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HomeMy WebLinkAbout1989-09-05-1000AM-SpecialFILED FOR RECORD o DATE 8 -31 ~9 AT A J: O'CLOCK P M FRANK EO►tISK1E BR ZOS UN LERK By BRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING TUESDAY, SEPTEMBER 5, 1989, 10:00 A.M. 1. Invocation. 2. Pledge of Allegiance. 3. -Consider and take action on the approval of the minutes of the meeting held on August 14, 1989. 4. Consider and take action on Cooperative Agreement between the office of the Texas Attorney General and Brazos County in regard to the Masters Program. 5. Consider and take action on lease for office space for Justice of the Peace, Precinct 3. 6. Consider and take action on the City-County Public Health Agreement. 7. Consider and take action on Intergovernmental Agreement for maintenance of roads in Wixon Valley. 8. Consider and take action on Final Plat for The Quarter Horse Ranch Addition in Precinct 1. 9. Consider and take action on the award of the following bids and authorize the payment thereof: (a) Annual Fence Building Contract for the Road and Bridge Department (b) (c) 10. Consider 11. Consider 12. Executive 13. Consider 14. Adjourn. Patrol Cars for the Sheriff's Department Investigator Vehicle for the Sheriff's Department and take action on personnel change of status. and take action on payment of claims. a Session to discuss personnel 6252-17(2)(g). and take action on Executive Session. Vn';: V COMMISSIONERS' COURT SPECIAL MEETING ~I ~ SEPTEMBER 5, 1989 !i A special meeting of the Commissioners' Court of Brazos „County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, be ~ Y► , ginning at 10:00 a.m. on Tuesday, September 5, 1989, with the following members of 1;the Court present: R. J. Holmgreen, County Judge, Presiding; " Gary Norton, Commissioner of Precinct 1; f; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge ! Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office A. H. Winder County Engineer ,i Travis Nelson District Clerk Sandie Walker Treasurer Jim Beamer Sheriff's Office Elizabeth Sharp Bryan/College Station Eagle Ramiro Quintero Brazos County Resident Roy Barnes Mayor Wixon Valley Tommy Arhopolus Quarter Horse Ranch Subdivision f Wayne Holigan Horatio Criesman Co. ~i Commissioner Sims gave the invocation and led the pledge of i;allegiance. The Court next considered approval of the minutes of the ,.Commissioners' Court meeting held August 14, 1989. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration by the Court was the Cooperative Agreement between the Office of the Texas Attorney ' I General and Brazos County to administer a plan for child support ' ;enforcement in compliance with Title IV, Part D. of the federal Social Security Act. On motion by Commissioner Norton, seconded ' by Commissioner Sims, the Court voted unanimously to authorize :.the County Judge to execute the contract on behalf of Brazos ;County. A copy of the contract is attached hereto. The court next considered a lease agreement between Brazos 'County and Fred Keller of Brazos County for rental of office ! I • • • I II ~I j!space located on Rt 2 Box 130 to be used as an office for Justice ;'of the Peace for Precinct 3 of Brazos County. Term of the lease ivi ll be for a period of sixteen (16) months commencing on I ~II September 1, 1989 and ending on December 31, 1990. Brazos County ~ ,;agrees to pay to Fred Keller the sum of Three Hundred Dollars i1($300.00) per month. On motion by Commissioner Sims, seconded by 'Commissioner Wilcox, the Court voted unanimously to enter into i~ ;the lease agreement with Fred Keller for the period and amount ;stated above. A copy of the lease agreement is attached. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the City/County Public Health Contract between the City of Bryan, the City of College Station and Brazos County for the Brazos County Health ;Department. Term of the contract will be for one (1) year. A copy of the contract is attached hereto. The Court next considered entering into an agreement with the City of Wixon Valley for the limited maintenance of Wixon 'Road, Welch Road, Creek Shadows Drive and Cedar Oaks Drive. Maintenance will only be done upon the request of the Mayor of Wixon valley and only when Road and Bridge crews are in the area. Work will be limited to dragging the road surface and Wixon Valley will be billed $58.80 per trip. On motion by Commissioner I Sims, seconded by Commissioner Wilcox, the Court voted unanimously to enter into agreement with the City of Wixon Valley '1 ;for the limited maintenance of the afore mentioned roads. The Court next considered approval of the final plat of the Quarter Horse Ranch Addition in Precinct 1. Commissioners Norton and Sims noted that if the twenty acre tracts were ever sub- divided, the allowance for seventy foot right-of-ways and fifty foot set back lines would not leave sufficient acreage to 1. subdivide. Commissioner Wilcox stated the developer has the Ioption of restricting the size of the redevelopment of the lots. I Commissioner Norton asked for inclusion in the general notes on i the plat that subsequent re-subdivision by the developer be with (!the sole approval of the Commissioners Court and within one year 11of the filing of the plat. It was the consensus of the Court 16()4--PAGE .S93 ~1 :I II1 :t I ithat it be done as the tracts are sold. Commissioner Norton then asked that the word developer be deleted and replaced with the 'word future owner. Mr. Arhopolus then asked that the minimum size of re-subdivision of the tracts, three and one half acres, be included in the general notes. Holland Winder, County Engineer, stated that he had reviewed the plat and the roads were not to County specification but were ninety-five percent complete at this time. He also noted that the agreement between Mr. Arhopolus and the adjacent land owner for a temporary cul de sac had not been duly recorded in the County Clerk's office nor had the maintenance agreement for the roads been finalized. The County Engineer recommended acceptance upon meeting the conditions stated previously. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court unanimously approved the final plat of the Quarter Horse Ranch Addition in Precinct I. The Court next considered awarding the following bids: Bid No. 89-520 - Annual Fence Building Contract for the Road and Bridge Department On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to table consideration at this time. Bid No. 89-527 - Patrol cars for the Sheriff's Department Unit Total Qty• Description Price Price 6 4-door sedan with standard warranty $14,096 $84,576 Bid No. 89-528 - Investigator vehicle for the Sheriff's Department Qty. Description Price 1 4-door model $12,286.10 Jim Beamer, of the Sheriff's Department, informed the Court that Tom Light Chevrolet ;i submitted the only bids and recommended acceptance of those bids. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to accept the recommendation and award the ~I ii contracts to Tom Light Chevrolet. 1 ~v~-- .T • i; The Court proceeded to consider the change of status of the >llowing employees. NAME DEPARTMENT REASON Sandoval, R. Johnson, Rebecca Mann, Daniel Wentrcek, Kristy McCann, Jay Mills, Stephanie Williams, Bud Hanson, Janell Workman, Flora Lewis, Barbara Praytor, Kristine Parker, Karen Liu, Hsiao Greenlee, Susan Ramirez, Eddie Boyd, Phyllis Ortiz, Carmen Jimenez, Anne Dickey, Sheila Delaney, John McDonald, W. T. Coffman, Cheryl Kuder, Nancy Building/Yards County Clerk Co. Court at Law #1 Co. Court at Law #I Sheriff Office Co. Court at Law #1 Juvenile Services Juvenile Services County Clerk J.P. Pct. 4 P1. 2 Tax Office Tax Office Co. Court at Law #1 Tax Office Building/Yards District Clerk Sheriff Office Juvenile Services Juvenile Services 272nd Dist. Court 85th Dist. Court Jury Services Juvenile Services Resignation Resignation Resignation Resignation Resignation Resignation Termination New Employee New Employee New Employee New Emp P/T New Emp P/T New Emp P/T New Employee New Emp P/T Step Increase Step Increase Step Increase Promotion Salary Decrease Salary Decrease Merit Increase Promotion iOn motion by Commissioner Turner, seconded by Commissioner i .Norton, the Court voted unanimously to approve the changes as !submitted. The Court next considered the followin g Claim s as submitted 'by I the County Treasurer for payment: } ~ 10 General Fund----------------Claims 141166 thru 141325 i 20 Road & Bridge---------------Claims 141418 thru 141526 ,I 22 Road & Bridge II------------Claims 141326 thru 141341 30 Capital Projects & Improvements: Proposition I---------Claims 141342 thru 141343 40 Law Library-----------------Claims 141344 thru 141349 54 Health Department-----------Claims 141357 thru 141368 61 Health & Life Ins-----------Claims 141369 thru 70 Indigent Health Care--------Claims 141370 thru 141415 97 Narc. Traf. Task Force------Claims 141416 thru 141417 On motion by Commissioner Wilcox, seconded by Commissioner • ,Sims, the Court voted unanimously to approve the Claims as submitted. At 10:26 a.m.-the County Judge announced the meeting closed to the public so that the Court could meet in closed executive V' session to discuss personnel. is At 11:12 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Sims, seconded by I' i Commissioner Norton, the Court voted unanimously to approve the 1 request of the County Attorney to hire Spencer Giles at a group 6 step 2 level with a six month step increase. on motion by the V0 r-A E fr- Y 1ICounty Judge, seconded by Commissioner Sims, the Court voted ,!unanimously to deny the request of the Sheriff's Department. There being no further business to come before the Court, I Jthe meeting was adjourned. 'i f' i l {I 14 ~I 1 I ,I 'I . I 'I i The foregoing minutes have been examined and approved in open Court this the a~YAL day of , lgy-t, in Bryan, Brazos County, Texas. C ~ R. 161 Ilo mgreen • County Judge i Wa ter Wilcox- commissioner, Precinct Z r Nl ego n Turn /r Commissioner,'Precinct 4 ~ y t J1114, , 4~~) Gary N ton Comma loner, Precinct 1 Randy S s Commis oner, Precinct 3 Frank BorisIle County Clerk VOL PAGE i COOPERATIVE AGREEMENT FOR TITLE IV-D EXPEDITED PROCESS PROGRAM BETWEEN THE OFFICE OF THE TEXAS ATTORNEY GENERAL AND BRAZOS COUNTY, TEXAS STATE OF TEXAS F E COUNTY OF TRAVIS 4 SECTION 1. PARTIES This contract and agreement is made and entered into by and between the Office of the Attorney General of the State of Texas, hereinafter referred to as "Attorney General", and the County of Brazos, Texas, hereinafter referred to as "County". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to performance and accomplishment of the tasks hereinafter described. SECTION 2. CONTRACT PERIOD This contract shall commence September 1, 1989, and shall terminate August 31, 1990, unless terminated at an earlier date pursuant to the provisions of Section 15 of this contract. SECTION 3. ATTENDANT CIRCUMSTANCES Attorney General, as the state agency designated by Chapter 76 of the Texas Human Resources Code to administer a statewide plan for child support enforcement in compliance with Title IV, Part D, of the federal Social Security Act and the regulations promulgated thereunder, is interested in obtaining the performances contemplated of County by this contract as a means of meeting certain requirements of federal law pertaining to the administration of such'child support enforcement program. County is required by state law to implement certain measures relating to the use of masters in the adjudication of legal actions for child support and may partially satisfy,such requirements by rendering the performances contemplated of County by this contract. voL_~_pp,G.F T r SECTION 4. COUNTY PERFORMANCE A. GENERAL • County, in compliance with Subchapter D of Chapter 14 of the Texas Family Code, shall employ masters and other personnel as may be required and shall provide services necessary to assure the timely disposition of cases involving child support obligations, the establishment and enforcement of which are being conducted pursuant to Title IV, Part D, of the federal Social Security Act. The amount of time for which a master is employed pursuant to this agreement (i.e., full time, half time or quarter time) shall be devoted exclusively to the adjudication of the aforementioned child support cases. B. FEDERAL LAW It is expressly understood and agreed by the parties hereto that the performances rendered by County hereunder are for the purpose of effecting full compliance by the State of Texas with requirements for expedited processes required by Title IV, Part D, of the federal Social Security Act and the regulations promulgated thereunder. All performances by County hereunder shall be rendered so as to achieve full compliance with the requirements for the Expedited Process Program contained in Title IV, ?art D, of the federal Social Security Act and the rules and regulations promulgated thereunder. The parties understand and agree that the presiding judge of the administrative judicial region may appoint a master pursuant to Subchapter D of Chapter 14, Texas Family Code, to serve more than one county. County agrees that it shall be the employer of any and all masters, and any and all personnel, employed to carry out the terms of this contract for the following jurisdiction: Second Administrative Judicial Region. 0 C. ENUMERATED FUNCTIONS County shall perform such functions as may be necessary and appropriate to fulfill its obligations pursuant to Subsection A of this section including, but not limited to, the following enumerated functions with respect to the Expedited Process Program rendered hereunder: (1) paying the salaries and direct costs of masters who are appointed by the presiding judge of the administrative judicial region pursuant to Subchapter D of Chapter 14, Texas Family Code; - 2 - 5-f F (2) paying the salaries and direct costs of administrative assistants to the aforementioned masters; (3) providing office space, supplies, equipment and other personnel as may be required by a master to perform his or her official duties; and (4) preparing, maintaining and transmitting forms, records, reports and correspondence essential to the effective operation of this contract. SECTION 5. ATTORNEY GENERAL OBLIGATIONS A. REIMBURSEMENT OF ALLOWABLE COSTS In consideration of full and satisfactory performance hereunder, Attorney General shall reimburse the allowable expenses of County as identified under Attachment A, subject to the limitations set forth in Paragraphs 1 through 9 of Subsection B of this Section 5. B. LIMITATIONS ON REIMBURSEMENT 1. It is expressly understood and agreed by the parties hereto that any and all of Attorney General's obligations hereunder are contingent upon the existence of a State Plan for Child Support Enforcement approved by the federal Office of Child Support Enforcement providing for the statewide program of child support enforcement. In the event that such a State Plan should lapse or otherwise terminate, Attorney General shall promptly notify County of such fact in writing and Attorney General shall discontinue payment hereunder subsequent to County's receipt of such written notification. 2. Attorney General shall not be required to reimburse costs pursuant to Subsection A of this Section incurred before commencement of this contract or after termination of this contract. Additionally, Attorney General shall not be required to reimburse any salary or costs of a master or other personnel which is incurred before or after the term of appointment of that master by the presiding judge of the administrative judicial region. 3. Attorney General shall not be required to reimburse costs pursuant to Subsection A of this Section 5 incurred by County of a type not described by, or in excess of the total amounts identified for, the respective categories of cost specified by ' Attachment A to this contract, except as provided by the remainder of this Paragraph 3. County may transfer amounts between individual line items of Attachment A provided such transfers do - 3 - F 1--\ not result in a cumulative increase or decrease from the beginning of this contract in any such line item of more than three thousand dollars ($3,000.00) and provided further that County notifies Attorney General in the manner specified by Attorney General of such transfer prior to such transfer. The authority for County to make budget transfers as provided by the preceding sentence shall not be construed as authorizing any increase whatsoever in the total of all line items of Attachment A. Any change in Attachment A other than those provided by the second sentence of this Paragraph 3 shall be made pursuant to Section 16 of this contract. 4. Attorney General shall not be required to reimburse any costs incurred or performances rendered unless such costs are incurred and such performances are rendered strictly in accordance with the terms of this contract. 5. Attorney General shall not be liable pursuant to Subsection A of this Section for costs associated with travel and related expenses except as provided by Section 8 of this contract. 6. It is expressly understood and agreed by the parties hereto that the financial obligations of Attorney General are limited to and include no actions other than reimbursement of County's allowable expenses as described in paragraph C below. 7. Attorney General has the right to decline to reimburse any and all reports requesting reimbursement of costs which are submitted more than ninety (90) days after the calendar month for which such costs are incurred. 8. The purpose of this contract is to increase the funds of County available for the collection and enforcement of child support, and County shall not reduce the amount of funds provided for these purposes because of the availability of funds from this contract. In no case may funds reimbursed under this contract be used to pay the salary of a district or statutory county court judge. 9. The amount allocated in Att h ac ment A for equipment to be used by County to implement this contract may be claimed by County for reimbursement pursuant to this contract provided that: (a) Attorney General approves the specific purchase; (b) Any such expense is submitted by County and reimbursed by Attorney General in accordance with this Section 5; and (c) The equipment or residual value of the equipment is transferred to Attorney General when the equipment is no longer needed to carry out the work under this contract or when this contract is terminated, whichever event occurs first. - 4 - VOL PAGE o 101 T C. )MMOD FOR PRESENTING REQUESTS FOR REDMURSZKM OF ALLOWABLE COSTS 1. For each calendar month during the period of performance of this contract, County shall report to Attorney General costs incurred by County in accordance with the provisions of this contract not previously reported by County and uareimbursed which have accrued pursuant to Subsection A of this Section 5. County shall report to Attorney General in the manner and/or on the forms specified by Attorney General and shall provide such information and documentation as Attorney General may reasonably require. 2. County shall keep records as provided pursuant to Sections 7 and 11 of this contract in substantiation of such reports. 3. Attorney General agrees that reports received by Attorney General within fifteen (15) days after the end of the calendar month for which such reports are made shall be reviewed and either returned to County for correction or further information within ten (10) working days of receipt of such reports or processed and submitted to Comptroller for payment within fifteen (15) working days of receipt of such reports. 4. County shall refund within thirty (30) days to Attorney General, any sum of money which has been paid to County which Attorney General determines has resulted in an overpayment to County. County shall be solely responsible and liable for settlement of all'audit exceptions which may be taken by the United States Department of Health and Human Services (hereinafter "DHHS"). In the} event that Attorney General makes a settlement with DHHS pursuant to a determination by DHHS that certain of County's expenses are not-allowable under this contract or federal regulations, County will pay to Attorney•General the amounts so determined, provided that Attorney General shall give County timely notice of any such audit exceptions. Attorney General may deduct amounts payable by County to Attorney General pursuant to this paragraph from amounts reimbursable by Attorney General to County pursuant to Subsection C of this Section 5. 5.' Notwithstanding-any other provision of this contract, it is expressly -understood; and agreed by the, parties hereto that Attorney General may, •at its sole option and in its sole discretion, offset any' amounts not reimbursed or otherwise owing to County hereunder. against any amount owing but unpaid by County to Attorney General arising from this or any other obligation between} Attorney General and County. i 5 - VQ PAG x SECTION 6. ATTORNEY GEHBRAL OBLIGATION • Attorney General agrees to keep County informed in a timely manner of all changes or amendments to Attorney General policy or procedure, federal policy or procedure and changes or amendments to the Code of Federal Regulations which might affect the Expedited Process Program. SECTION 7. REPORTING AND RECORD KEEPING A. TIME RECORDS For all court masters and County personnel not devoted one hundred percent (1008) to the functions required under this contract, the County is required to keep continuous daily time records to be adequate to reflect the amount of time spent in processing cases reimbursable under this contract. The County is also required to maintain other records required by state and federal laws and regulations. B. RECORD RETENTION County shall maintain and retain for a period of three (3) years after the submission of the final expenditure report, or until all audit or litigation matters are resolved, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including records which will show the basis of the direct cost charges made. SECTION 8. TRAVEL The costs incurred for travel and related expenses shall not exceed the amount computed for such travel at the rates established by law for State of Texas employees in classified positions. Such costs also shall not exceed amounts equivalent to • County reimbursements for other County employees similarly situated. Expressly included in the term "travel" for the purposes of this contract shall be the cost for attendance by a master or administrative assistant of short-term seminars and/or workshops approved by Attorney General directly related to enhancement of such master's or administrative assistant's competencies to perform the functions contemplated by this contract. ~ a - 6 - 0 C'~ za (Q 03--- SECTION 9. MONITORING AND AUDITING I Attorney General will monitor and conduct fiscal and/or i program audits pursuant to state and federal laws and regulations I including, but not limited to, 45 C.F.R. Part 74, at reasonable times and provide consultative and technical assistance for the continuous development of the services contemplated by this agreement. County will grant access at reasonable times to all books and records to representatives of the United States ' Department of Health and Human Services, the Comptroller General of the United States, the State Comptroller of Public Accounts, and/or Attorney General for purposes of inspecting, monitoring, auditing or evaluating said materials. SECTION 10. ACKNOWLEDGMENT OF FUNDING County agrees to place in all literature describing its services covered under this contract prominent notices acknowledging the funding provided by the State of Texas and the federal Office of Child Support Enforcement to County and such notice shall also be placed in County's annual reports. SECTION 11. COMPLIANCE WITH OTHER REQUIREMENTS County shall perform its obligations hereunder in such manner so as to assure its compliance with federal and state law and so as to assure, with respect to County's performances hereunder, that Attorney General is fully and completely meeting obligations imposed by rules, regulations and law upon Attorney General in carrying out the program of child support enforcement pursuant to Subchapter D of Chapter 14 of the Texas Family Code and Title IV, Part D, of the federal Social Security Act. SECTION 12. EQUAL OPPORTUNITY County agrees that no person shall on the ground of race, color,' religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this contract. SECTION 13. INDEPENDENT CONTRACTOR _t is expressly understood and agreed by both parties hereto that Attorney General is contracting with County as an independent contractor. VOL i o -7- I i , It is further expressly understood and agreed that any master, and any other personnel, employed to carry out the terms of this contract is deemed to be an employee of County for purposes of retirement benefits, health insurance and any and all other purposes. SECTION 14. ATTACHMENT An attachment, entitled "Attachment A, Budget", is attached hereto and is hereby made a part of this contract. SECTION 15. TERMINATION A. DISCRETIONARY TERMINATION Either of the parties to this contract shall have the right, in such party's sole discretion and at its sole option, to terminate this contract by notifying the other party hereto in writing of such termination at least thirty (30) days prior to the effective date of such termination. Such notification of termination shall state the effective date of such termination. B. REQUIREMENT CHANGES In the event that state or federal law or other requirements as specified in Section 11 of this contract should be amended, judicially interpreted or otherwise changed so as to render the terms of this contract, on the part of either party hereto, substantially unreasonable or impossible, or if the parties should be unable to agree upon modifying amendments which would be needed because of such amendments, judicial interpretations or other changes to enable the substantial continuation of the services contemplated herein, then and in that event the parties shall be discharged from further obligation under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. C. REJECTION CHANGE Upon notification by County to Attorney General of County's 1 rejection of a change pursuant to the provisions of Subsection B 1 of Section 16 of this contract, this contract shall terminate without further action by either party, such termination to be effective as of the date County sends its written rejection. i t - 8 - VO V _PAGi a D. NONEXCLUSIVE REMEDY ' Notwithstanding any exercise by Attorney General of its rights or early termination pursuant to this Section 15, County shall not be relieved of any liability to Attorney General for damages due to Attorney General by virtue of any breach of this contract by County, or for amounts otherwise due Attorney General by County. Attorney General may withhold any payment to County until such time as the exact amount due to Attorney General from County is agreed upon or is otherwise determined. SECTION 16. CHANGES AND AMENDMENTS A. CHANGES IN LAW Any alterations, additions or deletions to the terms of this contract which are required by changes in state or federal law are automatically incorporated into this contract without written amendment hereto, and shall be effective on the date designated by such state or federal law or other requirement, unless this contract has been terminated prior to such date through operation of Subsection B of Section 15 of this contract or has been otherwise terminated. B. CHANGES BY ATTORNEY GENERAL It is understood and agreed by the parties hereto that this contract must at all times be in compliance with state and federal law and that changes, interpretations and clarifications of such state and federal law and other requirements made by the United States Department of Health and Human Services during the contract period will have the effect of qualifying the terms of this contract. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that this contract may be amended in the following manner. Attorney General shall have the right to propose amendments hereto from Attorney General to County. Attorney General must furnish County writtan notification of all amendments made pursuant to this Subsection B. Upon such notification by Attorney General to County, an amendment proposed pursuant to this Subsection B shall be deemed accepted and effective immediately upon receipt by County, unless County notifies Attorney General within two (2) weeks of such receipt of its rejection of the proposed amendment, in'which case this contract will terminate in accordance with the provisions of Subsection C of Section. 15 of this contract. Upon County's acceptance of the proposed amendment, such amendment becomes binding upon County and Attorney General, as if written in this contract. 9 - ' VOL V PAGE o ~ ~~1 s C. CONVENTIONAL AMENDMENT • SECTION 17. ORAL AND WRITTEN AGREEMENTS All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. SECTION 18. VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit brought for any breach of this agreement is fixed in any court of competent jurisdiction in Travis County, Texas, and all payments shall be due and payable in Travis County.' • i Except as specifically provided otherwise by this Section 16, any alterations, additions or deletions to the terms of this J contract shall be by amendment hereto in writing and executed by both parties to this contract. i I WITNESS OUR HANDS EFFECTIVE THE FIRST DAY OF SEP EMBER 1, 1989. r HAR~ION LISNOW S EXECUTIVE ASSISTANT FOR ADMINISTRATION FOR THE HONORABLE JIM MATTOX ATTORNEY GENERAL OF TEXAS THE H NORABLE COUNTY JUDGE BRAZOS COUNTY STATE OF TEXAS I 10 - VO ✓ PAQ- E Q T 1 Y ~ ATTACHMENT A, BUDGET BRAZOS COUNTY COOPERATIVE AGREEMENT Contract Period from September 1, 1989, to August 31, 1990. Master's Salary $55,000.00 Master's Fringe Benefits* 11,550.00 Administrative Assistant's Salary 23,000.00 Administrative Assistant's Fringe Benefits* 4,830.00 Court Reporter Expense 3,000.00 Travel for Master and Administrative Assistant 7,000.00 Tape Recorder and Microphones 500.00 Cassette Tapes 1,000.00 Office Supplies for Master and Administrative Assistant 300.00 TOTAL $106,180.00 *=FICA, Retirement, Health Insurance VOL V PAS 0f 1 LEASE AGREEMENT This lease Agreement is made and entered into this day of September, 1989 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 consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 1760 sq. ft.) in the building located on Rt 2 Box 130 4 1/2 miles from Highway 6 bypass on left just past Moore Petroleum to include water and sewer along with restroom. It will also provide handicap access. TERM • The term of this lease shall be for a period of sixteen months (16) commencing on September 1, 1989 and ending on December 31, 1990. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of three hundred dollars ($300.00) per month on the first of each month. USE OF PREMISES lei The leased premise shall be used only as an office and i. Lessee shall not permit the leased premises or any part thereof to be use for: (a) the conduct of any offensive, noisy, or ~f VC) ° I j; K--V PAG". . - .P! T 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. INDEMNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, fee 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. vo PAGE_ ~O 2 T • LESSOR REPAIRS Lessor shall, after notice and at his expense, make all roof, floor (other than surface material), pavement, electrical, plumbing, air-condition, heating, structural repairs and replacements, including but not limited to those required by public authorities, all repairs and replacements to and painting of the exterior walls, (outside doors and overhead doors are considered as outside walls). Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them within a reasonable time, Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings 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. ,t I 4 3 VOL-V PAG, E--I// -'o I . I 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 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 building and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. V0 L PA0 E 4 F t .l 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 sh ll t be , a no 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. F1 VO L V_ ---PAGE 13 t ks t I' ~i E` Y 4 LESSEE'S RIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complies Ii with by Lessor, and such violation or failure continues for l fifteen (15) days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to y,l perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BE 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. 6 I Y 401 • - .01 RIGHT OF INSPECTION Lessor and his agents have the right-at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all building and improvements thereon; provided however that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either'party to this lease by the other 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 Rt 2 Box 131, Bryan, Texas 77803, addressed to Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, 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 he Justice of the Peace for Precinct Three (3) of Brazos County. 7 VOL V P'AG-F 6a- - i F J Y 1 LOCATION FOR RENT PAYMENT Unless changed by written notice pursuant to the provisions "i in the above heading under Notices, all rent payable under this fi lease shall be paid to Lessor at Rt 2 Box 131, Bryan, Texas 77806. 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 held to be invalid, illegal or i unenforceable it shall not affect any other provision thereof and this agrement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. S 4 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 f i 8 1 VOL I i r 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 duly executed by the parties hereto. OPTION TO RENEW • C Lessee may renew this lease for four (4) successive one-year terms by giving Lessor written notice of such renewal at least thirty (30) days prior to the expiration of the then current term. Each such renewal shall be upon the same terms and conditions. LESSOR: FRED KELLER By' ~ LESSEE: ATTEST:, BRAZOS COUNTY By : oh w BRAZOS COUNTY BRYAN. TEXAS THE STATE OF TEXAS COUNTY OF BRAZOS INTERGOVERNMENTAL AGREEMENT KNOWN ALL MEN BY THESE PRESENTS THAT: /A This Agreement, made and entered into this day of Oc , 1989, by and between BRAZOS COUNTY, TEXAS, a body polit c, hereinafter referred to as "County", and the City of Wixon Valley. W I T N E S S E T H: WHEREAS, the Interlocal Cooperation Act, V.A.C.S., Art. 4413 (32c) et seq., and V.A.C.S., Art 4434 authorized agreements of this nature; and WHEREAS, it would be in the best interest of the above referenced parties to participate in the maintenance of certain roads lying within the jurisdiction of the City of Wixon Valley; and WHEREAS, it is the intent of the parties hereto that Brazos County will be responsible for the limited maintenance of the following roads located inside the city limits of Wixon Valley: Wixon Road Welch Road Creek Shadows Drive Cedar Oaks Drive The City of Wixon Valley and Brazos County agree as follows: 1. The afore mentioned four (4) roads will be bladed by County graders upon the request of the Mayor of Wixon Valley. 2. The timing of maintenance work to be done will be at the discretion of the County. Generally this will be at a time the graders are next in the vicinity of the City of Wixon Valley. 3. Specifically excluded in this maintenance agreement are: culvert installation, additional gravel, mowing right-of-way, clearing right-of-way and maintaining culverts and channels. (J 5. Q~ 6. 'O The City of Wixon Valley will reimburse the County of Brazos for the expenses incurred in furnishing said grader service at a rate of FIFTY-EIGHT DOLLARS AND EIGHTY CENTS ($58.80) per trip. The County will submit a bill to the City of Wixon Valley each month that work is performed and the City of Wixon Valley shall pay said bill within fifteen (15) days of the date on which the bill is submitted. This agreement shall be in full force and effect for a term of two (2) years from the date of the execution of this agreement, subject to amendments pursuant to Section 7 of this agreement or until sooner terminated with the consent of both parties. • . • • 7. This agreement may be amended at any time with the approval of both parties. IN WITNESS WHEREOF, the parties hereunto have caused their rg,Apective names and seals to be affixed hereto, as of the day herednabove set forth. ;~•'ATTEST:•;'%r'; BRAZOS COUNTY, TEXAS J By: /z- ~41 '4"44 4(" :•n = J dge J. Ho een AT.TES~!r`'CITY OF WIXON VALLEY By: A21'4" J~5'2'~ Roy Ba es, Mayor von -V PAGE 4 t - CITY-COUNTY PUBLIC HEALTH AGREEMENT THE STATE OF TEXAS COUNTY OF BRAZOS ( KNOW ALL MEN BY THESE ( PRESENT: WHEREAS, the City of Bryan, the City of College Station and Brazos County, have created an administrative agency named the Brazos County Health Department for the public purpose and objective of administering and enforcing all federal and state health laws and city health ordinances in the respective jurisdictions of each of the participating governmental entities; and WHEREAS, Article 4413(32c), V.A.T.C.S., authorizes intergovernmental contracting at the local level including contracts between counties and cities; and WHEREAS, the City of Bryan, the City of College Station and Brazos County, subject to the limitations set forth herein, intend to share in the cost on a percentage basis with the County to collect and disburse the funds; NOW, THEREFORE, THE UNDERSIGNED MUTUALLY AGREE AS FOLLOWS: 1. That the matters set forth in the preamble are true and correct and are made a part of this agreement. 2. In consideration of the benefits to be received by the City of Bryan, the City of College Station, and Brazos County, by reason of the joint venture, the parties herein agree to pay, and Brazos County agrees to collect and disburse funds for the operation of the Brazos County Health Department, Fiscal Year October 1, 1989 - September 30, 1990, on the following pro rata basis: Amount Percent City of Bryan $157,426 358 City of College Station 63,822 148 Brazos County 110,625 258 Public Health Training 105,000 248 Unencumbered 88-89 Funds 10,000 28 Total $446,873 1008 1P ~s - t _ A v 3. This contract is for a period of one year and all payments shall be made from current revenues of each of the parties. Payments shall be made • by the City of College Station and the City of Bryan to Brazos County at the Brazos County Courthouse prior to the tenth day of each month with each monthly share representing one-twelfth (1/12) of the respective total share of the cities. If credit is due any of the parties, Brazos County shall make the necessary reimbursement no later than the end of the first (1st) quarter of the next fiscal contract year. Reimbursement due to overpayment shall be made in the amount overpaid by the entity. All non-encumbered funds at the close of the contract year shall be deposited into the Public Health Training Account (see Section 5) to be designated for use for Public Health Services mutually beneficial to each party. No appropriation of the money in this Agreement shall be made unless unanimously approved by the City of Bryan, the City of College Station and Brazos County. 4. The Brazos County Judge shall have the authority to make expenditures as budgeted. Authority for non-budgeted items shall come only from the approval of the governing board known as the Brazos County Board of Health. 5. f~ The Brazos County Health Department shall maintain records of all income and disbursements of the Public Health Training account. Such records shall be brought before the governing board each quarter for approval. No appropriation of money in this account shall be made unless unanimously approved by the governing board. 6. The Brazos County Health Department shall maintain records of usage of the facilities and services by the citizens of each city and citizens of the county who live outside the two cities. Such records shall be used to determine the percentage of costs to be charged to the participating entities for the following contract year. 7. The Brazos County Health Department will be under the supervision of the governing board consisting of one representative from each of the three participating governmental entities. 8. This contract can be renewed on an annual basis by resolution. Vn; 2 lei 9. The Director of the Brazos County Health Department shall submit financial and activity reports for both Health Department and Public Health Training accounts upon request by members of the governing board; but in no event shall such financial and activity reports be submitted less frequently than quarterly. The Director shall submit the annual financial and activity report no later than the close of the first quarter of the next fiscal year. 10. Brazos County agrees to procure and maintain public liability insurance in the amount of not less that $1,000,000.00, insuring against risks and claims arising out of the operation of the Health Department (except for professional liability claims against medical doctors, who shall provide their own professional liability insurance). The cost of liability insurance shall be included in the annual budget of the Brazos County Health Department. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as the 1st day of October, 1989. A TEST. CITY OF BRYAN BY lvz~ City Secre ary Mayor APPROV/D AS TO F RM: tR:ED AS TO SUBSTANCE: 1 - c (6L, City Attorney City Manager ATTEST: City Secre r CITY OF COLLEGE STATION BY I~-ter--- Mayor APPROVED AS )FOF?RM: APPROVED SUBSTANCE: City Attorney City Mana r AT~F~ST' ~ . i ~/L~L a4.L ~ County Clerk ` BRAZOS COUNTY BY fi!~~ 1-4LA14 11~~ Coun y udge 3