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HomeMy WebLinkAbout2005-10-04-9:00AM-REGULARFILED BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT 2405 SEP 30 All: 13 _"'1ceIIN..10UNTY CLERK f .LUp C66" DRl'Att, T S L Y THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 4 OCTOBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26Tn STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 27: 3. Budget Amendment 04/05-47.1 thru 04/05-47.3 4. Budget Amendment 05/06-1.1 thru 05/06-1.2 5. Brazos County Salary Schedule for FY 2006. 6. Personnel Change of Status. 7. Payment of Claims. 8. Proclamation #05-010 establishing October 2005 as Czech Heritage Month 9. Resolution #05-007 in support of the creation of a Federal District Divisional Court in Brazos County. 10. Resolution #05-008 authorizing the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding of the Brazos Valley Narcotics Task Force. 11. Contract between Texas Voting Systems, Inc. and Brazos County for election supplies and services. Office of the County Judge • 300 East 26' St. • Suite 114 . Bryan, Texas 77803 . Fax: (979) 3614503 VOL~3 PAGE-j_ Commissioners Court Agenda 4 October 2005 Page 2 12. Request from Research Valley Partnership for approval of a Cash Incentive of $50,000.00 to StarVision, Inc., due within 60 days from 23 September 2005, the date the Economic Development Agreement was approved. 13. FY 2005-2006 Interlocal Agreements / Contracts for the following organizations: a. Easterwood Airport b. Brazos Valley Veterans Memorial c. Boys & Girls Club d. The Childrens' Museum e. MHMR Authority of the Brazos Valley f. Brazos County Soil & Conservation Dist. g. Brazos County Emergency Communications Dist. h. Research Valley Partnership i. Brazos Food Bank j. Arts Council of the Brazos Valley k. Volunteer Fire Department, Pct. I 1. Volunteer Fire Department, Pct. 2 m. Volunteer Fire Department, Pct. 3 n. Volunteer Fire Department, Pct. 4 14. Tax Refund Applications for the following: a. Era L. Brown b. J. T. Fletcher, Jr. c. James A. Meads d. Skylark Springs LLC e. Todd A. & Peggy I. Higgins £ Celestino & Cynthia Ocon g. Christopher A. Strange h. Richard H., Jr. & Gaylyn Buchtler i. Andy Ferrell j. Sam Miller Est. k. Lubin & Elizabeth Hernandez 15. Permission to advertise RFP 2006-009 Construction of Justice of the Peace Precinct 3 and Constable Precinct 3 Courtroom and Office Complex. 16. Award of Bid 2005-050 Janitorial Supplies, to Ray Criswell Distributing Company based on best overall price and one day delivery option. 17. Award of Bid 2005-035 Jail Commissary, to the following companies for specified commissary item(s): a. Bryan Wholesale b. Keefe c. Ray Criswell Distributing, Inc. d. Brenham Wholesale e. Robinson Textiles f. Millenium g. ICS h. Capital i. Bob Barker j. Uniform Manufacturing k. Quill 1. Mid-States m. Prostar n. McKee 18. Permission to advertise Bid 2006-001 Concrete. 19. Permission to advertise Bid 2006-002 Herbicides and Surfactants. 20. Permission to advertise Bid 2006-003 Equipment Lubricants. 21. Permission to advertise Bid 2006-004 Cold Mix Limestone. VOL-7 3 PAGE 2 Commissioners Court Agenda 4 October 2005 Page 3 22. Permission to advertise Bid 2006-005 Fencing Supplies. 23. Permission to advertise Bid 2006-006 Fence Building. 24. Permission to advertise Bid 2006-007 Motor Grader Blades. 25. Requests from Texcon General Contractors to contruct a road bore in the right of way of Carrabba Road approximately 800 feet from its intersection with SH 21 for water line installation to provide service to Wickson Ridge subdivision. Site is located in Precinct 2. 26'. Payment authorization in the amount of $6,050.00 to Mustang Rental Services for water truck rental for Road & Bridge projects. County purchasing policy was not followed. 27. Acceptance of a Special Warranty Deed from VRV Partners for improvements to Royder Road located in Precinct 1. 28. Acknowledgement of Texas Department of Transportation's efforts to improve FM 2154 (Wellborn Road) from 03 miles north of FM 2818 to three miles south of FM 2818, and the proposed road closures they suggest during construction to improve safety and expedite construction. 29. Acknowledgement of the Monthly Reports submitted in September 2005. These reports are available for review in the County Judge's Office. 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. 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 73 PAGE 3 FILED U05 SEP 3 0 A 11: U 3 BRAZOS COUNTY, Ito N.COUNTY CLERK f:F.AZjj LCU;iiY.ERYAN,TEXAS BRYAN,TEXAS p~ OY.)~ Y.~ ,DEPUTY NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 4 OCTOBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Proclamation 05-011 establishing the week of 3 October 2005 as Brazos Valley Cotton Week. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days prior to the meeting. To make arrangements, call (979) 361-4102. Office of the County Judge • 300 East 2e St. • Suite 114 • Bryan, Texas 77803 . Fax: (979) 3614503 VOL 73 PAGE 4 COMMISSIONERS' COURT REGULAR MEETING OCTOBER 4, 2005 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, October 4, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; 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 Peters gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Demetrios Basdekas - referred to an informal discussion on September 7 that occurred while waiting for a Public Hearing to start. The topic came up that there is a gap in communication with the state. The County and the City of Bryan have spent a lot of money upgrading communications. The County Judge asked Mr. Basdekas to please take this matter up with the State. Mr. Basdekas replied that the Judge's Vol 41-3 Page 5 Commissioners Court meeting October 4, 2005 2 response made it sound as if the belief was unfounded. Mr. Basdekas seemed appalled that the County Judge did not share his concern. The County Judge told Mr. Basdekas that he had no idea what Mr. Basdekas was referring to. The Court next considered Budget Amendment #04/05-47.1 through 47.3, which would transfer funds to Child Protective Services, and Emergency Management from Contingency, and reallocate funds for the District Clerk. 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 hereto. The Court next considered Budget Amendment #05/06-1.1 through 1.2, which would transfer funds to Jail Administration and District Attorney from Contingency and correct the budget for the Metropolitan Planning Office. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was approval of the Brazos County Fiscal Year 2006 Salary Schedule. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the schedule. A copy is attached. Vol ~ 3 Page to Commissioners Court meeting October 4, 2005 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7011511 through 7011740 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #05-010 designating October as "Czech Heritage Month". The Court joins with the State of Texas to commemorate the contributions of the Czech culture to this great state. On motion by the County Judge, seconded by Commissioner Mallard the Court moved to proclaim the month of October as "Czech heritage Month" throughout Brazos County. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #05-007 in support of the creation of a Federal District Divisional Court in Brazos County and that a copy of this resolution be forwarded to our elected representatives to Vol 15 Page Commissioners Court meeting October 4, 2005 4 demonstrate the widespread support for this needed project. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #05-008 authorizing the County Judge to make application to the Criminal Justice Division, Office of the Governor, for grant funds to fund a Brazos County, Texas Program known as the "Brazos Valley Narcotics Task Force" and to authorize the County Judge to accept such grant funds should they be tendered. The County Judge next considered the addendum to the Commissioners Court Agenda in which the Court considered Proclamation 05-011, establishing the week of October 3, 2005 as "Brazos Valley Cotton Week". The Court joins with the Agribusiness Council of the Bryan/College Station Chamber of Commerce to recognize the significance and economic impact of the cotton industry in Brazos Valley and to acknowledge the farmer who has produced the season's first bale of cotton. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to establish the week of October 3, 2005 as "Brazos Valley Cotton Week". The next matter before the Court was approval of a Contractual Agreement between Brazos County and Texas Voting Systems to provide supplies and services in connection with Vol 7 3 Page 9 Commissioners Court meeting October 4, 2005 5 the Brazos County Constitutional Amendment Election to be held on November 8, 2005. The cost to Brazos County will be $19,650.00. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to enter into contractual agreement with Texas Voting Systems. A copy of the contractual agreement is attached. The next matter before the Court was a request from the Research Valley Partnership for approval of a Cash Incentive of $50,000.00 to StarVision, Inc. due within 60 days from September 23, 2005 the date the Economic Development Agreement was approved. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to table consideration. The next matter before the Court was consideration of the fiscal year 2005-2006 Interlocal Agreements/Contracts with the following organizations: a. Easterwood Airport b. Brazos Valley Veterans Memorial c. Boys & Girls club d. The Children's Museum e. Mental Health Mental Retardation Authority (MHMR) f. Brazos County Soil & Conservation District g. Brazos County Emergency Communications District h. Research Valley Partnership i. Brazos Food Bank j. Arts Council of the Brazos valley k. Volunteer Fire Department, Precinct 1 1. Volunteer Fire Department, Precinct 2 m. Volunteer Fire Department, Precinct 3 n. Volunteer Fire Department, Precinct 4 Vol '73 Page 7 Commissioners Court meeting October 4, 2005 6 On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve all Interlocal Agreements. A copy of each is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Era L. Brown, Over Payment $75.50 b) J. T. Fletcher, Jr., Over Payment $101.36 c) James A Meads, Over Payment $69.50 d) Skylark Springs LLC, Over Payment $12,064.56 e) Todd A & Peggy I. Higgins, Over Payment $50.92 f) Celestino & Cynthia Ocon, Over Payment $145.98 g) Christopher A. Strange, Over Payment $201.73 h) H. Richard Jr. & Gaylyn Buchtler, Over Payment $13.86 i) Andy Ferrell, Over Payment $2,773.89 j) Sam Miller Est., Over Payment $10.32 k) Lubin & Elizabeth Hernandez, Over Payment $10.22 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-009, Construction of the Justice of the Peace, Precinct 3 and Constable Precinct 3 Courtroom and Office Complex. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Construction of the Justice of the Peace, Precinct 3 Vol 73 Page /D. Commissioners Court meeting October 4, 2005 7 and Constable Precinct 3 Courtroom and Office Complex. The Court next considered awarding Bid No. 2005-050, Janitorial Supplies. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Ray Criswell. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Ray Criswell. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2005-035, Jail Commissary. Pat Howard, Purchasing Agent, made the following recommendations: a) Bryan Wholesale b) Keefe c) Ray Criswell d) Brenham Wholesale e) Robinson Textiles f) Millennium g) ICS h) Capital i) Bob Barker j) Uniform Manufacturing k) Quill 1) Mid States m) Prostar On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached showing how the awards were divided. Vol 73 Page 11 Commissioners Court meeting October 4, 2005 g The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-001, Concrete. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for concrete. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-002, Herbicides & Surfactants. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for herbicides and surfactants. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-003, Equipment Lubricants. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for equipment lubricants. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-004, Cold Mix Limestone. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for cold mix limestone. Vol -73 Page 101 Commissioners Court meeting October 4, 2005 9 The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-005, Fencing Supplies. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for fencing supplies. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-006, Fence Building. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for fence building. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-007, Motor Grader Blades. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for motor grader blades. The Court next considered the request from Texcon General Contractors to construct a road bore in the right-of-way of Carrabba Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Texcon and authorized Vol -13 Page 13 Commissioners Court meeting October 4, 2005 10 the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a payment authorization in the amount of $6,050.00 to Mustang Rental Services for water truck rental for Road and Bridge projects. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the payment authorization. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Royder Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from VRV Partners for the expansion and improvements to Royder Road. The next matter before the Court was acknowledgement of a letter received from the Texas Department of Transportation, outlining plans to improve FM 2154 (Wellborn Road) from 0.3 miles north of FM 2818 to three miles south of FM 2818. The improvements involve widening FM 2154 from its current two- lane configuration to a six-lane urban divided highway with raised medians, curb and gutter and storm sewer. The contract will let in June of 2006. The Court acknowledged receipt of the Extension Service Vol 73 Page I ~ Commissioners Court meeting October 4, 2005 11 reports for July and August 2005 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff 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: Eric Caldwell, Director of the Information Technology Department a) Said that they have started on the plan for relocating the IT Department. They are relying on the vendor to make the recommendation of a physical site. Due to hurricane, they learned a lot concerning the IT Department. b) He is requesting to action process. Th computer access not former employees. Resources involved problem. modify the personnel ere are problems with being eliminated for He would like Human to help solve this County Judge Vol -73 Page 15 Commissioners Court meeting October 4, 2005 a) He received a letter from the Texas Department of Transportation indicating that there were 444 miles of county roads in Brazos County. Under citizen input and/or concerns the following spoke: Karen Hall a) Asked about expanding the agenda without printing it all, maybe put it on the website so that people wouldn't have to do an open records request. It could be kept in a binder in the County Judge's office. Kay Hamilton, County Treasurer pointed out that the claims and personnel changes of status were posted on the board in the Commissioners Courtroom. 12 Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) Mervin Peters has a big subdivision going in off of Tabor Road. The County Judge wants to set up a workshop on the topic. Mr. Peters wants to donate land to the state for a linear type park. City and County would have to sign off on the project. The City of Bryan has said that the land would not be annexed for another 25 years. There being no further business to come before the Court, the meeting was adjourned. Vol 7 3 Page l (e The foregoing minutes of the Commissioners Court meeting held October 4, 2005 have been examined and are approved in open Court this the 1044 day of 2006, in Bryan, Brazos County, Texas. Randy ms' Count Judge z:A e ~'VfiiLQ,Ut_I4t4- " Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny alla d Commissioner, Precinct 2 Commissioner, Precinc 0- 0 arey C U1 6y, Jr. Corn toner, Pre inct 4 Attest: c/&! a car McQueen County Clerk Vol 73 Page 17 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 AT "004 Yj Name Organization/Department r1 i L/ Cif l.~{vL I'6- A~4 p 6w(t N YOL-73 PAGE 19 a~~- BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2005-AT 'Oo -b-;tLka,~ Name anization/Department r Q '1.,c cc 9 / 1, ,L /A A~ <,A VOL73 PAGE I GI 43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-47.1 thru 04/05-47.3 On this the 4'h day of October 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 4 October 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and 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 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 0 day of October 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes V©03 PAGE a'D Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 47.1 10/4/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1 0100 11001500 61130000 CR Contin enc 2,500.00 -1 0100 38000100 61310000 DR Foster Care - County 2,500.00 1 1 I Child Protective Services: To urovide funds to cover the shortaee in foster care - countv line item. YOL-73 PAGE 12-1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 47.2 10/4/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 61450000 35500005 DR Misc- Katrina 25,000.00 0100 35500100 61450000 35500006 DR Misc- Rita 30,000.00 0100 11001500 61130000 CR Contingency 55,000.00 Emer enc M mt. - to increase the bud et for Katrina and Rita expend' ures VOL-13 PAGE 22 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 47.3 10/4/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20020000 61500000 DR Printin 75.00 0100 20020000 67342000 CR Minor Furniture 75.00 I (District Clerk - Collections L ITo move funds as requested by the department. VOL. 7.3 PAGE ~3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-1.1 thru 05/06-1.2 On this the 4'h day of October 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 4 October 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and 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 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4'h day of October 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Randy _Ws, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL -0 PAGE a r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 1.1 10/4/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 2800200 51440000 DR Salary- Law Enforcement 1,768.00 0100 2800200 53100000 DR Social Securit 135.00 0100 28002000 53200000 DR Retirement 194.00 0100 28002000 53800000 DR Worker's Compensation 74.00 0100 19000100 51300000 DR Salary - Staff 1,664.00 0100 19000100 53100000 DR Social Security 127.00 0100 1900010 53200000 DR Retirement 182.00 0100 1900010 53800000 DR Worker's Compensation 7.00 0100 11001500 61130000 CR Contingency 4,151.00 Jail Administration and District Attorne y - Corrections to the proposed budget were incorrect. Jail Administrator was not increased b the appropriate amount - currently at a step 7 and a roved budget is at a step 6. VOL-73 PAGE ?5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -1.2 10/4/2005 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 3000 424100 51200000 DR Salary- Dept. 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S .t p VOL 73 PAGE dl PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 4, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Auditor Lozano, Rosa Reclassification Pratt, Brian Reclassification Conkel, Megan Salary Increase Conner, Katie Salary Increase Murph, Beverly Salary Increase Bates, Amy P/R Set-up Adjstmt Deng, Fang P/R Set-up Adjstmt Garton, John P/R Set-up Adjstmt Brazos Center Berry, Vaneece III Resignation Evans, Philip New Hire Building Maintenance Ledezma, Raul Resignation Constable, Pct. 4 Carter, Hezekiah Jr. Salary Increase County Clerk Elections Hines, Jaime Salary Increase District Attorney Baker, Brian Salary Increase Brick, John Salary Increase Comte, Kara Salary Increase Flanigan, Shannon Salary Increase Granberry, James Salary Increase Howell, Doug Salary Increase Parson, Jarvis Salary Increase Phelps, Shane Salary Increase Smith, Danny Salary Increase Thomas, Ray Salary Increase Lalk, Margaret Salary Increase Schwartz, Charles Bryan Salary Increase Crenshaw, Cory Change in Position Hilburn, David Change in Position Luedke, Kristen Restructured Position VOL V PAGE ,3 D District Attorney Trujillo, Angela Restructured Position Watson, Carrie Restructured Position District Clerk Carvin, Mary New Hire Eckstrom, Bethany Salary Increase Kibler, Alissa Salary Increase Palasota, Kendra Salary Increase Justice of Peace, Pct. 2-2 Robison, Kay A Promotion Runyon, Mary I New Hire Juvenile Court Referee Luna, Aida Salary Increase Juvenile Services- Admin Herrick, Amanda Transfer to Juv Det Anders, Angela Transfer to Title IV-E Juvenile Services - Detention Dixon, Alisa Position Reclassified Pool, Beverly Left & did not return Jackson, Tyrone Position Reclassified Rice, Lenora Position Reclassified Bazy, Leroy Transfer w/in Dept Burgess, Howard Transfer to Juv Admin DeJesus, Sandra Transfer to Juv Admin Overstreet, Jeffrey Transfer w/in Dept Polk, Derrick Transfer w/in Dept Wick, Bruce Transfer Win Dept Figures, Dennis Reduction in Force Juvenile Services - JJAEP Kitchen, Thomas New Hire Magistrate Zachary, Dana Salary Increase MPO Bearden, Jennifer Salary Increase Kubicheck, Susan Salary Increase LaSut, Linda Salary Increase Road and Bridge Iverson, Charles E Salary Increase Telg, Darwin D Salary Increase Task Force Glidewell, Randy Salary Increase Ledesma, Rick Salary Increase Lucas, James Salary Increase Welch, Mike Salary Increase Young, Terry Salary Increase VOL73PAGE 3 I Tax Office Sackman, Tonia A Treasurer's Office Kornegay, Ashley Ayers, Emmer Lisa Davis, Laura Hare, Rhonda Sweeney, Ruth White, Terri Resignation Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Salary Increase Approved in Commissioners' Court: October 4 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL73PAGE 3a BRAZOS COUNTY RESOLUTION A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS IN SUPPORT OF THE CREATION OF A FEDERAL DISTRICT DIVISIONAL COURT IN BRAZOS COUNTY. WHEREAS, it is apparent that the creation of a Federal District Divisional Court in Brazos County would be helpful to business, law enforcement and the citizenry since access to a Federal Court is currently only through the Houston Division of the Southern District Of Texas, which happens to serve one of the largest population centers in the United States; and WHEREAS, the creation of a six county Federal District Divisional Court, consisting of Brazos, Grimes, Madison, San Jacinto, Walker and Waller Counties of the State of Texas would provide the citizenry of all counties with greater access to the federal court system; and WHEREAS, legislation is to be introduced in Congress creating this Federal Divisional Court; and WHEREAS, it is in the best interest of Brazos County, the Cities of Bryan and College Station and the Brazos Valley for this Federal Divisional Court to be located in these communities to serve its citizenry; NOW, THEREFORE, BE IT RESOLVED that, after hearing the history and need for the creation of this new Federal Divisional Court, the Brazos County Commissioners Court endorses this proposition, and will participate in providing appropriate support to aid in the creation of the new Federal Divisional Court. We further direct that a copy of this resolution be forwarded to our elected representatives to demonstrate the widespread support for this needed project. PASSED, APPROVED AND ADOPTED on this the q+1- day of_ (7CJ)bC,- 2005, for the purpose of supporting and endorsing this resolution to obtain a Federal District Divisional Court for Brazos County, the Cities of Bryan and College Station, Texas and for the Brazos Valley. Z Randy Sims County Judge Commis oner Lloyd Wassermann Commissioner Duane Peters Precinct 1 Precinct 2 Commissions K nny Mallet Prec t 3 ATTEST: '-"7L~t-fD~ iirTd KhFen McQueen, County Cler Corn tssioner my C Jr. ` Precinct 4 VOL-73 PAGE 33 -#~/o BRYAN. TEXAS BRAZOSCOUNTY RESOLUTION A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING A BRAZOS COUNTY, TEXAS PROGRAM KNOWN AS THE "BRAZOS VALLEY NARCOTICS TASK FORCE." WHEREAS, the Commissioners Court of Brazos County, Texas has the moral obligation to the citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in the most efficient and coordinated manner possible; and . WHEREAS, the Commissioners Court feels that the continuation of the Brazos Valley Narcotics Task Force will materially enhance the administration ofjustice in Brazos County, Texas; and WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the Governor of the State of Texas, Criminal Justice Division; and WHEREAS, the Commissioners Court agrees to provide all applicable matching monies for the said project as required by the Bdward Byrne Memorial Act Fund grant application; and WHEREAS, the Commissioners Court agrees that in the event of a loss of misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas, at its meeting on the _ day of _ ~r~(~-r, , 2005 that: 1. The Commissioners Court approves submission of the grant application to the Office of the Governor, Criminal Justice Division, for grant monies to fund the Brazos Valley Narcotics Task Force from 1 October 2005 through 31 March 2006. 2. The County Judge of Brazos County, acting on behalf of Brazos County, is authorized to apply for, accept, reject, alter, or terminate the grant. 3. This resolution becomes effective upon its adoption. Randy Sims County Judge Comm sioner Lloyd Wassermann Commissioner Duane Peters Precinct I Precinct 2 Commission enny Mallat Prec ct 3 Commis oner Carey Caul 4, Jr Precinct 4 ATTEST: -mot A e o Karen McQueen, County Clerk V©03 PAGE 3 / xemoua. ras-oae 5HE STATE OF TEXAS § COUNTY OF BRAZOS § 9f ~ i This contract made and entered into this the 4 th day of October 2005, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, and the COUNTY OF BRAZOS, State of Texas. WITNESSETH: Whereas, Texas Voting Systems, hie. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY is desirous of employing the services of Texas Voting Systems, Inc. in connection with the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION to be held on November 8, 2005 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following supplies: (a) Fifty (50) custom gathered election sets to include the five Early Voting locations, one Early Voting Ballot Board set and one Central Counting set. (b) Wire padlock seals (c) Precinct polling place supply packs as required (d) Two thousand sample ballots 11 TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) All required programming for above mentioned election. (b) Predefine eSlates (voting devices) and Judge's Booth Controllers (JBCs ) (c) Deliver, set up and pick up all equipment for the Early Vote locations (d) Deliver and pick up voting equipment to the individual precincts for election day (e) Deliver and pick up vote counting equipment to the Central Counting Station (f) Back up and reset eSlates (voting devices) and Judge's Booth Controllers (JBCs) after the election (g) Assist with Early Voting as required. (h) Assist with assembling all supplies for use in the individual precincts. (i) Assistance on election day, as required, to include the Central Counting Station. 0) Provide any consulting services before and after the above mentioned election. (k) Provide help crew on election day. V003 PAGE 35 in The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION to be held on November 8, 2005: (a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the Central Counting Station. (b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned election. (c) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places, and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services rendered and supplies provided by said corporation for the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION to be held on November 8, 2005 is NINETEEN THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($19,650.00). IN WITNESS WHEREOF, the parties have hereunto set their hands, this q th day of October, 2005. TEXAS VOTING SYSTEMS, INC. -4"C'4' ~j Hillie D. Sims Vice President ATTEST: 1karen McQueen County Clerk a:deefi s2/2W4 B Co CmA Amend Election Contract VOL7.3 PAGE 3(,P MEMORANDUM OF AGREEMENT by and between TEXAS A&M UNIVERSITY and COUNTY OF BRAZOS Cl+dxr THIS Memorandum of Agreement ("Agreement'), is effective as of the q4L day of ieniS, 2005, by and between TEXAS A&M UNIVERSITY, ("TAMU"), a member of The Texas A&M University System, for the benefit of Easterwood Airport, and BRAZOS COUNTY, TEXAS ("COUNTY"), a political subdivision of the State of Texas. WHEREAS, TAMU provides the services necessary to enable local citizens to travel by private aircraft or scheduled commercial airliner, and maintains and operates the facilities at Easterwood Airport, including but not limited to the terminal, runway and all associated safety facilities and functions, for general and commercial aviation; and WHEREAS, COUNTY finds that it is beneficial COUNTY to support TAMU's furnishing of such air travel service for the citizens of Brazos County through its operation of Easterwood Airport NOW, THEREFORE, in consideration of the mutual rights, obligations and covenants contained in this Agreement, TAMU and COUNTY agree as follows: SECTION I TERM OF AGREEMENT 1.01 This Agreement will commence on October 1, 2005 and will expire on September 30, 2006. This Agreement is renewable annually for up to a total of five (5) years, to include this agreement year, upon the mutual written consent of TAMU and COUNTY. SECTION II PAYMENT 2.01 COUNTY, for and in consideration of the services to be provided to COUNTY, agrees to pay to TAMU a flat fee of FIFTY SIX THOUSAND TWO HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($56,275.00) as a contribution to the cost of Aircraft Rescue and Fire Fighting ("ARFF") coverage on Easterwood Airport. COUNTY agrees to pay out of current revenues, the full amount due within ten days of receiving an invoice from TAMU. AL v©L-I3 PAGE 2.02 TAMU acknowledges the fee fairly compensates it for the services and functions it is to provide pursuant to this Agreement. COUNTY, in budgeting future support to TAMU acknowledges the cost for ARFF coverage escalates at the rate of 3% per year. SECTION III TERMINATION 3.01 TAMU or COUNTY may unilaterally terminate this Agreement, at any time and for any reason, by giving the other sixty (60) calendar days prior written notice delivered pursuant to Section 4.01 of this Agreement. SECTION IV NOTICES 4.01 Notices required under this Agreement must be given by certified mail, registered mail, or personal delivery, addressed to the parties listed below. TAMU and/or COUNTY can change this notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMU: Texas A&M University Department of Contract Administration MS 1260 TAMU College Station, Texas 77840 (979) 845-0097 (Telephone) COUNTY: Brazos County County Judge 300 East 266' St. Suite 114 Bryan, TX 77803 (979) 361-4105 (Telephone) SECTION V MISCELLANEOUS 5.01 Contractual Agreement: TAMU and COUNTY expressly acknowledge this Agreement is intended and should be construed as a contract by and between TAMU and COUNTY. Nothing in this Agreement is intended to create an agency relationship, partnership, joint venture, or any other such relationship. 5.02 Severability: Failure by TAMU or COUNTY to insist on strict performance of any requirement of this Agreement will not be construed as a waiver or relinquishment of such requirement in future instances, but such requirement will continue and remain in full force and effect. 5.03 Appropriation of Funds: All obligations of TAMU are subject to the appropriation of sufficient funds for such obligations by the Legislature of the State of Texas. Failure by the Legislature to appropriate funds to TAMU sufficient to continue to perform under this Agreement , relieves TAMU from the obligation to perform during the period of nonappropriation. -73 PAGE 39 5.04 Successors and Assigns: This Agreement is binding upon TAW and COUNTY and their respective successors in office or interest and assigns. This section is not to be construed as authorizing assignment by TAW or COUNTY without the express written consent of the other party. 5.05 State Agency: COUNTY expressly understands TAW is an agency of the State of Texas, and nothing in this Agreement is intended to be, or should be construed as a waiver or relinquishment by TAW of its rights to claim such exemptions, privileges and immunities as provided by law to an agency of the State. 5.06 Governing Law: This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. In addition, by statue, mandatory venue for all legal proceedings against TAW is to be in the county in which the principal office of the governing officer is located. At execution of this Agreement, such county is Brazos County, Texas. 5.07 Amendment or Modification: This Agreement may be modified or amended in writing by the mutual consent of the parties with modification being attached to and incorporated into this Agreement by this reference for all purposes. 5.08 Information Furnished By Recipient: TAW shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the COUNTY. The County's Auditor may require TAW to provide information necessary for the Auditor to properly account for all funds expended or received by TAMU. EXECUTED' this •l jtg, day of mQ -e A t n 12005, by TAMU. KTAMU" TEXAS A&M UNIVERSITY By: /~w-.~rcQ /3. MICHAEL B. H LESTON Executive Director Contracts Administration RECOMMENDED APPROVAL: Q JOHN H. HAPP, JR. Director Easterwood Airport VOL73 PAGE 3~ APPROVED AS TO FORM: DB"f AiNED SC rWz N4T'LY EDDIE D. GOSE, J.D. Associate General Counsel Office of General Counsel The Texas A&M University Sytem EXECUTED in duplicate originals this day of 2005, by COUNTY. "COUNTY" COUNTY OF BRAZOS, TEXAS By: RANDY County J ATTEST: i N MCQUEEN County Clerk CERTIFIED AS TO AVILABILITY OF FUNDS VOL 73 PAGE 4'o ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL B. HUDDLESTON, Executive Director, Contract Administration, Texas A&M University, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this `t day of 0t+() .sr/,, A.D.2005 •"•!y LORI MICHELE MERVISH C C Lf i . , State of Texan Notary Public 'rea M Commission I E . 1 ► l fl w YJ U lUl/I.t~ Notar Public State of T y U y , exas ory O 9 May My Commission Expires: 5- lip ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared RANDY SIMS, County Judge, Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of o A.D. 2003' 5. b, we d/wa Notary Public, State of Texas g 0 $1 My Commission Expires: til U2 coruasioa EEF11FR JULY 8. zoo V©L73 PAGE 41 I- Ma a V©L-73 PAGE 4'~ R' INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND TEXAS A&M UNIVERSITY This Agreement is effective as of the 1 st day of February, 2004, by and between TEXAS A&M UNIVERSITY, (hereafter referred to as "TAMU") a member of THE TEXAS A&M UNIVERSITY SYSTEM, an agency of the State of Texas, and THE CITY OF COLLEGE STATION (hereafter referred to as "COLLEGE STATION"), a Texas home rule municipality. WHEREAS, the Board of Regents of The Texas A&M University System owns Easterwood Airport, College Station, Brazos County, Texas; WHEREAS, the Board of Regents has designated the management, operation and control of Easterwood Airport to TAMU; WHEREAS, COLLEGE STATION and TAMU are committed to the promotion of the safety and health of all persons in the community within the bounds of fiscal responsibility, and WHEREAS, Easterwood Airport's location adjacent to the city limits of College Station strategically places Easterwood Airport as an ideal locale for the establishment of a fire station facility for the joint use of TAMU and COLLEGE STATION; WHEREAS, by pervious agreement between TAMU and COLLEGE STATION, the parties agreed to the establishment and operation of a joint use fire station facility at Easterwood Airport; and Page 1 of 12 A FF n:newW OGC Fik No. 2000-0000518 03-01M VOL-7,3 PAGE 43 WHEREAS, TAMU and COLLEGE STATION desire to continue the cooperative use of such fire station facility. NOW, THEREFORE, in consideration of the recitals and mutual covenants made by TAMU and-COLLEGE STATION to be respectively kept and performed, the parties agree as follows: SECTION I. PURPOSE OF AGREEMENT 1.1 The purpose of this Agreement is to establish the responsibilities of TAMU and COLLEGE STATION regarding Aircraft Rescue and Fire Fighting ("ARFF") personnel and equipment requirements, operational responsibilities, command and control of the Easterwood Joint-Use Fire Station, and the term of this Agreement. SECTION II. DEFINITIONS 2.1 Throughout this Agreement, the following words and phrases have the following meanings unless the context clearly indicates otherwise: A. Airport - Easterwood Airport, which is owned by the Board of Regents of The Texas A&M University and operated by TAMU. B. ARFF - Aircraft Rescue and Fire Fighting C. Airport Liaison: - A TAMU employee or agent trained to FAA standards, knowledgeable of airport rules and regulations, and knowledgeable of the Aircraft Rescue and Fire Fighting functions to be performed pursuant to this Agreement. D. ARFF Vehicles - Aircraft Rescue and Fire Fighting vehicles with associated equipment owned by TAMU and specifically designed for the purpose of providing Aircraft Rescue and Fire Fighting capabilities. E. COLLEGE STATION - the City of College Station, Texas. F. TAMU - Texas A&M University, a member of The Texas A&M University System. G. Emergency Alert - Emergency conditions as defined in the Easterwood Airport Emergency Plan. Page 2 of 12 AKFF.1 OGC File No. 2000-0000518 Vol 7-3 11~; 01-01-W PAGE 4`C H. Emergency Plan - The Easterwood Airport Emergency Plan currently in effect or as may be amended by mutual consent of TAMU and COLLEGE STATION. I. Fire Department - the College Station Fire Department. J. Fire Fighting Agents - A generic term used for materials such as water, foam, dry chemical, or carbon dioxide used for the extinguishment of fires. K. Fire Station - the land, facility and equipment. L. FAA - Federal Aviation Administration of the United States, or any federal agency succeeding to its jurisdiction or function. M. Incident Command - A standardized organizational structure used to command and control tactical operations needed to standardize an incident. The concept is further defined in the emergency plan. N. Joint-Use Expenses - all ordinary, direct and reasonable expenses of operating the Fire Station, other than capital expenditures. 0. Operator's Maintenance - Common maintenance such as noting obvious vehicle defects or malfunctions, checking operating fluid levels checking tire air pressure, etc. to ensure equipment is maintained in a state of readiness. P. Oreanizational Maintenance - Skilled maintenance such as those commonly performed by a technician or mechanic. Q. Rules and Regulations - rules and regulations adopted or that may be jointly adopted by TAMU and COLLEGE STATION, for the operation, maintenance and administration of the fire station. R. Unified Command System - A shared command function consisting of the COLLEGE STATION Incident Commander or designee and TAMU Director of Aviation or designee, as further defined in the Emergency Plan. SECTION III. TERM OF AGREEMENT 3.1. The term of this Agreement will be from 8:00 a.m., on the 1st day of February, 2004 to 12:00 p.m., on the 31st day of January, 2009. This Agreement may be renewed under such terms and conditions as TAMU and COLLEGE STATION may agree. Negotiations for renewal must commence no later than six (6) months prior to the expiration date of this Agreement. Page 3 of 12 ARFF mead OGC Fik No. 20060000518 03-OIM VOL73 PAGE ~S 3.2. This Agreement may be terminated by either party without specifying the cause for such termination at any time provided that up to 24 months is granted COLLEGE STATION to build or procure adequate facilities for the displaced unit(s) and crew(s) and to procure or reassign the ARFF crew(s). Thereafter, this Agreement will expire on its regular termination date if it is the desire of either TAMU or COLLEGE STATION to terminate, without cause, the relationship established by this Agreement within the initial term. 3.3. This Agreement may be terminated for cause upon ninety (90) days written notice for the following reasons: A. A material breach of any term or condition of this Agreement which remains uncured during the entire notice period. B. Lack of funds or other financial exigency on the part of TAMU or COLLEGE STATION. C. A decision on the part of The Texas A&M University System or the State of Texas to close Easterwood Airport. D. A decision on the part of The Texas A&M University System or the State of Texas to sell Easterwood Airport or otherwise transfer ownership to another airport authority. 3.4 TAMU agrees, to the extent allowed by Constitution and laws of the State of Texas, that in the event of closure or sale of airport or change in mission, this Agreement will remain in full force and effect, to the fullest degree possible, for the full term of this Agreement. 3.5 This Agreement may be terminated at any time by TAMU for material breach of any term or condition of this Agreement caused by COLLEGE STATION ARFF personnel and resulting in a limitation of air carrier operations pursuant to Special Federal Aviation Regulation, §139.343, provided notice of such termination is provided within fifteen (15) days of the incident from which the limitation arises. 3.6 Noncompliance by COLLEGE STATION ARFF personnel with FAA and Easterwood Airport rules, regulations and/or guidelines reported in writing by the Airport Liaison pursuant to Paragraph 8.3 which remains uncured during the entire notice period. No such written report by the Airport Liaison shall be construed as notice of termination. SECTION IV. FIRE STATION FACILITY AND EQUIPMENT 4.1. COLLEGE STATION expressly acknowledges a significant portion of the funds used in the construction of the Fire Station were from a grant by the FAA and as a result, certain aspects of use are mandated by FAA Rules and Regulations. Page 4 of 12 ARFF.mc OGC Filc No. 2000.0000518 05-0144 VOL 70 PAGE ~4 4.2. As part of the ARFF equipment, COLLEGE STATION agrees it is responsible for maintaining and replacing when reasonably necessary, furnishings and/or equipment for ARFF operations as set out in Exhibit "A" attached to and made a part of this Agreement. 4.3. As part of the ARFF equipment, TAMU agrees it is responsible for maintaining and replacing when reasonably necessary, furnishings and/or equipment for ARFF operations as set out in Exhibit "B" attached to and made part of this Agreement. SECTION V. PERSONNEL 5.1. COLLEGE STATION will provide a minimum of three (3) personnel to operate and respond as a structural paramedic engine company and one (1) person per each assigned twenty-four (24) hour shift to staff an ARFF vehicle. 5.2. TAMU will provide one (1) person to perform duties of Airport Liaison between the FAA, TAMU (through the Director of Aviation or designee) and COLLEGE STATION (through the Fire Chief or designee). SECTION VI. PAYROLL AND BENEFITS 6.1. COLLEGE STATION is solely responsible for salaries and associated payroll expenses, including all benefits, for COLLEGE STATION personnel employed in relation to the Fire Station and/or COLLEGE STATION's performance of this Agreement. 6.2. TAMU is solely responsible for all salary and associated payroll expenses including all benefits, for TAMU personnel employed in relation to the Fire Station and/or TAMU's performance of this Agreement. SECTION VII. INSURANCE 7.1. COLLEGE STATION agrees all property owned by COLLEGE STATION will be insured or self-insured by COLLEGE STATION and TAMU will have no liability or responsibility for loss or destruction. COLLEGE STATION will provide insurance for liability arising from the use or operation of the ARFF vehicle(s) (identified in Exhibit B) by COLLEGE STATION employees or agents. 7.2. TAMU agrees all property owned by TAMU will be insured or self-insured by TAMU and COLLEGE STATION will have no liability or responsibility for loss or destruction. Page 5 of 12 AR" mmW acc eik ne. moo. 518 03A1-04 VOL-73 PAGE ~7 SECTION VIII. COMMAND AND CONTROL 8.1. COLLEGE STATION and TAMU agree day to day operational control of the Fire Station is assigned to the College Station Fire Department Lieutenant in charge of the Structural Paramedic Engine Company and/or Emergency Operations, as appropriate. Such control will extend to all Fire Station personnel to include ARFF personnel for the express purpose of establishing daily routines and duties in the Fire Station. Direct control, to include but not limited to discipline and dismissal, of COLLEGE STATION personnel is retained by COLLEGE STATION. 8.2. Day to Day housekeeping functions will be performed by station personnel, including ARFF personnel, under the direction of the Station Lieutenant. 8.3. TAMU shall provide an Airport Liaison to ensure that the Fire Station facility, equipment and operations are in compliance with FAA guidelines and Easterwood Airport rules, regulations and/or guidelines. The liaison shall be responsible for reporting any noncompliance with such rules, regulations and/or guidelines to the COLLEGE STATION Fire Chief and the TAMU Director of Aviation. The liaison shall also facilitate communications and coordinate joint actions as contemplated by this Agreement. 8.4. The TAMU Director of Aviation and COLLEGE STATION Fire Chief shall endeavor to promulgate procedures that may be jointly adopted by each of them for the operation, maintenance and administration of the Fire Station. Any procedures so adopted shall conform to the Emergency plan which shall control in the event of any inconsistent provisions. No procedures so adopted shall in any manner change, modify or amend this Agreement. In the event of an irreconcilable difference of opinion by and between TAMU and COLLEGE STATION regarding the wording of, or subsequent interpretation, of a procedure, the matter will be presented to the Vice President for Administration for resolution. 8.5. TAMU and COLLEGE STATION agree to establish a Unified Command System as outlined in the Emergency Plan during any emergency response, drill, or exercise conducted at Easterwood Airport. 8.6. COLLEGE STATION shall provide Incident Command for any Emergency Alert that occurs at Easterwood Airport. 8.7. TAMU shall provide Command and Control of Easterwood Airport facilities and runways during any emergency at Easterwood Airport. SECTION IX. TRAINING 9.1. COLLEGE STATION agrees to train personnel provided by COLLEGE STATION in accordance with FAA and Texas Fire Commission standards. Page 6 of 12 AR"renewal 0GC File No. 3000-0000518 Vol 73 ,r PAGE 03-01-09 9.2 COLLEGE STATION and TAMU agree that requests for use of the Airport or other TAMU facilities for training, excluding the Fire Station, shall be approved in writing by the TAMU Director of Aviation or designee whose approval will not be unreasonably withheld. 9.3 COLLEGE STATION will maintain and make available for inspection at the request of the FAA and/or TAMU the training records of all ARFF personnel in accordance with the requirement s of Part 139 of the Special Federal Aviation Regulations. 9.4 TAMU agrees to train personnel provided by TAMU in accordance with FAA standards. SECTION X. OPERATIONAL RESPONSIBILITIES 10.1. COLLEGE STATION will provide fire protection, EMS (Emergency Medical Services), and hazardous materials response from the Fire Station to the Texas A&M University Main Campus (mutual aid EMS), West Campus (mutual aid EMS), Northgate, and other areas in West College Station, and areas in Southwest Bryan. In addition, COLLEGE STATION through the Structural Paramedic Engine Company will provide mutual aid assistance to the Aircraft Rescue and Fire Fighting (ARFF) function of Easterwood Airport in accordance with the Letter of Agreement contained in the Easterwood Airport Emergency Manual as amended and maintained at the Easterwood Airport Administrative Office. See Exhibit "F" attached to and made a part of this Agreement for all purposes. 10.2. COLLEGE STATION agrees to staff an ARFF vehicle provided by TAMU three hundred sixty-five (365) days per year, twenty-four hours (24) per day. 10.3. COLLEGE STATION personnel shall conduct daily inspections and perform Operator's Maintenance on the ARFF vehicle(s) kept by TAMU at the Fire Station. Such personnel shall report observed organizational maintenance needs of such ARFF vehicle(s) to the Airport Liaison, or designee. COLLEGE STATION understands the usage of ARFF vehicle(s) is restricted to Easterwood Airport operations. 10.4. COLLEGE STATION personnel shall conduct basic inspections, maintenance and certifications per Texas Fire Commission requirements on the Fire Station's breathing air system. 10.5. TAMU shall perform necessary organizational maintenance on ARFF vehicles to include replacement when necessary. TAMU acknowledges it is responsible for maintaining the ARFF vehicle(s) in conformance with FAA standards. Compliance with this requirement is the sole responsibility of the TAMU Director of Aviation. 10.6. TAMU shall replace the components of the breathing air system located in the Fire Station as required to meet Texas Fire Commission regulations. Page 7 of 12 AKFF..A PGC File Na. 3000-0000518 03-01-01 VOL13 PAGE 4 10.7. TAMU shall remain solely responsible for making any and all environmental reports required by law concerning any operation, activity, or incident occurring on TAMU owned property. SECTION XI. OPERATIONAL EXPENSE 11.1 COLLEGE STATION expressly agrees to pay TAMU 80% of the cost of operations and maintenance within thirty (30) calendar days without set off upon written notification from TAMU. 11.2 The cost of any equipment listed on Exhibit "C" of this Agreement replaced or added during the term of this Agreement will be borne 80% by COLLEGE STATION and 20% by TAMU. 11.3 COLLEGE STATION will pay for fire protection expenses, equipment costs and expenses, such as fuel and maintenance, which are specific to COLLEGE STATION's operations. 11.4 COLLEGE STATION agrees it is responsible for the replacement of fire fighting agents used during live training bums. 11.5 COLLEGE STATION shall be responsible for all expenses associated with the routine maintenance and certification costs of the Fire Station's breathing air system. 11.6 COLLEGE STATION shall be responsible for all expenses relating to training, personal protective equipment and other needs of its personnel. 11.7 TAMU shall pay COLLEGE STATION a base amount of one hundred sixty- nine thousand, three hundred seventy-two dollars ($169,372) annually, increased by three percent (3%) per annum for so long as this Agreement remains in effect for the purpose of providing ARFF functions at Easterwood Airport. Such payment shall be made no later than the I Wh business day after the effective date of this Agreement and subsequently, not later than each anniversary date of this Agreement. - 11.8 TAMU shall be responsible for the provision of and all expenses associated with organizational maintenance for the ARFF vehicle(s) as required to satisfy FAA requirements. 11.9 TAMU shall provide all fuel, oil, and other ARFF vehicle fluids. 11.10 TAMU shall provide for replacement of fire fighting agents used by ARFF equipment during any airport emergency. SECTION XII. COMMUNICATIONS Page 8 of 12 ARFF ~ OGC Fik No. 2000-0000518 0341-04 VOLIJ PAGE 60 12.1 COLLEGE STATION acknowledges it is responsible for the maintenance, and ongoing expenses for a ring-down telephone from College Station dispatch. In addition, COLLEGE STATION will provide communication as listed in Exhibit "D" attached to and made a part of this Agreement for all purposes. The parties agree Exhibit "D" may be amended and modified by written Addendum as required. 12.2 TAMU will provide and pay for one ring-down circuit between the Air Traffic Control Tower and the Fire Station. In addition, TAMU agrees to provide communications equipment listed in Exhibit "B" attached to and made a part of this Agreement for all purposes. The parties agree Exhibit "E" may be amended and modified by written Addendum as required. SECTION XIII. CONTRACTUAL AGREEMENT 13.1. COLLEGE STATION and TAMU expressly agree this Agreement is intended to be and should be construed as a contractual document, by and between TAMU and COLLEGE STATION. The covenants and agreements contained in this Agreement remain in full force and effect and will not be merged or extinguished by any subsequent act of the parties except modification of any Exhibit. SECTION XIV. SEVERABILITY 14.1 The failure of TAMU or COLLEGE STATION to insist, in one or more instances, on strict performance of any of the requirements of this Agreement will not be construed as a waiver of relinquishment of such requirements in future instances, but will continue and remain in full force and effect. SECTION XV. SUCCESSORS AND ASSIGN 15.1 This Agreement is binding upon COLLEGE STATION and TAMU, their respective legal representatives, successors and assigns. SECTION XVI. NOTICES 16.1 Any notices, approval, consent, or communication by one party to another must be in writing and may be by personal delivery or registered or certified United States Mail, properly addressed to the respective parties as follows: Page 9 of 12 ARFF.1 OW Fik N.. ]000-0008518 03-01-00 VOL 73 PAGE ti "TAMU": Director of Aviation I McKenzie Terminal Blvd., Suite 112 College Station, Texas 77845 (979) 845-5103 jhanp0gamu.edu fax (979) 845-5168 with copy to: Vice President for Administration 218 Administration Building College Station, Texas 77843-1247 (979) 845-1911 j ane-schneiderCa)tamu.edu fax(979)845-5406 "COLLEGE STATION": Fire Chief 1207 Texas Avenue S College Station, Texas 77842 (979) 764-3859 daiordano(a)ci.college-station.tx us fax (979) 764-3403 with copy to: City Manager 1101 Texas Avenue S College Station, Texas 77842 (979) 764-3510 tbrvmerna,ci.college-station tx us fax (979) 764-3481 SECTION XVII CIVIL LIABILITY AND INDEMNITY 17.1 COLLEGE STATION and TAMU expressly acknowledge and agree that all activities conducted by COLLEGE STATION at Easterwood Airport pursuant to this Agreement constitute or shall be construed as fire protection services for which TAMU would have been responsible for furnishing in the absence of this Agreement. TAMU expressly acknowledges and agrees notwithstanding any contrary provisions herein, that it is solely responsible for any civil liability that arises from furnishing of those services in accordance with and pursuant to TEXAS GOVERNMENT CODE §791.006, regardless of whether the services are provided in whole or in part by COLLEGE STATION under this Interlocal Agreement. SECTION XVIII. STATE AGENCY Page 10 of 12 ARFF .1 OGC File No. 3000-0000516 03-01- V003 PAGE 5a 18.1 COLLEGE STATION expressly acknowledges TAMU is an agency of the State of Texas and TAMU acknowledges COLLEGE STATION is a Texas municipality. Nothing in this Agreement will be construed as a waiver or relinquishment by TAMU or COLLEGE STATION of its right to claim such exemptions, privileges and immunities as may be provided by law. EXECUTED by TAMU in duplicate originals this bl~!- day of t4r-;)~: 1 , 2004, by a duly authorized officer. "TAMU„ UNIVERSITY By; o I rr RO ERT M. GA President and CEC RECOMMEND APPROVAL: CHARLES A. IPPIAL, SR. Vice President for Administration APPROVED AS TO yFORM ONLY: V C. LAY Senior Staff Attorney Office of General Counsel The Texas A&M University System Page 1 I of 12 AUF n &l OGC Fik No. 20pP0000519 03-01-0 VOL-73 PAGE 63 EXECtgED by COLLEGE STATION in duplicate originals this 6-, 1 day of i(or- ~QynJ 2004, by a duly authorized officer. CITY OF COLLEGE STATION BY: , Ro Silvia, Mayor Date: 9 -&J! - oy ATTEST: Connie H oks, City Secretary Date: O / APPROVED Thomas E. B"iR'er~City Manager Date: ~ -pV City Attorney Page 12 of 12 V003 PAGE 5T EXHIBIT "A" MISCELLANEOUS' EQUIPMENT PROVIDED BY COLLEGE STATION 1. One mobile VHF radio 2. One portable VHF radio 3. Uniforms for personnel 4. Protective clothing (3 sets) 5. Three pagers 6. Aluminized protective clothing (6 sets) Exhibit "A" Page Al of Al ARFF =mat OOC File No. ]000-0000518 03-01-0/ VOL-73 PAGE 66 EXHIBIT "B" MISCELLANEOUS EQUIPMENT/PERSONNEL PROVIDED BY EASTERWOOD AIRPORT 1. Two ARFF vehicles and associated equipment 2. One personnel to function as liaison between College Station Fire Department and Easterwood Airport staff. Exhibit "B" Page BI of B1 ARFF..I OOC Fik No. 2000-0000518 03-01-01 V©L-73PAGE 5(0 EXHIBIT "C" EQUIPMENT (Replacement 80/20) 1. Wall mounted metal shelving with firefighting gear accessories (firefighting gear venting) (24 unites) 2. Projection Screen, Manual, above ceiling 3. TV mounting brackets, wall hung (TV not in contract) 4. Dishwasher, under counter 5. Beds (8 each) plus other bedroom furnishings 6. Dining room furnishings 7. Lounge/Dayroom furnishings (Television, VCR, VCR Tape Cabinet, Couch, Lounge Chairs, Lamps, End Tables) 8. Microwave-HD 9. Fitness room equipment 10. Carousel with remote projector, plus slide trays 11. Chairs for Training Room 12. Tables for Training Room 13. Cooking range (heavy duty residential/oven) 14. Refrigerator/freezer and ice maker 15. Overhead projector 16. First-aid equipment 17. Washer (heavy duty industrial) 18. Dryer Exhibit "C" Page C1 of Cl A0.F mmal OGC File No. 20060000518 03.01-09 VOL ~3 PAGE 57 EXHIBIT "D" COMMUNICATION EQUIPMENT PROVIDED BY COLLEGE STATION 1. One (1) vehicle, 800 mh2 base com radio - for ARFF vehicle 2. Computers 3. Radio Base Station 4. Radio antennae 5. UPS Backup Power Supply 6. Alerting Equipment 7. Radio battery charging banks 8. Telephone 9. Fax machine 10. Ring down telephone from city dispatch 11. Fixed communications tower. Exhibit "D" Page DI of Di ARFF rtnewal O C Filc No. 2000-0000518 0}01-04 V003 PAGE 5g EXHIBIT "E" COMMUNICATION EQUIPMENT PROVIDED BY EASTERWOOD AIRPORT 1. Direct telephone line from air traffic control tower to ARFF station 2. Two hand-held or vehicle mounted VHF radios - tower frequency for CSFD vehicles (if two vehicles are permanently assigned. 3. Two truck-mounted VHF radios in Easterwood Airport ARFF vehicles. Exhibit "B" Page El of El ARFF..e OGC File N., ]000.000051a OMI1 VOL 1-3 PAGE 5 q EXHIBIT 4`F" EASTERWOOD AIRPORT EMERGENCY OPERATIONS PLAN LETTER OF AGREEMENT EASTERWOOD AIRPORT EMERGENCY OPERATIONS PLAN LETTER OF AGREEMENT PURPOSE: This document constitutes the emergency operations plan of Easterwood Airport and will outline prescribed procedures, to.the extent practical, to be used in the event of an aircraft accident, emergency, or potential emergency on the Alrport. In addition to fulfilling the requirements of 14 CFR Part 139.325, Airport Emergency Plan, this document also serves as a functional area annex to Texas A&M University's Emergency Plan. The plan establishes the operational organization and assignment of responsibilities for akaraft accidents/Incidents and other airport emergencies. All emergency conditions cannot be anticipated. If an emergency arises that Is not covered by this plan, the Director of Aviation has the authority to modify the plan, as required. This plan will be provided to all agencies listed below, and revisions will be made as required. Aircraft accidents occurring off Airport property will be the responsibility of the agency(s) having Jurisdiction. a Director of Security . Texas A&M University Hospital-Representative St Joseph Regional Health Center e m Director, E Wrimentai Health & fety Texas A&M nlverslty Hospital Representative( College Station Medical Center FAA APPROVED APR 2 5 2001 Vi Exhibit "F" Page Fl of F2 ARFF revel OGC File No. 2000-00 W 5I8 03-01-04 V©L-73 PAGE 6 ) Easterwood Airport Eastenvood Air Traffic Control Tower Fire Chief College Station Fire Department Pog o College Station Police Department rgency Mana ement Coordinator Brazos County, Intedurisdlctional Mire Chief Oryan Fire Department P lice Chief Bryan Police Department FAA APPROVED APR 2 5 2001 vii Exhibit' F" Page F2 of F2 ARFF renewal OGC File No. 20W-000051a 05-01-0 VOQ3 PAGE (f I b AGREEMENT STATE OF TEXAS COUNTY OF TEXAS KNOW ALL MEN BY THESE PRESENTS Odobc. THIS AGREEMENT, made and entered into this day of-Septeml5hr, 2005, by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent and officer, hereinafter referred to as BV VM, and the County of Brazos, State of Texas acting by and through its County Judge, duly authorized to act, hereinafter referred to as County. WITNESSETH: WHEREAS, Article 3, Section 52-a of the Constitution, Section 381 of the Local Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage in economic development activities; and WHEREAS, a primary focus of economic development inquires is the quality of arts programs in a community; and WHEREAS, BV VM provides a public art memorial for residents and non-residents of the COUNTY to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education, and general welfare of the citizens of the State of Texas require promotion and education about the performing, dramatic, visual, and literary arts; and VOL -73 PAGE 6a WHEREAS, said Article permits COUNTY to provide funding for cultural education facilities, and is to be liberally construed; and WHEREAS, BVVM provides a places for education and outreach for the Brazos Valley citizens, and WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise zones, and, WHEREAS, BVVM through its programs has provided benefit to Brazos County, Texas attracting over 250,000 visitors, and resulting in significant purchases of goods from Brazos County merchants; and WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides for historic preservation; and WHEREAS, other programs provided by COUNTY are directly benefited by BVVM and its programs. NOW, THEREFORE, COUNTY and BVVM hereby agree as follows: 1. BVVM through its funding and support of a memorial for all veterans agrees to provide the above enumerated services which it has provided and agrees to continue to engage in support of veterans. H. COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to BV VM a lump sum payment of TWENTY THOUSAND DOLLARS ($20,000) for the year beginning October 1, 2005 and ending September 30, 2006. BVVM agrees to provide an account of how the $20,000 was distributed to meet the above described services. V©L73 PAGE 0 BVVM hereby agrees to hold COUNTY, its officers, agents, servants, and employees harmless from any loss, damage, injury or claim arising from any negligent act during the course of its operations. CC[bbv- WITNESS OUR HANDS this 4-0-- day of September, 2005 BRAZOS VALLEY VETERANS MEMORIAL, INC By " - General I!ynn Stuart, resident BY: Gen- e~Jones, V (de President BRAZOS By: County Judge CERTIF A TO AVAILABILITY OF FUNDS: By: County Auditor VOL B PAGE 4 4 G BRAZOSCOUNTY BOYS & GIRLS CLUBS OF BRAZOS VALLEY PARTNERSHIP AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS This agreement, entered into this day of Ock ber- , 2005, by and between Brazos County, hereinafter called the "County", and Boys and Girls Clubs of the Brazos Valley, hereinafter called "Club". NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties hereto mutually agree: TERMS OF AGREEMENT: The term of this agreement shall for a period of approximately one year beginning on the date of the execution of this agreement and terminating on September 30, 2006, at which time the agreement will be reviewed, subject to satisfactory operation under this agreement and mutual agreement of both parties. INFORMATION FURNISHED BY THE CLUB: The Club shall fiunish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the Club. PURPOSE: The purpose of County shall be to provide opportunities for youth to grow as productive citizens of our communities. INTRODUCTION: The Club conducts youth programming and activities within Brazos County. THEREFORE: Both the County and Club enter into a cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations. BRAZOS OiJ~ By: / Ti It e q 0&ibe, .2a:G- BOYS & GIRLS CLUB OF BRAZOS VALLEY By: Title Date (Date VOL73 PAGE 65 d Brazos County The Children's Museum of the Brazos Valley Partnership Agreement THE STATE OF TEXAS COUNTY OF BRAZOS This agreement, entered into this day of , 2005, by and between Brazos County, herinafter called the "County", and The Children's Museum of the Brazos Valley, hereinafter called "Museum". NOW THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties hereto mutually agree: TERMS OF AGREEMENT: The term of this agreement shall for a period of approximately one year beginning on the date of the execution of this agreement and terminating on 30 , 2006, at which time the agreement will be reviewed, subject to satisfactory operation under this agreement and mutual agreement of both parties. PURPOSE: The purpose of County shall be to provide funds that support a child-centered, hands-on, interactive environment that promotes discovery programs and learning opportunities for children. INTRODUCTION: The Museum offers child-centered, hands-on exhibits and educational programs for children and their families in an exciting, interactive environment. THEREFORE: Both the County and the Museum enter into a cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations. THE CHILDREN'S MUSEUM OF THE BRAZOSS VALLEY By: 'Mai -J Executive Director VOL-73 PAGE 6. Contract for FY06 Between Brazos County and MHMR Authority of Brazos Valley The fund amount being requested of $80,000 will be used in the following programs: PROGRAM JUSTIFICATION DS STED Early Childhood Local "Maintenance of Effort" $50,000 Intervention Program are required local dollars to mat t $1,401,765 in Federal and state dollars Rehabilitation Case Part of the local match requirement $9,000 Management (7 % for FY 05). Administration/Authority Most of our grants and state dollar $21,000 allocations are for direct service only and require local administrative support dollars (7% for FY05). Total local administrative funds required are $83,325. We receive an additional $52,800 from other cities and counties. TOTAL REQUEST $80,000 Attached is our Directory of Services brochure which describes the services provided by program. We agree to furnish any information requested by the County Auditor, including documentation of the use of funds received by the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. This contract will commence September 1, 2005 and end August 31, 2006. Respectfully ar,oj wcom Date Authority of Brazos Valley dorable Randy Sims Date Judge, Brazos County VOL73 PAGE 4~ A Contractual Agreement Brazos County Soil & Water Conservation District And Brazos County Commissioners Court Brazos County Soil and Water Conservation District #450, hereinafter called the District, and Brazos County Commissioners Court, hereinafter called the County, does hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The Brazos County S WCD as the recipient shall fiunish to the County's Auditor, at a minimum, documentation indicating the use of fiords received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all fiords expended or received by the entity. Those services will include, but not be limited to, erosion control, water management, and rural development. This will be carried out by plarming and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service. Erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources. Water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procediaes, precision land leveling, and underground pipelines. Water management includes floodplain management. The District's role in Rural Development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system The District is evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented Water quality in rural Brazos County will be greatly enhanced if this method can be used VOL73 PAGE 0 The District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. The District contracts to the Brazos County to provide the above services for 2006 FY for $5,500.00. I-as=mss (DATE) _J %2S Z-/- Preston I ffmo Chairman Brazos County SWCD #450 VOL73 PAGE &K Brazos County, Texas a _ AGREEMENT THIS AGREEMENT is entered into this 44(- day of (JL-bcr 2005 A.D., by and between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications District (District) pursuant to the authority of the Texas Interlocal Government Cooperation Act, Article 4413(32c), V.T.C.S. WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section 722.301 et seq., Texas Health and Safety Code, the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually beneficial for the County and the District to enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made hereinafter, the undersigned parties agree as follows: Effective October 1, 2005, the District is hereby appointed the emergency communications dispatching authority for the Brazos County Sheriff s Office, Volunteer Fire Departments and Constables for the period October 1, 2005, through and including September 30, 2006. The District shall be responsible for providing a functioning computer aided dispatch system to the County. The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. VOL 73 PAGE 0 i. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of three hundred seventy three thousand five hundred ten and N01100 DOLLARS ($373,510.00), payable in twelve monthly installments. The County shall pay the full amount due within ten days of invoice from the District. All payments shall be subject to the Texas Prompt Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. At no time shall the County's portion of the District's reserve fund exceed a three (3) month operating reserve. The District shall report this reserve balance each year as a part of the budget approval process. The District shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the District to provide information necessary for the Auditor to properly account for all funds expended or received by the District. District employees shall not be considered as County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate Agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with the Texas Emergency Telephone Number Act, Section 772.301 et seq., Texas Health and Safety Code. Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this agreement. 2 VOL 7 3 PAGE 70 T Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agents for any required documentation to implement the intent of this Agreement. This agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this agreement. This agreement may be terminated by either party upon 90 days advance written notice to the non-terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro-rated to the date of termination. The County shall have no right to a refund of any monies contributed to the District's reserve fund prior to the date of termination. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County County Judge PO Box 111 300 East 26°i Street Bryan, Texas 77803 V0Q3 PAGE-7( Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agents for any required documentation to implement the intent of this Agreement. This agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this agreement. This agreement may be terminated by either party upon 90 days advance written notice to the non-terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro-rated to the date of temnination. The County shall have no right to a refund of any monies contributed to the District's reserve fund prior to the date of termination. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County County Judge PO Box 111 300 East 260' Street Bryan, Texas 77803 3 VOL7.3 PAGE W h THE STATE OF TEXAS COUNTY OF BRAZOS AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE RESEARCH VALLEY PARTNERSHIP, INC. THIS AGREEMENT is made and entered into the q+L- day of_~ 2005, b and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "COUNTY"), and the RESEARCH VALLEY PARTNERSHIP, INC., a Texas non-profit corporation (hereinafter referred to as "RVP"). RECITALS: WHEREAS, the Commissioners Court of the COUNTY desires to stimulate business and commercial activity in the County by developing an economic incentive program; and WHEREAS the COUNTY wishes to contract with RVP to provide or cause to be provided, certain economic development services in furtherance of the COUNTY's statutory goals pursuant to TEX. LOC. GOV'T CODE ANN. §381.004, as amended, and to administer the COUNTY's program for local economic development (herein the County's Economic Development Program); and WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the COUNTY to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, it is desirable, productive, and economical to work towards this goal through an agency with specific expertise in this field; and WHEREAS, the COUNTY desires to contract with the RVP for such business and industrial development services; and WHEREAS, the RVP is a countywide non-profit corporation whose purpose is to accomplish all the above stated objectives; and WHEREAS, the COUNTY has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. VOL 73 PAGE Page /of8 NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the COUNTY and RVP agree as follows: ARTICLE I Qualifications of the RVP 1.1 The RVP represents that: (a) The RVP is a non-profit entity that is authorized to promote economic development in all or a portion of the County; (b) The RVP is engaged in an on-going effort to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County; (c) The RVP shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE II Definitions 2.1 "Economic Development Guidelines" means those financial criteria used to determine qualification for receiving Incentive Funds as set out in Exhibit "A" attached hereto and made a part hereof for all purposes. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the COUNTY and any Employer/Business to receive Incentive Funds. 2.3 "Program Projects" means individual uses of the Incentive Funds, or a portion thereof, to provide incentives or assistance to Businesses/Employers which results in the public purpose of economic development, diversification, expansion, and employment being served. 2.4 "Program Standards" means standards that an Employer/Business must meet in order to qualify for Incentive Funds as set out in Article 6.2 hereof. ARTICLE III Term 3.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2004, and ending on September 30, 2005, (the "Present Term"), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. ~7 Page 2 of 8 V003 PAGE F ARTICLE VII Board of Director Approval 7.1 No Program Project may be recommended to the COUNTY except upon a favorable vote of the RVP Board of Directors in accordance with its current bylaws and procedures. 7.2 Exceptions to Program Standards or the dollar limits in this section requires 75% (9 of 12) approval of the RVP Board of Directors. ARTICLE VIII Accounting 8.1 Upon the request of the COUNTY, the RVP shall provide within 90 days after the close of the RVP's fiscal year, an audited financial accounting or an internal audit financial report of the RVP. 8.2 Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Audition to properly account for all funds expended or received by the entity. ARTICLE IX Miscellaneous Terms 9.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Randy Sims, County Judge Brazos County Courthouse 300 E. 26`' Street, #114 Bryan, Texas 77803 Notice to the RVP shall be sent to: Celia Goode-Haddock, Chairman of the Board Research Valley Partnership, Inc. 4001 East 29`s Street, Suite 180 Bryan, Texas 77802 Page i of 8 V00 PAGE~5 9.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 9.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 9.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 9.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture or partnership and that neither party shall have the authority to bind or incur liability to the other. Furthermore, the RVP shall not be an employee or agency of the COUNTY, but rather, is an independent contractor. 9.6 Applicability of Texas Law. The laws of the State of Texas shall govem this Agreement, except where clearly superseded by federal law. 9.7 Venue. The place of performance of this Contract is Bryan/College Station, Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Bryan/College Station, Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Bryan/College Station, Brazos County, Texas. Disputes under this Agreement will not be submitted to arbitration. 9.8 Entire Agreement and Binding Authority. This Contract supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Contract and is binding on the parties and their successors, agents and assigns. 9.9 Waiver. No waiver by either party of any provision of this Contract shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Contract the respective parties for which they sign. BRAZOS COUNTY, TEXAS RESEARCH VALLEY PARTNERSHIP, INC. By: By: Randy ms, County Judge Celia G ode - Haddo , Chairman of the Board Page 8 of 8 V00 3 PAGE-7 BRAZOS COUNTY BRAZOS FOOD BANK, INC. PARTNERSHIP AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS This agreement, entered into this 4+k day of Llkbr_r by and between Brazos County, hereinafter called the "County", and the Brazos Food Bank, Inc., hereinafter called the "Food Bank". NOW, THEREFORE, in consideration of promises, covenants, terms and conditions herein contained, the parties hereto mutually agree: TERMS OF AGREEMENT: The term of this agreement shall be for a period of approximately one year beginning on the date of the execution of this agreement and terminating on September 30, 2006 at which time the agreement will be renewed, subject to satisfactory operation under this agreement and mutual agreement of both parties. The County will provide funding of $ S, n to the Food Bank to the benefit of the moderate and low-income citizens of our community. PURPOSE: The purpose of the County shall be ensure that all children, individuals, families and seniors, especially those who are moderate to low-income, are food secure, meaning that people have access at all times to enough food for an active healthy life. INTRODUCTION: The Food Bank acquires food for distribution through other nonprofit agencies to moderate and low-income persons who are food insecure and at risk of hunger and malnutrition. THEREFORE: Both the County and the Food Bank enter into this cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations. INFORMATION FURNISHED BY RECIPIENT: Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. BRAZOS,FOOD BANK, INC. Executive Director Title (I tube" 2~]u~ July 22, 2005 Date Date VOL:3 FAG QJ- STATE OF TEXAS COUNTY OF TEXAS AGREEMENT § KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, made and entered into this 1-L day of October, 2005, by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent and officer, hereinafter referred to as ACBV, and the County of Brazos, State of Texas acting by and through its County Judge, duly authorized to act, hereinafter referred to as County. WITNESSETH: WHEREAS, Article 3, Section 52-a of the Constitution, Section 381 of the Local Government Code of the State of Texas and V.A.T.S. §5190.6 provide for COUNTY to engage in economic development activities; and WHEREAS, a primary focus of economic development inquires is the quality of arts programs in a community; and WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY through funding and support for programs involving substance abuse prevention and education for Brazos County children through arts programs and continue to provide arts-related programs and scholarships for young people which foster positive self-image and thereby assists in prevention of drug and alcohol use and abuse; and WHEREAS, Article 152m, V.A.T.S. recognizes that the health, education, and general welfare of the citizens of the State of Texas require promotion and education about the performing, dramatic, visual, and literary arts; and V0 PAGE-l8 WHEREAS, said Article permits COUNTY to provide funding for cultural education facilities, and is to be liberally construed; and WHEREAS, ACBV provides funding to member organizations, in part, for facilities acquisition and upkeep, and WHEREAS, Article 5190.7, V.A.T.S. permits COUNTY to assist with urban enterprise zones; and, WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 25,000 participants, and resulting in significant purchases of goods from Brazos County merchants; and WHEREAS, ACBV has provided funding to assist local performing arts groups; and WHEREAS, Chapter 318 of the Local Government Code of the State of Texas provides for historic preservation; and WHEREAS, other programs provided by COUNTY are directly benefited by ACBV and its member organizations. NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: 1. ACBV through its funding and support of member organizations agrees to provide the above enumerated services which it has provided and agrees to continue to engage in support of arts organizations. 11. COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to ACBV a lump sum payment of FIFTEEN THOUSAND DOLLARS ($15,000) for the year beginning October 1, 2005 and ending September 30, 2006. VOL 73 PAGE -7 1 ACBV agrees to provide an account of how the $15,000 was distributed to meet the above described services. ACBV hereby agrees to hold COUNTY, its officers, agents, servants, and employees harmless from any loss, damage, injury or claim arising from any negligent act during the course of its operations. WITNESS OUR HANDS this 44- day of October, 2005 ARTS COUNCIL OF BRAZOS VALLEY, INC.. By: Dr. P. David Romei, Executive Director By: I s~ex+ W= Penelosztoln~yik, Presidik By: Randy TO AYAILABILITY OF FUNDS: Auditor VOC WAGE 90 K INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this q'P- day of Cpl~r 2005, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 2, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise, 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. Page ! of 4 VOLJ3. PAGE 9 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall fiunish to the County Auditor, at a minimum, documentation indicating the use of fiords received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Page 3 of4 VOL PAGE im vastracts EXHIBIT "A" f Brazos County 14 ,Vz t -1 LEGEND- C:3 SCALE IN MILES repared by U U U Um TIM MM /N88EENP8EPA8EDFOft OffE81NL DEPARTMENTAL TOYSEVANDAUDIIVIK4NOFAVAKASU AVMIABIEOATA DATA S.ASOFOATEBsHONMACLUt SSY M. a` of 9 :21 VO M PAGE b INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS MTERLOCAL AGREEMENT is hereby made and entered into this 4(1- day of 2005, by and between the DISTRICT 2 VOLUNTEER FIRE DEPARTMENT ("Department-) and BRAZOS COUNTY, TEXAS, ("County', each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with'a vohmteer fire department than to purchase equipment and operate a County fire departmenrt; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. r 4. County shall pay Department the sum of Twenty-rune Thousand and no/100 Dollars ($29,1100.00) upon execution of ibis contract. Page! of! 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2005, and terminating at midnight on September 30, 2006; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of finding set forth in paragraph 4 hereof Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: District 2 Volunteer Fire Department PO Box 32 Kurten, TX 77862 Attn: Fire Chief County: Brazos County 300 E. 26o' Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a govermnental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. Page 2 of4 VOL 73PAGE 95 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Page 3Of4 ir31i ~ Pl°cL glV This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. District 2 Volunteer Fire Department Brazos Cou , T By: AL , f C" By Rand ims, County Judge Date: ^i cr 'x')S- Date: " Z f,5- ATTEST; By: B o y clerk Page 4 of 4 V©L73 PAGE 87 Iri , vistricts EXHIBIT "A" f Brazos County LEGEND- E3 cftw*v, Q MONWAW SCALE WARES repared by v NOTICE THEMWNASl PRtMFMAl1MMWPARlWWAL UNAMMONCCMtlM OATUA ACC MM"OLYICC • To VALM" OF AVAAAM DATA M O VAUX lowx 4z PAGE M, INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this 44L day of 0er 2005, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT ("Department") and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 2, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fine protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. Page / of 4 VOL 33-PAGE 8q 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2005, and terminating at midnight on September 30, 2006; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department P. O. Box 5453 Bryan, TX 77805 Attn: Gerald Burnett, Fire Chief County: Brazos County 300 E. 26th Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. Page 2 of 4 VOLaPAGE 9 r~ A 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party (ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. V003 PAGE Page 3 of4 r This Agreement shall be effective when signed by the last parry whose signing makes the Agreement fully executed. Brazos County Precinct Three Volunteer Fire De artment By: Gerald Burnett, Fire Chief Brazos By: Date: -,25 - 0 S County Judge Date: 4 Cb ^Jxr alb 6- ATTEST: o ty Clerk Page 4 of 4 voO 3 PAGE . I INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this qf~- day of 00-h.)be-z- . 2005, by and between the BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches &e protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. {i- Page 1 oj4 via~3 PAGE ~-3 The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2005, and terminating at midnight on September 30, 2006; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set forth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. Mail to the following parties: Department: Brazos County Precinct 4 Volunteer Fire Department P.O. Boa 4186 Bryan, Texas 77805 Attention: Chief Joe Ondrasek County: Brazos County 300 E. 26* Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. PaRe 2 of4 VOLT-3 PAGE 9 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall fiunish to the County Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Page 3 of4 V003 PAGE 95 S This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. Brazos County Precinct 4 Volunteer Fire Department By: J ndrasek, Fire Chief Date: -7 "o~S" 0S ATTEST: Brazos County Judge Date: (I (hbbef c2a Y j B - Cou~rtyClerk VOL PAGEE J ~ Page 4 of4 raZSo a Vt . ittp:/hvww.precinct4.com/Gifs/Pct.4%2Oscvica%2Omapips 7/25/200' VOL7~3 PAGE q7 N A W N ~ H _ $ ~ _ vC ' ~ N Z m N 9 ~ s ~ v W'o$ z V _ g S, R mz V `p ~ R' ~d RCS ua a~ ~ a m S 1° $ a a~.. 'O g 3?a m~ m0 $ 4.`" a= n n 3 . Z -i y ~ Z . o A u8azao ~ R ~8~y'a@z ~ KP[ " x y R Z 4 0 2 p K ~ F in 2 a 0 4 Qg Z ~L g R' Z 3 g 0 m ' i g M 'r (O y ? 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NN NN 41 o S~ ~o pp ffJJ ~p W ~ P iC p ~ p ~ ~ C ~1 V 3 N N O Q 9 N j . ^ ^ C A O .Y S 0 OI ~ ~ _ $ ~ ~ N p~ ~ ~ ~ s ~ m O ix ~ N O N VOL-73 PAGE q 0 N V N A N 4a ~ ~ @ ~ ~ OR A g NN ~ yN 1121 ~ s P ~~SC m N V @ umi N ~ ~ ~ 4 _ ~ ~ ~ ~ A 4 ~ O O O N N N N N N N N pp m ~ ~ _ Qg ~ V ~ W MM $sN~ NIV( 3 $ M N y N m ~ p M 0 ' y ~ '~'~D11 K c $ j ~ 0 ° g $ ~ $ ~3' $ 3 $ om 3 $ m R r ~ p p d O fWJ A d i n O M W N R3 N N n N p g3~ _ W Z z K O ~ $ o ~ In ~f ~ 1 f'W a m*'o Ya' T `L $ l f r DADD $ $ 0° S3 $ g ~'0 fl o 0 $3 $ 3_ .n ' gg oo N$g fi a % CZ 8' £S o FS S' a N ~ O r o Fn o co cn 0 D a = a_ o ~ ~ uD ~ ~;wc;¢¢ .3 v m$ ~ 5~ Tn ~Bw 3. ffi ~+SS S~ 3. S '~$~'gp3 ~ F ¢ m A S ~ i a ~+I $ ttJJ i t@ }S F{.'tcvi 3 M $ M ~u ^i S 3 00 Pi ba g N 2$o t0i ~ ~ ~ 0- XS i a 3 YV C $ , -1 W ~ _ 0 $ y> tiJC 2 2 W m m m m m m m 0 a n m K i PAGE e ~r 0 i~ C3 w Qd< V VQL 73 PPGE& `oo7L -PA 2) GE161 va V PAGE /g, VOO 3 PAGE 03 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 4, 2005 ITEM: Request from Texcon General Contractors to construct a road bore in the right of way of Carrabba Road approximately 800 feet from its intersection with SH 21 for water line installation (to provide service to Wickson Ridge Subdivision). Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 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: SUB T Y: Richard F. Vance, P.E. County Engineer APP''✓VED BY: Commissioner E. Duane Peters Precinct 2 0005-093 This Request is Approved /0 Denied 0 by Commissioners' Court Date: County Judge VOL- 3 PAGE 10 4 TPXCON General Contractors Div. of CDS Enterprises, Inc. 1707 Graham Rd. • College Station, TX 77845 •979-690-7711 • Fax: 979-690-9797 September 21, 2005 Richard Vance, P.E. County Engineer Brazos County Road & Bridge Dept. 2617 Hwy 21 West Bryan, TX 77803 RE: Request to Construct Waterline Wickson Ridge Subdivision on Carrabba Road Brazos County, Texas Dear Mr. Vance: The Developers of the Wickson Ridge Subdivision, Rostell Chapman and Dennis Husfeld, 420 Tarrow Street, College Station, Texas, 77840, request permission to construct a Wickson Creek SUD waterline across Carrabba Road by boring and installing an encasement pipe beneath the roadway pavement. The attached Exhibits A, B & C show the general location of the project, and the plan/profile view of the proposed roadway waterline crossing. If you have any questions or need additional information, please give me a call at (979) 764-7743. Sincerely Yours, Jo Schultz, P.E. Engineering Manager Attachments Cc: Gary Arnold r f V0 73 PAGE I o5 o ~ o ~ Z - J ~ K fT~ iQ W 3 Z J M W 3 m w W z ' J N N N N W Z J W H ~ x 3 F ~ 3 ~ w w ppwU F- Y V 1 Z } w33 QVOX vquvu IVD H - 4 { a J ~rt r W W r ai O a wo N li ~Z I d aI U Z W i 1~ CC) I 3 O ~ x 00 I w 3 ri co I 3 • N ' W Z OD W 3 Q (n 3 Y - - W 00 W K co W O Z_ Z m J O Z IY (n 00 II U N~ 3 _ X Q W =i :J Lr co vp: dHflV-d-dV B-M- 8-M 8-M 8-M B-M -M - 8-M 0 W 0 to O O Qmr U W Q Z M (D J m C7 or Ljj L Ir O Q U J Of Y W ~ Z VOL -13 PAGE. 107 R 36 LF OF 8" WATERLINE MIN. BUR (DUCTILE IRON PIPE) EXISJING GROU FURNISH AND INSTALL ( T BORE) 34 LF, 1 '0 STEEL ENCA EMENT PIPE MILD CA BON STEEL OR 139 GRADE A (3/8' W THICKNESS MI NIMUM) NOTE: PIPE REMOVEDIBY PULLING THENTIRE SECTIi OF PIPE CUT OF THE ENCASEMENT PIPE. Zw -Z w- Jz r~ N X ? W 0+00 1+00 2+00 3+00 PROFILE - 8" WATERLINE W-1 111-60' EXHIBIT C VOL 13 PAGE I D 8 Robert A. Appleton, P.E. Bryan District Director of Transportation Planning and Development Texas Department of Transportation 1300 N. Texas Ave. Bryan, Texas 77803 Subject: Road Closure Project: STP Control: 0540-04-044 FM 2154: From 0.3 mile north of FM 2818 to 0.6 mile south of SH 40 County: Brazos Dear Mr. Appleton: I understand that Rock Prairie West and East and Graham Rd. will utilize a 24 hr construction schedule with a maximum of 5 days closure to complete. Rock Prairie closure will be scheduled during the summer months to avoid conflict with school bus routes. For those road closures not requiring 24 hr construction, a maximum 5 day closure will be stipulated. I concur with your proposed road closure during this construction project described in your letter and attachment dated September 21, 2005. The Honorable Randy Sims Judge of Brazos County 2 Dat VOLJ3 PAGE_ /091