as hereinafter limited, for any loos, damage or destruc ion of Property (hereinafter called 'loos') from the time it is received by Triple D until such time as it is delivered to the consignee designated by the CUSTOMER to receive same or In the event of non-delivery. until its return to the CUSTOMER, but Triple D does not assume liability for Property while in safe(s) on the CUSTOMER'S premises. The sole liability of Triple D in the event of loss from whatever cause, except as hereinafter further limited, shall be payment to the CUSTOMER of the declared value as appears on the shipping document, which sum shall not exceed the maximum amount set forth in the schedule on page I of this contract for the designated shipment The CUSTOMER agrees with Triple O that in the event of loss, it will cooperate to the fullest extent to which it ►s capable in reconstructing checks constituting a part of said loss and as to said checks. Triple D's liability except as limited herein above shall be the payment to the CUSTOMER of- (a) Reasonable costs necessary to reconstruct the checks plus where the checks are reconstructed, any necessary costs because of stop-payment procedures, (b) The face value of checks which cannot be reconstructed. It is understood and agreed by the parties to this agreement that the words 'reoonstruct,' *reconstructed.' and 'reconstruction' shall mean to identify the only to the extent of determining the face amount of said checks and the identity of the maker or the endorser of each. It is further understood and agreed that the word 'shipment" wherever used in this agreement shall mean a single consignment of one or more items of property from one shipper at one time at one address to one consignee at one destination address 6. The CUSTOMER agrees to notify Triple D in writing of any claim for loss within twenty-four (24) hours after loss ►s discovered or, should have been discovered ►n the exercise of due care and, ►n any event, within forty- five (45) days after delivery to Triple D of the property in connection with which the claim is asserted, and unless such notice shall have been given, such claim shall be deemed waived. Triple D shall not be liable in any action brought to enforce a claim unless such action is commenced within two (2) years after the date written notice is given to the claimant that Triple D has disallowed the claim ►n whole or in part. The CUSTOMER further agrees to furnish proof of loss in a form satisfactory to Triple D or its insurer and promptly assist Triple D or Its insurer ►n all ways pertaining to recovery of said loss Upon payment of loss hereunder, Triple D or its insurance company shall be subrogated to all the CUSTOMER'S rights and remedies of recovery therefore 9 Triple D agrees to cover with insurance the liability assumed in Paragraph 7 and a certificate of such insurance will be furnished to the CUSTOMER upon written request. For the protection of CUSTOMER in view of the liability assumed in Paragraph 7. CUSTOMER or Triple D may cancel and terminate this agreement upon thirty (30)days written notice ►n the event Triple D's cargo insurance shall be either canceled or substantially altered or Triple D's insurance underwriter shall notify Triple D of its intention to cancel or substantially alter Triple D's cargo insurance 10. Notwithstanding the stated term of this contract, it is understood and agreed that this is a personal service contract and the continuation of this agreement for the services to be performed by Triple D hereunder Is contingent upon the Satisfactory performance of such services. CUSTOMER shall have the right from time to time to review and evaluate the performance of Triple D in the furnishing of services required by this contract and shall notify Triple D in writing of any deficiencies in the performance of such services in the event Triple D shall fail to correct such deficiencies to the satisfaction of CUSTOMER w►th►n thirty (30) days of receipt by Triple D of such notice, CUSTOMER shall have the right without further notice to terminate this agreement 11. Notwithstanding any other provisions of this agreement, it is agreed Triple 0 shall not be liable for any loss caused by or resulting from. (a) (1) Hostile or war-like action in time of peace or war. including action in hindering, combating: or defending against an actual. impending or expected attack, (a) by any Government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air force, or (b) by Military, Naval and Air Forces, or by any agent of any such Government, power, authority or forces. (2) Any weapon of war employing an atomic fission or radioactive force whether in time of peace or . ~pp~ 3 • FROM TRIPLE D VICTORIA FAX NO. 3615785290 Sep. 29 2000 12:55PM P2 war. (3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure or destruction tinder quarantine or customs regulations, or confiscation by order of any Government or public authority; or risks of contraband or illegal transportation or trade. (4) Nuclear reaction or nuclear radiation or radioactive contamination; all whether controlled or uncontrolled, and whether controlled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by. contributed to, or aggravated by the peril(s) for which liability is assumed by Triple D. however, subject to the forgoing and to all other provisions of this contract, Triple D shall be liable for direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination. (b) Shortages Claimed in the contents of the sealed or locked shipments (c) Non-performance or delays; but Triple D agrees to be liable for the safety of any Property received into its possession at any time not to exceed the maximum amount stated in the schedule on page 1 hereof In addition, Triple D shall not be liable under any circumstances for consequential or incidental damages or losses (d) Triple D shall not be liable to CUSTOMER for failure to furnish any vehicle or render any service if prevented by wars, fires, strikes, or other labor troubles, acts of God, or other causes beyond its control, or where during the existence of any strike or labor disturbance Triple D determines that in its judgement the same may endanger the safety of CUSTOMER'S cargo or Triple D's vehicles or employees. (e) Breakage of statuary, marble, glassware, bric-a-brac, porcelains and similar fragile articles 12. See insurance requirements and indemnity agreement attached as addendum hereto, Exhibit A. l • IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. BRAZOS COUNTY By e~ -:4 . Titled t.t -~!t•,1 j,- ,l ! Triple ~rilty By Title- d EXK8FT A Septernber 2S, 2000 ADOENDIM TO TRIPLE D SECURITY CORPORATION SERVICE AGREEMENT Meurance Requlremonts and IndomnlnCation Aoremnord INSURANCE Ttlple O shalt maintain at Its sole coat and expense, throughout Ow amtlre tarn of this Agreem m policies of insurance issued by an Insurance company or companies aoonsed to do businana M the State of Texas and ofherwlse aooaptsbN to customer. VA%Ich policies shall provide for coverage of the kind and In the minimum amounts as follows: A. Workars compensation and employees Ilablnq coverage covering all parsons employed by Triple D. vMth limits of not less than $600.000, providing statutory booerlm for injuries. occupational diseases and death, and odwvhso complying In all respects with applicable law. EL Brood form ComprshonaNo gsnaral liability kwunanoe eoyvrage, wrMen on in -oceunonoe bawls, to N+duds addMwW covwano for rinks camnmx* rofarad to aw (1) promhum and oponwons. (7) pereanal wqury. (3) mobile equipment, (4) cerrbactual liabinly (aPoClr"ly M support of Triplo Os obligation undar paragraph 4 hereof). and (6) completed operstlorm with pen occurrence lM is of $1,000.000, and aggrogate Omits applicabW to all coverages or not Ions than $2.000.000. C. Automobile 0abewy lnsrranos ebverfge vAth s oombined ample One e/ coverage of not (sea (item SI A00.t100 for bodily Injuty and property damages O o TT ~ ~u~os ceverage on TApto M properpr to the o 1o of Ip fair mair at wake* wrh mid deducuble tabs for ft a 0 A&'M3 ~51 F0661 FROM TRIPLE D VICTORIA l 1 f I FAX NO. : 3615785290 Triple D Security Corp. Exhibit B 14 Sept 2000 Sep. 29 2000 12:55PM P1 Location Address i Brazos County Treasurer's Office 300, East 2C. Stree Suite 313 B an 2 Brazos County Adult probation Office 2Q2, East 27 Street, Suite 202 Bryan 2 Brazos County Justice of the Peace Pct.6, 100, Anderson College St ation 4 Brazos County Juvenile Justice Center 1904, West, Highway 21 Bryan No deliveries on: New Years Day Memorial Day July 0 These dates are subject to Labor Day change. Triple D will be Thanksgiving Day and advised in advance The following Friday . Christmas Eve Christmas Day and The following Day Good Friday Martir. Luther Kin Da The attached Customers Request for Quote dated September 6, 2000 constitutes part of this contract V11!~ ~J FROM :.TRIPLE D VICTORIA sECURi ADDENDUM TO CONTRACT FAX No. : 3615785290 13ETWEEN TRIPLE D SECURITY INC. AND BRAZOS COUNTY, BRYAN, TEXAS, SeP• 29 2000 12:57PM p5 The contract was made on 14 Sept 2000 for a total monthly charge of $756.00. An amendment was made to include the changed pick up time to service made to Brazos County Justice of the Peace, at Pct. 6, 100, Anderson, College Station. The time change caused an increase to the charge to $12.60 per day for just that location. The over-all monthly charge would now be $838.50. Date: is BRAZOS COUNTY By Title: Co v,v J~a4f, Triple D Security By Title JJ ja-tO- V Taoras Ucgnse • C•1948 ~i/:•~~. -~9~'~eF 3 3 ..man wpr.a,.ns1 unwanniffinvow (361) 578 Ml,'Fax: (361) 678.6290 P.O. Dan 2340 - V &gftip. Tosw 77062 Alarm Systems & Monitoring. Guard 8 Patrd Service. Armored ATM Service. CIT Services, Camera Systems f ~ I i. LX Office Solutions MAINTENANCE AGREEMENT I a c d { Brazos County District Attorney NAME 300 E. 26th St. Ste. 310 ADDRESS Bryan, TX 77803 409.367-4290 CITY STATE ZIP PHONE NUMBER rnl nnueuT I A11ATIr%k1 C(V IIDAACAIT I nrl DWr)MF All IAAAFR Ms. Becky Stephens CONTACT October 4, 2000 COVERAGE STARTING DATE METER READING Fnl IIPMFZMT I C)CATICIN CONTACT MODEL SERIAL NUMBER PRICE COPIES INCLUDED OVERAGE RATE SPECIAL INSTRUCTIONS NP6545 NJF06285 $657.01 72,000 $.006170 & over copies/yr. For third year of service, Maintenance Agreement rertoa uctooer w, zuuu to vctooer.), au I. wring. t, uiiw Refer to Purchase Order Number 419224 expiring on October 3, 2000. Please record meter reading on October 4, 2000. Kellion Johnson Ikon Office Solutions Representative fJ1111 f~ J Customer Authorized Sign lure Title r-. CZ fjeL'Aewj #W90874 - WYVDL 08/10100 IKO Office olutlons Authorized Signature Date x /~I 0 0 IKON OFFICE SOLUTIONS , i t t I EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS 1. This agreement shall remain in full force and effect for a 6 successive twelve month coverage period This agreement may be terminated by either party provided written notice is received thirty (30) days in advance Customer's obligation to pay all charges which have accrued shall survive any termination of this agreement. 2. Maintenance agreement charges are payable in advance based on the rate and specifications provided on the reverse Q, side of this sheet Overdue accounts will be charged a late payment fee of 1 112% per month or to the extent allowed by law. 3. Ikon Office Solutions shall provide service inspections at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. C~ J This agreement shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, fire, water, power failure or lightning strikes if power protection unit received by Ikon Office Solutions is not properly connected to equipment, unauthorized supplies or other casualty or to repairs made necessary by service personnel other than those of Ikon Office Solutions Charges for repairs or replacements due to the foregoing shall be borne by the customer. 7 This agreement does not include applicable taxes. All taxes levied or imposed, now or hereafter, by any governmental authority shall be paid by the customer, in accordance with the law 8 This agreement covers only the equipment and accessories attached to the equipment described on the reverse side 9. This agreement is not transferable by the customer except with the written consent of Ikon Office Solutions. 41 4, Ikon Office Solutions will provide, without charge, parts which have been broken or worn through normal use and are 10 This agreement (consisting of the face and reverse sides of necessary for servicing and maintenance adjustments. Parts this sheet) constitutes the entire agreement between the damaged by misuse or carelessness will be charged to the customer and Ikon Office Solutions, with respect to furnishing customer in accordance with the Ikon Office Solutions parts of the Ikon Office Solutions services. Ikon Office Solutions list Corporate office is 3019 Alvin Devane, Suite 400; Austin TX 78741. 5. All calls under this agreement will be made during normal business hours on the customer's premises at the address 11 Optimum performance of the equipment covered by this shown on the equipment described on the reverse side thereof agreement can be expected only if supplies provided by, or All calls made after normal working hours shall be charged for meeting the specifications of Ikon Office Solutions are used. labor (excluding parts) at current prevailing overtime rates. i~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM , Approved 12/ Denied O by Commissioners' Court Date: l0 - 3 - on . :2~ , Alvin . Jones, Co my Judge I* ai m 2a DEPARTMENT Road and Bridge NUMBER 65 0010 DATE OF COURT MEETING: _ October 03. 2000 ITEM: Request from Wellborn Special Utility District to construct water line installation in the right of way of Greens Prairie Road from Whites Creek Lane (private) for approximately 570 feet Site is located in Precinct 1 SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 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 Geotechrncal testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. 11. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVE Y. Ri rd F. Vance, P.E. Co issio a Tony Jones County Engineer Precinct 1 0000-126 , r • i- 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 (applicant) Well &YO SOD proposes to place a (type) RP " It (I f- within the right-of-way of (road) g ro i r ► In Brazos County, Texas as follows: The locaticn 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 be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. 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. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. • 5. 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. The line or lines will be constructed no less than twenty-four inches (240) 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. All sites will be barricaded during the construction period. Construction of this line will begin on or after they ay of R , 20=. Fim By: Title Add - We,1119orki, _Fy 17e)eer Phone: nnvl 1) 01 (D /n-l D Cl I q APPROVED BY COMMISSIONERS' COURT ON: /o -3-A.Q Date Alvin 'W. Jones, 66u- Judge /~2c T / lI • Cno~J o 9 - 26 - 2ood WWI 411 r 4 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL J ' 1 ! CONTRACTORS NOTE. SOUDINEST AOUILA PIPELINE CORPORATION HAS AN EVSTING 20' EASEMENT ACROSS THIS PROPERTY AND HAS GRANTED AN EASEMENT ALONG NITN ; GREENS PRAIRIE RANCH LIMITED TO LET NEUBORN SUD INSTALL THEIR WATER UNE WDIN THIS CASEMENT UNDER THE FOLLONINC C"TIONS: II! I CONTRACTOR WLL BE RESPO44&E FOR LOCATING ALL EMSTING PIPELINES NIRfIN THE EASEMENT BEFORE CONSTRUCTION BEGINS 7. THE WATERUNE SHALL BE INSTALLED AS CLOSE TO THE OUTSIDE EDGE' OF SAID EASEMENT AS POSSIBLE KITH A MINIMUM COWR OF 36. i 3 IMMEDIATELY UPON INSTALLING THE WATER UNE: THE AREA SHALL BE CLEANED UP AND THE SURFACE RESTORED AS CLOSE AS POSSIBLE ' TO ITS ORIGINAL CONDITION , I Awrlm- N ti / r . I! 4 IDENTIFICATION TAPE SHALL BE INSTALLED ON TOP OF THE WATER LINE SO THAT THE LINE CAN BE READILY LOCATED. S DURING INSTALLATION OF DIE WATER UNE ACROSS THIS PROPERTY THE CONTRACTOR SHALL INSTALL A 'TEE' IN THE WATER LINE AT A LOCATION AS DESIGNAAO BY MR. ROSS D. MARGRAVES, .!L OF GREENS PRAIRIE RANCH UMITEO - I wu V AMP `+;•''n'u;,,.•,',>'I',~i,a t;l:;" ,'u''~, , .,.tr.,`;''";'~'~~'•fi^,DRcENSPRAIRIEROAD; ..,'1+L•',~,n;r,nl•, ,;.:~"1J.',i': ;I' 4"+'t',k', ti.,~ t'' y~ A.~•, P' •~-'R.. F ,1 iir l .u•• 1 •t• ~Y r•,i .1, ~•p ,5 i~~ f T~ , GREENS PRAIRIE RANCH LIMITED ! 570 L ( Ir I r'+t 389.894 acres M I W r I',! ■ I! 1`f ~ l Il,i I 1,11 ! ~F. fir„ I ,'''i I •.1 i i i WI r r KENNETH WOLF I KENNETH WOLF 2.0 oan 32.7 acres I W!' HOY A. RICHARDS ! 24XIS Acres M r i I EVIFP `:Y i f'? I r ~ IorR ~ 1-h& S- C!8r~Usa Not tot 001119 WALL, WELLBORN ,awAUS--------- N ao n o SO tao - - - - - - SPECIAL UTILITY DISTRICT wr.. rw a wm 9° aware rma • rmw ■r • owe • Marom wart RN a m r rnur SOU[ /QT NNr'~ LYNr► Ar nAram/our prom wwrawrMwwnw r rr [ w u wa a w o.n D151RIBUffG1V 515 81 M IgCm ~J ,y'F'f . r rvlMra~i~ w lwo 1~ a 1~1/KCarAllrw/9.W 0 rt1~A Iowa wn.ew re .n uo~i~n w~i rAUrwr paw 11~aara Iwrrur - - - ww wmw ra., a arum =-.I- DRAW Or. BN ate 9-1-88 y►. art+ua r/sa]n= rt ,r ~ur un - "'r C1C Ol'r' W"" Or. of are r l-M MrA t- lawr/n ar• IN nv~o www r. wr. ""n° ® LAIN W"M OAR: 5-10-M aAAM ma oxa w 9RT w a• 7J MwN J I. • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 65 0010 DATE OF COURT MEETING: October 03. 2000 ITEM: Request from Wellbom Special Utility District to construct a road bore and parallel line installation in the rights of way of Graham Road and I&GN Road Site is located in Precinct 1. is SOURCE OF FUNDS: N/A I. PRESENTATION: A) No work will be permuted between front slope and/or back slope B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the nght-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 nght-of-way. D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test ahall 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: i SUBMITTED BY: APPROVE - Ric rd F. Vance, P.E. ComKhissi er ony Jones County Engineer Precinct 1 0000-127 Approved 63/ Denied ❑ by Commissioners' Court Date: In - ~3 -oo Alvin-W. Jones, C my Judge • 391 a~ ~.o.' 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 (applicant) Well born 9UJD r poses to place a (type) 1V 110- within the right-of-way of (road) r ~d in Brazos County, Texas as follows: Pe&s D.vE BoeE 614v10E2 Gs/1.s.VaO.~ iPD The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. 1 understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. 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. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The tine 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. The line or lines will be constructed no less than twenty-four inches (24") 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. All sites will be barricaded during the construction period. Construction of this line will begin on or after the _ day of .20-. Firm: O(bovn SL). By: tt gf Title: QVl r"t Address: - ~~Q (l born , I X ~1~$~/ Phone: qqq ~q0 9~ 7/ APPROVED BY COMMISSIONERS' COURT ON: /0-3-0~ Date Alvin W. Jones, C unty Judge a.~ea eier:ooo Q.A~ 45 ,(/orE_* An c r 'e• t!av 099 - 28- 20040 -21 pAgF w It THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL • • :ar r U i I 1 I~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 03.2000 ITEM: Request permission to enter Ed Burkhart's proper y located off Rabbit Lane for the ouroose of cleaning out the creek channel to allow water to drain from the roadway, Signed permission form is attached Site is located in Precinct 2 SOURCE OF FUNDS: N/A REQUIREMENT(S): RECOMMENDATION:- SUBMITTED BY: APPROVED BY: Richard F. Vance, E. Commissioner William S. Thornton County Engineer Precinct 2 0000-128 Approved O / Denied O by Commissioners' Court Date: Alvin W. Jones, County Judge I "won i • L BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM AMn W Jones County Judge Tony Jones Commissioner Pd I Wdlum S Thornton s Commissioner Pct 2 Randy Suns Commissioner Pct Carey Cauley Commissioner Pet 4 Date 9-25-00 1. LAND OWNER AND ADDRESS Mrs. Ed Burkhart 806 Dogwood Lane Bryan. Texas 77802 II. LOCATION OF WORK Rabbit Lane • 40 III. DESCRIPTION OF WORK TO BE DONE Permission to enter property for the purpose of cleaning out the creek channel for drainage purposes. IV. MAINTENANCE YES NO xxx IF YES, ESTIMATE FREOLIENCY OF MAINTENANCE P"er will be notified prior to maintenance) Richard F. Vance, P.E. County Engineer Right of Way Agent OWNER'S SIGNATUR DATE Q OD d i THIS PAGE LEFT BLANK INTENTIONALLY Vol .A PAGE 3&1 I