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Home My WebLink About2003-07-29-9:00AM-RegularFILED BI.AZOS COUNTY BR Av, TEXAS 1003 JUL 25 P 1: 30 ;MEXrS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON 29 JULY 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 200 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Jones 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-19 3. Budget Amendment 02/03-36.1 4. Payment of Claims 5. Personnel Change of Status 6. Approval of a Proclamation recognizing September 2003 as Leukemia & Lymphoma Awareness Month. 7. Appointment of presiding judges and alternate judges for elections conducted by the County. 8. Approval of the County Treasurer's report for the month of June 2003 and Quarter ending 06/30/2003. 9. Adoption of a new fee schedule used by District Courts, County Courts, Justice of the Peace Courts and Small Claims Courts. 10. Award the annual contract for armored car service to First Star Transport. 11. Award the annual contract for janitorial service to JP Pct. 3 and JP Pct. 2.2 to Howell Service Corp. for the period 1 October 2003 through 30 September 2004. VOL_~-J PAGE~ Commissioners Court Agenda 29 July 2003 Page 2 12. r pi-oval of the following blanket purchase orders: For Maintenance: a. Dealers Electric - $2,000.00 b. Lowe's Company - $1,000.00 For the Jail: c. Lilly Dairy - $3,400.00 d. Butterkrust - $1,600.00 e. Glazer - $1,150.00 f. Cain's Coffee - $600.00 g. Ben E. Smith - $1,450.00 h. Performance - $4,000.00 i. Sysco Food Service - $6,300.00 j. US Foodservice - $6,300.00 k. Scarmardo Produce - $7,000.00 1. Brazos Wholesale - $600.00 m. Ray Criswell - $1,500.00 n. Ecolab - $900.00 o. Team Systems $700.00 13. Acceptance of Special Warranty Deed from Donna Townsend for improvements to a portion of Koppe Bridge Road located in Precinct 1. 14. Acceptance of a Deed (without warranty) from Albert P. Ribisi, individually and as Sole Trustee of the Albert P. Ribisi and Anne K. Ribisi 1988 Declaration of Trust for improvements to proposed I&GN Road located in Precinct 1. 15. Acceptance of a Deed (without warranty) from Mrs. Wheeler Barger for improvements to proposed I&GN Road located in Precinct 1. 16. Establishment of speed limits for Lloyd Lane. Site is located in Precinct 2. 17. Consider the Replat of Easterling Estates, 6.151 Acres, Lots 14 and 15. Block Two, Richardson Perry League, A-44, Brazos County, Texas. Site is located in Precinct 2. 18. Consider the Final Plat of Stone Creek Farms Phase 1, 37.904 Acres (Block 1, Lots 1-8 / Block 2, Lots 1-3 / Block 3, Lot 1) Richardson Perry League, A-44, Brazos County, Texas. Site is located in Precinct 2. 19. Approval of the naming of a new road to be constructed connecting North Dowling Road to Rock Prairie West. Site is located in Precinct 1. 20. Acknowledge receipt of the County Treasurer's Investment Report for the Quarter ending 06/30/2003. 21. Acknowledge receipt of additional monthly reports for June 2003. These are available for review in the County Judge's Office. 22. Announcement of interest items and possible future agenda topics. VOL ~ PAGE_ Commissioners Court Agenda 29 July 2003 Page 3 ;2?. Agency / Board / Committee reports by Court members. 24. Call for citizen input and/or concerns. 25. Adjourn. The Brazos County 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. VOL 4~ PAGE 3 COMMISSIONERS' COURT REGULAR MEETING JULY 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, July 29, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Jones gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #02/03-36.1, that would record the donation of Mobil Vision Video Camera Systems to the Sheriff's department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. VOL__q]_PAGE I'_ Commissioners Court meeting July 29, 2003 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20044227 through 20044492 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. 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 Mallard, the Court voted unanimously to approve the changes as submitted. The County Judge read aloud a Proclamation designating the month of September, 2003 as "Leukemia and Lymphoma Awareness Month". The Court joins with the State of Texas to encourage participation in voluntary activities to support education programs and the funding of research programs to find a cure for them. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court moved to proclaim the month of September, 2003 as " Leukemia and Lymphoma Awareness Month " throughout Brazos County. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current VOLq_ PAGE 5 Commissioners Court meeting July 29, 2003 3 voting year at the following voting precincts: Pct # Election Judge Alternate Judge 1 Gloria Karkoska (D) 2abc/82 Teri Metcalf (D) 4abc/79/ 73 Mike Flores (D) 5ab Jane Moore (D) lab Doug Stocks (D) 9 CH Godfrey (D) 11 Dora Shirley (D) 13 Norma Bragg (D) 15/53 Rena Cangelose (D) 14/49/ 55/57 Vincent Rosas (D) 18abc Nora Lee Wasson (D) 20 Jonathan Steed (D) 24 Audrey Bunting 25 Kathy Nichols (D) 27ab Jan Folse (D) 28b/68 Carrie Berry (D) 32 Sara Loeppert (D) 34 Joseph Wesp (D) 38 Anita Vasquez (D) 39 Maggie Charleton (D) 40 Jimmy Restive 45/44/46 //47/78/81 Evelyn Greer (D) 52/16 Bernice F. Ward (D) 63ab Mike McGuire (D) Central Count Manager Celia Goode Haddock Central Count Tabulation Manager M.J. Deen On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for June 2003. A copy of which is attached to and made a part of these minutes. The next matter before the Court was the setting of the 2003 Sheriff's and Constables' Fees. Section 118,131 of Local VOLE PAGE Commissioners Court meeting July 29, 2003 4 Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the Office of Sheriff and Constable. The County Judge moved to approve the schedule. Commissioner Peters seconded the motion. The County Judge and Commissioner Peters then amended their motion and second to include corrections noted by Commissioner Peters. The motion carried unanimously to adopt the new fee schedule to recoup the costs to Brazos County for these services. A copy is attached. The fees become effective January 1, 2004, and to remain in effect until further orders of the Court. The Court next considered awarding the annual Armored Car Service Contract. The buyer for the Purchasing Department recommended awarding the Annual Contract to First Star Transport. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Buyer and awarded the contract to First Star Transport. A copy of the tabulation sheet is attached. The Court next considered awarding the Annual Janitorial Service Contract for the offices of Justice of the Peace, Precinct 3 and Justice of the Peace, Precinct 2.2. The buyer for the Purchasing Department recommended awarding the Annual Contract to Howell Service Corporation. On motion by VOL 141 PAGE 1 Commissioners Court meeting July 29, 2003 5 Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Buyer and awarded the contract to Howell Service Corporation. A copy of the tabulation sheet is attached. The Court prodeeded to consider the following blanket Purchase Orders: Dealers Electric Maintenance $2,000 Lowe's Maintenance $1,000 Lilly Dairy Jail $3,400 Butterfrust Jail $1,600 Glaizier Jail $1,150 Cain's Coffee Jail $ 600 Ben E. Keith Jail $1,450 Performance Jail $4,000 Sysco Food Service Jail $6,300 US Foodservice Jail $6,300 Scarmardo Produe Jail $7,000 Brazos Wholesale Jail $ 600 Ray Criswell Jail $1,500 Ecolab Jail $ 900 Team Systems Jail $ 700 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Koppe Bridge Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from Donna Townsend for the expansion and VOL HI PAGE 6 Commissioners' Court meeting July 29, 2003 improvements to Koppe Bridge Road. 6 The Court next considered acceptance of a Deed (without warranty) for right-of-way on I&GN Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Deed (without warranty) from Albert P. Ribisi and Anne K. Ribisi 1988 Declaration of Trust for the expansion and improvements to I&GN Road. The Court proceeded to consider the establishment of speed limits for Lloyd Lane in Precinct 2. At a Public Hearing held July 15, 2003, the recommendation from the Road and Bridge Department was to set the speed limit at 35 miles per hour. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation and set the speed limit at 35 miles per hour. The Court next considered acceptance of'a Deed (without warranty) for right-of-way on I&GN Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Deed (without warranty) from Mrs. J. Wheeler Barger for the expansion and improvements to I&GN Road. The Court next considered approval of the Re-Plat of VOL 4 ~ PAGE 9 Commissioners' Court meeting July 29, 2003 7 Easterling Estates, 6.151 Acres, Lots 14 and 15, Block Two in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the Re-Plat of Easterling Estates, 6.151 Acres, Lots 14 and 15, Block Two as submitted. The Court next considered approval of the Final Plat of Stone Creek Farms Phase I, 37.904 Acres. Block 1. Lots 1-8, Block 2, Lots 1-3 and Block 3, Lot 1 in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Stone Creek Farms Phase I, 37.904 Acres. Block 1. Lots 1-8, Block 2, Lots 1-3 and Block 3, Lot 1'as submitted. The next matter before the Court was approval of the naming of a new road to be constructed in Precinct 1 connecting North Dowling Road to Rock Prairie West. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to name the new road Jones Butler Road. The Court acknowledged receipt of the County Treasurer's Investment Report for the quarter ending June 30, 2003. VOL_Lf ] PAGE ID Commissioners' Court meeting July 29, 2003 8 The Court acknowledged receipt of additional reports for June 2003 from County and Precinct Offices showing revenues collected and remitted to the County Treasurer. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) He and the County Judge attended a conference conducted by the Bickerstaff firm on Thursday. It covered how to look for pitfalls in contracts, Certificates of Obligation and construction. It was a very good conference with lots of material. County Judge a) He wrote a letter of support to State Senator Steve Ogden on redistricting. He asked that Brazos County not be split into two (2) districts. There were no reports under Agency/Board/Committee reports by Court members. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOLga PAGE 11 The foregoing minutes of the Commissioners Court meeting held July 29, 2003 have been examined and are approved in open Court this the day of 2003, in Bryan, Brazos ,county, Texas. _ Randy S'ms Count Judge "y Duane Peters Commissioner, Precinct 2 rey Ca ley, Jr. Commis s'0ner, Precin t Attest: 'KAren McQueen County Clerk Tonyk-Jtnes Commissio e , Precinct 1 Kenny Malla Commissione , Precin 3 VOL 41 PAGE I a BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 3 AT 9--,oo AwI z/f ~~stabfe d So VOL 4I PAGE 13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) ;"?R THE 2002-2003 BUDGET YEA] NO. 02/03-36.1 On this the 29 ° day of July 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 July 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 29`h day of July, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 4J PAGE I L PERSONNEL CHANGE OF STATUS pad COURT DATE: July 29, 2003 DEPARTMENT: Personnel PURPOSE: ARQje Personnel Change of Status aw.m DEPARI:MENT NAME EMPLOYEE NAME ACTION REQUESTED COUNTY ATTORNEY MARTIN, JR., PAUL RESIGNATION CHAPA, MICHAEL TEMPORARY TO REGULAR DISTRICT ATTORNEY HAWS, JEANNINE RESIGNATION MACAULAY, KARIN TEMP. POSITION ENDED JUSTICE OF THE PEACE BLANFORD, CALEAN NEW HIRE - PART TIME PCT. 2 PLACE 1 JUSTICE OF THE PEACE HRONEK, BRANDY COMPLETED PROBATION PCT. 3 JUVENILE SERVICES CASON, AMANDA RESIGNATION ELIZONDO, DOLORES RESIGNATION GALLS, GREGORY TRANSFER TO ANOTHER DEPT. COUNCIL, EDDIE MAE RESIGNATION LEWIS, CAROLYN NEW HIRE - FULL TIME Approved in Commissioners' Court: July 29 2003 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL_~JPAGE The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this 1'n44~_ day of A.D. 2003 Karen cQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 1)9-y-- day of Zjyl Kenny Mallard, i 'ssioner Prec ct #3 ey Caule , Commissioner P ci t #4 Treasurer's Reports for the Month of NNE 2003 as4 QUARTER ENDR G 06/30/2003 VOL `}j PAGE Q mac. 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O m O O Q U E O W pp O O ~C I j ~W > r O O J V' U 2 rn z V g ¢ V u U J N $ V f z U U' tiS ' 2 a m S O N O III O N M p Vl lp I~ W P O N .y N N p Vl W P O ; + N N p I/1 ID h O O Vl N N N N N M M M p p p p p IO p a0o C O d N L F C U N m VOL41PAGE NOTICES: SUBPOENAS ...............................................$50.00 SUMMONS $ 50.00 !;,TJT OF ATTACHMENT ...............................................$75.00 WRIT OF GARNISHMENT ...............................................$75.00 WRIT OF SEQUESTRATION ...............................................$75.00 ORDER OF SALE ..............................................$75.00 WRIT OF POSSESSION ..............................................$75.00 FORCIBLE DETAINER ..............................................$50.00 SERVICE FEES: SMALL CLAIMS CITATION ................................................................$50.00 JUSTICE COURT CITATION ................................................................$50.00 ALL OTHER COURTS' CITATIONS ....................................................$50.00 OTHER SERVICE FEES: ALL CITATIONS ....$50.00 ALL WRITS ....$75.00 POSTING OF PUBLIC NOTICE OF SALES ....$30.00 PRECEPTS ....$50.00 SHOW CAUSE ....$50.00 EXECUTING A DEED FOR REAL PROPERTY ....$40.00 EXECUTIN A BILL OF SALE FOR REAL PROPERTY ....$40.00 RESTRAINING ORDER ....$75.00 DISTRESS WARRANT ....$75.00 TURNOVER ORDERR WITH EXECUTION ....$75.00 COMMITMENT (FROM CIVIL SUITS) ....$75.00 CITATION/TEMPORARY PROTECTIVE ORDER ....$20.00 NOTICE OF APPLICATION/PROTECTIVE ORDER ....$20.00 JUDGEMENT OF NISI ....$10.00 SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE: FOR ALL SUMS $0 - $200 ...............................10% FOR ALL SUMS $200-$1000 ...............................6% FOR ALL SUMS $1000 - 5000 ...............................3% FOR ALL SUMS $5000 - UP ...............................2% If the above sums are collected without sale, one-half (1/2) of the foregoing rates shall apply. VOL q~ PAGE al BRAZOS COUNTY BRYAN,TEXAS Whereas, Subchapter F, 118, 131 of Local Government Code, authorizes the Commissioners' Court of each County to set reasonable fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners' Court has determined the fees listed below are required to recoup the costs to Brazos County for these services; Therefore, the Commissioners' Court is of the opinion that the following fees are reasonable and should be established for these services in Brazos County effective January 1, 2004, and to remain in effect until further orders of the court. These fees will be for the District Courts. County Courts Justice of the Peace Courts and Small Claims Courts NOTICES: SUBPOENAS SUMMONS WRIT OF ATTACHMENT WRIT OF GARNISHMENT WRIT OF SEQUESTRATION ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS OTHER SERVICE FEES: ALL CITATIONS ALL WRITS POSTING OF PUBLIC NOTICE OF SALES PRECEPTS SHOW CAUSE EXECUTING A DEED FOR REAL PROPERTY EXECUTIN A BILL OF SALE FOR REAL PROPERTY RESTRAINING ORDER DISTRESS WARRANT TURNOVER ORDERR WITH EXECUTION COMMITMENT (FROM CIVIL SUITS) CITATION/TEMPORARY PROTECTIVE ORDER NOTICE OF APPLICATION/PROTECTIVE ORDER JUDGEMENT OF NICI SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE: FOR ALL SUMS $0 - $200 FOR ALL SUMS $200 - $1000 FOR ALL SUMS $1000 - 5000 FOR ALL SUMS $5000 - UP If the above sums are collected without sale, one half (1/2) of the $50.00 $50.00 $75.00 $75.00 $75.00 $75.00 $75.00 $50.00 $50.00 $50.00 $50.00 $50.00 $75.00 $30.00 $50.00 $50.00 $40.00 $40.00 $75.00 $75.00 $75.00 $75.00 $20.00 $20.00 $10.00 (Plus $20 /hr per deputy after 2 Ins) (Unless Fee Mandated By State) (Each Location) 10% 6% 3% 2% foregoing rates shall apply. VOL~PAGE~ IT IS THEREFORE ORDERED, adjudged and decreed that the fees as prescribed above are hereby set by the Brazos County Commissioners' Court effective January 1, 2004 and to remain in effect until further orders of the County. VOLqJ PAGE 221) Done in open Court this the - 6;?9 day of July, 2003. cn CD 0' < w 0 y O co m N < 0 CD 0 0 3 ° (D N J CD a m 4 w 0 o w ~ CL w O_ 0 ° a O O C)23 C N E; m N_ O Cl) N w O D s O CD (D a S CD W 0 CD m w 0 w cD FU D 0 N a ~ M w L9 f7 1 N m 1 n' m O z r CO T 0 . 0 = ~ y' N m ~ w ° N m z o 0 a o m O z o z m x m o N z CD C0 0 D m m m m z ^1 o m w A D U) P P 1 M p CD CD z y /n m N o c y n ttl VOL'4~ PAGE~4 c n 3 N T. 7 0 iT CL CL cD 2 CD CD C CD 0 CD n 0 0 o ~ 0 ~ o o In"' fJ (°D N > > m O u i `A w ci 70 CD m 1 0. 0. o N N Z 0 0 f 0 Ut f W O N m O O W V O O j fj CD ~ Efl EA C - W lb ~ m O O O O N S. O O O EA yi Efl L w m p c f°ii o can O O 0 m x m m 0 x u 'D °z 7 m N ~°a> z 0 ° 7 2 z is m m m Q° H m m co m m vz cn m z0 Z _.CD cn z cn ~ ID IC ~ m m m m ~0 cn u z m z y( C (D M z z0 ~•2'm p1 cn cn m fm .11 m m m x m a m u z m -p z M Z M- 0 C z0 cn z cn M =0 m ° m m O O w 0 w 0 o~ L Q1 k p7 A ^'Y o-e+. A f9 b b w w a b N lJ C ~Oy~yy ~ y O ~ tom'' ►c y y r-i VOL 0 PAGE Z JUL-23-2003 WED 03:iS PM HOWELL SERVICE CORP. FAX NO. 9 979 775 6903 P. 02 HOWELL SERVICE, CORPORA'01IN AGREEMENT This Service Agreement ("Agreement") is effective on 10 I 0 ( 2003 ber a,:rn Howell Service Corporation ("HSC") whose address is P. O. Box 11171, College Station, Texas 17842 and Brazos 0w.aty (the client) whose address is 300 E. 26t° Street, Ste. 314, Bryan, Texas 77803. 1. The tern of this Agreement will continue in full force for one (1) year from the date hereof, and automatically extended and n ?wed on each anniversary date of the same terms and conditions, unless one of the parties shall give written notice, via certified mail, of termination at least thirty (30) days prior to such anniversary date. If timely notice is given for termination, this agreement shall expire at midnight of anniversary date. 11SC may terminate this contract immediately for nonpayment of fees due hereunder. Otherwise, this agreement may only be terminated for ton- performance as set out below in Section 4. 2. The Client desires to have HSC perform cleaning services (the "Services') at the Premises located at 100 Anderson. College Station. Texas 77840 the "Premises") in accordance with the Specifications attached hereto. 3. In consideration for the Services provided by HSC, Client will pay to HSC 376.71 + tax per month based upon the Specifications attached hereto. This fee does not include service on the following holidays: New Years Day, Easter Sunday, Thanksgiving Day, and Christmas Day. Amounts for the Services will remain unchanged for a period of one (1) year unless there is an agreed to change in the Specifications attached hereto regarding: frequency of service, size of premises and/or duties performed. A late charge of 1.5% per month (18% per annum) will be paid to HSC on any payments not received within thirty (30) days of the invoice date. Monthly billing will occur on the 15* of the current month. The Client agrees to reimburse HSC for all costs and expenses incurred in connection with the collection of past due amounts and fees due hereunder, including reasonable anomey's fees. In the event HSC breaches the Agreement, HSC agrees to reimburse Client for actual damages, but not consequential / incidental / punitive damages. 4 Before any such termination is effective, the terminating party must give the other party written notice, via certified mail, and the Agreement shall terminate thirty (30) days from the date of said notice. 5. In the performance of the Services hereunder, HSC shall maintain the status of an independent contractor with the sole authority to control and direct the performance of the details of the Services being provided by HSC. The manner means and methods of performing the Services are under the sole control of HSC so long as they are lawful. HSC will solely and entirely be responsible for HSC nets. The Services required must meet the approval of the Client and shall be subject to the Clients general right of inspection to secure the satisfactory compiabon thereof. if SC shall comply with all federal, state and the municipal laws, rules and regulations that are now or may in the future become applicable to HSC under this Agreement. Further more HSC agrees to comply with all rules, policies and standards of the Client applicable to HSC performance of the Services. HSC willaccount for and pay for its own federal and state income taxes and self-employment taxes as required by the Internal Revenue Service. 6. It is agreed that HSC will select all representatives to perform its obligations hereunder, Client warrants, covenants and agrees that during the term of this Agreement and within one hundred and eighty (180) days after termination, that Client will not employ any employees, agents, representatives, or franchisees of HSC. HSC warrants, covenants and agrees that during the term of this Agreement and within one hundred and eighty (180) days after termination, it will not employ any employees, agents, representatives or franchisees of Client. 7. HSC warrants and guarantees that services hereunder shall be provided in a professional and workmanlike manner and that the services perforated shall comply with all applicable federal, state and local government laws, regulations, and requirements, including, not limited to, applicable federal or state OSHA regulations and guidelines, governing the use of clean-up and disposal of materials used. HSC further warrants and guarantees services hereunder shall be performed by adequately trained, competent personnel. 8 During the term of this Agreement, HSC shall secure and maintain at all times during the term of this Agreement, at HSC sole expense, general liability insurance with limits not less than S 1,000,000 per occurrence with a reputable and financially viable insurance carrier, atatrang the Client as an additional insured. In addition, HSC shall secure and maintain workers compensation insurance as requested by state law. HSC agrees to ftunish Client with proof of the insurance described herein. VOL_91_PAGE 9 JUL-23-2UU3 WED U3:j7 PM HOWELL SERVICE CORP. FAH NO. 9 979 775 6903 P. 03 9 The undersigned that has executed this Agreement on behalf of 4,r Client warrants and represents that he/she has fiill authority to enter into this Agreement on behalf of the Client, and that tiie Client is the owner of the premises. This Agreement will be binding upon the parties hereto and their respective successors ante' maigns. 10. HSC agrees to indcmnify and hold harmless the Client, its officers, directors, employees and representatives from and against any liabilities, claims or damages (including reasonable attorneys' fees and court costs) ar sueg out of any act or omission constituting negligence or willful misconduct on the part of HSC, its employee's representatives or agents arising out of HSC performance under this Agreement. This section shall survive the termination of this Agreement. 11. At the option of Client and HSC, all disputes, controversies and claims of any kind arising from or relating to this Agreement will be settled through binding arbitration with the American Arbitration Association at its Bryan, Texas office. The Arbitrator's decision will be conclusive and uaatppeasable. This provision will survive the termination or expiration of this agreement. The parties hereto, impending to be legally bound, have signed this Agreement on the date below. Brazos County Howell Service Corporation 300 E. 26a Street, Ste. 314 P. U. Box 11171 Bryan, Texas 77803 College Station. Texas 77842 By:_ Title Sharon McCorquodalc Account Consultant VOLq0, PAGE 9,1 Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas T, DATE: July 23,2003 TO: Hon. Randy Sims, County Judge Hon. Tony Jones, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Couley, Commissioner Candy 6allego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 06/30/2003 Investment Report This report is made in accordance with provisions of 6ov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 1.2309 on funds invested with TexPool for the quarter ending 06/30/2003. Investment interest deposited during the quarter was $53,838.42. Year to date invested funds interest was $183,825.93. The average Earnings Credit Rate on checking account Interest during the past quarter was 1.61% netting $116,996.35 of interest earned for the quarter. Year to date checking account interest was $298,882.44. The total of interest earned year to date was $482,708.37. The weighted average maturity of the invested funds was 1 day due to the liquidity of funds invested with TexPool. Brazos County had an investment balance of $17,578,786.14 that carried a book value and market value of the same amount because all funds Invested with TexPool carry a share price of $1.00 for all participants. The July 2003 TexPool Participant Statement provided confirmation of market value and shares owned at quarter end. In May, the new Brazos County Bank Depository contract was negotiated and awarded to First American Bank. This contract provided the County with an Earnings Credit Rate of 55 basis points above the 90-day Treasury bill. The June 2003 average yield of Treasury bills (secondary market) for the 1-month, 3-month, and the 6-month maturities fell below 1%. As expected the TexPool interest rate has followed the yield curve on it's way down to a dismal 1.1973% in June. With an Earnings Credit Rate of 1.62% at the County Depository Bank It would seem prudent to move all of the County's invested funds to the Depository Bank. Depositing the TexPool invested funds In the Bank will provide safety, liquidity and enhance interest earnings by almost 40 basis points. Diversification would be an adverse issue If It were not for the fact that all County funds *posited with the Depository Bank arc 102% collateralized with securities regulated by the 'Public Funds Collateral Act'. The balances are monitored daily by both the Bank and the Treasurer's Office, ensuring that the funds are properly collateralized at all times. VOL 41 PAGE Summary of Portfolio Changes Beginning Book Value (03/31/03) Beginning Market Value (03/31/03) WAM at Beginning Date 1 Day Change to Market Value Ending Book Value (06/30/03) Ending Market Value (06/30/03) Unrealized Gain/[Loss] WAM at Ending Date 1 Day Investment interest deposited: October 2002 November 2002 December 2002 Q/E 12/31/02 $ 27,492.90 $ 22,370.50 21675.2 $ 71,538.69 January 2003 February 2003 March 2003 Q/E 03/31/03 April 2003 May 2003 June 2003 Q/E 06/30/03 YTD TOTALS $ 20,605.86 $ 18,071.95 4 $19,770.9 $58,448.75 Fund Group 1 $17,524,947.65 $17,524,947.65 $ 53,838.49 $ 17,578,786.14 $ 17,578,786.14 0.00 Checking Account Interest Earned: $ 28,712.27 $ 22,994.47 $29,738.26 $ 81,445.00 $ 34,571.91 $ 33,351.12 $ 32.518.06 $100,441.09 $ 18,191.28 $ 30,738.73+ 31,319.68 (Adjustments) $ 18,364.85 $ 28,159.38+ 2,098.93 (Adjustment) $ 17.282.36 $ 24.679.63 $53,838.49 $116,996.35 $183,825.93 298,882.44 Attached are the following reports: 1) Investments by Fund and Strategy Type 2) *Inventory Holdings Report 3) *Weighted Average Maturity and Yield Report 4) Quarterly Investment Activity Report 5) Deposited Interest Summary per Fund "Not included on this report because all finds not on deposit with the Bank are invested in TexPool and the weighted owi tye maturity is one day. To the best of our knowledge the Investment portfolio In this report conforms in all respects to the Investment Polley of Brazos County and Is being managed under the Investment strategy of said policy as approved by the Commissioners Court of Brazos County. 0-1 /i 3/2 00 3 Kay Ha ton, County Treasurer Date QCA~ 1) 3 D rri White, Chief Deputy Treasurer Date VOL~PAGE~ INVESTMEh?S BY FUND GROUP AND STRATEGY TYPE F )I-PO O D ND GROUP General Fund TexPool $ 14,426,107.62 Health Endowment Fund TexPool $ 1,327,145.08 State Lateral Road TexPool $ 6,473.69 Courthouse Security TexPool $ 205,165.43 Voter Registration TexPool $ 28,524.54 Vehicle Inventory Tax Interest TexPool $ 66,000.64 General Obligation Debt Svc. TexPool $ 818,786.02 General Perm. Improvement TexPool $ 700,583.13 *No Funds invested in Fund Group 2 at this time. BOOK VALUE OF ALL INVESTED FUN DS FOR JUNE 2003 $ 17,678,786.14 VOL_0 PAGE~0_ a O K O O Z 7 LL G IL 0 z LL VOL 4J-PAGE, J W 1 C! s ' W ' I ' N N , S ( (VV O i ' ~ ' N 0 fV N A R m ~ m p N m p M. g M N N H H N N g N M NN M N N q N M N N N N N b m ~ p~ a 0 JJ 0 G N ~ O O NN t VV N ~ yy N p O p Y < V 0 0 o I m m n m n m ¢ ¢ d- ~ N M N N N p M N N N N H N M p p M N H H N ~W~ W N N N N N M N M N N N N N N N M N N N N N N ( y f V p O m p tl ^ C M P S R N > > n ® n p p H H H M p H N N N N H H w M p N N N N N N 5 H H M N N N N H H H N H N N p p H M H H N U m m n n n ~ . m r4i n q R y c o ei e i o to y u~ . c~ . a p y ) P ~ m ~ N N ! V A N N R tl F V N N w H H H N M N N N N N M N H H N p N N ~ N ~ m 0 ' W 1~ m ' m ~ f 0 ~ N ~ Y~ ~ ' I n ~ ' ~ ' O cC Ih m 1 tV ~ m n N fG fG f0 Oi g W N M q M N M N N M N N N N N N N H M N q N H m o mmW 1 Y ' ~ p~ P m ~ tpm~ 1 1 i f~g ' ~ py P , CmJ Y ~ ^ A ' y ~ (jtlO O N f0 O N ~ C' 1 p r ~ A l0 O S F J 2 w N H w H H MN M M MN MN M N NM NN N ~ C N N O n o f 'Y a )Y Y p ~tl"~ y O ~ ~ On N I~ ' v Ai t V N n Y ~R m ! ~ qq 2Gm ~m ~i 'o~ g g dd~ n~ ~ t nt3 b: n ~n ~m W -m n 00 Y tl ~ ' tl R N H H N N H M N _ H H N N N N N H w N _ H N N C ~ . ~ ~ V~ ~ G tl dr yy ee p p p q ~~pp h ~ F b0 N ~ d ~ e ~ O Y R J ~ ~ Y ~ W f J~ ~ ~ ' Y p we ~ f we F-~ a'Y ~ F . ~ ~ ~ E 'C o~ J C - ~5 @ W i - _ F- W _ _ < m c m W Q OF b ZF N o ~ m ul l VOL _PAGE 3 2