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HomeMy WebLinkAbout2006-06-20-6:00PM-REGULARr. BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA &A Cp-t~ BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 JUNE 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for citizen's input and/or concerns. 3. Presentation by John McBeth regarding the status of the Brazos Transit parking garage. 4. Announcement regarding deadlines for 06-07 position budgets. Consider and take action on agenda items 5 - 21: 5. Budget Amendment 05/06-37.1 thru 05/06-37.2. 6. Personnel Change of Status. 7. Payment of Claims. 8. Proclamation 06-008 establishing June 2006 as National Health & Safety Month, and encouraging all Brazos County employees and their families to attend the Health & Safety Expo on 22 June 2006. 9. Reappointment of Lupe Ostiguin to the Brazos Valley Workforce Board. Term of appointment is 30 June 2006 through 30 June 2009. 10. Texas VINE Annual Maintenance contract for 2007. 11. Interlocal Agreement between the cities of Bryan and College Station, Blinn College and Brazos County for emergency law enforcement assistance. office of the County Judge • 300 East 2e St. • Sufte 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 VOL 81 PAGE 100 Commissioners Court Agenda 2n June Page 2 12. a out of state for Sbaron conference thatlis specific to ihelcourt reportingrsofor ftware nhe uses on 14-16 September 2006 in San Diego, CA. 13. Out of state travel for Alma Fonseca, County National Extension Association for Family and and exhibits on 3-7 October 2006 in Denver, CO. Extension Agent, to attend the 2006 Consumer Sciences annual conference 14. Tax Refund Applications for the following: a. Aaron & Joshua Wexler b. Dr. Terry M. Jones c. Moses H. & Esther K. Tyler 15. Award of Bid 2006-028, Temporary Services, to Wilistaff. 16. Permission to advertise Bid 2006-035, Lease Space for Community Emergency Operations Center for Brazos County, City of Bryan and City of College Station and Texas A&M University. 17. Cancellation of Bid 2005-040, Flexible Base/Screenings/Sand/Riprap, and permission to re-bid. 18. Acceptance of a Special Warranty Deed from LeRoy V. Kenney and wife Ann Barnes Kenny for improvements to Wilcox Lane located in Precinct 2. 19. Payment authorization in the amount of $250.00 from the District Attorney's Office to the Dispute Resolution Center for mediation services provided. A purchase order was not prepared before the mediation took place. 20. Payment authorization in the amount of $275.74 from the Brazos Center to Ray Criswell Distributing Company. The purchase order was closed before this invoice was paid. 21. Payment authorizations to the City of Bryan for the 800 MHrtz radio system first quarter maintenance. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are availa. Any reuest interpretive services must be made two business days before the meeting. To make arrangements, calt(979) 361-4102. for sign VO1 91 PAGE 101 COMMISSIONERS' COURT REGULAR MEETING JUNE 20, 2006 A regular meeting of the commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, June 20, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: County Judge a) Stated that the Texas Association of Counties recognized Brazos County with an award for safety. The court next heard a presentation by John McBeth on the Brazos Transit Parking Garage Mr. McBeth reported on plans for the garage and funding Vol 9 - Page He said the cost will be about Iva Commissioners Court meeting June 20, 2006 2 one hundred twenty one million dollars ($121,000,000.00). They have secured funding for about half of the costs. They are soliciting bids on the garage and responses are due July 21, 2006. Finalists will be chosen by August 7, 2006 and will make presentations after that. After the design is decided upon they will begin working on a relocation plan. The plan is for 21,000 square feet in a six story building that will not be higher than the Courthouse. A traffic study will be done to determine the best traffic flow. There is an agreement with the City of Bryan to close Washington Street. He was not sure if there would be a parking fee charged and that Brazos Transit would maintain the entire garage. The next matter before the Court was an announcement concerning deadlines for the 2006-2007 position budget. The County Auditor recommended that July 14, 2006 be the deadline for any expenses in personnel budgeting. In preparation, all vacant positions will be budgeted at a step 2, with the exception of certain law enforcement positions, positions will be funded at the current rate the employee is being paid and if vacant positions are filled at a step greater than a 2, the increase may not be funded in the 2006-2007 budget. The Court next considered Budget Amendment #05/06-37.1 through 37.2, which would reallocate funds for the Road and Vol ~1 - Page 103 Commissioners Court meeting June 20, 2006 3 Bridge Department and decrease the revenue and expenditure budgets of the OAG-VINE Program. 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. 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 change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7020493 through 7020706 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud Proclamation #06-008 designating the month of June 2006 as "National Health and Safety Month". The Court joins with the mayors of the cities of Bryan and College Station in encouraging all employees and their families to participate in Brazos County Health & Safety Expo. On motion by Commissioner Peters, seconded by Commissioner Cauley the Court moved to proclaim the month of Vol Q I Page 104 Commissioners Court meeting June 20, 2006 4 June 2006 as "National Health and Safety Month" throughout Brazos County. The County Judge then presented the signed Proclamation to Sarah Mendez, representing the local Brazos County Health Department. The next matter before the Court was the reappointment of an individual to serve on the Brazos Valley Workforce Board for the period of June 30, 2006 through June 30, 2009. On motion by the county Judge, seconded by Commissioner Cauley, the Court voted unanimously to reappoint Lupe Ostiguin to serve on the board. The Court next considered the Texas VINE Annual Maintenance Contract for 2007. The purpose of the agreement is to reimburse the county for certain costs incurred in the Texas State Wide Crime Victim Notification Service. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the annual contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of an Interlocal Agreement between the cities of Bryan, College Station, Blinn College, Texas A&M University and Brazos County to enter into a joint agreement to cooperate in the investigation of criminal activity and enforcement of the laws of the State of Texas. On motion by Commissioner Cauley, Vol 91 Page 105. Commissioners Court meeting June 20, 2006 5 seconded by Commissioner Peters, the Court voted unanimously to approve the Interlocal Agreement. A copy is attached. The next matter for consideration by the Court was a request submitted by County Court at Law II Judge Jim Locke seeking approval for out of state travel for his Court Reporter, Sharon Scully. Ms. Scully would be traveling to San Diego, California to attend the StenoCAT Users Network Fall Conference during the week of September 14 through the 16, 2006. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from Judge Locke and approved payment of out of state travel expense for Ms. Sharon Scully. The next matter for consideration by the Court was a request submitted by the Texas Cooperative Extension Agent seeking approval for out of state travel for herself. Dr. Alma Fonseca would be traveling to Denver, Colorado to attend the 2006 National Extension Association for Family and Consumer Sciences annual Conference and Exhibits the week of October 3 through the 7, 2006. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Texas Cooperative Extension Agent and approved payment of out of state travel expense for Dr. Alma Fonseca. Vol 91 Page 1o Commissioners Court meeting June 20, 2006 6 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Aaron & Joshua Wexler, Over Payment $7.66 b) Dr. Terry M. Jones, Over Payment $62.76 c) Moses H. & Esther K. Tyler, Over Payment $10.15 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid No. 2006-028, Temporary Employment Services. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by WillStaff. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to WillStaff. A copy of the bid tabulation is attached. The next matter for consideration was approval for the Purchasing Agent to solicit proposals for lease space for the Community Emergency Operations Center for Brazos County, cities of Bryan and College Station, and Texas A&M University. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to authorize the Purchasing Agent to solicit proposals. The Court next considered Cancellation of Bid 2005-040, Vol 91 Page j o-7 Commissioners Court meeting June 20, 2006 7 Flexible Base/Screenings/Sand/Riprap and Permission to Re-Bid. This is necessary due to rapidly rising costs imposed by the railroad and escalating fuel costs. The current vendors who were awarded the bid will not be able to honor their prices past July 14, 2006. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to cancel Bid 2005-040 and re-bid it. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Wilcox Lane in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from LeRoy V. Kenney and wife Ann Barnes Kenney for the expansion and improvements to Wilcox Lane. The next matter before the Court was approval of a payment authorization issued by the District Attorney's Office in the amount of $250 to the Dispute Resolution Center. Due to a clerical error only half of the payment authorization was approved for payment in the Commissioners Court meeting of June 6, 2006. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter to be considered was a payment Vol 8~ Page jog Commissioners Court meeting June 20, 2006 8 authorization issued by the Brazos Center in the amount of $275.74 to Ray Criswell Distributing Company. The purchase order was closed prior to the payment of this invoice. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $92,442.08 to the City of Bryan for an 800mhrtz radio system. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The COG set the date of June 29, 2006 for the Future Gen Media event. We are one of two possible sites in Texas for the one billion dollar project. County Judge a) They broke ground for the TIGM. It will be right next to the Vet School on the A&M campus. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Vol Page /09 Commissioners Court meeting June 20, 2006 Commissioner Mallard a) Said that the Intergovernmental Committee met on Monday. They are working to bring the Continental Baseball League to smaller communities through out the south during the summer months. The League is considering our location. They also discussed the location of the Emergency Operations Center and litter problems. Commissioner Cauley a) He was on the nomination committee for the service academies. He read the names of those nominated. Three (3) of the fourteen (14) nominees are from this congressional district. 9 There being no further business to come before the Court, the meeting was adjourned. Vol S I Page NO The foregoing minutes of the Commissioners Court meeting held June 20, 2006 have been examined and are approved in open Court this the day of~~~tg 2006, in Bryan, Lloyd assermann Commissioner, Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, recinct arey Ca ley, Jr. Commiss' ner, Precinct 4 Attest: 46~e~ Ka en McQueen County Clerk Vol 0 Page 111 Brazos County. Texas. BRAZOSCOUNTY COMMISSIONERS COURT ,~d DAY OF 20 o6 AT (o; ~ /PM Name Organization tt#aL ~.e.fl~ BRAZOSCOUNTY COMMISSIONERS COURT ~r DAY OF A 20 AT -AM/PM Nam Organization A 7T GW~ CA gl 113 /AI rm a F,al, se <a ~r~y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-37.1 thru 05/06-37.2 On this the 20'h day of June 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 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 20 June 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 20`h day of June 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy 5ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 91 PAGE 114 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 37.1 6/20/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 286000 71715000 CR Victim Notification Services 8,558.00 3000 48062800 DR OAG - VINE Program 8,558.00 OAG - VINE Program: To decrease both revenue and ex enditure budgets based on the amended contract between OAG and the County. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 37.2 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 65600000 CR Equipment - Other 2,000.00 0100 56001000 67286000 DR R&B Blades 2,000.00 Road & Bride: locate funds to cover the shortage in R&B Blades line item. I I I 91U, "G~ ~ ~ l' PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 20, 2006 Department Submitting Information: Human Resources ncP of C„hmissions: Consider and Take Action on Department Submitting Employee Request Action Requested Request(s) Applies To Auditor Knight, Wendy New Hire District Clerk McDonald, Morgan New Hire Davis, Betty Promotion Weaver, Veronica New Hire R&B Gutierrez, Jesse Retirement Approved in Commissioners, Court: County Judge's or Commissioners S (This Copy to be attached to minutes; 07 OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE Annual Maintenance GRANT CONTRACT Fiscal Year 2007 Brazos County VOL R/ PAGE 119 ANNUAL MAINTENANCE GRANT CONTRACT THIS 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 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." NOW, THEREFORE, in consideration of the covenants, agreements and conditions herein contained, the Parties agree as follows: 1. PURPOSE; CONSTRUCTION OF AGREEMENT 1.1 Purpose. The purpose of this Agreement is to reimburse COUNTY for certain cost incurred in the participation in the Texas Statewide Crime Victim Notification Service (SAVNS) for the jail and courts. To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse COUNTY for services delivered to COUNTY by the vendor certified by the OAG to provide such standard statewide services. The certification and the certification process are documented in that certain document dated January 13, 2006, entitled: Vendor Certification for the Statewide Automated Victim Notification Service SAVNS . This document is hereinafter referred to as the 'Certification' and is expressly incorporated herein by reference. The vendor certified to provide the services is Appriss, Inc., a Kentucky corporation authorized to do business in Texas (hereinafter 'Certified Vendor'). This Agreement documents the requirements, conditions, obligations, limitations, and other terms for COUNTY to be eligible for cost reimbursement by the OAG. 1.2 Construction of Agreement. The provisions of this Section 1 are intended to be a general introduction to this Agreement, and to the extent the terms and conditions of this Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be interpreted and construed consistent with the objectives, expectations and purposes stated in this Section 1. All Exhibits and Schedules attached hereto are hereby incorporated by reference herein in their entirety for all purposes. 2. COUNTY OBLIGATIONS 2.1 Services Contract. COUNTY will execute or amend, as appropriate, a Services Contract with the Certified Vendor to provide services consistent with the Certification document. The COUNTY Services Contract will include terms and conditions that are intended to provide COUNTY such rights and remedies as are necessary to ensure the delivery of the services in accordance with the Scope of Services section herein. For the convenience of COUNTY, a template Services Contract may be made available to COUNTY. The OAG is not acting as an attorney for COUNTY, therefore COUNTY is advised to have attorneys of its choice to review and modify the template Services Contract to protect the interest of COUNTY and to assure that the services will be delivered according the Certification document. 2.2 Maintenance. COUNTY agrees to maintain the services in a manner consistent with the Scope of Services and the COUNTY Maintenance Plan. 2.3 Maintenance Plan. By October 30, 2006 COUNTY shall send a copy of the COUNTY Maintenance Plan to the OAG that at a minimum is designed to: 1. Make available offender information that is timely, accurate and relevant to support the victim notification services; 2. Verify the Certified Vendor's performance according to COUNTY Services Contract; 3. Satisfactorily discharge such COUNTY obligations as described in the COUNTY Services Contract; and 4. Identify and commit of staff resources and equipment necessary to maintain the services as further described herein. 2.4 Monitoring of Services; Statewide Stakeholders. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the services on a statewide basis. COUNTY may reasonably agree to designate third-parties to assist COUNTY and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3. SCOPE OF SERVICES 3.1 Statewide Deliverables. The services are described by two sets of documents: (1) the Statewide Deliverables, and (2) COUNTY Deliverables. The Statewide Deliverables describe the services and structure of the victim notification system on a statewide basis. The Statewide Deliverables may be modified from time to time by the OAG upon the recommendation of the Statewide Stakeholders Committee. The Statewide Deliverables include: S-01 Service Specification S-02 Questionnaire Template S-03 Statewide Implementation Plan S-04 Stakeholder Communication Plan S-05 Call Center Infrastructure S-06 County Implementation Plan Template S-07 Web Sites(s) S-08 Statewide Promotions Package S-09 Internal Test Guide S-10 Statewide Implementation Status Reports S-11 Service Level Standards S-12 Service Performance Reports V-01 Vendor Certification The Statewide Deliverables are incorporated herein by reference. Upon request to the OAG, a copy of these deliverables will be made available. 3.2 COUNTY Deliverables. COUNTY Deliverables reflect the Statewide Deliverables, as customized to meet the specific needs of COUNTY (COUNTY Deliverables). COUNTY Deliverables include: C-02 County Implementation Plan C-03 County Infrastructure 2 s~ laa C-04 Application Interface C-05 Customer Verification Plan C-06 County Support Document C-07 County Promotions Package C-08 Production Notice C-09 County Web Access COUNTY will implement these deliverables through the COUNTY Services Contract. After these deliverables are completed and approved by COUNTY, these COUNTY Deliverable are incorporated herein by reference. Upon request to the OAG, a copy of these deliverables will be made available. 3.3 Service Levels. Certain standards and levels of performance to be provided by the Certified Vendor to COUNTY are described in the Statewide Deliverable 5-11 Service Level Standards and the COUNTY Services Contract. Other standards and levels of performance are described in the other Statewide and COUNTY Deliverables. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. In addition to the requirements in the COUNTY Services Contract to inspect, monitor and verify the performances required of the Certified Vendor, COUNTY will: I. Execute a Service Agreement with Appriss; the Texas SAVNS certified vendor, for the current State of Texas Fiscal Year. 2. Each month, inspect, monitor and verify the performances required within Section 4 of the Appriss Service Agreement and Sections 2 and 3 of the OAG Grant Contract. 3. Register for, verify, record and file at least eight information and notification events each month. Each of the tested events must include verification of jail and court data that is on production in COUNTY. At least three of those events must be notifications. 4. Verify that the County input data elements used by the Appriss system are entered accurately and in a timely manner. The standard to define whether the data is timely and accurate should be determined by the COUNTY Auditor or the person in COUNTY who assumes these independent responsibilities if other than the Auditor. 5. Establish the COUNTY VINE log for the purpose of recording all problems noted with the system, to whom the problem was referred, and when the problem was resolved. 6. Provide periodic written reports (forms provided by the OAG) describing COUNTY monitoring, findings, usage, problems and observations as requested by the OAG. 7. Identify an available twenty-four hour phone number for the Certified Vendor to access in order to review outage alarms that occur in COUNTY. 8. Allow on-site monitoring visits to be conducted by the OAG staff or its authorized representative. The COUNTY Judge may delegate the responsibility for assuring these activities are accurately reported to the COUNTY Auditor or the person in COUNTY who assumes these independent responsibilities if other than the Auditor. 3 8(:. tai All correspondence, reports or notices shall be submitted to: Attn.; Grants/Contracts Management Office of the Attorney General Crime Victim Services Division, Mail Code 004 Post Office Box 12548 Austin, Texas 78711-2548 3.4 XML Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data maybe used to monitor COUNTY performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including but not limited to an XML extract) as requested by the OAG. 3.5 COUNTY Scope of Services Obligations. For the purpose of this Agreement, the requirements, duties and obligations contained in the Statewide Deliverables, COUNTY Deliverables, Service Levels and other requirements of this Section 3 are collectively referred to as the'Scope of Work'. As a condition of reimbursement, COUNTY agrees to faithfully, timely and in a good and workman like manner implement and maintain the services in compliance with the Scope of Work. 4. REIMBURSEMENT 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, for reimbursement of all expenses, if any, as set forth in this Agreement, and all liability arising out of any act or omission shall not exceed THIRTY THOUSAND ONE HUNDRED and EIGHT and N01100 ($30,108) DOLLARS. The Annual Maintenance Grant Contract Renewal Exhibit attached hereto and incorporated herein describes the period and type of services funded under this Annual Maintenance Grant Contract Exhibit. The parties stipulate and agree that any act, action or representation by either party, their agents or employees 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 parties 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. The parties acknowledge, stipulate and agree that funding for this Agreement is subject to the actual receipt and availability of grant funds appropriated to the Office of the Attorney General and such funds are sufficient to satisfy all of the OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance pursuant to this Agreement. The parties further understand, acknowledge, stipulate and agree that the grant funds, if any, received from the Office of the Attorney General are limited by the term of each state biennium and by specific appropriation authority to the Office of the Attorney General for the subject matter of this Agreement. 4.2 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that: (1) reimbursement from grant funds is neither an entitlement nor a right; and (2) it may not be reimbursed for costs incurred during the grant tern or expenses paid during or subsequent to the grant term unless COUNTY strictly complies with all terms, conditions, and provisions of this Agreement. COUNTY understands and agrees that it will not be reimbursed for the cost of vendor services provided or delivered before the commencement date of this contract. 4.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the terms and conditions +:ta_ 81 FA( L I as 4.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY, subject to the limitations in Section 4. 1, for such actual, reasonable and necessary amounts expended in the performance of this Agreement. Only those costs allowable under applicable UGMS cost principles are eligible for reimbursement under this contract. COUNTY acknowledges that it is a sub-recipient of state pass-through funds from the Crime Victims Compensation Fund. Therefore, the following cost principles, audit requirements, and administrative requirements shall apply: Cost Principles Administrative Requirements Audit Requirements OMB A-87 as modified by UGMS OMB A-102 as modified by UGMS OMB A-133 as modified by UGMS Uniform Grant Management Standards (UGMS) pursuant to Government Code Chapter 783 Uniform Grant Management Standards (UGMS) pursuant to Government Code Chapter 783 Texas State Single Audit Circular Copies of these documents referenced above will be provided to COUNTY by the OAG upon request and these documents are incorporated by reference as a part of this Agreement. Before incurring any out-of-state travel expenses, COUNTY must obtain prior written authorization for that travel from the OAG. To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after the end of the applicable contract period. If COUNTY expends $500,000 or more in state financial assistance during its fiscal year, it shall arrange for a single audit of that fiscal year. The audit must be conducted by an independent CPA and must be in accordance with the applicable government auditing standards, the Texas State Single Audit Circular and the UGMS published by the Governor's Office of Budget and Planning. For the purposes of this contract, the audit provisions of OMB Circular A-133 shall apply to county contracting entities. If COUNTY is expending less than $500,000 in total state financial assistance during its fiscal year, it shall arrange for an annual independent financial audit in accordance with generally accepted government auditing standards of that fiscal year. For purposes of this Article, COUNTY shall comply with the applicable OMB Circulars with the following modifications: All references to "Federal Grantor Agency (ies)" shall be expanded to read "Federal or State Grant Agency (ies)." All references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State Law;" and all references to "Federal Government" shall be expanded to read "Federal or State Government," as applicable. In procuring any audit services required by this contract and/or by law, COUNTY shall comply with applicable procurement statutes, as well as any requirements found in UGMS regarding such procurement. COUNTY shall submit to the OAG two (2) bound copies of any and all applicable audit reports, management letters, and management responses. Such reports, letters, and responses must be submitted on or before whichever of the following dates occurs first: 5 VOL 91 PAGE la3 a. thirty (30) days after the issuance of the audit report; b. within nine (9) months after the end of the audited fiscal year for those counties whose fiscal year begins on or after October 1. COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant access to all program delivery sites to representatives of the State of Texas and/or the OAG. 4.4 Reimbursement; COUNTY Services Contract. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY such actual, reasonable and necessary amounts expended, subject to the limitations in Section 4. 1, for the COUNTY Services Contract. 4.5 Advance Funding to COUNTY. In lieu of the reimbursement processes addressed above, the OAG may provide limited, advance funding to COUNTY, if COUNTY justifies in writing that advance funding is required for implementation. The OAG may provide advance funding to COUNTY in an amount equal to the annual maintenance cost no sooner than thirty (30) calendar days prior to the annual maintenance cost becoming due and payable under the COUNTY Services Contract COUNTY must submit an invoice to the OAG specifically requesting an advance funding, the amount of the payment and the invoice must state the date annual maintenance cost is due and payable. COUNTY should submit an invoice to the OAG no sooner than forty-five (45) days and no later than thirty (30) days before COUNTY needs to receive the funding. The documentation necessary to support an advanced funding request includes: (1) a fully executed County Services Contract with the certified vendor for the time period covered by the advanced funding request; (2) a fully executed Annual Maintenance Grant Contract for the time period covered by the advanced funding request; (3) an OAG form titled Verification of Continuing Production; (4) an invoice from the certified vendor for the time period covered by the advance funding request; (5) an invoice to the OAG that complies with the requirements of the OAG Template Invoice; and (6) a written justification explaining the need for advance funding. 5. Invoice for Reimbursable Cost 5.1 Form of Invoice. The form of any invoice for reimbursement of expenses submitted under this section must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG is under no obligation to reimburse COUNTY if supporting documentation is not provided on a timely basis. Each invoice presented must include the OAG's contract number. The invoice must identify COUNTY's Texas Vendor Identification Number (VIN), a description of the expense, and a notation that the requested reimbursement is in regards to the Crime Victim Services Division, Victim Notification Services Grants. The invoice must be dated after the execution date of the OAG/COUNTY Annual Maintenance Grant Contract. The invoices must be submitted to: Attn.: Grants/Contracts Financial Management Office of the Attorney General Crime Victim Services Division, Mail Code 005 Post Office Box 12548 6 ;'i ! 81 N`E t a,4 Austin, Texas 787 1 1-2548 5.2 Timing of Invoice. COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days following the end of the month that a reimbursable expenditure was incurred. COUNTY may submit a make-up claim as a final close-out invoice not later than the earlier of (1) forty-five (45) calendar days after termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium. 53 Direct Deposit. COUNTY may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing COUNTY with copies of reimbursement vouchers. 5.4 Excess Payments; Refund; Setoff. Payment under this Agreement will not foreclose the right of the OAG to recover excessive or unallowable payments from COUNTY. COUNTY shall refund to the OAG within thirty (30) calendar days from date of request any funds COUNTY claims and receives from the OAG for the reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement. The OAG will have the right to withhold all or par of any future payments to COUNTY to offset any reimbursement made to COUNTY for any ineligible expenditures not yet refunded to the OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of COUNTY. 6. AGREEMENT TERM 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 August 31, 2007. The FY 2007 Annual Maintenance Grant Contract Renewal describes the period of services funded under this grant contract. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Renewal Term. Nothing herein shall prevent the parties from revising the term of this Agreement by a written amendment. 6.2 Renewal Term. Subject to the availability of future grant funds for this Agreement, this Agreement may be renewed for an additional period(s) to coincide with the term of future appropriations for the purposes of this Agreement. Such renewal shall be by a written amendment and executed with the same formalities as this Agreement. 7. TERMINATION 7.1 Termination for Convenience; Refund. Either Party may, in its sole discretion, terminate this Agreement in whole or in part, upon thirty (30) calendar days notice to other party. In the event of a termination for convenience, the OAG shall not have any cost or liability to County for reimbursement after the effective date of the termination. In the event COUNTY elects to terminate for convenience, COUNTY shall refund the amount of unearned grant funds, on a pro rata basis, to the OAG. COUNTY agrees to pay such amount within ninety (90) calendar days of the effective date of the COUNTY notice of termination. 7.2 Termination for Cause. In the event that COUNTY fails to perform its obligations according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OAG 7 ~rJ VOL &I PAGE may, upon written notice of default to COUNTY, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 7.3 Rights Upon Termination or Expiration. Upon termination of the Agreement, all work product, Deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared or otherwise developed by COUNTY in the performance of the scope of work authorized by this Agreement shall vest in the OAG, and upon request of the OAG shall be delivered to the OAG within thirty (30) business days after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made the subject of this Agreement. 8. Intellectual Property. COUNTY understands and agrees that where funds obtained under this Agreement may be used to produce original books, manuals, films, or other original material and intellectual property, COUNTY may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved to the OAG, or state goverment. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this Agreement. COUNTY may publish at its expense the results of its contract performance if it first obtains prior OAG review of that publication. Any publication (written, visual, or sound) must include acknowledgment of the support received from the OAG and the appropriate state grant, if applicable. At least three (3) copies of any such publication must be provided to the OAG. The OAG reserves the right to require additional copies before or after the initial review. All copies shall be provided to the OAG free of charge. 9. AUDIT RIGHTS; RECORDS RETENTION 9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges, procedures, and performances to the OAG for all work related to this Agreement. COUNTY also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Agreement. 9.2 Records Retention. COUNTY shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this Agreement, including but not limited to any daily.activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by tracing the activities of individuals through the system. COUNTY's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. COUNTY agrees that COUNTY's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not 8 4 . bl 1 j ~a(Q performed 9.4 Access. COUNTY shall grant access to all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Agreement and the operation and management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by the OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this Agreement shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by the OAG. COUNTY will direct any contractor to discharge COUNTY's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this Agreement. 9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at COUNTY's principal place of business and/or the location(s) of COUNTY's operations during COUNTY's normal business hours and at the OAG's expense. COUNTY shall provide to the OAG and such auditors and inspectors as the OAG may designate in writing, on COUNTY's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as the OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 9. 9.6 Reimbursement. If an audit or examination reveals that COUNTY's invoices for the audited period are not accurate, COUNTY shall promptly reimburse the OAG for the amount of any overcharge, unallowable or excessive amount. 9.7 Reports. COUNTY shall provide to the OAG periodic status reports in accordance with the OAG's audit procedures regarding COUNTY's resolution of any audit-related compliance activity for which COUNTY is responsible. 10. Independent Contractor Status and General Liability Provision. COUNTY shall be deemed to be an independent contractor hereunder and shall not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. COUNTY agrees to take such steps as may be necessary to ensure that each contractor of COUNTY will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG. All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of its subcontractors shall be considered to be solely the employees or agents of COUNTY or such subcontractor, and COUNTY shall be responsible for ensuring that there is payment of any and all unemployment, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. 11. Publicity. COUNTY shall not use the OAG's name or refer to the other Party directly or indirectly in any media release or public announcement relating to this Agreement or any acquisition pursuant hereto, including in any promotional or marketing materials, without consent from the OAG for each such use or release. 12. Amendment. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized personnel of the Parties for that express purpose. All amendments or modifications of this Agreement shall be binding upon the Parties despite any lack of consideration. Any attempted amendment or modification of this Agreement that does not comply with this Section will be deemed void. 13. Non-waiver. The failure of any party to insist upon strict performance of any of the terms or conditions 9 4!i}!,_D=PAGE 1 -17 herein, irrespective of the length of time for which such failure shall continue, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Agreement. No term or provision of this Agreement or of any document incorporated herein by reference shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 14. Partial Invalidity. If any term or provision of this Agreement, or of any document incorporated herein by reference, is found to be illegal or unenforceable then, notwithstanding such illegality or unenforceability, this Agreement, and each incorporated document, shall remain in full force and effect and such tern or provision shall be deemed to be deleted. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17. Entire Agreement. This Agreement reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations, understandings or agreements between the Parties relative to such subject matter. 18. Governing Law; Venue. This Agreement is made and entered into in the State of Texas, and this Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, COUNTY agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this Agreement, or the matters referred to therein, shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District and Austin Division, and to the extent permitted by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. COUNTY hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that (a) COUNTY is not personally subject to the jurisdiction of the above-named courts, (b) the suit, action or, proceeding is brought in an inconvenient forum or (c) the venue of the suit, action or proceeding. 19. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Agreement only in their official capacity. Office of the Attorney General of Texas By: Don Clemmer, Deputy Attorney General for Criminal Justice Brazos County, Texas Randy Sims County Jud$ Date: Date: (o 1,2d0a 10 $I S7r,: ~ a 8 FY 2007 Annual Maintenance Grant Contract Renewal Exhibit Automated Victim Notification Service Brazos County September 1, 2006 to August 31, 2007 For: Jail and Courts Size: Large Annual Maintenance Amount The Office of the Attorney General will reimburse an annual maintenance amount for the Service Period above determined as follows: Standard Jail Amount Standard Courts Amount Total Annual Number of Months Total Due $25,817 $ 4,291 $30,108 12 $30,108 Renewal Requirements The maximum the OAG will reimburse or advance COUNTY under this agreement for the time period indicated will not exceed the amount in the Total Due column noted above To be considered for advance funding, please review subsection 4.5 in the Annual Maintenance Grant Contract. The documentation necessary to support an advanced funding request include: (1) a fully executed County Services Agreement with the certified vendor for the time period covered by the advanced funding request; (2) a fully executed Annual Maintenance Grant Contract for the time period covered by the advanced funding request; (3) an OAG form titled Verification of Continuing Production; (4) an invoice from the certified vendor for the time period covered by the advance funding request; (5) an invoice to the OAG that complies with the requirements of the OAG Template Invoice; and (6) a written justification explaining the need for advance funding. DO NOT DETACH THIS DOCUMENT FROM THE GRANT CONTRACT Annual Maintenance Renewal Fiscal Year 2007 VOL $I PAGE I c~9 -it l/ INTERLOCAL AGREEMENT EMERGENCY LAW ENFORCEMENT ASSISTANCE THIS IN_ TERLOCAL AGREEMENT is hereby made and entered into this day of 2006, by and between the CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ("College Station"), the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan"), COUNTY OF BRAZOS, TEXAS (`Brazos County") TEXAS A&M UNIVERSITY (the "University"), and BLINN COLLEGE ("Blinn") each acting by and through its duly authorized agents (referred to collectively as the "Parties"); WHEREAS, the Parties to this Agreement are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint Agreement for the performance of the governmental function of providing Law Enforcement Services; and WHEREAS, the Parties are authorized by the Texas Local Government Code, Chapter 362, to enter into a joint agreement to cooperate in the investigation of criminal activity and enforcement of the laws of the State of Texas, and the provision of additional law enforcement personnel to protect health, life and property; NOW, THEREFORE, in consideration of the recitals and mutual covenants made herein by College Station, Bryan, Brazos County, the University, and Blinn to be respectively kept and performed, the Parties hereby mutually agree as follows: 1- CONTRACT NO.: CRC Approval Date -Nm-Stmdard: _ •,.~a~w V 1Y1V"1 LLY1M1Y1'1 \IMiMW"'1.l GMI LL.LLW ➢LLVIIF~LLGILL LLLCI~V ViY M61 W~~~E~LL • IMaLVa I.UWII~'•1. Wl: I. DEFINITIONS The following terms shall have the following meanings when used in the Agreement: (a) "Law Enforcement Officer" means any peace officer who has been commissioned under the laws of this state. (b) "Police Personnel" means any full time employee(s) who works for a participating agency. (c) "Chief Law Enforcement Officer" means the Chief of Police, Sheriff or Director of University Police of the respective Parties. This term also applies to any person designated by the Chief Law Enforcement Officer to act on their behalf in regards to this Agreement. (d) "Presiding Officer" means the Mayor or other officer of the respective Parties authorized to declare a state of civil emergency. (e) "Requesting Agency" means the Party or law enforcement agency thereof that is requesting assistance from the other Party or law enforcement agency thereof. (f) "Provider Agency" means the Party or law enforcement agency thereof that is providing assistance the other Party or law enforcement agency thereof. IL AGREEMENT The Parties expressly agree this Agreement is intended to be and should be construed as a contractual document. III. PURPOSE The purpose of this Agreement is to authorize the Parties to cooperate in the investigation of criminal activity and enforcement of the laws of the State of Texas, and the provision of additional police personnel and equipment to protect health, life and property, including but not limited to, the performance of police protection and detention services. IV. CONDITIONS FOR ASSIGNMENT / ASSISTANCE The Parties agree to assign Police personnel and equipment to perform law enforcement duties, including Police protection and detention. services, outside their respective territorial limits, subject to the determination of availability of Police Personnel and discretion as to participation when: (a) The Chief Law Enforcement Officer of the Requesting Agency has requested that assistance through the Chief Law Enforcement Officer of the Provider Agency; and -2- CONTRACT NO.: CRC Approval Date - Non-standard: CADOCUMEAWANNV..OCALS-I\TEMPlAw Enforcement Interlocal Agreement - Brazos County- Ldoc ~ $I PAC _t31 (b) The Chief Law Enforcement Officer of the Provider Agency has determined, in their sole discretion, that sufficient Police Personnel and equipment are available for such assignment and that the health, safety, or welfare of the Provider Agency's citizens would not be endangered by dispatching Police Personnel or equipment outside of the Provider Agency's jurisdictional limits. V. REQUESTING INFORMATION Any request for aid under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested, the specific location to which the equipment and personnel are to be dispatched, and a reasonable estimate of the length of time the assistance will be needed. However, the amount and type of equipment and number of personnel to be furnished shall be determined by and in the sole discretion of the Chief Law Enforcement Officer of the Provider Agency. VL COMMUNICATIONS Communications between Police Personnel responding pursuant to this Agreement shall be determined by the Requesting Agency's officer in tactical control of the situation. When practical, the primary means of communication shall be by telephone or 800Mhz radio frequency, either mobile to mobile or mobile to base with the Requesting Agency providing communication center coordination. VII. REPORTING / QUALIFICATIONS / DURATION OF ASSIGNMENT Upon assignment to the Requesting Agency, Police Personnel of the Provider Agency shall report to the Requesting Agency's officer in tactical control at the location to which they have been assigned, and shall be under the command of the Requesting Agency's Chief Law Enforcement Officer, with all the powers of a regular law enforcement officer of the Requesting Agency, as fully as though helshe were within the jurisdictional limits of the governmental entity where he/she is regularly employed, and his/her qualifications as a law enforcement officer where regularly employed shall constitute his/her qualifications for such officer within the jurisdictional limits of the Requesting Agency, and no other oath, bond, or compensation need be made. Additionally, such Police Personnel shall have the same investigative authority as if they were investigating criminal activity the territorial limits of the governmental for which they are regularly employed. Police Personnel of the Provider Agency will be released by the Requesting Agency when their services are no longer needed. While in the service of the Requesting Agency, Police Personnel of the Provider Agency shall be deemed peace officers of the Requesting Agency, regardless whether they are compensated for such service by the Provider Agency. -3- CONTRACT NO.: CRC Approval Date - Non-standard: C:\DOCUME-1WANNUACALS-4 \TEMPU-aw Enforcement Lnerlocal Agreement - Brazos County-Ldoc VOL)PAGE- 130 VIII. ASSIGNMENTS/ JOB DUTIES Police Personnel of the Provider Agency shall perform duties as directed. When the need exists, Police Personnel of the Provider Agency may be assigned to processing and transporting arrestees from the scene of incidents to designated detention facilities. If temporary detention facilities are necessary and are deemed inadequate by design, continuous supervision shall be provided for until permanent facilities are located. If Police Personnel assigned to a Requesting Agency are directed or requested to do any illegal act, each such employee shall be entitled to decline or refuse to act. IX. WITHDRAWAL FROM PARTICIPATION Notwithstanding any other provisions contained herein, Police Personnel assigned to the Requesting Agency shall remain under the ultimate command of the Provider Agency. Consequently, the Chief Law Enforcement Officer of the Provider Agency may at any time, in their sole discretion, withdraw the Provider Agency's personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. X. COMPENSATION Any Police Personnel who are assigned, designated, or ordered by the Chief Law Enforcement Officer of the Provider Agency to perform duties pursuant to this Agreement, is entitled to receive the same wage, salary, pension, and all other compensation and all other rights for such service, including but not limited to injury or death benefits, and workers compensation benefits, the same as though the service had been rendered within the jurisdictional limits of the Provider Agency. Such Police Personnel are also entitled to payment for any reasonable expenses incurred for travel, food, or lodging while on duty outside the jurisdictional limits of the Provider Agency. All wages and disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food, and lodging expenses shall be paid by the Provider Agency in the same manner as though the service had been rendered within the jurisdictional limits of the Provider Agency. The Requesting Agency shall reimburse the Provider Agency after the payment is made and reimbursement is requested. XL CIVIL LAWSUITS In the event that any person performing criminal investigation and law enforcement, police protection, or detention services pursuant to this Agreement shall be cited as a Party to any civil lawsuit, state or federal, arising out of the performance of those services, he/she shall be entitled to the same benefits that he/she would be entitled to receive if such civil action has arisen out of his duties as a member of the Provider Agency and in the jurisdiction of the Provider Agency. -4- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME -I\MANN\LOCALS-I\TEMPUsw Enfmcemwt Intmlocal Agreement - Brazos Cmmty-1.&c Lk gl pAui 133 Third-party claims against the Parties shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances, or laws of the State of Texas. Each Party to this Agreement agrees that if legal action is brought under this Agreement, exclusive venue shall be in Brazos County, Texas. XH. INDEMNITY / RELEASE To the extent provided by law and without waiving governmental immunity or the limitations as to damages in the Texas Tort Claims Act, the Parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the work performed under this Agreement. The Parties hereby agree that each Party will remain solely responsible for the legal defense and any civil liability due to the actions of a peace officer or other personnel regularly employed by the Party. Nothing herein shall be construed as a waiver of any legal defense of any nature to any claim against a Party or an agent, officer or employee of a Party. The Requesting Agency assumes full responsibility for the services to be performed hereunder, and hereby releases, relinquishes, and discharges the Provider Agency, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the services, personnel, or equipment provided by the Provider Agency under this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the Provider Agency, its officers, agents, and employees, or any third party. XU1 RESERVATION OF IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from any activity conducted pursuant to this Agreement. XIV. EXPENDING FUNDS Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall be liable for failure to expend funds to provide aid hereunder. XV. VALIDITY The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. -s- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME-l\MANNUACALS-1\TEMP\Iaw Enforcement InWlocal Agoemenl - B v Camty-l.doc 81 124 XVL EXECUTION / EFFECTIVE DATE / TERMINATION This Agreement shall become effective immediately upon execution by all the Parties and shall continue in effect until terminated as provided herein. Any Party to this Agreement may terminate its participation in this Agreement by providing thirty (30) days written notice as provided herein to the Presiding Officer of every other Party. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. XVII. MODIFICATION This Agreement may only be amended or modified by the mutual agreement of the Parties hereto in writing. This instrument contains all commitments and agreements of the Parties, and oral and written commitments not contained herein shall have no force or effect to alter any terms or conditions of this Agreement. XHL ORIGINAL DOCUMENTS 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. XIX. WAIVER The failure of any Parry 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 or relinquishment of such requirements in future instances, but such requirements will continue and remain in full force and effect. XX. SEVERABILITY If one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision of this Agreement and the Agreement shall be construed as if the invalid, illegal, or unenforceable term or provision had never been contained in it. -6- CONTRACT NO.: CRC Approval Daze - Non-Standard: C:\DOCUME-I\MANN\LOCALS -I\TEMP\rnw Enforcement laterlocal Agreement - Brazos County-l-doc 1z )l - QAG~ 135 XXL NOTICES Any notices, approval, consent, or communication by one Parry 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: COLLEGE STATION: Chief of Police Michael Clancey College Station Police Department 2611 Texas Avenue S. College Station, Texas 77840 Additional Contact Information: Tele: (979) 764-3605 E-Mail: mclancey@ cstx.gov Fax (409) 764-3468 with copy to: City Manager Glenn Brown City Of College Station 1101 Texas Avenue South. College Station, Texas 77840 Tele: (979) 764-3510 E-Mail: gbrown@ cstx.gov Fax: (979) 7646377 BRYAN: Chief of Police Mike Strope Bryan Police Department 301 South Texas Avenue Bryan, Texas 77803 Tele: (979) 209-5387 E-Mail: stropem@bryantx.gov Fax: (979) 209-5388 with copy to: Acting City Manager Kean Register 300 South Texas Avenue Bryan, Texas 77803 Tele: (979) 209-5100 E-Mail: kegister@bryantx.gov Fax: (979) 209-5106 -7- CONTRACT NO.: CRC Approval Date - Non-Standard: na.w•rnm n.r,Ymv .Yn+*~ n'rl:.r^.r _...ns Ya_..__n_..v_. l.. YJLA. V MC/"1 VVLHlY1V \LM.HGJ"'L \L GMf LLN W LWUIUCWgIL IWGLIUtiY fft,'L WLLLGILL - ILIV.V//S~~I.UWLIJ"I.UV V BRAZOS COUNTY: Sheriff Chris Kirk Brazos County Sheriffs Department 300 East 29`s Street, Suite 105 Bryan, Texas, 77803 with copy to: County Judge Randy Sims Brazos County 300 East 29's Street, Suite 114 Bryan, Texas 77803 UNIVERSITY: Director of University Police Elmer Schneider Texas A&M University Police Department 1231 TAMU 1111 Research Parkway College Station, Texas, 77843-1231 with copy to: Tele: (979) 361-4148 E-Mail: chriskirk@highsheriff.com Fax: (979) 361-4170 Tele: (979) 3614102 E-Mail: rsims@co.brazos.tx.us Fax: (979) 823-6593 Tele: (979) 845-8058 E-Mail: eschneider@tamu.edu Fax: (979) 862-8109 President Tele: (979) 845-2217 Robert M. Gates E-Mail: rgates@tamu.edu Texas A&M University Fax: (979) 845-5027 8s' Floor Rudder Tower College Station, Texas 77843-1246 BLINN• Additional Contact Information: Chief of Police Bill May Blinn Police Department with copy to: President Donald E. Welter Blinn College 902 College Avenue Brenham, Texas 77833 Tele: (979) 209-7418 E-Mail: bmay@blinn.edu Fax (979) 209-7448 Tele: (979) 830-4112 E-Mail: bkrebs@blinn.edu Fax: (979) 830-4116 -8- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUMF,I\MANN\LMALS -1\TEMP\Iaw Enforcement Interlocal Agr went - Brazos Ccuoty-Ldoc 13-7 XXH. INTERLOCAL COOPERATION ACT The Parties expressly acknowledge that each Party to this Agreement is a local government as that term is defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges and immunities as may be provided by law. XXHI. HEADINGS The article headings in this Agreement are used for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. XXIV. JURISDICTION This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. EXECUTED this the day of 2006 by COLLEGE STATION. XXv. WARRANTY The Agreement has been officially authorized by the governing or controlling body of each Party and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. CITY OF COLLEGE STATION By: RON SILVIA Mayor ATTEST: CONNIE HOOKS City Secretary APPROVED AS TO FORM: City Attorney ACKNOWLEDGEMENT 9- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME-I\MANN\LOCALSB-I\TEMP\ aw Enforcement IrAeeerrrlocal Agreemad - 13mooss Comely-Ldoc 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 RON SILVIA, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2006. Notary Public, State of Texas My Commission Expires: _ -lo- CONTRACT NO.: CRC Approval Date - Non-standard: C:\DOCUMF --1\MANN\LOCALS-1\TEMPAAw Enfanement Interlocal Agr eml - BrQazos County-Ldoc EXECUTED this the day of 2006 by BRYAN. By: ATTEST: CITY OF BRYAN ERNIE WENTRCEK Mayor APPROVED AS TO FORM: Mary Lynn Strata City Secretary STATE OF TEXAS § COUNTY OF BRAZOS § City Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ernie Wentrcek, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - A.D. 2006. Notary Public, State of Texas My Commission Expires: _ t\- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME-1\MANNU,OCALS-1\TEMP\Law Enforcement Wd iocA AP{mueent - Brazos Cowty-Ldoc OI C.. (T(/ day of EXECUTED this the .2o4~- day of U h-Q ~ , 2006 by BRAZOSCOUNTY . By: ATTEST: COUNTY OF APPROVED AS TO FORM: 6Atto y 1?o.4"y W • 4"0irse•, Karen McQueen County Clerk STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared RANDY SIMS, County Judge of 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 it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~20fi- day of :7- lA~ , A.D. 2006. DE891E LOCKLEOOE ` NO1Ala'MLICEi~lEOF1ElA1 ~~e~ eoNnwox [xhoxx: a jUL.Y a 200 -000001 &-Al~ C5 1 P CS Notary Public, State of Texas My Commission Expires: 21 -12- CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME-1\MANN\LOCALS-1\TEMP\lAw Enrorc eat Lrterlocal Ageement- Brazos County-Ldoc a, gl 141 EXECUTED this the _ day of 2006 by UNIVERSITY. By: ATTEST: TEXAS A&M UNIVERSITY Robert Gates President APPROVED AS TO FORM: Texas A&M University STATE OF TEXAS § COUNTY OF BRAZOS § Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert Gates, President of Texas A&M University, College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A.D. 2006. Notary Public, State of Texas My Commission Expires: _ 13 - CONTRACT NO.: CRC Approval Date - Non-Standard: C:\DOCUME-I\MANN\LOCALS-1\TEMP\Isw Enforcement hnerlocal Agreement - Ba County-Ldoc day of :)L SI PAGE 1'N'~A EXECUTED this the _ day of 2006 by BLINN. By: ATTEST: BLINN COLLEGE Donald Voelter President APPROVED AS TO FORM: Blinn College STATE OF TEXAS § COUNTY OF BRAZOS § Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Donald Voelter, President of Blinn College, Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER My HAND AND SEAL OF OFFICE this - A.D. 2006. Notary Public, State of Texas My Commission Expires: _ la- CONTRACT NO.: CRC Approval Date - Non-Standard: CADOCUME..1WANNTOCALS-PTEMPIIaw Enforcementt Lnerlocal Agr eto- Brazos CouNy-l.doe 143 day of yi ~ w P ! 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