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HomeMy WebLinkAbout2006-08-08-9:00AM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 8 AUGUST 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE. BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 25: 3. Budget Amendment 05/06-43.1 thru 05/06-43.8. 4. Personnel Change of Status. 5. Payment of Claims. 6. County Retirement Rate for calendar year 2007. 7. Appointment of Kevin Smith to the Board of Directors for the Brazos Valley Veterans Memorial. 8. Request from Archie Clark, Precinct 1 Constable, for permission to appoint David Watkins as a nori-paid Deputy Constable. 9. Request from Rwniro Quintero, Precinct 4 Justice of the Peace, for indemnification of funds lost during the theft of that office that occurred on 27 June 2006. 10. Plan Change 06-01 to the Title IV Legal Services Contract for the purpose of incorporating the legal services cost allocation plan and budget for FY 2006. Office of the County Judge . 300 East 2e St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 V0(?.3 PAGE- 0 w.mnma.o••~ swan ngema 8 August 2006 Page 2 11. Tax Refund Applications for the'following: a. David & Kaysa Alexander b. Learon Dove Mack c. Delmas & Patricia Hesseltine d. Cecil David & Doris Matthews e. Sam Bernal f. Ace Auto Sales g. Titan Valley Park, LTD Partnership It. OCC Construction Corp. i. James Richard & Brenda Heslip 12. Contract with Ben Sanford & Associates, Inc. for consulting services regarding telecommunications. Contract term is 24 months, effective immediately. 13. Award of RFP 2006-027, Delinquent Ad Valorem Tax Collection Service, to McCreary, Veselka, Bragg & Allen, P.C. Contract term is 1 September 2006 through 31 August 2008. 14. Renewal of the Maintenance Agreement with L-3 Communications Security & Detection Systems, Inc. covering x-ray scanning equipment for courthouse security. 15. Request for permission to accept property for sale at Public Auction from the Sheriff's Office Jail that has been deemed abandoned property. 16. Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Pamela Lane (Harvey Hillsides subdivision) approximately 260 ft. from its intersection N ith Vista Lane for water line installation. Site is located in Precinct 3. 17. Request from Verizon Communications to construct buried cable installations in the right of way of Koppe Bridge Road beginning approximately 2,800 ft. southwest of its intersection with I&GN Road extending for a distance of 300 feet; proposed cable will be buried at a minimum depth of 30 inches. Site is located in Precinct 1. 18. Acceptance of North Country Phases 6 and 7 for Brazos County maintenance; the roads (portion of North Country Drive and Blazing Trail) and drainage structures are in compliance with the County's subdivision and development regulations. Site is located in Precinct 2. 19. Request for permission to enter G. W. Lightsey's property located off Newsome Cemetery Road for the purpose of widening the existing road right of way for Brazos County maintenance and for the health, safety and welfare of the general public. Site is located in Precinct 2. 20. Payment authorization in the amount of $150.00 from the District Attorney's Office to the Dispute Resolution Center for mediation in a Child Protective Services case. A purchase order was not obtained in advance. 21. Payment authorization in the amount of $450.00 from the District Attorney's Office to the Harwell Interpreting and Translating for interpreting required in a murder trial. A purchase order was not obtained in advance. jy J~~`2 ( `t-It" . L_93-r S commissioners court Agenda 6 August 2006 Page 3 22. Payment authorization in the amount of $456.94 from the District Attorney's Office to Patricia J. Moon., D.O. for her testimony in a murder trial. A purchase order, was not obtained in advance. 23. Permission to advertise Bid 2006-041 Oil Changes for Brazos County. 24. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney regarding pending litigation. 25. Consider and possible action on the Executive Session. 26. Acknowledgement of the Quarter ending 6/30/06 Investment Report. 27. Acknowledgement of the Monthly Reports submitted in July 2006. These reports are available for review in the County Judge's Office. 28. Announcement of interest items and possible future agenda topics. 29. Call for citizen input and/or concerns. 30. Agency / Board Committee reports by Court members. 31. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. JL ~3 PAJ^F ,'Pb'- COMMISSIONERS' COURT REGULAR MEETING AUGUST 8, 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, August 8, 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; 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. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-43.1 through 43.8 that would reallocate funds for Treasurer's Office, County Court at Law #1, Justice of the Peace, Precinct 4, 85th District Court, County Attorney, Metropolitan Planning Office, Expo Center; and transfer funds from Contingency to Constable, Precinct 1. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously Vol $ 3 Page Commissioners Court meeting August 8, 2006 2 to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, 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: 7022066 through 7022269 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the county retirement rate for calendar year 2007. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to increase the percentage of the contribution to 11.8 percent. 11.36 percent is mandatory with the remainder going toward the unfunded balance. The Court next considered the appointment of an individual to the Board of Directors for the Brazos Valley Veterans Memorial. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to appoint Vol g3 Page t7 Commissioners Court meeting August 8, 2006 3 Kevin Smith to the Board of Directors for the Brazos valley Veterans Memorial. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint David Watkins, as non- paid Deputy Constable. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Clark to appoint David Watkins as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was a request from Justice of the Peace, Precinct 4, Ramiro Quintero for indemnification of funds that were stolen on June 27, 2006. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to have Judge Quintero replace the funds. The Court next considered a plan change to FY 06 Title IV-E Legal Services Contract. The purpose of the plan change is to incorporate the Title IV-E Services Cost Allocation Plan and Budget for FY 06. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the plan change. The next matter for consideration was approval of tax refund applications from the following individuals and/or Vol g 3 Page !a 9 Commissioners Court meeting August 8, 2006 companies: a) David & Kaysa Alexander, Over Payment $291.97 b) Learon Dove Mack, Over Payment, $11.10 c) Delmas & Patricia Hesseltine, Over Payment $88.63 d) Cecil David & Doris Matthews, Over Payment $55.25 e) Sam Bernal, Over Payment $937.75 f) Ace Auto Sales, Over Payment $10.40 g) Titan Valley Park, LTD Partnership, Over Payment $8,208.43 h) OCC Construction Corporation, Over Payment $710.45 i) James Richard & Brenda Heslip, Over Payment $8,472.72 4 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of a contract between Brazos County and Ben Sanford & Associates, Inc. for telecommunications consulting services. This contract is necessary due to there being delays in completion of various locations that were intended for RFP release. The contract is for a period of twenty four (24) months with an estimated total fee of $9,500.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The next matter before the Court was the awarding of RFP 2006-027, Delinquent Ad Valorem Tax Collection Service and to approve the contract. On motion by Commissioner Mallard, Vol 93 Page Co Commissioners Court meeting August 8, 2006 5 seconded by Commissioner Cauley, the Court voted unanimously to award RFP 2006-027 to McCreary, Veslka, Bragg, Allen, P.C., approve the contract and to authorize the County Judge to execute the document. The term of the contract is from September 1, 2006 through August 31, 2008. A copy is attached. The Court proceeded to consider the renewal of Maintenance Agreement with L3 Communications for Courthouse Security Scanning Equipment and execution of the agreement. There is an increase in the contract amount from last year's $7,192.50 to $7,535.00 for the current contract but all other terms remain the same. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was a request from the Purchasing department for permission to accept property from the Sheriff's Office Jail Division to be included in the public auction. This property consists of ten (10) television sets that are unclaimed by former owners. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered the request from Wickson Vol ~ 3 Page 70' Commissioners Court meeting August 8, 2006 6 Special Utility District to construct a road bore in the right-of-way of Pamela Lane approximately 260 feet from its intersection with Vista Lane for water line installation. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Wickson Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon Communications to construct buried cable installations in the right-of-way of Koppe Bridge Road approximately 2,800 feet southwest of its intersection with I&GN road extending for a distance of 300 feet. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was acceptance of North Country Phases 6 and 7 for Brazos County maintenance. The roads (portion of North Country Drive and Blazing Trail) and Vol 93 Page 71 Commissioners Court meeting August 8, 2006 7 drainage structures are in compliance with the County's Subdivision and Development Regulations. The site is located in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept North Country Phases 6 and 7 for Brazos County maintenance. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of G. W. Lightsey on Newsome Cemetery Road in Precinct 1 to widen the existing road right-of-way. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered a payment authorization from the District Attorney's office to the Dispute Resolution Center-Central Brazos Valley, Inc. in the amount of $150.00. No purchase order was obtained. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of another payment authorization from the District Attorney's Office. This one is to Harwell Interpreting in the amount of $450.00 for interpreting services in a murder trial. On Vol $3 Page -7 ~ Commissioners Court meeting August 8, 2006 8 motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a third payment authorization from the District Attorney's office. This one was to Patricia J. Moore, D.O. in the amount of $456.94 for an autopsy performed on a murder victim. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-041, Oil changes for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for oil changes. At 9:26 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss pending litigation as allowed under Section 551.071 of the Texas Government Code. At 10:43 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. The next matter before the Court was acknowledgement of Vol 93 Page `73 Commissioners Court meeting August 8, 2006 9 the Quarter Ending June 30, 2006 Investment Report. The County Judge delayed action on this item to allow the County Treasurer to return. The Court acknowledged receipt of the Extension Service reports for April, May, June and July 2006 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 3 Brazos County Events Facilities Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. The County Judge returned to item number 26. The County Treasurer went over the last week's report addressing questions that were asked during her absence. She noted that the interest rate was shown each quarter on the investment Vol $3 Page '74 Commissioners Court meeting August 8, 2006 10 report. She then asked the Court if they wanted something attached monthly showing the interest rate. Currently this month, the County is earning 5.5 percent interest on the checking account. The County Judge continued with item number 30 Agency/Board/Committee reports by Court members. There were none. There being no further business to come before the Court, the meeting was adjourned. Vol ~3 Page -7S The foregoing minutes of the Commissioners Court meeting held August 8, 2006 have been examined and are approved in open Court this the .20- day of 2006, in Bryan, Brazos County, Texas. Randy S County Lloyd assermann Commissioner, Precinct 1 q~' S::~ ~ '7-~ Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct 3 arey uley, Jr. I 1 Commis i oner, Preci t 4 Attest: Katen McQueen County Clerk Vol ,S~3 Page 7 Pb k3,~> BRAZOS COUNTY COMMISSIONERS COURT DAY OF , 20,9 ~ AT oo AM/ Name Organization 5cf-? J 6Z4& . . ,uL3 rnjE 77 ly/ BRAZOSCOUNTY COMMISSIONERS COURT DAY OF , y ao 20 AT. 'AM/AM 'v Name Organization ~-~i 0El L-~ s - (4-. BRAZOS COUNTY, TEXAS (-2 BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-43.1 thru 05/06-43.8 On this the 8"' day of August 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, Counl\ 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 8 August 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 81h day of August 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes a / V;L 93 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06- 43.1 Q/Q/' nn< FD DIV ACCT PROD DR/CR V/V/L.VVV ACCOUNT NAME Increase Decrease 0100 12000100 61110000 CR Conference & SeminarFees 150 00 1 0100 117000100 1 771 tcnnn . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.2 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 2300 0100 59100000 CR Conference & Seminar Fees 1,350.00 0100 23000100 67342000 DR Furniture 1,100.00 0100 23000100 60360000 DR Furniture 250.00 Coun Court at Law #1: To reallocate funds to cover the cost of two desks that are over $500.00 each and one chair. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.3 8/8/2006 FD 0100 0100 0100 0100 DIV 24401100 24401100 24401100 24401100 ACCT 60500000 65450000 60600000 67286000 PROJ DR/CR CR CR CR DR ACCOUNT NAME Office E ui ment Office E ui ment Maintenance Office Su lies E ui merit -Other Increase 70.21 Decrease 20.71 75.00 274.50 Justice of the Peace Pct.4: To reallocate funds for the urchase of a shredder which unit rice is over $250.00. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.4 8/8/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 65450000 CR Office Equipment Maintenance 500.00 0100 22000100 61620000 DR Subscription & Publication 500.00 85th District Court: To reallocate funds to cover the cost of subscription & Dublication. :,3 rile BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.5 8/8/2006 FD DIV ACCT PROJ DR/CR pGasoline UNT NAME Increase Decrease 010018000100 59100000 CR 2,000.00 0100 18000100 60600000 CR ies 2,000.00 010018000100 65350000 DR 4,000.00 Count Attorney's Office: To reallocate funds to cover the cost of Rasoline. e ~ " r 94 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.6 8/8/2006 FD DIV ACCT PRO.1 DR/CR ACCOUNT NAME III Increase Decrease 3000 424100 61010000 CR Advertising -Legal Notices 500.00 3000 424100 60600000 CR Office Su lies 2,000.00 3000 424100 67342000 DR Furniture snn nn MPO: To reallocate funds to cover the cost of furniture. A uote was not obtained from the vendor at the time of the budget amendment request, it wasa reed that the d artment would use line item 60360000 for the PO if the unit rice of the each furniture is less than $500.00. 93 _ a' o`' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 43.7 Q1QMna< VIV/4VVV FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 61801000 CR Travel 1,300.00 0100 36000100 65350000 DR Gasoline 1,300.00 Ex o Center To reallocate funds to cover the cost of asoline. vo/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS Noy 05/06 - 43.8 8/8/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,102.00 0100 30101100 65350000 DR Gasoline 1,102.00 Constable Pct. l: To move funds from contingency to cover the cost of gasoline. It was agreed between the Count Judge and Constable Clark that the future shorta a in Qasoline line item should be covered by the department's DDEA. VOL 00 PAGE ,87 PERSONNEL CHANGE OF STATUS REQUESTS i Commissioner Court Date: August 8, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on 1 Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Chumley, Keith New Hire C.L.E.A.R. Team/Crime Fund District Clerk New Hire Transfer to SO/Jail Transfer to position vacated by Regina Hernandez Lindsey, Shayla Hernandez, Regina Lindsey, Shayla Resignation Little, Lynsey Juvenile Services Aguilar, Dana State Stipend Anderson, ShaVonda State Stipend Benavidez, Heriberto State Stipend Bowen, Carlos Resignation Bryant, Helen State Stipend Jackson, Tyrone Resignation Martinez, Jose Retirement Posey, DaRoderick Called to active Military duty Raoclina, Yves Called to active Military duty Tax Oglesby, Stacie New Hire Rodriguez, Connie New Hire Approved in Commissioners' Court: August 8, County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Brazos *.,.'anty, #120 Authorization mtntaining current plan provisions with no change for Plan year 2007 With rc:pect to the participation of Brazos County in the 1 e,t County & District Retirement System (TCDR. year, the following order was adopted in open session on C1 uc} 5, 2006: 1. Brazos County makes no change in the plan provisions currently applicable to its members. 2. With respect to annuities being paid to its retirees or their beneficiaries, Brazos County (check one appropriate box): does not adopt a COLA. ❑ adopts a % CPI-based COLA. ❑ adopts a Bat-rate COLA. 3. With no changes being made to the plan provisions for its members for Plan Year 2007, the required employer contribution rate for Plan Year 2007 will be the following: (a) Calculated contribution rate: 11.36% (b) COLA rate (if applicable): + N /A (Rare from Retirement Plan Assessment, if applimble) (c) Total required rate (a + b): = 11.3(e 4. Brazos County adopts the following rate for Plan Year 2007 (check one box): ❑ the total required rate (see number 3(c) above). Q an elected, higher rate of I J . 90 5. In the event the 2007 total required rate asset out above exceeds 11%, and if a current waiver of that limit is not on file with TCDRS, the Commissioners Court of Brazos County hereby waives the 11% limit on the rate of employer contributions and such waiver will remain effective with respect to future plan years until properly revoked by official action. Certification I certify that the foregoing authorization concerning the participation of Brazos County in TCDRS for Plan Year 2007 truly and accurately reflects the official action taken during a properly posted and noticed meeting on 2006, by the Commissioney~urt of81r zos Colt.. ion is recorded in the official minutes. Judge of 13546s County Dated: sskys/(2~(' 800-823-7782 • WWW.TCDRS.ORC Apr.12,2006 ~F- 193 99 v.j" +t-..~c COMMISSIONER Carey D. Cockerell TEXAS DEPARTMENT OF FAMH.Y AND PROTECTIVE PLAN CHANGE FY 06-01 Margaret Lalk Brazos County District Attorney's Office 300 East 26's St., Suite 310 Bryan, Texas 77803 Re: FY 06 Title N-E Legal Services Contract Contract Number: 2QQaQ;; @30 2 33 a/ i S 3 Plan Change 06-01 Effective Date: September 1, 2005 i The Department of Family and Protective Services (DFPS) and the Commissioners Court of Brazos County entered into a new contract effective September 1, 2002. This contract has been amended 0 time(s) previously. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2004. • The purpose of this plan change is to incorporate the attached Title IV-E Legal Services Cost Allocation Plan and Budget for FY 06. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2005 through August 31, 2006, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES APPROVAL: Sheila Orrick Date Contract Specialist COMMISSIONERS' COURT OF BRAZOSCOUNTY APPROV 14000 SOMMrr DRIVE, SurrE loo ♦ AUSTIN, TExns.78728 ♦ (512) 834-3201 Texas Dept of Family Form 2046, and Protective services Certification Regarding Debarment, May 2004 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services (DFPS) to determine whether each potential contractor has been debarred or suspended or proposed for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or has accepted a voluntary exclusion. Each covered contractor must also make the same determination for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower tier participants in this Certification. Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, whether the circumstances occur before the contract begins, during the term of the contract, or during the term of an extension of the contract. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Do you have or do you anticipate having subcontractors under this proposed contract? ❑ Yes No 5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. t. Texas Dept of Family Certification Regarding Debarment, Form 2046 and protective services May 2004 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions Indicate in the appropriate box which statement applies: X The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. OR ❑ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant has attached an explanation to this certification. Commissioners' Court of Brazos County Name of Potential Contractor 17460004330 -2083094036- .2 3 3G 5__'3 DFPS Contract No. (if applicable) &M Date Randy Sims Brazos County Judge Printed/Typed Name of Authorized Representative Title 4 r 93 L,VUIN1 Y AYYLIUA11V1V AIN1/ 11NVVIVV1AIWIN kVMVl CONTRACTS FOR REIMBURSING LEGAL COSTS 1 2. Name of County: BRAZOS COUNTY Federal Employer's I.D.# or Texas Vendor I.D.# 1746000433021 3. Address of Contact Person: Margaret Lalk Assistant District Attorney Name Title 300 East 26th Street, Suite 310, Bryan, Texas Street Address City State 979-361-4320 Phone 77803 Zip Code 4. County Judge: Randy Sims County Judge 979-361-4102 Name Title Phone 5. County Auditor: Katie Conner County Auditor 979-361-4350 Name TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Title Phone page 1 of 4 99 O W rFh v CO 0 o ,.a ~z O U O h O U O U rn 0 m a 0 0 a 0 N 3 a atiT N a 3 v a, 0 N 0 U a wo .g w° m d a. vi ~ CN ~ w F 00 O N r•-I -V O N LO r to N N !n ~ 00 r us a sea W ^U rn C) ri Ln r H r- en a o E d e~ o y as ao oP. 0 o r-i o e O N a w a U a" ~ o ~ r d VJ > rl In co O O in (y r N N 4J ro En y 0 +J Ul 4J N W N ri N Ul t3) N W ro ~ a a a h , 0 N ~ W ~ ro C o rn o it a ~ 8 F ~ N a u a m (a 0 >1 S4 q F 9 n E a E Y a a m C s °a a Y w E r r w a T a a a v ~ n .d d J a yl to e e e "41 >1 y~ ~v Y ~I aro V ~ ~a a 5 w I F a r M o 4 o N M N M N N t0 10 d• C' o II II N II D rn N r N N W ~ d 'i X ~o ~ Mr ~ X r k d r 11 11 d o r ao r r l0 r O O O N OD W OlN ke y x ~ ~z X N X X X r-I kD cq m o 0 r- N / N In r O N M M O O .-I n O O O C F r C O \ \ U r r- (D r r r U CO 00 OD a t0 ~o (d r. LI O N ~ w a) p W N i Q ~ e IZ 4J F4 N z O in ~o m ro rt; W N •--I U r O N .14 C) O O i In NM i~ 0 0 d y o o 0 °o w 0 .d N F U b .o O 0 w a oy ° H tW.7 a 0 N W a. N T O ~p y$ V U ~a x d d N d w ~v A u .14 (Fn U F U~ A E N U W N W d b 0 N Q O F ea U o F 0 0 0 0 o 0 m o 0 0 C4 Ln d' C' d' Ol N d' N N N N 0) a) N W W rd W -rl -ri -rl -ri d a a Q w a w , N N CD W a o a 0 N + O O N O O O r- O a N 1 N I V} N I v CO C) W M w O O O O a O O N O N N N N N m ~ 7+ N w FX4 P4 0 4J W 7 0 o ro N o 0 a ro v ) ro Ul N x C. UI ctl b N •rl rt k ~ S i N ~ N N O N W A -rl (V -rl O R w b N U -ri 9 ri }-I I-I o 3-I o H N N A 'o O q ra -r l N g 0.1 p •rA at (0A E A U) A ri Y 'o I 041 1 N W 0 O• F 0 09 1 1 > v O A N O ri v -P r d A 0 (y • -I - a o a) (d 0 1 4 u w 4 3 11 +I N •.i N 1 4 O W O 1 O - i :1 0 U U U P U F F 0 U F U I A O w 0 M N a -$3 I• • ~5 I,,M Indirect costs: Please describe the basis for any indirect costs below During FY 2006, the Brazos County Commissioners' Court adopted an indirect cost plan prepared for Brazos County by Vertex. The plan was prepared in accordance with OMB Circular A-87 and was based on actual FY 2005 expenditure information. The consultants determined that the indirect cost rate for the District Attorney's office for Fiscal Year 2006 is 26.618. Therefore the FY2006 estimated indirect costs are: (82,524. + 20,383. +2,450.) x .2661 = $28,035. Average Percentage of Title IV-E related Foster Children: To be supplied by Region Coordinator. Name of person preparing this plan: Margare,t Lalk Telephone Number 979-361-4320 PLAN APPROVED BY: TDFPS REPRESENTATIVE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES DATE page 4 of 4 JIBI BRAZOS COUNTY, TEXAS i FISCAL YEAR 2006 CONSOLIDATED LOCAL CENTRAL SERVICES OMB A-87 COST ALLOCATION PLAN And INDIRECT COST RATE PROPOSAL Based on Fiscal Year 2004 Expenditures CERTIFICATION STATEMENT This is to certify that I have reviewed the cost plan submitted herewith and to the best of my knowledge and belief: (1) All costs (for the fiscal year ended September 30, 2004) included in this proposal dated October 12, 2005, to establish cost allocation or billings for the period of October 1, 2005 to September 30, 2006, are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments," and the federal award(s) to which the apply. Unallowable costs have been accounted for in allocating costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Brazos County, Texas Signature: Ms. Katie Conner Brazos County Auditor Date of Execution: lo-17-or Indirect Cost Rate Calculation Total Allowable Indirect Costs: $ 6.456.525.61 = 26.61% County-wide Indirect Cost Rate Total Operating Salaries/Wages: $ 24,266,723.65 CERTIFICATE OF COST ALLOCATION PLAN This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief: (1) All cost included in this proposal dated to establish cost allocations or billings for 9 11105- 8/31/06 are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments," and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocation costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Furthermore, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Governmc Signature Name of ( Title County Judge Date of Execution 9/0YIc~ CONSULTING AGREEMENT THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford & Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as CLIENT. WITNESSETH WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution of certain telecommunication problems it has now, or anticipates encountering in the future; and WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth; NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: CLIENT HEREBY engages CONSULTANT for the period of twenty-four (24) months to render the CLIENT such consulting services as are more particularly described in the attached "Exhibit A", which services CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. II CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency. III A CREDIT CHARGE of two percent (2%) per month on the unpaid balance shall be charged to CLIENT on all invoices remaining unpaid for more than thirty (30) days, and all costs of collection, including reasonable attorney fees and expenses, shall be borne by the CLIENT in the event any invoices are not paid-in a timely manner. IV THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be of no force and effect unless embodied in writing and executed by the parties concerned. Signatures below must be dated within sixty days of one another. Offered By: Ben Sanford Ben Sanford & Associates, Inc Company President IA5/-0 Title Date SERVICES TO BE PERFORMED COUNTY ADMINISTRATION BUILDING -CHURCH PHASE I HOURS Station Equipment 4 A. Confirm Equipment Inventory B. Assign Phones New Building C. Cabling Isusues Coor. With IT D. Review Bilding Issues E. Architectural Input As Needed F. Produce Location Designs II. Station User Requirements 5 A. Interviews B. Evaluate Interviews C. Assess Equipment/Feature Needs D. Assess Voice Mail and Messaging Needs E. Explore Alternative Methods III. Recommendations Reporting - As Needed 8 A. Outline Departmental Requirements B. Review Equipment Considerations C. Provide Estimated Financials D. Formulate Recommendations E. Present Report PHASE H IV. System/Network Design - Tel, VM, Auto Art 7 A. Design S tern Requirements B. Design Network C. Submit Design Proposal V. Equipment Acquisition 22 A. Prepare Proposal Documents B. Release Request for Proposal C. Handle vendor Questions/Issues D. Evaluate Vendor Responses E. Present Report F. Approve Vendor Contract PHASE III VI. System/Network Implementations 12 A. Conduct Coordination Meetings B. Approve Cable and Station Equipment C. Accept Switch and System Software D. Verify TrunkiPC and Network Services E. Approve Any ripheral Equipment F. Observe Training and Documentation G. Assist with Verizon Orders TOTAL 58 MOO PAGE /O6 EXHIBIT B FEE SCHEDULE Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage, printing, and other misc. items). Automobile travel shall be expensed at .55 per mile. Total Fee for Services Shall Not Exceed $7,250 (58 hours), plus estimated expenses of $2,250, for a total of $9,500. Invoices shall be rendered monthly, or at completion of major tasks. If the number of Vendor Proposals exceeds six (6), then each additional proposal analysis shall be invoiced for 6 hours at $125.00 each, or $750. Additional proposals shall be accepted only with prior approval of Client. Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses. FEE INCLUDES A ONE YEAR FOLLOW-UP FOR ANY RECOMMENDED PRODUCTS OR SERVICES Initials: BSA Client I t:.1 ~ 33 1 CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THE STATE OF TEXAS COUNTY OF BRAZOS THIS CONTRACT is made and entered into by and between The County of Brazos, Texas (The County), acting herein by and through its governing body, and McCreary, Veselka, Bragg and Allen, P.C. (The Firm), 5929 Balcones Drive, P.O. Box 26990, Austin, Texas, 78755. 1. The County agrees to employ and does hereby employ MVBA to enforce by lawsuit or otherwise the collection of all delinquent taxes, penalty and interest owing to all of the taxing units for which The County collects property taxes except the Bryan ISD. Current year taxes which become delinquent within the period of this Contract shall become subject to the terms of this Contract upon the following conditions: A. Taxes on real property that become delinquent during the term of this Contract, that are not delinquent for any prior years, become subject to the terms of this Contract on July I" of the year in which they become delinquent. B. Taxes on tangible personal property that become delinquent during the term of this Contract become subject to the terms of this Contract if not paid within sixty days of the date on which the taxes become delinquent. C. Not withstanding A and B above, taxes on tangible personal property and real property that become delinquent during the term of this Contract that are also delinquent for prior tax years and is the subject of a lawsuit to collect the prior years delinquent taxes, shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. II. The County agrees to furnish all necessary delinquent tax information to The Firm on all property within the boundaries of The County. The County shall provide The Firm a computer file of all delinquent taxes each quarter of the year. The County hereby authorizes The Firm to determine the name, identity and location of necessary parties and to procure necessary legal descriptions of property and hereby assigns to The Firm the right to recover the costs of obtaining such information. www.mvbalaw.oom Page 1 o14 r III. The Firm agrees to mail the tax notices required by Sections 33.07, 33.08, and 33.11 of the Texas Property Tax Code at no charge provided that The County furnishes the current year delinquent tax information on computer tape to The Firm on or before the 10th day of May of each year. IV. The County shall provide Office Space in the County Tax Office to accommodate two (2) employees of The Firm and system access for The Firm's two (2) computer terminals and a printer. V. The Firm is to advise The County of errors, double assessments or other discrepancies coming under observation during the progress of the work. VI. The Firm is to intervene on behalf of The County in all suits for ad valorem taxes hereafter filed by any other taxing unit on property located within its boundaries. VII. The Firm agrees to make written delinquent tax collection progress reports to The County quarterly or upon request. VIII. A goal for total delinquent collection for each of the four taxing jurisdictions is established. The percentage collection goal shall be calculated using September I Delinquent Balance as compared to the following August 31 Delinquent Balance. The goal will be set by calculating the percentages for each of the last three years and using the highest percentage achieved rounded up to a whole number. The data used will be that shown on the monthly reports of the Brazos County Tax Office. If a goal is not met or exceeded, The Firm shall pay a penalty to The County in the amount of six thousand ($6,000), the City of Bryan in the amount of four thousand ($4,000), the City of College Station in the amount of two thousand five hundred ($2,500) or to the College Station Independent School District in the amount of nine thousand ($9,000). w .mvbalaw.oom y' ^ Q 2- /O 2 Page 2 of 4 IX. The County agrees to pay The Firm, for services rendered, fifteen percent (15%) of all delinquent taxes, penalty and interest collected by The County for itself and all the taxing units for which it collects except for the Bryan Independent School District, for years covered by this contract. The penalty imposed pursuant to Sections 33.07, 33.08, and 33.11 of the Property Tax Code is not subject to this contractual fee. The County shall pay fees due The Firm monthly by check. X. The Firm agrees to include with its tax lien foreclosures, upon request, for the Cities of Bryan and College Station, any other city liens which are assessed against the same properties. An additional title research fee of twenty-five dollars ($25.00) shall be charged against these properties to be collected as court costs and paid to The Firm. XI. The Firm agrees to pay in the month of July all the taxes, penalties and interest on those accounts on which the total due is one dollar ($1.00) or less. MI. The Firm shall represent the College Station ISD in any necessary appeal of the annual Property Value Study conducted by the Texas Controller of Public Accounts at no cost to the school district. XIII. The Firm shall and does hereby agree to indemnify and hold harmless The County, its officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of The Firm, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Contract, and The Firm will, at its cost and expense, defend and protect The County against any and all such claims and demands. www.mvbalaw.com Page 3 of 4 $F3~ ids xtv. This contract is drawn to covdr a period beginning September 1, 2006, and ending August 31, 2008, with an option for The County to renew for two additional years. During and following the contract period each party shall have the right to terminate this contract by giving at least thirty (30) days written notice of such intention. If no contract is in effect at the end of a two year term this contract will continue until terminated by either party giving at least thirty (30) days written notice; provided however, that The Firm shall have an additional six (6) months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the date of termination and shall have the exclusive right to compensation of fees earned due to these suits during this six (6) month period. In consideration of the terms and compensation herein stated, The Firm hereby accepts said employment and undertakes the performance of this contract as above written. Xv. The Firm fully incorporates into this contract all terms and conditions presented to The County in its "Proposal for the Collection of Delinquent Property Taxes" on May 25, 2006. XVI. This contract is executed on behalf of The County by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in duplicate originals this the 314- day of &T--St , A.D. 2006, Brazos County, Texas. THE CC McCREARY, VESELKA, BRAGG & ALLEN, P.C. Attorneys at Law 5929 Balcones Drive, Suite 200 P.O. Box 26990 Austin, Texas 78755 800-369-9000 BY Shelburne J. Veselka www.mvbalaw.com n P f Page 4 of 4 ID communications Security & Detection Systems Inc. 10E Commerce Way Woburn, MA 01801 Phone: 781-939-3821 Fax: 781-939-3815 ServiceContracts.SDS@L-3com.com 2417 Customer Service 800.776-3031 PLATINUM SCHEDULE ANNUAL EQUIPMENT MAINTENANCE AGREEMENT CUSTOMER: Ms. Marcia Mann Brazos County 300 E. 261h Street, Suite 314 Bryan, TX 77803 AGREEMENT NUMBER: Z-07-31-2006 EQUIPMENT INCLUDED: SERIAL # MODEL # UNIT PRICE LOCATION 59319 SYS 210 $7,535.00 Bryan, TX PERIOD OF PERFORMANCE: October 1, 2006 through September 30, 2007 SCHEDULE OF SERVICES TO BE PROVIDED UNDER THIS AGREEMENT: • 24-hrs/day, 7-days/week emergency repair service • All necessary repair parts • All service labor • All travel and subsistence expenses • All freight expenses • One annual preventative maintenance inspection • One annual radiation safety survey and preparation of FAA Form 1650-17 TOTAL ANNUAL PRICE: $7,535.00 plus tax if applicable PAYMENT TERMS: Annual billing, payment net 30 days PURCHASE ORDER NUMBER: FID #04-3054475 - DUNS # 112753194 $3 , ~d ID Communications Security & Detection Systems Inc. 10E Commerce Way Woburn, MA 01801 Phone: 781-939-3821 Fax: 781-939-3815 ServiesContracts.SDS@L-3com.com 2417 Customer Service 800-776-3031 PLATINUM SCHEDULE ANNUAL EQUIPMENT MAINTENANCE AGREEMENT (CONT) FOR FEDERAL SARBANES / OXLEY ACT REVENUE RECOGNITION COMPLIANCE: If you would like to accept this offer please be sure to include the following information in your Purchase Order for this Maintenance Agreement: Please contact us for instructions if your organization does not utilize Purchase Orders. • PO must be on company stationary signed by a manager / officer of the company • Billing address with contact name, phone and fax numbers • Listing of system serial numbers being covered separated by location (see enclosed list) • Total dollar value of contract • Period of performance for the agreement • Indicate billing preference. (Monthly, Quarterly, Annually, Arrears) • Indicate method of payment: (Check, Credit Card, Electronic Funds Transfer or Blanket Purchase Agreement) THIS IS NOT AN INVOICE. Please do not send payment prior to receiving an official Invoice. NOTE: Upon receipt of your invoice and acceptance of the payment terms please send payment to: L-3 Communications Security & Detection Systems, Inc. 21867 Network Place, Chicago, IL 60673-1218. FID #04-3054475 - DUNS # 112753194 However, please note that the address for L-3 Communications Security & Detection Systems, on all other documents, such as the Purchase Order, must be 10E Commerce Way. Woburn. MA 01801. AGREEMENT TERMS AND CONDITIONS: Per attached ACCEPTED: L-3 COMMUNICATIONS SECURITY AND DETECTION SYSTEMS. INC: Name: Joseph Ziniti Title: Customer Care & Contracts Dept Signature: ( "/'%V:~~ Date: July 31. 2006 Please respond to confirm your intent to renew within 10 business days from the date of this Agreement. This offer is valid for 45 days from the date of this Agreement. FID #04-3054475 - DUNS # 112753194 `g3 /07 BRAZOS COUNTY: I communications Security & Detection Systems Inc. 10E Commerce Way Woburn, MA 01801 Phone: 781-939-3821 Fax: 781-939-3815 ServiceContracts.SDS@L-3com.com 2417 Customer Service 800-776-3031 ANNUAL EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS 1. L-3 Communication Security and Detection Systems, Inc. hereinafter referred to as Seller, will provide response as soon as possible to requests for equipment service from Buyer's authorized representative. 8-hour Seller response time will be typical in geographical locations where Seller has resident service engineers. 24-hour Seller response time will be typical in geographical locations where Seller does not have resident service engineers. 2. As applicable to the specific maintenance agreement schedule, service actions performed by Seller will include all parts, materials, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications. Seller will not perform any modifications to the equipment without Buyer's written approval. 3. Service actions performed by Seller under this agreement will not include maintenance or repair of accessories, attachments, machines, or other similar devices not originally supplied or provided by L-3 Communication Security and Detection Systems, Inc; painting or refinishing of equipment or providing such painting or refinishing materials; or furnishing supplies, accessories, or other similar devices except as specifically required for equipment repair or maintenance. Also excluded from this agreement are parts, materials, and other ancillary equipment which have been damaged due to improper handling; power surges, exposure to the elements of extreme heat, extreme cold, moisture; acts of nature such as rain, sleet snow, earthquakes, lightening, hurricane, ect. Equipment failures resulting from installation or operation or use in any manner not in accordance with L-3 Communication Security and Detection Systems, Inc. instructions; failures resulting from installation or operation or use in any manner not in accordance with L-3 Communication Security and Detection Systems, Inc. instructions; equipment damage due to misuse or abuse (through negligence, accident, or vandalism); erroneous reports by Buyer of equipment failures; and equipment which has been repaired or modified without the written approval of L-3 Communication Security and Detection Systems, Inc. 4. Seller will perform all service actions at the equipment site whenever possible and practical. Seller will perform all service actions with the least possible interference or disruption to the orderly conduct of Buyer's normal operations. Upon the completion of service, Seller will leave Buyer's premises in as neat, orderly, and clean condition as before the service was begun. 5. Buyer will provide adequate facilities for Seller's personnel. The facilities will include adequate workspace, heat, lighting, ventilation, proper electrical current, and earth grounded electrical outlets. The facilities will be located within a reasonable distance from the equipment being serviced and will be provided by Buyer at no cost to Seller. 6. Seller will not be responsible for Buyer's failure to provide prompt access to the equipment or to adequate facilities. 7. Seller will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. 8. Seller will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this agreement. FID #04-3054475 - DUNS # 112753194 ID communications Security & Detection Systems Inc. 10E Commerce Way Woburn, MA 01801 Phone: 781-939-3821 Fax: 781-939-3815 ServiceContracts.SDS@L-3com.com 2417 Customer Service 800-776-3031 ANNUAL EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS (CONT) 9. Upon agreement between Buyer and Seller, Seller may perform additional services beyond Seller's obligations under this agreement. Such services may include, but are not limited to, equipment installation, relocation, and re-installation. All such services, when performed, will be invoiced to Buyer in accordance with Seller's prevailing standard service rate schedule. 10. Upon completion of service, Seller's service engineer will submit the Service Call Report (SCR) to Buyer's authorized representative. The SCR will itemize the service actions performed. Buyer's authorized representative will be provided with a copy of the completed and signed SCR. Should Buyer fail to have an authorized representative on site for any reason upon completion of Seller's services, the lack of Buyer's authorized representative's signature on the SCR will not be a basis for claiming that unsatisfactory service was provided by Seller. 11. Cancellation during the contract period. In the event that equipment supplied by L-3 Communication Security and Detection Systems, Inc. is replaced with the equipment under contract, the customer may cancel this contract without charge by giving written notice to L-3 Communication Security and Detection Systems, Inc. In the case of a cancellation for any other reason, the customer must provide L-3 Communication Security and Detection Systems, Inc. 90 days prior written notice of cancellation or pay L-3 Communication Security and Detection Systems, Inc. 25% of the remaining annual contract fee as liquidated damages. L-3 Communication Security and Detection Systems, Inc. also reserves the right to cancel this contract upon written notice if the customer is in default. 12. Buyer retains the right to cancel this agreement immediately and without advance notice to Seller should Seller's services be unsatisfactory in quality or should Seller fail to perform in accordance with the statement of services for any reason within Seller's control. In the event of such cancellation, Buyer will notify Seller in writing. Buyer will pay only for the services rendered up to the date that Seller receives the written cancellation notice. 13. Seller will not transfer or assign its obligations under this agreement, either in whole or in part, without the prior written approval of Buyer. 14. Seller shall not be liable for, and the Buyer hereby assumes and will indemnify and save Seller harmless from, any loss or damage arising out of the maintenance, operation or use of the System or any test equipment except such as may originate from the negligence of Seller or its representatives. FID #04-3054475 - DUNS # 112753194 $3 o 7 { - f communications Security & Detection Systems Inc. 10E Commerce Way Woburn, MA 01801 Phone: 781-939-3821 Fax: 781-939-3815 ServiceContracts.SDS@L-3com.com 24/7 Customer Service 800-776-3031 ANNUAL PREVENTATIVE MAINTENANCE FOR X-RAY SYSTEMS VISUAL AND MECHANICAL: • Vacuum system interior and exterior • Lubricate conveyor rollers • Inspect condition of conveyor belt and lacing • Adjust conveyor belt tension and tracking • Inspect condition of x-ray sensor dust shields • Inspect for x-ray generator oil leakage • Align and clean optical sense modules • Test indicator lamps for proper operation ELECTRONIC: • Adjust x-ray tube voltage and current • Test operator control panel functions • Adjust monitors • Inspect conveyor relays • Adjust power supply voltages • Collimate x-ray beam • Verify x-ray image quality & resolution OPERATIONAL SAFETY: • Inspect AC line cord for damage and test for proper grounding • Inspect finger guards and/or pop-out rollers for damage • Verify conveyor under panels are securely attached Test emergency stop switches • Test emergency stop switches RADIATION SAFETY: • Measure radiation dose per inspection (annual),test all safety interlocks for proper operation • Measure external radiation emissions (annual) • Test all "x-ray on" indicators for proper operation • Inspect condition of lead curtains, • Inspect operator footmat for condition and test for proper operation • Preparation of FAA Form 1650-17. FID #04-3054475 - DUNS # 112753194 9_~3 ~::n ita BRAZOS COUNTY / COMMISSIONERS' COURT ACTION FORM ~O DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 8, 2006 ITEM: Request from Wickson Creek Special Utility District to construct a road bore in the right of way of Pamela Lane (Harvey Hillsides Subdivision) approximately 260 ft. from its intersection with Vista Lane for water line installation. Site is located in precinct 3. 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: SUBM T D BY: APPROVED BY: Richard F. Vance, P.E. Commissioner i el ny Mallar County Engineer Precinct 3 0006-056 This Request i pProved VI Denied ❑ by Commissioners' Court Date: /D'✓O4~ Judge O in 0 3 i c w Y N ~ II 0 o i Z U i V r~ ~MI.. ~ l 111 19 A wow@ N 9 1 IF) LI :..fi.•Ki.r__~~ 11 / V U 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)witkson creek Sun proposes to place a (type)waterline within the right-of-Way of (road)_pAwT e T emF In Brazos Courtly, Texas as follows: The location or description of the proposed installation is more fully shown by copies of the drawings attached to this notice. I understand and agree that. The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated Inspector may inspect the actual installation. 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. That 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. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way, S. That 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. That 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. That all sites will be barricaded during the construction period. Construction of this line will begin on or after the _L day of August 192006 !'I/e APPROVED COURT O~ Date i k, d pcl-3 W. Jon County Judge RGV1..d 812"7 Firm: c ek s By: Title:~n, wn.e Address: 1.0. sox 4756 Bryan, T%,. 77805 Phone: 979 589-30 ~'3 BRAZOS COUNTY ` COMMISSIONERS' COURT ACTION FORM / DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 8.2006 ITEM: Request from Verizon Communications to construct buried cable installations in the right of way of Koppe Bridge Road beginning approximately 2,800 feet southwest of its intersection with I&GN Road extending for a distance of 300 feet: proposed cable will be buried at a minimum depth of 30 inches. Site is located in Precinct 1. 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. ACTION REQUESTED OR ALTERNATIVES: SUBMITT BY: APPROVED BY: WA~ Richard F. Vance, P.E. Corn sinner Lloyd Wassermann County Engineer Precinct 1 0006-057 This Request is Approved / ZDenied ❑ by Commissioners' Court Date: Randy Simw, County Judge verizn Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 Jully 25, 2006 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried communications line on County Roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416-3POAODQ which is scheduled for August 2006. If you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979-821-4752 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, ~Ar f AT,, a' Jim Survant Supervisor - Network Engineer JS:ec Attachment VERIZON COMMUNICATION Notice of Line Installadon July 25, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Beginning at a point approximately 2800' southwest of the intersection of IGN and Koppe Bridge Road, 300' of buried cable will be placed southwest at 5' within the right-of-way of Koppe Bridge Road. Then a bore will be made continuing southwest across Meadow Creek Drive for 100'. The proposed cable will be buried to a minimum depth of 30". The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after August 20, 2006. VERIZON COMMUNICATIONS 5416-3POAODQ Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 .83 ' I l(o G111~~!'1N •Ilw ool FI aI mI Ixl ml ~I ^ tdd) 00-901OK3 ! ' cdd> 03 !OK3 r921G021. 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Isel a ?-H 08 300188 3ddON m N - J 0 ^ Olt rv m d tic ns $ $y Q 4 8 9 w m N N D gg= RP N M; was N t ..0 ` mmi- a' - n O Q ~o~is n w r w z o J LL BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 8, 2006 ITEM: Request for permission to enter G. W. Lightsev's property located off Newsome Cemetery Road for the purpose of widening the existing road right of way for Brazos County maintenance and for the health, safety and welfare of the general public. Site is located in Precinct 2. PRESENTATION: County will relocate the existing fence line and will clear all brush and trees within this area to the owner's cattle guard which will also be designated as the end of the road. All brush and trees will be cleared and burned on a designated area of the owner's property for disposal. Brazos County will then begin maintenance of Newsome Cemetery Road. SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Gemmussie County Engineer Pzeeiaet-2- ti /o 0006-059 , z This Request is Approved (or) Denied by Commissioners' Court Date: 1-1 8/UMy"19 Randy Sim;!Count Judge lJg 93 PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Road 8 Bridge Dept. Brazos County Judge 2617 Hwy 21 West Bryan, Texas 77803 Lloyd Wassermann Office# 979-822-2127 Commissioner Pct 1 Pax# 978'776'0453 E. Duane Peters Commissioner PG 2 Kenny Mallard Commissioner Pd 3 Carey Cauley Commissioner Pa 4 DATE: July 18, 2006 1. LAND OWNER AND ADDRESS: G. W. Lightsey 9801 River Road College Station, Texas 77845 II. LOCATION OF WORK: Newsome Cemetery Road (off River Road) III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property for the purpose.of widening the existing right of way beginning at the culverts approximately 16' in order to maintain a right of way width of 55'. Brazos County will relocate your existing fenceline and will clear all brush and trees within this area to your cattle guard which will also be designated as the end o the road. We will stack an urn a o the trees an rue on a designated area of your property for disposal. Brazos County will then begin maintenance of Newsome eurnetery Ruud. IV. MAINTENANCE YES - NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: (Ow will be notified prior to maintenance.) Richard F. Vance, P.E. Engineigir'AktalPof4wnan/Right6t ay Agent County Engineer Owner's Signature: 11 Date: q~~ KAY HAMILTON County Treasurer Brazos County Courthouse 300 E. 26th, Suite 313 DATE: July 28, 2006 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 06/30/06 Investment Report Bryan, Texas 77803 (979) 361-4340 This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 4.88% on the quarterly average balance of $5,430,294.20 invested with TexPool for the period ending 06/30/2006. Investment interest deposited during the quarter was $65,827.55. The year-to-date investment interest earned was $177,465.02 with an ending balance of $5,452,683.61 invested with TexPool as of 06/30/2006. The average Earnings Credit Rate on checking account interest for the quarter ending 06/30/2006 was 5.16% netting $821,392.36 on an average depository balance of $64,736,241.16. Year-to date checking account total interest deposited was $2,113,396.41. Investment Strategy (1) June 2006 (Frost Bank Capital Markets) - Fed members have continued a relentless assault on the market with their tough anti-inflation rhetoric..., the fed funds futures market has priced in a good chance of the FOMCgoing to 5.57 at the August 8 meeting.... With all this negative sentiment going around some Wall Street firms have started to predict an eventual 6% target rate." And to quote Bob Ross of Funds Management Group, Inc., 'The implications for liquidity portfolio strategy is straightforward - stay short and ride these rate moves up.' (2) The County's depository contract provides for interest to be paid on deposited funds at the rate of the 3-month treasury + 55 basis points while being 110% collateralized and available daily. The interest rate on funds on deposit with CitiBank in the third quarter of 2006 should continue to outperform agency discount notes with a 1-year or less maturity and other products approved by the PFIA and the Brazos County Investment Policy. Because of (1) the current economic condition outlined above, (2) the interest rate and collateral provided by the current depository contract, and (3) the maturity risk associated with a product that would produce a higher rate than the depository bank, the Brazos County investment remains unchanged with -a concentration of County funds in the Brazos County depository. ACEDG ovlo6 V ~3 PACE ~ Rau sints,countyJudge date Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. Interest Rate and Earning by Month TexPool Checking Acct Earnings Interest Interest Rate Interest Credit Rate October 2005 16,945.81 3.7823 163,875.86 3.99 November 2005 17,350.18 3.9888 172,073.76 4.26 December 2005 18,793.60 4.1676 197,590.53 4.43 Q/E 12/31/2005 53,089.59 3.9796 533,540.15 4.23 January 2006 19,329.80 4.2714 226,463.57 4.44 February 2006 18,391.85 4.4833 251,715.40 4.79 March 2006 20,826.23 4.5697 280,284.91 4.98 Q/E 03/31/2006 58,547.88 4.4415 758,463.88 4.74 April 2006 20,985.21 4.7397 271,135.90 5.06 May 2006 22,516.46 4.9024 278,371.28 5.15 / June 2006 22,325.88 5.0021 271,885.18 5.27 Q/E 06/30/2006 65,827.55 4.8814 821,392.36 5.16 YTD TOTALS 177,465.02 2,113,396.39 Attached are the following reports: 1) Quarterly Investment Activity Report 2) TexPool Investments 3) Cost Amount Summary of Investment 4) Investment by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. 0s, o Z. O G Ka'y Ho ton, County Treasurer Date Te ri White, Chief Deputy Treasurer Date Volt QUARTER ENDING 0613012006 INVESTED FUNDS ACTIVITY REPORT FUND 1 - POOLED FUND GROUP TEXPOOL INVESTMENTS (OCT.2005-SEPT.2006) n ~ Lr) [J L ( O M 06 04 cli M ~ W N r 04 N M VT fH EA O M O 0 O p a ° a 04X a m x i y x C ~ d ~ N ~ • V d df ~ W O W V V 0 0 Y ea V d c_ cc E N V a d R L d L Y c {Q O O a x d F L 3 16 C d E M N d C R d N 7 A V d a d E ea N d L N d 7 A Y O O m ~r $3 lad INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ - Health Endowment Fund $ State Lateral Road $ - Courthouse Security $ - Voter Registration $ Vehicle Inventory Tax Interest $ General Obligation Debt Svc. $ General Permanent Impv. $ Exposition Center Fund $ 2,124,498.57 C.O. Issue 2003 $ 3,243,322.69 C.O. 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