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HomeMy WebLinkAbout2003-04-29-9:00AM-Regular8 BRAZOS COUNTY BRYAN. TEXAS J"A&- ~i"rd..... NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, APRIL 29, 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26Tn STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 18: 3. Budget Amendment 02/03-24. 4. Payment of Claims. 5. Personnel Changes of Status. 6. Amended Lease Agreement with The Harvey Community Center for land for the citizens' collection site. 7. Selecting an additional candidate to serve on the 2003 County Salary Grievance Committee. 8. Application for Funds SB 1072 to the Texas Department of Public Safety by the Constables of Precinct 1 and Precinct 2 for video cameras and recording equipment. 9. Letter requesting membership in the North & East Texas Judges and Commissioners Association. 10. Request by the District Attorney for payment to an employee of longevity earned March 7 to April 18, 2003. Commissioners Court Meeting Agenda April 29, 2003 Page Two 11. Confirming the membership of the RSVP Project Advisory Council. 12. Tax Refund Applications from the following: a. Oscar J. Johnson (Provident Bank) b. John D. & Dorothy S. Mehaffey C. Mary H. Payton d. Elaine L. & Sherrel C. Smith e. Jaclyn Symank (Banc of America) 13. AIA Agreement between Brazos County and Patterson Architects for renovations to the second floor of the County Courthouse to include converting an attorney's waiting room and file storage areas into new County Court at Law No. 2 Courtroom. 14. Authorizing the Purchasing Department to advertise Re-Bid #2003-031 - Office Supplies. 15. Award of Bid #2003-030 - Poly-Jute and approving the Requisition 16. Inmate Pay Telephone Agreement with Evercom Systems, Inc. 17. Blanket Purchase Orders. 18. Request for the Road & Bridge Department to enter Anthony Luza, Sr.'s property located off Water Well Road for the purpose of constructing a drainage channel to drain water off roadway. Site is located in Precinct 4. 19. Acknowledge receipt of monthly reports from elected officials and department heads. 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 Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Al~ . W a a COMMISSIONERS' COURT REGULAR MEETING APRIL 29, 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 29, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1, Absent; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Commissioner Peters gave the invocation and led the pledge of allegiance. The County Judge welcomed Commissioner Cauley back. The Court next considered Budget Amendment #02/03-24.1 through 24.3, which would reallocate funds for the Health Department, Emergency Management and the Road & Bridge Department. Commissioner Peters moved to approve all amendments. Commissioner Mallard seconded the motion. After some discussion Commissioners Peters and Mallard amended their motion and second to exclude amendment 24.2. Then on motion VOL cl 3 PAGE 103 Commissioners Court meeting April 29, 2003 2 by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve amendments 24.1 and 24.3 and to table amendment 24.2. A copy is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20041564 through 20041800 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims with the exception of claim numbers 20041597, 20041626 and 20041772. These will require further information. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to apprc;,jr the changes as submitted. The Court next considered approval of an Amended Lease Agreement with the Harvey Community Center for land for the citizen's collection site. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amended Lease. A copy is attached. The Court proceeded to select an additional candidate to serve on the 2003 County Salary Grievance Committee. On motion by the County Judge, seconded by Commissioners Peters VOL t43 PAGE I a Commissioners Court meeting April 29, 2003 3 and Cauley, the Court voted unanimously to appoint Kenneth Kevin Kotch to serve on the 2003 County Salary Grievance Committee. The Court next considered an Application for Funds SB 1072 to the Texas Department of Public Safety by the Constables of Precinct 1 and Precinct 2 for video cameras and recording equipment. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to execute the applications for Funds SB 1072. The next matter for consideration was the approval of a letter requesting membership in the North & East Texas Judges and Commissioners Association. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve and forward the letter to the North & East Texas Judges and Commissioners Association. Upon approval the Court will move out of the South Texas Judges and Commissioners Association. The Court next considered a request by the District Attorney for payment to an employee of longevity earned March 7 to April 18, 2003. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the one time payment of back due longevity pay. VOL it-? PAGE 1 d 5 Commissioners Court meeting April 29, 2003 q The next matter before the Court was the confirmation of the membership of the RSVP Project Advisory Council. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to confirm the following individuals as members of the RSVP Project Advisory Council: Lynn Hambric Wanda Magee Janis Gibbons Alfred B. Nichols John Michaels Victoria Walker Pat Fagan Richard Pollard Elaine Weldon. Laura Holmes The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Oscar J. Johnson (Provident Bank) b) John D. & Dorothy S. Mehaffey c) Mary H. Payton d) Elaine L. and Sherrel C. Smith e) Jaclyn Symank (Banc of America) On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Tax Refund Applications. The Court next considered approval of the AIA Agreement between Brazos County and Patterson Architects for renovations to the second floor of the County Courthouse to include converting an attorney's waiting room and file storage areas into new County Court at Law No. 2 Courtroom. On motion by Commissioner Peters, seconded by the County Judge, the Court VOL 4-3 PAGE I D G Commissioners Court meeting April 29, 2003 voted unanimously to approve the document. 5 The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2003-031 Office Supplies Re- bid. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for office supplies. The Court next considered awarding the following bid: Bid No. 2003-030, Poly Jute - Annual Bid Becky Stephens, Senior Buyer, made the following recommendations: Primary Vendor: Contech Construction Secondary Vendor: Eagle Industries On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The next matter before the Court was the approval of the Inmate Pay Telephone Agreement with Evercom Systems, Inc. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Inmate Pay Telephone Agreement. The county will receive 520 of the actual gross billings. A copy is attached. The Court proceeded to consider the following blanket Purchase Orders: VOL y PAGE 103 Commissioners Court meeting April 29, 2003 Scarmardo Prod Jail Admin $4,000 US Foodservice Jail Admin $6,300 Sysco Food Jail Admin $6,300^ Serv Jail Admin $5,000 Performance Jail Admin $1,450 Ben E. Keith Jail Admin $ 600 Cain's Coffee Jail Admin $2,150 Glazier Jail Admin $1,600 Butterkrust Jail Admin $3,400 Lilly Dairy Jail Admin $ 800 Team Systems Jail Admin $ 600 Brazos W Sale Jail Admin $ 900 Ecolab Jail Admin $1,500 Ray Criswell On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the blanket purchase orders. 6 The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Anthony Luza, Sr. on.Water Well Road in Precinct 4 to construct a drainage channel to drain water off the roadway. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. The Court acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 VOL Lf3 PAGE I 1 ?'l Commissioners' Court meeting April 29, 2003 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge District Clerk Sheriff 7 A copy of the Officials' reports can be viewed in the Cc;unfy Auditor's office. Under announcement of interest items and ocssah,F future agenda topics the following spoke: Commissioner Mallard a) Said that the Commissioners had all received a proposed budget for a civil attorney position from the County Attorney. This will be addressed during the budget hearings for the 2003/2004 budget year. Susan Gandy a) Reminded the Court that there will be a Workshop in room 108 on May 15, 2003 beginning at 2:00 p.m. There will be a presentation by the City of Bryan on 800 Megahertz project. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Said that he and Commissioner Peters went to Austin to speak before the VOL q3 PAGE la 9 Commissioners' Court meeting April 29, 2003 Legislature in support of a transportation bill regulating over weight trucks on roads. Under citizen input and/or concerns, the following spoke: Demetrios Basdekas a) Told the Court that the Bryan City Council had a more appropriate practice concerning the agenda items. They post all supporting documents on the website for review prior to the meeting. He would like to see the County adopt this practice so that people are more enlightened prior to meeting. There being no further business to come before the Court, the meeting was adjourned. 8 VOL 4-~ PAGE It The foregoing minutes of the Commissioners Court meeting held April 29, 2003 have been examined and are approved in )pc-Court this the ~?r{L/ day of ?003, ir: rya Brazos County, Texas. Tony Jones Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precin5 3 Carey C4 -i- y, Jr. Commis oner, Preci t 4 C~ X " V~1~ Karen McQueen County Clerk VOL 43 PAGE BRAZOS COUNTY COMMISSIONERS COURT MEETING ON z4e1 -P ~-r 200 AT /fm NAME_ nR C:A NT7 A TTnm /nPP A P TT /TFWT ' fT T V /ov7rz-~ Lnv ~c Gt eai~ 4xeza.'Ll 1 ~ 6~kyiceeaJ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-24.1 to 24.3 On this the 29th 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 29, 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 29th day of April, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Randy Sims, County Judge County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-24.1 4/29/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 260020 720900 DR Auditor - External $ 745.00 01 260020 618800 CR Utilities $ 745.00 lHealth Dept. - Support ITo reclassify budget for extra expenditure of External Auditor. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-24.2 4/29/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 355001 672940 Dr. Equipment - Telephone $ 1,500.00 01 355001 659500 Cr. Vehicle Maintenance $ 1,500.00 Emer enc Mana ement To reclassify budget for a joint purchase with Bryan, College Station and A&M University for hone conferencin (brid in) between the EOCs to be purchased b Brazos County 911 Communicatnibs District 43 I IS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-24.3 4/29/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 560010 725900 Dr. Professional Fees $ 30,000.00 01 560010 657100 Cr. Right of Way $ 30,000.00 Road and B Per attached PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: April 29, 2003 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME • ACTION REQUESTED • • BUILDING MAINTENANCE ARGUELLO, JULIAN NEW HIRE - PART-TIME MORALES, MARIA NEW HIRE - PART-TIME DISTRICT ATTORNEY FLANIGAN, SHANNON B. LONGEVITY PAY ROAD AND BRIDGE FLORA, BILL C. NEW HIRE - TEMPORARY OLDHAM, JR., MARIONE. NEW HIRE - TEMPORARY TARVER, JR., JAMES NEW HIRE - TEMPORARY WEEKS, JR., EDWARD NEW HIRE - TEMPORARY COUNTY AUDITOR CAREY, ERIN NEW HIRE - INTERN PERSONNEL NICHOLS, LORAINE CHANGE IN TITLE SHERIFF'S OFFICE - JAIL DELEON, ANNIE RESIGNATION - PART TIME GONZALES, JR., JOSEPH P. NEW HIRE - FULL TIME MANTHEI, TEDDY W. NEW HIRE - FULL TIME MOYNIHAN, CHRISTOPHER NEW HIRE - FULL TIME Approved in Commissioners' Court: April 29, County Judge's or Commissioner's Signature: (This copy to be attached to minutes) 43 1 AMENDED LEASE AGREEMENT AGREEMENT of Lease, made this the o~qAlday of April, 2003, by and between THE HARVEY COMMUNITY CENTER, acting by and through its duly elected Board of Trustees, (called "LANDLORD") and BRAZOS COUNTY, TEXAS, acting by and through its duly elected Commissioners Court (called "TENANT"). BRAZOS COUNTY, TEXAS This agreement is to renew and extend the original Lease dated September 21, 1992. It is agreed and understood that this lease may be terminated by either party by the giving to either party written notice of intentions to do so, in which event the term of this lease shall end. Rent shall accrue during the term from and after the commencement of this Lease and shall be payable by TENANT to LANDLORD at Bryan, Brazos County, Texas at a rate of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) annually. The rent shall be due and payable either in equal monthly installments of $100.00 payable in advance on or before the first day of each calendar month or in full in one payment on the first day of the Tenant's fiscal year, at the Tenant's option. The terms, agreements, covenants and conditions contained in the original Lease are biding upon and shall insure the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and year first above written. HARVEY COMMUNITY CENTER y. " Zv, 4 udge FE"TENANT" By: Trustee By: Trustee By: Trustee By: Trustee "LANDLORD" B 113 P Texas Department of Public Safety (0 Pursuant to Article 2.137 of the Code of Criminal Procedure, the Texas Department of Public Safety ("DPS") is accepting applications from law entore^.ment agencies that are requesting funds for video and audio equipment. Please complete this application and questionnaire, and return to DPS. All applications must be received by DPS or post-marked with the proper DPS address by January 31, 2002. DPS will evaluate the applications and notify the applicants accordingly. The information requested below will be required. in order to properly distribute funding. Each question should be answered as accurately as possible. If you have any questions pertaining to this application or questionnaire, feel free to contact our office at 512-424-2064, or 5 1 2424-25 14. for r'unds SH 1074 - Video Camera and Agency Information Contact Information I Name: Constable Pct. 1 Address: P.O. Box 55 City, State, Zip: Wellborn, Tx 77881 County: Brazos Phone: (979)690-1111 Fax: (979)690-0324 E-mail: aclark@co.brazos.tx.us Name: Archie Clark Address: P.O. Box 55 City, State, Zip: Wellborn, Tx 77881 County: Brazos Phone: (979)690-1111 Fax: (979)690-0324 E-mail: aclark@co.brazos.tx.us N Source of Funds HJR 97 Constitutional Amendment General obligation bonds for repair projects and purchase of needed equipment, SB 1074 77t6 Legislature Administering Agency: Texas De artment of Public Safe This agency does not request funding under the provisions of SB 1074 ❑ This agency does request funding under the provisions of SB 1074 X❑ Date Request Submitted: Date Awarded: Date Denied: q3 ~'j .Questionnaire 1. Does your Law Enforceme Agency have a designated Traffic Enforcement Division? Q Yes ❑ No ❑ N/A 2. How many commissioned officers are in your Traffic Enforcement Division? 5 Number of officers ❑ N/A 3. If you have a Designated Traffic Enforcement Division, how many marked patrol vehicles (cars or motorcycles), do you have assigned to the Division? 4 Marked patrol vehicles Unmarked patrol vehicles ❑ N/A 4. How many marked patrol vehicles in your Traffic Enforcement Division do not have video/audio capabilities? I Number of vehicles ❑ N/A 5. Of the number of marked patrol vehicles in your Traffic Enforcement Division that do not currently have video/audio capabilities, what is the minimum number of video/audio units needed to outfit the marked patrol vehicles in your Traffic Enforcement Division? I Number of video/audio units ❑ N/A 6. If your Department does not have a Traffic Enforcement Division, how many marked patrol vehicles (cars and motorcycles) does your agency have? Marked patrol vehicles Unmarked patrol vehicles 7. If your Department does not have a Traffic Enforcement Division, how many of your commissioned officers make traffic stops on a regular basis? Number of officers 8. If your Department does not have a Traffic Enforcement Division, how many marked patrol vehicles (cars and motorcycles) do not have video/audio capabilities? Number of vehicles 9. Check the box that best describes the number of traffic stops conducted by the Traffic Enforcement Division per routine patrol shift. ❑ (1-5) ® (6-15) ❑ (16-25) ❑ Over 25 ❑ N/A 10. Check the ?'nx that best describes the number of traffic stops conducted by your agency per routine patrol shift. ❑ (t-5) X❑ (6-15) ❑ (16-25) ❑ Over 25 11. What is the total number of commissioned officers for your Law Enforcement Agency? ® (1-24) ❑ (25-74) ❑ (75-299) ❑ 300 or more 12. What is the latest population census for your jurisdiction? (If county agency, list county population. If municipal agency, list city population) 152,000 Population County ❑ City 13. If funds are available, what is the number of video/audio units needed for your agency? 1 Number of video units 1 Number of audio units 14. What is the estimated cost of the equipment needed? $3995.00 per unit $3995.00 Estimated total cost To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment ac described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. Typed Name of Authorized Official (County Judge, City Manager or Mayor): Randy Sim Signe o horized tcial: Typed Name f Authorized Law Enforcement Offici Jams P. Marrow Signed Nam of Authorized Law Enforcement Official: i , ~,a, Ltvtsl.h61Q, Q~r 1 Date Signed: ~,JY q Please return this application to the address listed below. Grant Section (S13 1074) Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0130 lai~ 43 Q = A 2' Texas Department of Public Safety 0 Pursuant to Article 2.137 of the Code of Criminal Procedure, the Texas Department of Public Safety ("DPS") is accepting applications from law enforcement agencies that are requesting funds for video and audio equipment. Please complete this application and questionnaire, and return to DPS. All applications must be received by DPS or post-marked with the proper DPS address by January 31, 2002. DPS will evaluate the applications and notify the applicants accordingly. The information requested below will be required in order to properly distribute funding. Each question should be answered as accurately as possible. If you have any questions pertaining to this application or questionnaire, feel free to contact our office at 512424-2064, or 512-424-2514. for Funds SB 1074 - Agency Information Name: Constable Pct. 'a, Address: Soo E . at. T)4 # log3 City, Stat e, Zip: "BRy AN, -rX , -778ID3 County: akAZ-oS Phone: (979) 3to l - +{W77 Fax: (979) 3Ll - y455 E-mail: (mc~lerr+~cCt~J~o.n;czos.Ex.vS N Camera and Recording Equips Contact Information Name: Chris My Oerr+so tr Address: _ 300 E a6"n4 *k log? City, State, Zip: Brywn, T)C , 7790'3 County: lBenzos Phone: ci N) 3 to I - 4471 Fax: _(1-m) 361-yy55 E-mail: Same Source of Funds HJR 97 Constitutional Amendment General obligation bonds for repair projects and purchase of needed equipment. SB 1074 77tt' Legislature Administering Agency: Texas Department of Public Safe This agency does not request funding under the provisions of SB 1074 ❑ This agency does request funding under the provisions of SB 1074 X❑ Date Request Submitted: Date Awarded: Date Denied: Questionnaire 1. Does your Law Enforcement Agency have a designated Traffic Enforcement Division? El Yes ❑ No ❑ N/A 2. How many commissioned officers are in your Traffic Enforcement Division? i O Number of officers ❑ N/A 3. If you have a Designated Traffic Enforcement Division, how many marked patrol vehicles (cars or motorcycles), do you have assigned to the Division? Marked patrol vehicles Unmarked patrol vehicles ❑ N/A 4. How many marked patrol vehicles in your Traffic Enforcement Division do not have video/audio capabilities? Number of vehicles ❑ N/A 5. Of the number of marked patrol vehicles in your Traffic Enforcement Division that do not currently have video/audio capabilities, what is the minimum number of video/audio units needed to outfit the marked patrol vehicles in your Traffic Enforcement Division? Number of video/audio units ❑ N/A 6. If your Department does not have a Traffic Enforcement Division, how many marked patrol vehicles (cars and motorcycles) does your agency have? Marked patrol vehicles Unmarked patrol vehicles 7. If your Department does not have a Traffic Enforcement Division, how many of your commissioned officers make traffic stops on a regular basis? Number of officers 8. If your Department does not have a Traffic Enforcement Division, how many marked patrol vehicles (cars and motorcycles) do not have video/audio capabilities? Number of vehicles 9. Check the box that best describes the number of traffic stops conducted by the Traffic Enforcement Division per routine patrol shift. ❑ (1-5) E A(6-15) ❑ (16-25) ❑ Over 25 ❑ N/A 43 1 03 10. Check the box that best describes the number of traffic stops conducted by your agency per routine patrol shift. ❑ (1-5) (6-15) ❑ (16-25) ❑ Over 25 11. What is the total number of commissioned officers for your Law Enforcement Agency? ® (1-24) ❑ (25-74) ❑ (75-299) ❑ 300 or more 12. What is the latest population census for your jurisdiction? (If county agency, list county population. If municipal agency, list city population) 152,000 Population Q County ❑ City 13. If funds are available, what is the number of video/audio units needed for your agency? Q Number of video units _ a Number of audio units 14. What is the estimated cost of the equipment needed? $3995.00 per unit # °1990.00 Estimated total cost To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.I35(a)(I)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. Typed Name or Amminzw (J"Icial (County Judge, City Manager or Mayor): Randy Sims Sig erre thorized fficial: Typed Na f Auto zed law Enforcement Official Co table Donald J. Lampo Signed Name of Authonzed Law Enforcement official: Date Signed: Please return this application to the address listed below. Grant Section (S13 1074) Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0130 33'x.,' 1 9 9 7 ED IT I ON AIA DOCUMENT B1 S 1-1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twentieth day of March in the year Two Thousand Three (In words, indicate day, month and year) B E T W E E N the Architect's client identified as the Owner: (Name, address and other information) Brazos County 300 East 26th Street Bryan, TX 77803 and the Architect: (Name, address and other information) Patterson Architects 701 S. Texas Avenue Bryan, TX 77803 This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For the following Project: (Include detailed description of Project) Renovations to the District Clerk File Storage Area at the Brazos County Courthouse located at 300 E. 26th Street in Bryan, Texas. Work includes converting attorney waiting area and file storage areas into new County Court Law No. 2 Courtroom. ggg yogi The Owner and Architect agree as follows. 01997 AIA® AIA DOCUMENT 8191-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT #C;y_..__ 'rr-' vThe American Institute ' "'°of Architects 1735 New York Avenue, N.W. Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects Reproduction of the material h b Washington, D.C. 20006-5292 erem or so - stantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. r ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.23 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other doc- uments to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. o. o o~.~.po 0 01997 AIAO AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of of Architects Construction Cost. 'L 1735 New York Avenue, N.W. T3 *-ik Washington, D.C. 20006-5292 LL-..~.1...... 1 I 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The -Ar eT - shall assist the U o net me the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. ...24.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. have^ naeecr,~f 1 reS~onsib'1ity 2.4.4 The Architect shall ~^^•es+ +rrdr dee 6vana's-resporlsibititTfor filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A2ot, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. o, o °oo ~ oo° 0 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate O 1 9 9 7 A I A O to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect AIA DOCUMENT B151-I"I in Article 12, (1) to become generally familiar with and to keep the Owner informed about the ABBREVIATED OWNER- progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner ARCHITECT AGREEMENT against defects and deficiencies in the Work, and (3) to determine in general if the Work is being The American Institute performed in a manner indicating that the Work, when fully completed, will be in accordance of Architects with the Contract Documents. However, the Architect shall not be required to make exhaustive or 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (t) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 43 G o Iljl o o. o 0 01997 AIAO AIA DOCUMENT 1151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determin- ing the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise - - - - -specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with sup- porting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either - the Owner or Contractor. The Architect's response to such requests shall be made in writing with- in any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and o v reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ..g- ings. When making such interpretations and initial decisions, the Architect shall endeavor to 0 secure faithful performance by both Owner and Contractor, 01997 AIA® and shall not be liable Nendered in good kiih. AIA DOCUMENT 61514997 ABBREVIATED OWNER- 2 .6.17 The Architect shall render initial decisions on claims, disputes or other matters in question ARCHITECT AGREEMENT between the Owner and Contractor as provided in the Contract Documents. However, the The American Institute Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the of Architects intent expressed in the Contract Documents. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © - , 01 1 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only-be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or ]lj~ negotiating and contracting for construction, except for services required under Subparagraph o 0 5.2,5. °o0.3s o° O 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, 01997 AIA® evaluating Contractors proposals, and providing other services in connection with Change AIA DOCUMENT B151-1997 Orders and Construction Change Directives. The Parties agree that the services ABBREVIATED OWNER- described in this subparagraph shall be construed to be Basic ServiCVISNITECT AGREEMENT 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor The American Institute and making subsequent revisions to Drawings, Specifications and other documentation resulting of Architects therefrom. 1735 New York Avenue, N.W. Washington, D.C. 200W-5292 * after bidding LO 43 3.4.16 Preparing a set of reproducible record drawings showing'significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. -0 personnel _ 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. In consultation with the Architect, 4.2 A The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. =Fl w~teFSkrall urnish sa~vey6io desca a Al3ysiEa~charasleFi6t>ESrlegal li ilaiionsaxd 4.4 motility k~ccstiexs fr ftljesiteef4ke Frojeet ende~vritien legeldesctiea the site. The-stttweys and legef-informatioaahalHirnktde,~s m}icnbke -grader arn}lines efatreetr, a$eys,-ravements rnntrtg ptoPettyart~stracturesadjacerrtz}rairmge Tights ofievay~estrictions, easenrcrrts, -encFaeEk teatsr~eaiagr~ecd restfiEtiorrsr~erxderies td eeAtears-a€4he-site;-4ec-e"as -dimensiearencl-aecessar~-detarvii~s-reslx,'~.~=:.<ii~sg$Hi{di~sgs; ethertmproaemextsandtrees; end'informationeoncxnrirtg'anai{abienti&tyscrvnesartd'}irres;~othTinblieand-privatr, aboveand Belo" gradr,-inclndmg-inverts-and'depths.-k}f the-informationvtrthlesnyepsh-a3}'brreferenced rtva-Pmjertbnenchmark- IIII o Y . °a ~ a ~ o° D 01997 AIAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT 4.5 =Flte 6vvtxrs1ta11 furmskthe setvlces of geotechniLal rngirteetswherrSuLb services-are The American Institute -re -theRrchitrct-SudrservnrsnT~~nd vdcbutare-not-limitedt(rtrst-bonngs;testits of Architects ~~~9 P 1735 New York Avenue, N.W. Lt3 Washington, D.C. 20006-5292 -T- detertrrinations-o soit~earingvahres-percoiatialr7estr evainatiortrof hazardots-rsrarerl2t groandeeeresiarrtests-seld-resistiaitytesYS; incfrrding-rrecTSSary-operatimrs{orantiripatirrgstrbsoit eondt4ie1]~ Wtt~1YCp0Ct3'arrd~plXppl7atCTetDrrrrlMrdatlOnS 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services areIrequested by the Architect and are reasonably required by the scope of the Project. reasonably 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service; provided however, failure to provide such notice shall not relieve the Architect from his duties, responsibilities and liabilities stated herein. ARTICLES CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST J. o° 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost o.- o 0 and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is O 1997 A I AS recognized, however, that neither the Architect nor the Owner has control over the cost of labor, AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- materials or equipment, over the Contractor's methods of determining bid prices, or over ARCHITECT AGREEMENT competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and The American Institute does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project of Architects budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the 1735 New York Avenue, N.W. Architect. Washington, D.C. 20006-5292 y 2 ~j 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 9o days after the Architect submits-the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 if a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project*shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in fhhof this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. *for reasons other rAaihth ArelteEt I ✓ ch of this contract, 1 a ft O 01997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written ,,agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION Ilq o o. o °a'cCAO° O 01997 AIAO AIA DOCUMENT B1S1-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to-"Htratierrerthe institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing With the other party to this Agreement and with the American Arbitration Association. The request -M&a -b trade -6enc4AFer3Ny-A4tlr4he-+Aing-of-a-demand fererbitrMicm berf is sdek ever»-medielien shall proceed in advance of-arbitratiaaerlegal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing; unless stayed for a longer period by agreement of the parties or court order. 7.13 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. shall be subject to arbitration. Prior to arbitration, the parties shall mediation in accordance with Paragraph 7.1. 7.2.2 1 other matters in question between the parties that are not resolved 43 , 1 S~Y by Association currently in effect. The demand for arbitration shall be filed in writing with th her party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time aft a claim, dispute or other matter in question has arisen. In no event shall the demand for rtration be made after the date when institution of legal or equitable proceedings based o ch claim, dispute or other 7.2.4 No arbitration arising out of or relating to this reement shall include, by consolidation or joinder or in any other manner, an additional son or entity not a party to this Agreement, except by written consent containing a spec' reference to this Agreement and signed by the Owner, Architect, and any other perso entity sought to be joined. Consent to arbitration involving an additional person or e ' y shall not constitute consent to arbitration of any claim, dispute or other matter in que 'on not described in the written consent or with a person or entity not named or descri therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an ad ' ronal person or entity duly consented to by parties to this Agreement shall be specificall forceable in accordance with applicable law in any court having jurisdiction thereof. award rendered by the arbitrator or arbitrators shall be final, and judgment may be 73 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequencial damages due to either party's termination in accordance with Article 8. ARTICLES TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than go consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 4 Lk3 M o 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination Al- IIII o. oo op ~.oo O 01997 AIAO AIA DOCUMENT 51ST-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,igusattsntoutt+forthe.Amhitee anheiPaled TAa i-orr{ftevalacofthesemims of perfer m444 r4he,4rehiteet.-if termination is due to fault by 04ner. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2o1,*General Conditions of the Contract for Construction, current as of the date of this Agreement. *as amended by owner 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A2o1, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners successors assigns , , and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender IIjI providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to c v facilitate such assignment. o. .o oQ ~.oo 9.6 This Agreement represents the entire and integrated agreement between the Owner and 0 199 7 A I A ® the Architect and supersedes all prior negotiations, representations or agreements either written AIA DOCUMENT B1514"7 ABBREVIA , or oral. This Agreement may be amended only by written instrument signed by both Owner and TED OWNER- ARCHITECT AGREEMENT Architect. The American Architects 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause 1735 New York Avenue, N.W. of action in favor of a third party against either the Owner or Architect. Washington, D.C. 20006-5292 -r 13~ S ' 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; 2 fees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .s expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .4 F@F1d@F4ags, medels and meek ups Fequested by the Owne expense of professional liability- insurance dedicated exclusively to this Ptojmt or thle expeRse of additional iftsuranee eewrege or limits requested by the E~vvner in extess thm n....mall......--:..d by the 4ehii_et --d the a-L. J .l. _ .7 reimbursable expenses as designated in Article 12; (none) B other similar direct Project-related expenditures, if authorized in advance 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES Agiee~. 10.3.2 Subsequ"tjayments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. a 43 by Owner. Iljl o o. b oo.~.oo 0 01997 AIA® AIA DOCUMENT BISI-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed*compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. *through no fault of the Architect, 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made*mently-ttgen presentation of the Architect's statement of services rendered or expenses incurred. * arty (30) days after 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of (not applicable) Dollars (s ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.7 BASIC COMPENSATION 11.7.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Compensation shall be based upon Ten Percent (108) of the cost of construction which will include alt ~e~neial,~pluirbing, heating, air conditioning and electrical work -tM6 ?tTenX ri~inrde fts--a single stipulated-sum contract, awarded by Owner. 0 On °oapo° 0 01997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 3 1735 New York Avenue, N.W. ~1 ® Washington, D.C. 20006-5292 i 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: fifteen Design Development Phase: twenty Construction Documents Phase: forty Bidding or Negotiation Phase: five Construction Phase: twenty percent ( 150/6) percent ( 20%) percent ( 403%) percent ( 59/6) percent ( 20%) Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES one hundred percent (too%) 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall be computed as follows: Project Architect 90.00/HR Mechanical Engineer 90.00/HR Intern Architect 55.00/FIR Engineer In Training 55.00/HR CAD Technician 45.00/HR Administration 30.00/HI2 11.3.2 For Additional Services of the Architect, as described in Articles 3 and t2, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Project Architect 90.00/HR Mechanical Engineer 90.00/HR Intern Architect 55.00/HR Engineer In Training 55.00/HR CAD Technician 45.00/HR Acbiinistration 30.00/HR o III) o o. o oo.~.oo 0 01997 AI A® AIA DOCUMENT B1514"7 ABBREVIATED OWNER- ARCHITECT AGREEMENT _L4 3 L) 0 0 The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those p;ovidad uREI@F 9••` paFagFaPIi ' identified in Article 12 as part of Additional Services, a multiple of one and one (1.25 ) times the amounts billed to the Architect for such services. quarter (Identify specific types of consultants in Article u, if required.) 11.1 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one quarter 11.. 25) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid forty five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate0prevailing * r r e (Insert rate of interest agreed upon.) *then and permitted to be paid by the Owner tinder law. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 11.53 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. 43 141 o Iljl o o. o oo.~.oo 0 01997 AIAO AIA DOCUMENT 81514997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. 4WE i gnature) 4AC I T E C T "(Signature) Randy Sims, County Judge (Printed name and title) Fred A. Patterson, Jr., (Printed name and title) Vice-President CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo printed in red; licensed reproductions are thos/e ~p~rooduced in accordance with the Instructions to this document. Ft "h "~S t , 1. 1~w I S "rw, oht lawn and will st hlect the violator to legal prosecution. 11111111111111110 li 117111 , , Wit ®1997 AIA® AIA DOCUMENT B1314997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ADDENDUM TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT The following services will be provided to the Owner as contingent additional services (not as a basic service). 3.3.10 Warranty Phase 3.3.10.1 The Architect shall be responsible for reporting all building deficiencies to the Contractor for a period of one year from the date of Substantial Completion. Additionally, the written notifications of completed corrections. The one-year period shall be extended to portions of work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the work. The obligation under this Subparagraph 3.3.10.1 shall survive acceptance of the work under the Construction Contract. o.. 143 O O O O w U co W J Q Q co) 0 Z O O w LO J U m CD It M W d - H> H z U °o °o O Z O U a aT 60 C6 V9 c'~ Z of o c U c Z Q ~ ~ ` 0 0 0 0 ' . u a) `n H Z U cv rn ce) Q H N h- ~ M m J y W x a a o0 m C'1.. O LO o o LU Z. w a O o Of ° x CO- w O CD C7 W ¢ ° p ( 7 o a_ co w w Q p Z O F ~ U _W F- y Z p O Z U = w U J w Q z W Z O U O Q. p O Z p W 0 Q Q ~ O Z 0 0. U Q a co O Z U O m 0 z z O W N 0 L) O ~ U `3 I44_ Evercom Systems, Inc Inmate Calling Contract INMATE PAY TELEPHONE AGREEMENT This Inmate Pay Telephone Agreement (the "Agreement") is by and between Brazos County Texas, (the "Customer") acting by and through its duly elected Commissioner Court located at 300 East 26"' Street, Bryan, Texas and Evercom Systems, Inc. ("Evercom") located at 8201 Tristar Drive, Irving, Texas 75063. 1. Exclusive Rights. The Customer, for and in consideration of the payment of the Commission (as hereinafter defined) and the services to be provided by Evercom, grants Evercom the exclusive right and license to install and maintain an inmate telecommunications system governing all inmate calls, including local and long distance traffic for collect calling and potentially debit calling, and inter-related hardware and software (collectively, the "Equipment") within all pre-existing and future jail and/or detention facilities of the Customer (collectively, the "Facility") and hereby licenses the Facility for that purpose, upon the terms and conditions set forth in this Agreement. The Customer agrees to make the Facility available to Evercom for complete installation and operation of the Equipment. 2. Compensation. In consideration of the exclusive right to install and operate the Equipment within the Facility, Evercom agrees to pay the Customer fifty two percent ( 52 of the actual gross billings from use of the Equipment calls by inmates within the Facility (the "Commission"). "Gross Billings" shall mean the total calls placed on or through the Inmate Telephone System, billed at rates set forth in Schedule B Section 2 of the Evercom Response to RFP #2003-021 with no deduction or credit to Evercom for disconnects, expenses, allowances, bad debts, or billed calls not collected or which otherwise does not result in revenue to Evercom. The Commission shall be paid to the Customer on a monthly basis, as set forth in Section 3 below. Evercom will upgrade the three existing CAM Work Stations within 60 days of contract execution. Evercom also agrees to provide future software upgrades to the customer on a timely basis and at no charge to the customer. The Customer agrees that any current or future use of prepaid calling card services will be covered by a separate agreement between the parties 3. Payment and Accounting. Evercom agrees to pay the Customer the Commission on a monthly basis. The Commission shall be paid no later than thirty days following the month in which billings were generated from the Equipment during the Term (hereinafter defined) of this Agreement. All Commission payments shall be final and binding upon the Customer unless written objection thereto is received by Evercom within 60 days of mailing of the Commission payment to Customer by Evercom. Customer agrees to notify Evercom in writing if the Customer wishes the Commission to be remitted to an address that is different than the address on the first page of this Agreement 4. Maintenance and Repair. During the Term of this Agreement, Evercom will repair and maintain the Equipment in good operating condition, including without limitation, furnishing all parts and labor, and all such maintenance shall be conducted in a timely manner (usually within 24 hours). Such repair and maintenance shall be provided at Everson's sole cost and expense.Customer shall notify Evercom of damage requiring repair as soon as practicable after ascertaining the same. The Customer shall permit employees or contractors of Evercom reasonable access to the Facility in order to service, repair, and maintain the Equipment. 5. Liability Insurance. Evercom agrees to maintain comprehensive general liability insurance coverage having limits of not less than $1,000,000.00 in the aggregate. Evercom © 2003 Evercom Systems, Inc. Page 1 Revise 3/11/2003 ~u Evercom Systems, Inc Inmate Calling Contract agrees to hold Customer harmless from any and all claims, causes of action, or demands arising out of or related to the utilization of the Equipment. The Customer agrees to provide Evercom with reasonable and timely notice of any such claim, demand, or cause of action. Evercom shall have the right to defend any such claim, demand, or cause of action at its sole cost and expense and within its sole and exclusive discretion. The Customer agrees not to compromise or settle any claim or cause of action arising out of or related to the utilization of the Equipment without the prior written consent of Evercom. 6. Term of Agreement. This Agreement shall be effective as of the date it is signed by both parties (the "Commencement Date") and shall remain in force and effect for 2 years from the Commencement Date (the "Initial Term"). If, because of strikes, riots, wars or for any other reason, business operations at the Facility shall be interrupted for periods of time other than as is customary for operations conducted at the Facility, the expiration of the Term of this Agreement shall be extended for a period of time equal to the period of such extraordinary interruption of business operations. 7. Default and Termination. Customer may terminate this Agreement on thirty (30) days prior written notice. In the event any governmental tariff or regulation prevents Evercom from providing services, or such tariffs or regulations make continuation of this Agreement impractical for economic reasons or otherwise, then Evercom, at its sole discretion, may terminate this Agreement without liability. In the event of a termination of this Agreement for any reason, the Customer agrees to allow Evercom access to the Facility in order to remove the Equipment. Evercom agrees to remove the Equipment within thirty days after termination of this Agreement. 8. Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EVERCOM SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS ARISING OUT OF OR IN ANY WAY RELATED TO ANY PRODUCT OR SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. ANY LIABILITY OF EVERCOM UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF COMMISSIONS OWED BY EVERCOM TO THE CUSTOMER. EVERCOM'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED. EVERCOM MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR WARRANTY OF NON-INFRINGEMENT WITH REGARD TO ANY PRODUCT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. EVERCOM IS NOT RESPONSIBLE FOR ANY MANUFACTURER'S WARRANTIES. 9. Notices. Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in writing and shall be given or made by mail, postage prepaid, addressed to the respective party as set forth in the introductory paragraph of this Agreement, or to such other address as a party may designate by written notice in compliance with this Section. 10. Rates. The rate for local collect calls from the Equipment shall be a flat fee of $4.25 without any per minute charge. The rate for long distance collect calls from the Equipment shall be composed of a set-up fee and a per minute charge based on the type of call (intralata, interlata or interstate), the time of day, and the calling distance as referenced in Evercom Response to RFP #2003-021 section 2, Schedule B. Evercom shall not modify the rates for © 2003 Evercom Systems, Inc. Page 2 Revise vise 3111/2003 [ JJ Evercom Systems, Inc Inmate Calling Contract collect calls unless the increase is in compliance with the P.U.C. filed rates and the Brazos County Commissioners Court approves the implementation and amount of the increase in writing. 11. Miscellaneous. A. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. B. No waiver by either party of any event of default under this Agreement shall operate as a waiver of any subsequent default under the terms of this Agreement. C. If any provision of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the other provisions shall remain unaffected. D. This Agreement shall be binding upon and inure to the benefit of Evercom and the Customer and their respective successors and assigns. E. This Agreement may be executed in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. F. This Agreement constitutes the entire Agreement of the parties and supersedes any prior or contemporaneous oral or written agreements (except for a contemporaneous written agreement regarding prepaid calling cards, if any). G. This Agreement cannot be modified orally and can only be modified by a written instrument signed by all parties. H. Evercom, at its sole cost and expense shall secure the county, state, or federal licenses required for the provision of services contemplated by this Agreement. 1. The Customer acknowledges that the Equipment at all times remains the sole and exclusive property of Evercom. The Customer agrees that it shall not dispose of, reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or allow others to create the source code or structural framework of the Equipment. J. If Evercom is the first party to execute this Agreement, then the Customer shall have until 5:00 p.m. (Central Time) 90 days from the date set forth under Evercom's signature below, to execute and deliver this Agreement to Evercom. If the Customer has not executed and delivered this Agreement to Evercom within the 90-day period, then the offer made by Evercom to enter into this Agreement shall terminate and be null and void after such time. Evercom may also terminate the offer made by this Agreement prior to the end of the 90-day period by written notice to the Customer unless the Customer has previously signed and delivered this Agreement to Evercom. K. In the event that Evercom, in its sole discretion, determines that the revenue generated by the Facility is insufficient to justify continued service, Evercom shall have the right to terminate this Agreement upon 30 days' prior written notice to the Customer. ® 2003 Evercom Systems, Inc. Page 3 Revise 3/11/2003 Ix xgJ>li" 7_ Evercom Systems, Inc Inmate Calling Contract L. If Evercom has paid a signing bonus to Customer and if this Agreement is terminated for any reason prior to the end of the Initial Term, then the Customer shall refund to Evercom an amount equal to the signing bonus times a fraction, the numerator of which is the number of months between the date of termination and the end of the Initial Term and the denominator is the number of months in the Initial Term. The Customer shall pay any such refund to Evercom within 10 days of any such termination, or at Evercom's election, Evercom may deduct the refund from any Commissions owed to the Customer. M. Evercom Response to RFP# 2003-021 dated December 20, 2002 ("Response") is incorporated herein by reference and made a part hereof for all purposes. In the event of a conflict in the terms and provisions of this Agreement and the Response, the terms and conditions of this Agreement shall control and be given priority. Each signatory to this Agreement warrants and represents that he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her respective party, and to authorize the installation and operation of the Equipment. EXECUTED as of the date and year signed below: Evercom Systems, Inc. By: N e*Presidlent-Sales Ti and Marketing Date: - -)-/-0 3 Customer Brazos Coun exas ~e /;6/& By: Name: Randy, ms Title: Judge Date: © 2003 Evercom Systems, Inc. Revise 3/11/2003 (J,.~p Page4 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: April 29. 2003 ITEM: Permission to enter Anthony Luza, Sr.'s property located off Water Well Road for the purpose constructing a drainage channel to drain water off roadway. Signed permission form is attached. Site is located in Precinct 4. SOURCE OF FUNDS: N/A DESCRIPTION OF WORK: County will remove a portion of the fence and push cleared brush from the fence line onto private property for stacking and burning. County will excavate approximately 450 feet of flat bottom ditch. Dirt will be hauled to owner's other property located off OSR. Fence will be rebuilt at the end of Water Well Road. Ditch will be seeded and fertilized. NOTES/EXCEPTIONS: BY: I SUBr Richard F. Vance, P.E. County Engineer 0003-034 APPROVED BY: Commissi ner Carey Ca ey \ Precinct issioners Court Date: Randy Sings; County Judge BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pet 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date April 14, 2003 LAND OWNER AND ADDRESS Anthony Luza, Sr. 5821 W. OSR Bryan, Texas ~q p sp II. LOCATION OF WORK Property off of OSR and property at the end of Water Well Road. III. DESCRIPTION OF WORK TO BE DONE Permission to enter property off the end of Water Well Road. We will remove a portion of the fence and push the cleared brush from the fence line onto your property and stack and burn it. We will excavate approx. 450' 8* flat bottom MC11 WIU17 4;t sloped Stiles. EXCaVaLed dirL wttt be ed to property off of OSR to fill in a hole. Removed fence at end of Water Well Road will be rebuj3k ExaQ-Qted-ditch-will be seeded-anl €extilizad IV. MAINTENANCE YES, NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE As needed be no ified prior to maintenance) Richard F. Vance, P.E. Engineer Aide / Foreman / Right of Way Agent County Engineer Owner's Signature: DATE I Ae -4-3 will 43