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HomeMy WebLinkAbout2003-04-15-6:30PM-RegularBRAZOS COUNTY BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT s THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, APRIL 15, 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 17: 3. Budget Amendment 02/03-22. 4. Personnel Changes of Status. 5. Authorizing payment of invoices incurred by the Jail Administration for food purchases made without purchase orders. 6. Authorizing payment of invoices incurred by various departments for fuel purchases made without purchase orders during period when County fuel pumps were not functioning. 7. Payment of Claims. 8. Consulting Agreement with Ben Sanford & Associates, Inc. for assistance in analyzing county telephone invoices for definition and solution of certain problems. 9. Order establishing a County Public Funds Collateral Policy. Commissioners Court Meeting Agenda April 15, 2003 Page Two 10. Mutual Aid Agreement with the Cities of Bryan, College Station, Wixon Valley and Kurten and with Texas A&M University for furnishing mutual aid in coping with disasters and/or civil emergencies to include threats to public safety posed by possible terrorist actions and weapons of mass destruction and other incidents of man-made origin. 11. Authorizing the acceptance of donated property for the Sheriffs Office. 12. Quitclaim Deed and authorizing the County Judge to execute the Quitclaim Deed for a 50 foot by 100 foot portion of land in the S. F. Austin League No. 9 to Kenneth Ray Cavitt and Janite Jean Cavitt. 13. Tax Refund Applications for the following: a. Sarah Antink b. Keith A. & Beverly Arnold C. Donald E. Clark & Joanne R. Lupton d. Roy L. & Vera S. Ellis, Sr. C. Steven T. & Josie Hernandez f Willis B. Hicks g. Joann Johnson h. Henry Kindt i. KTH Investments (Oscar Parulian & Henry Johanes) j. Mary A. Markowich k. Patricia Ann Magee McMahan 1. Frances Metzer Meiller M. Edna Bethea Moehlman n. Charlie & Dorothy Patranella o. Louise W. Porter p. Ruth L. Potter q. Robert E. & Barbara A. Randall r. Walter Riggle S. Homer D. Rosenbaum t. Marvin W. Rowe U. Arnold J. & Winona L. Salinas V. Apolonio R. & Dora G. Soto W. Larrylee M. & Evelyn Trafton X. Bradley C. Wade y. Charles Etta Walker (2) 13 YM, Commissioners Court Meeting Agenda April 15, 2003 Page Three 14. Blanket Purchase Orders as follows: a. $1,000.00 to Lowe's for the Brazos Center b. $2,150.00 to Glazier for the Jail c. $600.00 to Cain's Coffee for the Jail d. $1,450.00 to Ben E. Keith for the Jail e. $5,000.00 to Performance for the Jail f $6,300.00 to Sysco Food Services for the Jail g. $6,300.00 to US Foodservices for the Jail It. $4,000.00 to Scarmardo Produce for the Jail 15. Authorizing the Purchasing Department to advertise for Bid #2003-029 - Pharmaceuticals for the Jail Administration. 16. Award of Bid #2003-026 - Asphalt Oil and Emulsion for the Road & Bridge Department. 17. Approving the minutes from Commissioners Court regular meetings conducted on February 4, February 11, February 18, and February 25, 2003. 18. Presentation of the quarterly Delinquent Taxes Report. 19. Presentation by the County Auditor regarding the County's current fiscal status and a comparison of the revenues and expenditures to the budget. 20. Announcement of interest items and possible future agenda topics. 21. Agency/Board/Committee reports by Court members. 22. Call for citizen input and/or concerns. 23. Adjourn. The Brazos Center 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. 3 COMMISSIONERS' COURT REGULAR MEETING APRIL 15, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 15, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 9, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court first considered Budget Amendment #02/03-22.1 through 22.3, which would reallocate funds for the Information Technology Division, County Records Preservation and Management Fund and Juvenile Services. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. VOL (4 3 PAGE If Commissioners Court meeting April 15, 2003 2 voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was the authorization to pay invoices incurred by the Jail Administration for food purchases made without purchase orders. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to authorize payment of the invoices. . The Court next considered payment of invoices incurred by various departments for fuel purchases made without purchase orders during period when County fuel pumps were not functioning. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize payment of the invoices. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20041106 through 20041337 VOL q 3 PAGE 5 Commissioners Court meeting April 15, 2003 3 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration was the approval of a Consulting Agreement with Ben Sanford & Associates, Inc. for assistance in analyzing county telephone invoices for definition and solution of certain problems. On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to enter into a Consulting Agreement with Ben Sanford & Associates, Inc. Cost to the County will not exceed $3,750 plus $500 estimated expenses for a total of $4,250.00. A copy is attached. The Court next considered adopting an Order establishing a County Public Funds Collateral Policy. On motion by the County Judge, seconded by Commissioner Jones, the Court voted unanimously to remove this item from the agenda. The next matter for consideration was a Mutual Aid Agreement with the Cities of Bryan, College Station, Wixon Valley and Kurten and with Texas A&M University for furnishing mutual aid in coping with disasters and/or civil emergencies to include threats to public safety posed by possible terrorist actions and weapons of mass destruction and other incidents of man-made origin. On motion by the County Judge, VOL q PAGE G Commissioners Court meeting April 15, 2003 4 seconded by Commissioner Jones, the Court voted unanimously to remove this item from the agenda. The City of College Statior. is not ready to sign off on this as of yet. The Court next considered authorization for acceptance of donated property for the Sheriff's Department Patrol Division. The Brazos County Citizen Academy Alumni has donated the following items: 21 In car video audio package upgrades 22 Proguard shotgun racks 20 Stiger Flashights with Standard charge 4 Binoculars 10-30x30 zoom 1 Sony digital camera 1 Stylus photo 785 EPX printer On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept the donated property with a total value of $15,575.53. The Court next considered authorizing the County Judge to execute the Quitclaim Deed for a 50 foot by 100 foot portion of land in the S.F. Austin League No. 9 to Kenneth Ray Cavitt and Janite Jean Cavitt. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to execute the Quitclaim Deed. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Sarah Antink VOL 4 3 PAGE Commissioners Court meeting April 15, 2003 5 b. Keith A & Beverly Arnold c. Donald E. Clark & Joanne R. Lupton d. Roy L. & Vera s. Ellis, Sr. e. Steven T. & Josie Hernandez f. Willis B. Hicks g. Joann Johnson h. Henry Kindt i. KTH Investments (Oscar Parulian & Henry Johanes) j. Mary A. Markowich k. Patrica Ann Magee McMahan 1. Frances Metzer Meiller m. Edna Bethea Moehlman n. Charlie & Dorothy Patranella o. Louise W. Porter p. Ruth L. Potter q. Robert E. & Barbara A. Randall r. Walter Riggle s. Homer D. Rosenbaum t. Marvin W. Rowe u. Arnold J. & Winona L. Salinas v. Apolonio R. & Dora G. Soto w. Larrylee M. & Evelyn Trafton x. Bradley C. Wade y. Charles Etta Walker (2) On.motion by Commissioner Mallard, seconded by Commissioner Jones, the Court voted unanimously to approve the refund applications. The Court proceeded to consider the following blanket Purchase Orders: Lowe's $1,000 Brazos Center Glazier $2,150 Jail Cain's Coffee $ 600 Jail Ben E. Keith $1,450 Jail Performance $5,000 Jail Sysco Food Services $6,300 Jail US Foodservices $6,300 Jail Scarmardo Produce $4,000 Jail On motion by the County Judge, seconded by Commissioner VOL 43 PAGE 8 Commissioners' Court meeting April 15, 2003 6 Peters, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2003-029 Pharmaceuticals- Prescription and over the counter. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for pharmaceuticals. The Court next considered awarding Bid No. 2003-026, Asphalt Oil and Emulsion for the Road and Bridge Department. Becky Stephens, Senior Buyer, made the following recommendations: AE-PRIME Primary Vendor Cleveland Asphalt Secondary Vendor Prime Materials CRS-2 Primary Vendor Cleveland Asphalt Secondary Vendor Prime Materials SS-1 Primary Vendor Cleveland Asphalt Secondary Vendor Prime Materials HFRS-2 Primary Vendor Cleveland Asphalt Secondary Vendor Prime Materials HFRS-2P Primary Vendor Prime Materials Secondary Vendor Gulf States Asphalt On motion by Commissioner Jones, seconded by Commissioner VOL 43 PAGE q Commissioners' Court meeting April 15, 2003 7 Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered approval of the minutes of the Commissioners' Court meetings held in February 2003 on the following dates: Regular Meetings - 4tn 11tH 18th and 25th On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the minutes as submitted. The Court next heard a presentation by Shelburne J. Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. on the Quarterly Delinquent Taxes Report. After the presentation, the County Judge asked for a list of all delinquent taxpayers and a list of county owned property. The next matter was a presentation by the County Auditor concerning the County's current fiscal status and a comparison of revenues and expenditures to the budget. Demetrios Basdekas commented on employees salaries and agreed with the Auditor on the concept of comparing salaries to local entities rather than other counties. Under announcement of interest items and possible future agenda topics the following spoke: VOL 43 PAGE 10 Commissioners' Court meeting April 15, 2003 County Judge a) A workshop has been scheduled on Monday, April 21st at 2:00 p.m. at the Brazos Center to discuss MHMR issues. At 6:00 p.m. on the same date and location, there will be a Public Hearing on Storm Water Management. Under Agency/Board/Committee reports by Court members, the County Judge made the following comment: a) He met with Senator John Cornyn about the Local Fire School and the idea of bringing Homeland Security here to A&M. He said Senator Cornyn agreed with his idea and that it had been a good meeting. b) The bill that moves Brazos County to the Appeals Court in Waco goes before the legislature tomorrow. He will be testifying. There was no citizen input and/or concerns. 8 There being no further business to come before the Court, the meeting was adjourned. VOL 43 PAGE l The foregoing minutes of the Commissioners Court meeting held April 15, 2003 have been examined and are approved in open Court this the Al A-Iday of 2003, in Bryan, Brazos County, Texas. Randy S'm5 Coun Judge 4ya; ~ Tony Jones Commissioner, Precinct 1 Duane Peters Kenny Mall r Commissioner, Precinct 2 Commissione , Precinct 13 F9F C rey C ley, Jr. Karen McQueen Commiss oner, Preci t 4 County Clerk VOL 4 3 PAGE 1 a I 'd BRAZOS COUNTY COMMISSIONERS COURT MEETING ON / 5 200 3 AT L 30 ,Jm V i j Ycl I - ~j ~J TA J BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02%03-22.1 to 22.3 On this the 15th day of April 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; E. Duane Peters, Commissioner, Precinct 2; G. Kenny Mallard, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: THAT WHEREAS, on April 15, 2003 the Court heard and approved a budget amendment for the 2002-2003 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 15th day of April, 2003. THE COMMISS By: Randy Sims, County Judge County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes ' COURT OF BRAZOS COUNTY, TEXAS. q3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-22.1 4/15/2003 FD DIV ACCT PROJ DE/CR ACCOUNT NAME Increase Decrease 01 140001 657500 Dr. Small Tools $ 1,500.00 01 140001 672860 Cr. Eauinment - Other $ 1,500.00 Information Technology Division I I I I To allow the purchase of various tools needed to help maintain the computer system. Aai y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-22.2 4/15/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 19 500001 614500 DR Miscellaneous $ 10,000.00 19 500001 713000 CR Microfilming $ 10,000.00 County Records Preservation and Management Fund To move monies to a for destruction of documents in accordance with State Library retention re uirements. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-22.3 4/15/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 3171 652000 317103 Dr. Copier Maintenance $ 300.00 01 3171 672300 317103 Cr. Confer $ 300.00 (Juvenile Services Department I I I I ITo reallocate budget to pay for the maintenance agreement for the boot came copier. PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: April 15, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status . . . DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED SHERIFF'S OFFICE/JAIL RIOS, JOSEPH C. NEW HIRE - FULL TIME CONSTABLE, PCT 2 HALLIWELL, STEPHANIE NEW HIRE - FULL TIME Approved in Commissioners' Court: County Judge's or Commissioner's Si (This copy to be attached to minutes) CONSULTING AGREEMENT THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford & Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as CLIENT. WITNESSETH WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution of certain telecommunication problems it has now, or anticipates encountering in the future; and WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth; NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: CLIENT HEREBY engages CONSULTANT for the period of three (3) months to render the CLIENT such consulting services as are more particularly described in the attached "Exhibit A", which services CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. II CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency. III A CREDIT CHARGE of two percent (2%) per month on the unpaid balance shall be charged to CLIENT on all invoices remaining unpaid for more than thirty (30) days, and all costs of collection, including reasonable attorney fees and expenses, shall be borne by the CLIENT in the event any invoices are not paid in a timely manner. IV THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be of no force and effect unless embodied in writing and executed by the parties concerned. Signatures below must be dated within sixty days of one another. Offered By: / 3-/, 4, Ben Sanford Ben Sanford & Associates, Inc. Company President Title Date ~3 EXHIBIT A SERVICES 'O BE PERFORMED Verizon Billing Refund 1. Extensive Review of Customer Service Records from Verizon. 2. Compare charges billed to actual service in use. 3. Compile detail of errors. 4. Research previous county project files for supporting documentation. 5. Notify and correspond with Verizon regarding claim. 6. Meet with Verizon and County as needed to facilitate process. 7. Review of Verizon refund computations to ensure proper credit given and all regulations followed. 8. Keep County posted as to progress. EXHIBIT B FEESCHEDULE Hourly fees are $125. Total Fee for Services Shall Not Exceed $3,750 (30 hours), plus estimated expenses of $500, for a total of $4,250. Expenses include automobile travel at .35 per mile and misc. expenses supported by receipts. Invoices shall be rendered monthly, or at completion of major tasks. Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses. Initials: BSA Clien~ MUTUAL AID AGREEMENT STATE OF TEXAS County of Brazos This Mutual Aid Agreement (MAA or Agreement) is entered into by, between and among all the entities, all of which are Parties hereto, and which comprise the Brazos County Interjurisdictional area as listed below: Brazos County, Texas; The City of Bryan, Texas; The City of College Station, Texas; The City of Wixon Valley, Texas; The City of Kurten, Texas; and Texas A&M University, College Station, Texas; RECITALS The Parties recognize the vulnerability of the people and communities located within the Region to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment and manpower requirements beyond the capacity of each individual Party; and The Parties must confront the threats to public safety posed by possible terrorist actions and weapons of mass destruction and other incidents of man-made origin, and the threats to public safety from natural disasters, all capable of causing severe damage to property and danger to life; and The Parties to this agreement recognize that mutual aid has been provided in the past and have determined that it is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of such calamities; and The governing officials of the Parties desire to secure for each Party the benefits of mutual aid for the protection of life and property in the event of a disaster and/or civil emergency; and The Parties wish to make suitable arrangements for furnishing mutual aid in coping with disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas Government Code (Texas Disaster Act of 1975); Chapter 362, Local Government Code; and Executive Order No. RP-12 by the Governor of the State of Texas (April 3, 2002); and It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable provisions of law, and except as otherwise provided by law that the responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such CAEUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 1 of 15 [Mutual Aid Agreement] 3 ai Brazos County Inter*urisdictional Mutual Aid Agreement incident including the direction of such personnel and equipment provided him/her through the operation of such mutual aid plans. NOW, THEREFORE, the Parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct. 2. DEFINITIONS A. AGREEMENT - this document, duly executed. B. AID AND ASSISTANCE - includes personnel, equipment, facilities, services, supplies, and other resources. C. ASSISTING PARTY - the Participating entity furnishing equipment, services and/or manpower to the Requesting Party. D. AUTHORIZED REPRESENTATIVE -an employee of a participating entity who is authorized in writing by that entity to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives, by title, for each participating entity executing this Agreement shall be included on the signature page and shall be updated as needed by each participating entity. E. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. F. DISASTER - the occurrence or imminent threat of any natural, technological, or civil emergency that causes damage of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other contamination, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism, and other public calamity requiring emergency action of sufficient severity and magnitude or that will likely exceed local capabilities as to result in a declaration of a state of disaster by a municipality, county, the Governor, or the President of the United States. G. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. H. LOCAL GOVERNMENT- a county, municipality, special district, or any corporatelpolitical entity organized under state law, of Texas. J. MUTUAL AID - includes, but is not limited to, such resources as equipment, supplies, and personnel. K. WORK OR WORK-RELATED PERIOD - any period of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and for which the Requesting Party may reimburse the Assisting Party (See Section 7). L. PARTICIPATING GOVERNMENT -any county, municipality, political subdivision, or emergency service entity of the State of Texas which executes this Mutual Aid Agreement. C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doe Page 2 of 15 [Mutual Aid Agreement] 4:3 ~a- Brazos County Interiurisdictional Mutual Aid Agreement M. PERIOD OF ASSISTANCE_ - the period of time beginning with the departure of any personnel of the Assisting Party, from any point, for the purpose of traveling to the Requesting Party in order to provide assistance, and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party, during which the personnel of the Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at, or return from, the Requesting Party. N. REQUESTING PARTY - the Participating entity requesting aid in the event of an emergency. Each municipality must coordinate requests for State or Federal emergency response assistance through the appropriate agencies. 3. PARTY'S EMERGENCY MANAGEMENT PLAN. Each Party required to do so shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency and/or disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources, including personnel, equipment and supplies, necessary to provide and/or receive mutual aid. The emergency management plan shall be submitted to the Governor's Division of Emergency Management. 4. EMERGENCY MANAGEMENT DIRECTOR The County Judge of each County or the Mayor of each City participating in this Agreement shall serve as the Emergency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement. Each Emergency Management Director may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. 5. ACTIVATION OF AGREEMENT. This Agreement shall be activated in the event of either: (a) a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government Code; or (b) the finding of a state of civil emergency by the presiding officer of the governing body of a Party; or (c) the occurrence or imminent threat of disaster such that local capabilities are, or are predicted to be, exceeded. The activation of the Agreement shall continue, whether or not the local disaster declaration or state of civil emergency is still active, until the services of the Party rendering aid are no longer required. In the event of a widespread disaster affecting more than one Party hereto, each affected Party shall utilize its respective State of Texas Department of Public Safety Disaster District Committee for coordinating the provision of mutual aid. 6. PROCEDURES FOR PROVISION OF MUTUAL AID. When a member political subdivision or other entity either becomes affected by, or is under imminent threat of an emergency or disaster or has officially declared a disaster, it may request mutual aid assistance by: (1) submitting a written Request for Assistance to an Assisting Party, or (2) orally communicating a request for mutual aid assistance to an Assisting Party, which shall be followed by a written request if the Assisting Party so requests. Mutual aid shall not be requested by a member political subdivision or other entity unless resources available of the normal responding agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior to resolution of the situation. All requests for mutual aid must be transmitted by 1) an Authorized Representative of the member political subdivision or 2) the Director of Emergency Management. C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 3 of 15 [Mutual Aid Agreement] Brazos County Interiurisdictional Mutual Aid Agreement A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the necessary information as prescribed in Section 6.C. hereto. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, THE DISASTER DISTRICT: The Requesting Party may directly contact the Disaster District, and the Disaster District will then contact other member political subdivisions or entities on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with (unless otherwise directed by the DDC) the Requesting Party in order to ensure specific needs are communicated. C. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance shall be accompanied by the following information, to the extent known: 1). A general description of the damage sustained or threatened; 2). Identification of the emergency service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, etc.), and the particular type of assistance needed; 3). The amount and type of personnel, equipment, materials, supplies, and/or facilities needed and a reasonable estimate of the length of time that each will be needed; and 4). An estimated time and a specific place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. This information may be provided on a form designed for this purpose or by any other available means. D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE. When contacted by a Requesting Party, or by the Disaster District on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine availability of personnel, equipment and other assistance based on current or anticipated needs. All Participating Governments shall render assistance to the extent personnel, equipment and resources are deemed available. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so based on current or anticipated events within its own jurisdiction. E. INFORMATION REQUIRED OF THE ASSISTING PARTY. An Authorized Representative who determines that the Participating Assisting entity has available personnel, equipment, or other resources, shall so notify the Requesting Party or the Disaster District, whichever communicated the request, and provide the information, to the extent known: 1). A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; 2). The estimated length of time that the personnel, equipment, and other resources will be available; 3). The name of the person or persons to be designated as supervisory personnel; and 4). The estimated time of arrival for the assistance to be provided to arrive at the designated location. This information may be provided on a form designed for this purpose or by any other available means. F. SUPERVISION AND CONTROL: When providing assistance under the terms of this agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, the response effort to which SHALL be organized and functioning within an Incident Command System (ICS) or Unified Command System (UCS) format Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 4 of 15 [Mutual Aid Agreement] Brazos County Interiurisdictional Mutual Aid Agreement for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Partys personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self- sufficient while working in the emergency or disaster area. The Requesting Party may specify only self- sufficient personnel and resources in its request for assistance. H. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish their own communications equipment sufficient only to maintain communications among their respective operating units, if such is practicable. I. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such persons shall have the powers, duties, rights, privileges, and immunities, and shall receive compensation, incidental to their employment or position with and by the Assisting Party. J. TERM OF DEPLOYMENT: The initial duration of a request for assistance will be specified by the Requesting Party, to the extent possible by the situation. K. SUMMARY REPORT: Within ten working days of the return of all personnel deployed under this agreement, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of events and description of personnel, equipment and materials provided by one Party to the other. 7. REIMBURSABLE EXPENSES. The terms and conditions governing reimbursement for any assistance provided pursuant to this agreement shall be in accordance with the following provisions, unless otherwise agreed upon prior to the deployment by both the Requesting and Assisting Parties. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse, in accordance with standard and accepted methods, the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, if requested. B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance, if requested, according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doe Page 5 of 15 [Mutual Aid Agreement] r 3 t tj Brazos County Interiurisdictional Mutual Aid Agreement the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance or other such proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed, if requested, for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel, maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Partys personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. If the disaster is state or federally reimbursable, State Division of Emergency Management assistance will be sought to assist the Requesting Party in seeking federal and/or state reimbursement. E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or state regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. 8. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each member political subdivision or entity shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision or entity shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision or entity to determine if the volunteer company has automobile liability coverage as outlined in this section. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision or entity shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this agreement. Each member political subdivision or entity agrees to obtain general liability, public official's liability and law enforcement liability, if applicable, or maintain a comparable self- insurance program. D. OTHER COVERAGE: The Assisting Party shall provide and maintain their standard packages of medical and death benefit insurance coverage while their personnel are assisting the Requesting Party. C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 6 of 15 [Mutual Aid Agreement] aCa?"g5 Brazos County Interiurisdictional Mutual Aid Agreement 8. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 9. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. 10. TERM. This Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 18 of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 11. ENTIRETY. This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Sections 13 and 17 below. 12. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the rendering and/or receiving of mutual aid taken prior to the date of this Agreement. 13. OTHER MUTUAL AID AGREEMENTS. Notwithstanding Section 11, it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and it is agreed that this Agreement shall be subordinate to any such individual contract. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities, entities, counties, and state or federal agencies. A. Specifically, the existence of this Agreement shall not prevent a municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity from providing mutual aid assistance on request to another municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity, upon request, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code and Chapter 362, Local Government Code, as applicable. Additionally, the existence of this Agreement shall not prevent any Local Government, which is a Party hereto, from providing emergency assistance to another Local Government that is not a Party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code and Chapter 362, Local Government Code, as applicable. 14. INTERLOCAL COOPERATION ACT. The Parties agree that mutual aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the Interlocal Cooperation Act. C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 7 of 15 [Mutual Aid Agreement] Brazos County Interiurisdictimal Mutual Aid Aereetnent 15. SEVEIZABILITY. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not atfect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 16. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 17. AMENDMENT. This Agreement may be amended only by the mutual written consent of the Parties. 18. TERMINATION. Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of mutual aid. Counties, cities, and other political subdivisions and public agencies having a legislative or governing body which are signatories hereto shall by resolution give notice of termination of participation in this agreement and submit a certified copy of such resolution to all other participating Parties. Such termination shall become effective not earlier than 30 days after the filing of such notice. The termination by one or more of the Parties of its participation in this agreement shall not affect the operation of this agreement as between the other Parties thereto. 19. TBUM PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third Parties. 20. NOTICE. Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Chief Elected Official, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission as follows: To Brazos County at: Emergency Management Director / County Judge 300 East 261" Street Bryan, TX 77803 979-361-4102/01 FAX 979-xxx-xxxx To City of Bryan at: Emergency Management Director / Mayor P.O. Box 1000 Bryan, TX 77805 979-209-9800 FAX 979-849-4655 To City of College Emergency Management Director / Mayor Station at: P. O. Box 9960 College Station. TX 77842 979-764-8295 FAX 979-764-6377 C:\EUDORAWttach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 8 of 15 [Mutual Aid Agreement] L4 C;L Brazos County Interiurisdicticnal Mutual Aid Agreement To City of Wixon Emergency Management Director / Mayor Valley at: 7032 Creek Shadows Drive Wixon Valley, TX 77808 979-732-2155 FAX 979-xxx-xxxx To City of Kurten Emergency Management Director / Mayor at: xxxxxxxxxxxxxxxx Kurten. TX 778xx 979-xxxxxxxxxxx FAX 979-xxx-xxxx To Texas A&M Office of the President University at: Texas A&M University MS-XXXX College Station. TX 77843 979-xxx-xxxx FAX 979-xxx-xxxx 21. WARRANTY. The Agreement has been officially authorized by the governing or controlling body or agency of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 22. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this Agreement. In the event of an emergency or disaster physically occurring within the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the emergency or disaster occurred. In the event of an emergency or disaster physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 23. HEADINGS. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. "The Rest of this Page is Intentionally Left Blank" CAEUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 9 of 15 [Mutual Aid Agreement] itA 43, s 4i s x L ~ Brazos County Interiurisdictional Mutual Aid Agreement EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. Brazos County, Texas: NAME: Signature: Judge of Brazos County AUTHORIZING REPRESENTATIVES (Title only): ATTEST: Name: Date: Signature: Title: "The Rest of this Page is Intentionally Left Blank* C:\EUDORA\Attach\DRAFT 2 Brazos County MAA template 12-02.29355DEFANGED-doc Page 10 of 15 (Mutual Aid Agreement] w J Date: 13RAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK JIM MANN, CHIEF DEPUTY WAYNE DICKY, JAIL ADMINISTRATOR TO: The Honorable Judge Sims The Honorable Commissioner Cauley The Honorable Commissioner Jones The Honorable Commissioner Peters The Honorable Commissioner Mallard FROM: Chief Deputy SUBJECT: Request to Recei a Donated Property DATE: April 4, 2003 300 E. 26TH ST. SUITE 105 BRYAN, TEXAS 77803-5359 The Brazos County Sheriffs Citizen Academy Alumni has purchased equipment for our office. These items will benefit our Patrol Division, Criminal Investigation Division, and our Crime Prevention Unit. We respectfully request that the Commissioners Court approve acceptance of the below listed donated equipment, totaling $15,575.53. Thank you for your assistance. 21 In-car video audio package upgrades $335.00 $7,035.00 22 Pro and shotgun racks $245.99 $5,411.78 20 Stinger flashli hts with standard charge $94.99 $1,899.90 4 Binoculars 10-30x30 zoom $89.99 $359.96 1 Son di ital camera $699.00 $699.00 1 Stylus Photo 785 EPX printer $169.00 $169.00 OFFICE (979) 361-4100 ADMINISTRATION (979) 361-4148 FAx (979) 361-4170 BRAZOS COUNTY, TEXAS COMMISSIONERS COURT ACCEPTANCE OF DONATED PROPERTY I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. DESCRIPTION: Ylus to 785 SPX Print Estimated Value: b 169.00 gnature Sheriff 280001 Department Accepted Rejected C unty Judge ssion FORM 372-Bc t. 3 Co missi~oner,~Pct. 2 GZ Commissioner, Pct. 4 BRAZOS COUNTY, TEXAS COMMI-STONERS COURT ACCEPTANCE OF DONATED PROPERTY DESCRIPTION: In-car video audo package upgrades 21 @ $335.00 Estimated Value: $ 7,035.00 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. gnature Sheriff 280001 Department Accepted [ ] Rejected u 4~d ge Commissioner, Pet. I Commissioner, Pct. 2 Commissione Pct. 3 Commisct. 4 FORM 312-Bc yS Y 43 ex` 4yiF:a.. qa, BRAZOS COUNTY, TEXAS COMMISSIONERS COURT ACCEPTANCE OF DONATED PROPERTY DESCRIPTION: Sony Digital Mavica Camera Estimated Value: $ 699.00 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. rize ig are Sheriff 280001 Department 1X1 Accepted FORM 312-ec r i . 34 si . BRAZOS COUNTY, TEXAS COMMISSIONERS COURT ACCEPTANCE OF 60NATED PROPERTY DESCRIPTION: Gall's 10-30x30 zoom binoculars ity 4 @ $89.99 Estimated Value: i 359.96 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. u horized Signature Sheriff 280001 Department 9 Accepted FORM 312-BC r 1 Raior+o.1 BRAZOS COUNTY, TEXAS COMMISSIONERS COURT ACCEPTANCE OF uONATED PROPERTY DESCRIPTION: Stinger flashlights with AD (AC&DC) - quantity 20 @ 94.99 Estimated Value: S 1,899.80 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Au orized Signature Sheriff 280001 Department FORM 312-ec L :R P3 4 -31 Ji~ M Accepted f 1 Rejected BRAZOS COUNTY, TEXAS COMMISSIONERS COURT ACCEPTANT F OF DONATED PROPERTY DESCRIPTION: Proguard shotgun racks for Patrol units quantity 22 @ 245.99 Estimated Value: $ 5,411 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Au orize Signature Sheriff 280001 uepariment Accepted [ ] Rejected 4Cntyudge/ Comm ssio r, Pct. 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