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HomeMy WebLinkAbout2006-08-22-9:00AM-REGULARFIB... 10 kUG 18 P 4. 34 BRAZOSCOUNTY BRYAN, TEXAS nriY w' 1€xs 6 , DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 22 AUGUST 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE, BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 50: 3. Budget Amendment 05/06-44.1 thm 05/06-44.14. 4. Presentation of Ms. Erika D. Bonnett, candidate for County Extension Agent - Urban Youth Development by Dr. Dale Fritz, District Extension Administrator and approval of appointment. 5. Personnel Change of Status. 6. Payment of Claims. 7. Establish a speed limit 3,300 feet from the intersection of FM 2776 on Harris Lane in Precinct 2. 8. Establish date and time for a Public Hearing to consider the installation of a stop sign on Wayfarer lane at its intersection with Nantucket Drive and on Tucker Nuck at it's intersection with Nantucket Drive in Precinct 1. 9. Appointment of an Advisory Group to assist and inform the Spanish language election group. La cita de un C rupo Consultor para ayudar e informar el programa espanol de la elecci6n. Office of the County Judge . 300 East 26M St. • suite 114 ~-Bryan, Texas 77803 . Fax: (979) 361-4503 Commissioners Court Agenda 22 August 2006 Page 2 10. Appointment of the Central Count Staff for the 7 November 2006 General Election conducted by Brazos County. La cita del Personal Central de Contado para la Election General de Noviembre 7, 2006 realizada por el Condado de Brazos. 11. Brazos County Order #06-006 calling for a General Election to be held on 7 November 2006 for the ptapose of electing specific county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. El Ilamamiento de la Orden #06-006 del Condado de Brazos para una Election General ser tenido el 7 de noviembre 2006 para el proposito de elegir a oficiales especificos de condado y precinto como requerido por Artieulo AW la Section 65 de la Constitution de Tejas. 12. Resolution 06-010 recognizing and thanking Sara Tigerina for her years of exemplary service to Brazos County. 13. Commercial Lease Agreement with the City of Bryan for lease of a vacant portion of the Federal Building located at 216 W. 26th Street, Bryan, Texas. Term of agreement is r 1 October 2005 ihrough 21 July 2009 with the option to terminate the lease upon ninety (90) days written notice. 14. Interlocal Agreement with the Brazos County Emergency Communications District (911) to include the employees of the District in the County's health and dental insurance program, effective 1 September 2006. Agreement will automatically renew on January 1" of each year for a one year term, with the option to terminate upon ninety (90) days written notice. 15. Agreement with Texas A&M University for the employment of eligible students participating in the Federal Work Study Program. 16. Renewal of the Bryan / College Station Metropolitan Planning Organization (MPO) Fiscal and Personnel Management Agreement. Term of agreement is 1 October 2006 through 30 September 2007. 17. Support agreements with Hewlett-Packard for the following services (term of agreements 8/24,'06- 10/31/06): a. hardware support b. software support 18. Renewal of the Contract with Duval County for Juvenile Residential Services, with no changes from last year's contract. Term of agreement is 1 September 2006 through 31 August 2007. 19. Renewal of the Contract and Agreement with Hays County for secure long-term and short-term Residential Service of Juvenile Offenders, with no changes from last year's contract. Term of agreement is 1 September 2006 through 31 August 2007. 2-3 - L4a Commissioners Court Agenda 22 August 2006 Page 3 20. Renewal of the Contract and Agreement with Bowie County for Post-Adjudication Detention, with no changes from last year's contract. Term of agreement is 1 September 2006 through 31 August 2007. 21. Contract with Homes 4 Good for foster care services. Term of agreement is 1 September 2006 through 31 August 2007. 22. Memorandum of understanding between Brazos County Juvenile Services and the Brazos County Sheriff's Department establishing the Sandy Point Detention Center as an emergency evacuation site for Brazos County Juvenile Detention. Term of agreement is 22 4ugust 2006 through 1 October 2007. 23. Memorandum of understanding between Brazos County Juvenile Board and the Bryan, College Station and Navasota Independent School Districts regarding the Brazos County Juvenile Justice Alternative Education Program for the 2006-2007 school year. 24. Renewal of the Commercial Lease Agreement with Mental Health Mental Retardation Authority of Brazos Valley for space leased to Brazos County Juvenile Services at 623 Marylake (building C) in Bryan, Texas with no changes from last year's contract. Term of agreement is 1 September 2006 through 31 August 2007. 25. Permission to accept the following property donated to the Brazos County Juvenile Services Department: a. Bibles for the Juvenile Detention Center; estimated value is $779.48. 26. Acceptance of the Governor's Criminal Justice Division grant award for the Criminal Law Enforcement Assistance and Response (CLEAR) Team (grant #18448-01). 27. Request from Archie Clark, Precinct 1 Constable, for permission to appoint Russell A. Nobles as a non-paid Deputy Constable. 28. Tax Refund Applications for the following: a. Bryan Traditions, LP b. Simuel Cavin c. F. Barron & Kaye P. Hobbs d. Texcon e. Joan Tila-Short f. Mary Vallejo g. Vietnamese Taste Restaurant It. Danny D. Watkins i. Bradley & Connie Williams j. Martha F. Wood 29. Commissioners Court minutes for the following 2006 dates: a. 6 June 2006 Regular Meeting f. 27 June 2006 Regular Meeting b. 7 June 2006 Special Meeting g. 7 July 2006 Workshop Session c. 13 June 2006 Regular Meeting h. 11 July 2006 Regular Meeting d. 20 June 2006 Regular Meeting i. 18 July 2006 Regular Meeting e. 21 June 2006 Special Meeting j. 25 July 2006 Regular Meeting Commissioners Court Agenda 22 August 2006 Page 4 30. Change Order No. 005 for additional masonry added to the screen wall for the Sheriff s Administration Building. 31. Change Order No. 006 for revision of conduit routing from the Detention Center to the Sheriffs Administration Building. 32. Change Order No. 008 to supply 4" conduits instead of 2" conduits for the telephone service to the Sheriffs Administration building, as requested by Verizon. 33. Renewal of RF1' 2005-033R - Auctioneer Services for Brazos County, with Swico Auctions with no changes. Renewal will be from 10 September 2006 until 9 September 2007, with the new RFP number 2006-040R. 34. Permission to accept seized property awarded to the Sheriffs Office in the Justice of the Peace, Pct. 2 1 Court; property will be sold at public auction. 35. Award of the Annual Contract for grease trap pump out and disposal to G&L Services. Contract term is 10/01/06 through 9/30/07 with an option for renewal. 36. Award of the Annual Contract for elevator maintenance on three (3) elevators located in the courthouse to Kone Elevator Service. Contract term is 10/01/06 through 9/30/07 with an option for renewal. 37. Renewal of Bid 2005-037R - Uniforms for the Sheriffs Department, to Lonestar Uniforms, Inc. for the same price without any escalation for the period of 1 October 2006 through 30 September 2007. This renewal number will be Bid 2006-039R. 38. Contract with Patterson Architects to provide architectural services for the County Administrative Facility 39. Renewal of the Annual Contract for scrap tire disposal with Able Tire Disposal with no increase in prices. Contract term is 10/01/06 through 9/30/07. 40. Request from Verizon Communications to construct a road bore in the right of way of North Graham Road approximately 1,700 feet northeast of its intersection with I&GN Road for buried cable installations. Site is located in Precinct 1. 41. Request from W ickson Creek Special Utilities District to construct 10 road bores and 920 ft. of parallel water line installations in the right of way of Weedon Loop, Elmo Weedon Road and Treebrook Lane. Site is located in Precinct 3. 42. Request from Wellborn Special Utility District to construct 5,300 ft. of 2 inch PVC water line in the right of way of Koppe Bridge Road. Site is located in Precinct 1. 43. Request for permission to enter Mervin D. Peters' property located off Wilcox Lane (approximately 4.000 ft. from FM 2776) for the purpose of constructing a work zone to accommodate the replacement of the existing wooden bridge structure for the health, safety and welfare of the general public. Site is located in Precinct 2. ~UZ Commissioners Court Agenda 22 August 2006 Page 5 44. Request for permission to enter LeRoy V. Kenny's property located off Wilcox Lane (approximately 4,000 ft. from FM 2776) for the purpose of constructing a work zone to accommodate the replacement of the existing wooden bridge structure for the health, safety and welfare of the general public. Site is located in Precinct 2. 45. Acceptance of a Special Warranty Deed from Thomas Fisher for improvements to Old Reliance Road located in Precinct 2. 46. Payment authorization from the Brazos County Bail Bond Board in the amount of $77.00 to Sheiness, Scott, Grossman & Cohen, LLP for legal services. 47. Payment authorization from the Bryan / College Station MPO in the amount of $195.00 to the University of Tennessee for conference registration fees. 48. Establish date and time for a Public Hearing on the Proposed Budget for Fiscal Year 2007. 49. Proposal to increase Tax Revenues. 50. Establish date and time for a Public Hearing for a Tax Increase. 51. Presentation of the Proposed Budget for Fiscal Year 2007. 52. Acknowledgement of certificates of completion for the required course of training on the Texas Public Information Act and the Texas Open Meetings Act for the following elected officials: a. Donald Lainpo b. Chris Kirk 53. Announcement c f interest items and possible future agenda topics. 54. Call for citizen input and/or concerns. 55. Agency/ Board Committee reports by Court members. 56. 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. g3 r 4s. COMMISSIONERS' COURT REGULAR MEETING AUGUST 22, 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 22, 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. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Demetrios Basdekas a) Said that he had done homework on the Exposition Center. He asked the County Judge if it is now being called the Coliseum Complex. The County Judge replied that it has not been named yet but that it has been referred to by both names. Mr. Basdekas then played a tape he secured through the help of the District Attorney by an open records request. The portion he played was a response by the County Judge to someone in the Expo Committee meeting. It was barely Vol 'U - Page ! the Commissioners Court meeting August 22, 2006 2 audible but was in reference to holding shows at the Expo. Mr. Basdekas said this is not what the voters intended. He claimed the meetings were held in secrecy and that it is not a way to run public business. The Court next considered Budget Amendment #05/06-44.1 through 44.14 that would reallocate funds for the Brazos Center, Constable, Precinct 1 (2), Constable, Precinct 3, 85th District Court, Building Maintenance, Agriculture Extension Service, Church Renovation, Emergency Management, 361st District Court and Juvenile Services; transfer funds from Contingency to the Jail Division, Constable, Precinct 2, and Sheriff's Department. on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was the presentation of Ms. Erika D. Bonnett, candidate for County Extension Agent- Urban Youth Development by Dr. Dale Fritz, District Extension Administrator. Dr. Fritz went over Ms. Bonnett's qualifications and requested the Court's approval. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of Dr. Fritz and welcomed Ms. Bonnett to Brazos County. Vol $3 _ Page 147 Commissioners Court meeting August 22, 2006 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7022270 through 7022684 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The Court next considered establishing a speed limit 3,300 feet from the intersection of FM 2776 on Harris Lane in Precinct 2. On motion by Commissioner Peters seconded by Commissioner Cauley, the Court voted unanimously to set a 40 mile per hour speed limit 3,300 feet from the intersection of FM 2776 on Harris Lane. The Court proceeded to set the date and time for a Public Hearing to consider the installation of a stop sign on Wayfarer Lane at its intersection with Nantucket Drive and on Tucker Nuck at its intersection with Nantucket Drive in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to set the Vol 93 . Page 4 k Commissioners Court meeting August 22, 2006 4 Public Hearing at the Brazos County Courthouse in the Commissioners Courtroom. Commissioners Wassermann and Peters then amended their motion and second to include the date and time of Tuesday, September 12, 2006 at 10:00 a.m. The next matter before the Court was the appointment of an Advisory Group to assist and inform the Spanish language election group. Each member of the Commissioners Court including the County Judge, as well as the County Clerk and the Registrar of Voters, shall appoint one member of the advisory group. Karen McQueen, County Clerk noted a correction of Lupe Ostiguin, Sr. rather than Jessie Ostiguin. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously appoint the following individuals to serve on the advisory group: Randy Sims, County Judge Carol McFaddin Lloyd Wassermann, Comm., Pct 1 James Nobles Duane Peters, Comm., Pct 2 Helen Chavarria Kenny Mallard, Comm., Pct 3 Greg Rodriquez Carey Cauley, Jr., Comm., Pct 4 Cruz Ramirez Karen McQueen, County Clerk, Patrick Gendron Buddy Winn, Tax A/C Lupe Ostiguin, Sr. The Court next considered the appointment of the Central Count Staff for the November 7, 2006 General Election conducted by Brazos County. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously Vol Page 14! Commissioners Court meeting August 22, 2006 5 to appoint the following individuals to serve on the Central Count Staff: Early Voting Ballot Board: Bernice Lewis, Judge, Republican Debbie Lange, Alt. Judge, Democrat Central Counting Station: Darlene Nichols, Manager John Anderson, Judge, Republican Debbie Lange, Alternate Judge, Democrat Tabulators: Cray Crouse, Tabulation Supervisor Cory Bluhm, Assistant Tabulator Tracy Price, Assistant Tabulator The next matter before the Court was to consider adopting Order #06-006 Order of General Election. An election is to be held November 7, 2006, in Brazos County, Texas for the purpose of electing county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt the Order for General Election. A copy of the Order is attached hereto. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #06-010 recognizing and thanking Sara Tigerina for her years of exemplary service to Brazos County. The Court next considered entering into a lease agreement Vol ~-3 Page . 15 D Commissioners Court meeting August 22, 2006 6 between Brazos County and the City of Bryan for rental of office space (room 104 and room 108B or 925 square feet) in the Federal Building located on 216 W. 26th Street, in Bryan, Texas, for the storage of county documents. Term of the lease is from October 1, 2005 through on July 21, 2009. The County agrees to pay to the City of Bryan the amount of six hundred ninety three dollars & 75 hundreds dollars ($693.75) per month. The County Judge asked his secretary to contact the District Clerk and have him come down to discuss this item. The Court next considered entering into agreement with the Brazos County Emergency Communications District (9-1-1) pursuant to the authority of the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791 for the employees of the District to be included with the employees of the county in the county's Group Health and Dental Insurance Program (but not including the County's Life Insurance Program). On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to enter into agreement with the Brazos County Emergency Communications District (9-1-1) and authorized the County Judge to execute the Agreement on behalf of Brazos County. The Agreement becomes effective September 1, 2006. A copy of the Agreement is attached. The Court next considered entering into agreement with Vol ?3 Page /5/ Commissioners Court meeting August 22, 2006 7 Texas A&M University for the employment of eligible students participating in the Federal Work Study Program. Texas A&M University will be responsible for paying to the student the compensation for the work performed. Brazos County will pay to Texas A&M the gross monthly earnings to cover its 25 percent of the compensation of the students employed under the agreement. Brazos County agrees to pay the required State and Federal Income Tax and Social Security, if applicable. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with Texas A&M University and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter before the Court was the renewal of the Bryan/College Station Metropolitan Planning Organization Fiscal and Personnel Management (MPO) Agreement. The term of the new agreement is from October 1, 2006 through September 30, 2009. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the renewal of the contract with the Metropolitan Planning organization and authorized the County Judge to execute the document. A copy is attached. The Court next considered support agreements with Vol g~ . Page 15a Commissioners Court meeting August 22, 2006 8 Hewlett-Packard for the following services: a) Hardware Support $3,735.42 b) Software Support $1,527.62 They are prorated from August 24, 2006 through October 10, 2006 to allow for a shift of the coverage period to begin November 1, 2006 through October 31, 2007. Renewal agreements for the full one year period will be requested in October. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the two agreements. A copy of each is attached. The next matter before the Court was the renewal of the Contract with Duval County for Juvenile Residential Services. This is to provide housing in the Detention facility for juveniles from Brazos County that have been adjudicated delinquent and placed on probation, and are court ordered as a condition of probation to be placed in the Post-Adjudication Placement Alternative Program. There are no changes from last year's contract. The term is for a period commencing on September 1, 2006 and terminating on August 31, 2007. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal of contract and authorized the County Judge to execute the document. A copy is attached. Vol 93 Page 153 Commissioners Court meeting August 22, 2006 9 The Court proceeded to consider the renewal of Contract and Agreement with Hays County for Secure Long-Term and Short- Term Residential Service of Juvenile Offenders. There are no changes from last year's contract. The term is for a period commencing on September 1, 2006 and terminating on August 31, 2007. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal of contract and authorized the County Judge to execute the document. A copy is attached. The Court proceeded to consider the renewal of Contract and Agreement with Bowie County for Post-Adjudication Detention of Juvenile Offenders. There are no changes from last year's contract. The term is for a period commencing on September 1, 2006 and terminating on August 31, 2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Contract for Foster Care Services between Brazos County and Homes 4 Good. The cost to the County would be $37.00 per day for basic care for each child kept in the home, and $67.32 for moderate and specialized care. The term of the contract is Vol A3 Page 15 Commissioners Court meeting August 22, 2006 10 from September 1, 2006 through August 31, 2007. The County Judge then returned to item number 13 consideration of the lease agreement with the City of Bryan for a portion of the Federal Building. Kay Deno, representing the District Clerk's office came before the Court. The County Judge asked about a leakage problem in the Federal Building. Mrs. Deno replied that yes there was indeed one there. The County Auditor noted that we have had files there the entire fiscal year without paying because we did not have a lease. Commissioner Mallard said we should probably approve the lease and ask them about the leak when we make the payment. If not, then the Court needs to look at other options. Mrs. Deno stated that she had twice reported the leak. The County Judge said he would send a letter. Then on motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement with the City of Bryan and authorized the County Judge to execute the document. A copy is attached. The County Judge proceeded with agenda item 22 that was consideration of a Memorandum of Understanding between Brazos County Juvenile Services and the Brazos County Sheriff's Department establishing the Sandy Point Detention Center as an emergency evacuation site for Brazos County Juvenile Vol F3 Page 145 Commissioners Court meeting August 22, 2006 11 Detention. This is necessary in the event of a natural or catastrophic disaster causing the need to evacuate the Juvenile Detention Center, the Sandy Point Detention Center will house all detained juveniles. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Memorandum of Understanding and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Memorandum of Understanding between Brazos County Juvenile Board and the Bryan and College Station Independent School Districts and the Navasota Independent School District concerning the Brazos County Juvenile Justice Alternative Education Program for the 2006-2007 School year. This is to provide education services for "Mandatory Expulsion" students. There are about fifty five children in the program each year. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Memorandum of Understanding and authorized the County Judge to execute the document. A copy is attached. The Court next considered renewal of a lease agreement between Brazos County and the Mental Heath Mental Retardation Authority of Brazos Valley (MHMR) for rental of space in the Vol 93 Page 1,S& Commissioners Court meeting August 22, 2006 12 building located 623 Marylake, Building C, Bryan, Texas 77801 for use by the Juvenile Services Department. Term of the lease is for the period of one year commencing on September 1, 2006 and ending on August 31, 2007. The County agrees to pay to MHMR the amount of two thousand three hundred eighteen and 40/100 dollars ($2,318.40) per month. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement between Brazos County and Mental Heath Mental Retardation Authority of Brazos Valley (MHMR) and authorized the County Judge to execute the document. A copy of the Lease Agreement is attached. The Court next considered authorizing acceptance of donated property. The Juvenile Services Department has been offered fifty two (52) bibles with an estimated value of $779.48. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the donated property. The next matter before the Court was acceptance of the Governor's Criminal Justice Division grant award for the Criminal Law Enforcement Assistance and Response (CLEAR) Team. This is grant number 18448-01 granting funding of about $300,000.00 which is less than requested and will only fund 50 percent of the personnel. On motion by Commissioner Peters, Vol UQ3 Page / 57 Commissioners Court meeting August 22, 2006 13 seconded by Commissioner Mallard, the Court voted unanimously to accept the funds. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint Russell A. Nobles, 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 Russell A. Nobles as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Bryan Traditions, LP, Over Payment $777.18 b) Simuel Cavitt, Over Payment $65.00 c) F. Barron & Kaye P. Hobbs, Over Payment $99.94 d) Texcon, Over Payment $85.25 e) Joan Tila-Short, Over Payment $54.11 f) Mary Vallejo, Over Payment $32.37 g) Vietnamese Taste Restaurant, Over Payment $22.14 h) Danny D. Watkins, Over Payment $47.03 i) Bradley & Connie Williams, Over Payment $72.98 j. Martha F. Wood, Over Payment 28.89 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 the minutes of the Commissioners' Court meetings held in June and July 2006 on the following dates: Vol 33 Page / 5_E Commissioners Court meeting August 22, 2006 14 Regular Meetings June - 6th, 13th, 20th, 27th Special Meetings June - 7th, 21st Regular Meetings July - 11th, 18, 25th Workshop July - 7th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of Change Order No. 005 for the Sheriff's Administration Building. This will increase the contract amount by $1,643.00 to furnish labor, material, equipment and other items necessary to provide additional masonry to the screen wall due to the slope of the land. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve Change Order No. 005. A copy is attached. The Court proceeded to consider Change Order No. 006 for the Sheriff's Administration Building. This will increase the contract amount by $9,497.00 to furnish labor, material, equipment and other items necessary to revise the conduit routing from the Detention Center to the Sheriff's Administration Building. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve Change Order No. 006. A copy is attached. Change Order No. 008 for the Sheriff's Administration Building. This will increase the contract amount by $1,814.00 Vol . $ Page 159 Commissioners Court meeting August 22, 2006 15 to furnish labor, material, equipment and other items necessary to provide 4 inch conduits instead of 2 inch conduits for the telephone service to the Sheriff's Administration Building. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve Change Order No. 008. A copy is attached. The next matter before the Court was consideration of the renewal of RFP #2005-033R, Auctioneer Services for Brazos County. Jim Swigert, of SWICO Auctions who provides the services has agreed to maintaining the stipulations of the original contract which are 5 percent of all auctions sales, plus advertising fees for all on line auctions for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to renew RFP #2005-033R, Auctioneer Services with SWICO Auctions. A copy is attached. The court next considered acceptance of seized property. A Wellcraft boat was awarded to the Sheriff's Office in Justice of the Peace, Precinct 2 Place 1 court. The boat is to be sold at public auction. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the seized property. The Court next considered awarding the Annual Contract Vol Q3 Page / &D Commissioners Court meeting August 22, 2006 16 for grease trap pump out and disposal. Marcia Mann, Senior Buyer, recommended awarding the contract to G&L Services. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to G&L Services. A copy of the quote tabulation is attached. The Court proceeded to consider awarding the Annual Elevator maintenance Contract. Marcia Mann, Senior Buyer, recommended awarding the contract to Kone Elevator Service. Kone was the only company to respond. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Kone Elevator Service. A copy of the quote tabulation is attached. The next matter before the Court was renewal of bid 2005- 037R, Uniforms for the Sheriff's Department. Lonestar Uniforms, Inc. will renew the contract with no change in price. The new contract period will be from October 1, 2006 through September 30, 2007. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to renew the contract. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Patterson Vol 83 _ Page / Commissioners Court meeting August 22, 2006 17 Architects to provide Architectural Services for the County Administrative Facility. The contract amount is not to exceed $7,500.00. Any additional services would be invoiced at an hourly rate of $125.00 per hour for Architects and $65.00 per hour for support personnel's time. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Patterson Architects. A copy of the contractual agreement is attached. The Court next considered exercising its option in the current contract with Able Tire Disposal to renew for an additional year beginning October 1, 2006 through September 30, 2007. Able Tire has agreed to provided waste tire disposal services for another year with no increase in price. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to renew for an additional year the contract with Able Tire. A copy of the renewal acceptance is attached. The Court next considered the request from Verizon Communications to construct a road bore in the right-of-way of North Graham Road approximately 1,700 feet northeast of its intersection with I&GN Road for buried cable installation. The site is located in Precinct 1 Vol ~ ~ Page The County Engineer stated ba Commissioners Court meeting August 22, 2006 18 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 Court next considered the request from Wickson Creek Special Utility District to construct ten (10) road bores and 920 feet of parallel water line installations in the right-of- way of Weedon Loop, Elmo Weedon Road and Treebrook Lane 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 Wellborn Special Utility District to construct 5,300 feet of 2 inch PVC water line in the right-of-way of Koppe Bridge Road 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 Cauley, the Court voted unanimously to approve the request from Wellborn Special Utility District and authorized the installation. A Vol f Page 1&3 Commissioners Court meeting August 22, 2006 19 copy of the request is attached hereto. 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 Mervin Peters on Wilcox Lane (approximately 4,000 feet from FM 2776) in Precinct 2 to construct a work zone to accommodate the replacement of the existing wooden bridge structure. The County Judge moved to approve the request. Commissioner Mallard seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye" Commissioner Peters abstained because Mr. Peters is his relative. 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 LeRoy V. Kenny on Wilcox Lane (approximately 4,000 feet from FM 2776) in Precinct 2 to construct a work zone to accommodate the replacement of the existing wooden bridge structure. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered acceptance of a Special Vol 83 Page / & ~ Commissioners Court meeting August 22, 2006 20 Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. on motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Thomas Fisher for the expansion and improvements to Old Reliance Road. The next matter before the Court was consideration of a payment authorization from the Brazos County Bail Bond Board in the amount of $77.00 to Sheiness, Scott, Grossman & Cohen, LLP for legal services. on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court proceeded to consider a payment authorization in the amount of $195.00 from the Metropolitan Planning organization to the University of Tennessee for conference registration fees. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The County Judge skipped down to item 51 on the agenda and presented to the Court the Proposed Budget for fiscal year 2007. The County Auditor distributed the copies to the members of the Court. The County Judge stated it would be filed with the County Clerk. Vol S3 Page 1L 5 Commissioners Court meeting August 22, 2006 21 The next matter before the Court was the establishment of the date and time for a Public Hearing on the proposed Budget for fiscal year 2007. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to establish Tuesday, September 5, 2006 at 10:00 a.m. as the date and time for the Public Hearing. The Court next considered a proposal to increase Tax Revenues. The proposed rate is .455 per $100 dollar valuation. It is more than the effective rate but less that last year's tax rate. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the proposed rate. The next matter before the Court was to establish the date and time for a Public Hearing for a Tax Increase. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to establish two dates and times. The first being, Tuesday, September 5, 2006 at 2:00 p.m. and Friday, September 8, 2006 at 2:00 p.m. Both meetings will be in the Brazos County Courthouse in suite 115. The Court acknowledged receipt of Certificates of Completion for attending required classes pertaining to the Public Information Act and Open Meetings Act for the following officials: Vol E3 Page ) & ~0 Commissioners Court meeting August 22, 2006 a) Donald J. Lampo, Constable, Precinct 2 b) Christopher Kirk, Sheriff 22 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The EOC location will be on the next agenda. The Purchasing Agent asked if we needed an Interlocal Agreement before it is put on the agenda. She said she would visit with the Purchasing Agents from the cities on this matter. County Judge a) Informed the Court that the KBDI mean is at 628 and that is well over 500. Candy Gallego, Executive Assistant a) Asked the Court what date would work for the adoption of the budget and to set the tax rate. It was suggested that the September 12, 2006 regular Commissioners Court meeting would be a good date. Under citizen input and/or concerns, the following spoke: Karen Hall a) Suggested the agenda be typed on Commissioners Court letterhead so that in future years it would be known who was on the court. Sheriff a) Gave the Court an update on the jail population. It was 593 over night. The Vol , 83 Page . /0 Commissioners Court meeting August 22, 2006 23 County Judge commented that the State is in the process of building 16,000 new beds. Eric Caldwell, Director Information Technology Department (IT) a) Informed the Court that their Administrative Assistant, Anita Lee is at home recovering from surgery. The doctors thought she had cancer and removed her spleen. There was no cancer. She is anxious to return to work. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the IGC meeting yesterday. There are eleven (11) museums in Brazos County. They discussed promoting them. There being no further business to come before the Court, the meeting was adjourned. Vol g3 Page /l08 The foregoing minutes of the Commissioners Court meeting held August 22, 2006 have been examined and are approved in open Court this the c2ct~ _day of , 2006, in Bryan, Duane Peters Commissioner, Precinct 2 Carey Ca ley, Jr. r Commissi ner, Precin t 4 Attest: Ka en McQueen County Clerk Lloyd Vassermann Commissioner, Precinct 1 Kenny Mall Commissione Precinct 3 Vol 3 Page 169 Brazos County, Texas. BRAZOSCOUNTY d COMMISSIONERS COURT ~o DAY OF , 200~ AT ®o /PM y Name l C G'p r vl ~ro~nal~a ~~so~ Er i K0. --6Zvvvq Lt Organization S~ Ag (~q ~xtehs~cn 'lam e- Aw 3 170 BRAzos courrTY P~ COMMISSIONERS COURT - DAY OF , 20 AT, AM/PW Name Organization ~i~~~ uFr~rr V AM ~cs~c CC- 7 3'; , r: 171 BRAZOS COUNTY 00- COMMISSIONERS COURT DAY OF a~=~ , 200 r_ AT o u AYNM Name Organization 6j. bl-ti. CC.~-~1 3;.- 172 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-44.1 thru 05/06-44.14 On this the 22"' day of August 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings Nvere held: THAT WHEREAS, on 22 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 22nd day of August 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes "~3 u 17-3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.1 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 59100000 CR DDEA 1,000.00 0100 3650010 65350000 DR Gasoline 1.000.00 I [To reallocate funds to cover the easoline cost. 83 ,'1 7 y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.2 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 67281000 CR Equipment - Electronic 400.00 0100 30101100 67890000 CR Vehicle Equipment 300.00 0100 30101100 60500000 DR Office Equipment 700.00 Constable Pct. 1: To reallocate funds to cover the office eauinment costs. 175 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.3 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 0100 11001500 61130000 CR Contin enc - 20,000.00 0100 2800200 60350000 DR Food & Food Supplements 20,000.00 1 1 Jail Division: To move funds from the County's contingency to cover the food costs for inmates in the County Jail. 76, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.4 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 59100000 CR DDEA 3,000.00 0100 37000100 61801000 DR Travel 3.000.0(1 Agriculture Extension:1 ITo reallocate funds to cover the travel cost. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.5 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63002000 80205000 CR Computer-Network Costs 1,680.00 4500 63002000 51620000 DR Hourly - Overtime 1,300.00 4500 63002000 53100000 DR Social Securi 100.00 4500 63002000 53200000 DR Retirement 150.00 4500 63002000 53300000 DR Health Insurance 100.00 4500 63002000 53800000 DR Workers' Com . 30.00 Church Renovation: To reallocate funds for the a o11 expenditure of IT staffs incurred on church renovations. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.6 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 61500000 CR Printin 1,000.00 0100 35500100 61801000 CR Travel 900.00 0100 35500100 65950000 CR Vehicle Maintenance 1,000.00 0100 35500100 65150000 DR Comnuter MnintennnrP onn nn ITo reallocate funds to cover the computer maintenance costs. 493 ~7`~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.7 8/22/2006 FD DIV ACT PROJ DR/CR ACCOUNT NAME Increase Decrease L 11001500 30201100 61130000 9100000 CR CR Contin enc DDEA 2,122.00 378.00 30201100 60080000 DR Clothin /Uniforms 375.00 00 30201100 65350000 DR Gasoline 1) 1?S nn Constable Pct. 2: To move funds from the Count 's contingency and the department's DDEA line item to cover the clothing/uniform and gasoline costs. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.8 8/22/2006 BRAZOS COUNTY, TEXAS BUDGE AMENDMENTS No. 05/06 - 44.9 R/22/2nn6 FD TV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 101100 r 59100000 CR DDEA 500.00 0100 01100 60600000 CR Office Su lies 460.00 0100 100 30101 61 740000 CR Telephone 00.00 0100 30101100 61500000 CR Printing 119.00 0100 30101100 61060000 CR Bonds 250.00 0100 30101100 60440000 CR Janitorial Supplies 650.00 0100 30101100 65950000 DR Vehicle Maintenance 900.00 0100 30101100 65350000 DR Gasoline 1,479.00 Constable Pct. 1: To reallocate funds to cover the asoline and vehicle maintenance costs. -3 ."1 1L 9V BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.11 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 61110000 CR Conference & Seminar Fees 200.00 0100 22000100 52500000 DR Contrace Services 200.00 85th District Court: To reallocate funds to cover the cost of a temDorarv Dart-time bailiff. 3 It BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.12 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 17000100 59100000 CR DDEA 419.86 0100 17000100 60500000 DR Office E ui ment 419.86 Building Maintenance: To reallocate funds to cover the cost of 14 new radios from Nextel. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.13 .93 19,- to e BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 44.14 8/22/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000200 60240000 CR Detention Supplies 1,350.00 0100 31000200 67670000 DR Printers 1,350.00 1 1 JJuvenile Services: ITo reallocate funds for the purchase of three printers. w 97 5- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: Qust 22, 2006 Department Submitting Information. Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Ag Extension Bonnett, Erika New Hire Brazos Center Aguero, Mike Resignation Jackson, Angelia New Hire Thomas, Kimberley New Hire Building Maintenance Hermosillo, Lorenza Place on Leave w/out pay Rios, Daniel Resignation Thomas, Don Retirement County Attorney Anderson, Justin Resignation Knight, Wendy Resignation CCL No. 1 Tigerina, Sara Transfer within Dept. Pineda, Crystal Transfer within Dept. Newton, Tiffany Transfer to Another Dept. District Attorney Capps, Kevin Speckles, Menda District Clerk Davis, Betty Eckstrom, Bethany Kibler, Alissa Kuykendall, Holly Michael, Mary Montoya, Esperanea Norton, Christy Spittler, Mary Ann Resignation Resignation Promotion Promotion Promotion New Hire Promotion New Hire Promotion Promotion ~ 1 13 . 1ST Webster, Evelyn Welsh, Katherine Zavala, Eduviges JP Pct. 1 Emola, Debra Guzman, Gina Promotion New Hire Promotion Discharged New Hire Juvenile Services Aguilar, Dana Anderson, ShaVonda Booker, Shericka Boswell, Lisa Brasher, Jean Bryant, Helen Ellison, Jannifer Farmer, Christopher Farmer, Christopher Kitchen, Thomas Lynch, Robbin Mable, Kami Manning, Jeffrey Rice, Lenora Wells, Jonathan Step Increase Step Increase Step Increase Step Increase Step Increase Step Increase Completed Probation Step Increase State Stipend Step Increase Resignation Step Increase Step Increase Step Increase Resignation SO/Jail Cangelosi, David Flores, Gabriel Huggins, Christopher Maly, Brandon Resignation Resignation Resignation New Hire Tax Moss, Rene New Hire Williams, Sierra New Hire Approved in Commissioners' Court: August 2~ County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) C~, t, CUWYJ Prescribed by Secretary of State Sections 3.004, 3.006, 85.0041 esae Hlection Code 2/93 E tn rr # n ~ BRAZOSCOUNTY BRYAN, TEXAS ORDER NO. 06-006 ORDER OF GENERAL ELECTION (ORDENDE ELEMON GENERAL) An election is hereby ordered to be held on November 7, 2006, in Brazos County, Texas for the purpose of electing the following county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution. (Por la presente se ordena que se Ileve a Cabo una elecci6n el dia 7 de noviembre de 2006, en el Condado de Brazos, Texas, con el prop6sito de elegir los siguentes ofteiales del condado y del recinto como requerido por el Articulo XYI, Secci6n 65, de la Constituci6n de Texas.) United States Senator (Senador de los Estados Unidos) United States Representative, District 17 (Representante de los E~tados Unidos, Distrito Ntim. 17) Governor (Gobernador) Lieutenant Governor (Gobernador Teniente) Attorney General (Procurador General) Comptroller of Public Accounts (Contralor de Cuentas Paiblicas) Commisssioner of the General Land Office (Comisionado de la Oficina General de Tierras) Commissioner of Agriculture (Comisionado de Agrictdiura) Office of the County Judge . 300 East 204 St. . Suhe 114 • Bryan, Texas 77803 . Fax: (979) 381.4503 Braws County Order #06-006 Order of General Election ' Page 2 Railroad Commissioner (Comisionado de Ferrocarriles) Chief Justice, Supreme Court, Unexpired Term (Juez Presidente, Corte Suprema, Duration Restante del Cargo) Justice, Supreme Court, Place 2 (Juez, Corte Suprema, Lugar Num. 2) Justice, Supreme Court, Place 4 (Juez, Corte Suprema, Lugar Num. 4) Justice, Supreme Court, Place 6 (Juez, Corte Suprema, Lugar Num. 6) Justice, Supreme Cow t, Place 8, Unexpired Term (Juez, Corte Suprema, Lugar Num. 8, Duraci6n Restante del Cargo) Presiding Judge, Court of Criminal Appeals (Juez Presidente, Corte de Apelaciones Criminales) Judge, Court of Criminal Appeals, Place 7 (Juez, Corte de Apelacivnes Criminales, Lugar Num. 7) Judge, Court of Criminal Appeals, Place 8 (Juez, Corte de Apelacicnes Criminales, Lugar Nfim.8) Member, State Board of Education, District 9 (Miembro de la Junta Estatal de Educaci6n Publica, Distrito Num. 9) State Senator, District 5 (Senador Estatal, Distrito Num. 5) State Representative, District 14 (Representante Estatal, Distrito Num. 14) State Representative, District 17 (Representante Estatal, Distrito Num. 17) Chief Justice, 10"' Court of Appeals District (Juez Presidente, Corte de Apelaciones Distrito Num 10) District Judge, 85`h Judicial District (Juez del Distrito, Distrito Judicial Num. 85) District Judge, 361" Judicial District (Juez del Distrito, Distrito Judicial Num. 361) c u..~U r+ L Brams County Order #06-006 Order er General Election Page 3 County Judge (Juez del Condado) Judge, County Court at Law, No. 1 (Juez, Corte de Ley del Condado, Lugar 1) Judge, County Court at Law, No. 2 (Juez, Corte de Ley del Condado, Lugar 2) District Clerk (Secretario del Distrito) County Clerk (Secretario del Condadr County Treasurer (Tesorero del Condado) County Commissioner, Precinct No. 2 (Comisionado del Conde do, Precinto Num. 2) County Commissioner, Precinct No. 4 (Comisionado del Conti, rdo, Precinto Num. 4) Justice of the Peace, Precinct No. 1 (Juez de Paz, Precinto A`tim. 1) Justice of the Peace, Precinct No. 2, Place 1 (Juez de Paz, Precinto A':im. 2, Lugar Ntfm. 1) Justice of the Peace, Precinct No. 2, Place 2 (Juez de Paz, Precinto A'tim. 2, Lugar Ntim. 2) Justice of the Peace, Precinct No. 3 (Juez de Paz, Precinto A'um. 3) Justice of the Peace, Precinct No. 4 (Juez de Paz, Precinto Mini. 4) Constable, Precinct No. 1 (Condestable, Precinto ,Vtim. 1) Constable, Precinct No. 2 (Condestable, Precinto Mim. 2) Constable, Precinct No. 3 (Condestable, Precinto Nim. 3) Constable, Precinct No. 4 (Condestable, Precinto xit m. 4) Braws County Order #06-006 Order of General Election Page 4 Early voting by personal appearance will be conducted at: (La votacion adelantadc en persona se Ilevara a cabo de Ltines a Viernes en.) October 23, 2006 - November 3, 2006 (el 23 de octubre de 2006 - el 3 de noviembre de 2006) Brazos County Courthouse, 300 E. 26th St., Bryan Arena Hall, N. Earl Rudder Frwy and Tabor Road, Bryan Galilee Baptist Church. 804 N. Logan, Bryan Lincoln Center, 1000 Eleanor, College Station MSC, Texas A&M University, College Station Applications for a ballot by mail should be mailed to: (Las solicitudes para holetas que se votaran adelantada por correo deberan enviarse a:) Karen McQueen, County Clerk 300 E. 26` St., Ste. 120 Bryan, Texas 77806-0111 Applications for ballot s by mail must be received no later than the close of business on: (Las solicitudes para holetas que se votaram adelantada por correo deberan recibirse para elfin de las horas de negocio el:) October 31, 2006 (el 31 de octubre de 2006) Issued this the 22nd da y of August, 2006. Emitado este dia 22"`I der azosto de 2006 . F3P',E '193 1 BRAZOSCOUNTY RESOLUTION Whereas, Sara Tigerina began work at the Brazos County Courthouse on July 13, 1998; and Whereas, Sara Tigerina has served the 361` District Court and County Court at Law No. 1 as a dedicated employee who has earned the respect and appreciation of all who have worked with her; and Whereas, Sara Tigerina has continued her education while working full- time at Brazos County and has completed her course of study at Blinn College; and Whereas, Sara Tigerina has been accepted to attend Texas A&M University in College Station, Texas as a full-time student beginning August 28, 2006. Whereas, Brazos County has been fortunate to have Sara Tigerina as a dedicated employee who has always performed at the highest level and has given unconditionally of herself; and Whereas, the Commissioners Court of Brazos County wishes to recognize Sara Tigerina for her many years of service to Brazos County. Be It Therefore Resolved, that the Commissioners Court of Brazos County, Texas does hereby recognize and thank Sara Tigerina for her many years of exemplary service to Brazos County. ADOPTED in Regular Session of the Commissioners Court of Brazos County, Texas this 22i" day of August, 2006. andy Sims County Judge v~~j~ Gt~Cr [.c~tirc. cl a+w.~ Commissioner Lloyd Wassermann Precinct I Commissioner Duane Peters Precinct 2 Commission envy Mal 4d Precinct 3 Commiss- nee Carey Caul , j . Precinct 4 3_wLcT4 Rool.d.. 06010 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement ("Lease") is made and effective October 1, 2005, by and between the City of Bryan. Brazos County, Texas ("Landlord") and Brazos County ("Tenant"). Landlord is the owner of land and improvements commonly known as the "Federal Building", and numbered as 216 W. 26`I' Street, Bryan, Texas: Landlord makes available for lease a vacant portion of the Federal Building, Room 104 and Room 108B, or 925 Square Feet, more particularly described in Exhibit A (the "Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set Iolth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for a "Term" beginning October 1, 2005 and ending July 21, 2009, provided however that either Landlord or Tenant may terminate this Lease upon ninety (90) days written notice. 2. Rental. A. Tenant shall pay to Landlord during the Term rental of $35 per Square Foot, or $693.75 per month. Each installment payment shall be due on the first day of each calendar month during the lease term to Landlord at City of Bryan, Attention: Finance Department, P.O. Box 1000, Bryan, Texas 77805 or at such other place designated by written notice from Landlord. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. Tenant agrees to make rental payments to Landlord from lawfully available current funds. 3. Use. Tenant shall use the Leased Premises for the storage of county documents. Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives or flammables. 4. Sublease and Assignment. Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent and written approval. Commercial Lease Agreement-Federal Building 2000 Page 1 of 6 5. Repairs. During the Lease Term, Landlord shall make all necessary routine repairs to the Leased Premises. Routine repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or wom through normal occupancy. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent and written approval to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease Term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes. Landlord shall be responsible for paying all real estate taxes and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Landlord shall pay charges for water, sewer, gas, and electricity. The telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease shall be paid by Tenant unless otherwise expressly agreed in writing by Landlord. Tenant shall not Commercial Lease Agreement-Federal Ru ilding 2006 Page 2 of 6 3 j '11(P use any equipment or devices that utilize excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs. No signs will be permitted without the Landlords consent and written approval. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord gives reasonable notice to Tenant, not enter secure areas without escort from Tenant, and shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas. driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 13. Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's proposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Lease Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. Commercial Lease Agreement-Federal Building 2000 Page 3 of 6 91 L 14. Default. If default shall at any time be made Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then hating been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinanciDg and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease to the holder of any such liens as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there Commercial Lease Agreemem-Fedcr;d Building 2006 Page 4 of 6 93 19 S have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating that such other matters as Landlord shall reasonably require. 18. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: City of Bryan Attn: City Manager P.O. Box 1000 Bryan, Texas 77805 If to Tenant: Randy Sims Brazos County Judge 300 E. 26`h Street Bryan, Texas 77803 Landlord and Tenant shal l each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 19. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 20. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 21. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. Commercial Lease Agreement-Federal Building 2006 `n] Page 5 of 6 22. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 23. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 24. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements nor or hereafter affecting the Leased Premises. 25. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. IN WITNESS WHEREOF. the parties have executed this ease e d year first a);dV written. nu ) Ernie Wentrcek, Mayor Randy % 34 County Judge City of Bryan, Texas Brazos ounty, Texas ATTEST: ,Cx ok-l t ~ls - 'Mary Lynn tra ta, City Secretary ATTES . L ~ Kare t McQueen, County erk, Brazos County, Texas APPROVED AS TO FORM: Michael J. C ntino, Cite Attorney Commercial Lease Agreement-Federal Building 2006 Page 6 of6 93 . , ao© AGREEMENT THIS AGREEMENT is entered into this ~ day of la )SA- 12006 A.D. by and between BRAZOS COUNTY, TEXAS (hereinafter referred to as the "County") and the BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT (the "District") pursuant to the authority of the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791. WHEREAS, pursuant to the Texas Emergency Telephone Number Act, Section 722.301 et seq., Texas Health and Safety Code, the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to enter into interlocal cooperative agreements; and WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually beneficial for the County and the District to enter into an agreement for the employees of the District to be included with the employees of the County in the County's Group Health and Dental Insurance Program (but not including the County's Life Insurance Program); NOW, THEREFORE, IN CONSIDERATION of the mutual promises and obligations hereinafter made, the undersigned parties agree as follows: Effective September 1, 2006 the employees of the District will be pooled with the County's employees in the County's Health and Dental Insurance Program. The cost of the premiums for the District's employees will be paid by the District. The District will submit to the County the premiums for health and dental insurance for all covered employees by the fifth (5 s) day of each month. The District will be charged the same premium the County pays for health insurance (less the premium the county pays for life insurance) and the premium the County pays for dental insurance for all covered employees. Premiums will be reviewed annually to determine if they need to be adjusted. The County will notify the District as soon as the rate is determined. The District will forward all enrollment forms to the Human Resources Department of Brazos County within ten (10) days of the occurrence. Even though the employees of the District will be pooled wink the employees of the County for the purposes set forth herein, the employees of the District shad ! of be considered County employees. This Agreement will automatically renew on January ls` of each year for a one (1) year term. This Agreement may be terminated by either party as set forth hereafter. This Agreement may be terminated at the end of an annual term by the terminating party providing the non-terminating party with written notice of the desire to terminate at least ninety (90) days prior to the expiration of the annual term. Each of the parties to this Agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this Agreement. The County Judge is hereby authorized by the County, and the Chairman of the Board of Managers is hereby authorized by the District, to be signatory agents for any required documentation to implement the intent of this Agreement. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as specified below: Brazos County Emergency Communications District Executive Director PO Box 911 Bryan, Texas 77806 Brazos County County Judge PO Box 111 300 East 261h Street Bryan, Texas 77803 This Agreeme::I may only be modified in writing by the mutual consent of the parties with said modificatiu-. ,P.ing attached to and incorporated into this agreement by this reference for all purposes. SIGNED this ~ ct_ day of August, 2006 A.D. EMERGENCY COMMUNICATIONS DISTRICT BY: Chairman, ATTEST: BY: A A Greta Norton Recording Secretary BY: Randy County ATTEST: BY: ye i4 e K n McQueen County Clerk Texas A&M University Department of Student Financial Aid Community Service Work-Study Program lam- AGREEMENT WITH AGENCY This AGREEMENT made this 22 day of August, 2006, and between TEXAS A&M UNIVERSITY, hereinafter referred to as the "Institution", and Brazos County, being a public organization, a governmental agency, or a private nonprofit organization qualified under the Federal Economic Opportunity Act of 1964, as amended, and the regulations governing the Federal Work- Study Program, 45 CFR 175, hereinafter referred to as the "Agency" to provide work to eligible students participating in the Federal Work Study Program. 1) The Institution agrees to use its best efforts to make eligible students available to the Agency for the performance of specified work assignments upon the conditions herein set forth. The Institution further agrees to use its efforts to supply students of proper capability but in no event shall be liable to the Agency for their acts of commission or omission. 2) For accounting and payment purposes, it is agreed that the institution shall be the responsible party ibr paying to the student the compensation for the work performed. The Agency will pay to the Institution the gross monthly earnings to cover the Agency's share (25%) of the compensation of the students employed under the agreement. The Agency further agrees to pay the required State and Federal Income Tax and Social Security, if applicable. 3) It is agreed that neither the Institution nor the Agency shall have any obligation to provide either transportation for the students to and from their work assignments or compensation in lieu thereof. 4) It is agreed that the Institution either on its own initiative or at the request of the Agency upon reasonable notice shall have the right and power to remove students from work on a specified work assignment. Students themselves upon reasonable notice shall have the right to resign. 5) The agency agrees that the Institution shall supply students to work for it upon the following conditions with which it agrees to comply: a) The Agency shall not illegally discriminate against any student in any grounds including race- color, national or ethnic origin, religion, sex, age, disability or veteran and to this end, the Agency shall comply with the law including provisions of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, and the Rehabilitation Act of 1973, and the regulations promulgated there under. k3 ao4 b) The Agency shall have the obligation to provide for adequate and responsible direct supervision of the work performed by the student; provide proper working conditions and permit the Institution to inspect the premises if it .Iects to do so. It agrees to maintain and make available io the Institution the names of Agency supervisors authorized to sign student time sheets, and to provide the hnstitution with a record of hours worked daily by each student as attested to by an authorized official of the Agency. The record of hours worked will be kept on a form provided by the Institution and will be submitted to the Institution at the end of each pay period. c) No student shall perform work which will result in displacement of employed workers of the Agency or impair its existing contracts for services, or fill positions that are vacant because the Agency's regular employees are on strike, or which will involve any partisan or nonpartisan political activity associated with a candidate or with a contending group or faction for election for public office, or which involves lobbying on the Federal level, or which involves the construction, operation or maintenance of any facility used, or to be used, for sectarian instruction or as a place of religious worship. d) The Agency will pay 100% of wages and applicable taxes for time worked should the student: exhaust his/her work study allocation, submit time to be paid past the award term, work beyond forty hours in one work week (in which case the Agency would pay 100% of time worked beyond forty hours, i.e. overtime), or otherwise becomes ineligible to participate in the work study program. e) The Agency agrees that it will be responsible for following the established procedures and policies of the Institution as they may be changed or amended at any time by the sole action of the Institution with respect to the following: student eligibility; the recording of hours worked; the changing of job functions or conditions; the termination of students; the changing of wage rates; and the due dates for all forms, records, reports, or information on or about the Community Service Work-Study Program. f) In the conduct of its general activities and the performance of any work by students, the Agency agrees to comply with any and all applicable laws, ordinances, and regulations of any governmental body, whether Federal, State, or Municipal. 6) In consideration of the work performed by the students available to it by the Institution, the Agency agrees to make the following payments to the Institution at such times as are agreed upon in writing or in the event of failure to agree, upon written demand of the Institution. a) The amount calculated to equal the Agency's share of the compensation of the students employed under this Agreement as set forth in the Schedule to be attached in accordance with the provisions of paragraph 7 hereof. ~~3 ,ao5 b) The amount of the employer's contribution un&r State or Federal Social Security laws, if applicable. 7) The Institution shall have the responsibility and obligation to provide for 4:~ students' Workers Compensation coverage in the amounts as required by law. In the event of a claim, the Institution will provide the Workers Compensation manual provided by the Institution's Human Resource Office. 8) Furthermore, the Agency shall have the responsibility and obligation to provide for the students' Unemployment Compensation Insurance in the amounts required by law. 9) The Institution and the Agency agree that 1) a brief description of the work to be performed by the students on specified projects, 2) the estimated number of students to be employed, 3) the recommended hourly rate of pay for each job, 4) the estimated number of hours per week utilized for each student, 5) the estimated length of time for the completion of the project, 6) the total percent of the non-Federal share of the student compensation to be paid by the Agency to the Institution in accordance with paragraph 6 a) hereof, shall all be set forth and defined in Schedules attached to this agreement from time to time and shall be as legally binding on the parties hereto as if originally incorporated in this agreement, provided that they are signed by authorized officials of both parties hereto. 10) This agreement may be terminated at any time by the Institution or the Agency upon two weeks prior notice to the other party. IN WITNESS WHEREOF, the parties hereto have set their hands by their officers there unto duly authorized the day and year first written above. Agency Administrative Executive BY: 1 stint. cJ_Cyca r Title glaa lax Date Texas A&M University BY: Title Date d.3 a ~U(C, DISPUTE RESOLUTION ADDENDUM 1. Unless an applicable state statute or applicable federal law establishes another procedure for the resolution of disputes, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by Texas A&M University, and Agency to attempt to resolve all disputes arising under the contract: (A) All disputes between the parties under this contract that cannot be resolved by the parties in the ordinary course of business, including but not limited to: those concerning the scope and interpretation of contractual requirements, their enforcement and performance, and any costs associated therewith, must be submitted to the dispute resolution process provided in Chapter 2260, subchapter B, of the Texas Government Code. For the purposes of initiating the process, the person to whom a written notice of such dispute must be submitted is Dr. Richard L. Floyd. Said notice must also be given to all other representatives of Texas A&M University and Agency otherwise entitled to notice under the parties' contract. The designated officer responsible on behalf of Texas A&M University for examining any claim or counterclaim and conducting any negotiations related thereto, as required by Texas Government Code 2260.052, shall be Dr. Richard L. Floyd, Associate Vice President for Finance. Compliance by Agency with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Texas Government Code. (B) The contested case process provided in Chapter 2260, subchapter C, of the Texas Government Code is Agency's sole and exclusive remedy for an alleged breach of contract by Texas A&M University if the parties are unable to resolve their disputes under paragraph (A) above. Any request for hearing under subchapter C must be submitted to Dr. Richard L. Floyd, Associate Vice President for Finance. (C) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Ch. 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by Texas A&M University nor any conduct of any representative of Texas A&M University hereafter shall be considered a waiver of sovereign immunity to suit. Texas A&M University Signature Title S/. 0,,a/0 i„ Date Da_te c~ a0-,7 WUtty Jc1c(9o) Title - JEAP tIUJIly CUL LULIVII 1111VElytt G111Ptvyliltlit - 109=30016 9lntiart,TX 77tQ-3016 ts~lgasosespnor~ 0710)4594151 AV 2005-2006 COMMUNITY SERVICE PROGRAM POLICIES AND PROCEDURES 1. PURPOSE OF THE COMMUNITY SERVICE PROGRAM A. Through Federal Work Study, Texas A&M University has been able to assist students in meeting their educational expenses. Included in Federal Work Study is another program specifically designed to better the community, this is called the Community Service Program. The Community Service Program is designed to encourage students to participate in community service activities that will benefit the community and infuse students with a sense of social responsibility as well as a greater commitment to the communities we live in. A school must use at least 7% of its FWS allocation to employ students in community service jobs unless the U.S. Department of Education grants the school a waiver. B. Federal, State, and local non-profit agencies whose goals are in the public interest may be eligible to benefit from this program. Agencies who meet the criteria may employ Texas A&M students and pay 25% of each student's wages, plus all applicable taxes (such as Worker's Compensation and Unemployment Insurance), with the University supplementing the remaining 75% of wages earned through Federal Work Study funds. II. DEFINITION OF COMMUNITY SERVICES A. Community services, as defined by the 2000 Federal Student Financial Aid Handbook, are services that are identified by an institution of higher education through formal or informal consultation with local nonprofit, governmental, and community-based organizations as designed to improve the quality of life for community residents, particularly low- income individuals, or to solve particular problems related to their needs. These services include: 1. Such fields as healthcare, child care, literacy training, education (including tutorial services), welfare, social services, transportation, housing and neighborhood improvement, public safety, crime prevention and control, recreation, rural development, and community improvement; 2. Work in service opportunities or youth corps as defined in Section 101 of the National and Community Service Act of 1990, and service in the agencies, institutions and activities designated in Section 124(a) of that act; 3. Support rbr students with disabilities; and 4. Activities in which a FWS student serves as a mentor for such purposes as tutoring, supporting educational and recreational activities, and counseling, including career counseling. III. STUDENT ELIGIBILITY A. Students who have a demonstrated financial need (as reported on the Federal Application for Federal Student Aid) may be awarded Community Service Work Study. Eligibility requirements are the same as those for Federal Work Study and awards are made by the TAMU Department of Student Financial Aid. B. Students must be enrolled at least half-time (6 hrs) at Texas A&M. If enrollment drops below half-time at any point, student will not be eligible to earn federal work study. C. Students must maintain Sai isfactory Academic Progress, defined as: &3_ ©8' 1. Recipients of financial aid are expected to consistently complete seventy-five percent (75%) of all credit howl he or she registers for at Texas A&M. If the student does not complete this percentage of hours, he or she will be considered ineligible for additional financial aid until the percentage completed reaches seventy-five percent. Recipients must also maintain a 2.0 cumulative GPR. Annual 1), we will deny a student access for future financial aid .ands if he or she has not met this requirement. 2. The determination of the Qualitative component resides with the student's academic dean. If the student k not allowed to register for a semester due to CGPR issues, he or she will be considered to be ineligible for financial assistance. When the student is eligible to register for a semester, reinstatement of financial assistance may occur at that time with documented proof of enrollment eligibility from his or her academic department. This is verified by the student's enrollment in classes. D. Undergraduates who have attempted more than 192 credit hours will be ineligible for participation in the program even if they have changed majors or programs. Students not making Satisfactory Academic Progress will be informed of their ineligible status by the Department of Student Financial Aid. E. Students who are not making Satisfactory Academic Progress and believe they possess extenuating circumstances that should be considered may appeal the denial of their financial aid eligibility. Guidelines for initiating the appeal process may be obtained from the Department of Student Financial Aid. IV. ESTABLISHING PROGRAM PARTICIPATION AND THE CONTRACT PROCESS A. Interested agencies will be given an information packet, including an Eligibility Form and a Job Description Form B. When the Student Employment Office receives the completed Eligibility Form and Job Description Form, the agency will be reviewed according to program guidelines and it will be determined if they are eligible to participate. A site visit may be a part of this review. C. Once the agency is deemed eligible, a contract will be sent to the agency to be signed by the appropriate responsible person and returned to the Student Employment Office. D. Once received by the Student Employment Office, the partially executed contract will be sent to designated TAMU officials to review and ful ly execute. (This process may take up to four weeks after the partially executed contract has been received by the Student Employment Office.) E. An account will be established within TAMU Contract Administration in which the agency will accrue the 25% share of the student's wages and all applicable taxes. F. Once a full-executed contract is returned to the Student Employment Office, a copy will be sent to the agency for your records and the initial job description will be posted. All future job postings will follow the instructions detailed in the following section. V. PARTICIPATING AGENCIES RIGHTS AND RESPONSIBILITIES Participating agencies have the following rights: A. To receive information regarding Community Service Program policies and procedures B. To receive continuous support and assistance from the SEO throughout the duration of their participation in Community Service Program C. To receive support and assistance from the Student Employment Office (SEO) in seeking part-time employees to be hired through Community Service Program D. To determine job description, qualifications, and rate of pay for posting positions in coordination with the with SEO E. To select employees for hii e Sao V3 Participating agencies have the following responsibilities: A. To communicate with the SEO regarding concerns with employees of the Community Service Program B. To ensure that students have received work authorization prior to beginning work with the agency C. To monitor earnings to ensure student employees do not exceed work study award amounts D. To notify the SEO immediately should a Community Service Program employee violate any agency/university policy warranting discipline or dismissal E. To pay invoices in timely manner- outstanding balances may result in dismissal from Community Service Program F. To notify the SEO of agency contact information changes (staff, address, telephone number, etc) V. PROCEDURES FOR POSTING A COMMUNITY SERVICE POSITION A. Agencies will fax or a-mai I n position announcement to the Program Coordinator at the Student Employment Office (SEO). B. Once received, the SEO will post the position on the Student Financial Aid website's employment database at hup://jobsforaggies. ramu. c du. C. Students who are interested in a position will be referred to the Community Service Coordinator, who will be listed as the contact person for each position. The Coordinator will evaluate each student and refer them to the appropriate agency. VI. REFERRAL PROCESS A. Interested students will contact the Student Employment Office, and will determine each student's eligibility for Work Study funds. B. A brief screening interview will be conducted to determine the student's eligibility for program participation. C. The Student Employment office will fill out the top section of the community service referral form, indicating the student's name, the agency's name, and the amount of the student's Work Study award. This forth, along with the agency's contact information, will be given to the student to use to contact the agency. The yellow copy will remain with the Student Employment Office for tracking/monitoring of referrals. D. The student will contact the agency to schedule an interview. Students are to take the white copy of the referral form to the interview. The agency wi 11 complete the bottom section of the referral form and return it to the Student Employment Office, regardless of the agency's hiring decision. E. Once the agency has extended an offer of employment, the student is to call the SEO to schedule an appointment to complete all necessary hiring paperwork. Once the paperwork is complete and the student has been put on the payroll, the SEO will provide the si udent with a Work Authorization form to take to the agency. (The student may not begin work until cleared by the SEO.) F. Students are hired on a year-by-year basis. At the end of the academic year, the Program Coordinator will contact each agency regarding the employees currently employed there. The agency can then indicate their wish to continue or discontinue each student's employment. VII. PAYROLL PROCESS A. When hired, students will he given blank timesheets and a calendar indicating pay periods, pay dates, and due dates for timesheets. The student is responsible for turning timesheets in by the due date, as well as maintenance and accuracy of any timesheets submitted. 'rimesheets maybe faxed to the Student Employment Office no later than 5:00 p.m. on the due date indicated on the pay period calendar. B. At the time of hire, the agency will be informed as to the student's FWS award and the amount of hours per week the student can work. Additional ly, the agency will be notified whenever a student worker has $200.00 left before his or her allocation runs out. In the ~.ummer, agencies will be notified when a student has $100.00 left to spend in his or her allocation. C. At least two days before timesheets are due; the Program Coordinator will send a reminder memo to all the community service agencies, indicating the deadline for timesheets. Timesheets turned in after the specified deadline will be reported on the subsequent pay period. D. The Program Coordinator will review all timesheets, ensuring that the following requirements are met: 1. The student's name, social security number, and agency; 2. The dates for the pay period indicated; 3. The actual times worked and the total hours; 4. The student's signature; 5. The supervisor's signature. 6. The hours submitted must reflect actual hours worked, not estimated time. Estimated time will not be accepted E. The student will be issued a paycheck from the Texas A&M University payroll office. Each month, the agency will be billed for the 25% of the student's wages, plus all employers' taxes that they are obligated to pay under Federal Work Study guidelines. These invoices are sent to the agency by the Office of Contracts Administration at Texas A&M University on a monthly basis. Each agency is invoiced for two pay periods on average. The invoices are payable to Texas A&M University upon receipt, and an identical copy is kept on file in the Student Employment office. F. An agency that has gone 90 days into arrears will be temporarily suspended from the Community Service Program; the agency will not be eligible for student placement until the matter is resolved. An agency that has gone 180 days into arrears will be permanently disqualified from participation in the Community Service Program. Any billing questions should be addressed immediately by the agency, the Program Coordinator, and the Contracts and Compliance Office. G. If a student exceeds his or her Work Study allocation, the agency will be responsible for paying 100% of that student's wages. Should a student become ineligible for Federal Work Study while working for an agency, that student must either be paid from agency funds fi om the date of ineligibility, or be terminated from the Texas A&M University payroll. Such decisions will be left to the agency's discretion. H. If a student works beyond rimy hours in one work week, i.e. overtime, the Agency must pay 100% of the wages and applicable taxes accrued over forty hours. VIII. DISCIPLINARY ACTION AND TERMINATIONS A. Community Service student employees are employees of Texas A&M University who work off-site with a local partner non-profit agency. Because of this, it is crucial that agencies keep in constant communication with the SEO regarding student performance and attendance. All concerns and corrective actions taken must be reported to the SEO in writing. B. Student employees are classified as wage employees, and are thus considered "at will". As such, they maybe terminated at any time. C. Grounds for Disciplinary Action or Dismissal/ System Regulation 32.02.02 a. Section 2.1: The following list of infractions may result in disciplinary action, up to and including dismissal. This list is in no way inclusive; other acts or omissions S3 all by a non-faculty employee, contrary to standard work performance or employee conduct, may warrant corrective action: b. Section 2.1. t Failure to comply with state or federal law; the policies, regulations, rules, and procedures of Texas A&M University System Ethics Policy; or the National Collegiate Athletics Association and/or athletic conference rules and regulations; c. Section 2.1.2 Performance, conduct, or behavior, whether by act or omission, which interferes with or adversely affects in any way the orderly or efficient operation of Texas A&M University; d. Section 2.1.3 Sexual Harassment: may include, but is not limited to, unwanted advances, verbal harassment, physical harassment, persistent sexual innuendo, direct or implied threat(s), or any behavior or pattern of behavior that fosters a hostile work environment. (See Sexual Harassment, System Policy 34.01); e. Section 2.1.4 Discrimination based upon a person's race, color, religion, gender, or national origin; f. Section 2.1.5 Insubordination: willful disobedience, and/or refusal to obey or failure to follow directives, or perform work properly that is assigned by a supervisor when such instructions do not require unsafe or illegal acts. Insubordinate acts toward a supervisor that substantially interferes with and/or impedes efficient operations or the ability of a supervisor to manage or function; g. Section 2.1.6 Any other behavior not in the best interest of the University. h. Section 2.1.7 Such behavior can be as enumerated above or general acts not enumerated that nevertheless are manifestations of professional irresponsibility that seriously undermine the employee's ability to continue as a University employee. D. The employer is responsible for proving adequate cause for dismissal. It is recommended that the employer keep documentation of all conversations or conferences with the employee, as well as a record of incidences with dates and times. It is also recommended that any corrective actions being taken by the employee be documented. Copies of said actions should be sent to the Program Coordinator, where they will become a part of the employee's personnel file. Any information given to the Pi ogram Coordinator will remain confidential. E. If conferences with the employee prove unsatisfactory, or the desired result is not attained, further disciplinary action may be required. The Student Employment Office requires that all disciplinary actions, including reprimands, be documented. 1. When the supervisor determines that an employee has failed to respond to personal conferences or has committed an infraction of sufficient severity to warrant more severe disciplinary action, a written reprimand may be prepared. 2. To achieve its intended purpose, it is suggested that the written reprimand should, at the minimum: - a. State explicitly the inappropriate job-related conduct or unacceptable job performance of the employee; b. Describe any previous efforts to make the employee aware of the need for a change in conduct or job performance; c. State precisely what corrective measures are expected, and within what time frame such correction is to occur; d. Specify the adverse actions the employee may expect to be taken. 3. With an.) disciplinary action, probationary options should be given whenever possible to allow the employee time to make corrective actions. As part of the written reprimand, the employee may be Y3 a a, placed on probation. If the eniployee fails to make the specified corrective measures within the specified probationary period, the employee may be terminated. 4. If dismissal of employee is required, generally a minimum of two weeks' notice should be given to an employe:. However, no advance notice need be given for dismissals resulting from on-the-job conduct including„ but not limited to: dishonesty, insubordination, or violent or disruptive conduct, nor is advance notice required for wage employees. 5. The employee maybe required to make restitution for damages to property or equipment, for theft, for unauthorized purchases or payment of wages, for unauthorized travel expenses, or for other illegal or improper actions. If restitution is not made under the terms and conditions mandated, the employee may be subject to legal action and/or further discipline or dismissal. F. Any student who has been involuntarily terminated once from the Program will no longer be eligible for participation. IX. System Regulation 33.99.08M Student Employee Grievance and appeal Procedures A. General 1. Texas A&M University recognizes the importance of providing a prompt and efficient process for resolving; student employee/employer conflicts. Conflict resolution should be sought at the level closest to the parties involved. In some cases a neutral third party in the form of a mediator may be able to provide assistance in helping the parties in conflict reach a fair and equitable resolution. 2. This procedure does not cover grievances related to claims of sexual harassment or illegal discrimination. For information on filing a sexual harassment grievance, see Texas A&M University Student Rules, Part 111, Section 47. For information on filing an illegal discrimination grievance, see Texas A& M University Student Rules, Part 111, Section 45 and University Rule 34.01.99.M1: Sexual Harassment. B. Grievance Procedures 1. Meet with the immediate supervisor to address the particular problem. The employee should request a meeting with the immediate supervisor to discuss the complaint within 5 working days of the most recent occurrence. In cases where the problem directly involves the immediate supervisor it is suggested that the student employee discuss the problem with the supervisor; however, if this is not conduci,e to the resolution of the issue the student employee should request a meeting to discuss the problem with the individual at the next level of supervision. 2. If discussion with the supervisor does not result in a satisfactory resolution to the problem, the student employee should request a meeting with the department head, or similar administrative unit, to discuss the complaint. This meeting should be requested within five (5) working days of the employee's meeting with the supervisor. 3. If the student employee is not satisfied with the decision of the department or unit head, the employee may file a grievance with the Student Employment Office in the Department of Student Financial Aid. The grievance must be filed within five (5) working days of the receipt of the unsatisfactory decision. The Student Employment Office will forward a copy of the grievance to the department or unit head and the employee's immediate supervisor. 4. Mediation: The student employee may choose to pursue mediation as a means of resolution. If the student employee so wishes, the Student Employment office will refer the grievance to Student Conflict Resolution Services in the Department of Student Life. a. Section 4.1 Student Conflict Resolution Services will schedule mediation within seven (7) days of referral. If mediation is not scheduled within that time, the grievance will be referred back to the Student Employment Office. b. Section 4.2 Confidential information disclosed to a mediator by the parties or witnesses, in the course of the mediation, will not be divulged by the mediator. All records, reports, or other documents received by a mediator while serving in that capacity will be confidential. The mediator will not be compelled to divulge - 93 X13 such records or to testify in regard to the mediation in any adversarial proceeding orjudicial forum to the extent provided by law. c. Section 4.3 Once mediation has occurred, Student Conflict Resolution Services will report to the Student Employment office whether or not an agreement has been reached between the student employee and the employer. Neither discussion, nor details of an agreement resulting from mediation, will be disclosed by Student Conflict Resolution Services to the Student Employment Office. 5. Should the student employee not wish to mediate or should mediation fail to result in an agreement, a committee in the Department of Student Financial Aid will review the grievance. The committee will include at least an Associate Director of Financial Aid and the Assistant Director for Student Employment. The written decision of the committee will be sent to both the student employee and employe within seven (7) working days from the review. 013 gI L1 a` ~ n \1 ti $3 C I S I Fiscal Agreement: MPO & Brazos County Effective: October 2006 STATE OF TEXAS COUNTY OFBRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan-College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "MPO", the designated Metropolitan Planning Organization (MPO) for the Bryan-College Station Urban area, as authorized by 23 U.S.C.A. 134 as amended by Section 1203 of the Transportation Equity Act for the 21" Century (TEA-21), in accordance with 23 CFR 450.334 in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. WITNESSETH WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21't Century et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, address the major transportation issues in the metropolitan planning area; and WHEREAS, the MPO Policy Committee is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21" Century et seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS, the Governor of Texas has designated Bryan-College Station Policy Committee as the MPO for the Bryan-College Station Urban area; and WHEREAS, MPO requests that the County act as the financial disbursing agent for all MPO funds; and WHEREAS, the County, as one of the parties to an Inter-local Agreement creating the MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; 1 ~L NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and assistance to the MPO. AUG 0 7 2006 _83 -CD- I (.e Vice President Fiscai Agreement; MPO & Brazos County Effective: October 2006 ARTICLE II TERM 2 2.01 The term of this Agreement begins on October 1, 2006 and ends September 30, 2009 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts under the supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues, County fiscal policy, and the MPO's state approved and adopted procurement procedures on behalf of the MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the County or the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. 4.03 The MPO shall make contracts and commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 The disbursement of funds to agencies or consultants under contract to the MPO will be made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result of the County performing any non-negligent task pursuant to this Agreement. The County is under.no obligation to process payment requests unless sufficient funds for such purposes are present in the MPO budget. 99 ~a r~ Fiscal Agreement; MPO & Brazos County 3 Effective: October 1, 2006 4.05 All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. 4.06 The MPO assumes responsibilities for the legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of Transportation. The MPO adopts its own line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into expense group/categories similar to the County's. Any expenditure over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full-time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and/or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval. 4.10 The Director will take direction on MPO policy and technical matters from the MPO Policy Committee and direction on fiscal administrative matters from Brazos County. 4.11 The MPO shall pay all costs associated with the employees as described in paragraph 4.08. The County Auditor is hereby authorized to make payment for MPO personnel costs, to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.01. 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the MPO Director. ol~~ .9/3 Fiscal Agreement; MPO & Brazos County Effective: October 1, 2006 ARTICLE V TERMINATION 4 5.01 This Agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to County: Brazos County Courthouse 300 E. 26th St. Bryan, Texas 77803 with a copy to: County Auditor 300 E. 26th St. Bryan, Texas 77803 If to MPO: Bryan-College Station Metropolitan Planning Organization Policy Committee 3608 E. 29th St. Suite 113 Bryan, Texas 77802 ARTICLE VI NON-DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws of the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Brazos County, Texas. lq3 DA Fiscal Agreemelet; MPO & Brazos Coral Effective: October %006 ARTiC!_E VIII NON-ASSIGNMENT 5 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. ARTICLE IX EVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. By: County J~- Randy Sims Date: Rl'2at g3 BRAZOS COUNTY, TEXAS BRYAN-COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE By• B PO, Chairpe - Charles A. Sippial, Sr. Date:^ T"~t~ _ - - - - - - - Dennis Woo HEWLETT-PACKARD COMPANY 8000 Foothills Blvd Roseville CA 95747 A. LEE BRAZOS COUNTY DEPT OF IT 202 E 27TH ST STE 102 BRYAN TX 77803-3980 Support Account Reference: BRAZOSDOINTOV HP Reference Number: 41033169 Dear A. LEE: 08/11/2006 Enclosed you will find a Hewlett-Packard support service quote for your products. Review the services, support items, coverage dates, addresses, and company contacts for accuracy. Please advise HP of any changes prior to submitting your purchase order. Prices will remain valid for 90-days. To order support services detailed in this package, please return billing authorization by choosing one of the following convenient options. Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exhibit E24. Option 1: Provide an open-ended purchase order. An open-ended purchase order allows HP to add products to your agreement as necessary, as well as renew your support from year to year. Cancellation of the support service agreement requires a 30-day written notice. Option 2: Provide a purchase order for the coverage dates specified in the enclosed referenced proposal. Option 3: Sign and return the attached Signature Authorization Method (SAM) form. Purchase orders must reference the HP Reference Number and the Support Account Reference. Applicable tax will be added to all products. If your organization is tax-exempt, please send a copy of the tax exemption certificate. Hewlett-Packard values your business and looks forward to providing you with continued support. If you have any questions or require further assistance, please contact your Contract Admin. at 1-800-386-1115 X56168 FAX 1-800-307-0361 Sincerely, Dennis Woo Contract Admin. va F3 "AGE off` i SIGNATURE AUTHORIZATION METHOD (SAM) The Signature Authorization Method (SAM) may be used to order Hewiett-Packard Company (HP) Support Services ONLY IF A PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVERY AND REMIT PAYMENT. (1) Customer Information Company Name BRAZOS COUNTY DEPT OF IT Equipment Location Address 202 E 27th St Ste 102 Bryan TX 77803-3980 (2) Contract Information - Check the HP Reference number to accept one quote, or the AMP ID to accept all quotes attached: [ ] HP Reference Number: 41033169 )(**AMP ID: ML 135040133 Support Account Reference: BRAZOSDOINTOV Coverage Period: 08/24/2006 - 10/31/2006 "The enclosed Support Account Overview dated on 08/11/2006 summarizes the quotes contained within the above AMP ID. Please check if applicable: This contract is accepted with no revisions. If revisions are required, please contact your Contract Admin. A quote will be re-issued to reflect your changes and associated pricing, if any. A new SAM form will be provided for your authorization. [ ] Check here if your authorization is open-ended. This Support Agreement is for the period stated on HP's quote. It will be extended without modification by consecutive terms of 12 months unless one of the parties gives written notice in accordance with the underlying business terms prior to the end of the respective 12 months. If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are effective. Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this right of termination, this Support Agreement will be continued to the end of the current term with the modifications, and extended by consecutive 12-month term. Re-pricing will occur automatically without further authorization.*** (3) Tax Information / ~.,~t_t,/~/ []Taxable V Tax Exempt Exemption # Juu l - I~l 33 (Attach copy of certificate) (4) Payment Method Do not enclose Payment. Please select one of the following: D4 Bill me: D( Annually [ ] Quarterly(must exceed $2400 annually) [ ] Semi-Annually(must exceed $2400 annually) [ ] Monthly(must exceed $2400 annually) [ ] Charge my credit card. Check one:[ ] Visa [ ] Mastercard [ ] American Express Credit Card Number Exp. Date Cardholder Name(Print) Cardholder's Signature (5) Service Authorization and Terms and Conditions Customer's signature on this form constitutes authorization for HP to invoice Customer for the service represented in the document(s) referent n Secti t (2) a Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exh' 4. C equire 30 days written notice. Payment is due 30 days from HP's invoice date. Authorized Si ature- Date Rav-& 5 Cov'~4 Printed Names (6) Completed form should be returned Hewlett-Packard Company 8000 Foothills Blvd Roseville, CA 95747 Invoice-To Address (if different from Equipment Location) q79 - 361-W oz ?pk rs',,As & cAraios AA5 q -30-9503 r16X E-mail Address Phone/Fax to: Dennis Woo 1-800-386-1115 X56168 1-800-307-0361 (FAX) A 13F° , A, Support Account Overview [~P]a AMP ID: ML135040133 Special Terms and Conditions No: S Customer Address: BRAZOS COUNTY DEPT OF IT 202 E 27TH ST STE 102 BRYAN TX 77803-3980 Hewlett-Packard Address: HEWLETT-PACKARD COMPANY 8000 Foothills Blvd Roseville CA 95747 Customer Contact: A. LEE Tel: (979)361-4310 Fax: The quoted prices are valid for 90 days from: 04121/2006 HP Contact: Dennis Woo Tel: 1-800-386-1115 X56168 Fax: 1-800-307-0361 E-mail dennis.woo@hp.com For more Information on the format of this document visit www.hp.cont/gothpadocs Subject to HP Single Order Terms for Support or purchase agreement with HP and if applicable, Exhibit E24. Your Support Access Options: Visit our web site at < www.itre.hp.tmm> for IT Professionals or < www.hp.com/go/bizsupport> for Business Professionals Visit < www.esca.hp.com> to manage service agreement entire or register muse Support Contract Assistant (SCA) For Support, please call: 800-633-3600 Please have your Service Agreement ID and Product#/Serial# available to expedite your support experience. Support Account Reference Service... CoXetaged+erInd Des high ContrxttT6ta11l1SD Agreemnut10 {from€:. Tm BRAZOSDOINTOV 1032 4378 7007 08/24/2006 10/31/2006 OV NT & XSYS (3Y6) 1,527.62 Told Excluding Taxes 1,527.62 Summary of Charges Software Support-Labor 917,91 Software Support-Materials 609.71 Total Excluding Taxes 1,527.62 Total excludes all taxes. If applicable, taxes will be added at the time of invoicing at the current tax rate. Total price includes all additions, deletions, warranties, discounts and adjustments if applicable. Refer to the detail document for any applicable state & local tax Please refer to the payment schedule for prices to be invoiced earl in advance Pnm Wa08/11/YU06 Prge I / 4' v _ Raw Support Account Detail Special Terms and Conditions No: S Your PO Reference: CCRN Number: 0324378701 Support Account Reference: BRAZOSDOINTOV HP Reference Number: 41033169 Equipment Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Software Update Address: BRAZOS COUNTY DEPT OF IT 202 E 27th St Ste 102 Bryan TX 77803-3980 Hardware Contact: Software Contact: A. LEE A. LEE Tel: (979)3614310 Tel: (979)361-0310 Fax: Fax: The quoted prices are valid for 90 days from: 04/21/2006 Coverage from: 08/24/2006 to: 10/31/2006 Service Agreement ID: 1032 4378 7007 For Support, please call: 800-633-3600 f Product No. Description Serial-No, Qova gfrl etiod .Qty Prie usr from: to: RA107AC HP Software 24x7 Support Software Support HP Software Technical Unlimited Support SW Technical Support SW Electronic Support 24 Hrs Std Office Days 24 Hrs Day 6 24 Hrs Day 7 Holidays Covered 2 Hr Remote Response B6957BA OV Data Protector 61-250 library LTU 1 101.00 B6953AA OV Data Protector one Drive UNIX etc LTU 2 106.00 B6951 AA OV Dam Protector Cell Manager HP-UX LTU 2 120.00 B6963AA OV Dam Protector Drive Windows etc LTU 4 36.00 B6961AA OV Dam Protector Cell Manag Win. LTU CD 4 48.00 HP Software Updates Service License to Use & SW Updates SW Updates on CD Doc Updates on Paper B6957BA OV Data Protector 61-250 library LTU 1 67.00 66960BA OV Omniback 4.x all media & manuals 1 0.00 B6953AA OV Data Protector one Drive UNIX etc LTU 2 70.00 B6951AA OV Data Protector Cell Manager HP-UX LTU 2 80.00 B6963AA OV Data Protector Drive Windows etc LTU 4 24.00 B6961AA OV Data Protector Cell Manag Win. LTU CD 4 32.00 lease refer to the payment schedule for prices to be invoiced year in advance Ringed on: alV•11R006 Pege:2 / For more Information on the format of this document visit www,Ap com/golhpsdoc4 Special 1'erms and Conditions No: S , Your PO Reference: CCRN Number: 0324378701 Product No.. Description Serial No. Coverage. Period Qty Price/USD ftom: to: Summary of Charges Software Support-Labor 411,00 Software Support-Labor Tax TX 0.00 Software Support-Materials 273,00 Software Support-Materials Tax TX 0.00 TOTAL INCLUDING TAX 684.00 Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing Total price includes all additions, deletions, warranties, discounts and adjustments if applicable. Please refer to the payment schedule for prices to be invoiced earl in advance. Pnwea on: Q 112006 N i / a Fok7nhFR ldfarnoithm on the format of`this. 4octnpori7;kiairwvrw:hlr gM(q hP,4il4pe M M H O O en en .r G d b O O N H M O H O b O O N e N m 0 E M w E 4 7 G W e E d d m d 64 Q ,m D .5 U a 1= ti • U b 5 _T N T b V V O C m O y V U F a w° v b x m G e O ~ ~ a a ~ 0 0 w A ~ 1 STATE OF TEXAS § COUNTY OF DUVAL § CONTRACT FOR RESIDENTIAL SERVICES This agreement is made on this the day of 2006, by and between County of Duval, a political subdivision of the state o Texas and Brazos County Juvenile Probation, a political subdivision of the.State of Texas, hereinafter referred to as ("Contractor"). Whereas, Duval County operates the Judge Ricardo H. Garcia Regional Juvenile Detention Facility CTacifity") and has contracted with other various probation departments for the housing of juveniles; and Whereas, the Detention Center has been duly inspected and certified as being suitable for the detention of juveniles by the Duval County Juvenile Board. Now, Therefore, the parties agree as follows: ARTICLE I 1.01 PURPOSE: The purpose of the Contract is to provide housing in the Detention Facility for juveniles from the County of "Contractor", that have been adjudicated delinquent and placed on probation, and are court ordered as a condition of probation to be placed in the Post-Adjudication Placement Alternative Program. 1.02 The goals, outputs, and measurable outcomes directly related to program objectives are: GOALS: For young youths place in the post-adjudication, long-term residential program to successfully complete the program by gaining insight into why they commit criminal acts and help them devise alternatives to this type of behavior. OUTPUTS: Youths will learn how to express insight into the cause of their illegal/antisocial behavior and into the self-destructive aspects of such behavior. Juveniles will participate in all programs of the facility as well as educational classes on a daily basis. Group and individual counseling will be utilized to help the juvenile achieve and maintain a level three on the point/level system. Upon successful completion of the program, the juvenile will be released being able to verbalize their own plan for being responsible, law-abiding citizens. MEASURABLE OUTCOMES: The program will reduce, if not eliminate, the actions which lead to the juvenile committing criminal acts which harm others or which destroy property. ARTICLE H 2.01 TERM: The term of this contract is for a period commencing on the 1st day of September, 2006 and terminating on the 31 st day of August, 2007. 2.02 TERMINATION: This contract may be terminated without cause by either party upon thirty (30) calendar days written notice to the other party. This contract may also be terminated immediately for cause if "Contractor" fails to provide proper documentation or otherwise breaches the covenant and agreements contained herein. "Contractor" shall remove, on or before the termination date, all juveniles placed by "Contractor" in the "Facility." ARTICLE III 3.01 FACILITY: Duval County agrees to provide those juveniles housed in the Detention facility, room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such detention space and service shall be provided by the Judge Ricardo H. Garcia Regional Juvenile Detention Facility at the request of "Contractor". Such space, however, will be provided by the Judge Ricardo H. Garcia Regional Juvenile Detention Facility to "Contractor" on a space available basis, (as determined by the Judge Ricardo H. Garcia Regional Juvenile Detention Facility.) 3.02 MEDICAL: In the event the parent of any juvenile and /or such juvenile medical insurance does not cover the cost of medical care, emergency examinations, treatment and /or hospitalization, "Contractor" agrees to be responsible for payment. The Judge Ricardo H. Garcia Regional Juvenile Detention Facility will notify "Contractor" of any medical emergency or condition requiring medical care within one regular working day of its occurrence. ARTICLE IV 4.01 FEES: For services rendered under this agreement, "Contractor" shall pay the sum of sixty-five dollars ($65.00) per day per child for each day the "Contractor" has juveniles in the Facility. Charges will include the day of admittance, regardless of hour of admittance, plus the number of days until released, including day of release, regardless of hour. 4.02 BILLING: The Judge Ricardo H. Garcia Regional Juvenile Detention Facility agrees to furnish "Contractor" an itemized bill, which shall include the daily charges specified above and all reimbursable expenses incurred by the Judge Ricardo H. Garcia Regional Juvenile Detention Facility for juveniles of "Contractor" through the date of the bill. Billing shall be made to "Contractor" at the address requested in writing by "Contractor". 4.03 PAYMENT: Payment shall be made monthly within twenty (20) days after billing by the Judge Ricardo H. Garcia Regional Juvenile Detention Facility. Payment shall be made to: Judge Ricardo H. Garcia Regional Juvenile Detention Facility P. O. Drawer 989 San Diego, Texas 78384 ARTICLE V 5.01 CONDITIONS FOR PLACEMENT: When a juvenile is transported to the Facility, the officer effectuating the transfer should have the following with him: 1) Two copies of the signed Disposition Order with the conditions ordering the child into placement; and 2) A copy of the written notification from "Contractor" to children parents advising them of his or her whereabouts. 5.02 RELEASE: Juveniles placed in post-adjudicated care facilities shall be released at the time specified by the Court Order issued by the Judge of the Juvenile Court of "Contractor", and at such time, "Contractor" shall, at its expense, remove such juvenile from the facility. 5.03 CHARGES FOR TRANSPORTATION: Should a juvenile in post-adjudicated care not be removed by "Contractor", its agents, or employees as noted in above section 5.02 by 12:00 noon of the last day of placement, the Judge Ricardo H. Garcia Regional Juvenile Detention Facility will immediately deliver the juvenile to the Juvenile Court or to a person authorized by the "Contractor" to receive juveniles. "Contractor" shall be assessed a traveling charge to be determined by the Facility. 5.04 ORDERS OF RELEASE: Juveniles placed in the Facility shall not be removed prior to the dates set forth in the Court Order except to the Probation Officer or as allowed in Section 5.05, without delivery of Order for Release signed by the Judge of the Juvenile Court of "Contractor". In the event said juvenile is not removed by the "Contractor", the Judge Ricardo H. Garcia Regional Juvenile Detention Facility is hereby authorized to immediately deliver the juvenile to the "Contractor" or person authorized by the "Contractor" to receive juveniles. "Contractor" shall be charged for same in accordance with Section 5.03 above. 5.05 EXAMINATIONS: If a juvenile is place in the Facility, and if found, in the sole judgment of the Judge Ricardo H. Garcia Regional Juvenile Detention Facility, to be mentally or physically unfit, dangerous and/or unmanageable or such juvenile's mental or physical conditions would or might endanger that juvenile or other occupants of the detention facility, the Judge Ricardo H. Garcia Regional Juvenile Detention Facility will immediately give notice to a person or persons authorized by "Contractor" to remove the juveniles, and said juveniles shall be removed by an authorized person promptly, but in no event later than twelve (12) hours after notification. In the event said "Contractor" does not remove juvenile to remove juveniles. "Contractor" shall be charged for same in accordance with Section 5.03. 5.06 ACCEPTANCE: The Judge Ricardo H. Garcia Regional Juvenile Detention Facility agrees that the Facility will accept any juveniles qualified hereunder, without regard to such juvenile's religion, race, sex, creed, color, or national origin. ARTICLE VI 6.01 OPERATION: Nothing in this contract shall be construed to permit "Contractor", its agents, servants, or employees in any way to manage, control, direct or instruct the Judge Ricardo H. Garcia Regional Juvenile Detention Facility, its servants or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the Facility. ARTICLE VII 7.01 INSURANCE: "Contractor" shall, at its sole expense, procure and maintain throughout the term of this agreement, and policy or policies of insurance covering, among other matters that "Contractor" shall desire, any and all damages and/or claims that might arise out of the detention of juveniles placed by "Contractor" in the Facility. Such insurance shall include, but not be limited to, breach of confidentiality. t3 X30 7.02 CONFIDENTIALITY AND INDEMNIFICATION: In consideration of the Judge Ricardo H. Garcia Regional Juvenile Detention Facility agreeing to provide access to information or records pertaining to a juvenile placed in the Facility by "Contractor", "Contractor" agrees to indemnify and hold harmless the Judge Ricardo H. Garcia Regional Juvenile Detention Facility, and or its officials, agents and employees for any damages and/or claims, including but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of the Judge Ricardo H. Garcia Regional Juvenile Detention Facility providing the information or records to "Contractor". ARTICLE VIII 8.01 The Judge Ricardo H. Garcia Regional Juvenile Detention Facility and/or all subcontractors shall provide certification of eligibility to receive state funds as required by Texas Juvenile Code Section 231.006. 8.02 With respect to any contracts between the Judge Ricardo H. Garcia Regional Juvenile Detention Facility and any subcontractor, the 2000 State Financial Assistance Contracts will be adhered to: All subcontractors shall be required to adhere to all applicable state and federal laws and regulations pertinent to the subcontractor's provision of services. All subcontractors will account separately for the receipt and expenditure of any and all state funds received from the Judge Ricardo H. Garcia Regional Juvenile Detention Facility. All subcontractors receiving any funds under this contract shall retain all applicable records for a minimum of three years or until any pending audits and all questions arising therefrom have been resolved. The Judge Ricardo H. Garcia Regional Juvenile Detention Facility shall conduct regular financial and programmatic monitoring of all services provided subcontractors to ensure performance of and compliance with contractual provisions between the Judge Ricardo H. Garcia Regional Juvenile Detention Facility and any subcontractor. ARTICLE IX 9.01 ENTIRE AGREEMENT: This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this agreement. 5 93 U a31 ARTICLE X 10.01 APPLICABILITY: This agreement shall insure solely to the benefit of the parties hereto and not to any third party recipients or supplier of services. ARTICLE XI 11.01 ASSIGNABILITY: This agreement is not assignable. ARTICLE XII 12.01 ATTORNEY'S FEES: If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he may be entitled. ARTICLE XM 13.01 GOVERNING LAW: The validity of the 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 law of the State of Texas, and venue shall like exclusively in Duval County, Texas. ARTICLE XIV 14.01 AMENDMENT: This agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE XV 15.01 LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any request, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be constructed as if such invalid, illegal, or unenforceable provision had been contained herein. 6 Executed on this the day of 20. to be effective 20 . Each copy hereof shall be considered an original copy for all purposes. Chief Juvenile Probation Officer Brazos County , Chairman $rezos Vounty Juvenile Board Director Judge Ricardo H. Garcia Regional Juvenile Detention Facility ~3' X33 BRAZOS COUNTY DUVAL COUNTY COMMISSIONERS COURT: COMMISSIONERS COURT: (If Applicable) Q I , A- COMMISSIONER, PRECINCT 2 COMMISSIO , PRECIN 3 COMMIO IO R, PREC CT EDMUNDO B. GARCIA, JR. COUNTY JUDGE ALEJO C. GARCIA COMMISSIONER, PRECINCT I RENE M.PEREZ COMMISSIONER, PRECINCT 2 NESTOR GARZA, JR COMMISSIONER, PRECINCT 3 GILBERTO URIBE, JR COMMISSIONER, PRECINCT 4 ~3 8 a 3 CO SIGNER, PRECINCT I COUNTY OF HAYS CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS This Contract and Agreement is made and entered into by and between HAYS COUNTY JUVENILE BOARD and the County of BRAZOS hereinafter referred to as the placing County, acting by and through its duly authorized representative, as indicated by their signatures below, to be effective from and after the 1St day of September, 2006, through the 31St day of August, 2007 pursuant to its provisions. WITNESSETH: Whereas, Hays County Juvenile Center has been duly inspected and certified as being suitable for the treatment and detention of children: and, Whereas, the placing County, in order to carry out and conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas Family Code) has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act indicating a need for supervision, during pre-trial and pre-dispositional status or in the.post- dispositional treatment prescribed by the Court; and Whereas, HAYS COUNTY JUVENILE BOARD desires to make the facility available to the placing County for such use and purposes and Hays County desires to contract for the use of said facility; NOW, THEREFORE, the parties agree as follows: L TERMINATION The term of this contract shall be for a period of twelve (12) months from the effective date; however if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date ofNotice of Termination is received by the other party. At 12:00 o'clock midnight thirty (30) calendar days thereafter, this contract shall terminate, become null and void and be of no further force of effort. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and 93 s owing at the time of termination of the contract. After receipt of notice of termination, the placing County shall remove all children placed in the facility on or before the termination date. II. COMPENSATION, BILLING, AND PAYMENT The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $89.00 per day for each space utilized in the Detention and Boot Camp program. The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $95.00 per day for each space utilized in the Juvenile Intensive Treatment Program (JITP). The placing County agrees to pay HAYS COUNTY JUVENILE BOARD the sum of $115.00 per day for each space utilized in the Sex Offender Residential Treatment program (SORT) while TJPC Reimbursement funds last, then the placing County agrees to pay the HAYS COUNTY JUVENILE BOARD the sum of $104.00 per day. This sum shall be paid to HAYS COUNTY JUVENILE BOARD pursuant to billing and paying procedures agreed upon by the contracting County and HAYS COUNTY JUVENILE BOARD. The per cost being based on the projected actual cost of care for children in the facility. Payment shall be made monthly. In addition to the rates agreed upon between the two parties, the placing County shall reimburse the Service Provider for expenditures made for medical care and dental care for children placed if. (1) the medical care or dental care is not covered by Medicaid or the funding source, and (2) the expenditures are approved by the placing County in writing prior to the expenditures being made. If emergency examination, treatment and/or hospitalization outside the facility is required for a child placed in the facility, the Administrator of the facility is authorized to secure such examination, treatment or hospitalization at the expense of the County. The County agrees to indemnify and hold harmless HAYS COUNTY JUVENILE BOARD, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical treatment, examination, and/or hospitalization. The Administrator, or designee, shall notify the appropriate County and parent/guardian of such an emergency within twenty-four (24) hours of its occurrence. III. PLACEMENT OBJECTIVE HAYS COUNTY JUVENILE BOARD agrees to provide a space if available at the time that the placing County requests the space. HAYS COUNTY JUVENILE BOARD will provide room and board; twenty-four hour per day, seven day a week supervision; routine medical examination and treatment within the facility (emergency examination, treatment, or hospitalization outside the facility with prior written approval of the placing County, if feasible); TEA approved educational programming; recreation facilities; and counseling to each child placed within the facility. The objective of the placement with the Service Provider is to protect the well-being of the child, and in the long-term to enhance the child's -2- 33 'a3 functional abilities in a residential care setting and achieve the goals of the child's Individual Treatment Plan and Child/Family Case Plan. IV. ADMISSION AND DISCHARGE Prior to transporting a child to the facility for short term-placement, the official authorizing the placement shall call the facility to insure that space is available. Placement of children from any County may be denied if space limitations require. Children referred for long-term placement shall complete the referral process for acceptance prior to placement. Each child placed in the facility shall be placed therein under proper order of the Juvenile Court, and the Administrator shall be famished a copy of said order and will arrive with appropriate pre- and post-adjudication paperwork as stipulated by Texas Juvenile Probation Commission Standards. Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. If a child is accepted by the facility from any County and such child thereafter is found to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator shall notify the Juvenile Board and placing County of such conditions. Such child shall be immediately removed from the facility. It will be the responsibility of the placing County to provide for the transportation for the removal of the child. The Service Provider must provide at least ten (10) calendar days notice before discharging a child except when the child is a danger to self or others. HAYS COUNTY JUVENILE BOARD agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. It is further understood and agreed by the parties hereto that children placed in the facility may be granted furloughs with parents, guardian, custodian, or other responsible adults only with prior written approval of the placing County or appropriate Juvenile Court. It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the Order signed by the Judge having juvenile jurisdiction of the placing County, duly certified by the clerk of said Court, or (b) Prior written authorization of the Juvenile Probation Department who originally detained the child. -3- d3 2_3 7 It is further understood and agreed by the parties hereto that children placed in pre- adjudication care in the facility shall be removed therefrom by the appropriate authorities from the placing County, or its agents, servants or employees at the expiration of the period authorized by the Court Order issued by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of such Order has been delivered to the detention facility, or unless a waiver of a detention hearing has been executed and a signed copy of the waiver delivered to the facility. It is further understood and agreed by the parties hereto that nothing in this contract shall be construed to permit the placing County, its agents, servants, or employees in any way to manage, control, direct or instruct HAYS COUNTY JUVENILE BOARD, its servants or employees in any manner respecting of their work, duties or function pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of the placing County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. V. SERVICES TO BE PROVIDED The Service Provider shall provide the following services to each child placed by the placing County to the extent that such services are permitted within the Service Provider's standards and consistent with the child's Individual Treatment Plan: • Basic residential child care services, including food and snacks, room, clothing, personal hygiene items, haircuts, local transportation & school supplies. • Educational and vocational activities. • Recreational activities. • Special treatment services, including behavior management, diagnostic services, psychological counseling, and psychiatric consultation. • Medically necessary health services. • Other services described in this Contract. The Service Provider shall provide all services in a manner which safeguards the health, welfare, and safety of the children to the maximum extent possible, and in the least restrictive setting possible. Residential care shall be provided by professional staff that possesses the required qualifications for performing designated job functions. The Service Provider shall verify and disclose, or cause its employees and volunteers to verify and disclose, criminal history and any current criminal indictment for an offense against the person, an offense against the family, an offense involving public indecency under the Texas Penal Code as amended, or an offense under the Texas Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code or -4- -C/ ~ a3~ comparable provisions in another state. This verification and disclosure shall be required for all staff having direct contact with the placing County children. VI. INDIVIDUAL TREATMENT PLAN Each child placed in long-term shall have a written Individualized Treatment Plan (ITP) developed in concert with the child and mutually agreed upon by the Service Provider staff, any psychologist and/or psychiatrist working with the child, and/or appropriate placing County personnel within thirty (30) days of placement. The ITP shall complement the Child/Family Case Plan supplied by the placing County. The ITP shall be reviewed jointly by all parties at intervals specified by Texas Juvenile Probation Commission standards, to assess the child's progress with modifications of the ITP being made when indicated. Either the Service Provider or the placing County may request a review at any time. The ITP shall contain the reasons why the placement will benefit the child; shall specify behavioral goals and objectives being sought for the child; shall state how the goals and objectives are to be achieved during the child's placement with the Service Provider; and shall state how the parent(s), guardian(s), and where possible, grandparents(s) or other extended family members will be involved in the ITP to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. The Service Provider shall provide the placing County with a written report of the child's progress toward or achievement of goal's objectives contained in the ITP on a monthly basis. These reports are to include, but not be limited to, the following information: (a) Behavior in program. (b) Progress in treatment. (c) Progress in school. (d) Peer and staff relationships. (e) Family relationships. (f) Aftercare goals. VII. PERFORMANCE MEASURES Goals The Individual Treatment Plan for each child shall contain specific behavior goals and services that are appropriate to the child and that enable the child to develop to his/her fullest -5- W3 a -3 7 potential. This development will be through provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. Outputs The Service Provider shall provide the placing County, within ten (10) working days, information which outlines the services provided to clients. These output measures may include, but are not limited to: • Average length of stay of children in each program. • Average daily population of children in each program. • Average number of counseling hours provided each child daily, weekly or monthly. • Average number of educational hours provided each child daily, weekly or monthly. • Specific types of milieu implemented by the Service Provider. Measurable Outcomes The Service Provider agrees to furnish the placing County the annual indicators which express the effectiveness of the Service Provider in providing public benefit. Evaluation of the contract by the placing County will be performed by using the following outcome measures: • 80% of youth successfully completing their program. • 80% of youth report improved family communication/functioning while in placement. • 80% of youth will demonstrate progress in a majority of goals outlined in the ITP and encompassing the nine domains of the Child/Family Case Plan. • 85% of youth will earn at least'/2 educational credits in core subject(s). Sanctions If the Service Provider fails to achieve the defined goals, outputs, and outcomes, set out by the placing County or if the Service Provider fails to comply with the terms of this contract, the placing County may, at its discretion, take any one or more of the following sanctions: • Cease placement of children at the facility. • Remove children previously placed by the County. • Require the Service Provider to take specific corrective actions in order to comply with the terms and conditions of the contract. • Suspend the contract in part or in whole until such time as the Service Provider is in compliance with all of the terms of the contract. • Terminate the contract. -6- Exercise any other rights or remedies which maybe available to the County, at law or in equity. VIII. RECORDS AND RECORDS RETENTION HAYS COUNTY JUVENILE BOARD will keep a record of all services provided to the placing County under this agreement and provide all information, records, papers, reports, and other documents regarding any aspect of the services furnished as may be requested by the placing County. HAYS COUNTY JUVENILE BOARD will make these records and all other materials which relate in any way to the services provided, available for inspection, audit, and examination by the County, the Comptroller General of the United State, the U.S. Department of Justice, the Texas Juvenile Probation Commission, and the State of Texas and/or their duly authorized representatives. HAYS COUNTY JUVENILE BOARD will maintain the records (as referenced above) for three (3) years after the final payment or until any audit or the program has been made and all questions arising therefrom have been resolved, whichever is later. This Agreement shall be construed under and in accordance with the laws of the State of Texas. HAYS COUNTY JUVENILE BOARD will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. HAYS COUNTY JUVENILE BOARD shall adhere to all applicable state and federal laws and regulations pertinent to the Service Provider's provision of services to the placing County. IX. EXAMINATION AND ACCESS TO FACILITY The placing County reserves the right to perform periodic on-site monitoring of the Service Provider's compliance with the terms of this Contract, and the adequacy and timeliness of the Service Provider's performance under this Contract. The Service Provider shall establish a method to ensure the confidentiality of records and other information relating to the child according to applicable federal and state law, rules and regulations, and applicable professional ethical standards. This provision shall not limit the placing County's right of access to the child's case records or other information relating to children served under this Contract. X. INDEMNITY, HOLD HARMLESS, AND CLAIMS The Service Provider shall indemnify, save and hold harmless the placing County, its -7- P3`fl officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts of omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action of the threat thereof. XI. INSURANCE The Service Provider shall have, and shall require all subcontractors providing services under this Contract to have insurance throughout the term of this agreement covering, among other matters that the placing County shall desire, any and all damages and/or claims that might arise out of the placement of county children. Such insurance shall include, but not limited to, breach of confidentiality. XII. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS The Service Provider shall comply with all federal, state, county, and city laws, rules, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract. The Service Provider shall not discriminate against any employee or applicant for employment based on race, color, religion, sex (gender), national origin, age or handicapping condition. The Service Provider will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age or handicapping condition. The Service Provider shall comply with minimum standards as put forth by the Texas Juvenile Probation Commission at all times. The Service Provider shall ensure that suspected or alleged cases of child abuse, neglect or exploitation are immediately reported to the placing County and to the appropriate authorities as required by law and in conformity with the procedures detailed in Chapter 261 of the Texas Family Code. The Service Provider shall ensure that its employees are properly trained in the reporting requirements and procedures of Chapter 261 of the Texas Family Code. -8- -C-,d- 4a XIII. ACKNOWLEDGEMENTS AND ASSURANCES The Service Provider acknowledges and agrees that the placing County is under no obligation to place any child or children with the Service Provider and this Contract shall not be so consn ucd. The Service Provider acknowledges and agrees that the placing County may, at its discretion, remove any child placed pursuant to this Contract, at any time. The placing County will notify Service Provider in a timely manner prior to the removal of a child except in instances where in the placing County's judgment such notification may result in risk to the child's health, safety or welfare. The parties acknowledge and agree that the Service Provider is under no obligation to accept a child who is deemed by Service Provider to be inappropriate for placement with the Service Provider. Under Section 231.006 of the Texas Family Code, the Service Provider certifies that they are eligible to receive state funds and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The Service Provider agrees to account separately for the receipt and expenditures of state funds received from the placing County. The Service Provider shall adopt specified accounting, reporting, and auditing requirements applicable to any state funds paid to the Service Provider under this contract. XIV. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Hays County. XV. MISCELLANEOUS PROVISIONS Fee Assessment Clients or their families shall not be assessed fees for services by the Service Provider unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of the placing Counties clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Officials Not To Benefit No officer, member or employee of Hays County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the -9- ~,~3 a-43 project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof, THIS CONTRACT AND AGREEMENT is made by and between the parties hereof; it being the declared intention of the parties hereto that the above and foregoing contract is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment for such care by the placing County for such children placed in the facility by the Judge of the placing County having juvenile jurisdiction. This Contract is in lieu of all previous contracts or agreements by and between HAYS COUNTY JUVENILE BOARD and the placing County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect of the date this contract becomes effective. Executed this the )2 day of Auca )S1" 20 L6 eachcopyhaeof shall be considered an original copy for all p4poses. oward S. Warner, Chairman, Hays County Juvenile Board Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett Littlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Title: COUNTY V Alcial-Authon-1zed to Sign . an yCL~e. Printed ame Title: ~XPI'J.A~I~F, 1rPP~DT . 'hF-b7A75 COUNTY -10- ~ pZ l State of Texas County of Bowie c #J0 CONTRACT AND AGREEMENT FOR POST-ADJUDICATION DETENTION This Contract and Agreement made and entered into by and between the Juvenile Board of Bowie County, acting by and through its duly authorized representatives, and through its Commissioner's Court and Brazos County acting by and through its duly authorized representatives, and through its Commissioners' Court to be effective September 1, 2006 to August 31, 2007. WITNESSETH I WHEREAS, the Bowie County Juvenile Board operates the Bowie County Juvenile Justice Center. Whereas Brazos County, in order to carry out and conduct its juvenile program in accordance with Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquent conduct, and WHEREAS, the Bowie County Juvenile Board will make the facilities available to Brazos Coun for such use and purpose, and Brazos County desires to contract for the use of said facility under the following terms and conditions. Brazos County shall provide, to the detention staff, an offense report, warrant, or order of immediate custody upon admission to the Juvenile Detention Center. The report must show probable cause that the child was involved in the alleged offense. If a legible offense report, warrant, or order of immediate custody is not provided, the child shall not be admitted. Each child placed in the facility by Brazos County shall be placed therein under an order of the Juvenile Court. Now, therefore, the parties agree as follows: (1) Bowie County Juvenile Board will provide room and board; supervision on a twenty-four hours per day, seven days per week basis; (but shall not pay for emergency examination, treatment, or hospitalization outside the facility) and a program of education and recreation to each child place within the facility. (2) Brazos County agrees to pay Bowie County Juvenile Department the sum of $60.00 per day for each child placed within the facility. In the event a high risk suicidal child is placed within the facility, an additional $80.00 per day will be charged to cover continuous, uninterrupted visual supervision by a juvenile detention officer. Juveniles placed for certified sex offender treatment will be charged the sum of $100.00 per day. Bowie County Juvenile Justice Center will periodically bill Brazos County for use of the detention facility. This sum shall be made payable to Bowie County Juvenile Justice Center, 141 Plaza West, Texarkana, Texas 75501. Due upon receipt (3) If in the discretion of a doctor or the Bowie County Chief Probation Officer or his designee, (hereafter called Superintendent) there is a need for emergency examination, treatment and/or hospitalization for a child placed in the facility by Brazos County, the _ t 83, aL/ observation with the time of observation and general description of the resident's behavior. Children who are High-Risk for Suicidal Behavior during non-program hours or who are confined or restricted from the general population shall be under continuous, uninterrupted visual supervision of a juvenile detention officer. The juvenile detention officer shall have no other duties including the supervision of another resident or residents classified as high risk for suicidal behavior. The juvenile detention officer shall document physical observations of a high risk resident at staggered intervals not to exceed every thirty (30) minutes. 343.l(d)(1) (9) Bowie County Juvenile Board agrees that the facility will accept any child qualified thereunder, without regard to such child's religion, race, creed, color, sex or national origin. (10) Brazos County agrees to provide the Bowie County Juvenile Justice Center the names of all persons authorized by them to visit children placed in the facility. Visitors must be jointly approved by the child's caseworker and the Superintendent. Visitors must be limited to two (2) per child per visit and must be eighteen (18) years of age or older. (11) Brazos County shall assure that a representative of the department contact each child placed in the facility a minimum of one time per week. These visits may be by telephone. The contracting department shall report all significant incidents regarding a child's medical, psychological history and needs, as well as a profile of the child's behavior during the admission process or within 24 hours. Further, the Superintendent shall be informed of the status of the child while in detention and shall be informed of all court dates and times so appropriate arrangements can be made. (12) Brazos County shall assume financial responsibility for damage to or loss of property at the facility due to the action of a child placed in the facility by Brazos County Reimbursement for said damage or loss shall be paid within thirty (30) days of notification by the facility. (13) It is understood and agreed by the parties hereto that children placed in the facilities under the proper order of the Juvenile Court of Brazos County shall be maintained therein except that the staff of the contracting jurisdiction may take the children under supervision from the facility to court hearings, counseling sessions, medical/dental appointments or other places as determined by the contracting jurisdiction. The staff of the contracting jurisdiction will be required to give adequate notice as to when the child will be removed, expected return time and will sign a temporary release form. 14) It is further understand and agreed by the parties hereto that children placed in the facility shall be removed by Brazos County, its agents, servants or employees at the expiration of the detention order under which the child is being detained unless a new order has been issued authorizing the continued detention, and a copy of such order, duly certified by the clerk of the Court, has been delivered to the facility. A copy of the order issued pursuant to waiver shall be furnished promptly to the facility. g3 a ` lQ 3 PROGRAM COMPONENTS (1) Vocational Training: participants in this program will be provided intensive vocational assessment and training in the areas of Automotive Mechanics, Industrial Arts, Building Construction Technology, metal works and auto body. Pre-employment skills will also be developed in all participants of the Vocation Instruction Program. (2) Substance Abuse: participants will be provided with a core curriculum of substance abuse treatment and 12 step programming that will give the participants the necessary skills to remain clean & sober. All participants will also receive physical fitness, vocational training and other mental health services. (3) Sex Offender Program: participants in this program will attend sex offender counseling delivered by a qualified Sex Offender Therapist. Participants will also receive services offered to other residents as an integrated part of their program. (4) Modified Boot Camp: participants will be instructed in a military style of physical fitness along with social skills training, daily living skills training, anger management, vocational training community service and a wide range of mental health services. All residents receive basic regular education or G.E.D. services as well as group and individual counseling. TERMINATION II The term of this contract shall be for a period of one year, unless specified, from the effective date and it shall be renewed and deemed renewed annually hereafter in the event either party hereto gives the required notice; however, if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty(30) calendar days from the date of the Notice to Terminate is received by the other party. At 12:00 o'clock midnight, thirty (30) calendar days after receipt of notice to terminate, become null and void and be of no further or effort. On or about the termination date, Brazos County shall remove all children from their jurisdiction currently in the facility. DEFAULT III (1) In the event of a default of the Bowie County Juvenile Board, Brazos County may cancel or suspend the contract and the Bowie County Juvenile Board shall be entitled to recovery for all services provided prior to the cancellation date or shall repay any funds advanced for services not yet rendered. l ' u' c o:A 7 STATE OF TEXAS C11 COUNTY OF Brazos CONTRACT FOR FOSTER CARE SERVICES This agreement entered into on this the 22 tid day of August, 2006, by and between the Brazos County Juvenile Services Department, hereinafter referred to as the Probation Department, and Homes 4 Good, hereinafter called the Home, witnesseth: 1. THAT IN CONSIDERATION OF THE PROMISE TO: Accept, perform and complete in contract with the Probation Department and in accordance with the program known as Foster Care, hereinafter called the Program, subject to and pursuant to the terms and conditions of the guidelines submitted by the Probation Department. All rules, regulations, and guidelines pertinent and applicable thereto, and further subject to all terms and conditions of this agreement; 2. To provide for the food, shelter, care and control of youth placed in the Home by Disposition Order of the Juvenile Court or Conditions of Release by the Juvenile Court. Account for all program funds received in cash, whether paid with state or matching funds. 4. Maintain and make available for inspection, audit, or reproduction, by any authorized representative of the Brazos County Auditor and State of Texas, books, documents and other evidence pertaining to the cost and expense of this placement. 5. Allow the juvenile services department (probation staff) to complete a home evaluation of the potential home the juvenile is being placed in before the foster placement takes place. (Homes 4 Good has a procedure for evaluating each home before children are placed in those homes) II. CONTRACT PERIOD: Scp}cv bcr The contract period will begin on the day of-A tguw, 2006, and will terminate on the 2L.* day of August, 2007. Parents will be able to apply for Medicaid for a child Juvenile Services places in their home without using any of the Foster Parent Income to insure the child is eligible. This requires the completion of a short form to be returned to The Health and Human Services Commission in Bryan, Texas. (Contact person for questions about Medicaid coverage is Sharon Maass (979) 776-7457. As with any placement requirement, the child will have a physical exam and dental exam provided by Brazos County before being placed in foster care. (If medical or dental care is needed after being placed in foster care, the parent of the child or Medicaid will cover. The foster parents will inform the probation officer when the child needs care) 2. The Foster Parents understand and agree that the Probation Officer will be allowed to visit the juvenile in their home and they will also report to the probation department for visits with the probation officer. (Note: If a juvenile leaves the foster home without permission (runaway) the foster parent is to call the police and report them as a runaway then call and let the probation officer know. If this is after hours the foster family will then call and leave a voice mail message for the proper supervising officer, this can be done by calling detention or the officers direct line. In case of a mental health issue the foster parent will carry the child to the emergency room and notify MHMR and also notify the probation officer in the same manner.) When a Foster parent wants to travel out of the state with a juvenile in foster care they will need the probation officer to provide a travel permit for this travel. The travel permit will need to be requested 7 days in advance of traveling. 3. The Brazos County Juvenile Services will set up supervised visits with the Parent/guardian if necessary; these visits will occur at the probation department. This will be set out in the court order before the juvenile is placed in foster care. Juveniles may also be allowed to go home for holidays or visits if approved by the probation officer and the court. The foster parents or Juvenile Services will provide transportation to and from the visits; parents or family members of the juvenile will not go to foster home. 4. Homes 4 Good agrees to report to the Brazos County Juvenile Services any allegation of abuse, neglect or exploitation made by youth placed in their Foster homes by Juvenile Services. This must be reported to Juvenile Services as soon as Homes 4 Good is notified, if after hours call and leave a voice mail message for proper supervising officer. VII. MINORITIES The probation department will not discriminate against any application for Foster Care because of race, color, religion, sex or national origin. The Home, by the same token, must ensure that placements considered for their home may not be refused acceptance therein, because of race, color, religion, sex, or national origin, unless professional evaluations indicate certain and explicit conditions exist for special placements. )unty Judge and Juvenile Board Chair 0 ) iv"' vat~-~ Doug Vance, xecutive Director Brazos County Juvenile Services SERVICE AGENCY Printed Name of Person Signing this form a/'~Z2(~ Date P -w o Date Date V ; ASO MEMORANDUM OF UNDERSTANDING REGARDING EMERGENCY SHELTER FOR BRAZOS COUNTY JUVENILE DETENTION This Memorandum of Understanding ("MOU") is entered into between the Brazos County Juvenile Services ("BCJS"), and the Brazos County Sheriffs Department BCSD"). 1. Purpose 1.1 The purpose of this MOU is to establish the Brazos County Sheriffs Department, Sandy Point Detention center as an emergency evacuation site for Brazos County Juvenile Detention. 1.2 In the case of a natural or catastrophic disaster causing the need to evacuate the Juvenile Detention Center the Sandy Point Detention Center will house all detained juveniles. II. Time-Frame 2.1 It has been agreed by both parties that the evacuation length should not exceed seven calendar days unless mutually agreed upon by both parties. III. BCJS Responsibilities 3.1 BCJS shall provide all needed transportation of all detained juveniles. 3.2 BCJS shall provide staff to supervise the juveniles. 3.3 BCJS shall make other arrangements for housing if the length exceeds seven calendar days. IV. BCSD Responsibilities 4.1 BCSD shall provide adequate space to house 48 juveniles for a seven-day length of stay. 4.2 BCSD shall provide all needed utilities, food, linens, laundry service and visitation space as needed for the detained juveniles. 4.3 BCSD shall ensure that the space provided has complete sound and sight separation from the adult population. 4.4 BCSD shall ensure that no BCSD employee is in anyway supervising the juvenile population. 9~ L a5l V. Term of the Memorandum of Understanding 5.1 The term of this MOU is from the effective date of the signing by all Parties involved through October 1, 2007. 5.2 Thereafter, renewal may be made on a yearly basis by mutual consent of the parties. 5.3 This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. 3/=b, Randy S' s, County Judge Date Chairrazos ounty Juvenile Board Lz4c~ /'I- /-;'j - Christopher ' k, Sheriff Date Brazos County Sheriffs Department A I Dv,\" Doug Vance, E cutive Director Brazos County Juvenile Services g-N ( - o Date MEMORANDUM OF UNDERSTANDING REGARDING THE BRAZOS COUNTY JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM FOR THE 2006-2007 SCHOOL YEAR This Memorandum of Understanding ("MOU") is entered into between the Brazos County Juvenile Board ('BCJB"), the Bryan Independent School District ("BISD"), the College Station Independent School District ("CSISD"), and the Navasota Independent School Distr ict ("N.I.S.D.). 1. Background 1.1 Chapter 37 of the Texas Education Code requires that all counties with a population greater than 125,000 establish and operate a Juvenile Justice Alternative Education Program ("JJAEP") for youth who are expelled from school for the conduct described in Section 37.007(a), (d), or (e). 1.2 T he Year 2000 Federal Census resulted in Brazos County exceeding a population of 125,000. The Brazos County Juvenile Board has created and operates a JJAEP for those students in Brazos County who are "MANDATORY EXPULSIONS" from public school for the conduct described in Section 37.007 (a), (d), and (e), Texas Education Code. IL Purpose 2.1 The purpose of this MOU is to set forth the duties and responsibilities of the BCJB, BISD, CSISD, and NISD in the Brazos County "MANDATORY JJAEP" becomes operational, and to comply with the requirement of Section 37.011 (m) of the Texas Education Code. Ill. Goals 3.1 The major goals for the Brazos County JJAEP in providing services for "MANDATORY EXPULSION" students are: (1) to provide a continuum of educational ser\r ces; (2) to establish consistency, predictability, and appropriateness of student placement following expulsion from their regular school program; (3) to return the expelled student to a regular school setting as soon as appropriate by law; (4) to impress upon the expelled student that there are progressive sanctions for misconduct in the public school setting; (5) to provide educational and placement options for the Brazos County juvenile courts; and (6) to enable the expelled student to perform academically at their appropriate grade level. IV. Student Eligibility. Length of Stay, and Fundina 4.1 STUDENT ELIGIBILITY: A student expelled from a school district must meet the following requirements to be served in the Brazos County JJAEP. A. The student must have been expelled by the school district for a MANDATORY EXPULSION offense listed in Section 37.007(a), (d), or (e) of the Texas Education Code. B. The school district must have notified the appropriate local law enforcement agency for the purpose of having an offense report filed regarding the alleged incident which is the basis of the expulsion. C. The investigating law enforcement agency must have made a formal referral of the case to the juvenile court if the offender was at least ten years of age, but not yet seventeen years of age at. 4k- 3ime of, tha..offeace; or, referred the case to the ~3 ca, appropriate criminal prosecutors office if the offender was seventeen years of age or older at the time of the offense. D. The JJAEP will not accept mandatory students if the prescribed legal procedures have not been followed. 4.2 LENGTH OF STAY: A student who is administered MANDATORY EXPULSION during the school year shall attend the Brazos County JJAEP for the remainder of their expulsion period, or for the period of time the student is on juvenile court-ordered probation; whichever is earliest. As a matter of practicability, the juvenile court may take judicial notice of the student's length of expulsion, and order a disposition of probation no less than the student's period of expulsion. Additionally the expelling ISD shall graft the expulsion order to provide a termination date that will permit the student to re-enter the expelling ISD a the beginning of a grading period. If the student's release date occurs during the week of state-mandated testing,the student must remain at the JJAEP to complete tests. No student shall be released during the last week of the sending Districts semester. 4.3 FUNDING: JJAEP funding for a MANDATORY EXPULSION student's daily attendance is forwarded to the Brazos County Juvenile Board bythe Texas Juvenile Probation Commission. Such funding is terminated by TJPC as soon as the student meets eligibility for return to their regular school; as described in 4.2 above. V. Curriculum. Credit and Academic Transition 5.1 As required by Section 37.011(d) of the Texas Education Code, Brazos County's JJAEP must provide a curriculum consisting of English language arts, science, mathematics, social studies, and self-discipline. The JJAEP is not required to provide a course necessary to fulfill a student's high school graduation requirement. Courses must be consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined byTEC 28.002 (c). 5.2 As required by Section 37.011 (d) of the Texas Education Code, each school district shall consider course credit earned by a student attending the Brazos County JJAEP as a credit earned in a district school. 5.3 All general education course work, from the seventh grade through grade twelve, will be provided by the JJAEP. Any student required to attend the JJAEP that is enrolled on grade five or lower, the referring ISD is required to provide the course work for those students. 5.4 To assure the student's academic transition into the JJAEP, the student's home school district shall, immediately upon notification that a student has been ordered into the Brazos County JJAEP, forward to the JJAEP the following r ecords: A. The student's current transcript; including all achievement test r ecords. B. The student's current year report card. C. Withdrawal form containing all appropriate information. D. The student's Texas Assessment of Knowledge Skills (TAKS) summar y. E. The student's Individual Educational Plan (IEP), Behavior Intervention Plan (BIP), and most recent ARD documents; including minutes. F. The student's behavioral manifestation determination. G. The student's immunization records. H. The student's current discipline records. 1. Any other records that would normally be provided when a student transfers to another school district. ?3 The release of such school records shall be made part of the child's juvenile court disposition, and an appropriate order shall be signed by the juvenile cour t judge. 5.5 The JJAEP's educational pr ogram shall include a review process during which an assigned administrator and/or teacher, within a reasonable time after admission to the JJAEP, reviews each student's progress with the student's parent or guardian, and prepares an Academic Transition Plan. The plan shall be reviewed periodically and address the student's educational needs. 5.6 The JJAEP's education component shall include English as a second language, ESL, for non English speaking students. 5.7 When an I.S.D. schedules an ARD as part of their process of a Mandatory Expulsion of a student, the school district shall notify the Brazos County Juvenile Services Department in advance, and allow a representative of the Juvenile Services Department and/or the JJAEP to attend the ARD meeting. VI. Student Transportation & Food Services 6.1 The family or guardian of any student assigned to Brazos County's JJAEP as a Mandatory Expulsion will be responsible for providing transportation to and from the JJAEP campus each day. This family responsibility may be made part of the child's juvenile court disposition, and an appropriate order may be signed by the juvenile cour t judge. 6.2 The Brazos County JJAEP shall provide a lunch meal for each student each school day the child is in attendance. VII. Responsibilities of the Brazos County Juvenile Board 7.1 To provide a building and utilities for the operation of the JJAEP. 7.2 To provide juvenile probation officer caseworker services for those children assigned to the JJAEP. Ratio 1:25. 7.3 To provide suitable teaching personnel for the delivery of educational services in the JJAEP. Ratio 1:24. 7.4 To provide adequate staff for the maintenance of discipline and safety at the JJAEP facility. VIII. Responsibilities of Bryan. College Station, and Navasota I.S D s 8.1 In accordance with Section 37.010(a) of the Texas Education Code, no later than the second business day after a student has been administered a MANDATORY EXPULSION which ultimately requires the student to attend the Brazos County JJAEP, the school district's board of trustees' designee shall deliver a copy of the order expelling the student to the Chief Executive Officer of the Brazos County Juvenile Services Department. 8.2 In accordance with Section 37.010(a) of the Texas Education Code, any student who is expelled from school, but is not being detained by the juvenile court in the Brazos County Juvenile Detention Center, or who is not receiving treatment under an order of the Brazos County Juvenile Court, the expelled student must be enrolled in an educational program. 8.3 Reference a student, seventeen (17) years of age or older who is expelled for conduct committed on or after that student's 17" birthday, the student's school district must have the expelled student enrolled in an educational program. _ ~3 C 555 8.4 Reference a student who is expelled for an alleged offense which later results in: A. A refusal by the District Attorney's Officer to file a petition in juvenile cour t; B. A grand jury NO BILLS the case; or C. A judge or jury finds the student NOT GU ILTY Shall result in the school district allowing the return of the student to school. However the school district retains the authority to determine if the student will be returned to his or her previously assigned campus, or assigned to a school distr ict AEP. IX. Administration of the Statewide Assessment 9.1 The Brazos County Juvenile Board shall be responsible for administering the statewide assessment to those students attending the MANDATORY EXPULSION JJAEP as required by TEC §39.023. X. Provision of Special Education Services 10.1 The Bryan ISD, College Station ISD, and Navasota ISD shall be responsible for providing all Special Education Services required by the Texas Education Code to their students attending the MANDATORY EXPU LSION JJAEP. 10.2 Bryan ISD, College Station ISD, Navasota ISD, and the Brazos County Juvenile Board shall comply with Section 37.004 of the Texas Education Code as it relates to the operation of a JJAEP. XI. Method of Transition from JJAEP back to appropriate I.S.D. 11.1 At least three (3) weeks prior to a student returning to their appropriate ISD, representatives of the student's ISD and the JJAEP, as well as the student's assigned Juvenile Probation Officer, shall meet to make appropriate arrangements for the student's transition from the JJAEP back to their ISD. X11. Indemnity 12.1 Only to the extent permitted by the Texas Constitution and other applicable Texas laws, but without waiver or expansion of any immunity from liability or limits to exposure established by the Texas Tort Claims Act, each party to this MOU will indemnify and hold harmless the other parties and their officers, employees and agents, from and against any and all claims proximately caused by negligence, breach or other act or omission by the indemnifying party or its officers, employees or agents. All. Miscellaneous 13.1 Consistent with the Texas Education Code and Title 3 of the Texas Family Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. 13.2 If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court of competent jurisdictwr• to be invalid, void, or unenforceable, the remaining provisions hereof continue in full force and e fwd 13.3 This MOU, together with the instruments heretoior* incorporated by reference and the attachments hereto, contains the entire agreement between the parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party, that is not contained herein is of any force of effect. Any modifications to the terms hereof must be in writing and signed by all parties. 13.4 The individuals executing this MOU on behalf of the respective parties below represented to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this MOU to do so on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this MOU in order for the some to be an authorized and binding agreement on the party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized to so, and such authorization is valid and effective on the date hereof. XIV. Term of the Memorandum of Understanding 14.1 The term of this MOU is from the effective date of the signing by all Parties involved through July 31, 2007. 14.2 Thereafter, renewal may be made on a year basis by mutual consent of the par ties. 14.3 This MOU is executed in multiple originals, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same strume Randy Sim , County udge Date Chair, zos County Juvenile Board Mike Cargill Superintendent, Bryan I.S.D. Eddie Coulson, Interim Superintendent, College Station I.S.D. Ai2vz - nnings T10'9 Navasota I.S.D. Date -7 Date 7~zG d6 Date 3 r~at~ 4- 9 CX- MENTAL HEAL i MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY t- _°4MERCIAL LEASE This lease agreement is made and entered into by and between Mental Health Mental Retardation Authority of Brazos Valley ("Landlord"), and Brazos County Juvenile Services. Landlord hereby leases to Tenant and Tenant herby leases from Landlord the following space in the building, 623 Marylake (Building C) Bryan, Texas, 77801: Section of building C, consisting of approximately 3,680 square feet. The primary term of this lease shall be twelve months commencing on the 151 day of September 2006, and ending on the 315` day of August, 2007 upon the following terms, conditions, and covenants: 1. UTILITIES. Tenant shall pay all charges for utility services to the leased premises: Tenant shall provide janitorial services. 2. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease constitutes a holding over which shall be construed as a tenancy from month to at a rental of $2,318.40 per month. 3. RENT. Tenant agrees to and shall pay Landlord at P.O. Box 4588, Bryan, Texas 77805-4588, or at such other place Landlord shall designate from time to time in writing, as rent for the leased remises, the total sum of $27,820.80 payable without demand in equal monthly payments of $2,318.40 each in advance on or before the le day of each month, commencing on September 1, 2006 and continuing thereafter until the total sum shall be paid. Rent received after the 20th day of each month shall be deemed delinquent. If rent is not received by Landlord by the 20`x' day of each month, the Tenant shall pay a late charge of -e- per day until the rent is received in full. Tenant shall pay $25.00 for each returned check. 4. SECURITY DEPOSIT. Landlord had not required a security deposit. 5. INSURANCE. Landlord shall pay for fire and extended coverage insurance on the buildings and other improvements of the leased premises. Tenant shall provide public liability insurance in the amount of $1,000,000 and contents damage insurance of $20,000 for its operations in the leased premises. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsibly for fire and casualty insurance on Tenant's property on or about the leasing premises. If Tenant does not maintain such insurance in full force and effect, Landlord may notify Tenant of such failure if Tenant does not deliver to Landlord within 30 days after such notice certification showing all such insurance to be in full force and effect, Landlord may at his option, take out necessary insurance to comply with the provision hereof and pay the premiums on the items specified in such notice, and tenant covenants there upon demand to reimburse and pay Landlord any amount so paid or expended in the payment of the insurance premiums herby and specified in the notice. S3 ,~a5~ 6. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as is condition as suitable of the purposes for which the same are leased, and does hereby accept the leased premises regardless of reasonable deterioration between the date of this lease and the date Tenant begins occupying the leased premises unless Landlord and Tenant agree to repairs or refurbishment. 7. MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, roof, structural components, electrical components, air conditioning and heating units, plumbing and pipes, in good repair except that in the event of repairs or replacements required due to the negligence of Tenant, Landlord shall only be responsible to pay for the prorated cost of the item to date of the repair or replacement based upon the estimated useful life of the item. If Landlord is forced to make repairs according to this subsection, and the need for such repairs is the result of Tenant negligence, then Tenant is responsible for the costs of such repairs. Tenant shall keep the leased premised in good, neat condition. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, reasonable wear and tear excepted. 8. ALTERATIONS. All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, normal wear and tear only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be in good and workmanlike manner. 9. SECURITY. Landlord shall provide Tenant with necessary keys for building entry. Tenant shall not make copies of any keys without the expressed permission of Landlord. All lights are to be turned off, and the security system set, if appropriate, before leaving the building. 10. DESTRUCTION. In the event the leased property is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Landlord may repair the damage and restore the leased premises to substantially the same condition as immediately 2 83 _~a s ~ priui the occurrence of the casualty. Such repairs shall be made at Landlord's expi nse. Landlord s:: allow Tenant a fair reduction of rent during the time the leased premises are partially unfit foi c,--npancy. If the leased premises are totally destroyed or deemed by the Landlord to be rendered ui-i t for occupancy by fire or other casualty, or if the Landlord shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such casualty. 11. TENANT DEFAULT. If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion is such abandonment or default continues for a period of ten (10) days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at 623 Marylake, Bryan, Texas, 77801, by certified mail. In the case of any other default or material breach, the lease shall be terminated upon thirty (30) days notice of any material breach or default provided that such breach has not been cured within thirty (30) days. Said time for curing the breach may be extended for such time as the party in breach is diligently seeking to cure any breach that is not reasonably capable of cure within thirty (30) days. Thereafter, Landlord or its agents shall have the right, without further notice or demand, to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, one-half of the remaining unpaid portion of the rental from paragraph 3 herein, or 2 months rent, whichever is less, shall become due and payable. 12. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. In the event of default, Landlord or its agents may peaceably enter the leased premises and remove all property and dispose of the same as Landlord shall see frt. 13. SUBORDINATION. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, Deed of Trust, or other lien hereafter placed on the demised premises and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on the express condition that this lease shall be recognized by the mortgagee, and the rights of Tenant shall remain in full force and effect during the term of this lease so long as Tenant shall continue to perform all of the covenants and conditions of this lease. 14. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenants employees, patrons, visitors, invitees, or any other persons for any injury to any such person or for any damage to personal property caused by an act, omission, or neglect of Tenant or Tenant's agents. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and all claims for such injury and damages, to the extent allowed by law, when the injury occurs on the leased premises. Landlord shall be included as an additional insured on Tenant's insurance policy. 3 r5 fa. D 15. SIGNS. Tenant shall nut post or paint any signs at, on, or about the leased premises except with the prior consent of the Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 16. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant, Landlord may terminate this lease by giving five (5) days written notice to Tenant of Landlord's intention to do so. 17. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation, this lease shall terminate and the rent shall be abated during the unexpired portion of the lease effective from the date of the physical taking of the leased premises. 18. NOTICES. Notices to tenant shall be by certified mail or other delivery to 623 Marylake, Bryan, Texas, 77801. Notices to Landlord shall be certified mail to the place where rent is payable. 19. COMPLIANCE WITH LAWS AND REGULATION. Tenant shall, at its own expense, comply with all laws, orders and requirements of all government entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents, employees and invitees shall fully comply with any rules and regulations governing the use of the building or other improvements to the leased premises as required by law. 20. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this lease, then Landlord's failure to cure same or commence a good faith effort to cure same within ten (10) days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant to terminate this lease. 21. SIGNS. During this lease, a "For Sale" sign and /or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 22. RIGHT OF ENTRY. Landlord shall have the right during normal business hours to enter the demised premises; (a) to inspect general condition and state of repair thereof, (b) to make repairs required or permitted under this lease, or (c) for any other reasonable purpose. 23. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 4 83 f 24. Tlivi OF ESSENCE. Time is expressly declared to be of the essence in this lease. 25. BINDING OF Hhl-S AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlord and Tenant. 26. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statue, ordinance, or otherwise. 27. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the law of the State of Texas. 28. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 29. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter of this lease. 30. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 31. ATTORNEY'S FEE. Any signatory to this lease agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this lease agreement or this transaction shall be additionally entitled to recover court costs, reasonable attorney fees, and all other out-of-pocket costs of litigation, including deposition, travel and witness costs, from the non-prevailing party. 32. SPECIAL CONDITIONS. a) Lessee is herein granted an option to renew this lease upon reasonable terms and conditions acceptable to both parities herein. Negotiation for renewal is to be made 5 three months prior to the end of each lease period. This lease can br, urinated with 30 days written notice, without cause, by either party. b) Tenant i^presents that he/she is not related, directly or indirectly, to any member of the Board of Directors of Lessor and that to his/her knowledge, no person affiliated with Lessor is receiving remuneration in any form as a result of the giving of this lease. c) Tenant reserves the right to give 30 days notice to terminate lease upon notification of loss of funding for programs operated at this leased location. The lease is automatically terminated at the end of the 30 days. d) Tenant shall have use of the covered area known as the Pavilion and the open lawn area behind buildings "A" and "B" in exchange for lawn care of the property used by Tenant. Landlord and Tenant have signed this Lease at the place and on the dates specified adjacent to their signatures below and have initialed all Riders which are attached to or incorporated by reference in this Lease. Landlord: Mental Health Mental Retardation Authority of Brazos Valley By: Tenant: Brazos By: Executive Director Date 6 242a"(p- Date .1 9 S T A T E OF T E X A S O F F I C E OF T H E G O V E R N O R C R I M I N A L J U S T I C E D I V I S I O N RICK PERRY GOVERNOR August 14, 2006 The Honorable Randy Sims County Judge Brazos County 300 East 26th, Suite 144 Bryan, Texas 77803 Dear Judge Sins: I am pleased to inform you that r iovemor Rick Perry has approved your application for award. This year, the Govemoes Criminal Justice Division (CJD) has streamlined the grant award notice procedure. The enclosed Grant Award Packet, which contains the Statement of Grant Awanl, Special Conditions and Requirements, Approved Budget Detail, and Grantee Acceptance Notice, represent your official notice of grant award. In order to accept your agency's grant, the Authorized Official must complete, verify, and sign the Grantee Acceptance Notice, then fax it to CID at (512) 475-2440 within 45 days of the issue date. Once the grant is properly accepted and all conditions of funding have been met, grantees may request reimbursement for expenditures obligated during the gent period by completing a Request for Funds form and submitting it to CID. CID will also email Expenditure Reports to the financial officer or a designated alternate financial contact person at the end of each calendar quarter. The reports are due back to CID by the date specified on the report. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed infarrnation packet to the Project Director containing progress reporting foi ms and instructions on completing and submitting those forms. The Governor's website, http://b Nwv.govemocstate.tx.us/divisions/cjd, provides general iformation needed to properly administer CJD grants and offers links to CID docnntents, fors and resources such as: - Texas Administrative Code (TAC) - Uniform Grant Managenu nl Standards (UGMS) - Office of Justice Program!, (03 P) Financial Guide- Not applicable to grants away ded through the Crime Stoppers Assistance Funds, Sate and Drug-free Schools and Communities Act. State Criminal Justice Planning Fund, and State Drug Court Program. - U.S. Department of Education Administrative Regulation (EDGAR) - Applies to Safe and Drug-Free Schools and Communities Act grants only - Federal and state agency home pages - Grant program descriptions and funding information - Regional Councils of Governments contact information - CID Request for Funds Form, Expenditure Report instructions and other important information CID looks forward to working v, ith you to ensure the success of your program Sincerely, 4fA Ken . Nicolas Executive Director POST OFFI( 1: BOX 12428 AUSTIN, TEXAS 78711 (512) 463-1919 (VOICE) / (512) 475-3165 (TDD) 3 a~~ GRANT AWARD PACKET This award packet is the authorized official's notification that the grant described below has been awarded by the Governor. The initial acceptance process is complote once the'Grantee Acceptance Notice' has been completed, signed and returned to the Criminal Justice Division (CJD). A grantee may not expend CJD funds awarded until this notice is approved by CJD. Pleasa do not change the preprinted information on any of the enclosFd forms within the'Gram Award Packet'. Part I: Statement of Grant Award The grantee agrees to comply wish the provisions of the Govemor's Criminal Justice Division's rules In Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded (as listed below). Grant Number: DJ-05-A10-18448-01 CJDAward: $743,777 Grantee Name: Brazos county Grantee Cash Match: $383,092 Project Title: Criminal Law Enforcement Assistance & Response Team Grantee In Kind Match: $0 (CLEAR) Grant Period: 04/01/2006 - 09/30/2007 Total Project Cost: $1,126,869 Program Fund: DJ-Edward Byrne Memorial Justice Assistance Grant (JAG) Date Awarded: 8/14/2006 Program Region: Brazos Valley Council of Governments Date Issued: 8114/2006 Part II: Special Conditions and Requirements By signing and submitting the'Gfantee Acceptance Notice' to CJD, the grantee accepts the responsibility for the grant project and agrees with the conditions of grant fundii ig as stated below. The grantee's funds shall be placed on hold unlit the grantee has satisfied the requirements of the special conditions and requirements, If any, cited below: Other Condition(s) of Funding: Grantee must comply with guidelines for management of confidential funds in accordance with the Comptroller's Financial Guide issued by the Department of Justice, Office of Justice Programs. Single Audit Review Required: Entities that expend $500,000 or more in a year in Federal or State awards shall have a single audit conducted in accordance with OMB A-133 and/or UGMS, Single Audit Circular. Resolution A resolution must be submitted to CJD prior to receiving grant funds. CID Contact: Switzer, Judy Page 2 of 4 33 a s Fart III: Approved Budget Detail The approved budget is reflected below. For more detailed information regarding the administration of these funds, please referenca the Texas Administrative Code. Subchapter B. General Grant Program Policies, and Subchapter E. Administering Grants. CJD Cash Match In Kind TOTAL A. Personnel: $329,411 $329,411 $0 $658,822 B. Contractual: $53,681 $53,681 $0 $107,362 C. Travel: $5,000 $0 $0 $5,000 D. Equipment: $129,961 $0 $0 $129,961 E. Construction: $0 $0 $0 $0 F. Supplies: $225,724 $0 $0 $225,724 G. Indirect: $0 $0 $0 $0 Total: $743,777 $383,092 $0 $1,126,869 Budget Detail: A. Commander, Deputy ;100% of salary; CJD Funds $64734; Cash Match $44734; In-Kind $0; Line Total: $109468 Senior Investigator, Deputy ; 100% of salary ; CJD Funds $60442 ; Cash Match $40442 ; In-Kind $0 ; Line Total: $100884 Senior Investigator, Deputy ; 100% of salary; CJD Funds $58284 ; Cash Match $38284 ; In-Kind $0: Line Total: $96568 Investigator, Deputy ; 100% of salary ; CJD Funds $57411 ; Cash Match $37411 ; In-Kind $0 ; Line Total: $94822 Investigator, Deputy ; 100% of salary ; CJD Funds $0 ; Cash Match $85472 ; In-Kind $0 ; Line Total: $86472 Investigator, Deputy ; 100% of salary ; CJD Funds $54684 ; Cash Match $34684 ; In-Kind $0 ; Line Total: $89368 Administrative Assistant ; 100°h of salary ; CJD Funds $33856 ; Cash Match $32136 ; In-Kind $ 0; Line Total: $65992 Assistant Auditor ; 2i% of salary; CJD Funds $0 ; Cash Match $16248 ; In-Kind $0 ; Line Total: $16248 Total: $658822 B. Investigator, College Station Police Department ; CJD Funds $53681 ; Cash Match $53681 ; In-Kind $0; Line Total: $107362 Total: $107362 C. Instate Travel and Training ; CJD Funds $5000 ; Cash Match $0 ; In-Kind $0 ; Line Total: $5000 Total: $5000 D. Unmarked Vehicles 2) ; CJD Furls $33000 ; Cash Match $0 ; In-Kind $0 ; Line Total: $33000 Copier ; CJD Funds $5445 ; Cash Match $0; In-Kind $0 ; Line Total: $5445 Surveillance Equipment (transcorder with repeater and accessories) ; CJD Funds $5445; Cash Match $0; In-Kind $0; Line Total: $5445 Hand Held Radios (6) CJD Funds $26360 ; Cash Match $0; In-Kind $0; Line Total: $26360 Car Radios Including Installation (8) ; CJD Funds $40107; Cash Match $0; In-Kind $0; Line Total: $40107 Digital Video Cameras (8) ; CJD Funds $4552; Cash Match $ 0; In-Kind $0; Line Total: $4552 Long Range Scopes (2) ; CJD Funds $360; Cash Match $0 ; In-Kind $0; Line Total: $360 Microphones and Transmitters (3) ; CJD Funds $2700; Cash Match $0; In-Kind $0 ; Line Total: $2700 Night Vision Equipment (2) ; CJD Funds $11992 ; Cash Match $0; In-Kind $0; Line Total: $11992 Total: $129961 F. Office Telephones (local) ; CJD Funds $15500 ; Cash Match $0: In-Kind $0; Line Total: $15500 Office Telephone (long distance) ; CJD Funds $1500; Cash Match $0; In-Kind $0; Line Total: $1500 Pager Rental ; CJD Funds $876; Cash Match $0 ; In-Kind $0 ; Line Total: $876 Fuel and Vehicle Oparating Costs ; CJD Funds $36500; Cash Match $0; In-Kind $0; Line Total: $36500 Equipment Maintenance ; CJD Funds $2250; Cash Match $0; In-Kind $0; Line Total: $2250 Copier Maintenance ; CJD Funds $1522 ; Cash Match $0; In-Kind $0; Line Total: $1522 Project Supplies (police equipment) ; CJD Funds $900; Cash Match $0; In-Kind $0 ; Line Total: $900 Confidential Funds ; CJD Funds $54000; Cash Match $0; In-Kind $0; Line Total: $54000 Office / Miscellaneous Supplies ; CJD Funds $15000; Cash Match $0 ; In-Kind $0 ; Line Total: $15000 Copier / Computer Supplies ; CJD Funds $1050 ; Cash Match $0 ; In-Kind $0 ; Line Total: $1050 Cellular Telephones ; CJD Funds $4810 ; Cash Match $0 ; In-Kintl $0 ; Line Total: $4810 TLETS Line and Equipment ; CJD Funds $500 ; Cash Match $0 ; In-Kind $0 ; Line Total: $500 Vehicle Maintenance and Repair ; CJD Funds $15000: Cash Match $0; In-Kind $0; Line Total: $15000 Vehicle Insurance ; (;JD Funds $15000; Cash Match $0 ; In-Kind $0; Line Total: $15000 911 Computer Line f ees ; CJD Funds $2642 ; Cash Match $0; In-Kind $0; Line Total: $2642 Office Alarm Monitoring Fees ; CJD Funds $666 ; Cash Match $0; In-Kind $0; Line Total: $666 Canine Maintenance ; CJD Funds $3000 ; Cash Match $0 ; In-Kind $0 ; Line Total: $3000 Office Rental and Maintance ; CJD Funds $54708 ; Cash Match $0: In-Kind $0; Line Total: $54708 Surely Bonds ; CJD Funds $300 ; Cash Match $0; In-Kind $0; Line Total: $300 Total: $225724 CJD Contact: Switzer, Judy Page 3 of 4 Part IV: Grantee Acceptance Notice Grant Number: - DJ-05-A10-18448-01 CJD Award: $743,777 - Grantee Name: Brazns County Grant Period: 04/01/2006 - 09/30/2007 Project Title: Criminal Law Enforcement Assistance & Response Program Fund: 0.1-Edward Byrne Memorial Justice Team (CLEAR) Assistance Grant (JAG) Program This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD) by September 28, 2006. 1. 1 certify that I am authorized by the applicable governing body to accept, decline, alter, or terminate this grant on behalf of the grantee. 2. If the grantee is not a state agnncy and the current authorized official is not accounted for in the resolution on file at CJD, I certify that a new resolution has been includes with the acceptance of this grant or will be submitted prior to the collection of grant funds. 3. 1 agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the adoptions by reference therein. 4. 1 understand that the grantee is obligated to provide applicable match, as required by the terms of the grant. 5. 1 understand that a violation of any tern of the grant may result in CJD placing a temporary hold on grant funds, permanently de- obligating all or part of the grant lunds, requiring reimbursement for funds already spent, and/or barring the grantee from receiving future CJD grant funds. 6. 1 understand that grant funds nay be withheld unfit all special conditions placed on this grant are satisfied. 7. 1 understand that each grant official position must be occupied by a different Individual. 8. 1 understand that any of the thi ee grant officials may request adjustments to the grant. 9. 1 understand that CJD must be notified in writing of any grant official change, which must Include a sample signature of the new grant official. The authorized ojficia! jor thi t must indicate agreement by signing the Acceptance Notice. The grantee will not beeligible any gr units u ' this a is executed and returned to CJD. Signature of horized Official Date Verification of Information and Sample Signatures: The grantee must verify all of the grant official's identifying information as listed below. If the information for any of the three officials Is incorrect, complete the'Designation of Grant Officials Change Form' found at htip://www.govemor.state.tx.us, and return to CJD. YES Select YES if the all of the information below is correct, sign, and return to CJD. IN NO Select NO if any of the information below is incorrect, use the 'Designation of Grant Officials Change Forth' to notify CJD of the updated information ONLY, sign, and return both completed forms to CJD. Authorized Official Name: The Honorable Randy Sims Address: 300 East 26th. Suite 144 Phone: (979) 361-4101 Fax: (979) 823-6993 Proiect Director Name: Mr. Christopher Kirk Address: 300 East 26th. Suite 105 Phone: (979) M-4100 Fax: (979) 361-4170 Signafure of Project Mitector Financial Officer Name: Ms. Katie Conner Address: 300 East 26th Streei,_Suile 314. Phone: (979) 361-4362 Fax: (979) 3614347 Position: County Judge City/StrZip: Bryan. Texas 77803 Email: rsims0co.brazos.tx.us Position: heriff City/St(Zip: Bryan. Texas 77806 Email: chdskirkrahiahsheriff corn Position: County Auditor City/St/Zip: Bryan.. Texas 77803 Email: koonner0co.brazos.tx us P- 3o/ix) & Officer CJD Contact. Switzer, Judy ~93 X67 Page 4 of 4 CONSfRUCnON GROUP' 19, 2006 sos County East 26th Street an. TX 77803 Pat Howard Sheriffs Office Hunt Job No. 3098 IIunt Construction Group, Inc.Potential Change Order No. 005 Construction Group, Inc. is hereby respectfully submitting for your review and approval the subject change item in the amount of One Thousand Six Hundred and Forty Three Dollars 3.00). This amount will be funded by Owner Contingency. refer to the attached Potential Change Order Break Down, corresponding ltractor(s) quotation and the Document initiating this change. f you agree with the work to be performed and the associated cost, please signify your approval by signing in the space provided below. Receipt of the signed original will indicate acceptance of this quote. A change order will also be issued to adjust the respective Subcontractor(s) contract amount and scope of work accordingly once an executed change order is received from the Owner. f you should have any questions regarding this change item, please do not hesitate to contact me at the jobsite office. Roberts Manager cc: PCO File: 005 Bbd-Oro Date S" Date Hunt Construction Group, Inc. 1700 Sate Highway 21W, Bryan, Texas 77803 Phone: (979) 822-9318 Fax: (979) 822-9429 w ..huntcogstrwdongroup.mrn --A CONS18VCnON CAMP- Wednesday, July 19, 2006 Ms. Pat Howard Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down PCO No. 006 Shsdit Office -3088 Dear Ms. Howard, We have finalized gathering all the required quotations for PCO Number 006 for the following extra work: Revision to Screenwail. We have reviewed the scopes of work and have verified that all extra work items are in compliance with our contract agreement. The following is a detailed itemization of all extra costs. Item Description Amount Proposed Contractor 001 No cost per Nathan Minarcik $0.00 C&L Concrete Construction, Inc 002 Furnish labor, material, equipment $1,643.00 Boenigk Masonry Inc. and all other items necessary to revise the screenwail, as detailed in WHJ's res onsa to RFI #44. Total Amount $1,643.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. O3 _ 1~-`~ g'n' - 4LFZq BO.ENIGKMA.SONRY,i VC. PO BOX 5723 BRYAN, TEXAS 77805 979-776.9600 Fax 979-776-9602 06-28-06 Hwrt Construction Group, Inc. 1700 State Hwy. 21 West Bryan, TX 77803 ATTN: Corbyn Roberts RE: Brazos County Sheriffs Office Pricing-RFI #44 Revision to scmen wall Issue #5 Price- $1,643.40 Itemization on page 2 Randy RECEIVED JUN 2 9 2006 HUNT CONSTP.!T -RCUP Masonry Inc. ,`o~ 70 -r: SIC JLNY-4J-GGGO lc:ac rR M;dUtNIUK MR:iUNRY INC 9797769602 TC:9B229429 f BOENIGKMASON.RYMC. PO BOX 5723 BRYAN, TL+XAS 77805 979-776-9600 Fax 979-776-9602 Charge To, Hunt ConstnKft Gmup. Inc. Date: 06/28/06 1700 %Ak Hwv 21 West Customer Number: DJMWIx77&0 Ptolect Number Brazos CoWly Sbcce_ X%... 12 - -e nr. 3. AAA t r,,- rk,.,'cjwA VC T to Cnrprn wall Issue #5 PCO# 00 Type of Labor _Add&-= 12 HM ® $ ?•1.00 = $ SAO Hamer is Ho @ $ 12.00 » $ 80.00 Saw Man 3 Hrs 12.00 = $ 36.00 Hn@s m$ An@s Total Labor: $ 468.00 Labor Tax & Insurance: $_lu.04 Materials - 5 g» x 2a" x 16~ s1 1xa -~o.oo ea $ 7oo.Qo ~14 vd - tg.mortar 1zo.oo/vd $ X0.00 $ $ $ $ Total Material $ 730.00 Equipment 1/41ift- saw- mixer 400.00/ dam $ 100.00 $ Total Equipment $ 100. 0 REG JUN 2 9 2006 HUNT CONSTRUCTION GROUP Net Cost Overhead &c Profit Total Cast p3 7e $ 1.429.04 $ 214.36 $ 1643.40 P:2/2 i NMQNTON w)oKER JEFFRY, PC, VVI/WY l I Y .r.. ATTN.: Corbvn Roberts, Protect Manager. Hunt Fax. 979-W-9429 FROM: Dan Duffv Beam at wall NO.OF PAGES (INCLUDING THIS PAGk"}: 4 Corbyn, Response to RF7 #44 Please see engineer's notes RECErr VF Cali me if you have any questions.. JUN I 1 200 Tom Hooker, Tony Jeffry Pat Howard. (979) 361-4293 Jim Mann (979) 361-4170 Don Garrett (979) 946-3094 MD Engineering 214.340-6163 J6, 1 rL 9"17 1 Project Name WHJ Project Number Date Brazos county 0502 Sheriff's Office 06113/06 r. MCI K J4 JUN-0~2006(T} 0.J) E8:4g P. SWUM E6/07/2006 17:81 9729429 FllNr casrnucrxoK PARE 04183 Request for Informanon -044 nw. mmm"~ DZWVA FL%MMgWBYFaNumber v went Me MMQg4M rw,stMftdrenc, > MILAI*"W twee J Res on a -to RFI #44, i The pierat column grid intersection G"I IA, and the pier to the north at the Intersection. Of gradebeams GB4 and GB17 should be at top of pier elevation O(r- 10" In lieu of e6'-7. Please see the attached sketch for modifications to the top of pier elevations at the monument wall. Also attached Is a detail showing the gradebeam step (as noted on the plan sketch) and a modification to the pier to beam connection detail to 6brid the pierreinforcement into the gradebeanr in lieu of using dowels per 3/S4.01. Carlo Taddei, P.E. emwoe RECEIVED A+ty -•I 3.2-006 P~,eMem wr NN="Oamv BY: I ~~1P DAaWBheehWd a ONXDUNXN ka I&OMMOOMU ' 1.1'-3 I I q9'-~ ~r 3 10:13:11 AM a~- 96`- Ala 1CiJD $a P2 P s'-10- 1a 0 54.01 h• h I NY p7a►hl pow eLs - rNA1f~ ~r-I P F FnR c✓akL_ Pi. kP y, iQ. 11 1'.4 12 (1 STEP IN 6KQpcso+f, 1 . c . ! d rt v, - sr;EAr P7 •-00* .01 3 JUN I 1 3 2006 0333= In jASTEIL QUINTANILLA DALLAS LLP Lijl= ENOTNEEKS SURVEYORS 1.. O mojucr x.°'17 C ItH SM~i x m~CZI ]OBNO. -SnO5,32, J GryFy~ OF DMONFR 07- - nh7v. Ob IL O v -9 3 col-7S KD MCONSTMUM11 GAGUPO1 August 23, 2006 sos County East 26th Street an, TX 77803 Pat Howard Sheriffs Office Hunt Job No. 3098 I Iunt Construction Group, Inc.Potential Change Order No. 006 Hunt Construction Group, Inc. is hereby respectfully submitting for your review and approval the above subject change item in the amount of Nine Thousand Four Hundred and Ninety Seven Dollars ($9,497.00). This amount will be funded by Owner Contingency. refer to the attached Potential Change Order Break Down, corresponding praetor(s) quotation and the Document initiating this change. If you agree with the work to be performed and the associated cost, please signify your approval by signing in the space provided below. Receipt of the signed original will indicate acceptance of this quote. A change order will also be issued to adjust the respective Subcontractor(s) contract amount and scope of work accordingly once an executed change order is received from the If you should have any questions regarding this change item, please do not hesitate to contact me at the jobsite. office. Sincerely e & Corbyn Roberts Project Manager cc: PCO File: 006 4*~0~ 0 Date -d~ Date Hunt Construction Group, Inc 1700 Stare Highway 21W, Bryan, Texas 77803 Phone: (979) 822-9318 Fu: (979) 822-9429 w ..hun[construcdongroup.com CONSMUCIION GAOUP° Wednesday, August 23, 2006 Ms. Pat Howard Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down PCO No. 006 Sheriffs Office - 5098 Dear Ms. Howard, We have finalized gathering all the required quotations for PCO Number 006 for the following extra work: Revision to Brazos County IT Conduit. We have reviewed the scopes of work and have verified that all extra work items are in compliance with our contract agreement. The following is a detailed itemization of all extra costs. Item Description Amount Proposed Contractor 001 Fumish labor, material, equipment $9,497.00 College Station Electric, Inc and all other items necessary to revise the IT conduit routing located on the North side of the building, per the drawings recieved from Brazos County IT during the owners meeting on 6/21/06. Total Amount $9,497.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. ~3 a 7 C1502 BRAZOS COUNTY SHERIFF OFFICE ADJUSTMENT FOR CHANGES IN WORK Project A: 502 Contract A: W98 Review A: D15oR': (ISSUE 6 AND PCOA006) Project Title: BRAZOS COUNTY SHERIFF OFFICE Date: F(1 w" Caaractar. COLLEGE STATION ELECTRIC, INC. CSE Job No: 200605 Description of Work: CHANGES FOR 7r CONDUIT TO RELOCATE UNDERGROUND .CONDIIIT PreMed: JAMES Approved: Description I Warrtlty Required Unit Labor Unit Cael Labor WE Equipment Darer WE Other Sub Unit Coat Subcantnict RELOCATION OF UNDERGR OUND 3 2" CO NDUIT AND ADDER OF N EW PULL B OX ROUND PULL BOX 1 EA 100 100.00 .86 .86 .00 AMER OF 9 2" PVC UNDE GROUND COND UIT TO EXISTING BLG.A ND WALL S TUB-UP TO NEW J-SO X r PVC CONDUIT 380FT 1 $330.00 1.10 $363.o0 $0.00 2' PVC 90-DEG ELBOW 'R 9 EA 125 - $1175 $24.10 16.90 $0.00 27M COUP 12 EA 1.25 15.00 .74 $8.91 $0.00 r FEMALE ADAPTER 3 EA 125 $3.75 $0.69 $2.06 $0.00 6' ELECTRIC CAUTION TAPE 100 FT 0.125 $12.50 $0.06 .71 $0.00 r RIGID CON11T 30 FT 125 $97.60 $6.53 $195.86 $0.00 Z 'RIGID ELBOW 3 EA 125 $3.75 $10.16 $30.47 $0.00 2'RIGID OOUPING 3 EA 125 $3.75 $2.37 7.11 $0.00 rSTRUTSERAPE 6 EA 0.875 .25 $2.18 $13.07 .00 1 112 STRUT 10 FT 125 $12.50 $1.03 $1029 $0.00 r LOCK NUTS 12 EA 12611 $15.00 $0.70 $8.10 $0.00 BUSHING 9 EA 1.25 $1125 $0.44 $9.99 $0.00 36'X 35% 12' DEEP WALL JWX 1 EA 90 $90.00 $455.71 $456.71 $0.00 27C1r NIPPLE 3 EA 11.25 .76 $14.26 $4277 .00 CORED HOLE S' 9 EA 25 $75.00 107.14 $321.49 $0.00 BACK HDE TRENDING 1 EA 750 $750.00 $1.500.00 11500.00 $0.00 UNDERGROUND BORING 1 EA . 25 25.00 $ $1,71429 $1714.29 $0.00 PULL STRING 630 FT 0.05 1.60 $0.07 $46.00 $0.00 GROUND PULL BOX 1 FA 100 100.00 .86 $642.86 $0.00 ADWNI $0.00 $0.00 $0.00 $0.00 ADIVroI $0.00 $0.00 50.00 $0.00 ADNAII .00 $0.00 $0.00 $0.00 ADIW01 $0.00 $0.00 $0.00 $0.00 ADIVroI $0.0o w.oD ao $0,00 ADIVMI $0.00 $0.00 $0.00 $0.00 ADIVMI $0.00 $0.00 $0.00 $0.00 SUBTOTALS $1,666.75 $6 30.89 $0.00 V V Ramada: $7,897.44 $1,666.75 $716.70 a 452A $0.00 ,949.8,9 4 1,,117.00 C15 0605 Page 1 C1502 Sublual Saba+mate W+equipment) Labor Burden 43 %of labrn OVERHEAD 10%A+B PROFIT 5 %of abc Sales Tax 825 % of taxable Oems TOW (A+B+CtD+E) '93 G 979 rage 1 of 1 Corbyn A. Roberts From: Clint Johnson [ClintJ@CSELEC.COM] Sent: Friday, August 04, 2006 9:18 AM To: Corbyn A. Roberts Subject: RE: Revised price for 3 - 2" conduits Sheriff The conduit from box #3 to the Verizon box was used from box #3 t0 the new box #5, the distance is the same. The conduit added in the change order is from box#5 to the building. Clint Johnson Projed Manager College Station Electric Inc. Tel. 979-774-8948 Fax: 979-776-5865 "Corbyn A. Roberts" <CRoberls0huntcastrucdongroup.com> 8/3/2006 12:14:27 PM Clint, I was IooMrg at the break dam and I clan't see the credit for eorMWt tarried In the original drawing from Sill Holland. please advise. Thanks, ---Original Message-- From: Clint Johnson [mailto:Gint)@CSELEC.COM] Sent: Wednesday, August o2, 2006 4:33 PM To: Corbyn A. Roberts Subject: Revised price for 3 - 2" conduits Sheriff Corybyn, attached Is the revised pricing for the 3 - 2" conduits needed for the detention center connection. Clint Johnson Project Manager College Station Electric Inc. Tel. 979-774-8948 Fax: 979-776-5865 8/4/2006 A ~p l Brazos Caelnky Sheriff O e+ III. Conduit Addition LEGEND ERM SCALE i° = 30' ea. rm(y Dorm) ~1®4 &C ~G k Specification . , P.4 D T 4'~i GQ,6btT i max. AO~iL.tKb ~ivi ~.►1 yr~ove~ - _ v / i t 3 d p~: to CQl~lf> ~GcAC 11 IOCQ}ibh ~3 IFS 1 grt'~ttt~s~~ t-:SAY' Te?co fir, f i~c~ ~c~. GCCP-Vstv, u2ow a. 644+; ox AppJieO ~~ri~aN walk awl ameA B Ili IA,rr EArg0( 0 ` P ~3 ~ FS NDC Wednesday, July 19, 2006 Brazos County 300 East 26th Street Bryan, TX 77803 Attn: Pat Howard RE: Sheriffs Office Hunt Job No. 3098 Subject: I Iunt Construction Group, Inc.Potential Change Order No. 008 Hunt Construction Group, inc. is hereby respectfully submitting for your review and approval the above subject change item in the amount of One Thousand Eight Hundred and Fourteen Dollars ($1,814.00). This amount will be funded by Owner Contingency. Please refer to the attached Potential Change Order Break Down, corresponding subcontractor(s) quotation and the Document initiating this change. If you agree with the work to be performed and the associated cost, please signify your approval by signing in the space provided below. Receipt of the signed original will indicate acceptance of this quote. A change order will also be issued to adjust the respective Subcontractor(s) contract amount and scope of work accordingly once an executed change order is received from the Owner. If you should have any questions regarding this change item, please do not hesitate to contact me at the jobsite office. Sincercly Corbyn Roberts Project Manager Approve4,by the)A*hitect,~ Date 9&" Approved Owner Date cc: PCO File: 008 Hunt Construction Group, Inc. 1700 Sure Highway 21W, Bryan, Tic= 77803 Phone: (979) 822-9318 Fax: (979) 822-9429 w ..hunteonstrucriongroup.com 3.:. tag3 CONSMCnON GROUP' Wednesday, July 19, 2006 Ms. Pat Howard Brazos County 300 East 26th Street Bryan, TX 77803 RE: Potential Change Order Break Down PCO No. 008 Sheriffs Office • 3098 Dear Ms. Howard, We have finalized gathering all the required quotations for PCO Number 008 for the following extra work: Two (2) Four Inch (4") Conduits for Tole. Service. We have reviewed the scopes of work and have verified that all extra work Items are in compliance with our contract agreement. The following is a detailed itemization of all extra costs. Item Description Amount Proposed Contractor 001 Fumish labor, material, equipment $1,814.00 College Station Electric, Inc and all other items necessary to provide 24" conduits for the telephone service to the building in lieu of 2-2" conduits, as requested b Verizon. Total Amount $1,814.00 If you have any questions regarding this Potential Change Order, please call me at your earliest convenience. a37 RECEIVED 2006 01501 JUL ~ HUNT CONSTRUCTION GROUP BRAZOS COUNTY SHERIFF-OFFICE ADJUSTMENT FOR CHANGES IN WORK Project 502 Contract#: 3098 Revision Project Title: BRA70B COUNTY SHERIFF OFFICE Date: 7i3fIU0t1 Contractor: COLLEGE STATION ELECTRIC, INC. CSE Jab No: 200605 Descriptfon of Work: CHANGE TELPHQNE EON0Utr FROM 2" T04' Prepared: JAMES Approved: Description Ouantlgr RegAmd untt Lat1dr Untt Labor A#E Equipment Other WE O6w Sub Un t Coat Subcontract CHANGE TELEPHONE COND UIT FRO M 2 2 " TO 2 4" FROM NEW B LG. TO HW Y21 DEDUCT OF 2" PVC CONDIM 2" PVC CONDUIT -680 FT 1 80 $1.10 18 Ilm 2' PVC 9"EG ELBOW d EA 10 $24.10 $0.00 277 COUP -4 EA 21 10 $0.74 $2.9 $040 ADDER OF 4" PVC COlDUrr 4' PVC CONDUIT 560 FT 125 $700.00 $3.01 $1,885.00 $0.00 4' PVC 90-DEG ELBOW 36"R 4 FA 275 $110.00 $67.11 $265A6 EOAO 4'PVC COUP 4 EA 525 $21.00 $3.34 $13.37 $0.00 #DNNI $0.00 $0.00 $0.00 $0.00 #DNNI $0.00 $0.00 $0.00 $0.00 #DNNI 50.00 EOAO $0.00 $0.00 #DNNI - $0.001 $0.00 $OAO $0.00 #DNNI $0.00 $0A0 $0.00 $OAO #DNNI $0.00 $0.00 $0.00 $0.00 #DNN1 50.00 $0.00 $0.00 $0.00 #DN/01 $0.00 $0.00 $0.00 $0.00 #DNNI $0.00 $0A0 $0A0 $0.00 #DN101 $0.00 $0.00 $0.00 $0.00 #DNNI $0.00 $0.00 $0.00 $0.00 #DIV/01 $0.00 $0.00 $0.00 $0.00 #DN101 100 $0.00 .00 $0.00 #DNNI $0.00 $0,00 $0.00 $OAO #DNNI x.00 $0.00 $0.00 $0.00 #DNNI $0.00 $0.00 $0.00 $OAO #DNNI $0.00 $0.00 $OAO $0.00 41DN101 $0.00 $0.00 20.00 $0.00 #DNNI 10-00 $0.00 $0A0 $0.00 #DNNI $0.00 $0.00 $0.00 $0.00 SUBTOTALS $221.00 21,254.48 $0.00 Remarks: SubWW pabor+material +equipment) Labor Burden 43 % of labor OVER HEAD 10 %A+B PROFIT 5 %afabc Sales Tax 0 % of taxable Items Tote) (A+B+C+D+E) $221.00 $1,47SA6 $95.03 $167.05 $8658 $0.00 $1,813.91 C15 0605.XLS Page 1 C1501 S3 a 3'S IT MCOUCM1011 GHOVr° June 29, 2006 Wiginton Hooker Jeffry, P.C. Architects 9696 Skillman Street Dallas, TX 75243 Attn: Tom Hooker Re: Brazos County Sheriffs Office Bryan, TX Hunt Job No. 3098 Subject: Conduits for Verizon Sent VIA Facsimile 214-349-2552 Verizon was onsite a few weeks ago to review the progress of work and the conduits shown on the contract drawings. Verizon advised that two (2) four inch (4') conduits for the telephone service needs to be provided and extend from the building out to the pole located on Highway 21. Currently the contract drawings only provide two (2) two inch (2'~ conduits for telephone service (Addendum #1). Hunt is requesting pricing from College Station Electric to provide the conduits necessary for Verizon. Once pricing is received and verified I will formally submit for WHJ's and the County's approval. This change will be funded from Owner Contingency. If there are any questions regarding this matter, please contact me at, (979)822-9318. Sincerely C. Corbyn Roberts Project Manager Cc: Pat Howard with Bows County Dan Duffy with WM File Hunt Coasttuction Group, Inc. 1700 Sam Highway 21W, Bryan, Teat 77803 Phone. (979) 822-9318 Fax (979) F19 A19 6°nrmm m.ongmup.com s3 a~ RENEWAL ACCEPTANCE: By signing herewith, we acknowledge and agree to renew RFP 2005-033R in accordance with all terms and conditions agreed to and accepted in the RFP. The new RFP number is 2006-040R Jim Swiger~V ionee Texas Li se No. 9214 County Judge ~~5 v6 Date g`d.t4~~o Date " a87 D v O D r O m A O O O W r 0 W m c < m m M y 2 4F y r fA . CD ~:2 z ? G c D CD Z R~ N m O n N N N N N M 0 CO) D r N ° J o J O °o 1 m d m m ° o 0 u> Fn En sa 'O (A p e ~ r ? j . d) N O O O {7 O O Cl ° O O Z Z g O 0 O x ;o ;u m ri) U) O O O N Co m m m 'z n d+ z z z O o O D m + vmi vmi W Z W o O O , v z z i v i c n m m m z O z O z O < m m m c C O cn to 3 m O O 0 y m m m ch o v> a9 e» m v o R D * N p m ~ C7 } O 0) N ? 7 O C O O O O . 3 Q G 0 0 0 0 C y~0 H+ tr' o y W=~ y o C °Q z4 z oy Ao U CO d co ha N M ~ ~ d O d U ~ ~ F ~ s. o a w L w F- O ` > a o my U W d W CL C co y m uw w a Z N 00 tY Z(L w c LLI ~ ~ ° Z d a w cm W w H z C YO O Y > o W 00 60 v N co z O U H Lo a) a N C o N > L) o C > ,C N W N 7 E r, o C 0U - > d Y m 2 L~ O w J W w z O O H Q 0 J O CL a Q RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew Bid # 2005-037R in accordance with all terms and conditions agreed to and accepted as Bid #2006-0398 I understand that Bid #2006-039R will be from the period beginning October 1, 2006 through September 30, 2007. ZaA ~ - - David Mitrani Lonestar Uniforms, Inc. F 7 p Date I/X a' Date r r ~ r O S= q r 1 31 D m A O mt Q o o m y~ A Hill d! N M N O ~ NN M MyM yM (My pM Np N(NJ fN.1 M yNM yN NyM+N MM pQ Q ,WN N (yWyJ ~Ap pA W YW~,yNd 0 ® O Q N (l~ N fli O N {NIi ro PAT~'TERSON AR,CHLTCTS 701 South Texas Ave `;Bryan, Texas M03 ,B7 an, 775 6036 7 August 2006 Ms. Pat Howard Brazos County 300 East 26th Bryan, TX 77803 RE: Brazos County Administration Facility: 2006-2642 Dear Ms. Howard: Patterson tr Architects would like to present this proposal for Architectural Services to you for the cost analysis (construction budget) for the Brazos County Administration Facility, the former First Baptist Church Facility. We will meet with building officials to review the report on the existing facility, provided by Brazos County; We are excited to assist you in the planning of Brazos County's new building to be transformed into a functional, accessible and professional office building. ARCHITECTURAL SERVICES The Owner shall provide the Architect with a basic program of, space requirements and preconceived ideas as to the design intent requiring the Architect to establish a construction cost. The Owner shall provide site information and any site requirements hazardous materials report and record drawing of the existing facility. ' The Architect will then review potential design concepts to establish the direction of the project, preliminary design sketches, and other information as required communicating the preliminary design to the Owner for a preliminary cost estimate: ARCHITECTURAL/ ENGINEERING SERVICES Basic Services - These "Basic Services' to be provided by Patterson *Architects include the following: A. Schematic Design Services 1. Review Owner-supplied data (program and budget) 2. Conceptual Site and Building Plans 3. Preliminary selection of building systems and materials 4. Statement of probable construction costs 5. Presentations Additional Services - design for our children's future Proposal 2 The following Additional Services may be required on this project depending on the final scope of work. Any of these additional services would be invoiced at our hourly rates for time spent on the project. 1. Detailed preliminary design package prepared specifically for preliminary cost estimating by Contractor./ s. 2. Additional presentation drawings, models, etc. shall be considered as additional services and shall be provided only at the request of the Owner. 3. Major design revisions requested by the Owner after the construction cost is approved and construction has begun. 4. Detailed coordination of Owner furnished equipment (communications, devices, computer or telephone equipment, kitchen equipment, etc.) 5. Color and material selections FORM OF AGREEMENT This proposal is an interim agreement until more detailed information is available. Both parties will enter into a contract using the AIA Document of Agreement Between Owner and Architect for the remainder of services to be provided ARCHITECTURAL FEES The Owner will compensate Pattersonr Architects for the designated services listed above as follows: Construction Cost Estimates (Budget) Documents - An amount equal to $125.00 per hour for Principals' time and $65.00 per hour for support personnel's' time expended in documentation of existing conditions, conference, plan review sessions, preparation of preliminary plans, and construction budget as outlined in the scope of work above. Not to exceed $7500.00. Any additional services will be billed at the above rates CONDITIONS OF THE AGREEMENT Payment shall be made in installments for services performed. Payments shall be due within THIRTY (30) days from billing date and interest shall be charged at a rate of .833% per month thereafter. Payment is due for work performed whether or not the owner elects to proceed to final completion, whether or not the project is built or terminatedin any drawing phase. The Owner to provide current hazardous material survey for this property and any abatement, if required, and coordination thereof. All original drawings will remain the property of Patterson * Architects. Reproducible copies may be obtained by the Owner for his use. The architect shall not be responsible for the correctness of drawing prepared by others (as-builts, surveys, engineering, etc.). This agreement may be terminated by either party upon 7 days written notice. In the event of termination, Patterson * Architects shall be compensated for services performed to termination date, including reimbursable expenses then due and all Bmzos County Administration Facility: 2006-2642 Proposal 3 terminal expenses. In such an event the Owner shall provide with a copy of all documents completed prior to terminati on of work. The Texas Board of Architectural Examiners, P.O. f3 :x 12337, Austin, Texas 78711- 2337 or 33 Guadalupe, suite 2-350, Austin, Texas 78701-3943, Telephone 512/ 305- 9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas civil statutes, Article 249a. We sincerely appreciate the opportunity to submit this proposal and look forward to working with you in the restoration of your building at 300 East 26th. Respectfully Fr& A. P Architect ACCEPTED DATE VIUJo` Brazos County Administration Facility: 2006-2642 Plug U. cUuo o:ao nr LHbLKJL1 hHR 19172050462 P.1 RENEWAL ACCEPTANCE By signing herewith Able Tire Disposal agrees to renew Annual Contract for Scrap Tire Removal swim. in accordance with all terms and conditions previously agreed to and accepted, and with no Increase In price. I understand this agreement WIN be for the period beginning October 1, 2006 through September 30, 2007. Ab ire Di D3 (J D COUNTY Simi, County Judge ~ 22 oG Date Z•d 962i-198-6L6 xtld 13rsaswi dH Nd99121 9002 co 9nu BRAZOS COUNIY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 22, 2006 f(In ITEM: Request from Verizon Communications to construct a road bore in the right of way of North Graham Road approximately 1,700 feet northeast of its intersection with I&GN Road for buried cable installations. 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. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: ichard F. Vance, P.E. Comm sioner Lloyd Wassermann County Engineer Precinct 1 0006-060 This Request is Approved /I Denied 0 by Commissioners' Court Date: Randy Sire , County Judge a9~ VERIZON COMMUNICATION Notice of dine Installation August 8, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a road bore within the right-0f--way of a County Road in Brazos County, Texas as follows: Beginning at a point approximately 1700' northeast of the intersection of N. Graham Road and IGN Road, a road bore will be made southeast across N. Graham Road. 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 fine 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 September 15, 2006. VERIZON COMMUNICATIONS 5416-3POAOEW L In Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 I i mm 'a5 ~ e rc. m K " a'd' a Y 1~ t 1~ 3 S z ~ a _ ~ ~ J z N W u E d ss 62e IO Sie bie N 2 O S ~ = YS N S• eSN~i S ~ 1 N1 1 NN •G I K $ pp y ~ 4Ryyy 11 l'16 O fl$V I 1S3 }y ( j { .VVp V U 3c k u W m v ( y f W w m F 2 3 7 L o o N = Q M m _ c i w a Z j 2 p 2 Y m 3 m 3 N Z m P N „ W m W > U f yy 3 J p 3 F p LL Z 13 3 H S Ta see ~ ~ edmlr~ / llf / p1 41 I f F r•1.. ! 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Y9_IIO H6 4~Id u ~ Y 4 6~5 a_1.Y . • ~0 ~ Q ~ 6 ~ LN LL ~N LL d yyb d. d MZO ° ESO i r W a 9 9 Q w w W Z E J % % N d a W w Z Y. C O a N o b]NNB H]=N0 N~NNb N ~ 0 O d gL N.n NBA .i F N b z u Q o s -au ° O Zw L;; u ' O O . N m 3 X V 3 fi s w m w ¢ ' a te w O ~ a o rc > o N } ~ w rc oz ¢ ~ u z b z p B N O ' m N P V m O W. W N > b u W ~ s W W J O 3 `r cQi LL „.g, x N e-I mu MAN LLIlg .10 z O r z w W Q 1- Q W O w_ litltll g~'qD 13sms '4p -440.. Wv 3Q I IIIHS 9 fy:~n b NS , _ 8S~DO ~ n N^ ~vRJU I N v ~ J / ry N w~ BRAZOS COUNTY 11q COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 22. 2006 ITEM: Request from Wickson Creek Special Utility District to construct 10 road bores and 920 ft of parallel water line installations in the right of way of Weedon Loop, Elmo Weedon Road and Treebrook Lane 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: SUB I D BY: Richard F. Vance, P.E. County Engineer 0006-061 This Reque t is Approved Date: Randy APPROVED BY: Commissioner "e ny Mallar Precinct 3 / Denied ❑ by Commissioners' Court Judge 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) Wickson Creek Special Utility District proposes to place a (type) Waterline within x across- the right-of-way of (roaftitio. Wei~da-n_-Weedon noon R,..,.,.;:n Brazos County, Texas as follows: Tkeebrook Wie The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 16 day of August 2006 APPROVED BY COMMISSIONERS' Firm: Wicl n Creek Special Utility District By. r✓ Title: General Manager Address: B. 0. Box 4756 Bryan, Teyas 77805 Phone: 979-589-3030 COURT ON: Date Q~ Gtr ~fn~ Randy Si County Judge Prc Y3 301 - C~k 5 _CSN E - G -s CSNE E vv-0 W C E ~--)o IQ n 0 P b X G I~ Prlvc,, - FoO ~o o L~ ro ' I j s I! t H ~ , ; `~zso p6 w O A 9~3z 3 s e, 93 V rn G co N T f o 0 /7T z m z ~ ,7jj R~0 V 3 ~ H dm~ ~t n z ~ G G ~j -N a5g~ a Ny~ 41, CoOp , o R 83 303_, k 859 ,li Vl~ of All J A[ - of ~ 3 istig o I -fu-r~u ±i :I' Slob : I, ~ I 1 ~I L~ BRAZOS COUNTY t c)__,,- COMMISSIONERS' COURT ACTION FORM DEPART Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 22, 2006 ITEM: Request from Wellborn Special Utility District to construct 5,300 ft. of 2 inch PVC water line in the right of way of Koppe Bridge Road 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 Hichwavs, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB II E Richard F. Vance, P.E. County Engineer 0006-062 This Request Date: YL~ Randy APPROVED BY: Commi6ioner Lloyd Wassermann Precinct 1 V/1 Denied ❑ by Commissioners' Court udge 92 .5 vwyP'. ~ ~ b o ~ O 'lS O vo. 6Z0O rbf .O ~a~ S N6O 0 ~ O \ tibyse J ~ N S ~ ~b~sd mob. ~ ~ d~bp .ABC' Q' dp~~ V) \ C6 0 b O dp ee `~~66 d S J Aye A, W U Q ° 0 Q ° N N C O a d ~p~o f, N aaoC:) HyM°°~ab I oo0 os ~0j~sd~c 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) w@ hl w JO L7 propos to pla a (ty pe) within ✓across_ the right-of-way of (road) OW !7 d6 in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation, 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 44,ay of ~ 20_11(,, RAGE Bose -4- 5, 30D kt Firm: wgulmu Soy r r BY c0 't1s Title:_A(' Address: Phone: -~q ~oqo-q-7 77~S- t D~ ~r 7 Arm c id /0 to 1404, F3 3a7 APPROVED BY COMMISSIONERS' COURT OW BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 22, 2006 ITEM: Request for permission to enter Mervin D Peters' property located off Wilcox Lane (approximately 4,000 feet from FM 2776) for the purpose of constructing a work zone to accommodate the replacement of the existing wooden bridge structure for the health safe and welfare of the general public Site is located in Precinct 2. PRESENTATION: County will remove the existing wooden bridge structure on Wilcox Lane and replace it with 2 - 48" culvert metal pipes (which will extend several feet onto owner's property). County will reshape the dam and spillway of property owner's lake at this location as part of the project. If needed, a temporary fence will be constructed around the work zone and a permanent fence will be constructed upon completion of the project. SUBMITTED BY: APPROVED BY Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 0006-063 This Request is Approved (or) Denied by Commissioners' Court Date: Randy Sims ounty Judge 83 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM N.i y $kn. ham. Cw.q Rwd 101dP VOL WNa caMv Ault'. M? "P, We., brym./..w 77109 L"Wmve m ~979 WHIP csm ,s Pd 1 f W U79.77SA 63 b post VN.m Cmmn Yol2 r.nn, 7. uw I,anm wM V01J G.rvv Caw [m.n,r.knr rm ~ DATES August L4, 2006 I.AND OWNER AND ADDRESS: Mervin D. Peters 3000 Briarcrest Drive, 9ulte 01 Bryan, Texas 77802 LOCATION OF WORK: Wilcox Lane III. DESCRIPTION OF WORK TO BE DONE: Permiaolon LO enter your property on Wilcox Lane approximately 4,0001 from the in term cc on oE-F~7767~razos r;nllnty will be removing the existing wooden st.rueture bridge at this location and replacing it with two 48" culverts that will extend several feet onto your property. If needed, a temporat.y fence will be constructed atoand thin work None and a permanent fence will be constructed upon completion of the work. We will reshape the dam and spillway on your lake at this location as part of this work, IV. MAINTENANCL YES --x_ NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE As needed (O ierwlil a notified prior to maintenance,) ~ LG4~a t,C Richard F. Vance, P.E. rdRI of Way Apant County Engineer Owner's Signature; =--oate: f fi . i (10 ~ ro 309 2/2'd £SbOSLL6:el 2022 9LL 6L6 Abu oeduA s-n3M:Wajd 20:£T 9002-ST-E)nu BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 I DATE OF COURT MEETING: August 22, 2006 ITEM: Request for permission to enter LeRoy V. Kenny's property located off Wilcox Lane (approximately 4,000 feet from FM 2776) for the purpose of constructing a work zone to accommodate the replacement of the existing wooden bridge structure for the health, safety and welfare of the general public. Site is located in Precinct 2. PRESENTATION: County will remove the existing wooden bridge structure on Wilcox Lane and replace it with 2 - 48" culvert metal pipes (which will extend several feet onto owner's property). If needed, a temporary fence will be constructed around the work zone and a permanent fence will be constructed upon completion of the project. SUBMITTED BY: Al~ Richard F. Vance, P.E. County Engineer 0006-064 MMAE~~;~ Commissioner E. Duane Peters Precinct 2 This Request is Approved Zor) Denied by Commissioners' Court Date: Brace "7 77-0~ Randy p BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Road 8 Bridge Dept. Brazos County Judge 2617 Hay 21 West Bryan, Texas 77803 Lloyd Wassermann ORrcep 979.822.2127 Commissioner Pct 1 Fax# 979475-0453 E. Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pot 3 Carey Ceuley Commissioner Pot 4 DATE: August 14, 2006 1. LAND OWNER AND ADDRESS: LeRoy V. Kenna 6947 Dilly Shaw Tap Road Bryan, Texas 77808 Il. LOCATION OF WORK: Wilcox Lane III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property on Wilcox Lane approximately 4,000' from the intersection o FM 2776-.--Brazos County will be removing the existing wooden structure bridge at this location an o your property. If needed, a temporary fence will be constructed around this work zone and a permanent fence will be constructs upon completion othis work. IV. MAINTENANCE YES NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As needed er will be notified prior to maintenance.) ( 4 z Richard F. Vance, P.E. ~F~ an/ Widht of Way Agent County Engineer Owner's Signature: Date:-1 r ,g,3 "31/ n 0 a U 3 z 0 a. a° nn, ~ s y 0 0 0 P 3 v ° z Z a c o0o OO ~ ~ c m 3 ,10i~ m A y a m °e S m ti a ti 0 o ~ e ° m a a c) a °a a ~ a A o 00 m Z a 3 O a a v ~ a' 3 P y p R N S `i ti O ~ A a y e ~ C < _oo- • o C. ~ o n U a y $ P a to a r E m ~ ss~ soy s: o a e 'D a a O X OlZ jOIK M a!M f -!,p m a N C'1 n y' G N m N fD N H N C3. `G 0 M C N O O 91 0 a. co n w ~ CD G o W d y Oro d N w o O CD G j ~M C 0 r n H w o OQ w n LA n O co w K m C N y I--i y fD O ell N Fri K V1 l~• O b r y O olaI 2 y b 3 y z oo O 'e a' ry R1 5 M ~ A 3 a O fi 5 (yTl O a 3 .'Z a c ~ p o 'a' n e m y R O R fi ti m o G1 ~ < 0 a o n as $ z a a n mo a i o m y. 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