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HomeMy WebLinkAbout2003-08-12-9:00AM-RegularBRA NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 12 AUGUST 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-26 3. Approval of funds from Contingency to replace equipment damaged by power surges, lightening strikes and the power outage of 4/15/2003. Total amount requested is $13,100.00 4. Budget Amendment 02/03-38.1 thru 02/03-38.6 5. Payment of Claims 6. Personnel Change of Status 7. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County. 8. Request for the elimination of an attorney position in the County Attorney's office, with dispersement of the allotted salary to the remaining ten (10) Assistant County Attorneys. Position currently has a budgeted County salary of $41.650.86 with a position control of Class 0505, Position 4, Group 26, Step 1. 9. The Agreement for disparate sharing of the Local Law Enforcement Block Grant monies. Brazos County's disparate share would be $27,589.00 and requires a cash match of 1/91h of the total to be contributed by the County, which would be $2,759.00. Grant application deadline is 30 August 2003. 10. The Annual Contract for Jail and Juvenile Services Department's Physician Services, with an exemption from competitive bidding for professional services and an authorization for recurring payments. Renewal contract will require a total of $47,500.00 in expenditures. VOL 4+ PAGE i 0 Commissioners Court Agenda 12 August 2003 Page 2 11. Request for approval of the purchase of Engineering Services from Sungard-Pentamation to complete the migration of the County's current financial/human resources software to the new Financials Software line item. 12. Review of Tax Refund Applications for the following: a. Kathleen T. Paienmo h. Alton E. Ofczarzak b. Pete M. Lara i. Jocob O. Pigford c. Rebekah Krueger Luza j. Carl C. Senter d. Inez Schehin k. Scott T. Armstrong e. Brooks Bradford 1. Tex-Lan-Co f. Mary Marse in. Dailon Smith g. Robert Siegert n. Arteka Johnson 13. Request for approval to reinstate the $4.00 justice court technology fee for misdemeanor offenses (this fee was suspended on 4 December 2001) 14. Request for approval of the lease agreement between the Junior League and Brazos County for use of the Brazos Center to hold their membership, board and provisional meetings. Agreement is from 1 June 2003 to 1 June 2005 for a fixed minimum rent of $600.00 per month. There are no changes in this agreement from the previous year. 15. Request for approval of $6,296.00 to purchase matrix switching units to repair the integrated video system at the Detention Center. 16. Request to renew bid #2002-008 with the Greenery for the Brazos Center's landscape maintenance service at the same cost. Contract term will be 1 October 2003 through I October 2004; renewal bid number will be 2003-038R. 17. Request to award an Annual Contract for grease trap pump out and disposal to G&L Services. Conract term will be 10/01/03 through 09/30/04 with an option to renew for a second year. 18. Request to extend the current maintenance contract for Courthouse security x-ray scanning from the current expiration date of 8/23/03 to 09/30/03, thereby adjusting the contract cycle to run concurrent with the fiscal year. L3 Communications has agreed to provide coverage for this period at $570.83. 19. Request to award an Annual Contract to Kone Elevator Service for maintenance on three (3) elevators located in the courthouse. Contract term would be 10/01/03 through 09/30/04, with an option for renewal. 20. Request to renew the Annual Contract with A-1 Fire & Security for inspection of smoke detectors at county detention centers. Contract term would be 10/01/03 through 9/30/04 with no increase in price. 21. Request for approval of a contract with The Eagle newspaper for classified advertising. 22. Request for permission to advertise for Bid #2003-045 - I&G Co. Rd. Water System improvements (Road & Bridge). V4L , PAGE i I Commissioners Court , Agenda 12 August 2003 Page 3 23. Repeal the application of the exemption for telecommwlications services sold within the county. 24. Acceptance of a Deed (without warranty) from The O.D. Butler Family Partnership, Ltd. For improvements to the proposed I&GN Road located in Precinct 1. 25. Request of a Special Warranty Deed from Patricia Brown for improvements to a portion of Koppe Bridge Road located in Precinct 1. 26. Request for Verizon to construct a road bore in the right of way of Green's Prairie Road at its intersection with Royder Road. Site is located in Precinct 1. 27. Acknowledge receipt of additional monthly reports for the month of July 2003. These are available for review in the County Judge's Office. 28. Announcement of interest items and possible future agenda topics. 29. Agency / Board / Committee reports by Court members. 30. Call for citizen input and/or concerns. 31. 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 qN PAGE111 COMMISSIONERS' COURT REGULAR MEETING AUGUST 12, 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, August 12, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 9; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The first matter before the Court was the approval of funds from Contingency to replace equipment damaged by power surges, lightening strikes and the power outage of April 15, 2003. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the transfer of $13,100.00 from Contingency to Building Maintenance. In the meantime, the Risk Manager suggested VOL W+ PAGE HI Commissioners Court meeting August 12, 2003 filing a claim on Liability Insurance. 2 The Court next considered Budget Amendment #02/03-38.1 through 38.6, which would reallocate funds for Justice of the Peace, Precinct 2, Place 2, Constable, Precinct 2, and transfer funds from Contingency to Building Maintenance, Road & Bridge, County Judge and Emergency Management. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20044712 through 20044896 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, Court voted unanimously to approve the changes as submitted. The next matter before the Court was consideration of Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County. On motion by Commissioner Jones, seconded by VOL tf 4 PAGE 113 Commissioners' Court meeting August 12, 2003 3 Commissioner Peters, the Court voted unanimously to table consideration at this time. The Court next considered a request for the elimination of an attorney position in the County Attorney's office. The County Attorney proposes to take the $41,650.86 salary from the eliminated position and disburse it among the ten (10) remaining Assistant County Attorneys. The County would see a savings in that it would no longer need to budget for the fringe benefits of health and dental insurance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was the approval of an Agreement for Disparate Sharing of the Local Law Enforcement Block Grant monies. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreement. Brazos County's cash match of 1/9th is $2,759.00. A copy is attached. The Court next considered the renewal of the Annual Contract for Jail and Juvenile Services Department's Physician Services with an exemption from competitive bidding for professional services and an authorization for recurring payments. The contract includes a $1,500.00 increase in the annual fee for additional malpractice insurance. If approved VOL q PAGE 0 Commissioners' Court meeting August 12, 2003 4 the term of the contract will begin October 1, 2003 and continue through September 30, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of contract. A copy is attached. The next matter before the Court was a request by the Information Technology Department for approval to purchase Engineering Services from Sungard-Pentamation to complete the migration of the County's current financial/human resources software to the new financials server. The cost of services is $8,250.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request for the purchase of Engineering Services from Sungard-Pentamation. The Court next consider the following applications for Tax Refund from the following individuals and/or organizations: Kathleen T. Palermo Over payment Pete M. Lara Over payment Rebekah K. Luza Over payment Inez Schehin Over payment Brooks Bradford Over payment Mary Marse Over payment Robert Siegert Over payment Alton E. Ofczarzak Over payment Jacob 0. Pigford Over payment Carl C. Senter Over payment Scott T. Armstrong Over payment Tex-Lan Co. Over payment VOL L~q P AGE 115 $1,801.60 $ 197.28 $ 65.34 $ 40.22 $ 16.61 $ 271.50 $ 8.00 $ 268.50 $ 51.26 $ 256.80 $ 6.29 $ 780.55 Commissioners' Court meeting August 12, 2003 S Dailon Smith Over payment $ 60.87 Arteka Johnson Over payment $ 8.42 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered a request for approval to reinstate the $4.00 justice court technology fee for misdemeanor offenses. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to reinstate the fee effective September 1, 2003. The Court next considered renewal of a lease agreement between the Brazos Valley Junior League and Brazos County for rental of office space within the Brazos Center located on 3232 Briarcrest Drive, in Bryan, Texas. Term of the lease is for the period of two (2) years commencing on June 1, 2003 and ending on June 1, 2005. The Junior League agrees to pay Brazos County Six Hundred dollars ($600.00) per month. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to renew the lease agreement between Brazos County and Brazos Valley Junior League for the period stated above. A copy of the lease agreement is attached. The next matter before the Court was a request for approval of a purchase order in the amount of $6,296.00 for VOL 'fi`t PAGE 116 Commissioners' Court meeting August 12, 2003 6 the repair of the video system at the detention center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase order. The Court next considered a request by the Purchasing Department to renew bid #2002-008 (to be 2003-038R) with The Greenery for the Brazos Center's landscape maintenance service. There will be no increase in cost and the term will be from October 1, 2003 through October 1, 2004. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the renewal of bid #2003-038R for landscape maintenance with The Greenery. The next matter before the Court was a request by the Purchasing Department to award an Annual Contract for grease trap pump out and disposal to G&L Services. Term of the contract is from October 1, 2003 through September 30, 2004 at a cost of $1,013.00. G&L Services was the lone bidder. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to award the Annual Contract for grease trap pump out and disposal to G&L Services and authorized the County Judge to execute the document. A copy of the tabulation sheet is attached. VOL t+4 PAGE H] Commissioners' Court meeting August 12, 2003 7 The Court next considered a request by the Purchasing Department to extend the current maintenance contract for Courthouse security x-ray scanning from the current expiration date of August 23, 2003 to September 30, 2003, thereby adjusting the contract to run concurrent with the fiscal year. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the extension. The vendor, L3 Communications has agreed to provide coverage for this period at $570.83. The Court continued with a request by the Purchasing Department to award an Annual Contract to Kone Elevator Service for maintenance on three (3) elevators located in the Courthouse. Kone Elevator was the lone bidder. The contract term would be October 1, 2003 through September 30, 2004 at a cost of $700.00. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to award the contract to Kone Elevator and authorized the County Judge to execute the document. A copy of the tabulation sheet is attached. The next matter before the Court was a request to renew the Annual Contract with A-1 Fire & Security for inspection of smoke detectors at county detention centers. There will be no change in cost of service but the contract term will be VOLE PAGE 116 Commissioners' Court meeting August 12, 2003 8 from October 1, 2003 through September 30, 2004. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to renew the annual contract with A-1 Fire & Security. The next matter before the Court was a request by the Purchasing Department for approval and execution of a contract with the Eagle for Classified Line Advertising. The contract term is for a period of twelve (12) months, beginning November 1, 2003 and ending October 31, 2004. The cost will be $.97 per line per day with a minimum of six (6) lines per issue. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract with the Eagle and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2003-045, I&GN County Road Water System Improvements. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for the I&GN County Road Water System Improvements. The Court proceeded to consider the repeal of the application of exemption for telecommunications services sold within the county. On motion by Commissioner Cauley, seconded 1 VOL 44 PAGE 01 Commissioners' Court meeting August 12, 2003 9 by Commissioner Peters, the Court voted unanimously to approve the repeal of the application of exemption. 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 the O.D. Butler Family Partnership Ltd. for the expansion and improvements to I&GN Road. 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 Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from Patricia Brown for the expansion and improvements to Koppe Bridge Road. The Court next considered the request from Verizon to construct a road bore in the right-of-way of Green's Prairie Road at its intersection with Royder Road. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by Verizon and VOL LFH PAGE 1.)b Commissioners' Court meeting August 12, 2003 authorized the installation attached hereto. 10 A copy of the request is The Court acknowledged receipt of reports for July 2003 from various County and Precinct Offices showing revenues collected and remitted to the County Treasurer. A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that the County along with the cities of Bryan and College Station are to meet on transportation issues. b) Democrat Road will be closed beginning today and will remain so for approximately four (4) months. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He met with Representative Carter on funding for transportation, air travel and radar communication. Under citizen input and/or concerns the following spoke: Ernie Laney, Information Technology Department a) Reported that Brazos County is safe from the computer virus. VOL 4q PAGE d l Commissioners' Court meeting August 12, 2003 There being no further business to come before the Court, the meeting was adjourned. VOL 4q PAGE I a The foregoing minutes of the Commissioners Court meeting held August 12, 2003 have been examined and are approved in open Court this the day of Zly , 2003, in Bryan, Brazos County, Texas. Randy Si /S Ton Jon County udge Commissiee , Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissione , Precinc 3 Ce;fp~yC7aey, JrCommiser, reci c 4 Attest: a n McQueen County Clerk VOL qi PAGE I d'3 BRAZOS COUNTY 'COMMISSIONERS COURT MEETING ON U 8' 1 200 3 AT 00 NAMF.~~-~ ORGANIZATION/DEPARTMENT lam: UL ll lV/ l T ( D-7 c F / l VOL AGE I d~F T' LF q BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-38.1 thru 02/03-38.6 On this the 12'h day of August 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 August 12, 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 12'h day of August, 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 44 PAGE I a6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.1 8/12/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 170001 650500 Dr. Building Maintenance $ 13,100.00 01 110015 611300 Cr. Contingency 13,100.00 Building Maintenance Contin enc To increase the Building Maintenance line item for the unforseen expenditures as follows: Sheriff Detention Ctr-Matrix video swithchin unit for cameras 6,000.00 Brazos Ctr-19 Ballast for parking lot lights $ 2,600.00 Courthouse air conditionin s stem-A/C pro grain board 4,500.00 $ 26,200. $ 13,100.00 FS. VOL 44 PAGE [a] BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.2 8/12/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 242012 672810 Dr. Minor Equipment $ 220.00 01 242012 606000 Cr. Office Supplies 220.00 Justice of the Peace Pct 2 PI 2 To reclassifv budget to allow the purchaser of a cordles, headset telephone. I I I I I I$ 220.00 1 $ 220.001 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.3 8/12/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 302011 678900 Dr. Minor Vehicle $ 300.00 01 302011 611100 Cr. Conference 275.00 01 302011 617300 Cr. Televhone - Long Distance 25.00 Constable Precinct 2 1 1 1 1 To reclassifv budeet to meet unanticiroated needs. I I I I I 1 1 $ 300.00 1 $ 300.00 1 VOL qq PAGE 1a9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.4 8/12/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 560010 656200 Dr. Equipment Maintenance $ 20,000.00 01 560010 658500 Dr. Tires $ 4,000.00 01 560010 611300 Cr. Contingency 24,000.00 Road & Bridge Administration To reallaocate ner 8/5/03 request. VOL_~LPAGE 1-30 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.5 9/12/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 355001 672810 DR Equipment Electronic $ 1,700.00 110015 611300 CR Contingency 1,700.00 To provide funds to allow for the purchase of a power point image system. Funds will allow for the expenditure of sufficient funds to receive maximum rant reimbursement - rant funds 50% of the departmental expenditures u to a maximum of $44,000. $ 1,700.00 $ 1,700.00 VOL 4q PAGE 131 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-38.6 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 100001 652000 Dr. Copier Maintenance $ 100.00 01 110015 611300 Cr. Contingency 100.00 County Judge To increase the repairs & maintenance classification due to the prior fiscal ears copier maintenance overage paid 7/23/03. 100.00 100.00 VOL 4`{' PAGE 132 PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: August 12, 2003 DEPARTMENT: Personnel PURPOSE: AR~rove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME .....ACTION REQUESTED TAX OFFICE HEARNE, JOHNETTE J. RESIGNATION DISTRICT CLERK HAMILTON, KIMBERLY DISCHARGED SELVERA, TAMMY PROMOTION HODGES, BETTY NEW HIRE - FULL TIME INGRAM, NATALIE NEW HIRE - FULL TIME SHERIFF'S OFFICE/JAIL DISERENS, SARAH J. RETIREMENT JUVENILE SERVICES RAMIREZ, OLGA RESIGNATION BLEDSOE, LANCE TRANSFER FROM ANOTHER DEPARTMENT BODY, OLIVA PROMOTION LOVETT, CYNTHIA PROMOTION AG. EXTENSION JOHNSON, STEPHANIE NEW HIRE - FULL TIME HUNTER, C. JACK RETIREMENT Approved in Commissioners' Court: County Judge's or Commissioner's S (This copy to be attached to minutes) VOL ~PAGE 133 BRAZOS COUNTY OFFICE OF THE SHERIF L~ CHRISTOPHER C. KIRK JIM MANN, CHIEF DEPUTY 300 E. WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, To: County Judge Randy Sims Commissioner Tony Jones Commissioner Duane Peters Commissioner Kenny Mallard Commissioner Carey Cauley, Jr. From: Jail Administrator Wayne Dicky t-), Date: Tuesday, August 05, 2003 Subject: Approval of Annual Contract for Jail and Juvenile Services Department Physician Services The annual contract for Physician Services expires September 30, 2003. I have discussed renewal with the Juvenile Services Department and Dr. Cherian. Each has agreed to the terms of the contract. This contract includes a $1,500.00 increase in the annual fee for additional malpractice insurance. If approved by Commissioners Court, the term of the contract will begin October 1, 2003 and continue through September 30, 2004 and will include the option to renew for one additional year. This contract will require a total of $47,500.00 in expenditures. The cost of inmate care at the County Jail is $36,000.00. The cost of detainee care at the Juvenile Detention Center is $6,000.00. The cost of administrative fees is $5,500.00. The administrative fees may be budgeted in the jail Physician Services Account (280020-725400) to be paid on December 15, 2003. Please place this item on the August 12, 2003 Commissioner's Court agenda for 2 approval. Please place an exemption from competitive bidding for professional services and an authorization for recurring payments on the same agenda. Contact me if you have any questions. cc: Sheriff Christopher C. Kirk OFFICE (979) 361-4100 if ADMINISTRATION (979) 361-4148 1* FAX (979) 361-4170 VOL 0 PAGE 134 CONTRACT FOR MEDICAL SERVICES Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr. Rany Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in Brazos County, Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual promises set forth below have agreed as follows: ARTICLE I JAIL SERVICES 1.01 Scone of Services The Service Provider will, upon referral from the Sheriff's Department (hereinafter referred to as "Jail") treat inmates located in the Brazos County Jail facilities operated by the Sheriffs Department. Treatment may occur both within and without the physical confines of the Jail facilities. Treatment shall include, but not be limited to, on- site emergency treatment. The Service Provider agrees to adopt and implement workplace guidance concerning persons with AIDS and HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information with regards to inmates being treated for any complaint. 1.02 Reporting Responsibilities The Service Provider, once treatment has been provided, will also be responsible for indicating any necessary therapy, additional follow-up medical treatment or additional medical referral needed to a medical specialist to cover any inmate problem the Service Provider believes would require such therapy or referral. The Service Provider will be responsible for communicating therapy or referral needs to the Brazos County Jail Administrator, or the designated agent. The Service Provider will document all treatment, need for follow-up treatment, any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in the inmate's medical rile. 1.03 Additional Services Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article III herein, include diagnostic testing, whether routine or otherwise, extended long-term medical treatment programs requiring more than a few treatments for a given malady, treatment outside the Jail for medical services provided at clinics operated by the Service Provider. ARTICLE H JUVENILE SERVICES 2.01 Scope of Services The Service Provider upon referral from the Brazos County Juvenile Services (hereinafter refe~red to as "Juvenile Services") shall treat juvenile inmates, (hereinafter referred to as "Detainees"), that are located in the Brazos County Juvenile Detention Center (hereinaf(ef referred to as "Detention"). Services are to include consultation with detention licensed vocational nurse (herein after referred to as "LVN") and juvenile probation officers (herein after referred to as "APO") on duty in Detention. Consultation may be by phone or on site. Consultation is to be diagnostic in nature to determine possible medical malady and appropriate medical course of action. Also, the Service Provider will Page 1 of 5 VOL q PAGE 135 provide physical examinations, as requested, to be conducted at the Juvenile Detention Center, for children being placed in the Juvenile Boot Camp or contract placement facilities. 2.02 Procedure JPO and LVN will routinely on a daily basis handle medical sick call in Detention except when it is beyond their expertise. When medical concerns of Detainees is beyond the ability of LVN, phone consultation with Service Provider will be initiated. If phone consultation is inadequate in both, the JPO in charge and LVN's opinion, on site medical consultation will be requested of Service Provider. 2.03 Additional Services Services to be provided pursuant to this Contract, but at an additional fee as set forth in Article HI herein, include diagnostic testing, extended long term medical treatment programs requiring more than minor intervention, testing at the Service Provider's clinics, x-rays, physical examinations in excess of the fifty annual exams as provided in section 2.01 above, lab work or emergency medical treatment in an emergency room. 2.04 Reporting Responsibilities Phone consultation will be documented by JPO/LVN in Detainees' medical file. On site consultation will require Service Provider to provide case notes in Detainees' medical file. The Service Provider will inform JPO or LVN during consultation of the need for testing, x-rays, lab work or emergency treatment. The Service Provider will communicate in writing with Juvenile Services, the Detainee's need for follow-up treatment or referral to a medical specialist or relocation for medical treatment, which communication shall be made part of the Detainee's medical file. ARTICLE HI FEES 3.01 Professional Fees For the services outlined in Paragraph 1.01, the County will pay the Service Provider Three Thousand Dollars ($3,000.00), each month services are provided, consisting of an arbitrary apportionment of $2500 representing ordinary care and $500 representing additional detailed care and record maintenance. For the services outline in paragraph 2.01, the County will pay the Provider an additional $500.00 for each month services are provided. An annual fee of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), shall be paid to the Service Provider for administration services. Additionally, an annual payment of Three Thousand and No/100 Dollars ($3,000.00) shall be paid to provider for addition Liability insurance which names Brazos County as addition insured. The administrative fee of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) and the additional insurance fee of Three Thousand and No/100 Dollars ($3,000.00) shall be paid on December 15th of the contract year. This Contract shall be from October 1, 2003 through September 30, 2004. Charges for any outside-the-Jail or outside-of-Detention treatment of inmates or Detainees, as appropriate, at any clinic operated by the Service Provider, or a physician's certificate related to a mental health commitment, or treatment of an inmate or Detainee at a hospital emergency room or for any unusual diagnostic charge, laboratory charge or physical exams of Detainees, or extended treatment program made under this contract will be either billed by the Service Provider as provided below, or by the independent laboratory or facility that provides such service. Page 2 of 5 VOL 44 PAGE )3(p 3.02 Billine The Service Provider will submit an invoice monthly, within 15 days of the end of each contract month. The Service Provider will bill the County using her standard Invoice for Services for the monthly flat rate fee. For services not covered by the Service Provider's flat fee, the Service Provider will invoice the County using her standard Invoice for Services, showing Date of Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended Total, at her standard prevailing prices, which shall also be stated on the bill. The County shall pay for services monthly. The Service Provider will not be responsible for invoicing nor handling any but the related paperwork needed for the orders for such independent laboratory or diagnostic tests as part of this agreement. ARTICLE IV ADMINISTRATION OF CONTRACT 4.01 Transportation If the Service Provider has assessed that an inmate or Detainee needs to be relocated from the Jail or Detention for medical service of any kind or for any reason, this assessment will be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, or the Superintended of Detention or Director of Juvenile Services, as appropriate, so that immediate action can be taken. The Sheriff's Department, or Juvenile Services, as appropriate, shall be responsible for initiating any paperwork which may be needed to re-locate or transport the inmate for such treatment and for the transportation to an appropriate facility. 4.02 Access to Files Once an inmate or Detainee has been referred to the Service Provider, the Service Provider will be allowed to have access to that inmate's or Detainee's personnel and medical file. Additionally, the Service Provider will have access to the medical screening documents used by JPO and LVN to access a Detainee's medical history and potential medical concerns, if such records are not part of a Detainee's personal or medical fde. A written request for such access is not required to be filed with the Sheriffs Department or Juvenile Services, as appropriate. Under ordinary circumstances, presenting an inmate or Detainee for medical treatment will be evidence of the authority for access of such records by the Service Provider. 4.03 Support While on-site, the Sheriff's Department or the JPO or LVN shall be responsible for providing the Service Provider with any reasonable support, assistance or security that may be requested. 4.04 Patient Acceptance The Service Provider is under no obligation to accept for medical treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not anticipated that this would ever be likely in the course of this contract. ARTICLE V INSURANCE Page 3 of 5 VOL 44 PAGE 13 7 5.01 Each party to this agreement is responsible for maintaining their own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. ARTICLE VI INDEMNITY 6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. ARTICLE VII INDEPENDENT CONTRACTOR 7.01 In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. 7.02 The Service Provider shall retain personal control and shall give her personal attention to the faithful prosecution and completion of the services contracted for herein and fulfillment of this Agreement. ARTICLE VIII LICENSING 8.01 The Service Provider is required to maintain all applicable licensing permits to practice medicine. Further, all permits to or certification necessary to operate the Provider's clinics shall be maintained. Copies of any applicable licenses are to be filed with Brazos County. ARTICLE IX DEFAULT Page 4 of 5 VOL 44 AGE (3g 9.01 Events of Default The following occurrences shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Contract on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. ARTICLE X GENERAL PROVISIONS 10.01 Venue The venue of this contract is Brazos County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. 10.02 Termination This contract may be terminated by either party upon thirty (30) days written notice. Such notice shall be mailed return receipt requested to the non- terminating party at the addresses listed below. 10.03 Term The term of this contract will be for twelve (12) months beginning October 1, 2003 and shall terminate on September 30, 2004. The parties are hereby given one (1) option to renew this contract for a period of one (1) year, to follow consecutively upon expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein. Any changes in the terms or conditions will necessitate the initiation of a new contract. SERVICE PROVIDER i n Rany Cherian Date BRAZOS By: 02x 3 Randy S ms, County Judge ate 401 S. Texas Ave Bryan, Texas 77803 300 East 26'h Street Bryan, Texas 77803 Page 5 of 5 VO!_ `W PAGE I-'3rl IT LEASE AGREEMENT This lease agreement which is effective as of the day of , 2003, is made by and between Brazos County, Texas, ("Lessor") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of Bryan-College Station, Inc. ("Lessee") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached hereto with such property hereinafter called the "le ased premises". 1. TERM The term of this lease shall be two (2) years commencing on June 1, 2003, and ending on June 1, 2005. II. RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefor and without any deduction or setoff as a fixed minimum rent of the sum of Six Hundred Dollars ($600.00) per month during the entire term of this lease, such amount to be referred to herein as the "Be se Rent.' Unless otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described below in consideration for the payment of the Base Rent and no other amount. B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased premises as follows: 1. At all times, the exclusive use of the office space described and designated at Exhibit "A" attached hereto. 2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as described on Exhibit "A" . 3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of general membership, board, and provisional meetings scheduled for the twelve months to follow. The Lessor shall, within two weeks of receiving the calendar of meetings, respond to the Lessee with a confirmation of the proposed schedule. Once the proposed calendar is confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the Lessor for use by the Lessee. The room set-up for these three types of meetings can be auditorium style or banquet style. If Lessee will not require the use of the requested rooms for the meetings on any given day, Lessee will give Lessor at least 30 days notice. It is generally understood and agreed by Lessor and Lessee that the general membership meetings will be held in either Assembly I, III, IV, or in Lecture/Rehearsal 102. 4. Those areas designated on Exhibit "A" as Room 105, Room 108, and Room 102 may be used for committee and council meetings at no extra charge provided the following conditions prevail: vnl. q4 PAU Pfl 1 a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises. b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly IV for two or six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. C. Lessee may schedule additional meetings utilizing Assembly I, III, and or IV on a first-come, first-served basis at the rate of $50.00 per day for each area. III. BUSINESS Lessee shall use the leased premises solely for the use and purpose for which it is let, that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein. IV. CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit "A" attached hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any improvements on or in such without the express written consent of the Lessor. V. MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment, fire protection, sprinkler system and the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance of the leased premises. Lessee shall throughout the lease term maintain the leased premises them free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. 2 VOL PAGE 142- VI. TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and governmental charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges, if any, for any and all personal property located on the above premises. VII. UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. VIII. INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all times a police of general liability insurance, including coverage for property damage, in an amount no less than $500,000.00. Lessee bears the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care of the Lessee. IX. SIGNS Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor in advance. X. INDEMNITY The Lessee agrees to and shall indemnify and hold harmless and defend the Lessor, its officers, agents, elected officials and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or damage to any property, or for any breach of contract arising out of or in connection with this lease agreement and the purposes for which this lease agreement was entered into, including but not limited to property damage, injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) the Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees, and (3) any invitees, licensees or guests of the Lessee. 3 XI. DEFAULT If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S. mail, return receipt requested, of such delinquency, or shall remain in default under any other conditions of this lease for a period of ten (10) days after written notice by U.S. mail, return receipt requested, from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of said premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor by unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. XII. ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease, and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. XIII. NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sole exception that notice of default must be delivered by U.S. mail, certified return receipt requested, addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the following addresses: Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. XV. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 4 tfnt'Nt QacF 144 XVI. AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof duly executed by the parties hereto. XVII. ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. XVIII. FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of God, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. LESSOR: BRAZOS COUNTY, TEXAS C/O THE BRAZOS CENTER LESSEE: THE JUNIOR LEAGUE OF BRYAN- COLLEGE STATION, INC. BRAZOS COUNTY, TEXAS C/O COUNTY JWME i COUNTYJUDGE DATE 5 V01 4 PACE 145 8 V ~ N O w Z_ Yr x Q U F ~ W t0 O Z 1 J _ 3 O ~ o O O Wy Y O Q 3 ( x~yy O y rib ll Z N Q W x W Q X W p Z W I W ASSM 4 co x z 2 y I Q ~ z L L G co i W ry K W 1L1 W N U Z ~7 W a L w Z U N W V W „ x Q O 0 N O O V' O Z co ~ Z W W f r~ x W W C U) Q Wit 41~ pmr 146 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid # 2002 - 059 LANDSCAPE MAINTENANCE SERVICE, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid # 2003 - 038R. I understand this agreement will be for the period beginning October 1, 2003 through October 1, 2004, with the option to renew. Attached is the tabulations sheet for this renewal. THE GREENERY /~M m Authorized Signatut i9-1--a 3 Date Len Gallagher BRAZOSCOUNTY APPROVED : Randy Sirysr, County Judge &.2D5 Date VOL 94PAGE 147 LANDSCAPE MAINTENANCE SERVICE TAE LATI.ON SHEET Vendor Total Bid Price The Greenery $ 5j;5-45.00 TrueGreen $ aB;145'00 Recomrnended'total prjcoEav rcl tq. ; TR9,98990 " t/l Yff~/to'tsTe~d CI~L- /,!:)-/-o~ Vm_ 44 PAGE 143 Jul c-t ue ua:lia ']5 communications Security B Detection Systems 11240 Wadand Drive Cypress, GA 90030-5030 USA 562-370.2423 Fax: 562-795-0505 www.1-31xrn=m PLATINUM ANNUAL EQUIPMENT MAINTENANCE AGREEMENT Customer: Brazos County- Sheriffs Office 300 E. 26e' Street, Suite 105 Bryan, TX 77803 Equipment Included: Model No. SYS 210, Linescan 210, Serial No. 59319 Period of Performance: August 22, 2003 through September 30, 2003 Schedule o Services to be provided under this agreement; • 24-1-irs/day, 7-days/week emergency repair service All necessary repair parts All service labor All travol and subsistence expenses All freight expenses Annual preventative maintenance (x-ray systems only) • Annual radiation safoty survey and report (x-ray systems only) The following price is contingent upon renewal of this maintenance agreement for one year after. Price: $570.83 plus tax if applicable Payment Terms: Annual billing, payment net 30 days Purchase Order Number: Note: Upon receipt of your invoice. Please make sum that you send your payment to correct mmft to address L-3 Detection Systems, P.O. Box 92228, Chicago, IL 606752228 and please retemnce the Cypress audruas shown at the top or this lax. Agreement Terms and Conditions: Per attached Accepted: Brazos Cou heriff ount Name: Title: _0 u r) ~11) C1 a g-, Signature Date: L-3 Detection Systems Name: Sonya Knox Title: Contract d inist for Signature: Dale: J 24 2003 p.2 VOL " PAGE )5O Jul 24 03 08:13a ANNUAL EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS 1. L3 Communication Security and Detection Systems, hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyer's authorized representative. 8-hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24-hour Seller response time will be typical in geographical locations where Seller does not have resident service engineers. As applicable to the specific maintenance agreement schedule, service actions performed by Seller will include all parts, materials, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications. Seller will not perform any modifications to die equipment without Buyer's written approval. 3. Service actions performed by Seller under this agreement will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by L3 Communication Security and Detection Systems; painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other similar devices except as specifically required for equipment repair or maintenance. Also excluded from this agreement are parts, materials, and other ancillary equipment which have been damaged due to improper handling; equipment failures resulting from installation or operation or use in any manner not in accordance with L3 Communication Security and Detection Systems instructions; equipment damage due to misuse or abuse (through negligence, accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of L3 Communication Security and Detection Systems. 4. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyer's premises in as neat, orderly, and clean collditiurr as before the soivicc was begun. Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller. 6. Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities. 7. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. 9. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this agreement. 9. Upon agreement between Buyer and Seller, Seller may perform additional set-vices beyond Seller's obligations under this agrecnnent. Such services may include, but are not limited to, p.3 VOL q4 PAGE 51 Jul 24 03 09:13a equipment installation, relocation, and re-installation. All such services, when performed, will be invoiced to Buyer in accordance with Seller's prevailing standard service rate schedule. lo. Upon completion of service, Seller's service engineer will submit the Service Call Report (SCR) to Buyer's authorized representative. The SCR will itemize the service actions performed. Buyer's authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have mi authorized representative on site Cot any reason upon completion of Seller's services, the lack of Buyer's authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 11. Cancellation during the contract poriod. in the event that other equipment supplied by L3 Communication Security and Detection Systems is replaced with the equipment under contract, the customer may cancel this contract without charge by giving written notice to L3 Communication Security and Detection Systems. In the case of a cancellation for any reason, the customer must provide L3 Communication Security and Detection Systems 90 days prior written notice of cancellation and pav L3 Communication Security and Detection Systems25% of the remaining annual contract fee as liquidated damages. L3 Communication Security and Detection Systems also reserves the right to cancel this contract without notice if the customer is in default. 12. Buyer retains the right to cancel this agreement immediately and without advance notice to Seller should Seller's services be unsatisfactory in quality or should Seller fail to perform in r accordance with the statement of services for any reason within Scllcr's control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 13. Seller will not transfer or assign its obligations under this agreement, either in whole or in part, without the prior written approval of Buyer, p.4 von 44 PAGE I NZ D 7J O D r O n G D 1 O x O z m ~p O m (D wen O 0 c m 3 m CD w- 0 < 0 ~o m o w 1 N C) 0 m 0 z a 0 - CD - CL m ~4 r m 0 D O z °o 0 m m y a z O m m m = Cl) < rm" O 0 m ~ m D m 0 m z r O y< M) m <m a z m m co D m cf) z~ c U) "a W a Co m Z 7) m m r 0 0 > Z 0 M -1 0 ' z Cl) a r ~o m z O m 9 c m Cl) m S- z =i a m z 0 a Cl) m 0 m ~ ~ C o r o ~ r y w ~ ~ c ~ ~ y z VOL 44 PAGE 153 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to extend Annual Contract for Smoke Detector inspections, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2003, through September 30, 2004. & Secuft Equ Authorized Signature BRAZOS COUNTY AP Sims, County Judge Date Date Vnf 4q p~r,~ )5q QUOTE TABULATION Smoke Detector Inspections Annual Contract 10/01/02 - 09/30/03 DESCRIPTION VENDOR ANNUAL CHARGE Inspection & Maintenance of Smoke Detectors and Fire Alarm Panels per specs. A-1 Fire & Safety $7,980.00 Fire Protection Etc. $8,876.00 Esquire Fire & Safe $68.00/Hrl Rate Central Texas Security & Fire NO BID American Fire & Safe NO RESPONSE Bobb Davis Fire Protection NO RESPONSE RECOMMEND AWARD TO A-1 FIRE & SAFETY vv, avi cv VJ 1010. YA CA"1 Wi UUZ The E E& CLASSIFIED LINE AD CONTRACT '2- O'S L0c)Y)' - (Advertiser) agree to publish a minimum of 6 lines per issue in the Bryan/College Station Eag e: at a rate of ---Y-7 cents per line per day beginning 110W o 3 and to expire on o4 for i -L onth year. Advertiser understands this contract will automatically renew for a like period of time, unless canceled, in writing, 30 days prior to the expiration of the current contract, by either party. Advertiser further understands that failure to meet requirements of contract publication days, minimum lines daily; will result in forfeiture of contract and all ads billed at open rate. The advertiser will be guaranteed a set price per line for the contract period without regard to the number of lines/inches run. This contract rate is based on nine column format. A carrying charge of 1 'h% per month will be charged on all accounts not paid in full by the 1 e day of the month following advertising Insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract, including collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment For value received, Advertiser assigns to The Eagle all rights, title and interest to all layouts of advertisements placed with The-Eagle which represent the creative effort-of,the•newspaper and/or utilizatien of its. own illustrations, labor, composition or material. Advertiser understands that because of *.said assignment, helshe cannot authorize photographic or other reproduction of any such advertising layout appearing in The Eaglein any.other.publication-without the written consent of , The Eagle. It is further understood that this assignment does not preclude Advertiser from supplying to other publications similar or identical material or information for production of advertisements by such publications or from suggesting the content or forth such advertisements. If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable basis. (Please print or type this section) ADVERTISER: b r a ~S o u rd- Address: Signed by. Persons authorized t place ads: For The Eagle V„ - (Marketing Consuittant) 1729 raiarcrmt ACCT: a (n 1 10-- J This: + U (Date of approval) P. O. Dm 3000 Brym, Texas 77805 (979) 77644" • www,thccagteeom vni- 44 PAGE 156 BRAZOS COUNTY jj - COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 12. 2003 ITEM: Request from Verizon to construct a road bore in the right of way of Green's Prairie Road at its intersection with Royder Road. Site is located in Precinct 1 SOURCE OF FUNDS: N/A 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMI D BY: Richard F. Vance, P.E. County Engineer 0003-079 This Req Date: P .ony Jones 0-1-'Denied ❑ by Commissioners' Court Randy S~rn County Judge 1101L 1--PAGE lc~,-7 verizn Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 August 6, 2003 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed underground cable line on county roads in Brazos County at Wellborn, Texas. This work is to be completed on Work Order 5416 - 3P002TL which is scheduled for August 2003. If you have any questions concerning this work, please contact Steve Young at our office in Bryan, telephone 979-821-4616 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, 9~uGte~ John Arnold Supervisor - Network Engineer JA:ec Attachment /zA C, y2 B%it~ III 4q vpn' 15u VERIZON COMMUNICATION Notice of Line Installation August 6, 2003 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: A bore is to be made at the intersection of Greens Prairie and Royder Road. Two conduits will be placed under Greens Prairie Road with tie in to manhole at this location for future uses. Greens Prairie Road is closed and under construction at this time, so Verizon will cause minimal damage and disturbance if work is preformed in the next few days. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after August 7, 2003. IZ^ON COMEgUNICATIONS 5416-31P002TL Jo n Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 L4 is9 Ll -j e <o a Z e s ` 14 a 4xOkyryY ~ ♦ _ ° L ^ - d . Oo ° YMLMnY u+ 5 # F .1 kNi xnYY tltl 4 ~ V ! e e 4 YIaY: r. Rte, O Op ~ ~ R Y ~ aC F 9R n ° . i dJ GlxyfB , sa.xzoa,equMry .R cOy'1'+r tl3NMV105YAYN MIMES CWxrr d 1 tl ~F#Y~ ySE_II#~tlpwY S7 6s tl8p Ep GE ##IItl~tl Sffi8SIIffiSRCS= S+^~N ~ E>EI£EFFi:s yy~~ ~s $C $C A.. ° acs c n y > i..I F~` ~l?il?I}1 ° vwk~~vaLcPY»f,".~?fow°_E~~~M~ iY~~°-4'-e»vv v- Ter°. °°E=u VOL lly PAGE l