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Home My WebLink About2006-04-25-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 25 APRIL 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM - OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters 2. Call for citizen's input and/or concerns. 3. A report of economic impact of the Research Valley Partnership during 1996-2005. Consider and take action on agenda items 4 -19: 4. Budget Amendment 05/06-29.1 thru 05/06-29.5. 5. Revised job description for the Sheriff's Office Administrative Secretary, and reclassification of the pay group as follows: from Group 15, Step 13 to Group 18, Step 2 6. Reclassification of two part-time Subpoena Clerk positions in the County Attorney's Office as follows: from Class 0520, Group 8, Step 4, (two positions, part-time) to Class 0520, Group 8, Step 5, (one position, full-time) and the addition of $5,908.00 in the County Attorney's budget to accomplish this. 7. Personnel Change of Status. 8. Payment of Claims. Office of the County Judge • 300 East 2& St. • Suite 114 . Bryan. Texas 77803 • Fax: (979) 3614503 Commissioners Court Agenda 25 April 2006 Page 2 9. Acceptance of the 2005 Annual Review and Status Report for the Research Valley Partnership. 10. Resolution 06-007 expressing Brazos County's opposition to revenue caps and lowering the current appraisal cap, and urging the 79`s Legislature to reduce the school property tax burden by assuming the State's historic share of support for public education. 11. Texas VINE first amended Annual Maintenance Grant contract for grant #06-03523, Fiscal Year 2006. 12. Appeal from a County employee for reinstatement of leave time not accrued while on FMLA leave. All subsequent requests for reinstatement of leave time must be submitted in writing. 13. Permission to accept the following property donated to the Brazos County Sheriff's Office: a. One (1) Manik stainless steel grill guard (to be installed on the Lincoln Navigator that is in the Sheriffs Office fleet) 14. Tax Refund Applications for the following: a. 2D Construction Co. Inc. & Bedrock f. Judith Breeding Saunders b. Casual Male Retail Big & Tall g. Lisa Ann Rice c. Donald S. & Mary Beth Chambers h. Marge Wilson d. Lisa D. Patterson i. Delilah Diane Blackmon e. Nelson & Minnie D. Sanders 15. Award of Bid 2006-022, Poly Jute, to Dewitt Company based on best price. 16. Award of Bid 2006-023, Network Cabling Parts, to Anixter, Inc. based on best price. 17. Acceptance of Easterling Estates for Brazos County maintenance; the roads (Easterling Drive and Martell Court) and drainage structures are in compliance with the County's Subdivision and Development Regulations. Site is located in Precinct 2. 18. Final Plat of Indian Lakes Phase 8, 69.965 acres, J. M. Barrera survey, A-69, Brazos County, Texas. Site is located in Precinct 1. 19. Request from Wellborn Special Utility District to construct 4500 feet of 10 inch PVC water line in the right of way of Jones Road beginning at its intersection with FM 60. Site is located in Precinct 4. 20. Acknowledgement of Brazos County's conformity with the Health Insurance Portability and Accountability Act's (HIPAA) Security Addendum to the Business Associate Agreement. 21. Announcement of interest items and possible future agenda topics. 0L a Commissioners Court Agenda 25 April 2006 Page 3 22. Call for citizen input and/or concerns. 23. Agency / Board / Committee reports by Court members. 24. 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 PA A I ok-5 COMMISSIONERS' COURT REGULAR MEETING APRIL 25, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 25, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 9; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a report of economic impact of the Research Valley Partnership during the period of 1996-2005. Todd McDaniel introduced Bob Malaise, Celia Goode-Haddock and the new team. Mr. Malaise gave the presentation. The Court next considered Budget Amendment #05/06-29.1 through 29.5 that would reallocate funds for the Health & life Vol 79 Page /a~0 Commissioners Court meeting April 25, 2006 2 Fund, Local Law Enforcement Block Grant, Risk Management and Non-Departmental; and set up the budget for the Bryne Justice Assistance Grant. 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 approval of a revised job description for the Sheriff's Office Administrative Secretary and reclassification of the pay group from Group 15, Step 13 to Group 18, Step 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the revised job description. The next matter before the Court was a request for the reclassification of two part time Subpoena Clerk positions in the County Attorney's office. The reclassification would be from class 0520, Group 8, Step 4 (two positions, part time) to Class 0520, Group 8, Step 5, (one position full time). On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request and to transfer $5,908.00 from contingency into the County Attorney's budget. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Vol -7'9 Page / a2 7 Commissioners Court meeting April 25, 2006 3 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: 7018475 through 7018733 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the 2005 Annual Review and Status Report for the Research Valley Partnership. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the report. A copy is attached. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted expressing the Court's the current appraisal reduce the school pro] state's historic share is attached. unanimously to adopt Resolution #06-007 opposition to revenue caps and lowering cap and urges the 79th Legislature to Derty tax burden by again assuming the of support for public education. A copy The Court next considered approval of the Texas VINE First Amended Annual Maintenance Grant contract for Fiscal Vol ~ 9 Page / a Y Commissioners Court meeting April 25, 2006 4 Year 2006 for Grant Contract 06-03523. These funds proved an invaluable safety net for crime victims and an important communication tool for criminal justice professionals. The amendment increases the amount made available for the VINE service from $12,940.00 to $25,880.00. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Texas VINE First Amended Annual Maintenance Grant Contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was a request for reinstatement of vacation and/or Sick Leave lost while on FMLA leave. The employee sited the current Policy on Accrual of Leave While on Family Medical Leave as the basis of her request. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request for reinstatement of vacation and/or Sick Leave lost while on FMLA leave. The Court next considered authorizing acceptance of donated property from Jerri Roy who wishes to donate a Manik stainless steel grill guard for the Lincoln Navigator that is in the Sheriff's fleet. The estimated value is $1,200.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the donated Vol 9 Page a `I Commissioners Court meeting April 25, 2006 5 property. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) 2D Construction Co., Inc., Over Payment $171.06 b) Casual Male Retail Big & Tall, Over Payment $185.70 c) Donald S. & Mary Beth Chambers, Over Payment $50.07 d) Lisa D. Patterson, Over Payment $34.59 e) Nelson & Minnie D. Sanders, Over Payment $10.08 f) Judith Breeding Saunders, Over Payment $60.13 g) Lisa Timmons, Over Payment $99.68 h) Marge Wilson, Over Payment $15.66 i) Delilah Diane Blackmon, Over Payment $150.62 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid No. 2006-022, Poly Jute. Becky Stephens, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Dewitt Company. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Dewitt Company. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-023, Network Cabling Parts. Becky Stephens, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Anixter, Inc. On motion by Commissioner Cauley, seconded by Vol 77 Page 131) Commissioners Court meeting April 25, 2006 6 Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Anixter, Inc. A copy of the bid tabulation is attached. The next matter before the Court was acceptance of Easterling Estates for Brazos County maintenance. The roads, Easterling Drive and Martell Court and their drainage structures are in compliance with the County's Subdivision and Development Regulations. The site is in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Easterling Drive and Martell Court and their drainage structures for Brazos County maintenance. The Court next considered approval of the Final Plat of Indian Lakes Phase 8 in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and everything appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Indian Lakes Phase 8 as submitted. The Court next considered the request from Wellborn Special Utility District to construct 4,500 feet of 10 inch PVC waterline in the right-of-way of Jones Road beginning at Vol ? 1 Page 131 Commissioners Court meeting April 25, 2006 7 its intersection with FM 60. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next acknowledged Brazos County's conformity with the Health Insurance Portability and Accountability Act's (HIPAA) Security addendum to the Business Associated Agreement. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Peters a) Said that he and Commissioner Wassermann met with the Appraisal District Board about combining the Tax Office and the Appraisal District. He suggested that the Court have a workshop on the subject before May 14, 2006. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 9 Page / 3a The foregoing minutes of the Commissioners Court meeting held April 25, 2006 have been examined and are approved in open Court this the 127 day of ~-uno , 2006, in Bryan, Duane Peters Commissioner, Precinct 2 arey auley, Jr. Commi sioner, Precin 4 Attest: ~ ` ~j G Karen McQueen County Clerk lz~ Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner Precinct 03 Vol "7 q Page 133 Brazos County, Texas. COMMISSIONERS COURT 20 a. Name BRAZOSCOUNTY DAY OF i- , AT 9., v« APAW Organization s~ . Aji 'VOL '7 BRAZOSCOUNTY COMMISSIONERS COURT C~zs DAY OF 20 aG AT Name ao AM/ Organization ~),Lz,L TT 13 ~~T„ C.- Cam,, cr. VOL 71 PAGE 1,35 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2065-2006 BUDGET YEAR NO. 05/06-29.1 thru 05/06-29.5 On this the 25 ° day of April 2006 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 25 April 2006 the Court heard and approved a budget amendment for the 2005-2006 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 25cn day of April 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 9~ iJf.1 PAGE d 13jP Original: County Clerk's Office and BRAZOS COUNTY, TEXAS BUDGET AMENDMhNTS No. 05/06 - 29.1 4/25/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 5000 64005000 71116000 CR Helath & Life - Stop Loss Prem. 6,375.00 5000 64005000 72590000 DR Professional Fees - Other 6.375.00 1 1 Health & Life Fund: To reallocate funds for BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 29.2 4/25/2006 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 3000 48047400 CR Justice Assistance - B e 23,055.66 3000 288000 80890000 DR Vehicles 23,055.66 B e Justice Assistance Grant: To set u the budget for the ant received b the Sheriffs Department. The grant will be used to purchase Arbitrator cameras that will be installed on the vehicles of BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 29.3 4/25/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 285000 80286000 CR E ui ment - Other 8,142.00 3000 285000 80890000 DR Vehicles 8,142.00 Local Law Enforment Block Grant: To reallocate funds for the purchase of the Arbitrator cameras that will be installed on the vehicles of the Sheriffs Department. ;4~9,; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 29.4 4/25/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12500100 59100000 CR DDEA 500.00 0100 12500100 60360000 DR Furniture 500.00 1 1 I ITo reallocate funds for office furniture.. I I I 1 BRAZUS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 29.5 4/25/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 51100000 CR Sala - Elected Official 1,061.07 0100 11000500 53100000 CR Social Security 65.79 0100 11000500 53200000 CR Retirement 15.38 0100 11000500 53800000 CR Worker's Com ensation 144.62 0100 11002000 73780000 DR McClennan Count 1,286.86 Non-De artmental: To reallocate funds to Community Support Division for the salary supplement to the Justices on the 101 Court of A eals based on the Interlocal a reement with McCleennan Count , Texas. VOL 71 PAGE / PERSONNF': CHANGE OF STATUS REQUESTS Commissioner Court Date: April 25, 2006 Department Submitting Information: Human Resources )ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney German, John D. Resignation Nano, Monica A. Resignation Justice of Peace 2.2 Schilling, Carmelita New Hire Robison, Kay A. Promotion Runyon, Mary I. Promotion Juvenile Services - Detention Nelson, Drae New Hire Approved in Commissioners' Court: April 25. County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) :COL ~ 9 PhGE l4a BRAZOSCOUNTY BRYAN, TEXAS ANNUAL REVIEW & STATUS REPORT 2005 Research Valley Partnership Presented to the Brazos County Commissioners Court by Bob Malaise of the Research Valley Partnership on 25 April 2006. a<«+rs*~ss~~ssss*s*srs*sss*~~~ss«ss*~s~ss*ss**~~ra*s e /'ACCEPTED _ ❑ REJECTED .Randy Sims County Judge Commiss' ner Lloyd Wassermann Precinct 1 (kb-yr,-t Commissioner Kenny Mallard Precinct 3 Q~~( Commissioner Duane Peters Precinct 2 Office of the County Judge • 300 East 26e St. 7 u~_,1a¢ ryan, Texas 77803 . Fax: (979) 3614503 Vf O 0 m > > m a r ' c n 0 O O m O 0 Z m ° X r ~ > m o 0 C) C cn m 0 co z 'm 4 m CO) c CO) O -I co O 4 0 N Cl) m 3 ie"~ri3i " .n N 00 M -0-1 D D r W m n O o 0_ m v n c 3 O m Z m Z ~ N ~ O O 0 0v z to m 0 -I D z N Z 3 Z go cn z o O O 'd cn m c n m VOL -qPAGE T C r r T e o W W m C 0 M ;a Z~-ZDD 3 Z n Z Z T Ja -1 = m o m m r W D n Z r ~ i > >v M0 m z i y i n Z v C m D n C X' z M Z ou 0 cQ c c 0 r rn m ■ v c0 o' O CD z n 0 ■ n r Cr rn m 0 (A CA N = Z o ~ 3 rqL 90 Mow o c VOL-71 PAGE~ F~ Fr F~ I~ 1--~ N N A O~ 00 O N .P C~ 00 O O O O O O O O O O O O ro O v3 VOL VOL / y PAGE IM M c ~ D D m A K O :2 m r n c m00 cn C/) r z z 0 O -n z z z D ~ ~ > m M w a z ,m 0 -i c W Z m 0 1 o m O z z m O cn oro , D~ ~ x D z n CO) m m z A I > Q° r z PAGE X 0 m m Cl) D N i X n r 0 G) 0 O Zi U) D cn r D > z z cQ rn c D Cl) r Il r r on ic D r a z m n D CO) 2 z t') r m VOL / 7 PAGE X C - D M > m > G z M m n ;u n D X ~ r N o m 0 D U) o 0 r, ° O o O o z i Z m Z I ,rn! Z VOL #10 BRAZOSCOUNTY BRYAN, TEXAS BRAZOSCOUNTY RESOLUTION WHEREAS, the 79d' Texas Legislature is seeking to address the method by which public education is funded during a Special Session beginning April 17, 2006; and WHEREAS, the State of Texas previously retreated from its historic level of funding for public education, thereby requiring local school districts to increase property taxes to fund education; and WHEREAS, 61 percent of the average taxpayer's property tax burden is due to school taxes while only 14 percent is due to county taxes; and WHEREAS, Texas homeowners and businesses need meanin 1 property tax relief, and WHEREAS, proposed bills to lower the existing appraisal cap from 10% to 3% or 5% are not true solutions to the school property tax problem; and WHEREAS, proposed bills to place harsh revenue caps on county and city governments also are not true solutions to the school property tax problem; and WHEREAS, county government is already struggling to meet the demands of under-funded and unfunded state mandates such as indigent health care, indigent defense and federal mandates such as the Help America Vote Act and the Clean Air Act; and WHEREAS, noted Texas economist Dr. Ray Perryman and The Perryman Group completed a detailed study of appraisal and revenue caps that concluded such caps would have a devastating effect on local governments and the entire state's economy and job outlook; and WHEREAS, the study shows that both types of caps restrict the flexibility of local governments to respond to changing needs, emergency situations and state and federal mandates; and WHEREAS, the study shows caps bear no relation to the legitimate demand for costs of public services provided by local government, such as demographic shifts and industrial development; and WHEREAS, the study shows that appraisal and revenue caps particularly constrain the capacity of high- growth areas to meet service and infrastructure needs; and Office of the County Judge • 300 East 26'° St. • Suite 114 . Bryan, Texas 77803 • Fax: (979) 361-4503 Resolution 06-007 t Mis L. 1,54 Resolution 06-007 Page 2 WHEREAS, the study shows that such caps adversely affect bond rating, thus limiting local governments' ability to meet infrastructure needs while raising the costs for such; and WHEREAS, the study shows that 4ppraisal and revenue caps depress property values; and WHEREAS, the study shows that appraisal caps discourage real estate activity, distort market outcomes, penalize business start-ups, limit long-term economic growth, create systematic inequities among taxpayers, arbitrarily redistribute the tax burden and tend to be regressive with persons in disadvantaged neighborhoods subsidizing those who are more fortunate; WHEREAS, the study shows revenue cans have resulted in substantial increases in state funding of local services in other states that have passed them; and WHEREAS, undermining a property tax system based upon fair market value is questionable public policy and will result in a distorted, inequitable taxation scheme; NOW, THEREFORE, BE IT RESOLVED, that Brazos County does hereby express its opposition to revenue caps and lowering the current appraisal cap and does-hereby urge the 79th Legislature to reduce the school property tax burden by again assuming the state's historic share of support for public education. SIGNED THIS 25th day of April, 2006. Randy Sims County Judge Commis toner Lloyd Wassermann Precinct 1 Commissioner Kenny Mallard Precinct 3 ATTEST: Ven McQueen, County Clerk Commissioner Duane Peters Precinct 2 Corn sioner Carey Ca e , Jr. Precinct 4 UL ~ 9 r' LL !55 0d -o3523A OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE First Amended Annual Maintenance GRANT CONTRACT Fiscal Year 2006 Brazos County VOL 2~ PAGE 15T FIRST AMENDED GRANT CONTRACT FISCAL YEAR 2006 THIS FIRST FISCAL YEAR 2006 AMENDED GRANT CONTRACT, including all Exhibits and Schedules attached hereto and incorporated herein by reference (the Agreement) is made and entered into by and between Brazos County, Texas hereinafter referred to as 'COUNTY' and the Office of the Attorney General of Texas (OAG). COUNTY and the OAG may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." INDUCEMENTS Whereas, on or about 12/18/2005, the OAG and the COUNTY agreed to and executed that certain Texas VINE Annual Maintenance Grant Contract identified as OAG Contract No. 06- 03523 hereinafter the "Original Contract." Whereas, the OAG and COUNTY desire to amend and or modify, alter, excise or add certain terms, conditions and/or mutual covenants of the Original Contract as set forth hereinafter. Whereas, the OAG and the COUNTY intend to create a new contract consisting of the new amended and or modified, altered, excised or added terms, conditions and/or mutual covenants of this First Amended Grant Contract and the remaining unchanged provisions of the Original Contract. NOW, THEREFORE, in consideration of the inducements, mutual covenants and conditions herein contained, the parties agree as follows: SECTION 1. AMENDMENTS/MODIFICATIONS 1.1 Amendment to Subsection 4.1 Maximum Liability of the OAG. The OAG and COUNTY agree to amend the Original Contract by replacing subsection 4.1 Maximum Liability of the OAG in the Original Contract with the following subsection: 4.1 Maximum Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations; liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance herein shall not exceed TWENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY and NO1100 DOLLARS ($25,880) for the Term of this Agreement. The parties stipulate and agree that any act, action or representation by either party, their agents or employee that purport to increase the liability of the OAG is void, without first executing a written amendment to this Agreement and specifically amending this section. The patties acknowledge and agree that nothing in this Agreement will be interpreted to create an obligation or liability in excess of the funds currently stated in this Agreement. Page 1 9 3 - a 1.2 Amendment to Subsection 6.1 Initial Term The OAG and COUNTY agree to amend the Original Contract by replacing subsection 6.1 Initial Term in the Original Contract with the following subsection: 6.1 Initial Term. This term of this Agreement shall commence on the final approval, execution by the OAG and the delivery of this grant contract to COUNTY and unless terminated earlier as provided by another provision of this Agreement this Agreement will terminate on August 31, 2006. The R-01 attached to this amendment describes the period of services funded under this First Amended Grant Contract. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Initial Term. Nothing herein shall prevent the parties fi-om revising the term of this Agreement by awritten amendment. SECTION 2. ENTIRE AGREEMENT The entire agreement between the OAG and the COUNTY consists of the new amended and or modified, altered, excised or added terms, conditions and/or mutual covenants of this FirstAmended Grant Contract and the remaining unchanged provisions of the Original Contract. No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this contract. IN WITNESS THEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS CONTRACT IN MULTIPLE COUNTERPARTS. Office of the Attorney General Brazos County, Texas DonM Clemmer Deputy Attorney General for Criminal Justice Date: V By: Of Sims Judge Date: Page 2 l59 Exhibit R-01 FY06 First Amended Grant Maintenance Automated Victim Notification Services Brazos County March 1, 2006 to August 31, 2006 Category: Large 31: Subject to the terms and conditions included in the Agreement, this Exhibit R-01 Schedule of Payments shall describe the payments that Customer shall pay to Appriss. Maintenance Amount. Customer shall pay the certified vendor a maintenance amount for continuing service determined as follows. Standard Discount Discount # Months to Amount" Rate" Amount Total Annual 8/31/06 Renewal: $32,350 20% $6,470 $25,880 6 $12,940 Services After Termination. Total Subject to the terms and conditions included in the Agreement, the cost of Services provided by Appriss to the Customer shall be governed by the following payment terms. Following either the expiration or termination of this Agreement, then Customer shall pay Appriss an amount equal to 1/12th the then current Annual Maintenance Fee, for each month that the Customer elects to receive the Services. Customer may elect to receive the Services for any increment of months up to the maximum time period stated in the Agreement. DO NOT DETACH THIS DOCUMENT FROM THE GRANT CONTRACT 31 based on the size category of the county listed in Service Price: I County Standard Pricing Guide of the Vendor Certification 32 based on the size category of the county and the related price listed in Service Price: I County Standard P Icing Guide of the Vendor Certification 33 based on the number of counties participating as defined in Service Price: IV. Discounts for Annual Service of the Vendor Certification Exhibit R-01 FY06 Maintenance Renewal - 4/11/2006 iM~ 7y.E-F~t ~ 5g BRAZOSCOUNTY BRYAN, TEXAS ACCEPTANCE OF DONATED PROPERTY Brazos County Commissioners Court Brazos County, Texas Description of Property: r-i SIe(1YTS UfTlfe -1'ef'+. y Estimated Value: $J r]7. Date before Commissioners Court: gj225 3(0 I certify that the above mentioned item has been donated to Brazos County. This item has been received in good faith and upon approval by the Brazos County Commissioners Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of the Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. 1 Aprhon ,e.`d SSignature t --Rct_. 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A A A N N ~ z Z J A Z N Z Z Z - Z OI W t~p j l ~ Z ~ w 0 w N n O o W W a a) V a) a) ED ED 0 O M A . - p T ~ 0 p o m W p J N M O O 0 O p " 0 0 00 V O O d O 0 z Z z z z z Z z 2 2 2 00 Z ~ Z Z Z v ~ Z Z Z Z Z Z Z W W W W W W W W W W W W ~ N W W W W W W W W W W W N v0~1-7 7 `AQ' /6' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: April 25. 2006 # /I ITEM: Request from Wellborn Special Utility District to construct 4500 ft. of 10 inch PVC water line in the right of way of Jones Road beginning at its intersection with FM 60. Site is located in precinct 4. 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 D BY: Richard F. Vance, P.E. County Engineer 0006-031 APPROVED BY: Omission r Carey Caule Precinct 4 This Request is. Approved VI Denied ❑ by Commissioners' Court Date: ~17~_r:at~w ins r 04iygryyp° ~ ode O,VAp ffi J1 ~ S& ~P 61 O1 P ~ o(b o~ o^g Ag d s, W ® gryOr, b ® Qn' ® p~ ~ hry r6s ~t~s6 4 O ffi a \A 0 5 <dt C' Nee / z~ rzDB . \ ^~gph ~ -ter<\ < i1 d oOt sa<< d 6< g0 J T s'~'~S P \ Or<c1' `a ~ °o ~"b„~° SAS s 0$4 g ~sy, ...moo d- w 'L w P? ~i 9~ 1000 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Luzh2t/) I& a 6rir/r4(&5f propoo place~,/a, (type)- within ✓ across- the right-of-way of (road)Mott e,4 1 0a in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the ~9-Aay of k Q , 20 D 7~ 7gLYJ T4. 4 /Orr PVC Firm: J ,0 (~LL~2 ✓ l (vU- . By: Address: Phone: `17V & ,?a - APPROVED BY COMMISS~( COU T Ot4: Date Randy Sim , County Judge r , ; f~ iA FA6~ R07 Health Insurance Portability and Accountability Act (HIPAA) Security Addendum to Business Associate Agreement In conformity with the regulations at 45 C.F.R. Part 164, Subpart C (the "Security Rules") and for the consideration outlined in the Underlying Agreement, this addendum is hereby made to the Business Associate Agreement between Business Associate and Covered Entity. Definitions. Capitalized terms used herein shall have the same meaning as the capitalized terms in the Business Associate Agreement. However, the following additional terms, as used in this Addendum, shall have the meaning set forth below: (a) Addendum means this Security Addendum to the Business Associate Agreement. (b) ePHI shall have the same meaning as the term "Electronic Protected Health Information", as defined by 45 C.F.R. §160.103, and limited to the information created, maintained or received by Business Associate in electronic format from or on behalf of Covered-Entity. (c) Security Incident shall have the same meaning as such term is used in the Security Rules. (d) Security Rules means the standards for security of protected health information established in 45 C.F.R. § 164, Subpart C. 2. Obligations and Activities of Business Associate (a) Business Associate will develop, implement, maintain and use reasonable and appropriate administrative, technical and physical safeguards to preserve the integrity and confidentiality of ePHI, and to reasonably prevent intentional or unintentional non-permitted access to ePHI. Such safeguards shall be consistent with applicable requirements of 45 C.F.R. Part 164, Subpart C pertaining to the security of ePHI. (b) Business Associate agrees to report any Security Incident of which it becomes aware to Covered Entity. (c) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides ePHI agrees to the same restrictions and conditions that apply to Business Associate with respect to such information. Miscellaneous (a) Regulatory References. A reference in this Agreement to a section in the Security Rules means the section as in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Covered Entity and Business Associate shall survive the termination of the Agreements. (c) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the Security Rules. (d) No third party beneficiary. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than H0001:912091.1 the parties and the respective successors or assigns of the parties, any rights, remedies, obligations, or liabilities whatsoever. (e) Governing Law. Except where governed by federal law or regulation, this Agreement shall be governed by and construed in accordance with the laws of the state of Texas. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and delivered by their duly authorized representatives, as of the Agreement's Effective Date. on behalf of the By: Print Name: I (Lrkv `i Print Title: ~t1Yrw S1c o Date: ~(2~,_5(e PLUMHOFF & ASSOCIATES By: Print Name: e-o s Print Title: V i c e ~ e5 j4,+ - Date: `fl aol o tr H0001:912091.1 -2- ''rG